The URL can be used to link to this page

Home My WebLink About114 HarrisonMr. Jack Harrison C/0 R. Thomas Strayer, Esq., 224 Swank Building Johnstown, PA 15901 -2182 Re: #82 -09 -C Dear Mr. Harrison: are: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 27, 1982 No. 114 ote: 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 actions and finds a violation of Act 170. The individual allegations and findings on which our conclusion is based 5/27/82 letter to Jack Harrison is also part of this Order. I. Allegation: That as an elected Supervisor in the Middle Taylor Township, you attempted to or did alter records to affect the payment of money to yourself or your brother (Allan Harrison) in a manner so as not to affect your unemployment or payments from Conrail. Findings: 1. You are a Supervisor in Middle Taylor Township (hereinafter, the Township). 2. You served as Roadmaster for the Township from January 1 to December 31, 1981. 3. During this same period your brother, Allan Harrison, served as a roadworker, equipment operator and acting Roadmaster at various times for the Township. 4. You and your brother were paid by the Township and the Township records reflect hours worked as follows: Mr. Jack Harrison Allan Harrison Jack Harrison Pay Period Hours Gross /Net Pay 1981 -2- April 27, 1982 Hours Gross /Net Pay 1/1 - 1/31 41 147.60/142.87 4 15.00/14.52 ** 2/1 - 2/28 69 248.40/240.46 8.5 31.88/30.86 ** 3/1 - 3/31 65 234.00/226.51 23 86.25/83.49 ** 4/1 - 4/30 15 54.00/ 52.27 13 48.75/47.19 ** 5/1 - 5/31 132.5 459.37/389.68* None 6/1 - 6/30 176 717.60/590.63* None 7/1 - 7/31 7 25.20/ 24.40 128 480.00/398.84 ** 8/1 - 8/31 None 99 371.25/318.37 ** 9/1 - 9/30 73.5 264.60/233.63 87.5 328.12/283.82 10 /1- 10/31 96 345.60/NA 160 600.00 /NA ** 11 /1- 11/30 123 442.80/379.23 74 277.50/246.52 ** 12/1- 12/31 168 604.80/503.75 7 26.25/ 25.41 * Designated as Acting Roadmaster ** Designated as Roadmaster 5. For the period May 1 - June 30, these records as described in No. 4 above indicate that you worked no hours and received no pay and that Allan worked a total of 308.5 hours for which Allan received total payment of $1,176.97. 6. In fact Allan had not worked these hours as described in No. 5 above; you worked these hours and were entitled to the pay described but requested that the records and payment be altered to show that Allan had so worked and received the pay. 7. This alteration of records to attribute to Allan the hours you actually worked, according to you, was effected wtih the acquiesence of the other Township Supervisors. 8. During the period May 1 - June 30, 1981, you also received $125.00 per week or $25.00 per working day for a total of $1,075.00 as unemployment compensation from the U.S. Railroad Retirement Board (hereinafter, the Retirement Board) because you were laid off from your job with ConRail. Mr. Jack Harrison -3- April 27, 1982 9. The Retirement Board's payment would have been reduced per day for each day on which you earned $10.00 or more had this income been properly recorded and reported. 10. You did not report any income from any source to the U.S. RR Retirement Board for the period May 1 - June 30, 1981. 11. During the period May 1 to June 30, 1981 the Township's records relating to Allan Harrison show 20 days on which Allan is attributed with no work hours or hours worked which would amount to pay of $10.00 or less per day. 12. If your income from the Township had not been "shifted" to your brother Allan and been reported to the Retirement Board, your unemployment benefits of $1,075.00 would have been reduced from $1,075.00 to $500 or $25.00 for each of the 20 days during which the applicable Township -work records show Allan worked no hours or hours for which the pay was $10.00 or less. 13. You have not received any money from your brother, Allan, as reimbursement for the money /income "shifted" to him during the period May 1 - June 30, 1981. Discussion: As a Township Supervisor, you are a public official subject to the Ethics Act. The Ethics Act requires, in Section 3(a) that: 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) In your capacity as Supervisor, you were able to alter or cause to have altered the work records of the Township and thereby "shift" income which should have been paid to your brother, Allan. Combining this "shifting" of income with your failure to report any income to the U.S. Retirement Board resulted in your retention of your full Conrail unemployment compensation payments. Your unemployment benefits would have been reduced by some $575.00 to $500, had you not "shifted" the income noted above to your brother, Allan. It was only because of your access to the work records and your position as Supervisor that you were able to begin the process (supplemented by your failure to report any income for the May 1 - June 30, 1981 period to Conrail) of retaining your full unemployment benefits. This use of your office amounts to using your office for personal gain and thereby violates Section 3(a) of the Ethics Act. This "gain" is the difference between the benefits you were paid during the period ($1,075.00) and the lower benefit rate ($500.00) which would have resulted had the records reflected your work and "shifted" income and reporting thereof made or evidence of same discerned. Thus, by use of your public position you "gained" $575.00 more in unemployment benefits for the period in question than you otherwise would have been entitled to receive. Mr. Jack Harrison The Commission recognizes that you may also have "gained" increased unemployment benefits by your admitted failure to report your income from the Township for the period July 1 to December 31, 1981 to the Retirement Board. This failure and resulting gain, however, is not coupled with any "shifting" of income to your brother as a result of your use of your public office. Accordingly, our finding of violation is limited to the period of May 1, 1981 to June 30, 1981 at present. However, you are admonished that you should not attempt to acquire any other benefit -- unemployment compensation for this May 1 -June 30 period from the Township, for example - -as a result of your apparent unemployment for this period. Conclusion: You have violated the Ethics Act, Section 3(a), 65 P.S. 301(a). You are ordered to pay the amount of $575.00 to the State Treasury which is the amount of "gain" you realized from the use of your public office pursuant to Section 9(c) of the Ethics Act, 65 P.S. 409(c). This payment should be transmitted to our office for submission to the State Treasury within 30 days of this Order. If payment is not made within this period, we will refer this matter to the appropriate law enforcement officer for action with a recommendation that prosecution be initiated in accordance with Section 7(11) and 9(a) of the Ethics Act, 65 P.S. 407(11) and 409(a) respectively. We note that we will make the contents of this Order, when final and public, available to the U. S. Railroad Retirement Board for their review. 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 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 -4- April 27, 1982 Sincerely, A ( ,e 7 GIA.6 Pti# aul J.v mith Chairman Mr. Jack Harrison c/o R. Thomas Strayer, Esq. 244 Swank Building Johnstown, PA 15901 -2182 Re: #82-09-C Dear Mr. Harrison: EMS /na - Mailing Address: STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 May 27, 1982 This acknowledges receipt of your check No. 452 in the amount of $575.00 in accordance with our Order of April 27, 1982. The Commission will take no further action in this case and our file will be closed. This letter will be part of the initial Order and a public record as such. Sincerely, Edward M. Seladones Executive Director State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania