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HomeMy WebLinkAbout746 WallinIn re: Edward Wallin STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 86 -153 -C : Date Decided: May 47, 1990 : Date Mailed: May 29, 1990 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair James M. Howley Daneen S. Reese The State Ethics Commission received a complaint regarding a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 401 et. seq. 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 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, however, 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 the Ethics Act, 65 P.S. 408(a) during the fifteen day period and no one unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, confidentiality does not preclude discussing this case with an attorney at law. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year, 65 P.S. 409(e). ADJUDICATION I. Allegation: That you, former Liberty Township Supervisor, McKean County, violated the following provisions of the Ethics Act, (Act 170 of 1978), when you voted to set the salary of your wife who served as township secretary /treasurer: 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). A. Findings: 1. You served as a Township Supervisor in Liberty Township, McKean County, during the years 1981 through 1986. a. You resigned this position sometime during the year 1986. 2. In October of 1981, former Liberty Township Secretary /Treasurer, Hugh Thompson, resigned from that position. 3. Mary Wallin was appointed to replace Mr. Thompson. a. Mary Wallin is your spouse. 4. Minutes of the Liberty Township Board of Supervisors indicate the following regarding the hiring of Mary Wallin as Liberty Township Secretary /Treasurer and the salary paid to her in that position during the years 1981 through 1986: October 5, 1981: Records indicated that Township Supervisors Howard Mantz and Ed Wallin were present. Minutes indicated that Mary Wallin was appointed secretary /treasurer to replace Mr. Hugh Thompson who resigned in September, 1981. Her salary was recorded as being $500 per month. Records further indicated that a motion was made by Supervisors Mantz that the newly appointed Secretary, Mary M. Wallin, should be added to the Insurance Plan. This motion was seconded by Supervisor Wallin. January 4, 1982: The organization meeting of the township supervisors was held with Chairman Howard Mantz and Edward Wallin present. Records indicated that Mary Wallin as Township Secretary /Treasurer was among the slate of officers presented for the coming year. Records reflect that the slate of officers including Mary Wallin were approved by the Board of Supervisors. No role call vote or abstention by any of the Supervisors was recorded. Mr. Edward Wallin Page 3 January 3, 1983: Reorganization meeting of the township supervisors was held on this date. Mary Wallin, Township Secretary /Treasurer, was among the slate of officers presented. Records indicated that the meeting was called to order by Chairman Howard Mantz and that Supervisor Ed Wallin was present. Records reflect that the slate of officers for the year were approved by the board of supervisors. January 9, 1984: The reorganization meeting of the township was held on this date with Chairman Howard Mantz, Supervisor Ed Wallin and newly appointed Supervisor Paul Evens present. Records further reflect that Mary M. Wallin, as township secretary /treasurer, was listed among the slate of officers for the coming year. Records indicated that the slate of officers was approved by the township supervisors. No roll call vote or abstention by any of the supervisors was noted. January 7, 1985: The reorganization meeting of the township supervisors was held with Chairman Howard Mantz, Supervisor Ed Wallin and Supervisor Paul Evens present. Mary Wallin, as township secretary /treasurer, was listed as being among the slate of officers presented for the coming year. Records reflect that the slate of officers were approved by the supervisors. No roll call vote was taken nor was there any record of any of the supervisors abstaining from the vote. January 6, 1986: The meeting of the township supervisors was convened with Supervisor Ed Wallin acting as Chairman of the Board of Supervisors. Supervisor Paul Evens and newly elected Supervisor William Ostrander were also present. Records indicated that a motion was made for Mary Wallin to continue as secretary. The motion was made by Supervisor Evens with the second being provided by Supervisor Ed Wallin. Supervisor Ostrander opposed the motion. Thus, this motion passed. It was also noted that Secretary Mary Wallin was approved to receive a 3.1% raise on the vote of Supervisors Evens and Wallin with Supervisor Ostrander voting against this motion. February 3, 1986: Minutes of the meeting of the township supervisors reflect that Chairman Ed Wallin and Supervisors Evens and Ostrander were in attendance. Secretary Mary Wallin was absent due to illness. Records reflect that a motion was made by Chairman Ed Wallin and seconded by Supervisor Ostrander that Solicitor Merle Johnson be appointed as temporary secretary /treasurer until a replacement for Mary Wallin on a permanent basis could be selected and appointed. It was also noted that Chairman Wallin made a motion to rescind the wage raise granted to Mary Wallin on January 6, 1986 retroactive to Mr. Edward Wallin Page 4 the beginning of the current term. Supervisor Evens seconded this motion and the motion carried unanimously. Chairman Wallin also made a motion to rescind the voting for secretary which was made on January 6, 1986, which motion Supervisor Evens seconded and the motion carried unanimously. 