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HomeMy WebLinkAbout372 McCauliffMr. Russell McCauliff Upper Yoder Township °_Supervisor R.D. #5, Box 511 Johnstown, PA 15905 Re: No. 84 -122 -C Dear Mr. McCauliff: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION March 13, 1985 Order No. 372 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 as an Upper Yoder Township Supervisor, you are violating Section 3(a) of the Ethics Act, 65 P.S. 403(a), which prohibits the use of public office or confidential information gained through that office for personal financial gain by using a Township vehicle for personal transportation. 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 a full -time roadmaster with all compensation and fringe benefits to be set by the auditors. Motion carried by a 4 to 0 vote. You abstained from voting. 3. Minutes of the Supervisors' meeting for January 17, 1984 confirms the following: Mr. Russell McCauliff March 13, 1985 Page 2 a. You reported that you talked with the auditors and told them that you preferred no overtime or comp time, you were willing to work at a set salary. You expressed concern on the matter of using the township truck only during the winter months when, in fact, you are on call all the time. b. The other supervisors suggested you talk with the auditors and see if they would eliminate wording "during the winter months." c. Motion made by Cowie, seconded by Williamson that the roadmaster be allowed to'use the township vehicle for transportation due to emergency call outs. (No record of vote). 4. Minutes of the Upper Yoder Township Auditors' meetings confirm the following: a. January 4, 1984 Resolution #6. In part states ... with permission of the Board of Supervisors he should be allowed the use of a Township truck during the winter months for transportation in case of emergencies. b. January 30, 1984 Correspondence to Audrey Atkinson, revised Resolution #6 in part states ... with permission of the Board of Supervisors you should be allowed the use of a Township vehicle for transportation in case of emergencies. 5. You admit that you use a Township truck during normal working hours and on occasion, in your capacity as roadmaster, you drove the Township truck out of Upper Yoder Township to obtain materials or go to the County Courthouse. 6. You were observed operating the Township vehicle in Ebensburg (date unknown) on one occasion. This was during normal working hours for township employees. 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 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 March 13, 1985 Page 3 While you were observed and admit you used the Township truck during normal working hours, there is no evidence that you used the truck for personal reasons. The minutes of the Township Auditors record their approval for your use of the Township vehicle for transportation in case of emergencies. While we did not determine whether the use of the truck met the auditors' criteria "emergencies," that is a question that goes beyond the scope of the Ethics Act. It is sufficient that we found no evidence that you realized personal financial gain. We find no basis for concluding that you violated Section 3(a) of the Ethics Act. C Conclusion: Under these circumstances, we find no violation of the Ethics Act and we will take no further action. Our fi'„e. 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 he made avail °ble 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 -dal 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). EMS /na -BY the Co Herbe Cha'rman ssio . Conner