HomeMy WebLinkAbout59 GutekunstMr. Donald J. Gutekunst
Box 29A
Douglassville, PA 19518
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Dear Mr. Gutekunst: #81 -38 -C (2 -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 an appearance of a conflict of interest.
The allegations and findings on which our conclusion is
based follows:
Allegations:
1. That you billed the
tarpaulins but this work was
2. That you billed the
repair of a backhoe seat and
$124.00.
Conclusion: Section 3(a) of the Ethics Act states:
"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."
Section 3(c) states:
ORDER OF THE COMMISSION
July 21, 1981
No. 59
Township for repair of two
not done.
Township for $168.00 for the
a new seat would have cost
"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
Mr. Donald J. Gutekunst
July 21, 1981
Page -2-
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 juris-
diction if the suit is commenced within 90 days of
making of the contract."
The two tarpaulins and the backhoe seat were repaired
and you submitted a bill for $203.00 to the Township on
December 26, 1980. You voted for the approval of the pay-
ment of this bill.
While the amount of the contract was less than $500 and
you did not have other contracts with the Township which
totalled $500 or more during 1980, your participation and
voting to approve a bill to your own business creates the
appearance of a conflict and you should abstain from par-
ticipating in proposals /bids or the payment of bills to you,
your immediate family or a business with which you or members
of your immediate family are associated.
The Commission will take no further action in this
matter if you cease and desist this conduct effective immed-
iately.
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 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 confidentiality 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 or both, see 65 P.S. 409(e).
PJS /jc
Sincerely,
au
Chairman
mith