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HomeMy WebLinkAbout136 Kuhlmanare: Mr. Harold Kuhlman RD #6, Box 299 Somerset, PA 15501 Dear Mr. Kuhlman: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 July 21, 1982 ORDER OF COMMISSION No. 136 #81 -27 -C 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 I. Allegation: That Mr. Kuhlman is using or allowing the use of township equipment and supplies for private construction such as driveways. II. Findings: 1. You are a township supervisor of Jefferson Township, Somerset County, and have been a supervisor for the past 24 years. By virtue of this office you are a public official subject to the Ethics Act (Act 170 - 1978). 2. You are also a superintendent of roads for the township and receive $5.25 per hour as superintendent. 3. Until the summer of 1980, you accepted small Christmas favors from the firm which held the heating contract with the township. 4. You have performed work on private properties with township equipment but stopped this practice because of the complaints received from residents of Jefferson Township following two jobs completed in the summer of 1980. In return for this work, you on ocassion, accepted "thanks" from the recipients in the form of minor, inexpensive items. 5. On two of these occasions the township benefited through an agreement that the private owners would provide materials needed by the township or would pay for the use of the equipment. In one case the township received 25 loads of shale; and in another, the private individual paid the township for the work. 6. There were two occasions in which the township was not paid for work performed. On one of these it was your decision to place a few scoops of dirt on a private driveway because it was better to do this than haul the dirt away and dump it. Mr. Harold Kuhlman July 21,1982 Page 2 III. Discussion: Section 3(a) of the Ethics Act prohibits public officials from using their office or confidential information gained from that office for personal financial gain. The personal financial gain you realized by accepting Christmas favors from the hpating contractor was extremely small and you have stopped accepting even these small favors. We see no point in taking further action in these circumstances but must caution you to avoid similar actions in the future. We also find no evidence that your official conduct was influenced by tokens of "thanks" you received as set forth in No. 4 above or otherwise realized financial gain for the work done on private property. However, we must caution you to avoid accepting favors under these circumstances. Where the township supervisors have an agreement with a private individual, you of course can perform the work they authorize. IV. Conclusion: We find no violation of Section 3(a) or (b) of the Ethics Act. However, the acceptance of gifts, even of nominal value, could create an appearance of a conflict with the public trust and you should avoid accepting such items. Our files in this case will remain confidential in accordance with Section 3(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will become available as a public document within 15 days unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent fctual 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 ciculating this Order. Any person who violates the confidentiality of a Commission proceeding is guilty to 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 /rdp Sincerely, Bch, (I' Paul J,'Smith Chairman