HomeMy WebLinkAbout80-586 KernanTO:
RE:
FACTS:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120,
March 25, 1980
ADVICE OF CHIEF COUNSEL
Francis J. Fornelli, Esquire
Cusick, Madden, Joyce and McKay
First Federal Building
Sharon, PA 16146
Application of Section 3(c) to Solicitors
The issue is whether Section 3(c) relates to the
renewal of solicitorships, and if so, in what manner?
Advice # 80 -586
Frank J. Kernan
Plowman and Spiegel
Grant Building
Pittsburgh, PA 15219
On November 30, 1979, Francis J. Fornelli, a member of
a firm holding a number of solicitorships, asked if the
following procedure would be in compliance with Section 3(c):
Included in the newspaper advertisement of the
organizational meeting will be notice that appointment
of a solicitor for the coming term will occur. At the
public hearing, the appointment of the solicitor will
be announced along with a statement of any other
individuals who were considered for the appointment,
if any. At the same time the term of the contract will
be announced.
Mr Kernan also asked what the requirement were in this area.
Section 3(c) of the State Ethics Act states that no
public official or public employee "shall enter into any
contract valued at $500 or more with a governmental body
[with which he is associated] unless the contract has been
awarded through an open and public process, including
prior public notice and subsequent public disclosure of all
proposals considered in contracts awarded."
The Commission has held in Routch, 80 -019, that Section
3(c) does not apply to an employment contract, therefore no
public notice of re- employment need be made.
Fornelli, Kernan
March 25, 1980
Page 2
CONCLUSION:
DRM /rdp -4
Section 3(c) does not apply to the re- employment of
a solicitor, therefore there need be no compliance with
Section 3(c).
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.
A personal appearance before the Commission and a
formal opinion will be issued upon your request if you
feel this reply does not suffice.
This letter is a public record and will be made
available as such.
i
rJP/
DAVID RIT ENHOUSE MORRIS
Chief Counsel