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HomeMy WebLinkAbout576-R FellerMr. Marvin Feller 600 Valley Road Warrington, PA 18976 Re: 83 -185 -C Dear Mr. Feller: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 576 -R DATE DECIDED: October 14, 1987 DATE MAILED: October 20, 1987 The 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 former Township Manager in Upper Dublin Township, Montgomery County, violated Section 3(a) and /or Section 3(b) of the Ethics Act, 65 P.S. §403(a) and 403(b) respectively, by using your office or confidential information from that office for financial gain, or by soliciting or accepting something of value based on the understanding that your official actions would be influenced when you accepted free gifts from Sale Service and Chemicals Incorporated, Ultracom Cable TV and Fierstein Chevrolet, who had contracts with the Township. A. Findings: 1. You served as Upper Dublin Township Manager from 1973 to December 1981 when your term expired. You were not reappointed to this position. 2. Salt Service and Chemicals, Inc., Ultracom Cable TV and Firestein Chevrolet had contracts with Upper Dublin Township. 3. Mr. Frank Kamor, Secretary /Treasurer, Salt Services and Chemicals, Incorporated, advised that he had no knowledge of swimming pool chlorine being accepted by you as a gift from this firm. a. Kamor advised that pool chlorine is often used by his firm to develop lines of friendship with customers. Mr. Marvin Feller Page 2 b. He was aware that owner Dick Ortlip, who was president of this firm until his death in 1982 or 1983, was a personal friend of yours. c. Kamor stated that if Mr. Ortlip did give pool chlorine to you, company policy directed that records of such a gift would be destroyed after a five (5) year lapse. d. He was doubtful that records would have been retained under the above circumstances because Mr. Ortlip often did not keep records of his own activities. e. Kamor denied that he had any knowledge of his firm using free pool chlorine to obtain no -bid contracts from Upper Dublin Township. 4. Mr. Harold Etsell, Jr., former vice - president of Marketing Operations for Ultracom Cable TV, related that he had no knowledge of any tickets to Phillies baseball of Flyers hockey games being given to you by Ultracom. a. Etsell stated he was aware that free tickets to Phillies and Flyers games were available to Ultracom employees for their personal use during 1983. b. He related that he was uncertain as to whether employees were required to record the actual user of such tickets. Etsell disclaimed having knowledge of the location of any records pertaining to the users of these tickets. c. Etsell stated that he was aware that on some occasions tickets would be wasted because no one wanted to use them. 5. Firestein Chevrolet Company, Dresher, Pennsylvania, a car dealership which supplied many of the township's police cruisers and staff cars went out of business during the early 1980's. 6. You admitted that you accepted pool chemicals from Mr. Dick Ortlip, the owner of Salt Services Chemicals, Incorporated, as a result of your personal friendship with him over a 20 year period. a. You stated that you used the pool chemicals for your private swimming pool. b. You stated that you never afforded any favoritism to Mr. Ortlip as a result of this acceptance when township interests were involved. c. You stressed that Mr. Ortlip was never given a sole source contract by the township. Mr. Marvin Feller Page 3 d. You emphasized that the township commissioners always had the authority to make the final decision on who would get a contract with regard to purchases of sewage cleaning machines and liquid chlorine which were used by the township to clean sewers. 7. You stated that you did accept tickets for sporting events from Ultracom, Incorporated, during the years you were township manager at Upper Dublin Township. a. You believed that PRISM was the actual distributor who provided the tickets to Ultracom for distribution to prospective or current clients. b. You emphasized that someone from Ultracom would always initiate the contact with you, and then offer the tickets for your use. c. You acknowledge that during 1980, you, two township citizens and three commissioners served on a committee for the review of cable companies for the township. Ultracom was selected by the Commissioners for the township's 15 -year cable television contract. d. You stated that you periodically accepted tickets to the Phillies baseball, Flyers hockey, and 76ers basketball sporting events over a period of about 18 months during 1980 -1981. You stated that you attended the events with your wife and occasionally with your son, but never accepted the tickets and gave them to others for their use. You emphasized that the tickets were offered after the cable television contract was awarded by the township to Ultracom. You stated that when the township committee to select the cable television contractor visited Ultracom, they were offered fancy blankets, flasks, and a set of vise grips as momentos. As to the blankets, flasks, vise grips, you state that you did not accept them for yourself but, in fact, turned the items over to the First Class Township Commissioner's Association for door prizes at the annual convention. 