HomeMy WebLinkAbout294 HighMr. Richard High
Upper Yoder Township Supervisor
125 Lindberg Avenue
Johnstown, PA 15905
Re: No. 83 -97 -C
Dear Mr. High:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
April 13, 1984
Order No. 294
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:
1. Allegation: That you, as a Supervisor in Upper Yoder Township, use the
township telephone for personal calls and then approve the payment of those
calls and that this is a violation of Section 3(a) of the Ethics Act, 65 P.S.
403(a), because you are using your office and /or confidential information
acquired through that office to realize personal financial gain.
A. Findings:
1. You are a Supervisor of Upper Yoder Township and subject to the Ethics
Act.
2. Telephone services for Upper Yoder Township are provided by the General
Telephone Company.
a. The town receives separate bills for the Township Garage, the Police
Department, and the Township municipal offices. Each of these bills has an
itemized listing of long distance telephone calls.
b. All three of these bills are routine and included as part of the bills
submitted for Supervisors' approval at Township meetings.
c. Supervisors do not normally examine the list of itemized calls.
Richard High
April 13, 1984
Page 2
3. Township telephone records and telephone company records were reviewed and
there is no evidence that you used Township telephone facilities for personal
phone calls.
B. Discussion: Section 3(a) of the Ethics Act states:
Section 3. Restricted Activities.
(a) 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).
A review of Township telephone bills for the period from January, 1982
through July, 1983 shows that you did not make personal telephone calls on
Township equipment or have personal calls paid for with Township funds.
C. Conclusion: You did not violate Section 3(a) of the Ethics Act and we
will take no further action.
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 thisUrder, 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 $1,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
PJS /jc
By the Commission,
aul J.
Chairma