HomeMy WebLinkAbout990 BarronIn Re: JOHN W. BARRON
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Before:
Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Roy W. Wilt
Allan M. Kluger
John R. Showers
Rev. Joseph G. Quinn
Boyd E. Wolff
File Docket: 91 -031 -C
Date Decided: 12/7/95
Date Mailed: 12/15/95
The Investigative Division of the State Ethics Commission
conducted an investigation regarding a possible violation of the
State Ethics Law, Act 170 of 1978, P.L. 883. Written notice of the
specific allegation(s) was served at the commencement of the
investigation. A Findings Report was issued and served upon
completion of the investigation which constituted the Complaint by
the Investigation Division. An Answer was filed and a hearing was
deemed waived. The record is complete. This adjudication of the
Commission is hereby issued which sets forth the individual
Allegations, Findings of Fact, Discussion, Conclusions of Law and
Order.
This adjudication is final and will be made available as a
public document fifteen days after issuance. However,
reconsideration may be requested which will defer public release of
this adjudication pending action on the request by the Commission.
A request for reconsideration does not affect the finality of this
adjudication. A reconsideration request must be received at this
Commission within fifteen days of issuance and must include a
detailed explanation of the reasons as to why reconsideration
should be granted in conformity with 51 Pa. Code §2.38.
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978. Any person who violates
confidentiality of the Ethics Law is guilty of a misdemeanor
subject to a fine of not more than $1,000 or imprisonment for not
more than one year. Section 9(e) of Act 170 of 1978.
Confidentiality does not preclude discussing this case with an
attorney at law.
Barron, 91 -031 -C
Page 2
I . ALLEGATION:
That John Barron, Coroner for Cambria County, violated the
following provisions of the State Ethics Act (Act 170 of 1978),
when he selected and utilized his personal residence as Cambria
County Coroner's Office and was compensated therefore in excess of
$500 per year.
II. FINDINGS
(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. 5403(a).
(c) 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. 65 P.S. §403(c).
1. A signed, sworn Complaint was received by the Investigative
Division of the State Ethics Commission on May 10, 1991,
alleging that Respondent, John W. Barron, violated the
provisions of the Public Official and Employee Ethics Law.
2. Upon review of the Complaint by the Director of Investigations
of the Investigative Division of the State Ethics Commission,
a recommendation was made to the Executive Director of the
State Ethics Commission to commence a preliminary inquiry.
Barron, 91 -031 -C
Page 3
3. On May 23, 1991, the Executive Director of the State Ethics
Commission authorized commencement of a preliminary inquiry
regarding the allegations that Respondent, John W. Barron,
violated the Ethics Act, Act 170 of 1978.
4. Upon completion of the preliminary inquiry, the matter was
reviewed by the Executive Director of the State Ethics
Commission.
5. On November 6, 1991, a letter was forwarded to Respondent by
the Executive Director of the State Ethics Commission
informing Respondent of the fact that a complaint against him
was received by the Investigative Division of the State Ethics
Commission and that a full investigation was being commenced.
a. Said letter outlined the nature and scope of the
allegations and further delineated the applicable
sections of the Ethics Law in question.
6. The full investigation was then commenced at the direction of
the Executive Director.
7. On November 7, 1995, the Investigative Division of the State
Ethics Commission issued an Investigative Complaint and
Findings Report to the Respondent.
8. John Barron served in the Cambria County Coroner's Office from
July 11, 1977, through March, 1993.
a. Barron became attached to the Cambria County Coroner's
Office in 1977, assisting Coroner Joseph Govekar in the
identification of victims of a severe flood in the
Johnstown area.
b. He was subsequently appointed Chief Deputy Coroner by
Coroner Govekar.
c. Barron was appointed Acting Coroner in 1978, by Governor
Schapp upon the death of Coroner Govekar.
d. Barron was elected to the office of Coroner in 1979, and
began serving his first term in 1980.
e. Barron resigned as Cambria County Coroner in order to run
for election to the position of District Magistrate, an
effort which was successful.
9. Cambria County did not provide for a Coroner's Office in a
county building until 1992.
a. It was an established past practice that the coroner
maintain the Coroner's Office in his home.
Barron, 91 -031 -C
Page 4
10. During the years that Barron worked for Govekar, the Coroner's
Office was located in Govekar's personal residence:
a. Cambria County did not reimburse Govekar for the use of
his personal residence.
11. In 1978, as acting coroner, Barron moved the Coroner's Office
to his personal home.
a. Barron changed his personal residence several times
during his tenure as coroner, leading to the relocation
of the Cambria County Coroner's Office to these new
residences.
12. Cambria County supplied and /or reimbursed the Coroner's Office
with the following:
a. Mileage reimbursement for use of personal vehicles until
the county purchased a vehicle in mid 1980's;
1. Prior to the county purchasing a vehicle for the
Coroner's Office, there were numerous occasions
where it was necessary for Barron to transport
decomposing bodies in his personal vehicle.
b. Separate telephone line installation, payment of
telephone bills, and in the late 1980's, an answering
service;
c. A used copier in the mid- 1980's which subsequently broke
down;
d. A computer in 1989/1990 to replace the one purchased by
Barron in 1983/1984;
e. Regularly used forms, such as Field Slips;
f. Two used file cabinets.
13. As Coroner, Barron personally supplied items for the office
necessary to perform his duties, including, but not limited to
the following: Desk, chairs, telephone, file cabinets,
computer, computer table, paper, pens /pencils, rubber gloves,
needles and syringes.
14. The Coroner's Office had to be accessible at all times to the
Deputy Coroners who were supplied with keys, and when
applicable, security access codes.
a. The functions of the Coroner's Office required the office
to be accessible 24 hours a day, 365 days a year.
Barron, 91 -031 -C
Page 5
b. Barron had two full -time employees in the positions of
Chief Deputy and Deputy.
15. By necessity, the Coroner's Office was the central point of
investigation often facilitating meetings of law enforcement
personnel and /or families of deceased.
a. Meetings took place at varying times during the day and
night.
b. Meetings often necessitated the use of additional areas
of the Coroner's home.
16. In approximately 1980, after being elected to the Office of
Coroner, Barron first asked the Cambria County Commissioners
to provide space for the Coroner's Office.
a. Barron had not made the request in 1978 or 1979, because
he only held the position of Acting Coroner.
b. Barron made his request at the Annual Budget session.
c. The commissioners did not provide the Coroner's Office
with space.
17. Barron continued to request office space for the Coroner's
Office each year after 1980 at the budget sessions with the
commissioners.
a. Barron believed it was the responsibility of the
Commissioners to provide space, and not his
responsibility to find space.
18. Barron regularly attended the Annual Conventions of the
Pennsylvania State Coroner's Association, and had served as
President and Vice- President.
a. The subject of reimbursement for use of a coroner's home
was the Coroner's Office was raised at a convention.
19 Robert Weinert, Solicitor for the Pennsylvania State Coroner's
Association, advised the members that it was appropriate to
request reimbursement from their respective county
commissioners for the expenses incurred in maintaining the
Coroner's Office in their respective homes.
a. Expenses specifically named by Weinert included fuel,
equipment, telephone, insurance, furniture, light, and
janitorial services.
Barron, 91 -031 -C
Page 6
b. This advice preceded Barron's request for reimbursement.
c. Weinert issued an advisory letter to the Warren County
Coroner, Ronald W. Simonsen, on September 26, 1980,
wherein he opined that the county, rather than the
coroner, should pay the office expenses of the Coroner's
Office.
20. In response to questions from members of the State Coroner's
Association, Weinert issued advice that the average monthly
reimbursements to Coroners by counties was $250 -$300, to the
following:
a. December 11, 1987, to Forest County Coroner, James
Haslet.
b. October 4, 1988, to Venango County Coroner, Edward
Gabrys.
c. Barron became aware of this advice through his
involvement with the Association.
