HomeMy WebLinkAbout80-041 NanovicRoger N. Nanovic, Esquire
57 Broadway
Jim Thorpe, PA 18229
Dear Mr. Nanovic:
Act 170 § 3 (c) states:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 20, 1980
OPINION OF THE COMMISSION
- 80 - 041
In your letter of June 11, 1980 you, in your capacity as
representative of the supervisors of Penn Forest Township,
requested an advisory opinion from the State Ethics Commission
relative to certain activities of members of the Penn Forest
Planning Commission. You explained that one of the Planning
Commission members owns and operates, on a part -time basis,
a shale and stone quarry. It is the only quarry in perhaps
a twenty -five mile radius. This same individual, because
he has the equipment ready and available for'his quarry,
does snow removal for the Township during the winter
months. You specifically requested an opinion from the
Commission as to the application of Act 170, and in par-
ticular § 3 (h), to appointed non - compensated members b.f
the Planning Commission.
Act 170 applies not only to public officials And public
employees but also to certain individuals who have defined
relationships with political subdivisions. Section 3 (h)
applies to any individual who holds "appointed office," and
explicitly prohibits such an individual from having any
interest in any contract with the political subdivision.
"No public official ... shall enter into any contract
valued at $500 or more with a governmental body
unless the contract has been awarded through an open
and public process, including prior public notice and
subsequent public disclosure of all proposals
considered and contracts awarded...."
Roger N. Nanovic, Esquire
August 20, 1980
Page 2
Section 2 of Act 170 in defining public official states:
Section 3 (d) reads:
"Public official shall not include any appointed
official who receives no compensation other than
reimbursement for actual expenses."
Section 3 (h) (1) states:
The Commission believes that the questions arising under
Section 3 (h) (i) should be addressed insofar as possible in
light of the safe guards contained in Section 3 (c). The
Commission recognizes that the prohibitions contained in
Section (3) (h) (i) may be read more broadly and be applied
to more officials (those appointed and not compensated) than
the provisions of Section 3 (c). However, an effort to treat
similarly situated "individuals who hold appointed office"
equally with . "public officials" is reasonable and should
be made here. It is the Commission's opinion that
Section 3 (c) and Section 3 (h) (i) were attempts by the
Legislature to control similar potential abuses, even
if these Sections may be applied to different groups.
"Any individual who holds an appointed office in any
political subdivision shall not have an interest in
any contract or construction in which that political
subdivision shall enter or have an interest :
"Other areas of possible conflict shall be addressed
by the Commission pursuant to Paragraph 9 of
Section 7."
Thus, it is reasonable to address this possible area of
conflict under the power in Section 3 (d) between an appointed
individual of the Planning Commission and the Township as
paralleling the provisions of Section 3 (c) and to impose those
safeguards contained in Section 3 (c) to this case. Therefore,
it is the opinion of the Commission that appointed members of
the Penn Forest Township Planning Commission should be subject
to similar restrictions as contained in Section 3 (c) and
thus may enter into contracts with Penn Forest Township of
greater than $500 in value only when the contract has been
awarded through an open and public process, including
prior public notice and subsequent public disclosure of
all proposals considered and contracts awarded.
Roger N. Nanovic, Esquire
August 20, 1980
Page 3
It is the Commission's opinion that members of this -
Planning Commission, as appointed officials are prohibited-
from having a contractual relationship other than described
above, with the Township involved.
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.
PJS /jc
cc: PA St. Association of Twp. Supervisors
Martha Bryer
Penn Forest Township
Josiah W. H. Behrens, Chairman