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Home My WebLink About180 DaleyMr. Peter J. Daley E. Malden Drive California, PA 15419 Re: #82 -78 -C Dear Mr. Daley: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION February 28, 1983 Order No. 180 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. The individual allegations, conclusions and findings on which those conclusions are based are as follows: I. Allegation: That you used public funds, i.e. the postage meter of the Steel Valley Council of Governments for personal mailings, i.e. mailing required campaign financing reports and this procedure may have been used for other mailings related to your candidacy for public office. A. Findings: 1. You were a candidate for the state legislature from the 49th District for the November, 1982 general election, having run in the primary election of 1982. 2. You were employed as Project Manager of the Steel Valley Council of Governments (SVCOG) from September, 1979 to August 13, 1982 when you resigned. Peter J. Daley February 28, 1983 Page 2 3. The SVCOG is a non - profit corporation formed under the Non - Profit Corporation Law, Act of May 5, 1933, P.L. 289, as amended. a. SVCOG is a corporation created by ten municipalities within Allegheny County -- Clairton; Duquesne; Braddock Hills Borough; Dravosburg Borough, Homestead Borough; Munhall Borough; Swissvale Borough; West Elizabeth Borough; West Homestead Borough and Whitaker Borough. b. SVCOG receives funding from several sources, primarily from Allegheny County, but also from grants from the U.S. Department of Housing and Urban Development (HUD). c. SVCOG performs governmental functions primarily related to community and economic development. d. Your main duties with SVCOG were to provide administrative and project coordination for revitalization programs of the Swissvale Community Development Corporation and the Clairton Community Development Corporation. e. The HUD and Department of Community Affairs (DCA) considers SVCOG to be a governmental entity. f. The SVCOG is a "political subdivision" under the Ethics Act and regulations promulgated thereunder and you are a "public employee" of that "political subdivision." 4. Duripg your candidacy referred to in No. 1 above, you used the postage meter of the SVCOG to mail Campaign Expense Reports to the Bureau of Elections, Department of State and to the Washington County Election Office on or about June 15, 1982. This postage meter was used primarily because the deadline - for filing these reports was approaching. ae The cost of mailing these items was less than $1.00. b. You occasionally used the postage meter of the SVCOG to mail personal mail and if so used, you received an invoice for the costs of same at the end of each month and paid the amounts of the postage cost to the SVCOG. c. You reimbursed the SVCOG for the cost referred to in (a) above on or about June 30, 1982. d. There was no calculation of or payment (reimbursement) made for costs of these mailings associated with secretarial time to affix the postage. e. There is no evidence that you used this postage meter or other SVCOG personnel or facilities in a similar fashion for other mailings related to your candidacy. Peter J. Daley February 28, 1983 Page 3 B. Discussion: The first question is whether as Project Manager of the SVCOG you are a "public employee" or "public official" as those terms are defined in the Ethics Act. A "public employee" is defined as: Any individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to: (1) contracting or procurement; (2) administering or minitoring grants or subsidies; (3) planning or zoning; (4) inspecting, licensing, regulating or auditing any person; or (5) any other activity where the official action has an economic impact of greater than a deminimus nature on the interests of any person. 65 P. S. 402 A public official is defined as: Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to otherwise exercise the power of the State or any political subdivision thereof. "Public official" shall not include any appointed official who receives no compensation other than reimbursement for actual expenses. 65 P.S. 402 We will concentrate on the definition of public employee, because if you fall within this definition that fact that you may also be considered a public official -would impose no less or additional requirements upon your - conduct. The key element in this case, within the definition of "public employee" is whether the SVCOG is to be considered a "political subdivision" by which you are employed because you clearly are responsible for recommending official action with respect to "administering or monitoring grants or subsidies." "Political subdivision" is defined in the regulations of the State Ethics Commission as: Any county, city, borough, incorporated town, township, school district, vocational school, county institution district, and any entity or body organized by the aforementioned. 51 Pa. Code 1.1. Peter J. Daley February 28, 1983 Page 4 It is clear that the SVCOG is an entity organized by the towns and boroughs listed in Finding No. 4 above. As such, the SVCOG is a "political subdivision" within the meaning of that term under State Ethics Commission regulations. Accordingly, you are deemed to be a "public employee" of a political subdivision" and as such your conduct must conform to the requirements of the Ethics Act. Section 3(a) of the Ethics Act requires that: No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain fianancial 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 Commission has previously held that using a postage meter of a public entity for purely political purposes is contrary to the Ethics Act. McClatchy, 82 -130 -C and Cessar, 82 -002. Mailing campaign expense reports must be viewed as a political activity and use of the postage meter as outlined above for this purpose is violative of the Ethics Act. However, you have reimbursed the cost of the postage and given the minimal amount of activity and cost involved no further action need be taken. C. Conclusion: The activity in question violated Section 3(a) of the Ethics Act. However, given the fact you reimbursed the SVCOG for the postage costs and the minimal amount involved, the State Ethics Commission will take no further action. This activity should not recur. 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 be made available as a public document within 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 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). By the Commission, y aul J. Smith Chairman PJS/jc