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)