HomeMy WebLinkAbout300 WooleverMr. Ernest Woolever
R. D. #1
Moscow, PA 18444
Re: #81 -13 -C
Dear Mr. Woolever:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
April 13, 1984
Order No. 300
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: In your capacity as elected Supervisor of Madison Township, you
approved and /or secured the approval of the Board of Supervisors for a
subdivision which is registered_ in your wife's name.
II. Allegation: In your capacity as elected Supervisor of Madison Township,
you were observed working with the Township grader in the above - referenced
subdivision.
A. Findings:
1. You served as a Supervisor in Madison Township, Lackawanna County, from
January 1, 1977 to December 31, 1983 and are subject to the requirements of
the Ethics Act.
2, On October 23, 1980, you approved development plans for a property owned
by your wife.
a. This was not a regularly scheduled meeting of the Township.
Ernest Wool ever
April 13, 1984
Page 2
b. The Madison Township Planning Commission approved these plans on
October 21, 1980 at a regularly scheduled meeting.
3. On December 17, 1984 a State Ethics Commission investigator testified
before the Lackawanna County Grand Jury and provided information from our
investigative files.
4. The Grand Jury did not find a true bill on the use of the Township
grader.
a. You pleaded no contest" to the charge relating to actions on the
subdivision owned by your wife.
b. On January 5, 1984, Judge Edwin Kosik, Common Pleas Court, Lackawanna
County, sentenced you to three months probation and ordered you to pay court
costs.
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).
The State Ethics Commission refers violations of the Ethics Act to the
Attorney General or District Attorney to decide whether prosecution is
warranted. The incidents we were investigating have already been resolved
through the Grand Jury and court processes.
C. Conclusion: We will take no further action on these allegations because
they have already been considered and resolved through the Grand Jury and
Common Pleas Court processes.
Ernest Woolever
April 13, 1984
Page 3
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,
4%4,1 (4/A
aul J( Smith
Chairman