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HomeMy WebLinkAbout79-067 TraceTO: DISCUSSION: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 OPINION OF THE COMMISSION November 7, 1979 Robert J. Trace, Esquire 111 Locust Street Harrisburg, PA 17101 RE: Administrative Assistant in Treasury Department leasing premise to Liquor Control Board FACTS: X79 -067 On September 21, 1979, Robert J. Trace, Esquire, counsel for Mr. and Mrs. John Durbin, requested a written opinion of this Commission. He advised that his clients lease a building in Harrisburg to the Liquor Control Board for a State store. He also advised that John Durbin is an appointed State official in the Treasury Department. He asked "whether or not the above facts constitute a conflict of interest sufficient to support a violation of Act No. 170...." The issue is whether Section 3(c) applies to the above fact situation. Section 3(c) states: No public official or public employee or a member of his immediate family or any business in which the person or a 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.... In order for Section 3(c) to apply, the public official must have a business interest in the govern - mental body with which he is associated. The office of Executive Assistant in the Treasury Department does not control the Liquor Control Board, therefore Section 3(c) does not apply. ' I Robert J. Trace November 7, 1979 page 2 of 2 Mr. Durbin is advised that he must compete for a lease interest under existing Liquor Control Board rules and regulations. He is also advised that he must disclose this real estate interest on the Financial Interest Statement he is required to file by May 1, 1980. CONCLUSION: Mr. Durbin, being an Administrative Assistant in the Treasury Department, is not engaged in a conflict of interest when he and his wife lease a building they own to the Liquor Control Board for a State store. Pursuant to Section 7(9)(i), this opinion 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 letter is a public record and will be made available as such. AUL J. ITH, Chairman SEAL)