HomeMy WebLinkAbout741 AstolosMr. Charles Astolos
419 Point Street
Saltsburg, PA 15681
Re: 87 -118 -C
Dear Mr. Astolos:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 741
Before: Helena G. Hughes, Chair
Robert W. Brown, Vice Chair
W. Thomas Andrews
G. Sieber Pancoast
Dennis C. Harrington
James M. Howley
Date Decided: February 22, 199Q
Date Mailed: March 6, 1990
The State Ethics Commission received a complaint regarding you
and a possible violation of the State Ethics Act, No. 170 of 1978, 65
P.S. 401 et. seq. You were notified in writing as to the
commencement of the investigation and as to the specific
allegation(s). The investigation has now been completed and a
Findings Report was issued to you which constituted the Complaint by
the Investigation Division of the State Ethics Commission. An Answer
was filed and a hearing was waived. The record is now completed.
This Order of the Commission is hereby issued which sets forth the
individual allegations, findings, discussion and conclusion as
follows:
I. Allegation: That you, a member of the Saltsburg Borough Council,
Westmoreland County, violated the following provisions of the State
Ethics Act (Act 170 of 1978), in that you participated in and approved
purchases for the borough from a business which you own:
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any confidential
information received through his holding public
Mr. Charles Astolos
Page 2
office to obtain financial gain other than
compensation provided by law for himself, a member
of his immediate family, or a business with which
he is associated. 65 P.S. 5403(a).
(c) No public official or public employee or
a member of his immediate family or any business
in which the person or a member of the person's
immediate family is a director, officer, owner or
holder of stock exceeding 5% of the equity at fair
market value of the business 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. Any contract made in violation
of this subsection shall be voidable by a court of
competent jurisdiction if the suit is commenced
within 90 days of making of the contract. 65 P.S.
S403(c).
A. Findinas :
1. You served as a Saltsburg Borough Councilmember.
a. You served in this position from 1984 through 1988.
b. You resigned your position in December, 1988.
c. You also served as Chairman of the Borough Council, Sewer
and Water Committee.
2. You are the President of Saltsburg Supply Company, Incorporated.
a. This Corporation is comprised of your wife, your two
children and yourself.
b. Saltsburg Supply Company, Incorporated was formed in
December of 1987, although it was operated as a partnership
prior to that time.
c. This business is a general supply store dealing primarily in
hardware.
3. Saltsburg Borough purchased supplies from Saltsburg Supply
Company, Incorporated.
Mr. Charles Astolos
Page 3
4. Records of Saltsburg Borough indicate the following payments made
by the Borough to Saltsburg Supply Company during the years 1983
through 1988 regarding the purchase of supplies from that company:
Year Date Check No. Amount
a. 1983
Fund:
Sewage: 1/4/83 410 $ 2.50
3/8/83 425 $ 13.72
4/4/83 429 $ .99
6/7/83 447 $ 26.27
11/9/83 478 $ 2.59
Water: 1/4/83 6987 $ 6.88
2/7/83 7021 $ 7.41
3/8/83 7038 $ 9.09
4/4/83 7055 $ 33.24
6/7/83 7079 $ 25.94
7/12/83 7089 $ 37.08
8/2/83 7102 $ 4.06
9/12/83 7112 $ 57.71
11/9/83 7138 $ 45.19
General: 1/4/83 13634 $107.72
2/7/83 13689 $ 34.25
3/8/83 13725 $ 15.94
4/4/83 13744 $ 39.88
6/7/83 13792 $ 84.90
6/15/83 13822 $ 43.87
7/12/83 13846 $177.80
8/2/83 13871 $ 65.14
9/12/83 13904 $ 70.32
11/09/83 13942 $ 40.88
12/6/83 13991 $125.90
1/4/84 13999 $ 32.11
b. 1984:
Sewage: 2/6/84 493
3/5/84 504
1983 Total: $1,111.38
$ 90.38
$197.29
Mr. Charles Astolos
Page 4
Year
Water:
c. 1985:
Date,
4/2/84
5/7/84
6/4/84
7/2/84
8/6/84
9/10/84
10/1/84
11/7/84
12/3/84
12/31/84
3/5/84
4/2/84
5/7/84
6/4/84
7/2/84
8/6/84
9/10/84
11/7/84
12/3/84
General: 2/6/84
3/5/84
4/2/84
5/7/84
6/4/84
7/2/84
8/6/84
9/10/84
10/1/84
11/7/84
12/3/84
12/31/84
Check No.
