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HomeMy WebLinkAbout295 CowieMr. Donald W. Cowie Upper Yoder Township Supervisor 565 Melander Street Johnstown, PA 15905 Re: No. 83 -96 -C Dear Mr. Cowie: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 13, 1984 Order No. 295 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. Donald Cowie 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 this Order, 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, i Paul J. ith Chairman