21. In 1981 the Cambria County Commissioners offered to reimburse
Barron in the amount of $200.00 per month to defray his
expenses.
a. This was in lieu of providing office space.
b. The Commissioners preferred to keep the Coroner's Office
in the coroner's home as had been past practice.
22. Barron based his acceptance of the County Commissioner's offer
to reimburse him for expenses of the Coroner's Office, on
Advice given by the State Coroner's Association Solicitor,
Robert Weinert.
a. The commissioners requested the opinion of the County
Solicitor before approving the reimbursement.
23. Minutes of the March 26, 1981, meeting of the Cambria County
Commissioners reflect the following in regard to the approval
of payments to Coroner John Barron for office rental:
"Motion by Joseph P. Roberts to approve payment in the amount
of $200 per month to Coroner John Barron for office rental,
effective January 1, 1981."
"Motion seconded by W. Donald Templeton and carried
unanimously."
Present: W. Donald Templeton, Joseph P. Roberts.
Barron, 91 -031 -C
Page 7
24. In 1984, the Cambria County Commissioners raised the amount of
the reimbursement paid to Barron from $200 to $400 per month.
a. The reimbursement remained the same through 1992, when
the Coroner's Office was moved to a separate facility.
25. The January 5, 1984, minutes of the Cambria County
Commissioner's meeting reflect the following approval of an
increase in rent for the Coroner's Office.
"Motion by Ron Stephenson to approve an increase in the rental
of the Coroner's Office to $400 per month, effective January
1, 1984."
"Motion seconded by T.T. Metzger, Jr., and carried
unanimously."
Present: Joseph P. Roberts; Ron Stephenson; T.T. Metzger,
Jr.
26. In 1992, the Cambria County Commissioners provided space for
the Coroner's Office in a Johnstown Office building that also
housed the County Domestic Relations Office.
27. It is Barron's opinion that the decision to provide space for
the Coroner's Office was predicated on three things:
a. Conemaugh Hospital had been certified as a Trauma Center
which significantly increased the workload of the Cambria
County Coroner's Office.
b. The County Controller questioned the "rent" payments to
Barron. The form of payment was subsequently changed to
an "administrative fee."
c. The commissioners became aware of the Ethics Commission
investigation of the "rent" payments made to Barron for
the use of his home as the Coroner's Office.
28. By way of letter dated November 20, 1991, Attorney Robert
Weinert, Solicitor for the Pennsylvania State Coroner's
Association, provided as follows:
a. The practice of the County Commissioners compensating the
Coroner for the use of his home, is and has been followed
in approximately 80% of the counties since the adoption
of the County Code in 1955 and before.
b. According to Section 508, the County Commissioners are
required to provide space to the Coroner, however, the
space does not have to be provided in the County
Courthouse or the County Seat.
Barron, 91 -031 -C
Page 8
c. The Coroner is not using the authority of his in
order to secure pecuniary benefits, the County
Commissioners are extending him the benefits as they are
mandated to do under the law.
29. The County Code specifies the county offices which are
required to be maintained in a county building, courthouse or
other buildings at the County Seat.
a. The County Commissioners are responsible for furnishing
the office space.
b. The Coroner's Office was not required to be maintained at
the County Seat.
30. Section 405 of the County Code- Location of Offices, Records
and Papers, states the following:
a. The commissioners, Auditors, Controller, Treasurer,
Sheriff, Recorder of Deeds, Prothonotary, Clerk of Courts
of Quarter Sessions and oyer and terminer, Clerk of
Orphans Court, Register of Wills, Recorder of Deeds and
District Attorney shall keep their respective offices,
and all public records and papers belonging thereto at
the County Seat, and in such buildings as may be erected
or appropriated for such purpose ....
b. The county commissioners shall furnish each of such
officers with an office in the county building,
courthouse or other building at the county seat.
31. The County Code assigns responsibility for providing office
space, equipment and supplies to the county.
a. Section 508(a) states that the commissioners are to
designate space for offices not required to be kept in
the county courthouse or county seat.
b. Section 508(b) states that the county shall incur the
cost of supplying all items specified in Section 508(a)
to the offices not specified in Section 405.
