HomeMy WebLinkAbout49 Simmons (2)STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
June 25, 1981
No. 49
Mr. Dale F. Simmons
R. D. #3
Box 257
Duncannon, PA 17020
Dear Mr. Simmons: #81 -34 -C (2 -2)
#81 -39 -C
The Pennsylvania State Ethics Commission has completed
its investigation of your Board's actions regarding Mr. M.
J. Wolpert's installation of water pumps for the School
District and the subsequent payment of this work to Mrs.
Wolpert.
The individual allegation and findings on which our
conclusion is based are:
Allegation: That the Board's involvement in this transaction
including the payment of $2900 to Mrs. Wolpert for labor,
pipe, and pump installation was in violation of Act 170.
Conclusion: Section 3(c) of Act 170 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.
Mr. Dale F. Simmons
June 25, 1981
Page -2-
There was no open and public process in this action.
In reviewing the work and payment in this case, although
there is no per se violation of Section 3(c) as to you, the
Coi:unission finds that each School Director, as a public
official, must be alert to the requirements of the Ethics
Act. This very simply means that any contracts between
public officials /employees and their governmental body must
be made only after an open and public process. Your cooper-
ation in insuring full compliance with this law is expected
as to 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 confntiality of
these proceedings 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).
PJS /jc
Sincerely yours,
Paul J. ith
Chairman