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HomeMy WebLinkAbout466 HiteMr. Robert M. Hite R.D. #1, Box 175 Loretto, PA 15940 Re: 84 -127 -C Dear Mr. Hite: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 9, 1986 Order No. 466 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 and employee of Allegheny Township, violated Section 5(b)(5) of the Ethics Act, 65 P.S. 405(b)(5), by failing to disclose the township as a source of income of $500 or more, A. Findings: 1. You have served as an elected supervisor in Allegheny Township from January, 1976 until the present time and are subject to the provisions of the Ethics Act. 2. tJ -2 forms and wage and tax statements on file with the township show that while employed as a supervisor and roadmaster in that township, you earned wages as follows: 1979 $1605.00 1980 $ 631.00 X1981 $1418.00 1982 $1188.00 1983 $1995.00 1984 51810.00 3. An examination of the Statement of Financial Interests for the same years as listed in item #2 disclose that you did not show the township as a direct or indirect source of income in item 15, for the years 1979, 1980, 1981, 1982 or 1983. You did show the township as a source of income for the year 1984. Mr. Robert M. Hite April 9, 1986 Page 2 4. On December 18, 1985, you stated that you did not realize the magnitude of your error and you stated that you would amend all of the Statements of Financial Interests for the years concerned. 5. Subsequent to December 18, 1985, you amended the Statements of Financial Interests for the years 1979 through 1983 and forwarded a copy of the amended forms for inclusion with the file. Copies of the amended forms are also on file with the township secretary. B. Discussion: As a township supervisor you are a public employee as that term is defined in the State Ethics Act. 65 P.S. §402. As such, your conduct must conform to the requirements of the Act. See Sowers, 80 -050. The State Ethics Act provides as follows: 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 i ncome 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. Within the above requirement of the State Ethics Act, you are required tb report all sources of i ncome totalling i n the aggregate of $500 for each year that you file a Statement of Financial Interests. In each of the years from 1979 through and including 1983, you earned more than $500 as a township supervisor and roadmaster. The township was not listed on your Statement of Financial Interests as a source of income. The failure to list the township as a source of income is a violation of the State Ethics Act. We do believe, however, that this violation was of a technical nature and that you did not intend to otherwise violate the provisions of the State Ethics Act. The fact that you are employed by the township and received compensation from the township was a matter of public record. You did, in fact, file Statements of Financial Interests as required by the law. There is no evidence that you maintained any private business relationship with the township and received any money from the township other than the aforementioned compensation. As a result, we do not believe that there should be any penalty imposed in relation to your failure to list the township as a source of income. Mr. Robert M. Hite April 9, 1986 Page 3 C. Conclusion: As a township supervisor, you are a public official as that term is defined in the State Ethics Act. Your failure to list the township as a source of income in excess of $500 on your Statements of Financial Interests constituted a technical violation of the State Ethics Act. Because you have amended these Statements of Financial Interests and because you did not realize any financial gain from your failure to list the township, we will take no further action in this matter. II. Allegation: That you, a township supervisor and employee of Allegheny Township, violated Section 3(a) of the Ethics Act, 65 P.S. 403(a), which prohibits the use of public office or confidential information gained through that office for financial gain other than compensation allowed by law by a public official or Section 3(b) of the Ethics Act, 65 P.S. 403(b), which prohibits a public official from soliciting or accepting anything of value on the understanding that his vote or official action w i l l be influenced when you contracted with the Gallitzin Savings and Loan Association for 45 acres of land at the same time the township was suing this savings and loan association. A. Findings: 6. The investigation determined that although you did contract with the Gallitzin Savings and Loan Association for 44 acres of land owned by the savings and loan that you had previously rented the same 44 acres of land from the previous owner of the acreage, Ivan Seaberg, for some 7 or 8 years. 7. You paid Mr. Seaberg a nominal annual rent of $250.00 and paid the savings and loan association $180.00 per year, and kept the land in a salable condition. 8. There was no evidence developed to suggest that there was anything improper or unethical about the transaction which you had with the Gallitzin Savings and Loan Association for the rental of this land. B. Discussion: Section 3(a) of the State Ethics Act provides as follows: 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). Within this provision of law, no public official may use his public office or any confidential information obtained in that office to obtain any financial Mr. Robert M. Hite April 9, 1986 Page 4 gain for himself other than the compensation provided for by law. In the instant situation, there is no evidence that you obtained any financial gain through the lease of the land owned by the savings and loan association. You had leased that land for approximately 8 years prior to the savings and loan association's acquisition of that land. You were not involved in the association's acquisition of that land and you merely continued your lease of that property after the loan association acquired the land. While the Loan association was involved in a law suit with the township, that matter was settled by the township and by township residents who are also a party to the suit. The matter was terminated by virtue of a consent order which received judicial approval. There is no evidence that you, in any way, used your position to influence this agreement or that you provided any benefit to the association. Based upon these factors, we also do not believe that there was any violation of Section 403(b) of the Act which provides as follows: Section 3. Restricted activities. (b) No person shal 1 offer or give to a public offici al or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, i ncludi ng a gift, loan, political contribution, reward, or promise of future employment based on any understandi ng that the vote, offici al action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). The evidence does not support the allegation that you received anything of value with the understandi ng that your official vote would be i nfl uertced thereby. As a result, we do not believe that you violated Section 403(a) or 403(b) of the State Ethics Act. C. Conclusion: Under the foregoing factual circumstances, we find no violation of Section 403(a) or 403(b) of the State Ethics Act. 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. Mr. Robert M. Hite April 9, 1986 Page 5 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). By the Commission, 16 f;g G. Sieber Pancoast Chairman