32. Section 508 of the County Code states, in part, the following:
a. Office furniture, stationary, etc.,
(a) the County Commissioners, at the cost
of the county, shall purchase and provide the
office furniture, equipment and supplies,
blank books, blanks, dockets, books for
records, stationery, postage, fuel, light and
Barron, 91 -031 -C
Page 9
janitor and telephone service, required for,
each of the county officers whose offices are
located in the county buildings or at such
other places at the County Seat as may be
designated by the commissioners, and all
supplies used by the public in connection with
such offices. [emphasis added]
(b) The County Commissioners, at the
cost of the county, shall purchase and provide
all of the same items as needed for each of
the county officers whose offices are not
required by law to be kept and maintained in
county buildings or at the County Seat.
33. Barron was paid "rent" by Cambria County for use of his home,
to provide space for the Coroner's Office in 1981, 1982 and
1983, in the amount of $200 per month.
a. Barron received payments totaling $2,400.00 per year in
1981, 1982 and 1983.
b. Barron received total payments in the amount of $7,200.00
during this time period.
34. Barron was paid "rent" by Cambria County for use of his home,
to provide space for the Coroner's Office from 1984, through
March, 1991, in the amount of $400 per month.
a. These payments were made to help defray the costs of
operating the Coroner's Office.
b. Barron received a total of $4,800 per year.
c. Barron received total payments in the amount of $34,800
during this time period
35. The word "rent" was chosen by the county commissioners, not by
Barron.
a. Rent included use of the physical space as well as other
expenses incurred by Barron to maintain the office.
36. Records of the Cambria County Controller's Office include
computer records of "rent" payments in the amount of $400.00
per month, made to John Barron for use of his home as the
Coroner's Office between December, 1986, and February, 1991.
Barron, 91 -031 -C
Page 10
a. 1987 payments
CHECK NUMBER
60278
61422
63021
64604
66004
67555
69046
70570
71895
73135
74369
75813
CHECK NUMBER
77174
78300
79841
81121
82452
84279
85560
86758
88322
89475
91004
92573
CHECK NUMBER
93691
95191
96355
97602
98793
100512
101655
103295
104529
105588
106341
107476
d. 1990 payments
CHECK NUMBER
were made as follows:
DATE
December 31, 1986
January 30, 1987
February 27, 1987
April 3, 1987
April 30, 1987
May 29, 1987
June 30, 1987
July 31, 1987
August 31, 1987
September 30, 1987
October 30, 1987
November 27, 1987
b. 1988 payments were made as follows:
PATE
December 31, 1987
January 29, 1988
February 29, 1988
March 31, 1988
April 29, 1988
May 31, 1988
June 30, 1988
July 25, 1988
August 26, 1988
September 26, 1988
October 28, 1988
November 28, 1988
c. 1989 payments were made as follows:
PATE
December 27, 1988
January 31, 1989
February 23, 1989
March 31, 1989
April 24, 1989
May 31, 1989
June 26, 1989
July 28, 1989
August 25, 1989
September 29, 1989
October 31, 1989
November 30, 1989
were made as follows:
DATE
Barron, 91 -031 -C
Page 11
108822 January 1, 1990
109837 January 31,1990
110836 February 28, 1990
111805 March 30, 1990
113040 April 30, 1990
114086 May 25,1990
115187 June 30, 1990
116122 July 31, 1990
117019 August 31, 1990
117692 September 30, 1990
118578 October 31, 1990
119883 November 30, 1990
e. 1991 payments were made as follows:
CHECK NUMBER PATE
120329 December 31, 1990
122324 January 31, 1991
123447 February 28, 1991
37. The April 11, 1991, minutes of the Cambria County
Commissioner's meeting reflect the approval of a reimbursement
in the amount of $400 per month to the Coroner for
Administrative fees to be effective March 1, 1991.
a. The motion was predicated by the concern raised by the
County Controller over the terminology used in the
existing payments to the Coroner.
b. Payments up to this point in time had been termed "rent"
as opposed to "administrative fee."
