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