HomeMy WebLinkAbout183 MintzMr. Walter S. Mintz
South Manheim Township
R. D. #1
Schuylkill Haven, PA 17972
Re: #82- 90- C(2 -2)
Dear Mr. Mintz:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
CRDER OF THE COMMISSION
February 28, 1983
Order No. 183
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. The individual allegations, conclusions and findings on which
those conclusions are based are as follows:
I. Allegation: That you, as roadmaster, used township equipment to place and
level dirt on the private property of a township supervisor and that these
actions violate Sections 3(a) or 3(b) of the Ethics Act in that you used your
office or confidential information of that office for personal financial gain
or gave something of value to a public official.
II. Findings:
a
1. You used township equipment and personnel on two occasions to deliver
and level dirt on the property of Joseph Orlando, a township supervisor of
South Manheim Township.
2. It was township policy to deliver dirt as fill to residents adjacent to
the road where work was being performed.
3. You have provided the service for other township supervisors, employees
and citizens in accordance with the standing policy.
4. In this case, there are other residents who live adjacent to the road
where the work was being performed.
Walter S. Mintz
February 28, 1983
Page 2
5. There is no evidence that these other residents were offered the fill.
Some of the residents stated they were not contacted in this case.
6. There is no evidence that you received financial gain or anything of value
for delivering and leveling the dirt on Mr. Orlando's property.
7. There is no evidence that you offered or gave this fill to the supervisor
to influence his vote /official action or judgment.
8. You did not participate in the establishment of the policy concerning the
disposition of fill.
Discussion: The Ethics Act does not infringe on the fundamental authority of
the township. The Act does not and should not restrict the supervisor's or
roadmaster's responsibilities for establishing effective and efficient
operations. However, the Ethics Act does restrict certain activities.
Section 3(a) of the Ethics Act requires that:
No public official or public employee shall use his
public office or any confidential information received
through his holding public office to obtain fianancial
gain other than compensation provided by law for
himself, a member of his immediate family, or a business
with which he is associated. 65 P.S. 403(a)
Assuming without deciding that you are a public employee and subject to
the requirements of Section 3(a), we find no evidence of the use of your
position for financial gain. There was no direct or indirect financial
benefit to you or a member of your immediate family and therefore, you did not
violate Section 3((a).
Section 3(b) of the Ethics Act requires that:
No person shall offer or give to a public official or public
employee or candidate for public office or a member of his
immediate family or a business with which he is associated, and
no public official or public employee or candidate for public
office shall solicit or accept, anything of value, including a
gift, loan, political contribution, reward, or promise of future
employment based on any understanding that the vote, official
action, or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
Walter S. Mintz
February 28, 1983
Page 3
As a "person" you are subject to Section 3(h) of the Ethics Act.
However, we found no evidence that you made an offer or gave a thing of value
to the supervisor based on an understanding that his vote /official action or
judgment would be influenced and therefore, there is no violation of Section
3(b).
Conclusion: Your actions in delivering and leveling fill on the property of a
township supervisor did not violate Sections 3(a) or 3(b) of the Ethics Act.
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 be made available as a public document within 15 days after service
unless you file documentation with the Commission which justifies
reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code
2.38. During this 15 -day period, no one, including the Respondent unless he
waives his right to challenge this Order, 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
By the Commission,
Paul J. mtith
ChairmaTi