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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