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HomeMy WebLinkAbout448 FisterMs. Anne Fister R.D. #1 Wet Track Road West Middlesex, PA 16159 RE: 85 -08 -C Dear Ms. Fister: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION December 6, 1985 Order No. 448 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. Allegations: That you, a Shenango Township Supervisor, violated Section 3(a) of the Ethics Act which prohibits a public employee or puhlic official's use of office or confidential information gained through that office to ohtain financial gain and Section 3(b) which prohibits a public employee, public official or candidate from offering, soliciting or accepting anything of value based on an understanding that the vote, official action or judgment of the puhlic employee or candidate will be influenced because you rent a garage to William Hazen (R & E Auto) and that township equipment is repaired hy R & E Auto. A. Findings: 1. You served as an elected township supervisor in Shenango Township for the period of January, 1980 to the present and, as an elected official, are suhject to the provisions of the Ethics Act. 2. Until Jnl y 25, 1379, you owned the hui l di ng presently rented to and occupied hy William Hazen's R & E garage. a. On July 25, 1979, you conveyed that property, located at West Middlesex - Huhhard Road and Wet Track Road, Shenago Township, to your children Stephen John Fister, Jonathan Gregory Fister and Priscilla Eve Fister. h. Your children are not minor dependent children. c. In Septenher, 1982, the garage on this property was rented to William Hazen, proprietor of R & E Garage. The rental was to he 5500 per month. Ms. Anne Fister Page 2 3. In Octoher, 1982, William Hazen, doing business as R R E Garage, began doing husiness with Shenango Township. 4. From October, 1982, R A E received township egiupment repair work as follows: Year Frank's Auto Vassens 1980 $1967.00 S 442.00 1981 1539.00 4475.00 198? 3125.00 2.2.54.00 1983 912.00 173.00 1984 1160.00 429.00 1985 983.00 98.00 R R E Garage 177.00 2783.00 2.883.00 2102.00 December 6, 1985 Total $2409.00 6014.00 5556.00 3868.00 4472.00 3183.00 5, The R R F Garage is availahle for emergencies 24 hours per day; Frank's Garage is open 8:00 a.m. to 5:00 p.m. Monday through Friday. 6. William T. Hazen, owner of R A E Garage, stated that he makes his rental checks payahle to you. 7. There is no evidence that you directed or caused township equipment to he directed to R & E Garage for repairs. A numher of township employees, including the chief of police and road foreman, stated that you had not directed them to send work to R & E Garage. R. niscussion: As a township supervisor you are a puhlic official as that term is defined in the State Ethics Act. 65 P.S. 5402. As such, your conduct must conform to the requirements thereof. The Act provides that: Section 3. Restricted activities. (a) No puhlic official or puhlic 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 memher of his immediate family, or a husiness with which he is associated. 65 P.S. 403(a). A memher of one's immediate family is also defined in the Act as follows: Section 2. Definitions. "Immediate family." A spouse residing in the person's household and minor dependent children. 65 P.S. 402. Ms. Anne Fister Page 3 The Ethics act also provides as follows: Section 3. Restricted activities. (h) No person shall offer or give to a public official or puhlic employee or candidate for public office or a memher of his immediate family or a business with which he is associated, and no public official or puhlic employee or candidate for puhlic office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the puhlic official or puhlic employee or candidate for puhlic office would be influenced therehy. 65 P.S. 403(h). Decemher 6, 1985 While you did at one time own the building which is now rented to R & E Garage, you terminated your ownership of that huilding hefore you took office in 19R0 and approximately two years hefore R & E began doing husiness with the township. Ownership of the huilding was transfered to your children who are not minor dependent children. Based upon the foregoing, you did not technically violate Section 3(a) of the Ethics Act. There is no evidence that you, as a puhlic official, were offered or accepted anything of value based upon the understanding that your official decision or actions would he influenced therehy. Evidence received from township employees and officials indicate that you did not direct these individuals to utilize or employ the services of the garage. We, therefore, find no violation of Section 3(h) of the Ethics Act. While we have found no violation of the Act, we do helieve that we should point out to you the purpose and intent of the law. The Ethics Act was promulgated in an effort to insure the puhlic that the financial interests of puhlic officials neither conflict nor appear to conflict with the puhlic trust. In this respect, puhlic officials must remain mindful of puhlic perceptions. In certain situations even though a violation of the law will not take place, it may he the hetter course of action for a puhlic official to ahstain from participation in a matter wherein they may he perceived to have financial interest, even though said interest may he indirect. Here as a puhlic official, we helieve that you should ahstain in all matters regarding the employment and payment of hills regarding the business that rents the huilding owned hy your children. The potential for development of conflicts contrary to the intent of the Act, in this matter, was heightened hy the fact that while your children own the property in question, you collected the rent payments. Because of this, we helieve that you must remove yourself from considerations involving the township's dealing with this husiness. Ms. Anne Fister Page 4 C. Conclusion: You did not violate the State Ethics Act by approving the payment of hills to a business employed hy the township and renting a building owned hy your adult children. As a puhlic official, you should he sensitive to puhlic perceptions and act in accordance with the purpose and intent of the Ethics Act. As such, you should abstain from participation in any matter regarding this husinss. 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 puhlic 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 hy 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,OOO or imprisoned for not more than one year or both, see 65 P.S. 409(e). JJC /sfh By the erh t 8. Conner Chairman December 6, 1985