HomeMy WebLinkAbout390 PurcellMr. Mark Purcell
9 Mcllrath Drive
Pittsburgh, PA 15229
Re: No. 83 -110 -C
Dear Mr. Purcell:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
August 5, 1985
Order No. 390
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 Commissioner in Ross Township, violated Section
3(a) of the Ethics Act, 65 P.S. 403(a), by using your office for your personal
gain when you voted to improve your property on Mcllrath Drive by having the
Township widen and repave the drive and install sewer lines.
A. Findings:
1. You served as a Ross Township Commissioner in 1983 and continue to do so.
You are serving your second six -year term as a commissioner. As an elected
offical, you are subject to the provisions of the State Ethics Act.
2. You served as chairman of the Township's Public Works Committee in
1983.
3. You resided at 9 Mcllrath Drive, Pittsburgh, Pennsylvania, Ross Township,
in 1983. You continue to maintain that residence.
4. Each year the Ross Township Road Foreman compiles a list of streets that
need improvements and /or paving.
a. This list is submitted to the Board of Commissioners for approval.
b. On occasion, there has been consultation between the road foreman and
the chairman of the Public Works Committee prior to the Board's final
approval of street improvements.
Mr. Mark Purcell
Page 2
August 5, 1985
c. In 1983, the road foreman prepared a list of streets to be paved.
Mcllrath Drive was not included.
5. Mcllrath Drive is a township road.
a. On December 11, 1966 the township accepted the deed for Mcllrath
Drive.
b. That ordinance recorded the width of Mcllrath Drive as 20 feet at one
end and 33.92 feet at the other. The width is 20.20 feet except for
approximately 25 feet at the wide end.
c. You were not a commissioner at this time.
6. Minutes of the July 25, 1983 Ross Township Commissioners' meeting
confirmed the following:
a. Committee Reports, Public Works. You reported that since there was
$175,000 surplus in the budget for roads, each Commissioner was requested to
look over the roads in his /her particular ward and submit additional names for
the list.
b. Commissioner Raida stated it was previously decided that Ray Hale
(Road Foreman) should prepare the list. Raida asked if Hale was making up the
list.
c. You stated no, that you are working on it.
d. Motion Raida, Second Daley, that the street list be set up by the
road foreman. All concurred. You voted.
e. Motion by you, second by Daley and Fodor that the Board reconsider
the former motion. Motion carried by a 5 to 4 vote. You voted with the
majority.
f. Amendment to Raida's motion, motion by Commissioner Connelly,
seconded by Cherpes that each commissioner, who wishes, may submit and
recommend a list of streets to be paved in his ward, subject to the approval
of the road foreman. notion came by a 5 to 4 vote. You voted with the
majority.
g. Raida's original motion called for vote and passed unanimously.
7. The August 8, 1983 township minutes report the following actions and
discussions relating to Mcllrath Drive.
Mr. Mark Purcell
Page 3
August 5, 1985
a. A citizen states that he agrees with paving but it should be done
within the legal right-of-way and not encroach on his property.
b. Commissioner Connelly made a motion that Mcllrath Drive be paved
within the right-of-way as determined by the survey prepared by Tait
Engineering in January, 1983. The motion carried 4 to 3. You voted with the
minority.
•
c. The drive was paved to a width of 15 feet which was in accordance
with the commissioners' decision.
8. You had signed a petition requesting improvement to Mcllrath Drive in
December, 1982.
a. The improvements requested were for paving and widening.
b. Eight persons from three families signed the petition. Two families
resided on Mcllrath Drive and one on Bellevue Road.
9. In addition to your residence at 9 Mcllrath Drive, you own property at the
end of the drive. Excavation has been done on that property but you have no
immediate plans to build.
10. Sewer lines have not been installed for Mcllrath Drive.
a. You support this installation.
b. There have been discussions on the extension of the sewer line.
c. The final decision of the commissioners has been delayed pending
receipt of the final plans for the location of interstate highway I -279.
B. Discussion: As a township commissioner, you are a public official as that
term is defined in the State Ethics Act. 65 P.S. §402. As such, your conduct
must conform to the requirements of the Act. Knox, 81 -009.
The Ethics Act provides, in part, that:
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).
Mr. Mark Purcell August 5, 1985
Page 4
Within this provision, you may not participate in any matter as a public
official that would benefit you personally. tinder the circumstances present
herein, we do not believe that you technically received any financial gain
from the paving of Mcllrath Drive. Therefore, your vote on this issue would
not have violated Section 3(a) of the Ethics Act. This is so especially in
light of the fact that the road had been proclaimed a township road in 1961.
Although we -find that you did not technically violate the Ethics Act, we
must also express our opinion as to the spirit and intent of the Ethics Act as
set forth in Section 1 of the Ethics Act.
That provision indicated that the financial interests of a public
official should neither conflict nor give the appearance of a conflict with
the public trust.
As indicated in the findings of fact, you own a parcel of ground at the
end of Mcllrath Drive. There is a widespread belief as determined during our
investigation that you intend at some point in time to further develop this
property. In fact, said property was recently excavated. Additionally, you
have sponsored a proposal to extend the township sewer lines to this property.
Your support for these matters, and your activity in voting on such matters
may lead to a public perception that you are using your public position to
benefit your personal interest. Section 1 of the Ethics Act mandates that you
assure the public that your personal financial interests do not conflict or
appear to conflict with the public trust. See Hogan, No 361. You should be
mindful of such public perceptions. Cook, No 365.
In this respect, you should not participate in matters where such a
conflict of interest or appearance exists.
Additionally, we suggest that if such a situation should again arise that
it may be advisable to seek the advice or opinion of the Commission prior to
acting.
C. Conclusion: You did not violate Section 3(a) of the Ethics Act under the
foregoing circumstances. As a township commissioner, you are a public
official and your conduct must conform to the Act as set forth above.
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.
Mr. Mark Purcell
Page 5
August 5, 1985
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).
JJC /sfb
the Co mission
erb: t B. Conner
Cha rman