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HomeMy WebLinkAbout355 DutreyMr. Vernon W. Dutrey R.D. #1 Lewisberry, PA 17339 Re: No. 84 -64 -C Dear Mr. Dutrey: I. Allegation: That you, a violated Section 3(a) of the public official from obtainin by law for himself, a member he is associated by: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 28, 1984 Order No. 355 The State 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: Supervisor and Roadmaster in Warrington Township, Ethics Act, 65 P.S. 403(a), which prohibits a g financial gain other than compensation provided of his immediate family, or a business with which a. Using the Township grader to grade on your property, then paying the Township only half of the value of the use of the grader and asking the Secretary to enter the amount under "dog fines" so the auditors could not ask questions. b. Using Township employees on Township time to install a CB antenna on your home and then to lower it for repairs. c. By telling the contractor for snow - plowing not to plow so that you would be able to work overtime. A. Findings: 1. You have served as a Township Supervisor in Warrington Township since January, 1982 and as such, you are a public official subject to the Ethics Act. 2. You admit using the Township grader in February, 1983, on your personal property and repaying the Township $100 for its use. Mr. Vernon W. Dutrey Page 2 November 28, 1984 a. Minutes of the March 2, 1983 Township Supervisors meeting state that you gave the above information in response to a question from a citizen attending the meeting. b. The other supervisors did not disagree with your statement. 3. Other than the minutes of March 2, 1983, there is no documentation of the period of time you used the grader or method of determining reimbursement to the Township. 4. There is no dispute that the Township was reimbursed $100, but some disagreement on how it was recorded on the Township books. 5. You agree that a Township employee assisted in the installation of the CB antenna on your home. a. This CB installation was used by the Township as its communication base station because of the high altitude of your home. b. Subsequently, two -way radios were purchased and used by the Township to replace the CB installation. c. The CB antenna and base station have been removed from your home and are now stored in the Township building. d. There is no evidence that you realized financial gain from the installation or use of this CB antenna and base station. 6. There is no evidence that you made an arrangement with a contractor to stop snow - plowing so you could work overtime. 7. There is no evidence that you were paid for time you did not work for the Township. B. Discussion: 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). Mr. Vernon W. Dutrey November 28, 1984 Page 3 You violated Section 3(a) of the Ethics Act when you used your office to secure and use the Township grader on your property. However, you have reimbursed the Township. We find no evidence that the Township officials are not satisfied with this arrangement or that it was insufficient reimbursement and we will take no further action on this matter. We found no evidence that you realized financial gain from the installation operation of the CB station. The use of a Township employee to assist with the installation of a Township operation would not violate the Ethics Act and the equipment is now in Township hands. Under these circumstances, we find no violation of Section 3(a) of the Ethics Act. There is no evidence that you made an arrangement with a contractor to stop snow - plowing to allow you to work overtime and we find no violation of Section 3(a). We also found no evidence that you were paid for time not worked and, therefore, find no violation of Section 3(a). C. Conclusion: You violated Section 3(a) of the Ethics Act by using the Township grader on your personal property but you have reimbursed the Township for the use of this grader and we will take no further action. We find no violation of Section 3(a) of the Act in your use of Township employees to install a Township owned and operated CB antenna and base station. There is also no evidence that you arranged with a contractor not to plow snow so that you would be able to work overtime or that you were paid for time not worked and, therefore, we find no violation of Section 3(a) in these matters. II. Allegation: That you, a Township Supervisor in Warrington Township, violated Section 3(a) as set forth above and /or 3(b) of the Ethics Act, 65 P.S. 403(a) and (b), which prohibits a public official from soliciting or accepting anything of value with the understanding that his vote /official action or judgment would be influenced by the thing of value by: a. Ordering campaign pens and posters for Supervisor Tony Carrozza and campaigning for him while getting paid to work by the Township. b. Using Township labor and equipment to cut and deliver a load of wood to Supervisor Carrozza. A. Findings: In addition to the findings Number 1 - 7 set forth above, we make the following: 8. You agree that you supported Mr. Carrozza in his campaign for election to a supervisor's office. Mr. Vernon W. Dutrey November 28, 1984 Page 4 9. You deny campaigning for him on Township time. 10. There is no evidence that you campaigned for him on Township time. 11. There is no evidence that you accepted, solicited, or offered anything of value for your support with the understanding that your official actions would be influenced. 8. Discussion: Section 3(a) applies here and has already been cited. In addition, Section 3(b) of the Ethics Act states: 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). There is no evidence that you campaigned on Township ,time or solicited, accepted, or offered anything of value for your support and, therefore, we find no violation of Sections 3(a) or 3(b) of the Ethics Act. C. Conclusion: We find no violation of Section 3(a) or 3(b) of the Ethics Act in your campaigning for Mr. Carroza and will take no further action. 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 this7rder, may violate this confidentiality by releasing, discussing or circulating this Order. Mr. Vernon W. Dutrey November 28, 1984 Page 5 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). EMS /na By the Co '• issi rbe B. Conner C ha i man