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Home My WebLink About160 BreighnerMrs. Peggy Breighner Clerk of Courts R. D. #6, Box 68 Gettysburg, PA 17325 Re: #82 -63 -C are: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION No. 160 September 14, 1982 Dear Mrs. Breighner: 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 allegations and finds a violation of Act 170. The individual allegations and findings on which our conclusion is based I. Allegation: That as Clerk of Courts in Adams County you used your public office and personnel in said office to benefit your own interests as Secretary of the Adams County Republican Committee in violation of Section 3(a) and 1 of the Ethics Act. II. Findings: 1. You serve as the Clerk of Courts in Adams County having been elected to that post in November, 1981. As such you are a "public official" subject to the Ethics Act. 2. You also have served as the Secretary of the Republican Party in Adams County, hereinafter, the Party, for the past two years and currently hold this post. 3. In March, 1982 you volunteered to handle the task of sending various types of congratulatory, sympathy and get -well cards sent on behalf of the Party to citizens and residents of Adams County. 4. The cards contained the greetings of the Republican Committee and addressees to whom such cards were sent were identified from a review of daily newspaper hospital admissions listings, birth announcements and obituary columns. Mrs. Peggy Breighner September 14, 1982 Page 2 5. You solicited the assistance of employees of the Clerk of Courts office who were under your supervision to perform your task of sending these cards. a. While no particular person within your office or under your supervision was assigned or responsible for identifying addressees, such personnel did perform this task. _ _ b. In addition, after addressees were so identified, personnel within your office and under your supervision addressed the envelopes in which these cards were placed, using the typewriters within the Office of the Clerk of Courts and affixed postage to said envelopes. c. The postage so affixed was provided by the Party and did not come out of Clerk of Courts' funds. d. The envelopes used and so addressed were provided by the Party and did not come from the Clerk of Courts' supplies. e. Typically, an employee of your office and under your control spent approximately 10 -15 minutes per day, Monday through Friday on the tasks outlined above. f. Performing these tasks did not interfere with the operations of your Office and was accomplished on "free" time while paid employees were not engaged in work for the Clerk of Courts' office. However, these tasks were not necessarily performed solely on officially designated work "break" or lunch periods. g. Personnel as described above performed the task of mailing or associated with mailing of these cards for the three -month period beginning in March, 1982. h. The use of personnel of your office to perform the tasks outlined above has been discontinued as of the end of May, 1982. 6. The personnel involved in performing the tasks referred to in No. 5 above were paid an average hourly salary plus benefits of $3.58 and spent 16.25 total hours on these tasks for a cost of $58.18. 7. The total cost of performing the tasks (salary costs, plus equipment costs) associated with the mailing of these cards is $58.18. Mrs. Peggy Breighner September 14, 1982 Page 3 8. This cost did not benefit the public nor was this cost reimbursed to the County. 9. This cost was not incurred in performance or execution of your role or job as Clerk of Courts but solely to fulfill your private, voluntarily assumed, politically oriented obligation to the Party. III. Discussion: As a public official your conduct must conform to the requirements of the Ethics Act. The Ethics Act states that you may not use your public office for your personal financial gain. See 65 P.S. 403(a). The Ethics Act states that your financial interests may not present an appearance of a conflict with the public trust. See 65 P.S. 401. This Commission has previously expressed the view that pursuit of one's political goals must be disassociated, as much as possible, from the obligation of a public official to perform his or her official responsibilities. We have found the use of public facilities and equipment and personnel contrary to the express provisions or general purpose of the Ethics Act. See Street, 81 -005; Cessar, 82 -002; and McClatchy, 82- 130 -C. In the present case, it is clear that you had committed yourself to performing the task of sending these cards. This task was not undertaken as part of your obligations as Clerk of Courts but to benefit the private, political interests of the Party and your private interests as Secretary of the Party. In performing this private task you could have done the job yourself or hired someone to do it for you or solicited volunteers to assist you. In any of these options, however, it is clear that using your time as a public official as the Clerk of Courts or that of public personnel within your office could not be legitimately usurped to perform a private task. The County was paying you and your staff to perform public duties and tasks. The County and the public expect and the Ethics Act demands that public, not private activities, would be executed in exchange for these payments and salaries. This situation cannot be logically argued or legally defended by reference to the assertion that the public work of your office was not impaired or that these volunteers worked on Party cards during slack or "down- times" when work in the Clerk of Courts' office was low. To accept this assertion would be to ignore the fundamental prohibition against the use of office for anything at anytime except the execution of responsibilities to the public. It would also ignore the real possibility that inefficient use of a public work force and payroll padding would be encouraged so that lag time would inevitably be available for potential usurpation for private use and interests. Mrs. Peggy Breighner September 14, 1982 Page 4 Such a situation as is present here must clearly be condemned. IV. Conclusion: The activity in question as outlined above violates Section 3(a) of the Ethics Act, 65 P.S. 403(a). Although you have removed yourself from the conflict of using your public office for further gain by discontinuing the practice of using County personnel in performing this card - mailing task, the total of $58.18 has been inappropriately usurped for your benefit. You are directed to repay the sum of $58.18 in accordance with the provisions of Section 9(c) to the State Treasurer. Unless this sum is so r. — transmitted within 30 days of this Order, this matter will be referred to the appropriate law enforcement officials for review or prosecution in accordance with Section 7(11) of the Ethics Act, 65 P.S. 407(11). Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 408(a). However, this Order is final and will become available as a public document within 15 days unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. During this 15 -day period, no one, including the Respondent, unless he waives his right to challenge this Order, 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 /jc Sincerely, r ��6%c/ _'Paul J. Chairman' At1Wk Matting Address STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 Mrs. Peggy Breighner c/o Henry 0. Heiser, III, Esq. Swope, Heiser & McQuaide 104 Baltimore Street P. 0. Box 368 Gettysburg, PA 17325 Re: No. 82 -63C Order No. 160 This letter will be part of the initial Order and a public record as such. September 27, 1982 Dear Mrs. Breighner: This acknowledges receipt of your Check No. 697 in the amount of $58.18 in accordance with our Order of September 14, 1982, No. 160. The Commission will take no further action in this case and our file will be closed. EMS /jc Sincerely, Edward M. Se adones Executive Director State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania