HomeMy WebLinkAbout1039 HolveyIn re: Roland H. Holvey
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Before: Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Allan M. Kluger
Boyd E. Wolff
Julius Uehlein
Louis W. Fryman
ORDER 1039 -2
File Docket: 95- 018 -C2
: Date Decided: 4/30/98
: Date Mailed: 5/11/98
Whereas, this Commission issued Holvey, Order 1039 on March 7, 1997; and
Whereas, this Commission ruled in Holvey, Order 1039 that:
Roland Holvey, as Director of the Northumberland County Area Vo- Technical
School (NCAVTS), violated Section 3(a) of Act 9 of 1989 when he used the authority
of office to obtain a private pecuniary benefit for his spouse Barbara Holvey when he
hired her, without operating agency approval, to teach adult courses at NCAVTS;
Holvey violated Section 3(a) of Act 9 of 1989 when he approved a paid personal
day for Barbara Holvey at NCAVTS in that only professional employees were entitled
to paid personal days; and
Holvey was required to pay a treble penalty in the amount of 55,864.61;
Whereas, Holvey timely appealed Order 1039 to Commonwealth Court which
appeal was filed at Docket No. 815 C.D. 1997; and
Whereas, Commonwealth Court filed a Memorandum Opinion and Order on
February 2, 1998 affirming the finding of violations but reversing as to the imposition
of a treble penalty; and
Whereas, Commonwealth Court remanded this case to this Commission for the
imposition of an appropriate penalty.
Wherefore, upon review, the following appears applicable:
The parties, Holvey and the Investigative Division, were notified of a further
proceeding before the Commission regarding the remand as to the penalty; and
The parties chose to submit the case based upon their respective positions as
set forth in submitted letters.
Therefore, based upon the foregoing and our review of the record and the
respective positions of the parties, it is ordered that:
1. The appropriate penalty is $1954.87, being the amount of the private pecuniary
benefit received for teaching the 1994 adult program.
2. Holvey is directed to pay $1954.87 through this Commission to the NCAVTS
within thirty days of the date of mailing of this Order. Failure to comply will
result in the institution of an order enforcement action.
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By the Commission
DANEEN E. REESE, CHAIR