HomeMy WebLinkAbout479 AllenMr. John Allen, Jr.
Ekastown Road, R.D. #1
Saxonburg, PA 16056
Re: 84 -137 -C
Dear Mr. Allen:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
May 2, 1986
Order Flo. 479
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 Clinton Township Supervisor, violated Section
3(a) of the Ethics Act which prohibits a public employee's or public
official's use of office or confidential information gained through that
office to obtain financial gain by participating in the township's review and
revision of a zoning ordinance while you also operated as a land developer and
over -seer of the planning commission within the township thereby violating
Section 3(a) or Section 1 of the Ethics Act.
A. Findings:
1. You have served as a supervisor of Clinton Township since January 1, 1970
and are subject to the requirements of the State Ethics Act.
2. You also served on the township planning commission until 1978.
3. You serve as the township's liaison to the planning commission. You
attend most meetings of this commission.
4. You are also a land developer for the township. You have a development
named Timher Ridge.
5. Planning commission minutes record the following activities related to
zoning ordinance #0- 84 -12.
a. December 6, 1982: Mr. Glen Lohn reported that work was progressing
on the zoning ordinance and a report was expected in early 1983.
h. January 3, 1983: Mr. Dick O'Rourke reported the presentation on the
zoning ordinance was not ready.
Mr. John Allen Jr.
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May 2, 1986
c. June 6, 1983: You reported receiving the draft of the proposed
zoning amendments from Mrs. Ford. The hoard was to he supplied
copies of the amendments prior to the workshop scheduled for June
20, 1983.
d.
Very few minutes are available prior to 1983.
e. The ordinance was entitled A Complete Review of the Zoning
Classification, then existing in the township and included changes
in relation to subdivision and commercial usage.
6. Minutes of the Clifton Township supervisors meetings record the following
activities relating to the zoning ordinance:
a. February 11, 1980: You informed the board that the subdivision and
land development ordinance was being revised.
h. March 10, 1980: You reminded the board of advertising of public
hearings for amendments to the subdivision and land development
ordinance.
c. April 14, 1980: A special meeting was held on proposed amendments
to the suhdivision and land development ordinance. You made a
motion to adopt the amendments, Supervisor Thompson second the
motion and it was adopted.
d. March 9, 1981: You reported discussions with the planning
commission about the lack of a designated commercial district.
e. May 11, 1981: You reported talking to the planning commission about
the zoning and subdivision ordinances.
7. The minutes of the township supervisors meeting of November 12, 1984,
record the following actions and discussions of Zoning Ordinance #0- 84 -12:
a. You chaired the meeting.
h. Approximately fifty citizens in addition to memhers of the planning
commission were present.
c. There was a long discussion on many items in the ordinance.
d. On a motion by Supervisor Hamilton, second hy you, the ordinance,
with changes resulting from the discussion, passed hy a 2 to 1 vote.
You voted in favor of the ordinance.
8. Mr. Gabriel Ciafre, the Township Sewage Enforcement Officer, is also a
part -time employee of yours.
a. You voted for his appointment as township sewage enforcement officer
on January 13, 1984.
Mr. John Allen Jr.
Page 3
b. He admits doing 4 percolation tests on your properties in Timber
Ridge but he was accompanied by an inspector from the Department of
Environmental Resources. The Department confirms that their
inspectors accompanied him.
B. Discussion: As a township supervisor, you are a public official within
the purview of the State Ethics Act and, therefore, subject to the requirement
of that Act. 65 P.S. §402; Sowers, 80 -050.
Generally, 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).
May 2, 198
Within the above provision of law, it is clear that public officials may not
use their public position, or any confidential information obtained through
that position in order to obtain a financial gain for themselves, a member of
their immediate family or for a business with which they are associated.
Within this provision of law, a township official would be prohibited from
participating in any matter that was presented for a decision by the township
board of supervisors if that matter related to an item in which the supervisor
had a personal financial interest. In the instant situation, the township
board of supervisors were involved in restructuring the general zoning
ordinance in the township. You participated in the structuring of this
ordinance and the final approval thereof. This ordi nance, however, did not
specifically relate to any project in which you had an interest. The
ordi nance was general in nature and provided for various types of zoning
classifications and restrictions. While it is true that you are a developer
in the township, the ordinance that was considered and passed by the township
did not specifically relate to any project in which you were involved. As
such, we do not believe that your actions in the instant matter amounted to a
violation of Section 3(a) of the Ethics Act. We do advise that in your
position as a township official as well as the township's liaison to the
planning commission, you must abstain in all situations presented to that
commission or to the township board of supervisors that specifically relate to
projects in which you are involved. I.n this respect, you may not participate
to any extent in the commission's or township's review, consideration,
recommendations or decisions relating to said projects. Similarly, in the
future, your abstention in such matters should be publicly noted and recorded.
As a public official, you should be constantly aware of the fact that your
Mr. John Allen Jr.
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May 2, 1985
actions as an official could result in certain public perceptions. Your
simultaneous service as a township supervisor, liaison to the planning
commission, and developer in the township, and the fact that the township
sewage enforcement officer works for you on a part -time basis in a private
capacity, could create substantial questions of conflicts of interests in the
future. These questions should be addressed prior to your participation in
such a matter.
C. Conclusion: Based upon the foregoing factual situation, we do not believe
that you violated the State Ethics Act. You should not, in the future,
participate in any matter as a member of the township board of supervisors or
as a liaison to the planning commmission that specifically relates to any
project in which you have a personal financial interest.
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,
i tt
G. Sieber Pancoast
Chairman