HomeMy WebLinkAbout94 RobertsMr. Donovan Roberts
R. D. # #1
Conneaut Lake, PA 16316
Re: #81 -51 -C
Dear Mr. Roberts:
STATE ETHICS COMMISSION '
308 FINANCE BUILDING "
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
January 5, 1982
No. 94
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 as an elected Supervisor in Sadsbury
Township, you acted in your official capacity to
approve a re- zoning request by Utility Constructors,
Inc., where you have two brothers -in -laws working for
Utility Constructors (Mr. Summers) and have business
connections with Mr. Summers.
Findings /Discussion: As an elected Supervisor, you are
a public official subject to the terms of Act 170, the
Ethics Act.
Section 3(a) of Act 170 prohibits a public official or
public employee from using his or her office or confidential
information gained from that office for personal -
financial gain; Section 3(c) restricts a public official
or public employee from contracting with his or her
governmental body for $500 or more unless it is done
through an open and public process.
On April 8, 1980, you voted in favor of passing Ordinance
No. 136 -A to grant zoning- ordinance changes to Utility
Constructors.
Mr. Donovan Roberts
January 5, 1982
Page -2-
On August 27, 1980, the Common Pleas Court of Crawford
County declared that Ordinance invalid and directed the
Supervisors to resubmit the proposed zoning - amendment
application to the Sadsbury Township Planning & Zoning
Commission so that the Commission would have at least
30 days, but not more than 60 days to conduct an official
investigation and make written recommendations to the
Board. The Board was also ordered to conduct a public
hearing and to incorporate the transcript of the prior
hearing into the testimony of the future hearing.
You are a self - employed- heating and air - conditioning
repairman, and a sub - foreman for National Fuel, Inc.
There is no evidence that you performed any work for
Utility Constructors.
Your brothers -in -law are employed by Associated Con-
tractors and this company sub - contracts with Utility
Constructors.
Conclusion: Your participation in the decision and the
vote on the re- zoning request of Utility Constructors
is not a violation of Act 170 and you may continue to
fully participate in similar actions of the council.
If an action in which you or your immediate family have
an interest comes before the Council, you must abstain
from participating in the actions of Council in those
specific matters.
While Section 3(a) of the Ethics Act prohibits the use
of public office or confidential information from that
office and Section 3(c) prohibits a contract between a
public official or public employee and his or her
governmental body if that contract is for $500 or more,
the relationships and actions above do not conflict
with either of those sections.
The previously cited prohibitions of Sections 3(a) and
3(c) include the spouse and immediate family of the
public official or public employee. Immediate family
as used in Act 170 does not include brothers -in -law.
There is no evidence that you or your immediate family
violated either of these sections.
Mr. Donovan Roberts
January 5, 1982
Page -3-
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 JI Smith
Chairman