HomeMy WebLinkAbout0 SmithC. JOSEPH REHKAMP
DISTRICT ATTORNEY
8 B. CARLISLE ST.
NEW BLOOMFIELD, PA. 17088
TELEPHOPM (717) 583.2711
Mr. Paul J. Smith, Chairman
State Ethics Commission
308 Finance Building
Hbg., Pa, 17120
Dear Mr. Smith;
THE OFFICE OF THE
PERRY COUNTY DISTRICT ATTORNEY
Re:
July 30, 1981
the money was re.eived for services rendered as a plumber.
(File ;&81 - 28 - C (1 - 2)
M. J. Wolpert, Jr., Member and Treasurer
of the Susquenita School Board - Apparent
Violations of Sections 3(a) and 3(c) of
the State Ethics Act
I have reviewed your letter and enclosures of June 25, 1981,
and °1 have talked to your investigator, Gene A. Fuhrman, in person
concerning his investigation. I do not feel that there is any need
for futher investigation as I have decided not to prosecute Mr. Wolpert
for the alleged violations of the State Ethics Act.
R. SCOTT CRAMER
ASSISTANT DISTRICT ATTORNEY
CENTER SQUARE
DUNCANNON, PA. 17020
TELEPHONE, (717) 834 -5700
In regard to Section 3(a) of the Ethics Act which is a felony,
I eo not feel that the facts support a violation of said Section in that
Mr. Wolpert wzs authorized to do emergency plumbing work for the school
district and submitted a reasonable bill for his services. I feel that
the intent of this Section is to punish public officials who receive money
or other reimbursement for use of his public office. In this situation,
As to the alleged violation of Section 3(c), although I feel
t!-.at there is a technical violation of this Section by Mr. Wolpert, I
a«1 satisfied that he d not realize that he was violating the law, and
1nerefore lacked the criminal intent which I feel is necessary to prose-
cute individuals under these two Sections.
Even if my interpretations of these Sections are incorrect,
I feel that the equities are in favor of not prosecuting Mr. Wolpert, who,
according to all accounts, has a good reputation in the community and has
diligently served as a school board membe-r for sixteen (16) years. His
past record as a school board member who did plumbing work free of charge
Mr. Paul J. Smith
CJR:pg
. cc: Allan W. Holman, Jr., Esquire
Mr. M. J. Wolpert, Jr.
Mr. Gene A. Fuhrman
- 2- July 30, 1981
in the past, in my mind does not present the type of individual who should
be prosecuted criminally under the State Ethics Act.
Sincerely xours,
C
4 - 11 4
C. 40seph Rehkamp