HomeMy WebLinkAbout340 WrightMr. Bernard Wright
R. D., Box 44
Calvin, PA 16622
Re: No. 83 -81 -C
STATE ETHICS COMMISSION _
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
September 28, 1984
Order No. 340
Dear Mr. Wright:
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:
That you, a Supervisor in Cass Township, Huntingdon County, also
Vice- President of the Huntingdon County Sewerage Committee and a
self - employed building contractor, use your public office and /or confidential
information of that office to get projects approved in which you are
interested as a contractor and that this is a violation of Section 3(a) of the
Ethics Act 65 P.S. 403(a).
A. Findings:
1. You have served as a Cass Township Supervisor, Huntingdon
1965. Your term of office expired at the end of 1983. As an
official, you were subject to the terms and provisions of the
2. You were a Cass Township Representative on the Huntingdon
Administrative Committee (H.C.S.A.C.) and served as President
Committee in 1982 and Vice- President for 1983.
a. You were compensated at the rate of $25.00 per meeting for serving on
the Executive Committee.
b. You resigned from the the Committee on July 21, 1983.
County, since
elected public
Ethics Act.
County Sanitary
of the Executive
Bernard Wright
Page 2
September 28, 1984
3. Records of the H.C.S.A.C. confirm the following:
a. The H.C.S.A.C. was formed in 1979. The Committee was created under
the authority of Act 537 of January 24, 1966, P.L. 1535 - Pennsylvania
Sewage Facilities Act.
b. The H.C.S.A.C. was formed to administer the provisions of Act 537 for
the participating municipalities of Huntingdon County.
c. The H.C.S.A.C. consists of one public official from each
participating borough and township. The public official may be Township
Supervisor, Councilman or Borough Mayor.
d. All municipalities located in Huntingdon County, with the exception
of Wood and Spruce Creek Townships, participate in the H.C.S.A.C.
e. The H.C.S.A.C. main functions are to receive sewage permit
applications on a county -wide basis and issue sewage permits for systems that
are in compliance with Act 537.
4. You are a self - employed carpenter who has specialized in home interior
remodeling. Recently you have undertaken the construction of the framework of
new homes.
a. You have no employees other than yourself.
b. Chester Emery, H.C.S.A.C. Sewage Enforcement Officer, has never been
an employee of yours.
c. You contend that your carpentry work would not require sewage permits
since you do not do work related to the installation of sewage systems and are
not involved in securing permits for these systems.
5. Cass Township has an ordinance requiring sewage permits but that ordinance
has not been enforced because Cass Township has no full -time employees to
handle applications or inspections.
a. The Township relies on the enforcement powers of H.C.S.A.C. Sewage
Enforcement Officer Chester Emery.
6. The Department of Environmental Resources conducted an investigation into
the administration of the Sewage Facilities Act in Cass Township and Cassville
Borough and found the following:
a. A home under construction by Steven Wilson in Cassville Borough was
located on property owned by Glenn Wright, your brother. You were the
contractor. An unpermitted, illegal sewage system was installed. The
Department of Environmental Resources recommended to the H.C.S.A.C. that a
summary action be filed against the home owner, Steven Wilson, and you.
Bernard Wright September 28, 1984
Page 3
b. Summary action was filed against home owner Wilson by Chester Emery
and a hearing was scheduled for December 9, 1983.
c. No action was taken against you.
d. The Department of Environmental Resources did not believe Chester
Emery was negligent in his duties for not being aware of the violations on the
Wilson property.
7. Records of the H.C.S.A.C. confirm that no sewage permits were issued in
your name during the period from January, 1979 through October, 1983. You
admit to working on the following projects.
a. An office constructed by Dr. Theodore Shively. A sewage permit, No.
A2445, was issued to Shively on August 9, 1982. No violations were found
during the Department of Environmental Resources' investigation.
b. The home constructed by Steven Wilson (Finding 6 a and b). No
sewage permit was issued. You deny involvement in the installation of the
sewage system.
8. There is no evidence that you used your office or confidential information
gained through that office for personal gain during these activities.
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).
Even though you would not be responsible for insalling sewerage systems,
it would be to your financial interest to have homes on which you worked
receive sewage permits and to receive them quickly thus allowing construction
to continue. This interest could conflict with your responsibilities as an
official member of the H.C.S.A.C. However, we found no evidence that you used
your office or confidential information gained through that office to have
permits approved and, therefore, find no violation of Section 3(a).
Bernard Wright
Page 4
In addition to Section 3(a), the Commission has a responsibility to
review the circumstances in which you were involved in light of Section 1 of
the Ethics Act which states that the financial interests of a public official
or public employee should present neither a conflict nor the appearance of a
conflict of interest with the public trust. In your official role, you were
responsible for insuring that sewage permitting was done in accordance with
the appropriate law, regulations and ordinances. In your private role, your
interests were best served by having homes on which you work permitted as soon
as possible without consideration for overall sewage conditions or management.
Your resignation from the HC.S.A.C. on July 21, 1983 eliminated questions
which might have created the appearance of a conflict of interest. Under the
present circumstances, we find no appearance of a conflict of interest between
your personal financial interests and the public trust. If you find yourself
in similar circumstances in the future, a public announcement of your private
financial interest in home building and abstention from actions involving or
affecting homes on which you worked or those of competitors would reduce the
possibility that the public would perceive a conflict of interest
between your private and public interests.
C. Conclusion: We find•no violation of Section 3(a) of the Ethics Act and
will take no further action on this allegation. Also, we find that your
activities did not create the appearance of a conflict of interest with your
public trust.
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 , 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
September 28, 1984
By the
Co�mis: .n,
rb t B. C•.n %er
Chairman