HomeMy WebLinkAbout79-044 HowardEdward L. Howard, Senator
16 North Franklin Street
P.O. Box 1010
Doylestown, PA 18901
RE: Application of Section 3(c); primarily definition of
governmental body and open and public process.
FACTS:
On March 8, 1979 you requested an opinion on the type
of "open and public process" required for the sale of
products by your company to various governmental bodies.
DISCUSSION:
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 5, 1979
OPINION OF THE COMMISSION
Your letter raises two questions:
2) What is "open and public process ?"
1) What is the governmental body with which you are
associated?
79 -044
We hold that the government body with which you are
associated is the Pennsylvania Senate. Therefore, the
requirement of "open and public process," and "prior notice
and subsequent disclosure" as set forth in 3(c) is limited
to sale of products from your company to the Pennsylvania
Senate, and not to any other agency.
The Act requires that contracts over $500 between a
public official or employee and a governmental body with
which that public official or employee is associated meet
the criteria:
1) Prior public notice; and
2) public disclosure of all proposals considered; and
3) public disclosure of the award of the contract.
A reasonableness test is to be employed on each fact
situation to answer the question of how many days constitute
prior public notice. Essentially, there should be sufficient
time for a reasonable and prudent competitor of the public
Edward L. Howard, Senator
CONCLUSION:
Page Two
official or public employee to be able to prepare and submit
a proposal.
Pursuant to Section 7(9)(ii), this advice is a complete
defense in any enforcement proceeding initiated by the
Commission, and evidence of good faith conduct in any other
civil or criminal proceeding, providing the requestor has
disclosed truthfully all the material facts and committed
the acts complained of in reliance on the advice given.
This opinion is a public record by law and will be made
available as such.
A governmental body with which a senator is associated
is the Pennsylvania Senate. Contracts with that body must meet
the "open and public process" as set forth in Section 3(c).
Sufficient prior public notice as used in that phrase should
be determined by a reasonable and prudent person test; i.e.,
time which would allow a reasonable and prudent competitor to
prepare and submit a proposal.