The URL can be used to link to this page

Home My WebLink About467 ArmitageMr. Jack Armitage Union Street Ext. R.D. #1 Corry, PA 16407 Re: 84 -132 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 9, 1986 Order No. 467 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 for Spring Creek Township, violated Section 3 a of the State Ethics Act which prohibits a public official or public employee from using his public position to ohtain any financial other than the compensation provided for by law and that gain y0t� have used township gasoline and supplies for your personal vehicle. A. Findings: 1. You have served as appointed roadmaster for Spring Creek Township from at least 1972 to December, 1984. a. You were annually appointed to this position by the supervisors. You do not serve as a township supervisorrd of township h. You are an appointed puhlic employee and are suhject to the provisions of the Ethics Act. c. Spring Creek Township Supervisors do not serve as township employees and as a result, you are in charge of the road crew, set the work schedules, participate in hiring of road workers and have been given responsihility of making various purchases for materials and supplies. Mr. Jack Armitage April 9, 1986 Page 2 2. Minutes of the Spring Creek Township Supervisors meetings confirm the fol l owi ng: a. At reorganization meetings held on January 5, 1981, January 4, 1982, January 3, 1983 and January 4, 1984, you were appointed roadmaster by the board of supervisors. b. Your wages were set as follows: 1. 1981 - $7.30 per hour 2. 1982 - 8.00 per hour 3. 1983 - 8.50 per hour 4. 1984 - 8.50 per hour e. Mileage for use of personal vehicles was set as follows: 1. 1981 - $.17 per mile 2. 1982 - $.20 per mile 3. 1983 - $.20 per mile 4. 1984 - $.20 per mile 3. Information obtained from current township supervisors confirm that you were paid mileage for use of your personal vehicle while on township busi ness. a. The supervisors agreed that you were not authorized to use township gasoline in your personal vehicle. 4. A forne'r supervisor serving until December, 1983, advised that you were permitted to use township gasoline when your vehicle was used by you and the supervisors to conduct road inspections. Road inspections, by code, are conducted twice each year. a. You were also authorized to fuel larger pieces of equipment by fil li ng gas cans and taki ng the fuel to the job sites. 5. Spring Creek Township road crew employees confirm that you put gasoline from township supplies in your personal vehicle on a regular basis. a. Exact dates and amounts could not be recalled, although one employee stated that for a two week period between November, 1983 and April, 1984 he pumped as much as (31) gallons of gasoline into your truck. This was done at your direction. Mr. Jack Armitage April 9, 1986 Page 3 6. You admit that you were paid mileage for use of your personal vehicle, a pick -up truck. a. You also admit that you used township gasoline in your personal vehicle, but only when your vehicle was used to do minor jobs around the township. 7. You were paid mileage for use of your personal vehicle as .follows: Allowance Date Miles Per Mile Amount Paid a. 1981 b. 1982 3/2 48 .17 8.16 5/4 240 .17 40.80 8/10 57 .17 9.69 10/5 330 .17 56.10 10/19 140 .17 23.80 138.55 3/15 470 .20 94.00 5/3 137 .20 27.40 9/20 342.5 .20 68.50 10/4 322 .20 64.40 11/15 110 ^ .20 22.00 c. 1983 276.30 4/4 195 .20 39.00 6/13 288 .20 57.60 8/8 167 .20 33.40 9/19 132 .20 26.40 11/7 292 .20 58.40 d. 1984 214.80 1/23 92 .20 18.40 2/6 217 .20 43.40 __ 2/21 361 .20 72.20 3/5 92 .20 18.40 3/19 244 .20 48.80 4/2 241 .20 48.20 5/14 261 .20 52.20 301.60 Mr. Jack Armitage April 9, 1986 Page 4 B. Discussion: In the instant situation, we must initially determine whether you are a public employee within the purview of the State Ethics Act. Generally the Ethics Act precludes from its coverage roadmasters who do not perform in the enumerated capacity as set forth in the Ethics Act. See 51 Pa. Code §1.1 (definition of public employee). This exemption, however, is only general in nature and if a particular governmental employee otherwise performs the functions set forth in the State Ethics Act, he is to be considered a public employee within the purview of the Act. The Act provides as follows: Section 2. Definitions. "Public employee." Any individual employed by the Commonwealth or a political subdivision who is responsible for taki ng or recommendi ng offici al action of a nonministerial nature with regard to: (1) contracting or procurement; (2) administering or monitoring grants or subsidi es; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a de minimus nature on the interests of any person. "Public employee" shall not include individuals who are employed by the State or any political subdivision thereof in teaching as distinguished from administrative duties. 65 P.S. 402. Generally, a review of the instant situation reveals that as the township roadmaster you had substantial authority in the procurement of township supplies and materials as well as in hiring and directing the road crew. As such, we are of the opinion that you were a public employee within the purview of the State Ethics Act. As a public employee, you must conform to the requirements of the State Ethics Act. Generally the 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). Mr. Jack Armitage April 9, 1986 Page 5 Within the above provision of law, you may not use your public position in order to obtain any financial gain other than the compensation provided for by law for yourself. In the instant situation, we were called upon to determine whether you as a public employee, obtained township gasoline and supplies for your personal vehicle or otherwise received any financial gain that was not part of the compensation fixed for you as roadmaster of the township. In the instant situation, while there was evidence that you had placed township gasoline in your personal vehicles, the former township supervisor indicated that he and another supervisor, who is now deceased, allowed you to use township gasoline in your vehicle, when that vehicle was used by you in order to conduct road inspections. There is no indication that the gasoline placed in your vehicle as set forth in Finding 5a, was other than in accordance with this former supervisor's direction. There was no indication as to any times and dates that gasoline was placed in your vehicle and the extent to which this occurred. As a result, we do not believe that there is sufficient evidence to find that you violated the State Ethics Act or that you received any financial gain that is not part of the compensation provided for by law. We also note that you did receive mileage for the use of your personal vehicle while on township business. That mileage allowance, however, was authorized and approved by the township board of supervisors and there is no evidence or indication that you obtained your mileage allowance other than as set forth by the township board of supervisors. C. Conclusion: As a result of the foregoing factors, we do not believe that you violated 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. 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, G. Sieber Pancoast Chairman