HomeMy WebLinkAbout232 McClureMr. Donald McClure
School Director
West View Heights
Martinsburg, PA 16662
RE: Complaint No. 82 -100 -C
Dear Mr. McClure:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 24, 1983
ORDER OF THE COMMISSION
Order No. 232
A
The State Ethics Commission has reviewed the possibility that you have
violated the State Ethics Act, Act 170 -1978. The nature of the alleged
violation is as follows:
I. Allegation:
That as a School Director in the Spring Cove School District you accepted
and used tickets to a social banquet held at the Altoona Sheraton Inn on
October 25, 1982, and that said tickets were paid for by the School District
and such conduct violates Section 3(a) of the Ethics Act.
A. Findings:
1. You are an elected public official serving as a Director in the Spring
Cove School District and as such are subject to the provisions of the
Ethics Act. You served as a School Director on October 25, 1982.
2. The Spring Cove School District has no set policy relative to School
Directors' attendance at testimonial dinners, social banquets or other
similar functions.
3. The Spring Cove School District is part of Appalachia Intermediate Unit
No. 08.
4. A testimonial dinner honoring the retiring Executive Director of
Appalachia Unit No. 08 was held at the Altoona Sheraton Inn on October
25, 1982.
5. A reservation request form for this testimonial dinner sent from
Appalachia Intermediate Unit No. 08 was received at the Administrative
Offices of the Spring Cove School District, hereafter, the School
District, sometime during the latter part of September, 1982.
Mr. Donald McClure
August 24, 1983
Page 2
a. Cost per person for attending the banquet was $12.00.
b. All Board members were informed of the reservation form by Board
Secretary, Peggy Shaffer.
c. Three Board members -- Thomas Holsinger, Donald McClure, and Lois
Glass -- expressed interest in attending mainly because the retiring
director was a resident of the School District, a former teacher in
the District, and had been instrumental in the District's search for
a new superintendent.
d. On October 15, 1982, School Board Secretary Peggy Shaffer made
reservations for you and your wife, Connie McClure, as well as
Director Lois Glass, School Superintendent Dr. John Buchovecky and
herself, and attached to the reservation form was Spring Cove School
District check No. 3403 in an amount of $60 to cover costs of the
dinners.
6. You and your wife attended the testimonial dinner on October 25, 1982.
7. On November 5, 1982, Board Secretary Peggy Shaffer and School
Superintendent John Buchovecky each reimbursed the Spring Cove School
District for the costs of four testimonial tickets for Directors McClure
and Holsinger as well as reimbursement for their own tickets.
8. On November 2, 1982, you refunded $12.00 to the Spring Cove School
District to cover the cost of Connie McClure attending the testimonial
dinner.
B. Discussion: As an elected "public official" your conduct must conform to
the requirements of the Ethics Act. The most pertinent requirement here is
Section 3(a) which states as follows:
(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(a).
Mr. Donald McClure
August 24, 1983
Page 3
Without deciding if the tickets to this dinner are within the category of
"compensation" allowed by law, we simply state that acceptance of these
tickets and your attendance at this dinner did not, under these circumstances,
violate Section 3(a) as set forth above. Attendance at this dinner of a
nature to be sufficiently related to your duties as a School Director is not
violative of the Ethics Act. This is especially true given the minimal amount
of money involved with the purchase of these tickets and the fact that the
School District was reimbursed for the cost of these tickets.
C. Conclusion: Under these circumstances, your activities do not violate
Section 3(a) of the Ethic Act.
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 Drder, 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).
Sincerely,
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