HomeMy WebLinkAbout79-050 WalkerSamuel S. Walker
17 Pine Tree Road
Lock Haven, PA 17745
STATE ETHICS COMMISSION
HARRISBURG, PA.
September 5, 1979
OPINION OF THE COMMISSION
RE: Effect of Act 170 on elected official as former owner
of business sold to his daughter.
FACTS:
Samuel S. Walker is .a candidate for Lock Haven City
Council. He has an adult daughter, who, with her husband,
own Walker Hardware Store in Lock Haven.
Samuel S. Walker still owns the realty, leases it to
his daughter and son -in -law, and receives regular payments
from the sale of the business.
DISCUSION:
The store is the only hardware store in Lock Haven.
79 -050
Section 3(c) requires in part: "No public employee or
member of his immediate family or any business in which the
person or member of the person's immediate family is a
director, officer, owner or holder of stock exceeding 5% of the
equity at fair market value of the business shall enter into any
contract valued at $500 or more with a governmental body unless
the - contract has been awarded through an open and public process,
including prior public notice and subsequent public disclosure of
all proposals considered and contracts awarded."
The State Ethics Act defines "immediate family" to be
1 ' a spouse residing in the person's household and minor dependent
children Since Mr: Walker's daughter is not a minor; she is
.not d member of his immediate family as that term is used in Act
179. Her ownership with her husband - of the hardware store
would not place the limitations of Section 3(c) on the Lock Haven
City Council if her father is elected to the body.
s ..
However, Mr. Walker's prior ownership of the store may
create the _appearance of conflict. The Commission suggests that
Mr walker should give public notice that he no longer has an
interest in the store.
CONCLUSION:
Samuel S. Walker Page Two
While this request did not specifically raise the issue
of the difficulty of conducting local governmental affairs when only
one vendor or contractor is available within the jurisdiction
of the governmental body and when emergencies arise, the Commission
wishes to give notice that the open and public-process of Act 170
was not meant to inhibit needed governmental responses to emergencies.
If you desire a formal opinion from the Commission on
this issue, please write to this office requesting an opinion.
Pursuant to Sections 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.
There is no conflict in having Samuel S. Walker take
office on the City Council of Lock Haven, even though that
City Council will make purchases from the Walker Hardware
Store, since Mr. Walker has no direct interest in the Walker
Hardware Store. Because the name, Walker Hardware Store is
associated with Mr. Walker, he should avoid the appearance
of conflict by declining to take part on City Council discussions
relating to the purchase of items from the hardware store.
aul J i'bmith-
Chairman