HomeMy WebLinkAbout80-019 RoutchTO:
RE:
DISCUSSION:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
March 12, 1980 Opinion 1! 80 -019
James S. Routch
Patterson, Evey, Routch, Black & Behrens
40103 Allegheny Street
Hollidaysburg, PA 16648
Representation of a Municipal Authority
On January 28, 1980, James S. Routch, a solicitor
for the Blair Township Water & Sewer Authority, wrote
this Commission asking for an advisory opinion.
He asked:
Can the Authority hire the Secretary /Treasurer and
pay the Secretary /Treasurer a salary to perform
meter readings, take general responsibility for
all billings, and the general operation of the
overall system?
The next question he asked is if an Authority can
hire the spouse of one of its members as an employee
of the Authority.
The issue is whether a governmental body may do
business with one of its members, or the spouse of one
of its members, and if so, what procedures must be taken.
Section 3(c) does not apply to employment contractors.
However, Section 3(d) of the State Ethics Act permits the
Commission to address other areas of possible conflict.
Section 1 of the State Ethics Act states, "Because
public confidence in government can best be sustained
by assuring the people of the impartiality of and
honesty of public officials, this Act shall be liberally
construed to promote complete disclosure." In order
that impartiality be maintained in the hiring of a
member of a governmental body as an employee, or the
spouse of a member of a governmental body, there shall
be prior public notice of the position available, the
terms of the position, and subsequent disclosure of the
name of the public official, or member of his or her
immediate family, who obtained the position.
James S. Routch
Page 2
March 12, 1980
The Commission has already decided this day that
Authorities are subject to the State Ethics Act, effective
upon adoption of the final regulations, Bryan et al. 80 -014.
CONCLUSION:
An Authority can employ a member of the Authority,
or a member of that Authority's immediate family, providing
there is prior public notice of the position available, its
terms, and subsequent public disclosure of the identity of
the individual receiving the position. Section 3(c) does
not apply to employment contracts.
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.
(.1
Paul J.
/2
mith, Chair