HomeMy WebLinkAbout861-2 Terry PainterSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Terry Painter File Docket: 87 -066 -C
Date Decided: 02/23/95
Date Mailed: 03/10/95
Before:
Daneen E. Reese, Chair
Roy W. Wilt
Austin M. Lee
Allan M. Rluger
John R. Showers
Rev. Joseph G. Quinn
Boyd E. Wolff
This adjudication of the State Ethics Commission is issued in
compliance with an order of remand by the Commonwealth Court in
Rebottini et al v. SEC, Pa. Commw. Ct. , 634 A.2d 743 (1993).
Following issuance of Painter, Order 861 by the State Ethics
Commission on September 18, 1992, an appeal was filed with
Commonwealth Court. In the subsequent decision of the Commonwealth
Court, it was held that a violation of Section 3(a) of Act 170 of
1978 occurred as to certain actions of Painter relative to WWMA
service, that no restitution be imposed and that the case be
remanded to the State Ethics Commission for further proceeding
consistent with the Opinion. Petitions for allocatur were filed by
Painter and the State Ethics Commission to the Pennsylvania Supreme
Court which petitions were denied in Painter and Mance v. SEC, at
727 W.D. Allocatur Docket, 1993 and SEC v. Rebottini, Painter,
Rhodes and Mance, at 581 M.D. Allocatur Docket, 1993 by Orders of
December 15, 1994.
This adjudication is issued in conformity with the decision of
Commonwealth Court which is now final.
In Re: Terry Painter File Docket: 87 -066 -C
Date Decided: 02/23/95
Date Mailed: 03/10/95
ORDER NO. 861 -2
1. Terry Painter as a member of the Western Westmoreland
Municipal Authority (WWMA) violated Section 3(a) of Act 170 of
1978 when he used public office to obtain a financial gain for
himself which was other than compensation provided for by law
when he voted to set his salary in 1986 and 1987 as a board
member of the WWMA as per the Opinion and Order of
Commonwealth Court in Rebottini et al v. SEC, Pa. Commw.
Ct. , 634 A.2d 743 (1993).
BY THE COMMISSION,
teaAtisA06
DANEEN E. REESE, CHAIR
Commissioner Austin M. Lee abstained as to decision of this
matter.