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HomeMy WebLinkAbout371 McCauliffMr. Russell McCauliff Upper Yoder Township Supervisor R.D. #5, Box 511 - Johnstown, PA 15905 Re: No. 84 -95 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION March 13, 1985 Order No. 371 Dear Mr. McCauliff: 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: I. Allegation: That you, a roadmaster and Upper Yoder Township Supervisor, violated Section 3(a) of the Ethics Act by having the township pay for a vision and dental insurance plan in which you participate. Findings: 1. You have served as an Upper Yoder Township Supervisor since January, 1984. As an elected official, you are subject to the provisions of the Ethics Act. 2. At the reorganization meeting of the Upper Yoder Township Supervisors held on January 3, 1984, a motion was made by Supervisor Cowie, seconded by Supervisor High that you be made the full -time roadmaster with all compensation and fringe benefits to be set by the auditors. That motion; passed by a 4 to 0 vote. You abstained from voting. 3. Minutes of the Upper Yoder Township Auditors' meetings confirm the following: Mr. Russell McCauliff Page 2 March 13, 1985 a) January 4, 1984 Resolution #6 - Roadmaster shall be paid a salary of $21,000 annually for a minimum of 40 hours work per week, no pay for overtime. He will have two weeks vacation with pay and will be entitled to all benefits accorded all other township employees. b) Revised Resolution #6. The Roadmaster shall be paid a salary of $21,000 annually for a minimum 40 hours work per week, no pay for overtime. He will have two weeks vacation with pay and will be entitled to the following benefits: Hospitalization (Blue Cross and Blue Shield), Life Insurance and the Township Pension Plan. c) March 13, 1984 - Amendment to Resolution #6, addressed to Audrey Atkinson, Secretary- Treasurer. This is to inform that the Roadmaster shall be entitled to Dental & Eye coverage under the same plan as other township employees. 4. Audrey Atkinson, Upper Yoder Township Secretary- Treasurer, subsequently added you to the township 'Blue Cross /Blue Shield hospitalization /medical insurance, Group #05522031 effective January, 1984. a) Atkinson was informed by one of the other township supervisors that the auditors did not specifically approve Dental and Eye coverage for the Roadmaster and was directed to invoice you for the amount of $47 for the Group Dental & Eye coverage paid for you by the township. b. Both you and Atkinson confirm that you repaid the township for the $47. You then told Atkinson to remove you from the Dental & Eye coverage. 5. Following the Auditors Amendent to Resolution #6, dated March 13, 1984, (Related to 3c) you were restored to the Group Dental and Eye Plan. This coverage was paid for by the township. 6. You resigned the position of roadmaster on July 17, 1984, at the regularly scheduled meeting of the Township Supervisors. Benefits were terminated effective July 31, 1984. 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 finaocial 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. Mr. Russell McCauliff Page 3 From January 4, 1984 to March 13, 1984, there were some questions raised by other township supervisors about your eye and dental coverage since the auditors revised Resolution #6 of January 30, 1984 did not specifically state eye and dental coverage. However, upon notification of these concerns you repaid the township $47 and did not receive coverage until the auditors gave specific approval by Amendment to Resolution #6 dated March 13, 1984. In addition, during this period you worked as the Roadmaster and coverage provided to you was under the same plan as other township employees. These conditions, along with auditor approval, meet the requirements of Act 170. C. Conclusion: Under the circumstances, we find no violation of the Ethics Act and will take no further action. II. Allegation: That you violated Section 3(a), 65 P.S. 403(a), of the Ethics Act which prohibits a public official's use of his office or confidential information gained through that office for financial gain by using Township garages including tools and supplies for maintenance of your personal vehicle. Findings: Findings 1 and 2 are incorporated here by reference. 7. ;,pril 20, 1984, Good Friday, was observed as a paid holiday for all Upper Yoder Township employees, including yourself. a) You, however, were completing reports at your office located in the township garage. 8. You admit that on April 20, 1984, you pulled your personal pick -up truck into an empty bay in the township garage and, used a township -owned jack to assist in the changing of the oil of your truck. a. The oil and filter used were purchased by you. b. You estimate this task took only a few minutes to complete. 9. At the meeting of the Upper Yoder Township Supervisors held on May 1, 1984, you acknowledged having your personal vehicle in the township garage. The other supervisors pointed out that only township vehicles are to be in the garage, that includes township -owned equipment, police vehicles and the Sewer Authority truck. No personal vehicles are ever to be put inside the garage. 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. Mr. Russell McCauliff Page 4 B. Discussion: March 13, 1985 While you admit that you changed oil in your truck in township facilities and used the township jack, we find that these actions do not constitute a violation of Section 3(a) of the Ethics Act because there were no costs to the township and you did not realize personal financial gain by your action. C. Conclusion: Under these circumstances, we find no violation of Section 3(a) of the Ethics Act and will take no further action. III. Allegation: That you have a conflict of interest under the Ethics Act by simultaneously serving as Township Supervisor, Sewage Enforcement Officer, and President of McCauliff & Associates, a firm which does business with the Township, and this may be a violation of Section 3(a) 65 P.S. 403(a), or 3(c), 65 P.S. 403(c), of the Ethics Act which respectively prohibit a public official from using his or her office for financial gain or contracting with his or her governmental body for $500 or more unless it is done through an open and public process. Findings: Finding 1 is incorporated here by reference. 10,. You are the proprietor of McCauliff Associates, a firm that specializes in the planning, consultation, construction and maintenance of sewage systems. a) You maintained contracts with 24 municipalities, not including Upper Yoder Township, but by June 15, 1984, you terminated all of these agreements to avoid a potential conflict of interest. 11, You admit that your firm did sewage system work in Upper Yoder Township prior to your election as Township Supervisor but deny that you have done any work for the township since January, 1984. 12. The Upper Yoder Township Secretary- Treasurer, confirms that your firm, McCauliff Associates, has not had any contracts with or performed any work for Upper Yoder Township since January, 1984. 13. You previously worked for your uncle, proprietor of McCauliff Brothers, an excavating firm that has done business with Upper Yoder Township. You severed your association with this firm in 1981. 14. James Kohler is the Sewage Enforcement Officer for Upper Yoder Township. Mr. Russell McCauliff March 13, 1985 Page 5 B. Discussion: 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 gair 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). (c) No public official or public employee or a member of his immediate family or any business in which the person o„ a member of the person's immediate family is a director,, officer, owner or holder of stock exceeding 5% of the equity at fair market value of the business shall enter into any contract valued at $500 or more with a governmental body unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. Any contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of making of the contract. 65 P.S. 403(c). You have sufficient financial interest in McCauliff Associates to be subject to the provisions of Section 3(a) and 3(c). However, there is no evidence that your firm has contracted with the township since you have become supervisor and, therefore, no basis justifying a finding of a violation of the Ethics Act. In addition, you have severed relations with McCauliff Brothers and thus there would be no violation of Section 3(a) of the Ethics Act in any relations between this firm and the township. You have not contracted with the township since you became a supervisor and Section 3(c) applies only to contracts with your own governmental body and, therefore, there is no basis for finding a violation of this Section. You are not the Sewage Enforcement Officer for Upper Yoder Township. There is no evidence that you used your office for confidential information to gain any of the work with the township. There is no evidence that you have had a contract with the township since January, 1984 and thus is no basis for finding a violation of Section 3(a) of the Ethics Act. C. Conclusion: Under these circumstances, we find no violation of Section 3(a) of the Ethics Act and will take no further action. Mr. Russell McCauliff Page 6 March 13, 1985 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 Order, 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). 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