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