38. The April 11, 1991, minutes of the Cambria County
Commissioners reflect the following motions regarding payments
to the Coroner's Office.
"Motion by Kathy L. Holtzman to rescind the resolution paying
the Coroner's Office a rental fee in the amount of $400 per
month."
"Motion seconded by Ron Stephenson and carried unanimously."
"Motion by Ron Stephenson to approve payment of a
reimbursement in the amount of $400.00 per month to the Office
of Coroner, for Administrative Fees, effective March 1, 1991."
"Motion seconded by Kathy L. Holtzman and carried
unanimously."
Present: Joseph P. Roberts, Ron Stephenson, Kathy L.
Holtzman.
Barron, 91 -031 -C
Page 12
Payment
amended
39. Payments
provided
building
f.
to the Coroner's Office beginning April, 1991, was
to read "Administrative Fee."
discontinued in 1992, when the County Commissioners
space for the Coroner's Office in a Johnstown
40. Cambria County issued 1099 Miscellaneous Income Statements to
John Barron to account for the money paid to him in the form
of rent.
41. The following Statements of Financial Interests were on file
with the Cambria County Board of Elections for John Barron:
a. Filing Date: March 8, 1991
For the Year: 1990
Source of Income: Cambria County and Johnstown VO -Tech
Office, Directorship or Employment in any Business: AAA,
Mid -State Johnstown- Advisor Board
Real Estate Interests: Service rent for Coroner's
Office, Cambria County, Ebensburg, PA
All other Financial Interest categories: None
b. Filing Date: April 17, 1990
For the Year: 1989
Source of Income: Cambria County & Vo -Tech School
Office, Directorship or Employment: AAA - Director
All other Financial Interest categories: None
c. Filing Date: April 17, 1989
For the Year: 1988
Source of Income: Johnstown Vo -Tech & Cambria County
Creditors: Moxham National Bank - Interest rate not
listed.
All other Financial Interest categories: None
d. Filing Date: March. 16, 1988
For the Year: 1987
Source of Income: Municipal Police Training Academy,
Vo -Tech & Cambria County
Office, Directorship or Employment: Mid State Auto Club,
AAA - Advisory Board Member
All other Financial Interest categories: None
e. Filing Date: February 19, 1987
For the Year: 1986
Source of
Office or
All other
Position:
Income: Vo -Tech Municipal Police Academy
Directorship: Mid State Auto Club- Director
Financial Interest Categories: None
Coroner
Filing Date: April 9, 1986
Barron, 91 -031 -C
Page 13
For the Year: 1985
Source of Income: Vo -Tech School & Cambria County
Office Directorship: Mid State Auto Club - Director
All other Financial Interest categories: None
g. Filing Date: April 21, 1985
For the Year: 1984
Source of Income: Cambria County & Johnstown Vo Tech
Office or Directorship: Mid State Auto Club - Director
All other Financial Interest categories: None
42. Barron reported the payments as "rent" on his Statement of
Financial Interests filed for the year 1990.
a. The change in reporting was caused by the County
Controller's questioning of the payments.
43. Barron reported the payments he received from Cambria County
as income.
a. Barron did not consider the payments as "rent ", and
applied the funds toward the expenses of the Coroner's
Office.
b. The funds received from the County did not cover the
expenses of the Coroner's Office, causing Barron to
expend personal funds to cover office expenses.
c. The payments were given to Barron by the commissioners in
lieu of the office space that Barron repeatedly
requested.
II D ISCUS S ION:
As Coroner for Cambria County, John W. Barron, hereinafter
Barron, was a public official as defined under Act 170 of 1978. As
such, his conduct is subject to the provisions of the Ethics Law
and the restrictions therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989 provides, in part, as follows:
This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
of the violation occurred prior thereto.
Barron, 91 -031 -C
Page 14
Since the occurrences in this case transpired before the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 170 of 1978 to determine whether the Ethics Act
was violated.
