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HomeMy WebLinkAbout79-035 McFate0 Benjamin G. McFate, Esquire McFate, McFate & McFate 229 Elm Street Oil City, Pennsylvania 16301 Dear Mr. McFate: STATE ETHICS COMMISSION HARRISBURG, PA. July 9, 1979 79 - 035 In your letter of February 8, 1979, you requested the State Ethics Commission to furnish you an opinion pursuant to Section 7(9)(i) of Act 170 of 1978 as to whether a member of your law firm could accept employment as a solicitor for a governmental body. In your letter you explained that each member of the firm presently serves as solicitor for a government body. You indicated that a governmental body which your office does not presently represent has expressed a desire to employ a solicitor. You explained that while the matter would be con- cluded at a regular, open meeting, that you did not believe that formal public notice would be given in advance of the meeting concerning the employment of a solicitor nor did you believe that formal public notice would be given that a solicitor had been hired. You specifically requested an opinion as to whether a member of your firm would violate Section 3(c) of the Act if he accepted employment as solicitor for the governmental body under the above described circumstances. As solicitors for various governmental bodies, members of your firm are "public employees" and as such are prohibited by Section 3(c) of the Act from entering into "any contract valued at $500 or more with a governmental body unless the contract has been awarded through an open and public process ." It is the Commission's opinion that Section 3(c) of the Act is a limitation on a public employee's ability to contract with the governmental body with which he is associated. Because a member of your firm does not presently represent the governmental body seeking to employ a solicitor, it is the Commission's opinion that a member of your firm may accept employment with the governmental body without regard to the notice requirements of Section 3(c) of the Act. This letter is a public record and will be made avail- able as such. Sincerely, jip e a ul Smith Chairman