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HomeMy WebLinkAbout58 RittenbaughMr. Gerald F. Rittenbaugh Box 192 B, R. D. #1 Douglassville, PA 19518 Dear Mr. Rittenbaugh: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 21, 1981 No. 58 #81 -37 -C (1 -2) On May 5, 1981, you were notified that the State Ethics Commission had received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation into these allegations and finds a violation of the Act. The allegations and findings on which our conclusion is based follow: Allegation: That as an elected Supervisor of Union Township, you did work on Township equipment and that such work was billed to the Township through your wife and that such work was actually performed by Township employees. Conclusion: Section 3(a) of the Ethics Act states: "No public official or public employee shall use his public office or any confi- dential information received through holding his 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." Section 3(c) states: "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. Mr. Gerald F. Rittenbaugh July 21, 1981 Page -2- Any contract made in violation of this subsection shall be voidable by a Court of competent juris- diction if the suit is commenced within 90 days of the making of the contract." During 1980 you submitted eight bills and were paid $1,177.88 by the Township for parts, service and repairs on various Township equipment. The minutes of the Township indicate that bills are submitted as a group for payment and approved by all Township Supervisors. You did not abstain from participating in consideration of or voting on payment of the bills you submitted and payments made to you. While Section 3(c) relates to 'any contract valued at $500 or more,' the Commission has interpreted that this is a cumulative figure. Thus, providing services and subsequently submitting bills and payment of bills in amounts smaller than $500 must be reported on your Financial Disclosure Statement and meet the open and public requirements of Section 3(c) if the annual total is $500 or more. You are ordered to cease and desist accepting these contracts which in total exceed $500 per year without following an open and public provision and are to amend your Financial Interest Statement specifically noting that income from the Township includes these contract payments. The Commission will take no further action in this case if these activities cease and the reporting and contracting requirements of Act 170 are met in the future. All files in this case will remain confidential. However, this Order is final and will become available as a public document within 15 days unless you file a documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings made. Until this 15 -day period has expired, NO ONE, including the Respondent- addressee, may violate the conf3Td ntiality of these proceedings by releasing, discussing or circulating this Order. Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1000. or imprisoned for not more than one year of both, see 65 P.S. 409(e). Sincerely, _ aul mith Chairman PJS/ j c