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HomeMy WebLinkAbout137 WatsonMr. Barry Watson R. F. D. Lakewood, PA 18439 Re: #81 -82 -C (2 -2) Dear Mr. Watson: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 21, 1982 No. 137 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 a violation of Act 170. are: The individual allegations and findings on which our conclusion is based I. Allegation: That as elected Supervisor in Preston Township you or a business owned by your wife sold shale to the Township. II. Findings 1. You served as an elected Supervisor in the Township of Preston hereinafter, the Township, and as such are a "public official" subject to the Ethics Act. 2. During your tenure as a Supervisor you sold shale to the Township in 1979 and 1980 for a value of $1200 - $1400 in each year and approximately $700 worth of shale in 1981. 3. Shale is a difficult commodity for the Township to obtain and these purchases were not made after bids were solicited in an "open and public" quotation and selection process. 4. As a Supervisor you voted to pay the bills as presented and these occasionally included payment for the Township's purchases of your shale. 5. You no longer sell shale to the Township as of 1982. Mr. Barry Watson July 21, 1982 Page 2 III. Discussion: As a public official your conduct is governed by the Ethics Act. Section 3(c) of the Ethics Act states: 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 diclosure of all proposals considered and contracts awarded. Any contract 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) Thus, any contract between you and the Township in excess of $500.00 should have been executed only after compliance with Section 3(c) of the Ethics Act. The fact that there was no such open and public process here is, however, viewed in the light of two factors: First, the scarcity of vendors of shale; and second, the relative newness of the requirements of the Ethics Act, at least during the periods 1979 -1980. You have also indicated that you are no longer selling shale to the Township. You are advised, however, that should you enter into any contract with the Township valued at $500.00 or more in the future, the requirements of Section 3(c) must be met. IV. Conclusion: Your activity in contracting with the Township violated Section 3(c) of the Ethics Act and should not recur. The Commission will take no further action in this matter. Mr. Barry Watson July 21, 1982 Page 3 Our fil4s 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 available as a public document within 15 days unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this OF er, 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 ) Smith Chair an