HomeMy WebLinkAbout206 BeattyMr. Paul R. Beatty
Main Street
Marion Center, PA 15759
RE: #82 -25 -C
STATE ETHICS COMMISSION
.308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
June 17, 1983
Order No. 206
Dear Mr. Beatty:
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 as an elected Council member in Marion Center Borough
you were also appointed as a Borough policeman and worker and are paid for
these positions which were secured without an open and public process and that
as a Council member you voted on the salary and appointment of police officers
and workers and these actions are a violation of Section 3(a) of the Ethics
Act.
A. Findings:
1. You are a councilperson in Marion Center Borough and as such you are a
public official subject to the terms of Act 170.
2. You were appointed a part -time police officer for the Borough sometime in
August, 1981, and took the oath of office on August 14, 1981.
a. On December 3, 1979, . Police Chief Mottorn requested additional help
and Borough Council advised him that you would check into the
possibility of hiring additional police persons.
b. On April 7, 1980, you suggested to Council that an auxiliary
police force could be established to assist the police chief.
c. On October 6, 1980, William Donahue was sworn in as a part -time
police officer. Mr. Donahue was interviewed by the Mayor, the full
Council, and then his appointment was approved by the Council at a
public meeting.
Mr. Paul R. Beatty
June 17, 1983
Page 2
d. The August 3, 1981 minutes of Council report that you were
interested in receiving police training and that Council approved
your looking into this matter.
e. You took the oath of office as a part -time police officer on August
14, 1981. There is no evidence that you were interviewed by the
Mayor, the full Council, or that there was a public vote on your
appointment.
3. There was no formal advertising for candidates for this position but
Council attempted to solicit candidates through "word of mouth."
4. You received $25 per month plus mileage and meals while receiving police
training which lasted approximately from the time of your appointment in
August, 1981 to June, 1982. You were also paid $5 per hour as a part -time
police officer.
5. Council president states that you abstained from all votes concerning
compensation for police officers but the council action on these issues was
not recorded in the minutes of township meetings.
6. On June 2, 1980, Council voted to increase the Police Chief's pay. The
minutes do not record the Council persons' attendance or vote on this matter.
7. On Janaury 5, 1981, Council passed a motion to pay the Chief of Police $25
per month as a stand -by officer. You were not present at this meeting.
8. On October 1, 1979, Council appointed you to a position as truck driver
for snow plowing. There is no record to show whether or not you participated
in or voted on this decision.
9. You work 4 to 8 hours per month as a part -time police officer.
B. Discussion: Section 3(a) of the Ethics Act requires that:
(a) 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(b).
Mr. Paul R. Beatty
June 17, 1983
Page 3
The full extent of your participation in Council actions to add an
auxiliary police force and appoint Mr. Donahue and yourself as part -time
police officers is impossible to determine because the meeting minutes do not
record these activities. However, you did participate in the process which
resulted in your appointment as a part -time police officer. On December 3,
1979, Council authorized you to check into the possibility of hiring
additional help for the Police Chief; on April 7, 1980, you suggested an
auxiliary police force to assist the chief; on August 3, 1981, you were
authorized to check into your interest in receiving police training, and on
August 14, 1981, you took the oath of office as a part -time police officer.
You did receive financial gain because of this process and appointment.
You estimate that you work 4 to 8 hours per month as a part -time police
officer. Assuming an average of 6 hours a month and 9 months pay for
training, you have received approximately $800 since your appointment.
You were selected by Borough Council to check into the possibilities of
additional police persons; you recommended an auxiliary'police force be
established; and then, you were appointed as a part -time police officer.
Although the amount of the benefit you received is low, your official
participation in a process which gave you a personal financial gain is a
violation of Section 3(a). However, the Township has received the proper
services for the compensation you received and the Commission will take no
further action on this matter. Should any change in your position be
considered, whether it be in the hourly rate or the number of hours worked,
you must not participate in discussions or votes on this question. In order
to avoid even the appearance of a conflict of interest you must abstain and
the reason for abstention must be officially recorded. The Commission will
take further action if you do not abide by the requirements of the Act.
Having found a violation of 3(a) it is not necessary to review whether
your appointment as part -time police officer and Borough worker was a contract
with the Borough and would have required the application of Section 3(c).
Even if Section 3(c) had been applicable and the open and public process been
met, you would have still violated Section 3(a) by the significant degree of
your participation in a process which resulted in your personal financial
gain.
C. Conclusion: You have violated Section 3(a) of the Ethics Act. However,
given that the Borough has received appropriate services for the compensation
you received and providing that you do not participate in future decisions
involving your status, salary, or benefits the Commission will take no further
action.
Mr. Paul R. Beatty
June 17, 1983
Page 4
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 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,
a ul J. S
Chairman