HomeMy WebLinkAbout862-2 Thomas ManceBefore:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Thomas Mance File Docket: 87 -055 -C
Date Decided: 02/23/95
Date Mailed: 03/10/95
Daneen E. Reese, Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
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 Mance, Order 862 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 no violation of Section 3(a) of Act 170 of
1978 occurred as to certain actions relative to NHTMA service, that
a violation of Section 3(a) of Act 170 of 1978 occurred as to
certain actions 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 Mance 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: Thomas Mance
ORDER NO. 862 -2
File Docket: 87 -055 -C
Date Decided: 02/23/95
Date Mailed: 03/10/95
1. Thomas Mance as a member of the North Huntingdon Township
Municipal Authority ( NHTMA) did not violate 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 appoint himself to NHTMA
officer positions and voted to set the salary for those
positions as per the Opinion and Order of Commonwealth Court
in Rebottini et al v. SEC, Pa. Commw. Ct. _ , 634 A.2d 743
(1993) .
2. Mance 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, supra.
BY THE COMMISSION,
06 etiAg
DANEEN E. REESE, CHAIR
Commissioner Austin M. Lee abstained as to the decision of this
matter.