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