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HomeMy WebLinkAbout253 BinnsCommissioner James F..Binns PA State Athletic Commission c/o David Phifer, Esq., Commonwealth of Pennsylvania 307 North Office Building Harrisburg, PA 17120 Re: No. 83 -20 -C Dear Mr. Binns: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 10, 1983 _ Order No. 253 John Elliott, Esq. Dilworth, Paxson, Kalish & Kauffman 2600 The Fidelity Building Philadelphia, PA 19109 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 a member of the Pa. State Athletic Commission (PSAC) and your service as counsel to the U.S.B.A. and W.B.A. your activities conflict or appear to conflict with the public trust. A. Findings: 1. You served as a Commissioner with the Pennsylvania State Athletic Commission (SAC) during all times pertinent to this inquiry. a. You are compensated for this service as Chairman of SAC pursuant to the laws of this Commonwealth, 71 P. S. 137. b. You are a "public official" as that term is defined in the Ethics Act and, therefore, are subject to the jurisdiction of the State Ethics Commission and Ethics Act. James Binns November 10, 1983 Page 2 2, The SAC is responsible for administering and enforcing the State Athletic Code. 3. The United States Boxing Association (USBA) and the World Boxing Association (WBA) are organizations for the purpose of encouraging and supporting the sport of boxing, obtaining professionalism in the sport, and striving to achieve efficiency and uniformity in supervising and controlling boxing events. 4. The USBA is composed, among o.ner°..; o„ tLe commissions which regulate boxing in the various states, including SAC, which is a member of USBA as well as of WBA, 5. Neither USBA nor WBA is regulated by SAC although bouts sponsored by either would be subject to the provisions of the State Athletic Code and SAC rules. 6. You are a member of both USBA and WBA and serve as legal counsel for them except r; Pennsylvania. a. There is no evidence that you represented the interests of WBA or the USBA in Pennsylvania as legal counsel. b. There is no evidence that you represented the interests of WBA or the USBA before SAC. B. Discussion: As a " public official," you must conform your conduct to the requirements of the Ethics Act. The Ethics Act requires that you avoid the following activity. Section 3 Restricted Activities (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). Although you serve as counsel for the USBA and the WBA and, therefore, may he said to be employed by these organizations (See definition of "business with which he is associated," 65 P.S. 402), there is no evidence that you used your public post as Chairman of SAC to benefit either of these entitites. This is particularly true where, as found above, your representation of the USBA and WBA occurred outside of Pennsylvania. James Bi n ns November 10, 1983 Page 3 In order to comply with Section 1 of the Ethics Act, you should be particularly alert, however, to any situation where the interests of USBA and WBA would be adverse to those of the SAC or where the SAC may be urged or requested by the USBA or WBA to adopt rules, regulations, etc. proposed by USBA or WBA which you have reviewed or recommended to these clients. Likewise, should you be in an office or position within USBA or WBA where you are involved in formulating policy for or attempting to influence the actions of SAC on behalf of USBA or WBA, a different case might be presented requiring abstention or removal from one post or role, ie. either on SAC or with the USBA /WBA. Compare Allen /Lutton, 79 -024; Vavro, 79 -074 and Aspen /Miller, 82 -576. C. Conclusion: The provisions of Section 3(a) are not violated under these circumstances. II. Allegation: That as a member of PSAC you conduct PSAC business out of your private law firm offices and use or allow the use of PSAC offices and letterhead by the USBA and use of PSAC budget and money to attend USBA conventions. A. Findings: The Findings 1 -6 above are incorporated herein by reference in addition to which we find as follows: 7. You are engaged in the private practice of law and maintain an office at 300 Walnut Street, Philadelphia, Pennsylvania, 19106. 8. SAC offices in Philadelphia are located at Room 1103 of the Pennsylvania State Office Building. 9. You sometimes use letterhead to conduct SAC business which reads "Pennsylvania Athletic Commission, 300 Walnut Street, Philadelphia, Pennsylvania, 19106" and envelopes on which the seal of the state is embossed. a. You used this letterhead and address in the course of SAC business for SAC business. b. Your use of your law firm address was done to facilitate SAC business and to be more convenient to you in execution of your duties with SAC. c. If and when you used your law office facilities to conduct SAC business as described above, you utilized your private law office personnel, machinery, furniture, postage, etc. except. for the stationery described herein. d. You did work on USBA and WBA matters as counsel to these organizations from your private law offices and did not use the offices or facilities of SAC for this purpose. James Bi n ns November 10, 1983 Page 4 10. You did not conduct personal or private business using SAC offices. 11. Occasional reports regarding USBA conventions or meetings were prepared and these appeared on paper under the words "Commonwealth of Pennsylvania, Department of State, State Athletic commission" in some instances. a. These reports generally constituted reports'to SAC as 'a member of USBA to benefit SAC. b. There is no evidence that you prepared these resorts or that same were beneficial oewere designed to be personally beneficial to you. c. There is no evidence that these reports were prepared in this manner to benefit the USBA. 12. As a member of SAC certain amounts are budgeted annually for sending persons to WBA and USBA conventions. a. You attended such conventions on occasion. b. Your expenses for such attendance were-approved by and paid for by SAC. c. Your attendance was authorized because SAC is a member of USBA and or because of your responsibility as a member of SAC. B. Discussion: Your use of your own office to facilitate the conduct of official business as a member of SAC under these circumstances does not violate Section 3(a) or other provisions of the Ethics Act. Your attendance at USBA or WBA conventions resulted from your role as a member of SAC and were approved by SAC. These actions do not amount to a violation of Section 3(a) or other provisions of the Ethics Act. C. Conclusion: These actions do not violate the Ethics Act under the facts as found above. 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. James Binns November 10, 1983 Page 5 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, Paul J.(Stnith Chairma