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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