514
521
535
544
550
571
581
593
603
612
1984 Total:
7190
7209
7218
7245
7250
7262
7287
7317
7328
14045
14064
14093
14114
14153
14173
14224
14249
14265
14310
14326
14361
Sewer: 2/4/85 622
3/4/85 634
4/1/85 643
5/6/85 663
6/3/85 672
7/1/85 679
8/5/85 691
9/9/85 704
10/7/85 720
Amount
$ 80.87
$210.57
$ 57.03
$ 13.27
$ 8.46
$ 4.47
$ 10.33
$ 34.76
$114.74
$ 36.42
$1,764.83
$ 44.26
$ 41.40
$ 3.51
$ 8.15
$ 43.08
$162.65
$ 33.34
$ 22.91
$ 4.73
$ 40.03
$ 2.83
$ 10.57
$ 17.17
$114.78
$ 57.42
$ 44.58
$ 56.62
$ 12.45
$ 57.05
$102.30
$ 26.41
$199.03
$202.88
$ 70.15
$ 19.73
$ 6.97
$ 4.29
$ 4.14
$ 77.80
$ 4.61
Mr. Charles Aatolos
Page 5
Tear
d. 1986:
Date
12/2/85
Water: 2/4/85
3/4/85
4/1/85
5/6/85
6/3/85
7/1/85
8/5/85
10/07/85
11/4/85
12/2/85
12/31/85
General: 2/4/85
3/4/85
4/1/85
5/6/85
6/3/85
7/1/85
8/5/85
8/5/85
9/9/85
10/7/85
11/4/85
12/2/85
12/31/85
Sewage: 2/3/86
3/3/86
4/7/86
6/2/86
7/7/86
8/4/86
9/8/86
10/6/86
11/3/86
12/1/86
12/31/86
Water: 1/6/86
2/3/86
4/7/86
5/5/86
check No.
736
7345
7367
7377
7395
7408
7419
7424
7465
7474
7487
14401
14429
14442
14496
14523
145552
14561
14576
14612
14639
14670
14700
14722
1985 Total:
753
761
766
788
800
810
820
829
837
845
862
7501
7512
7531
7549
Amount
$ 2.58
$ 6.00
$ 4.37
$ 34.47
$ 5.59
$ 1.19
$ 96.49
$ 51.48
$ 71.74
$ 3.26
$ 3.57
$ 12.13
$ 3.52
$ 14.69
$ 23.90
$ 34.03
$ 88.51
$ 5.38
$ 80.44
$ 1.29
$132.33
$ 36.17
$ 12.08
$124.49
$ 68.31
$1,507.61
$ 45.42
$ 20.86
$ 3.48
$ 4.07
$ 17.53
$ 31.85
$ 66.94
$ 14.58
$109.24
$ 13.64
$144.06
$ 6.50
$ 35.69
$ 4.86
$ 57.94
Mr. Charles Astolos
Page 6
Year
e. 1987:
Date
6/2/86
7/7/86
8/4/86
9/8/86
10/6/86
11/3/86
12/1/86
General: 3/3/86
4/7/86
5/5/86
6/2/86
7/7/86
8/4/86
9/8/86
10/6/86
11/3/86
12/1/86
12/31/86
Sewage: 2/2/87
3/2/87
4/6/87
5/4/87.
6/1/87
7/6/87
8/3/87
9/15/87
10/5/87
11/2/87
12/7/87
Water: 2/2/87
3/2/87
4/6/87
5/4/87
6/1/87
7/6/87
8/3/87
9/15/87
10/5/87
11/2/87
12/7/87
Check No. Amount
7562 $ 13.03
7574 $ 8.77
7592 $108.35
7611 $ 46.68
7623 $ 16.82
7635 $ 36.31
7643 $ 11.28
14777 $ 16.85
14807 $ 13.40
14838 $ 5.46
14864 $ 56.41
14884 $ 20.13
14928 $ 59.47
14957 $ 34.62
14982 $ 73.28
14998 $ 15.42
15017 $ 75.51
15062 $102.42
1986 Total:
877
885
901
908
920
934
945
954
964
969
901
7669
7680
7698
7711
7728
7744
7763
7778
7794
7798
7816
$1,290.87
$ 22.00
$ 75.53
$ 45.41
$ 23.83
$ 37.80
$237.27
$ 49.59
$ 72.60
$141.64
$ 54.13
$138.15
$ 27.04
$ 65.29
$ 28.86
$ 27.70
$ 55.86
$ 10.33
$ 12.04
$ 13.23
$ 60.86
$146.32
$178.19
Mr. Charles Astolos
Page 7
Tear
General:
Streets:
f. 1988:
General:
Date
12/31/87
2/2/87
3/2/87
4/6/87
5/4/87
6/1/87
6/1/87
7/6/87
8/3/87
9/15/87
10/5/87
11/2/87
12/7/87
12/31/87
4/6/87
Sewage: 2/1/88
3/7/88
4/4/88
5/3/88
6/7/88
7/12/88
9/13/88
10/4/88
11/9/88
12/6/88
Water: 2/1/88
4/4/88
5/3/88
6/7/88
7/12/88
8/2/88
9/6/88
10/4/88
11/9/88
12/6/88
2/1/88
3/7/88
4/4/88
Check No.
