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