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.