7826
15097
15124
1538
15163
15190
15192
15230
15256
15292
15321
15342
15366
15376
166
1987 Total:
1001
1016
1020
1035
1040
1048
1062
1066
1080
1087
7846
7872
7889
7897
7912
7920
7941
7956
7980
7989
15423
15443
15460
Amount
$ 18.57
$ 41.99
$ 72.49
$ 81.82
$ 22.79
$ 14.67
$ 21.41
$101.79
$ 75.71
$ 10.37
$ 35.84
$ 15.88
$ 62.99
$ 27.23
$ 8.43
$2,135.65
$101.21
$ 15.85
$ 21.95
$ 7.83
$ 5.94
$ 2.48
$ 71.71
$129.72
$ 14.87
$ 77.37
$ 26.15
$ 36.36
$ 53.51
$ 12.52
$ 68.45
$ 7.23
$172.88
$ 52.84
$ 77.67
$ 50.54
$ 81.12
$ 26.95
$ 3.69
Mr. Charles Astolos
Page 8
Year Date Check No. Amount
5/3/88 15488 $ 2.57
6/7/88 15503 $ 14.07
7/12/88 15535 $ 39.95
8/2/88 15557 $ 39.52
9/13/88 15577 $ 36.13
10/4/88 15597 $ 50.24
11/9/88 15640 $ 47.02
12/6/88 15658 $ 56.58
1988 total: $1,404.92
5. Total expenditures made by Saltsburg Borough regarding purchases
from Saltsburg Supply Company, Incorporated were as follows:
Year Amount
1983 $1,111.38
1984 $1,764.83
1985 $1,507.61
1986 $1,290.87
1987 $2,135.65
1988 $1,404.92
Total: $9,215.26
6. Minutes of the meetings of the Saltsburg Borough Council indicate
the following information in relation to the instant situation:
a. January 3, 1984 - Charles Astolos began serving on
council.
b. February 6, 1984 - Committees were appointed. Astolos
was appointed chairman of the Water /Sewage Committee
and a member of the Finance Committee.
Water /Sewage Committee reported on repairing fire
hydrants, finding Keystone paint /water leak, sealing
water meters and fixing frozen water line at the
borough office.
Present: Kelly, Stramaski, Wagner, Astolos, Brown and
Jahenta.
Mr. Charles Astolos
Page 9
Absents Clawson.
c. January 6, 1986 - President Kelly read the resignation
of Harry Brown as councilman. Motion by Astolos to
appoint John Johnson to fill one vacancy on council,
seconded by Stramaski. Motion carried.
President Kelly partially set up committees as
follows: Water /sewage - Astolos, chairman and Wagner.
Water /Sewage Committee reported on replacing fire
hydrant and read water meters and tearing down and
rebuilding raw sewage pump.
Present: Kelly, Wagner, Stramaski, Clawson, Astolos.
d. February 3, 1986 - Addition to committees:
Water /sewage - Clawson. Finance - Kelly, Chairman and
Astolos. Housing Code - Johnson, Chairman and Wagner
and Astolos.
Water /Sewage Committee reported on changing meters and
serving pump and air blower. Letter sent to L.M.C. to
finalize payment. Present: Kelly, Wagner, Astolos,
Clawson, Stramaski, Johnson.
e. September 12, 1988 - In closing business, Astolos
informed council that the approved budget of $1,000
allotted to Saltsburg Supply was almost at the limit.
Council approved $500 for the remainder of the year on
a motion by McDivitt, seconded by Corradini. (No
abstentions or no votes recorded).
Bills: Borough account, $36.14 - Saltsburg Supply.
