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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