Under Section 3(a), quoted above, this Commission has
determined that use of office by a public official to obtain a
financial gain for himself or a member of his immediate family or
a business with which he is associated which is not provided for in
law transgresses the above provision of law. Thus, use of office
by a public official to obtain a financial gain which is not
authorized as part of his compensation is prohibited by Section
3(a): Moak /McCutcheon v. State Ethics Commission, 77 Pa. Commw.
Ct. 529, 466 A.2d 283 (1983); Yacobet v. State Ethics Commission,
109 Pa. Commw. Ct. 432, 531 A.2d 536 (1987).. Similarly, Section
3(a) of the Ethics Act would prohibit a public official /employee
from using public office to advance his own financial interests;
Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19, 540 A.2d
1374 (1988), allocatur denied, 520 Pa. 609, 553 A.2d 971 (1988).
In addition, Section 3(c) of Act 170 of 1978 specifically
provides in part that no public official or member of his immediate
family or business with which he or a member of his immediate
family is a director, officer, owner or holder of stock exceeding
five percent of the equity at fair market value may enter into a
contract with his governmental body valued at five hundred dollars
or more unless the contract is awarded through an open and public
process including prior public notice and subsequent public
disclosure.
We must determine whether John Barron, as Cambria County
Coroner, violated either Section 3(a), the use of office provision,
or Section 3(c), the contracting provision, of Act 170 of 1978
regarding the allegation that he solicited and utilized his
personal residence as the Cambria County Coroner's Office for which
he received compensation in excess of $500 per year.
In Cambria County, it was an established practice for the
Coroner to have the his office in his personal residence in that
the County did not provide any office space. In 1978 when Barron
became acting Coroner, he moved the Coroner's office into his
personal home which office location changed every time Barron moved
to another home. The Coroner's office had to be accessible at all
times on a 24 hours a day, 365 days a year basis in that the
Coroner's office was the central point of investigations.
Cambria County supplied the Coroner's office with certain
expenses or equipment: mileage reimbursement, separate telephone
line installation with the payment of telephone bills and an
answering service, a used copier, a computer, forms and two file
cabinets. However, Barron personally supplied the following items
for his office: desk, chairs, telephone, file cabinets, computer,
Barron, 91 -031 -C
Page 15
computer table, paper, pens /pencils, rubber gloves, needles and
syringes.
After Barron was elected to the Office of Coroner in 1980, he
requested the County Commissioners, without success, to provide
space for the Coroner's Office. Barron continued making such
requests every year thereafter because he believed it was the
County's responsibility to provide office space.
When Barron attended the annual conventions of the
Pennsylvania State Coroner's Association (PSCA), the subject of
reimbursement to a coroner for the use of his home as a coroner's
office was discussed. The PSCA Solicitor advised that it was
appropriate for coroners to request reimbursement from their
respective county commissioners for expenses incurred in
maintaining coroner's offices in their homes. The Solicitor stated
that reimbursable expenses included fuel, equipment, telephone,
insurance, furniture, light, and janitorial services. The
Solicitor issued a letter that the average monthly reimbursement to
coroners was $250 -$300 as to the Forest and Venango Counties.
In 1981, the Cambria County Commissioners offered to reimburse
Barron $200 a month to defray his expenses in lieu of providing
office space. The Commissioners preferred to keep the Coroner's
Office in the Coroner's home. Barron accepted the monthly payment
based upon the advice given by the PSCA Solicitor.
In 1984, the Cambria County Commissioners raised the amount of
reimbursement paid to Barron from $200 to $400 per month. That
reimbursement remained at $400 per month until 1992 when the County
Commissioners moved the Coroner's Office to a separate facility.
Barron states that the County Commissioners in 1992 decided to
provide space for the Coroner's Office for the following three
reasons: the certification of a trauma center increased the
workload of the Cambria County Coroner's Office; the County
Controller questioned the "rent" payments to Barron so that the
designation of the payment was changed from "rent" to
"administrative fees "; and the Commissioners became aware of this
Commission's investigation of the "rent" payments made to Barron
for the use of his home.
