HomeMy WebLinkAbout535 BatleyMr. Fred Ratley
1171 Richard Road
North Huntingdon, PA
Re: R5 -07R -C
Dear Mr. Ratley:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
OROER OF THE COMMISSION
15642
Order No. 535
DECIDED NOV L9 1986
MAILED NNv 25 _ 46
The Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 197R. 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 member of the North Huntingdon Township Board of
Commissioners, violated Section 3(h) of the Ethics Act which prohibits public
officials from soliciting or accepting anything of value or offering anything
of value to a public official with the understanding that the official's
judgment or actions would he influenced thereby when you requested the
resignation of Mr. James Tempero as Vice Chairman of the Roard of
Commissioners and for all positions and committees on which he served and
stated that if he did not resign, no work would he done by the township in the
first warn and no money would he received from the State Motor Vehicle Fund
for his projects.
A. Findings:
1. You serve as a Township Commissioner in North Huntingdon Township,
Westmoreland County, Pennsylvania. 2. This is a township of the first
class.
3. James M. Tempero also served as a Township Commissioner in North
Huntingdon Township.
4. in 1985, Mr. Tempero served as vice chairman of the township heard of
commissioners and also served on a number of committees of the township hoard
of commissioners.
5. North Huntingdon Township is governed by a hoard of seven township
Commissioners.
6. North Huntingdon Township is comprised of seven different wards.
Mr. Fred Batley
Page 2
7. Each ward is represented by a different township commissioner.
8. Mr. Tempero represents the first we rd.
9. Generally, each commissioner attempts to insure that the ward which he is
responsible for representing obtains all of the necessary township services
requester; by the citizens. Such services include the repair and paving of
roads located throughout each ward.
10. The funds for the repair of township roads are allocated by the township
from the liquid fuels funds which the township receives.
11. Expenditures for repairing township roads to each ward during the years
1981 - 1985 inclusive are as follows:
WARD 1981 1982 1983 1984 1985 TOTALS
I 11,851.70 31,542.45 281,316.17 54,917.50 49,531.22 429,159.04
II 48,816.90 79,152.20 48,329.37 85,047.39 111,159.96 372,505.82
III 0 10,118.30 22,788.32 35,911.55 29,406.03 98,224.20
IV 0 9,689.30 23,849.25 59,664.08 24,796.92 117,999.55
V 35,113.60 33,891.10 41,114.74 58,669.85 38,125.30 206,914.59
VI 51,755.40 59,618.65 33,127.40 86,626.86 59,036.86 290,164.59
VII 37,742.80 36,083.95 35,382.29 78,357.04 31,718.52 219,284.60
185,280.40 260,095.95 254,540.74 459,193.69 343,774.81 1,734,252.39
(231,366.80)
12. Road superintendent, Rudy Morreton, is responsible for repairing and
maintaining township roads.
a. He receives and answers all complaints regarding the condition of the
township roads.
b. Mr. Morreton advised that he addresses each and every complaint
regardless of the ward in which the road is located.
Mr. Fred Batley
Page 3
c. Mr. Morreton advised that no one has ever approached him and
requested or i nstructed him to refrai n from repai ri ng roads i n the
first ward.
13. A review of township minutes for the board commissioners of North
Huntingdon Township for the end of 1984 and the beginning of 1985 reveals
substantial infighting among the township commissioners.
14. Mr. Tempero has stated that on April 4, 1985, he was contacted by you.
a. Mr. Tempero stated that at the time of this contact you requested
that he resign his position as vice chairman of the township board of
Commissioners.
b. Mr. Tempero has stated that you also requested him to resign his
position on all of the township board of commissioners' committees.
c. Mr. Tempero has stated that at the time of such contact, you advised
him that unless he resigned from his positions, that he would
receive no further funds for road repairs in the first ward.
d. Mr. Tempero did not resign his position as vice chairman of the North
Huntingdon Township Board of Commissioners.
15. You deny making any threat to Mr. Tempero regarding his position as vice
chairman of the township board of commissioners.
a. You have stated that after a regularly scheduled township commission
meeting, you and four other commissioners proceeded to a local
tavern.
b. At this time, four members of the Commission indicated to you
that they were going to seek the removal of Mr. Tempero as vice
chairman of the township
. •
•. 11 11
•
, .
c. You advised that at this time, you were questioned by these
commissioners as to whether you would oppose them on their removal of
Mr. Tempero. You advised the commissioners that you would not oppose
their motion.
d. You have advised that you informed the members of the commission
during this discussion that they would have to give Mr. Tempero
advance notice of their proposed action.
Mr. Fred Batley
Page 4
e. You admit contacting Mr. Tempero in order to advise him as to the
proposed action regarding his removal as vice chairman of the
township board of commissioners. You deny making any threat to Mr.
Tempero.
f. You did indicate that you suggested to him reasons that he
could use for stepping down from that position if he voluntarily
chose to do so.
g. You stated that the reason for seeking Mr. Tempe ro's resignation as
as vice chairman of the township board of commissioners was due to
substantial personality conflicts between Mr. Tempero and the other
township commissioners.
16. On April 11, 1984, at a regularly scheduled public meeting of the North
Huntingdon Township Board of Commissioners, a reorganization of the structure
of the township board of commissioners was conducted.
a. At that time, Mr. Tempero was not re- elected as the vice chairman of
the township board of commissioners. Mr. Tempero was elected as
chairman of the township Standing Committee on Public Health and
Services.
17. There is no other evidence of any offer or statement regarding the use of
township funds for road repairs i n the first ward.
B. Discussion: As a township commissioner in a township of the first class,
you are clearly a public official as that term is defined in the State Ethics
Act. As such, you conduct must conform to the requirements of that law. 65
P.S. Section 402. The State Ethics Act provides as follows:
Section 3. Restricted activities.
(b) No person shall offer or gf e to a public official 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, 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 public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
Mr. Fred Batley
Page 5
We must review the current situation within the above provision of law in
order to determine if a violation of the State Ethics Act has occurred. In
the instant situation, the only evidence indicating that any offer of anything
of value was made to a public official was the statement by Mr. Tempero that
road repair funds for use in the first ward, the ward represented by Mr.
Tempero, would be withheld unless he resigned his position as vice chairman of
the township board of commissioners. While his continued receipt of these
funds, in return for his decision to terminate his position as vice chairman
is clearly an offer of a thing of value based upon the understanding that his
conduct would be influenced thereby, the only evidence that such occured is
Mr. Tempero's statement. You have categorically denied that such an offer or
threat was made. There is no other evidence to indicate that such, in fact,
occurred. Mr. Morreton, the road superintendent for North Huntingdon
Township, has stated that no one has ever approached him in order to request
that work in a particular ward not be completed. Additionally, a review of
funds used for ward road repair has evidenced in Finding No. 11 indicates that
the first ward was allocated funds every year from 1981 through and including
1985. In fact, it appears from the finding of fact that the first ward
received more funds for road repairs than any other ward. Thus, there is no
evidence to support the allegation.
C. Conclusion: You did not violate the State Ethics Act. Based upon the
above findings of fact, there is no evidence to support an allegation of a
violation of that law.
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