Water Account, $172.88 Saltsburg Supply, sewage
account, $71.71, Saltsburg Supply.
Present: Kelly, Astolos, Corradini, Cribbs, McDivitt,
Wagner.
f. October 3, 1988 - In other business, Mayor Closson
stated that he had received a letter of resignation
from Chief Lowers.
Bills: Borough account - $50.24, Saltsburg Supply.
Water account - $52.84, Saltsburg Supply. Sewer
account - $129.72, Saltsburg Supply.
Mr. Charles Astolos
Page 10
December 5, 1988 - Kelly read a letter of resignation
from Charles J. Astolos resigning his position as
council. Motion to accept Astolos' resignation with
deep regret was made by McDivitt, seconded by Wagner.
Motion carried. A discussion followed on a possible
replacement to fill the unexpired term of one year.
Astolos made a motion that council appoint F. Daniel
McGregor, seconded by Wagner, motion carried.
h. Bills: Borough account - $4.96 and $51.62, Saltsburg
Supply. Water Account - $31.56, $6.98, $12.00,
Saltsburg Supply. Sewer Account - $53.48, $23.89,
Saltsburg Supply.
Present: Kelly, Astolos, Corradini, Cribbs, Dice,
McDivitt, Wagner.
7. Robert McKnight provided the following information in relation to
the instant situation:
a. He has been employed by Saltsburg Borough for eleven years.
He was in charge of a number of areas of borough operations
in his capacity as superintendent.
b. These duties included everything regarding water, streets,
and sewer operations.
c. He was responsible to the Chairman of the Streets Committee,
Water and Sewer Committees, and the President of Borough
Council.
d. The Chairman of the Water and Sewer Committees was Charles
Astolos. He was in this position for approximately four
years.
e. Mr. Astolos performed many duties for the borough while he
was on council.
f. Prior to the opening of Saltsburg Supply Company, there was
another hardware store in the borough, J. C. Moore. At that
time, the borough did most of its business with this entity.
After this store was destroyed by a fire, the borough began
dealing with Saltsburg Supply Company.
g.
g.
Present: Kelly, Astolos, Corradini, Cribbs, Dice,
McDivitt, and Wagner.
MX. Charles Astolos
Page 11
h. McKnight completes most of the purchasing for the Water,
Street and Sewer Departments.
i. •In making such purchases, he considers utilization of
borough vehicles (the wear and tear on such vehicles), and
the cost of the items purchased.
Saltsburg Supply Company is competitive on some items and
is higher on other items.
k. Some purchases are made from Wilson's True Value Hardware
store which is approximately three miles outside of the
borough. McKnight was never told by Astolos that he had to
purchase supplies from Saltsburg Supply Company. He was
told to shop around for the best price.
1
1. Saltsburg Supply Company has a better stock of materials
than Wilson's.
m. Saltsburg Supply Company did not provide a discount to the
borough.
n. When he initially started to serve on council, Astolos would
sign purchase orders regarding materials supplied by
Saltsburg Supply Company. Sometime thereafter, this
practice stopped.
8. You provided the following information in relation to the instant
situation:
a. You served as a Saltsburg Borough Councilmember from 1984
through 1988.
b. You were originally appointed to fill a vacancy and were,
thereafter, elected to the position.
c. You were Chairman of the Borough Sewer and Water Committee.
d. You resigned your position with Borough Council in
December, 1988.
e. You resigned because there was no compensation attached to
the position and there were too many demands on your
personal life. Your resignation is also attributable to
your wife's illness, your lack of time to continue on
council and lost revenues at your store because of council
business.
f. You are the President of Saltsburg Supply Company,
Incorporated. It is a general hardware business. This
Mr. Charles Astolos
Page 12
The business was originally a partnership between your wife
and yourself. This operation was originally opened in
February, 1982.
h. The closest competitor is Wilson's True Value Hardware store
which carries comparable merchandise and is about four miles
outside of town.
g.
i. Generally, purchase orders require two signatures: yours as
Chairman of the Water and Sewer Committee and the President
of Borough Council.
Your store does not give discounts to municipal clients.
The borough began purchasing from your store as soon as it
was opened and prior to your term on borough council. There
was no formal or informal agreement between the borough and
your company.
Corporation consists of your wife, yourself and your two
children.
k. Previous to the opening of your store, there was another
hardware store which burned down.
1. No questions were ever raised regarding your ownership of
the hardware business and your service on the borough Sewer
and Water Committees. You assumed that you were serving on
this committee in light of your knowledge as a machinist,
electrician and plumber.
m. You never directed the Superintendent of Public Works,
Robert McKnight, to purchase items from your store.
