HomeMy WebLinkAbout393 ShelhamerMr. Robert J. Shelhamer
R.D. #1, Box 31
Drums, PA 18222
Re: 84 -94 -C
Dear Mr. Shelhamer:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
August 5, 1985
Order No. 393
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 Township Supervisor of Butler Township, violated Sections
5(b)(5) and 5(b)(9) of the Ethics Act, 65 P.S. 405(b)(5) and (9), by failing
to properly report financial interest and income from an excavating and a
well - drilling business.
A. Finding:
1. You have served as a supervisor at least since 1979, and are subject to
the Statement of Financial Interests filing requirements of the State Ethics
Act.
2. You are the sole owner of Shelhamer Drilling and Excavating Company in
Drums, Pennsylvania.
3. You are one of the incorporators of H & F Contracting, Incorporated. This
business was incorporated July 16, 1979.
4. Statements of Financial Interests which you filed show the following:
a. Statement dated March 14, 1985:
1. Direct or indirect sources of income:
Drilling of wells, Hazleton area.
Mr. Robert J. Shelhamer August 5, 1985
=Page 2
1. Installation of water systems and service..
Excavations for homes, etc.
2. Office or directorship in any business:
H & F Contracting, Inc., President.
b. Statement. dated March 12, 1984:
1. Direct or indirect source of income.
General public, Hazleton area.
2. Office or directorship of any business:
H & F Contracting, Inc., President.
c. Statement dated February 28, 1983:
1. Direct or indirect source of income.
2. Self employed.
3. Office or directorship in any business:
Hazleton State Hospital, Vice President, Board of Trustees.
H & F General Contracting, Inc., President.
d. Statement dated March 8, 1982:
1. Direct or indirect source of income.
2. Robert J. Shelhamer, self - employed contractor, Drums,
Pennsylvania.
3. H & F Contracting, Inc., Drums, Pennsylvania.
4. Office or directorship in any business:
H & F Contracting, Inc., President.
e. Statement received in Butter Township on June 4, 1981:
1. Direct or indirect source of income.
2. Self- employed, Drums, Pennsylvania.
3. First Eastern Bank, Drums, Pennsylvania.
f. Statement dated March 25, 1980:
1. Direct or indirect source of income.
2. Home Rentals, Drums, Pennsylvania.
Mr. Robert J. Shelhamer August 5, 1985
Page 3
3. Drilling and Excavating, Drums, Pennsylvania.
4. Office or directorship in any business:
H & F Contracting Company, President.
None of the Statements have information listed under "Financial Interests
in any Legal Entity of Business for Profit."
You stated that you believed it was unnecessary to list the Shelhamer
Drilling and Excavating Company under the Financial Interests in any Legal
Entity in Business for Profit section because you had already listed it as a
source of income. In addition, you did not receive earnings from H & F
Contracting, Incorporated, and believed that made it unnecessary to list this
corporation.
B. Discussion:
Section 5. Statement of financial interests.
(b) The statement shall include the following information
for the prior calendar year with regard to the person
required to file the statement and the members of his
immediate family:
(5) The name and address of any person who is the
direct or indirect source of income totalling in
the aggregate of $500 or more. However, this
provision shall not be construed to require the
divulgence of confidential information protected
by statute or existing professional codes of
ethics.
(9) Any financial interest in any legal entity
engaged in business for profit. 65 P.S. 405(b).
You failed to list H & F Contracting, Incorporated and Shelhamer Drilling
and Excavating in the "Financial Interests in any Legal Entity in Business for
Profit" section of the Statement of Financial Interests. You also failed to
list Shelhamer Drilling and Excavating as a source of income of $500 or more
on Statements dated March 12, 1984, February 28, 1983, and June 4, 1981. On
the form dated £larch 25, 1980, you do list drilling and excavating and on the
form dated March 14, 1985, you list drilling of wells, excavating of homes and
installation of water systems and services.
While you violated Sections 5(b)(5) and 5(b)(9) of the Ethics Act, we
find no intent to conceal the information or that you realized financial gain
by not disclosing this information. Under these circumstances, we will take
no further action if you file amendments to each Statement of Financial
Mr. Robert J. Shelhamer
Page 4
Interests within fifteen (15) days of the date of this Order. This amendment
can be accomplished by a letter for each year providing full information for
Sections 5(b)(5) direct or indirect sources of income and 5(b)(9) financial
interests in any legal entity in business for profit. You must report
information in all items even if it appears to be a duplication. For example,
if you received income of $500 or more from Shelhamer Drilling and are sole
owner, it must be listed in both places on the form.
EIIS /sfb
August 5, 1985
C. Conclusion: You violated Sections 5(b)(5) and 5(b)(9) of the Ethics Act
but we find no intent to conceal information or that you realized financial
gain by not filing this information and we will take no further action if you
file amendments as required above within fifteen (15) days of the date of this
Order.
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 this1Yrger, 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).
y th- £ missi
er â–ºert B. Conner
Chairman