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HomeMy WebLinkAbout165 McClureMr. Donald McClure School Director West View Heights Martinsburg, PA 16662 Re: #82 -76 -C (2 -2) Dear Mr. McClure: based are: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 165 December 28, 1982 The State Ethics Commisson 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 no violation of the Ethics Act. The individual allegations and findings on which our conclusion is I. Allegation: That as a School Director in the Spring Cove School District you secured and used free passes to athletic events in violation of Section 3(a) and 1 of the Ethics Act. A. Findings: 1. You serve as an elected School Director in the Spring Cove School District (hereinafter, the District) and as such are a public official subject to the Ethics Act. 2. As Director you have been issued a pass to admit you and one guest to all District home athletic events. a. This pass is issued pursuant to Sec. 4143.3 of District's Policy Manual and is provided to all past and present school board members, all school district employees and other selected persons. b. This Policy Manual provision was adopted by the School Board at a meeting on February 13, 1978. c. In 1981 -82, 325 such passes were issued by the Superintendent's office pursuant to this provision of the Policy Manual. Donald McClure December 28, 1982 Page 2 d. The price of admission to District home athletic event; is: football games -- $2.50, basketball games -- $1.50, and wrestling matches -- $1.50. 3. School Board Directors are expected to and do attend some District home athletic events as part of their official responsibility in overseeing the operations of the District. B. Discussion: As an elected "public official" your conduct must conform to the requirements of the Ethics Act. The most pertinent requirement here is Section 3(a) which states as follows: No public official or public employee shall use his public office or any confidential information 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. 65 P.S. 403(a) The passes in question here were issued in compliance with the District's written policy on this matter and were designed to assist your execution of your official duties. Without deciding whether these passes are "compensation" provided by law, we conclude that you did not use your "office" to obtain these passes in violation of Section 3(a). In this regard we note in passing that we are not authorized to render rulings as to the acceptability of this practice under the provisions of the Public School Code, 24 P.S. 3 -327. Reference to that Section, however, seems inappropriate in that it prohibits acceptance of a "gratuity" from a teacher or supervisor, whereas here we deal with the passes being accepted from the District itself. Nevertheless, we conclude that the acceptance of these passes given the minimal amount involved and the nature of this emolument by you in order to better fulfill your public duties as Director, is not violative of the Ethics Act. C. Conclusion: You do not violate Section 3(a) of the Ethics Act by accepting and using this pass to District home athletic activities. Donald McClure December 28, 1982 Page 3 Our files in this case will remain confidential in accordance with Section 3(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will be made available as a public document 15 days after service unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge th sTrder, 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. 109(e). PJS /jc Sincerely, `Paul J. $r Chairman 2 �yt �f y,� tom' ✓T ith