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HomeMy WebLinkAbout743 SmealIn re: Lester E. Smeal STATE ETHICS COMMISSION 305 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 86 -148 -C : Date Decided: March 29, 1990 : Date Mailed: March 30, 1990 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair G. Sieber Pancoast Dennis C. Harrington James M. Howley The State Ethics Commission received a complaint regarding a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 4O1 et. seq. Written notice, of the specific allegation(s) was served at the commencement of the investigation. A Findings Report was issued and served, upon completion of the investigation, which constituted the Complaint by the Investigation Division. An Answer WAS filed and a hearing was waived. The record is complete. This adjudication of the Commission is hereby issued which sets forth the individual Allegations, Findings of Fact, Discussion, Conclusions of Law and Order. This adjudication is final and will be made available as a public document fifteen days after issuance. However, reconsideration may be requested which will defer public release of this adjudication pending action on the request by the Commission. A request for reconsideration, however, does not affect the finality of this adjudication. A reconsideration request must be received at this Commission within fifteen days of issuance and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code 52.38. 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 unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, confidentiality does not preclude discussing this case with an attorney at law. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year, 65 P.S. 409(e). ADJUDICATION I. Alleaation,: That you, a Graham Township Supervisor, violated the following provisions of the Ethics Act, (Act 170 of 1978), when you voted in favor of permitting Bradford Coal Company to use township roads after you received a contract from said company: 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 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. §403(a). 1. You served as a Graham Township, Clearfield County Pennsylvania Supervisor from 1983 through 1989. 2. You operated a business through which you would haul water to sites in need of such. a. This business was a sole proprietorship. 3. From June, 1982 through July, 1986, you had a business arrangement with Bradford Coal Company, Incorporated, Bigler, Pennsylvania. a. Pursuant to this arrangement, you delivered water Bradford Coal Company, Incorporated. 4. You entered into a written agreement with Bradford Coal Incorporated on October 7, 1985, to deliver water to Egypt, Pennsylvania, in Bradford Township, Clearfield County. You were to receive $20.70 per 1,000 gallons of water delivered. 5. Records of the Bradford Coal Company, Incorporated indicate that payments were made to you by that entity during the years 1982 through 1986. a. Payments were made by checks to the order of Lester E. Smeal, R.D. #1, Box 355, Morrisdale, Pennsylvania, 16858. 6. Payments by Bradford Coal Company, Incorporated, to you during the above noted years were as follows: a. 1982 - $3,036.00. 1983 - $6,186.40. 1984 - $6,186.40. 1985 - $6,642.00. 1986 - $3,812.00. for the Company, Itr. Lester E. Smeal Page 3 7. By way of letter to Bradford Coal Company, you informed Bradford that effective March 1, 1986, you would turn your business with Bradford Coal over to Terence E. Smeal and Carol L. Smeal Moss, due to health reasons. a. Bradford Coal received notice of this change of ownership on July 29, 1986 as it was signed by Clayton Peters. 8. Bradford Coal Company was bringing water into Egypt to supply residential sites that had lost ground water and supplies due to strip mining activities. 9. Minutes of the Graham Township Road District Supervisors' meeting for May 10, 1986 indicate the following: a. Mr. Dale had no statements from anyone about Bradford Coal in opposition to using that section of the road. Mr. Dale proposed they let Bradford Coal use that portion of the road for a period of five (5) years at a wheel weight of 5 cents per ton. Mr. Dale stated that he does not want any coal trucks on the blacktop. Mr. Dale made a motion to approve; seconded by Mr. Smeal. Motion carried. 10. Bradford Coal company Incorporated never hauled coal on township roads. 11. Statements of Financial Interests on file with Graham Township for you indicate as follows: a. Statement date: January 7, 1985. Creditor: County National Bank. All other categories of financial interests: none. b. Statement date: January 6, 1986. All categories of Financial Interests: none. c. Statement date: January 5, 1987. Source of income: SSI. All other categories of Financial Interests: none. d. Statement date: April 20, 1988. All categories of Financial Interests: none. III. Discussion: As a supervisor for Graham Township, Clearfield County Pennsylvania, Lester E. Smeal is a "public official" as that term is defined under the Ethics Law. 65 P.S. S402; 51 Pa. Code S1.1. As such, his conduct is subject to the provisions of that law and the restrictions therein are applicable to him. In re: Lester E. Smeal : File Docket: 86 -148 -C : Date Decided: March 29. 1990 : Date Mailed: March 30, 1990 ORDER No. 743, 1. Lester E. Smeal did not violate Section 3(a) of the Ethics Act when he seconded and voted on a motion to allow Bradford Coal Company to use township roads since there was no financial gain to himself or to a business with which he was associated. 2. A Financial Interests Statement for the calendar year 1983 and amended Financial Interests Statements for the calendar years 1984 through 1987 listing the township as a direct or indirect source of income with Bradford Coal Company, Inc. also listed for the calendar years 1983 through 1986 must be filed within 30 days of the date of this Order. Failure to comply with this paragraph will result in the referral of this matter to the appropriate law enforcement authority. BY THE COMMISSION,