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Home My WebLink About277 DetzMr. Melvin Detz R. D. #3 Elizabethtown, PA 17022 Re: #83 -51 -C Dear Mr. Detz: �tr STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION January 13, 1984 Order No. 277 Letter dated 2/15/84 to Mr. Detz is to be included as part of Order 277. 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, a former police chief in Elizabethtown, Pennsylvania, used your public office for personal financial gain by going to various businesses and requesting that they buy calendars for a program sponsored by area business persons and the local police department, that you were paid by National Peace Officers Press, Inc. for these services and that this is a use of your public office for personal financial gain. A. Findings: 1. You served as acting Chief of Police of Mt. Joy Borough from June 15, 1979 to June 15, 1981 and in this position were a" public employee" subject to the Ethics Act. 2. The National Peace Officers Press & Equipment Company, hereinafter, the Company, 120 Collinsville Road, Troy, Illinois, 62294, sell calendars. a. According to their local representative, the calendars are sold to support local police departments. b. Commission on these sales is paid either to the township or the police person working with their representative. 3. You worked about 30 hours on this calendar project during your first year as Acting Chief and ten hours in your second year. Melvin Detz Page 2 January 13, 1984 a. You state that your job was to insure that the patrons were not being misled and the Police Department's name was not being misused. b. You wore your uniform and used a police cruiser during these solicitations. 4. On June 7, 1979, you signed an agreement of the National Peace Officers containing the following information: a. "Name of Department Mt. Joy Township P.D." b. "Department Head's name Melvin E. Detz" c. "Department agrees to furnish pictures and distribute calendars." d. "Mail calendars to this address Department Head's name Melvin E. Detz Name of Department Mt. Joy Twp. P.D. Street P. 0. Box 335, R. D. 2 City Mt. Joy State PA Zip 1772" e. Twenty -one advertisers were individually listed. Each had paid or were to be billed $42.50 for the advertisement. f. The representative of the Company was identified as Carl E. Garber. g. In a section signed department head's approval, your signature, Sergeant Melvin E. Detz appeared. 5. On June 7, 1979, you also signed a contract as department head ordering calendars. This contract also listed the Mt. Joy Township Police Department as the department. It contained the following statements: a. "Total money due department on program (gross) $237.50." b. "Total money due department on paid ads $187.50." c. "Money due department when paid $50.00." Melvin Detz Page 3 January 13, 1984 6. On May 9, 1980, a form containing the same information as the one described in Finding 4a was signed by you. This form differed only in that 26 advertisers were listed and they paid $47.50 rather than $42.50. 7. Also on May 9, 1980, you signed a contract containing the same information described in Finding 5. This contract differed only in that the money due for the program was $300, the amount due or paid was $262.50 and the money due the Department was $37.50. You signed as police chief. 8. You admit you were paid a commission for these solicitations. 9. A check for $300 dated September 16, 1980, was made out to you. a. The check was from the National Peace Officers Press, Inc. b. You endorsed the check as "Chief Melvin E. Detz." c. You state you used some of the money to buy supplies for the Police Department but produced no receipts or other evidence to document this assertion. 9. There is no evidence that your activity was officially approved by the Mt. Joy Township Supervisors. B. Discussion: As a public employee /official you must conform your conduct to the requirements of the Ethics Act and in particular must observe the provisions of Section 3(a) which states: 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). Melvin Detz Page 4 January 13, 1984 You used township equipment and wore your uniform during the solicitations for these calendar advertisements. The solicitations were not approved by the Township and the commissions were paid to you. You realized a personal financial gain of at least $300 through the use of your office. While there is no cancelled check other than the one of September 16, 1980, you have stated that you worked on this project in two separate years and it is reasonable to conclude that you also received some compensation for the first year. You violated Section 3(a) of the Ethics Act by using your public office for this personal financial gain. The penalties for violating Section 3(a) are contained in Section 9(a) and (c) of the Ethics Act which state: Section 9. Penalties. (a) Any person who violates the provisions of Section 3(a) and (b) is guilty of a felony and shall be fined not more than $10,000 or imprisoned for not more than five years, or be both fined and imprisoned. 65 P.S. 409(a). (c) Any person who obtains financial gain from violating any provision of this act, in addition to any other penalty provided by law, shall pay into the State Treasury a sum of money equal to three times the financial gain resulting from such violation. 65 P.S. 409(c). You are not entitled to receive or retain the gain you secured in violation of Section 3(a). The Commission has established precedents requiring reimbursement of the financial gain and an interest penalty. Fuller, No. 127, Hoak, No. 128, McCutcheon, No. 129. The authority of the Commission to establish the repayment amount and make recommendations for criminal prosecution depending upon repayment were confirmed by Commonwealth Court Opinion on the Hoak /McCutcheon case No. 1599 C.D. 1982 and No. 1616 C.D. 1982 (filed October 14, 1983). Repayment would amount to $400 if it is paid by January 31, 1984. This Order will be referred to the appropriate law enforcement officials but the Commission will recommend that you not he prosecuted if you pay the $400 within 30 days of receiving this Order. C. Conclusion: You violated Section 3(a) of the Ethics Act by using your office to realize personal financial gain (commission payments) when you solicited and sold calendar advertisements on Township time, wearing your uniform, and using a Township police cruiser. This matter will be referred to the appropriate law enforcement officials with a recommendation pursuant to 65 P.S. 407(11) that you be prosecuted unless you remit the sum of $300 with interest of 10% per annum from the date of receipt of the check to December 31, 1981 in the amount of $100 for a total of $400.00 to the State Treasurer of the Commonwealth of Pennsylvania within 30 days of this Order. This total will be subject to recalculation if payment is not made within this period. Melvin Detz Page 5 January 13, 1984 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). By the Commission, PJS /jc / eVikt):g aul J. th Chairman Mr. Melvin Detz R. D. #3 Elizabethtown, PA 17022 Re: File No. 83 -51 -C, Order No. 277 Dear Mr. Detz: EMS /jc cc: R. L. Keuch, Director, Criminal Law Office of the Attorney General Marling Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 15, 1984 We have received your check for $400 required by our Order No. 277, January 13, 1984. You have met your obligations under that order and we will take no further action. This letter will be included with Order No. 277 as part of the public record. Sincerely, Edward M. Se adones Executive Director State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania