HomeMy WebLinkAbout427 ChylinskiMr. Edward Chylinski
Township Supervisor
Greenfield Township
Wildman Road
North East, PA 16428
Re: 84 -140 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
- November 4, 1985
Order No. 427
Dear Mr. Chylinski:
1
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 as a supervisor in Greenfield Township you violated the
Ethics Act by voting to have the township purchase and haul gravel from your
son -in -law and daughter and that this violates Section 3(a) and 1 of the
Ethics Act, 65 P.S. §403(a) and §401.
A. Findings:
1. You are a Township Supervisor in Greenfield Township, Erie County and, as
an elected official, are subject to the provisions of the Ethics Act.
2. In 1984, Greenfield Township advertised for bids for a minimum of 8,000
tons of bank gravel /aggregates for a period of one year. The bids were to be
submitted on or before March 5, 1984 and opened at approximately 8:00 p.m. of
that date.
3. According to township files, requests for bids were sent to seven
prospective bidders, one of whom was John F. Pfadt. John F. Pfadt is the
husband of Patricia J. Pfadt, nee Patricia J. Chylinski, your daughter. She
is not a minor dependent or a member of your household.
4. There was only one bidder, your son -in -law, John F. Pfadt, whose bid was
$1.00 per cubic yard. (See finding #2)
Mr. Edward Chylinski
,.._Page 2
5. Supervisor J. Luke made a motion to accept the Pfadt bid, you seconded
the motion and voted to accept the Pfadt bid, the motion passing unanimously.
6. These bids were advertised in the Erie Daily Times and the Erie Morning
News on the 14th and 21st of February and the 1st of March, 1984.
7. On July 3, you participated in a motion to award another contract to this
same son -in -law. At that time, Pfadt had hid on a contract for a 12 -yard
tandem dump truck.
a. Results for bids were sent to 12 truckers, 3 returned bid
quotations.
b. John F. Pfadt was low bidder.
c. You voted to award this contract to your son -in -law.
8. The bids were properly advertised in the newspapers and through the mail.
B. Discussion: As a township supervisor, you are a public official as that
term is defined in the State Ethics Act and, therefore, subject to the
requirements thereof. 65 P.S. §401 et. seq., Sowers, 80 -050.
Generally, the Ethics Act provides that:
Section 3. Restricted activities.
November 4, 1985
(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).
Additionally, the definition of one's immediate family is set forth in
the Act as:
Section 2. Definitions.
"Immediate family." A spouse residing in the person's
household and minor dependent children. 65 P.S. 402.
Neither your son -in -law or your daughter are within this definition.
Additionally, there is no evidence that you obtained any financial gain
through your public office other than compensation provided by law.
Mr. Edward Chylinski
"'Page 3
The Ethics Commission is also empowered to address other areas of
, -possible conflict pursuant to Section 3(d). 65 P.S. §403(d). Fritzinger,
80 -008; Yaw, 85 -011. The parameters of the type of activity encompassed by
this provision are generally reviewed in light of the preamble to the Ethics
Act which enunciates the legislative intent of the Act. A public official or
employee, pursuant to this provision, is to ensure that their personal
financial interests present neither a conflict nor the appearance of a
conflict with the public trust. 65 P.S. §401. Such a conflict may exist
where an individual represents one or more adverse interests, Alfano, 80 -007,
where an individual serves in positions that are incompatible or conflicting;
Nelson, 85 -009, or where such an official or employee accepts compensation to
which he is not entitled. Domalakes, 85 -010.
In situations such as the one presented herein, the Commission has
determined that the definitional limitations applicable to Section 3(a) of the
Act are not relevant to questions addressed under the above provision. Leete,
82 -005. As such, the Commission has placed restrictions upon various actions
of public officials and employees when acting upon matters that involve
relatives outside of the previously cited definition. O'Reilly, 83 -012.
Here, however, we believe that because the award of the contract was
accomplished through an open and public process and was awarded to the lowest
bidder, that there was no appearance of a conflict.
C. Conclusion: You did not violate the Ethics Act when you voted as a
township supervisor to award a township contract to your son -in -law, who was
the lowest bidder on such contract.
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.
Any person who violates the confidentiality of a Commission proceeding
is guilty of a misdemeanor and shall he fined not more than $1,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
JJC /sfb
By the Com ission
ert B. Conner
C airman
November 4, 1985