HomeMy WebLinkAbout442 MeadMr. Donald Mead
R.D. #1
Moscow, PA 18444
Re: 84 -047 -C
Dear Mr. Mead:
1984.
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Decemher 6, 1985
Order No. 442
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 197R. 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 Madison Township, you acted in that
capacity to authorize payment by the township of $682.48 to Mead's Auto
Service, a husiness you own and operate, which payment was related to the
purchase of road equipment and that this action violated Section 3(a) of the
Ethics Act, 65 P.S. 403(a) insofar as you used your public office to secure
financial gain for this husiness with which you are associated.
A. Findings:
1. You have served as a Madison Township Supervisor since January of 1922
and, as such, are suhject to the provisions of the State Ethics Act.
2. You were also co -owner of Mead's Auto Service, R.D. #1, Moscow,
Pennsylvania.
3. At the Fehruary 6, 1924 township supervisors' meeting, hills were
presented to the Supervisors for payment.
a. One of these was a hill from Mead's Auto Service (your husiness) for
$622.48,
h. Fly a mntior, by Supervisor Wheeler, seconded by you, all hills except
those for "Joseph Dickey Jan. Comm." and "Keystone payment" were approved.
You voted to approve the payments.
c. You received payment by township check No. 4524 dated Fehruary 6,
d. There was no other discussion of the payments of these hills.
Mr. Donald Mead
Page 2
c. You submitted a bill from Lords Valley Towing (the junkyard)
evidencing your purchase of a Transfer Case at a cost of $650.00.
December 6, 1985
4. The Supervisors did not authorize the purchases which made up this bill.
You admit that you made this decision on your own.
a. You stated that a Transfer Case was needed in January of 1984 for a
township truck and you purchased the necessary parts.
b. You state that this was an emergency and that you purchased the
Transfer Case from a junkyard, paid cash for it and repaired the truck at
your garage.
d. You submitted bills to us from Penn Auto Service and Supply Company
for the Transfer Case seals costing $12.84.
5. There was no open and public process for the purchase of these parts or
the repair of the truck.
6. You state that you did not realize financial gain from this transaction.
B. Discussion: As a Township Supervisor, you are a public official as that
term is defined in the State Ethics Act. Sowers, 80 -050. As such, your
conduct must conform to the requirements thereof 65 P.S. .401 et. seq.
The Ethics Act provides 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).
Under this provision of law, this Commission has determined that a public
official may not participate in any matter regarding a business with which he
is associated, or where he has a direct financial interest. Simmons, 79 -056;
Downs, 85 -554.
A business with which one is associated is defined as:
Section 2. Definitions.
"Business with which he is associated." Any business in
which the person or a member of the person's immediate
family is a director, officer, owner, employee or holder
of stock. 65 P.S. 402.
Mr. Donald Mead
Page 3
Decemher 6, 19R5
Clearly, you are associated with "Mead's Auto Service" and may not use your
puhlic position to ohtain financial gain for that business.
The facts show, that as a supervisor, you obtained a Transfer Case for a
township vehicle and the necessary parts for installation at a cost of
%6R2.48. While your husiness performed this installation, there is no
evidence that you charged the township for this service or otherwise obtained
any financial gain. You were repaid for the costs of the parts and you
participated in approving this payment. We do not helieve, however, that this
was a violation of the Act.
We do note that your repayment was effected when you submitted a hill for
these parts to the township on a "Mead Auto Service" invoice. This, of
course, creates the appearance that your business was heing compensated for
the services rendered.
Had the "Lords Valley Towing" invoice been submitted directly to the
township along with the invoices for the miscellaneous parts, this appearance
would not have heen created. As a puhlic official, you should he mindful of
such puhlic perceptions.
C. Conclusion: You did not violate the State Ethics Act when you received
reimbursement for expenditures that you made as a Township Supervisor.
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 he made availahle 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. (luring 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 51,000 or
imprisoned for not more than one year or hoth, see 65 P.S. 409(e).
JJC/sfh
Chairman