HomeMy WebLinkAbout93 BonsonRe: ¥ &81 -48 -C & 81 -47 -C
Dear Mr. & Mrs. Bonson:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
December 15, 1981
No. 93
Mrs. Betty Bonson
Secretary /Treasurer, Oliver Township
Mr. Howard Bonson
Auditor, Oliver Township
c/o D. M. Barron, Esq.
Barron & Zimmerman
P. 0. Box 591
Lewistown, PA 17044
The State Ethics Commission has received a complaint
regarding you and a possible violation of Act 170 of 1978.
The Commission has now completed its investigation into
these actions and finds a violation.
I. Allegation: That you are presently serving as Auditor
of Oliver Township, Mifflin County, and that your wife
is currently serving as Secretary- Treasurer for the
same Township. In this capacity, you audit the Township
records that she prepares.
Findings /Discussion:
1. You are one of three elected Auditors of the Township.
2. Your wife is the Township Secretary- Treasurer and
was appointed by the elected Supervisors in accordance
with 53 P.S. 65511.
3. Your wife's duties as Secretary - Treasurer are set
forth in 53 P.S. 65540 and 53 P.S. 65530.
4. Your duties as Auditor are set forth in 53 P.S.
65545 and include, in part, auditing, settling and
adjusting the accounts of the treasurer.
Mrs. Betty Bonson
Mr. Howard Bonson
December 15, 1981
Page -2-
Conclusion: As Auditor you must review the books and
records kept by your wife. While we assume and have
found no evidence to indicate otherwise that you have
discharged your statutory duties as auditor fully and
faithfully, we discern an inherent appearance of a
conflict in this case if you vote or otherwise approve
the records maintained by your wife. It is possible to
avoid this appearance if you abstain from voting to
approve the books, records, etc., maintained by your
wife. However, such abstention may effectively negate
your ability to perform your duties as auditor. The
conclusion however, is clear you may not approve your
wife's work as Treasurer without engaging in an appearance
of a conflict of interest. Of course, if your wife
were not serving as Secretary- Treasurer, you could
vote, audit, etc., freely.
II. Allegation: That you rent a room in your home to
the Township which serves as a meeting place and since
this rent is set by the Auditors that a conflict of
interest may exist.
Findings /Discussion:
1. Section 5(b)(3) of the Ethics Act requires disclosure
of "Any direct or indirect interest in any real estate
which would be sold or leased to the Commonwealth, any
of its agencies or political subdivisions."
2. You have an informal lease with the Township for
which you are paid $25.00 per meeting.
3. The Act does not exclude the reporting of informal
leases and this item is reportable under Section 5(b)(3)
of the Act.
4. Section 5(b)(5) requires "The name and address of
any person who is the direct or indirect source of
income totalling in the aggregate of $500 or more." The
source of any income of $500 or more would be reportable
on this line.
Conclusion: The informal lease between you and the
Township must be reported on Line 13 of Mr. Bonson's
Financial Interest Statement. In addition, if he
received $500 or more from this lease, he must also
report the Township as a source of that income on Line
15 of his Financial Interest Statement. Please make
the appropriate amendments to your Financial Interest
Statement within 30 days of the date of this Order.
Mrs. Betty Bonson
Mr. Howard Bonson
December 15, 1981
Page -3-
The Commission will take no further action if the
requirements of this Order are met.
Our files in this case will remain confidential in
accordance with Section 8(a) of the Ethics Act, 65 P.S.
408(a). However, this Order is final and will become avail-
able as a public document within 15 days unless you file
documentation with the Commission which justifies recon-
sideration and /or challenges pertinent factual findings.
During this 15 -day period, no one, including the Re-
spondent and /or Complainant, may violate this confidentiality
by releasing, discussing or circulating this Order. Any
person who violates the confidentiality of a Commission
proceeding is guilty of a misdemeanor and shall be fined not
more than $1000 or imprisoned for not more than one year or
both, see 65 P.S. 409(e).
PJS / j c
Sincerely,
; `1
--Paul J
Chairman