HomeMy WebLinkAbout441 ManglavitiMr. John Manglaviti
R.D. #1
Factoryville, PA 18419
Re: No. 84-20-C
. hear Mr. Manglaviti:
A. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
December 6, 1985
Order No. 441
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 Roadmaster in Overfield Township, are violating
Section 3(a) of the Ethics Act, 65 P.S. 403(a), which prohibits a public
official or public employee from using his office for financial gain by
contracting with the township to use your equipment.
1. You served as supervisor in Overfield Township for the past eight years
and are subject to the requirements of the State Ethics Act (Act 170- 1978).
2. By informal agreement with the township, you used your bulldozer for stock
piling road sand.
3. During November and December of 1983 you used your bulldozer to stock pile
sand and had one of your employees working on this project.
a. Township expenditure records for December, 1983 show that check
no. 4041 for $2.40 was made payable to you. This bill was for the
rental of the bulldozer.
h. There's no record or other evidence that a bill was submitted for the
service of your employee on that project or that payment was made.
c. You seconded and voted for the motion to pay all bills including the
$240 payment to you.
4. The township does not own a hulldozer. This equipment is required to
stock pile sand twenty to twenty -five feet high to prevent lumping of the sand
which would restrict its use.
Mr. John Manglaviti
Page 2
R. Discussion:
The State Ethics Act provides as follows:
Section 3. Restricted activities.
(a) No public official or public employee shall use his
puhlic office or any confidential information received
through his holding puhlic 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).
December 6, 1985
You admit you have an informal agreement with the township and received
payment of $240 for the use of your bulldozer during November or December of
1983. In addition, you participated in the township decision to pay your
bill.
There is no evidence that you influenced or otherwise participated in the
township's decision to employ your services for this position.
Additionally, we note that in order to conduct business or contact with
his own governmental body in excess of $500, a open and public process must be
employed. 65 P.S. §,403(c) . Here, however, the amount involved was below that
limit and, therefore, this section of the Act would not apply.
We do note that you voted to pay all bills incurred by the township which
included the bill for your services. There was, however, no evidence that
this bill was specifically presented for your approval.
We thus, conclude that based upon the evidence, you did not violate the
State Ethics Act.
We do, however, feel compelled to point out to you the general purpose
and intent of the State Ethics Act. That intent is set forth in Section 1 of
the Act. 65 P.S. 5401. That Section provides that the financial interests of
public officials and employees neither conflict nor appear to conflict with
the public trust.
In the current situation, the business that you transacted with the
township was not conducted in public and may be perceived as an attempt to
obtain business with the township through your position. You must, as a
public official , he sensitive to puhlic perceptions. We believe that in such
a situation, the Netter practice would be to abstain from participating in any
vote on a matter in which you have a financial interest.
Mr. John Manglaviti
Page 3
C. Conclusion: Under the facts present herein, we find no violation of the
State Ethics Act. As a public official you should be mindful of public
perceptions and act in accordance therewith.
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 this1r�eF, 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 51,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
JJC /s lb
By the ,ommi s
Herb B. Conner
Chairman
December 6, 19R5