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HomeMy WebLinkAbout67 WolpertSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION August 17, 1981 No. 67 Mr. M. J. Wolpert Treasurer, Susquenita School Board 125 Market Street Duncannon, PA 17020 Re: #81 -28 -C (1 -2) #81 -28 -C (1 -2) Dear Mr. Wolpert: On June 25, 1981, you were sent a copy of the State Ethics decision to refer the investigation involving you to the Perry County District Attorney. You have received a copy of his July 31, 1981 letter to Mr. Paul J. Smith, Chairman of the State Ethics Commission. In this letter, Mr. Rehkamp states that he feels there is a technical vio- lation of Section 3(c). He is satisfied that you did not realize you were violating the law and therefore, the crim- inal intent which is necessary to prosecute :l_ndividuals under Sections 3(c) and 3(a) of the Act is lacking. He has decided not to prosecute. The State Ethics Commission will take no further action in this particular matter. We are closing our files in this case. This Order and the Rehcamp decision are public. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 1 108(a) PJS /jc Sincerely, The following 6/25 and 7/30 letters are to accompany this Order. Chairman aul J. Smith Mr. C. Joseph Rehkamp District Attorney Perry County New Bloomfield, PA 17068 Dear Mr. Rehkamp: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 June 25, 1981 On June 24, 1981, the Pennsylvania State Ethics Com- mission approved the following motion: "That Mr. M. J. Wolpert, Jr., Member and Treasurer of the Susquenita School Board, apparently violated Sections 3(a) and 3(c) of the State Ethics Act and that this case be referred to the District Attorney for prosecution." Section 3(a) of the Ethics Act states "No public of- ficial or public employee shall use his public office or any confidential infoLwation 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." Section 3(c) states "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 pro- posals 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. Mr. C. Joseph Rehkamp June 25, 1981 Page -2- Section 9(b) of Act 170 provides "Any person who vio- lates the provisions of Section 3(c) through (h) or Section 4 is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year, or be both fined and imprisoned." Section 4(d) of the Act also provides that "No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall be receive compensation from public funds, unless he has filed a Statement of Financial Interest with the Com- mission as required by this Act." Mr. Edward M. Seladones, Executive Director of the Commission, will provide you with all possible information and assistance. In addition, Mr. Eugene Fuhrman, our In- vestigator, has been assigned to assist you with any ad- ditional investigative activities. He will contact you to transmit our files to you for your review and use. Upon such transmittal, the State Ethics Commission will suspend our action in this case. Please advise this office of your decision on prosecution as soon as possible. Our files in this case will remain confiden.tiai in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a). NO ONE, including the Respondent and /or Complainant, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confi- dentiality of a Commission proceeding is guilty of a mis- demeanor and shall be fined not more than $1 or im- prisoned for not more than one year or both, see 65 P.S. 409(e). PJS/ j c cc: Mr. M. J. Wolpert Sincerely yours, (1;/A aul J mith Chairm