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HomeMy WebLinkAbout89 BitontiMr. Samuel M. Bitonti 1121 Linn Drive Belle Vernon, PA 15012 Re: #81 -49 -C Dear Mr. Bitonti: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 12, 1981 No. 89 The State Ethics Commission has 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 no violation of Act 170. The individual allegations and findings on which our conclusion is based are: I. Allegation: That your role as a member of the Washington Township Planning Commission and a Committee oEthis Commission working on a new zoning- ordinance map; and, as owner of C & B Industries and a contractor constitutes a conflict of interest. Findings /Discussion: Section 3(a) of Act 170 prohibits a public official or public employee from using his or her office or confidential information gained through that office for personal financial gain; Section 3(c) of the Act prohibits a public official or public employee from contracting with his or her governmental body for a contract exceeding $500 unless there is an open and public process. You are a member of the Washington Township Planning Commission and a Committee of that Commission working on a new zoning- ordinance map. You are not retained nor have you been appointed by the Washington Township Supervisors to serve as the engineer for the Township. However, Clark Industries, Inc., a partnership in which you have a 50% interest, has performed many surveys for Washington Township. Samuel M. Bitonti November 12, 1981 Page -2- You have made presentations to the Washington Township Supervisors requesting zoning changes for lands that C & B Developers, a partnership in which you had an interest. You have made presentations to the Planning Commission on behalf of C & B Developers but in those cases you excused yourself from participation as a Commission member. The Committee of the Planning Commission keeps no minutes and it was not possible to ascertain whether you participated in discussions of that Committee which affected your businesses. Conclusion: While the circumstances present the potential for a conflict of interest, your abstention in partici- pating in decisions before the Planning Commission affecting your personal businesses eliminates that potential conflict. However, there is no public record to give the same result for your Committee activities. You must abstain from participation in any of the decisions or recommendations of the Committee or the Planning Commission when your personal interests are affected. To avoid the appearance of a conflict of interest, your abstentions should be officially're- corded and publicly known. 11. Allegation: That your presence on the Washington Township Planning. Commission constitutes a conflict of interest with your occasional employment as Township Engineer. Findings /Discussion: You have not been appointed as the Washington Township Engineer but a firm in which you have an interest has performed surveys for the Township. In a number of opinions, the Commission has determined that the Township is not the governmental body with which a Planning Commission member is associated; therefore, your working for the Township while being a Planning Commission member is not an inherent conflict. Samuel M. Bitonti November 12, 1981 Page -3- Conclusion: There would be no conflict between your role as Planning Commissioner and contractor with the Township as long as you do not use your Planning Commission Office or confidential information gained through that office in acquiring any work with the Township. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will become avail- able as a public document within 15 days unless you file documentation with the Commission which justifies recon- sideration and /or challenges pertinent factual findings. During this 15 -day period, no one, including the Re- spondent and /or Complainant, may violate this confidentiality 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, Paul J.' Smith Chairman