HomeMy WebLinkAbout194 DubilMr. Alex J. Dubil
Superintendent
Bloomsburg Area School District
R. D. #4
Bloomsburg, PA 17815
Re: #83- 05- C(2 -3)
Dear Mr. Dubil:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
March 30, 1983
Order No. 194
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 are guilty of complicity in covering up unethical
acts of David W. Klingerman; that you accepted him as president of the school
board in the Bloomsburg Area School District without making public the fact
that he or his family own six of the twelve buses used by that district and
allowed Mr. Klingerman to serve as chairman of the transportation committee
in the school district.
A. Findings,
1. You serve as superintendent of the Bloomsburg Area School District and
are a public employee subject to the terms of the Ethics Act.
Alex J. Dubil
March 30, 1983
Page 2
2. Article IV, Section 401(a) of the School Code says in part "The school
directors shall meet and organize annually on the second Monday of November."
Article 4, Section 403 states:
In all school districts of the first class,
the school directors shall effect a permanent
organization by electing a president and
vice- president from their members, and a
secretary who is not a member. They shall
elect a treasurer of the city constituting
such school district of the first class as a
school treasurer for such school district for
the ensuing fiscal year.
3. A school superintendent has no authority or responsibility under the
School Code or otherwise for the election or appointment of school directors,
or the election or appointment of officers or committee chairpersons on the
school board.
Discussion: While you are a public employee under the Act because you have
authority to take or recommend official action, this authority does not extend
to the election of members to the school board, the election of one of those
members as president of the school board, or the appointment or election of
one of the members to chair a committee of the school board.
Conclusion: You have not violated Section 3(a) of the Ethics Act and the
Commission will take no further action on this matter. 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 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 chalTenge this Order, may violate
this confidentiality by releasing, discussing or circulating this Order.
Alex J. Dubil
March 30. 1983
Page 3
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,
'Paul J.
Chairman
1th