Loading...
HomeMy WebLinkAbout245 WeberNelson E. Weber, Jr. Assistant - Superintendent of Schools Upper Perkiomen School District 501 Jefferson Street East Greenville, PA 18041 Re: No. 82-84-C Dear Mr. Weber: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 1, 1983 Order No. 245 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 Assistant - Superintendent of Schools in Upper Perkiomen School District you contributed to the Franklin Club of Upper Montgomery County, a politial action committee formed just prior to the 1982 primary election, and whose sole purpose was to influence the election of selected school directors in said district, who, if elected, would be in a position to and would vote favorably on your salary /contract and that such conduct violates Section 3(b) of the Ethics Act, 65 P.S. 403(b). A. Findings: 1. You are employed as Superintendent of Schools in the Upper Perkiomen School District, hereinafter, the District and as such are a "public employee" subject to the provision of the Ethics Act. Nelson E. Weber, Jr. Page 2 November 1, 1983 2. You made a contribution of $100.00 to the Franklin Club of Montgomery County on or about April 30, 1981. a. The Franklin Club is registered as a "political committee" as set forth in the Campaign Expense Reporting Law, Act 171 -1978, as reflected in the original registration statement for this Club dated April 1, 1981 filed with the Montgomery County Board of Elections. b. Reports required to be filed by the Franklin Club pursuant to Act 171 -1978 record that said contribution, among others, was received by the Franklin Club. c. The Franklin Club, as a registered "political committee," exercised all the powers associated with same and incurred the reporting and disclosure duties as set forth in Act 171 -1978, including among other things, the authority, within the purview of Act 171 -1978, to make expenditures on behalf of candidates to influence the election of same. d. The Franklin Club, prior to the 1982 primary election, made expenditures and reported same on forms required to be filed under Act 171 -1978 for the period May 4 to June 8, 1982 of $1,000 "to support endorsed candidates" and these funds were paid to the Area I GOP, R.D. #1, P.O. Box 132, East Greenville, PA 18041. e. Area I GOP, during the 1982 primary election published material, among other material, indicating that the "endorsed" candidates for School Director in the District were Alan Severance, Andy Kriebel and Ed Feather. 3. a. The minutes of the District record that on July 8, 1982, a motion was made that you be recommended for and retained in the post of Assistant Superintendent tor a five (5) year term of office from July 1, 1983 to June 30, 1988. b. This motion passed with nine votes with no dissent among the District Directors present. c. Directors Kriebel and 'Severance were in attendance and voted in support of said motion. 4. There is no evidence that the contribution you made (No. 2 above) was made upon the understanding that the official action, vote or judgment of any public official or employee was to be influenced thereby. Nelson E. Weber, Jr. Page 3 B. Discussion: As Assistant - Superintendent of Schools you are a "public employee" whose conduct must conform to the requirements of the Ethics Act, including Section 3(b) which states that: No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). November 1, 1983 In reviewing this allegation, we are cognizant of the fact that Section 3(b) of the Ethics Act specifically prohibits the giving and receipt of a "political contribution" based upon any understanding that the vote, official conduct or judgment of the public official or employee or candidate for public office would be influenced thereby. However, as we have previously stated: This section makes it clear that not all campaign contributions violate Section 3(b) of the Ethics Act. Only -those which are given with the understanding that official conduct would be influenced are prohibited. We recognize that in the broadest sense all political contributions are motivated by the giver's desire to see a certain candidate succeed who may he more favorable to the giver's viewpoints and interests. This "motive" does not constitute the type of "understanding" necessary to make an otherwise valid contribution a violation of Section Section 3(b) of the Ethics Act. O'Pake, No. 158 -C. We note that although we refer in this Order to the Campaign Expense Reporting Law, Act 171 -1978, we have no jurisdiction to do so and make no review here of any provisions of Act 171 or allegations of violations thereof. C. Conclusion: There is no violation of Section 3(b) of the Ethics Act or the appearance of a conflict of interest in the circumstances presented. Nelson E. Weber, Jr. 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 (defined as mailing) 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 $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). PJS /jc By the Commission, 0 aul J. Chairman November 1, 1983