HomeMy WebLinkAbout89-029 ConfidentialI. Issue:
III. Discussion:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OPINION OF THE COMMISSION
Before: Helena G. Hughes, Chair
Robert W. Brown, Vice Chair
G. Sieber Pancoast
Dennis C. Harrington
James M. Howley
DATE DECIDED: October 26, 1989
DATE MAILED: Novemher R. 1989
89 - 029
Re: Conflict, Authority of Office, Voting, Painting Services, School
Director, School Solicitor
This confidential Opinion is issued in response to your request
of September 15, 1989.
Whether the Public Official and Employee Ethics Law restricts
the private employment for painting services of a school board member
by the school solicitor.
II. Factual Basis for Determination:
You are a solicitor for the A Area School District. You require
the services of a painter and you wish to hire Mr. B, a member of the
Board of the A Area School District, as a painter for two personal
painting projects. You state that Mr. B regularly undertakes such
business projects within the community and would charge you the same
rate for his services as in the ordinary course of business.
The school board has considered proposals to replace you as the
solicitor but such motions have failed. Mr. B has indicated that he
supports your retention; however, the issue may be raised again at a
future meeting which would require Mr. B to reconsider his position.
You ask whether the Public Official and Employee Ethics Law imposes
any restrictions upon Mr. B's as a school director or upon you as
school solicitor.
As a solicitor for the A Area School District you are public
employee as that term is defined in the Ethics Law and as a member of
the Board of the A Area School District Mr. B is a public official.
Page 4
explanation setting forth the reasons why the Opinion requires
reconsideration.
By t.e Commissio
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lena G. Hughes,
hair