HomeMy WebLinkAbout380 PoffenbergerMr. Carl Poffenberger
Jackson Township Engineer
R.D. #1
Halifax, PA 17032
Re: 83- 101 -C, 83 -130 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
May 1, 1985
Order No. 380
Dear Mr. Poffnberger:
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 as Engineer for Jackson Township you are reviewing
subdivision plans on behalf of the Township and recommending approval of same
where you are also acting as the developer or on behalf of the developer and
that this constitutes a conflict of interest under Sections 3(a) and 1 of the
Ethics Act, 65 P.S. 403(a) and 401 respectively.
Findings:
1. You served as Jackson Township Engineer from 1976 to at least 1983 and, as
such, are a public employee subject to the State Ethics Act.
2. You review plans for Jackson Township and make recommendations on those
plans to the supervisors.
3. Volume 3, page 25 of the planbook at Dauphin County shows the following:
a. On March 9, 1982, you filed a preliminary and final subdivision plan
on property you own in Jackson Township.
b. On April 5, 1982, the Dauphin County Planning Commission approved
your plan.
Mr. Carl Poffenberger May 1, 1985
Page 2
c. On April 12, 1982, the Jackson Township Planning Commission approved
your plan.
d. Sometime after that, the Jackson Township Supervisors approved your
plan. There is no date on the plan.
e. There are no Jackson Township minutes available to determine the date
of their approval.
4. There are no Jackson Township minutes available to determine whether you
participated in their decision on your plan.
5. You state that you did not participate in the Supervisors' decision on
your plan.
6. One of the supervisors stated that you did not participate, the others
were not available to give information.
7. You have no official relationship with the Jackson Township Planning
Commission or Dauphin County Planning Commission.
II. 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.
The plan which you submitted was reviewed and approved by the Dauphin
County and Jackson Township Planning Commissions and eventually approved by
the Jackson Township Supervisors. Because you have no official relationship
with the Dauphin County or Jackson Township Planning Commissions, the Ethics
Act would not prohibit you from acting on your behalf before those commissions
and there would be no violation of the Act. However, the Ethics Act would
prohibit your participation in any decision of the Jackson Township
Supervisors relating to your property or any other financial interest of
yours. In this case, we find no evidence that you did participate and,
therefore, no violation of the Ethics Act. However, we are disturbed by the
lack of township records which would have provided firm documentation of these
findings. We urge the Township and you to keep adequate records to assure the
public that their interests are being served.
Mr. Carl Poffenberger May 1, 1985
Page 3
III. Conclusion: We find no violation of Section 3(a) in the Planning
Commission's and Jackson Township Supervisors' approval of subdivision plans
for property you owned in that township. We will take no further action on
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 (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).
By th= C %mmiss
EMS /na
Herb B. Conner
Cha rman