8. You stated that you accepted discounts from Firestein Chevrolet Company which were afforded to all township officials. a. You related that at that time, a nearby Polino Oldsmobile Dealership was on Bethlehem Pike, but this firm was not interested in attempting to obtain township business. b. You acknowledged that over the years, you purchased two (2) cars from Firestein Chevrolet Company but only one was purchased during your tenure as Township Manager. Mr. Marvin Feller Page 4 c. You state that the car was purchased at $100 over invoice which price was offered to everyone who came into the showroom. d. You also stated, that you and other township officials or employees the Firestein Chevrolet Company but that the only repair work you had done was under warranty. e. You denied that your acceptance of discounts from Firestein Chevrolet Company affected your business dealings with them when township interests were involved. B. Discussion: As the Township Manager for Upper Dublin Township, you are a "public employee" as that term is defined in the State Ethics Act. Accordingly, your conduct must conform to the requirements of the Ethics Act and the restrictions therein are applicable to you. Section 3(a) provides: 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). It is further provided in Section 3(b) of the Ethics Act: Section 3. Restricted activities. (b) No person shall offer or give 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). Factually, you did receive from Mr. Dick Ortlip, deceased, the former owner of Salt Services Chemicals, Inc., free chlorine for your swimming pool. You state that the chlorine was received as a result of your twenty years of friendship with Mr. Ortlip and that it in no way resulted in favoritism on Mr. Marvin Feller Page 5 your part to Mr. Ortlip in your capacity as Township Manager. Based upon the above facts, there is insufficient evidence to establish that you used your public office or accepted anything of value to influence your official action relative to_the receipt of the chlorine from Mr. Ortlip. This Commission finds that the receipt of the chlorine by you does not constitute a violation of either Section 3(a) or 3(b) of the Ethics Act. Secondly, regarding the free tickets from Ultracom, you state that you did periodically accept these tickets for your wife and family but only after the contract was awarded. Since you did accept and use these tickets, this Commission finds a technical violation of Section 3(a) but no violation of Section 3(b). It is noted, in this regard, that the blankets, flasks and vise grips which were also offered by Ultracom to you were turned over to the Pennsylvania Association of First Class Township Commissioners. As to the discount purchase and repair work at Firestone Chevrolet, there is no violation of Section 3(a) or Section 3(b) of the Ethics Act because the purchase price of $100 over invoice was offered to everyone and the repair work was done under warranty. C. Conclusion and Order: 1. You are a "public official" under the State Ethics Act and are subject to the provisions set forth therein. 2. You did not violate either Section 3(a) or 3(b) of the Ethics Act by accepting the free chlorine for your swimming pool. 3. You did not violate Section 3(a) or 3(b) of the Ethics Act as to the car purchase and repair work since the offer to purchase at $100 over invoice was available to everyone and the repair work was done under warranty. 4. The acceptance of the tickets by you was a technical violation of Section 3(a) but not a violation of Section 3(b). 5. You did not violate either Section 3(a) or 3(b) of the Ethics Act as to the offer of blankets, vise grips and flasks from the cable company which were turned over to Pennsylvania Association of First Class Township Commissioners. Mr. Marvin Feller Page 6 That Order, a copy of which is attached hereto and this decision denying reconsideration, shall be made available as public documents five business days after the date of mailing of this Order. Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor acid 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