HomeMy WebLinkAbout80-020 BoyleMr. Gerard F. Boyle
201 Lysle Boulevard
McKeesport, PA 15132
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 21, 1980
OPINION OF THE COMMISSION
#80 -020
Dear Mr. Boyle:
In your letter of March 30, 1980, you requested an advisory
opinion from the State Ethics Commission relative to your position
as councilman for the City of McKeesport. In your letter you
explained that you are employed as Municipal Coordinator by
Centre Video Corporation, a cable television business that
presently has a franchise agreement with the City of McKeesport
that is due to expire on June 23, 1980. You specifically
requested an opinon as to whether you could participate in any
manner in the renegotiation of the franchise agreement with the
City of McKeesport.
It is the Commission's opinion that as a City Councilman you
are a "public official" as that term is used in Act 170. Section 1
of the act declares that the "people have a right to be assured that
the financial interests of holders of . . . public office present
neither a conflict nor the apperance of a conflict with the public
trust." Section 3(a) of the Act provides that no "public official"
shall use his public office "to obtain financial gain" for himself
or a business with which he is associated. It is the Commission's
opinion tht Act 170 prevents you from participating in any manner in
the renegotiation of the cable television franchise agreement with
the City of McKeesport and any council of governments with which
the City of McKeesport is associated.
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.
PAUL J ITH
Chair
PJS /rdp
cc: Michael Meyers
Governor's Office of Legislative Relations
7th Floor, Strawberry Square
Harrisburg, PA 17120