HomeMy WebLinkAbout48 Henderson (2)Mr. John A. Henderson
Superintendent
Susquenita School District
R. D. #1
Duncannon, PA 17020
Dear Mr. Henderson:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
June 25, 1981
No. 48
#81 -33 -C (1 -2)
#81 -39 -C
#81 -29 -C (2 -2)
The State Ethics Commission has completed its investi-
gation into the allegations regarding you and a possible
violation of Act 170 of 1978 and finds no violation of that
Act.
The individual allegations and findings on which our
conclusion is based are:
Allegation: That you, as Superintendent of Susquenita
School District, authorized the installation of pipes and
pumps at a well and stream.
Conclusion: Section 3(c) of the Ethics Act requires that:
No public official or public employee or a member of
his immediate family or any business in which the
person or a member of the person's immediate family is
a director, officer, owner or holder of stock exceeding
5% of the equity at fair market value of the business
shall enter into any contract valued at $500 or more
with a governmental body unless the contract has been
awarded through an open and public process, including
prior public notice and subsequent public disclosure of
all proposals considered and contracts awarded. Any
contract made in violation of this subsection shall be
voidable by a Court of competent jurisdiction if the
suit is commenced within 90 days of making of the
contract.
You agreed that the work was done and a bill for $2900
processed and approved by the School Board. There was no
open and public process as required by Section 3(c) for
contracts of $500 or more between public officials /employees
and their governmental body.
Mr. John A. Henderson
June 25, 1981
Page -2-
Section 3(a) of the Ethics Act requires that "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."
Section 3(b) requires that:
No person shall offer or give to a public official or
public employee or candidate for public office or a
member of his iirnuediate 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.
You did not violate any of these Sections.
In reviewing this transaction, the Commission finds
that you, as a public official, should be made aware of the
requirements of the Ethics Act and that you are expected to
meet these requirements in all future transactions.
All files in this case will remain confidential.
However, this Order is final and will become available as a
public document within 15 days unless you file documentation
with the Commission which justifies reconsideration and /or
challenges pertinent factual findings made.
Until this 15 -day period has expired, NO ONE, including
the Respondent- addressee, may violate the confidentiality of
these proceedings by releasing, discussing or circulating
this Order. Any person who violates the confidentiality of
a Couuuission proceeding is guilty of a misdemeanor and shall
be fined not more than $1000 or imprisoned for not more than
one year or both, see 65 P.S. 409(e).
PJS /jc
Sincerely yours,
a ul J. ith
Chairm