HomeMy WebLinkAbout166 HolsingerMr. Thomas M. Holsinger
School Director
1014 Franklin Street
Roaring Spring, PA 16673
Re: #82 -75 -C (1 -2)
Dear Mr. Holsinger:.
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 166
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.
based are:
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.
Thomas M. Holsinger
December 28, 1982
Page 2
d. The price of admission to District home athletic events 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.
Thomas M. Hosinger
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 this —rder, 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,
Gam ,.. l r 'v!/
Paul J/'Smith
Cha i rmdn