On Feb. 6, 2011, I posted this thread, Conflict of Interest??? At the February 8 meeting, Joe DeIuliis voted in favor of all requests made concerning the high school project. The Solicitor as well as Joe explained how there was no conflict of interest even though Joe was the business development manager, Pittsburgh region for dck worldwide. dck worldwide bid on the high school renovation.
Fast forward to the 11/14/11 meeting. Joe DeIuliis would not introduce or vote on item 12 of the 11/14/11 Commission meeting agenda. His employer, dck worldwide, was bidding on the project. Would someone please explain to me why it is a conflict of interest now, but it wasn't a conflict of interest when dck worldwide bid on the high school project?
I believe that if you were to pose the situation you describe directly to the General Counsel of the PA Ethics Commission, you might be advised that municipal and/or school district solicitors are not qualified to issue valid or binding decisions on possible conflicts of interest by Commissioners, councils, etc. and /or SB Directors....if fact, you might be told that such actions would in themselves be deemed conflicts of interest because the Commissioners, etc. and /or SB Directors employ, determine compensation and can terminate the employment of their respective solicitors....and this would be particularly true if the governing body by majority vote directed their solicitors to issue such opinions....you also would likely be advised that the only valid determination of conflict of interest in the Commonwealth must come from as a result of a formal action by the PA Ethics Commission.
ReplyDeleteI say this not as a lawyer but as a layman that had such a conversation with such a General Counsel some years ago. And I witnessed what can happen sometimes in these cases that follows.
If you wish to challenge what has taken place you can, but do so only directly with the Ethics Commission very quickly...do not allow the Commissioner or Director to beat you to the punch and seek what is termed an "Advisory Opinion" from the Ethics Commission...odds are you will lose because there is a likelyhood that not all relevent facts will have been submitted; and, you will not have enough time to find out and file an appeal in the alloted time to do so.
Bill Lewis
Bill, I wouldn't even bother. The things that go on with this high school project are ridiculous. It seems like they make up the rules as they go along. I wonder if we started paying Dr. Steinhauer's church for that parking arrangement we now have. We did take out a bond prematurely, right? We might as well start paying for a parking lot that we aren't using.
ReplyDeleteElaine