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HomeMy WebLinkAbout90 HoculockMr. Frederick M. Hoculock. R. D. #5, Box 279 Apollo, PA 15613 Re: #81 -78 -C Dear Mr. Hoculock: Mailing Address STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 ORDER OF THE COMMISSION November 12, 1981 No. 90 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 actions and finds a violation of of Act 170. I. Allegation: That as a Supervisor in Allegheny Township, you failed to report income exceeding $500 from the sale of real estate on your Financial Interest Statement. Findings /Discussion: That you did receive a payment of $7,150 on September 30, 1980 and this source of income was not reported on your Financial Interest Statement. Conclusion: Within 30 days you are to amend your Financial Interest Statement to show the source of income for the $7150. The individual need not be named if this was income from your Real Estate or Land Develop- ment business. You can list that business as the source. You must also list this business on Lines 18 and 19. This revised Statement should be filed with the State Ethics Commission and Allegheny Township. II. Allegation: That you are engaged in selling real estate in Allegheny Township and have a subdivision in the Township. Findings /Discussion: Section 3(a) of the Act prohibits a public official or public employee from using his or her office for personal financial gain other than legal compensation. Frederick M. Hoculock November 12, 1981 Page -2- PJS /jc You are engaged in selling real estate in Allegheny Township and have a subdivision in that Township. However, there is no inherent violation in these circum- stances. That there are current negotiations between you and Allegheny Township. Your Financial Interest Statement did not show that you were in the real estate business. Conclusion: There is no inherent conflict in a developer also being a Township Supervisor. However, that person cannot participate as a Supervisor in any action which affects their real estate or any other business. You must abstain from participating in any Township action affecting your business or businesses. 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). Sincerely, - Paul J.-'Smith Chairman