The PSCA Solicitor, in a letter dated November 20, 1991,
stated that county commissioners compensate the coroner for use of
his home in 80% of the counties and that county commissioners under
Section 508 of the County Code are required to provide space to the
coroner which space does not have to be in the courthouse. The
Solicitor opined that a coroner does not use the authority of
office to secure a financial gain because the county commissioners
in paying such expenses are providing benefits which are mandated
by law.
Barron, 91 -031 -C
Page 16
Although the County Code does not require that the coroner's
office be maintained at the county seat, Section 508 of the County
Code does assign the responsibility for providing office space,
equipment and supplies to the county. Section 508(a) states that
the commissioners are to designate space for offices not required
to be kept in the county courthouse and that the county shall incur
the cost of supplying such office space, equipment and supplies.
Although Barron was paid rent by Cambria County for the use of
his home to provide space for the Coroner's office from 1984
through 1991, the term "rent" was chosen by the County
Commissioners and not by Barron. In fact, on April 11, 1991, the
minutes of the Cambria County Board of Commissioners reflect a
change in terminology from "rent" to "administrative fees" relative
to the monthly payments made to the Coroner. Such payments
continued until 1992 when the County Commissioners provided space
for the Coroner's Office in a Johnstown building. Lastly, since
the funds received by Barron from the County did not cover the
expenses of the Coroner's Office, Barron expended his own personal
funds to cover office expenses.
In applying the provisions of Section 3(a) of Act 170 of 1978
to the instant matter, we find no violation for the reason that
Barron did not obtain a financial gain in this case. Since the
record reflects that the funds received from the County did not
cover the expenses of the Coroner's Office which caused Barron to
expend his personal funds, he did not receive a financial gain but
a loss. Accordingly, Barron did not violate Section 3(a) of Act
170 of 1978. In light of the above, we need not address the
questions of whether there was a use of office by Barron or whether
the expenses /reimbursements by the County were compensation
provided for by law.
As to Section 3(c) of Act 170 of 1978, we find no violation of
the contracting provision. The facts of record make it clear that
there was no contract in this case in that Barron was forced to
utilize his personal home as a Coroner's Office since the County
refused to provide space even though mandated by the County Code.
The facts reflect that there was no agreement between Barron and
the County to rent his home for the Coroner's Office. Barron
requested office space from the County Commissioners who did not
grant Barron's request but instead gave him expenses which were
denominated as "rent ". Such "rent" was in reality expense
reimbursements. The County Commissioners subsequently changed the
designation from "rent" to "administrative fees ". Hence, under the
particular facts of this case, there was no agreement or contract
but merely the payment of expenses or reimbursements to Barron.
Accordingly, there was no violation of Section 3(c) of Act 170 of
1978.
Barron, 91 -031 -C
Page 17
IV. CONCLUSIONS OF LAW:
1. John Barron, as the Coroner for Cambria County, was a public
official subject to the provisions of Act 170 of 1978.
2. Barron did not violate Section 3(a) of Act 170 of 1978
regarding the utilization of his personal residence as the
Cambria County Coroner's Office in that he did not obtain any
financial gain.
3. Barron did not violate section 3(c) of Act•170 of 1978 as to
the utilization of his personal residence as the Cambria
County Coroner's Office in that there was no contract between
Barron and the County.
In Re: JOHN W. BARRON
ORDER NO. 990
1. John Barron, as Cambria County Coroner,_ did not violate
Section 3(a) of Act 170 of 1978 regarding the utilization of
his personal residence as the Cambria County Coroner's Office
in that he did not obtain any financial gain.
2. Barron did not violate section 3(c) of Act 170 of 1978 as to
the utilization of his personal residence as the Cambria
County Coroner's Office in that there was no contract between
Barron and the County.
File Docket: 91 -031 -C
Date Decided: 12/7/95
Date Mailed: 12/15/95
BY THE COMMISSION,
e&map/K) atag....i
DANEEN E. REESE, CHAIR