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