HomeMy WebLinkAbout599 MaddichMr. Nick Maddich
R.D. #1
Rices Landing, PA 15357
Re: 85 -096 -C
Dear Mr. Maddich:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 599
DATE DECIDED: October 14, 1987
DATE MAILED: October 20, 1987
The Ethics Commission has reviewed the allegation(s) that you have
violated the Ethics Act, Act 1978 -170. The nature of the alleged violation(s)
is as follows:
I. Allegation: That you, a Supervisor in Cumberland Township, are in
violation of Section 3(a) of the Ethics Act which prohibits a public
official's use of his office or confidential information gained through that
office for financial gain other than compensation provided by law because you
are collecting roadmaster wages but are not performing the work for which you
are responsible and being paid.
A. Findings:
1. You serve as an elected Township Supervisor in Cumberland Township, Green
County, Pennsylvania.
a. You have served in this position since January, 1983.
2. You were appointed to the position of township roadmaster when you took
office as a township supervisor.
3. As part of your roadmaster position, you assert that you perform the
following duties: road repair, cutting trees, road inspection, snow plowing,
crew assignment and other maintenance functions.
5. The township maintains time slips for employees of the township.
a. Township supervisors prepare their own time reports.
6. There was no evidence to indicate that you are paid by the township for
hours worked when such work is not completed.
Mr. Nick Maddich
PLge 2
B. Discussion: As a Township Supervisor you are a public official as that
term is defined in the State Ethics Act. 65 P.S. §402. As such, you are
subject to the requirements of the Act. Sowers, 80 -050
The 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).
This provision would, of course, prohibit a public official, including a
township supervisor, from using his position to compensate himself with
township funds for work not performed. See, Julian, No. 472 -R.
In the instant situation, there was no evidence to indicate that you used
your official position to obtain a financial gain as outlined above. As such,
we find no violation of the State Ethics Act.
C. Conclusion and Order: There was no evidence to indicate that you used
your position as township supervisor to compensate yourself with township
funds for work not performed. As such, we find no violation of 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,
,!r. szfArl.c". Q
G. Sieber Pancoast
Chairman