McKnight was free to purchase supplies from wherever he
wanted.
n. During your first years in service on council, you did vote
on the payment of monthly bills. More recently, you have
abstained.
o. You did not vocally abstain from
said nothing when the votes were
not reflect votes, only that the
p. It never occurred to you to have
minutes.
these votes, you merely
taken. Borough minutes do
motion. carried.
abstentions recorded in the
q. Borough council imposed a $1,000 limit on purchases of
supplies from your company. This was done because of your
ownership in the store.
Mr. Charles Astolos
Page 13
r. In September of 1988, when a vote to increase the budget
allotted to Saltsburg Supply was taken, you did not vocally
abstain, you just did not say anything on the vote.
II. Allegation: That you, a Councilman for Saltsburg Borough,
Indiana County, violated the following provisions of the Ethics Act
(Act 170 of 1978), when you failed to file a Statement of Financial
Interests for the 1985 calendar year by the May 1, 1986 deadline:
Section 4. Statement of financial interests
required to be filed.
(a) Each public employee employed by the
Commonwealth shall file a statement of financial
interests for the preceding calendar year with the
department, agency or bureau in which he is
employed no later than May 1, of each year that he
holds such a position and of the year after he
leaves such a position. Any other public employee
shall file a statement of financial interests with
the governing authority of the political
subdivision by which he is employed no later than
May 1 of each year that he holds such a position
and of the year after he leaves such a position.
65 P.S. §404(a).
(b) Each candidate for public office shall
file a statement of financial interests for the
preceding calendar year with the Commission prior
to filing a petition to appear on the ballot for
election as a public official. A petition to
appear on the ballot shall not be accepted by an
election official unless the petition includes an
affidavit that the candidate has filed the
required statement of financial interests with the
commission. 65 P.S. 9404(b).
9. Findings 1 -9 are in incorporated herein by reference.
10. Statements of Financial Interests on file for you with Saltsburg
Borough indicate the following information:
a. Filing date: 8/4/79.
Source of Income: Allegheny Ludlum Steel Corporation.
Office, directorship or employment in any business:
residential rentals, co- owner.
Financial Interests in any legal entity in business for
profit: co -owner with spouse in residential rental units.
Creditors: First National Bank of Avonmore, 8 %; Savings and
Mr. Charles Astolos
Page 14
Trust Company, 9 3/4 %; National Bank of the Commonwealth,
10.46 %. Chrysler. Credit Corporation, 10.25 %.
All other financial interest categories: none.
b. Filing date: 7/8/81.
Source of Income: Allegheny Ludlum Steel Corporation.
Office or Directorship: Residential rentals, co- owner.
Financial interest in any legal entity in business for
profit: co -owner with spouse in residential rental units.
Creditors: Savings and Trust Company, 9 3/4 %; National
Bank of the Commonwealth 10.46 %.
c. Filing date: 4/12/84 for the year 1983.
Source of Income: Residential rentals and Saltsburg Supply
Company.
Office or directorship: Saltsburg Supply Company - owner.
Financial interest in any legal entity in business for
profit: Saltsburg Supply Company.
Creditors: Savings and Trust Company, 14.5 %; Savings and
Trust Company, 17.55 %, Savings and Trust Company 13.25 %.
All other financial interests categories: none.
d. Filing date: 3/11/85 for the year (left blank).
Source of Income: Rental properties, Saltsburg Supply
Company.
Office or directorship in any business: none.
Financial Interests in any legal entity in business for
profit: 14.5 %, Savings and Trust Company, 13.25 %, Savings
and Trust Company, 10.5 %.
All other financial interests categories: none.
e. Filing date: March 18, 1986 for the year 1985.
Source of Income: Saltsburg Supply Company and rental
properties.
Office or Directorship or employment in any business:
none.
Financial interests in any legal entity in business for
profit: Saltsburg Supply Company - owner.
Creditors: Savings and Trust Company of Pennsylvania,
14.5 %, Savings and Trust Company of Pennsylvania, 13.25 %;
Savings and Trust Company of Pennsylvania, 9.75 %.
All other financial interest categories: none.*
f. Filing date: April 20, 1987 for the year 1986.
Source of Income: Rental properties and Saltsburg Supply
Company.
Financial interest in legal entity in business for profit:
Saltsburg Supply Company - co- owner.
