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HomeMy WebLinkAbout335 HoakMr. Elroy Hoak R. D. #1 New Kensington, PA 15068 Re: No. 83 -76 -C Dear Mr. Hoak: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION August 30, 1984 Order No. 335 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 whit those conclusions are based are as follows: 1. Allegation: That as a Township Supervisor in Allegheny Township you accepted wages or payment for working on Township roads when you, in fact, did not perform said work and that you used your office as Supervisor to obtain such payment thereby violating Section 3(a) of the Ethics Act, 65 P.S. 403(a) A. Findings: 1. You served as an elected Supervisor in Allegheny Township, Westmoreland County, at least from May, 1973 to February, 1981. 2. At the annual re- organization meetings on January 3, 1979, January 7, 1980, and January 5, 1981, you and the other two Supervisors were appointed as Township Roadmasters. a. In 1979 you made the motion to appoint, Supervisor McCutcheon made the second and the vote was unanimous. b. In 1980 you made the motion to appoint, Supervisor Sheetz made the second and the vote was unanimous. Elroy Hoak Page 2 c. In 1981, Supervisor McCutcheon made the motion to appoint, Supervisor Sheetz made the second and the vote was unanimous. August 30, 1984 d. These actions are allowed by the Township Code. 3. Pay rates for your work as Roadmaster wereiixed by the Township Auditors as required by the Township Code. a. At their 1979 organization meeting held on January 4, 1979, the Auditors approved $4.00 per hour for supervisors working for the township. b. At their 1980 organization meeting held on January 8, 1980, the Auditors approved $4.00 per hour for Supervisors working for the Township and $3.10 per hour for Supervisors conducting road inspections. c. For the period ending January 20, 1979, you were paid for eight hours work at $4.00 an hour. d. For the period ending February 17, 1979, you were paid for eight hours work at $4.00 an hour. e. For the period ending March 31, 1979, you were paid for eight hours work at $4.00 an hour. f. For the period ending July 21, 1979, you were paid for eight hours work at $4.00 an hour. g. For the period ending April 26, 1980, you were paid for 12 hours work at $3.10 an hour. h. For the period ending November 22, 1980, you did not submit hcry but the payroll contained a notation "road inspection. no hours turned in," the statement applied to you and the other Supervisors. g. These payroll reports were signed by Milan Martinisko, Roadmaster, and all three Supervisors. 4. There is no evidence that you did not perform the work for which you were paid by these payroll reports. Elroy Hoak Page 3 B. Discussion: Section 3(a) of the Ethics Act states: Secticn 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). You were appointed to the Roadmaster position and your pay was fixed for 1979 and 1980 by the Auditors in accordance with the Township Code. You were paid in accordance with these approvals. We find no evidence that you did not perform the work for which you were paid. We find no violation of Section 3(a) of the Ethics Act. We have also considered these circumstances in light of Section 1 of the Ethics Act and find no appearance of a conflict with the public trust. Conclusion: You did not violate Section 3(a) of the Ethics Act or create the appearance of a conflict of interest with the public trust by being paid by the Township in 1979 and 1980 because the work and pay rates were approved in accordance with the Township Code and you performed the work for which you were paid. 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 Ora r, 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). HBC /jc By the r B. Conner airman August 30, 1984