HomeMy WebLinkAbout144 HorneMr. Arlan Horne
R.D. #1
Atlantic, PA 16111
RE: 82 -17-C (1 -2)
Dear Mr. Horne:
are:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
July 22, 1982
ORDER OF COMMISSION
No. 144
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 allegations and finds no violation of Act 170.
The individual allegations and findings on which our conclusion is based
I. Allegation: That you served as President of the Board of Directors of
Conneaut School District while holding employment as an auditor with the State
Auditor General's office.
II. Findings:
1. You served as President of the Conneaut Lake School District and as
such are a public official subject to the Ethics Act.
2. You are also employed as a Field Auditor by the Commonwealth of
Pennsylvania, Auditor General's Office.
3. As a field auditor you do not audit school districts in general or
the Conneaut Lake School District in particular.
4. As a field auditor you are assigned to the Bureau of Police and Fire
audits.
5. You are not a supervisor or in any way associated with school
district audits or in a position to influence such audits.
Mr. Arlan Horne
July 22, 1982
Page 2
III. Discussion : As a public official your conduct must conform to the
requirements of the Ethics Act. In this respect, you may not use your public
office for your personal financial benefit. Assuming, without deciding that
as a field auditor you are also a "public employee" for purposes of the Ethics
Act, we cannot condemn the fact that you hold, two posts -- elected school
directoriand field auditor. We find no per se prohibition in this matter and
no practical problem so long as neither post is used for your personal bene-
fit. We find no current activity in which you engage as an auditor violative
of your office as school director and vice versa.
IV. Conclusion: This situation does not violate the Ethics Act nor present
the appearance of a conflict with the public trust.
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 become available as a public document within 15 days unless you file
documentation with the Commission which justifies reconsideration and /or chal-
lenges pertinent fctual 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 ciculating this
Order.
Any person who violates the confidentiality of a Commission proceeding is
guilty to 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 /rdp
Sincerely,
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Chai rma