HomeMy WebLinkAbout377 KuhlmanMr. Harold Kuhlman
Supervisor, Jefferson Township
R.D. #6
Somerset, PA 15501
Re: 84 -10 -C
Dear Mr. Kuhlman:
Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
April 18, 1985
Order No. 377
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 follow:
I. Allegation: That you, a Supervisor in Jefferson Township, have violated
Section 3(a) of the Ethics Act, 65 P.S. 403(a), which prohibits a public
official from using his office or confidential information of that 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 by
participating in and voting on a decision to approve the installation of a
septic tank on your own property.
1. As a Jefferson Township Supervisor, you are subject to the provisions of
the State Ethics Act.
2. On September 16, 1983, you made an application for a sewage permit in
accordance with standard practices of the Township.
3. The Sewage Enforcement Officer is responsible for inspecting the sewer
site and deciding whether to issue a permit.
4. Elmer Rhodes, Sewage Enforcement Officer, stated that when supervisors or
other public officials apply for a sewage permit, he calls upon the local
Department of Environmental Resources representative, John Black, to accompany
him to the site to be inspected.
Mr. Harold Kuhlman
Page 2
a. Mr. Black accompanied Mr. Rhodes on the inspection of your property.
b. The site permit was issued for approval by John Black and Mr. Rhodes.
5. There is no evidence that you participated in this decision.
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.
The Sewage Enforcement Officer for your township has established a policy
of having a Department of Environmental Resources Officer accompany him when
an application for a sewage permit involves a public official of the Township.
He followed this practice in inspecting your site and approval was given
without your participation. There is no evidence that you used your office or
confidential information gained through that office before, during or after
the process required to receive a sewage permit and we find no violation of
Section 3(a) of the Ethics Act.
C. Conclusion: You did not violate Section 3(a) of the Ethics Act by
applying for or receiving a sewage permit for a site on your private property
and we will take no further action.
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 thisUrder, 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 '•mmis
Her. •' t Conner
Ch.irman
April 18, 1985