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