HomeMy WebLinkAbout346 DiGerlandoMr. Joseph DiGerlando
1050 -A Keller Road
Wind Gap, PA 18091
Re: 84 -100 -C
Dear Mr. DiGerlando:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
October 15, 1984
Order No. 346
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
these conclusions are based are as follows:
I. Allegation: That as Supervisor in Bushkill Township, you violated Section
3(a) of the Ethics Act by using your public office for personal gain by using
Township vehicles, employees and material to haul material to be used to pave
your private lane or property.
A. Findings:
1. You served as a Township Supervisor in Bushkill Township, hereinafter,
the Township, in and since 1979 and as such are a public official subject to
the Ethics Act.
2. Sometime in October, 1979 you directed that shale, which was the property
of the Township, be delivered to your home or near your home in a Township
truck driven by Township employees.
a. You considered this shale waste material.
b. You admit that the dumping of this shale benefitted you.
3. After this activity was reported and you admitted this to the township
supervisors and it was discussed by them, you paid the Township $50 for the
shale and /or the use of Township personnel and equipment to haul and dump
same.
4. Since this episode and repayment you have not used Township personnel or
equipment for personal purposes nor acquired Township property by use of your
official position as a Supervisor.
B. Discussion: As a public official your conduct must conform to the
requirements of the Ethics Act, including Section 3(a) thereof which states
that:
Mr. Joseph Di Gerla ndo
Page 2
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.
Your acquisition of the shale, as outlined above, constituted a use of
your office for your personal gain. However, by your repayment of the $50
noted above, you have attempted to recompensate and reimburse the Township for
the use of Township employees and equipment involved in the incident. Under
these circumstances -- where you voluntarily admitted this mistake, repaid the
Township this $50, and where the incident in question occurred almost five
years ago -- we are not inclined to look further into this matter or to spend
inordinate effort to discern the reasonableness of the amount of this
repayment. It is sufficient in our estimation that the event occurred and was
rectified and has not and should not recur. Your conduct in the future should
strictly conform to the requirements of the Ethics Act.
C. Conclusion: You violated Section 3(a) of the Ethics Act, but, for the
reasons outlined above, we will take no further action in this matter.
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 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).
SSC /na
By th- •mmis
erbe' B. Conner
Chai