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HomeMy WebLinkAbout111 ShellenbergerMr. Robert Shellenberger R. D. #2 Manheim, PA 17545 Re: #82 -01 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 2, 1982 No. 111 Dear Mr. Shellenberger: 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 you, a Supervisor of Rapho Township, Lancaster County, used Township equipment and supplies purchased with Township funds on your private property and had Township employees working on your private property. Findings Patch and paving work on your property was done by Brooklawn Paving of Elm, PA; you paid for all costs associ- ated with this project from your own pocket; this is verified by a copy of an invoice from the Brooklawn Paving Company and your cancelled check. There is no evidence that Township employees or supplies were used on your property; Township records were reviewed and confirmed by the Roadmaster. Discussion: You are a "public official" subject to the Ethics Act. The Ethics Act in Section 3(c) requires: Mr. Robert Shellenberger Any person who violates mission proceeding is guilty fined not more than $1000 or one year or both, see 65 P.S. PJS /jc Page -2- April 2, 1982 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 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 con- tract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of 'making of the contract. 65 P.S. 403(c) There were no findings nor indications in our findings which would support any conclusion that you violated the Ethics Act. The work done on your property was properly paid for and was unrelated to your role as a public officer. Conclusion: You did not violate the Ethics Act and the Commission will take no further action on these allegations. 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 Respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Order. the confidentiality of a Com- of a misdemeanor and shall be imprisoned for not more than 409(e). Sincerely, 2 au l J/ Sihith Chairm n