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HomeMy WebLinkAbout246 ObrickiMr. William Obricki South Park Twp. Supervisor 2612 Keats Drive Library, PA 15129 Re: No. 82 -103 -C Dear Mr. Obricki: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 1, 1983 Order No. 246 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. The individual allegations, conclusions, and findings on which those conclusions are based are as follows: I. Allegation: As a Supervisor in South Park Township, during the 1982 election campaign, you distributed literature signed as Vice - Chairman of the Board of Supervisors, using the Township letterhead or its facsimile in envelopes imprinted with the Township emblem and containing the return address of the municipal building to support or endorse a candidate for election in violation of Section 3(a) and 1 of the Ethics Act, 65 P.S. 403(a) and 401. A. Findings: 1. You serve as a Supervisor in South Park Township and as such are a "public official" subject to the Ethics Act. 2.a. During the 1982 general election you supported candidate Ted Jacobs, who was attempting to secure election to a seat in the United States House of Representatives. b. You are also Chairman of the South Park Township Republican Committee. William Obricki Page 2 November 1, 1983 3. Prior to the general election you secured some stationery of South Park Township, hereinafter, the Township. a. You used this stationery to develop a facsimile of the Township's logo and letterhead omitting therefrom the names of the Township Commissioners. b. This facsimile of Township stationery was used to write a letter to Township residents in support of Candidate Jacobs and you signed this letter using your title as Vice - Chairman of the Township Board of Supervisors. c. This letter was mailed in an envelope bearing the Township logo and return address. d. This letter bore the notations: "Not printed at Township expense." and "Paid for by Jacob for Congress Committee." e. This letter (See (b) above) was not printed, stuffed or mailed at Township expense. 4. There is no evidence that you obtained personal financial gain from your support of Candidate Jacobs or the mailing and distribution of the letter referred to above (see No. 3). a. Shortly after the general election in 1982 you secured employment with Boeing International, but there is no evidence that this job was offered or accepted on the understanding that your official conduct would be influenced thereby. b. Candidate Jacobs owns and operates a large engineering firm, but cannot be said to be associated with Boeing International by virtue of any of the evidence acquired during this investigation. 5. Following the general election in 1982, the Township considered and adopted Resoluting No. 26 -82. a. This Resolution was adopted December 13, 1982, by a 2 -1 vote with you voting in the minority. b. This Resolution addressed the question of the propriety of the use of The Township logo and letterhead or facsimile(s) thereof and provided that these items should "be used only for and in connection with written communications which pertain to the official business of the Township as it related to the administration of Township affairs as a Municipality serving the people thereof." William Obricki Page 3 November 1, 1983 B. Discussion: As a Supervisor and a "public official" your conduct must conform to the requirements of the Ethics Act and in particular, you must observe Section 3(a) of the Act which states: No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 403(a). In this situation, however, we find no evidence that you used your public office for personal gain. This conclusion is supported by two facts: (1) the letter you sent, although it was a facsimile of Township stationery, bore disclaimers (See No. 3, d above) thereby reducing the potential that recipients would perceive this as an official communication or endorsement by the Township and (2) the letter was produced, mailed and sent with private funds. We have held that a public official may not use his public office, equipment, facilities, etc. for other than official business. However, where a title or logo are the items at issue, where non - public funds are used for printing, distribution, etc. and particularly where, as here, a disclaimer is used, we have discerned no violation of Section 3(a) or appearance of a conflict with the public trust under Section 1 of the Ethics Act. See Rappaport, No. 126 and Breighner, No. 160 as to the use of office facilities for private purposes; and Williams, No. 76 and Richards, No. 172 as to stationery, disclaimer discussions. C. Conclusion: Under these circumstances we find no violation of Section 3(a) of the Ethics Act and no appearance of a conflict with the public trust under Section 1 of the Ethics Act. 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 be made available as a public document 15 days after service (defined as mailing) unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. 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. William Obricki Page 4 Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). PJS /jc By the Commission, Cha i rma' ith November 1, 1983