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HomeMy WebLinkAbout254 Walker?ir, Francis Walker& Secretary, PA State Athletic Commission c/o Davit'. Phifer, Esq. Commonwealth of Pennsylvania 307 North Office Building Harrisburg, PA 17120 Re: No. 83-21 -C Dear Mr. Walker: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 10, 1983 Order No. 254 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 you serve as Ratings Chairman for or of the USBA and that this creates an inherent conflict with your position as Executive Secretary of the Pennsylvania State Athletic Commission. A. Findings: 1. You served as Executive Secretary of the Pennsylvania State Athletic Commission (SAC) during all times pertinent to this inquiry, a. You are compensated for this service by SAC. b. As Executive Secretary you are responsible for taking or recommending official action of a non - ministerial nature with respect to the categories outlined in the Ethics Act, definition of "public employee," 65 P.S. 402. c. You are a "public employee" as that term is defined in the Ethics Act and, therefore, are subject to the jurisdiction ofthe State Ethics Commission and Ethics Act. Francis Walker November 10, 1983 Page 2 2. The SAC is responsible for administering and enforcing the State Athletic Code. 3. The United States 'Wing Association (USBA) and the World Boxing Association (WBA) are organizations for the purpose of encouraging and supporting the sport ofEboxing; obtaining professionalism in the sport; and striving to achieve efficiency and uniformity in supervising and controlling boxing events. 4. The USBA is composed of among others, the commissions which regulate boxing in the various satiates, including SAC, which is a member of USBA as well as of WBA. 5. Neither USBA nor Ws4• is °regulated by SAC although bouts sponsored by either would be subjecthto the provisions of the State Athletic Code and SAC rules. 6. You are a member ofsboth. USBA and WBA and serve as Chairman of the USBA Ratings Committee. a. The Ratings Committee of USBA is responsible for rating boxers according to their ability and record for match - making considerations and determining various champions in each classification. b. There is no evidobce.that you represented the interests of USBA before SAC or that the interests 9f USBA and the SAC are adverse to each other. • c. There is no evidepc:e7,that you used your post with SAC to benefit the:. interests of the USBA- gryour own interests as Chairman of the USBA Ratings Committee or otherwise. B. Discussion: As a:•;uitifilic employee" you must conform your conduct to the requirements of the Et:htcsrAct. The Ethics Act requires that you avoid the following activity: Section 3. Restricted Activities. (a) No pgb1ic;>official or public employee shall istnfyis public office or any confideniztal± received through his holdall public office to obtain financiahsgain other than compensation providedrn' law for himself, a member of his immediate family, or a business with which he).is associated. 65 P.S. 403(a), Francis Walker November 10, 1983 Page 3 The provisions of the Ethics Act are designed to effect the following "Purpose" as expressed in Section 1 of the Ethics Act as follows: Section 1. Purpose. The Legislature hereby declar es that public office is a public trust and that any effort to realize personal financial gain through public office other than compensation provided by law is a violation of that trust. In order to strengthen the faith and confidence of the people of the State in their government, the Legislature further declares that the people have a right to be assured that the financial interests of holders of or candidates for public office present neither a conflict nor the appearance of a conflict with the public trust. Because public confidence in government can best be sustained by assuring the people of the impartiality and honesty of public officials, this act shall be liberally construed to promote complete disclosure. 65 P.S. 401. Although you serve as Ratings Committee Chairman of the USBA there is no evidence that you used your public post with SAC to benefit USBA, the Ratings Committee thereof, or yourself in violation of Section 3(a) of the Ethics Act. In order to comply with Section 1 of the 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 and 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 entities. 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 !'SBA or 41:,, a different case might be presented requiring abstention or removal from one pos :. or role, ie, either on SAC or as USBA/ Officer or Chairman. 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 Executive Secretary of the Pa. State Athletic Commission (PSAC) you used PSAC offices /address to conduct business of the USBA. Francis Walker November 10, 1983 Page 4 A. Findings: The Findings 1 -6 above are incorporated here by reference, in addition to which we find the following: 7. 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 and were designed for the use of SAC as such. b. There is evidence that you prepared these reports, but these were not beneficial or were not designed to be personally beneficial to you. c. There is no evidence that these reports were prepared in this manner to benefit the USBA. d. These reports and other work done with respect to the USBA and your role as Ratings Committee Chairman were beneficial to SAC. 8. 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 SAC offices to prepare reports of USBA meetings and conventions was minimal and appropriate given SAC's membership in USBA. These circumstances do not give rise to a violation of 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 fact; as found above. Francis Walker November 10, 1983 Page 5 Our files in th•; s Lase will ;amain 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 once, including the Respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Orde Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall b: fined not more than $1,000 or . imprisoned for not more than one year or bar;,, see 65 P.S. 409(e). PJS /jc By, the Commission, / C 1 ' al J. Chairman / ith