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HomeMy WebLinkAbout79-038 BarbinSTATE ETHICS COMMISSION HARRISBURG, PA. July 9, 1979 Harry C. Barbin, Esquire Barbin, Lauffer & O'Connell 608 Huntington Pike Rockledge, Philadelphia, PA 19111 Dear Mr. Barbin: Sincerely, aul J. .mith Chairma 79 -038 In your letter of Feburary 15, 1979, you requested an adivsory opinion from the State Ethics Commission concerning the application of Section 3(c) of the Act 170 of 1978 to your client, Mr. John A. Berger. You explained that Mr. Berger is an elected member of the Council of Horsham Township and is a Regis- tered Professional Engineer. You indicated that Mr. Berger had been appointed as a consulting engineer for a township in Mont- gomery County and explained that the National Society of Pro- fessional Engineers' Code of Professional Ethics provides that an engineer shall not compete unfairly with another engineer by attempting to obtain employment by competitive bidding. You specifically requested advice in Mr. Berger's behalf relative to the prohibition contained in the Engineers' Code of Professional Ethics concerning competitive bidding and the requirement of Section 3(c) of the Act 170 that certain contracts be awarded through "an open and public process ". As an elected member of the Council of Horsham Township, Mr. Berger is a "public official" as that term is used in Act 170. Section 3(c) of the Act prohibits a public official 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 official's ability to con- tract with the governmental body with which he is associated. Because Mr. Berger is not a "public official" with respect to the governmental body seeking his services as a professional engineer, it is the Commission's opinion that Mr. Berger may accept employment with the governmental body without regard to the requirements of Section 3(c) of the Act. This letter is a public record and will be made available as such.