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HomeMy WebLinkAbout233 HolsingerMr. Thomas M. Holsinger School Director 1014 Franklin Street Roaring Spring, PA 16673 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 August 24, 1983 ORDER OF THE COMMISSION Order No. 233 RE: Complaint No. 82 -99 -C Dear Mr. Holsinger: 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. Thomas M. Holsinger 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. 6. You paid $12.00 to Appalachia Intermediate Unit No. 08 to cover the cost of a ticket for the testimonial dinner. You submitted an expense voucher for $12.00 which was approved by Superintendent Dr. John Buchovecky, you were reimbursed $12.00 by check No. 3417 of the School District on October 27, 1982. 7. You attended the testimonial dinner at the Altoona Sheraton Inn on October 25, 1982. 8. 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. 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). 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. Mr. Thomas M. Holsinger August 24, 1983 Page 3 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 - 07 .- der, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confidentiality of .4 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). SSC /rdp Sincerely, Jf Chair