5. Records of Liberty Township indicate that Mary Wallin was compensated for service as secretary /treasurer as follows: 1981: 1982: 1983: 1984: 1985: 1986: $1,500. $6,000. $6,600. $7,200. $7,800. $1,300. 7. Mary Wallin resigned from her position as township secretary /treasurer in February of 1986 due to health concerns. III. Discussion: Edward Wallin as a township supervisor for Liberty Township was a public official as that term was defined under the Ethics Act. As such, his conduct is subject to the provisions of that law and the restrictions therein are applicable to him. Initially, it is noted that Section 5 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." Since the occurrences in effective date of Act 9 (June of Act 170 of October 4, 1978, Ethics Act was violated. this case transpired prior to the 26, 1989), we must apply the provisions P.L. 883 to determine whether the Mr. Edward Wallin Page 5 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): Hoak /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 interests; Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19, 540 A.2d 1374 (1988). Likewise, a public official /employee may not use the status or position of public office for his own personal advantage; Huff, Opinion 84 -015. In the instant matter we must determine whether Edward Wallin, hereinafter Wallin, violated Section 3(a) of the Ethics Act quoted above regarding setting the salary of his wife as township secretary /treasurer. Wallin served as township supervisor between 1981 and 1986. Following the resignation of the township secretary /treasurer in October of 1981, Mary Wallin, who is the spouse of Wallin, was appointed to fill that vacancy. The minutes of the Board of Supervisors of Liberty Township reflect the following between the periods of October 1981 through February 1986. At the October 5, 1981 meeting, Mary Wallin was appointed as secretary treasurer. In addition, a motion by Supervisor Manchi was made to add Mary Wallin to the insurance plan. Wallin seconded that motion. Thereafter on a January 4, 1982, Mary Wallin was among the officers presented for the following year: the minutes do not reflect a role call vote or any abstentions by the supervisors being recorded. In a January 3, 1983 reorganizational meeting, Mary Wallin was once again one of the slate of officers who was approved by action of the board of supervisors. In January 9, 1984, the reorganizational meeting approved the slate of officers including Mary Wallin. The records reflect that no role call order or any abstentions were noted. Likewise, in January 7, 1985, no role call vote or any record of abstentions were noted although the records reflect that the slate of officers was approved which once again included Mary Wallin as township secretary /treasurer. In a January 6, 1986 meeting, a motion was made to continue Mary Wallin as secretary /treasurer; Wallin seconded that motion as well as voted in favor of a 3.1% raise in her salary. Finally 3, 1986 meeting, Wallin made a motion to appointtheslicitorbasary temporary secretary /treasurer for Mary Wallin. In addition, Wallin made a motion to rescind the wage raise granted to Mary Wallin as well as another motion to rescind the vote for secretary that occurred on January 6, 1986. In applying the above quoted provisions of Section 3(a) of the Ethics Act to the foregoing facts, it is clear that the making of Mr. Edward Wallin Page 6 motions, seconding of motions or voting constituted a use of office on the part of Wallin. The effect of Wailin's action was to obtain a financial gain for his spouse who is a member of his immediate family as that term is defined under the Ethics Act. Finally, the compensation which Wallin's spouse received was compensation other than provided for by law in that there is no provision in the Second Class Township Code which allows a supervisor to vote for a member of his immediate family to a compensated position within the township. Therefore, the actions of Wallin in this matter have violated Section 3(a) of the Ethics Act. However, given the totality of the circumstances, we will take no further action in this case. Grom, Order 626 -R. IV. Conclusions of Law: 1. Edward Wallin as a supervisor of Liberty Township was a public official subject to the provisions of the Ethics Act. 2. Edward Wallin violated Section 3(a) of the Ethics Act when he made motions, seconded motions or voted to set the salary of his spouse who was in the position of township secretary /treasurer. In re: Edward Wallin : Pile Docket: 86 -153 -C : Date Decided: Mav 17, X990 : Date Mailed: May 29, 1990 ORDER No. 746 1. Edward Wallin violated Section 3(a) of the Ethics Act, when he made motions, seconded motions or voted to set the salary of his spouse who was in the position of township secretary /treasurer. 2. Given the totality of the circumstances in this case, no further action will be taken. BY THE 'OMMISSION, J42 LENA G. HUGHES, CHAIR