Mr. Charles Astoloa
Page 15
g.
Creditors: Savings and Trust Company of Pennsylvania,
14.5 %, Savings and Trust Company of Pennsylvania, 13.25 %.
Savings and Trust Company of Pennsylvania, 8.5 %.
All other financial interest categories: none.
Filing date: April 19, 1988 for the year 1987.
Source of Income: Saltsburg Supply Company Incorporated and
rental properties.
Office or directorship or employment in any business:
Saltsburg Supply Company, Incorporated, President.
Financial interests in any legal entity in any business for
profit: Saltsburg Supply Company Incorporated.
Creditors: Savings and Trust Company of Pennsylvania,
14.5 %, Savings and Trust Company of Pennsylvania, 13.25 %.
All other financial interest categories: none.
11. The filings for 1986 through 1988 were completed on forms SEC -1:
Rev. 1/87 (Finding 10 e-g).
a. State Ethics Commission filing form SEC -1 Rev. 1/87 was not
printed until December, 1986.
b. Form SEC -1 Rev. 1/87 was forwarded by the State Ethics
Commission to municipal governmental entries in January,
1987.
c. The form used for your filing noted in 10 (e) above was not
available on the date that it was allegedly filed in that
said form had not yet been printed.
d. You initially denied the above but then added that
you do not remember how or why such a document
would have been endorsed by you and you have no
explanation for this matter.
12. You provided the following information in relation to this
situations
a. You believed that you filed Statements of Financial
Interests in every year that you served. You acknowledged
that the statement dated March 18, 1986 was in fact by
you and contained your signature.
b. You believe that you filed this form on or about the date
that it was signed. You do not recall any specific factors
regarding filing of this statement.
B. Discussion:
Mr. Charles Astolos
Page 16
As the councilman for Saltsburgh Borough, you were a public
official as that term is defined under the Ethics Act and Regulations
of this Commission. 65 P.S. $402; 51 Pa. Code 1.1. As such, you are
subject to the provisions of the Ethics Act and the restrictions
therein are applicable to you.
/�nitiaily, it is noted that Section 5 of Act 9 of June 26, 1989
provides, in part, as follows:
"This amendatory act shall not apply to
violations committed prior to the effective date
of this act, and causes of action initiated for
such violations shall be governed by the prior
law, which is continued in effect for that purpose
as if this act were not in force. For the
purposes of this section, a violation was
committed prior to the effective date of this act
if any elements of the violation occurred prior
thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the provisions
of Act 170 of October 4, 1978, P.L. 883 to determine whether the
Ethics Act was violated.
Under Section 3(a) quoted above, this Commission has determined
that use of office by a public official to obtain a financial gain for
himself or a member of his immediate family or a business with which
he is associated which is not provided for in law transgresses the
above provision of law. Thus, use of office by a public official to
obtain a financial gain which is not authorized as part of his
compensation is prohibited by Section 3(a): Hoak /McCutcheon, Orders
No. 128, 129, affirmed McCutcheon V. State Ethics Commission, 77 Pa.
Commw. Ct. 529, - A.2d (1983); Yacobet, Order No. 412 -R, affirmed
Yacobet v. State Ethics Commission, 109 Pa. Commw. Ct. 432, 531 A.2d
536 (1987). Similarly, Section 3(a) of the Ethics Act would prohibit
a public official /employee from using public office to advance his own
interest; Koslow, Order 458 -R, affirmed Koslow v. State Ethics
Commission, Pa. Commw. Ct. , 540 A.2d 1374 (1988). Likewise, a
public official /employee may not use the status or position of public
office for his own personal advantage; Huff, Opinion 84 -015.
Additionally under section 3(c) of the Ethics Act quoted above,
this provision of law provides, in part, that no public official shall
enter into a contract valued at $500 or more with this governmental
body unless the contract was awarded through an open and public
process.
In the instant matter, you served on Saltsburg Borough Council
between 1984 and 1988. During that period of time, Saltsburg Supply
Mr. Charles Astolos
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The files in this case will remain confidential in accordance
with Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen
day period and no one, including yourself, unless the right to
challenge this Order is waived, may violate confidentiality by
releasing, discussing or circulating this Order. However,
confidentiality does not preclude you from discussing this case with
your attorney at law.
Any person who violates confidentiality of a Commission
proceeding is guilty of a misdemeanor and shall be fined not more
than $1,000 or imprisoned for not more than one year or both, 65 P.S.
409(e).
By t - Commissio
elena G. Hughes
Chair
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