HomeMy WebLinkAbout80-021 MottoDominick Motto, Esquire
306 Central Building
101 South Mercer Street
New Castle, PA 16101
Dear Mr. Motto:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
May 21, 1980
OPINION OF THE COMMISSION
#80 -021
In your letter of March 26, 1980, you requested, as solicitor
for the New Castle Area School District, an advisory opinion from
the State Ethics Commission relative to a Mrs. Donna Donati, an
elected School Director of the District. You explained that
Mrs. Donati was elected in November of 1979 and assumed the
position of School Director in December 1979. You further explained
that the School District has regularly done business with the Donati
Music Company, a sole proprietorship owned by Mrs. Donati's husband.
You specifically requested an opinion as to whether continued business
transactions between the District and the Donati Music Company created
a conflict of interest prohibited by Act 170.
As an elected school director, Mrs. Donati is a "public official"
as that term is used in Act 170. Section 3(a) of the Act provides
that no public official shall use his public office to "obtain
financial gain . . , for . . . a member of his immediate family. . . ."
Section 3(c) of the Act prohibits a "public official" or a member
of his immediate family from entering into "any contract valued at
$500.00 or more with a governmental body unless the contract has been
awarded through an open and public process. . ."
It is the Commission's opinion that Act 170 requires Mrs. Donati
to abstain from participating in School District matters concerning
her husband's music business. It is the Commission's further opinion
that if the School District desires to enter into a contract valued
at $500.00 or more, with the Donati Music Company, said contract must
be awarded through an open and public process including prior public
notice and subsequent public disclosure of all proposals considered
and contracts awarded."
Dominick Motto, Esquire
May 21, 1980
Page 2
Pursuant to Section 7(9)(i), this opinion is a complete defense
in any enforcement proceeding initiatied by the Commision, 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.
PJS /rdp
This letter is a public record and will be made available as such.
PAUL J.
Chairma
cc: Michael Meyers
Governor's Office of legislative Relations
7th Floor, Strawberry Square
Harrisburg, PA 17120