HomeMy WebLinkAbout470 HudackSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
April 9, 1986
Order No. 470
Ms. Maureen Hudack
Star Route
White Haven, PA 18651
Re: 85 -154 -C
Dear Ms. Hudack:
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 Supervisor in Ruck Township,
3(a) of the Ethics Act which prohibits a public employee's violat
official's use of office or confidential information gained through that
office to obtain financial gain by having your son work on the township road
crew without an open and public process.
A. Fin_iin�cs:
1. You served as a Ruck Township Supervisor since January, 1982.
2. You also served as a township auditor from January, 1973 to January,
1982.
3. Your son lives with you hut is not a minor dependent. He does not
contribute to the financial upkeep of the household.
4. Your son was hired by the township hut not by formal township action.
a. You state that at the close of a township meeting, someone from the
township asked whether anyone was interested in a part time job with
the road crew or whether someone knew of such a person.
5. Your son's total earnings for 1984 and 1985 were 1112.00.
a. By check #236, he was paid 196.00 on July 20, 1985.
Ms. Maureen Hudack
April 9, 1986
Page 2
b. By check #255 he was paid $16.00 on February 15, 1985.
B. Discussion: As a township supervisor in a township of the second class,
you are a public official as that term is defined in the State Ethics Act. 65
P.S. §402; Sowers, 80 -050. As such your conduct must conform to the
requirements of the State Ethics Act.
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 the above provision of law, you may not use your public position in
order to obtain any financial gain for yourself or for a member of your
immediate family. The State Ethics Act defines member of ones immediate
family as follows:
Section 2. Definitions.
"Immediate family." A spouse residing in the person's
household and minor dependent children. 65 P.S. 402.
Clearly, within the above provision of law, your son was not a minor
dependent as defined in the State Ethics Act. Additionally, there is no
evidence to indicate that your son contributed to the financial upkeep of your
household. The township board of supervisors took no official action in
relation to the hiring of your son and you did not cast any vote or otherwise
take any action in order to have him hired by the township.
In addition to the foregoing, Section 3(c) of the State Ethics Act
requires that in the event that a township official or his immediate family
members were to enter into any contract or business dealings with the
township, such must be conducted through an open and public process if the
amount of the business transactions are in an excess of $500. In the instant
situation, the evidence indicates that salary received by your son totalled
$112 over a two -year period. As such, the open and public process requirement
would not be applicable to the instant situation.
C. Conclusion: Based upon the foregoing, we do not believe that there was
any violation of the State Ethics Act. Your son was not a member of your
immediate family as defined in the State Ethics Act. Additionally, you took
Ms. Maureen Hudack
April 9, 1986
Page 3
no action as a township supervisor in order to obtain this employment for your
son. Finally, the open and public process was not required as the amount of
the financial transactions between your son and the township even if your son
was a member of your immediate family did not exceed $500.
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