HomeMy WebLinkAbout383 GraeberMr. Richard Graeber
R.U. #1
Henryville, Pennsylvania 18332
Re: 82 -111 -C
Dear Mr. Graeber:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE OJMPIISSION
July 2 1985
Order No. 383
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 Zoning and Sewage Enforcement Officer, are also
engaged in private businesses which conflict with your official
responsibilities and that this is a violation of Section 3(a) or 3(b) of the
Ethics Act, 65 P.S. 403(a) and 403(b) respectively.
A. Findings:
1. You serve as a Sewage Enforcement Officer in Pocono and Jackson Townships
and as such are subject to the provisions of the State Ethics Act.
2. You are a distributor for an aerobic system tank company.but your volume
of sales is low because this is an occasional business.
3. You are also a shareholder in Appenzell, a development in Jackson
Township.
4. There are a number of part -time sewage enforcement officers in Pocono
and Jackson Townships.
Mr. Richard Graeber July 2, 1985
Page 2
5. The Department of Environmental Resources evaluated your performance as a
sewage enforcement officer and found that you were adequately administering
the Sewage Facilities Act and that you had not reviewed or inspected projects
in which you had a private interest.
a. They evaluated 19 permit applications in 1980 and 83 in 1981.
b. They found that an alternate sewage enforcement officer had reviewed
and inspected any projects in which you had a private interest.
6. Whenever an action involving the project in which you have a private
interest conies before the Board, you make your private interest known and do
not participate in those decisions.
7. There is no evidence that you used your office or confidential information
for private gain.
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(a).
The Commission has previously ruled that abstention from participating in
actions or decisions which affect the private interests of a public official
or employee is an appropriate action to prevent a conflict under the Ethics
Act. See Reisinger, 82- 146 -C. We have also ruled that the fact that an
individual who is also a public official is not prevented from engaging in
programs which are available to members of the public. See Toohey, 83 -003.
You met these requirements by not participating in decisions affecting
your private interests. The Township's use of alternate sewage enforcement
officers also eliminates conflicts. There is no evidence that you used your
position in any direct or indirect manner to benefit your private interests.
C. Conclusion: We find no violation of Section 3(a) because you abstained
from decisions affectiny your private interests and the township assigns
alternate sewage enforcement officers when they act on matters in which you
have a private interest. These actions prevent conflicts of interests. We
will take no further action.
Mr. Richard Graeber July 2 1985
Page 3
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 riyht to challenge this Urder, 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 Comnissio
Herbert B. Conn
Chairman