Loading...
HomeMy WebLinkAbout332 ConawayMr. Jason G. Conaway 114 3rd Street California, PA 15419 RE: File No. 83 -139 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION August 15, 1984 Order No. 332 Dear Mr. Conaway: 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 California Borough Councilperson, violated Section 3(a) of the Ethics Act, 65 P.S. 403(a), which prohibits public officials and public employees from using their office or confidential information gained from that office to obtain financial gain by voting to benefit yourself in your appointment as a police officer for California Borough and on subsequent actions on police matters. A. Findings: 1. You have served as California Borough Councilperson since January, 1983, and are subject to the requirements of the Ethics Act. 2. You previously served as California Borough Councilman in 1980 and 1981. a. During that time you were also a full -time Borough police officer. b. On January 21, 1980, the solicitor ruled that the positions of Borough Councilperson and police officer were incompatible. You resigned from Council after that opinion. 3. Some time after your resignation from Borough Council, you were furloughed from your Borough police officer position. 4. At a February 21, 1983 meeting, Council voted to hire a part -time police officer because over -time for the prior year cost $9,000. a. Councilpersons Szalay and Weld made a motion to recall one officer for part -time work at the prevailing wage without benefits. Mr. Jason G. Conaway Page 2 c. Police officer salaries are set in the union contract. August 15, 1984 b. You had the most seniority and were the person who would be hired. d. The mayor had contacted the Borough Association and they told him there had been no test cases regarding a conflict of interest when a Councilperson also serves as a Borough police officer and that this situation existed in other boroughs. e. The motion passed 4 - 0. You abstained. f. You were told you must abstain from voting on all police matters. 5. Subsequent to your appointment as a part -time police officer, Council considered the following police matters: a. On April 11, 1983, you abstained from a Council decision on paying over -time wages for police officers when they attended a seminar. b. On June 8, 1983, you abstained from a Council decision on charging other municipalities for the use of borough breathalyzer equipment. You also abstained from a decision authorizing police liability insurance. There was some discussion but no Council decision on the possible conflict of interest because you held a police officer position while serving on Council. The solicitor stated that he stood by his 1980 opinion and that it was a conflict. c. On July 11, 1983, you voted on a Council decision to pay over -time for police officers when they attended seminars. You said you were not involved in this issue even though you served as a part -time police officer. After questions were raised and you reviewed the minutes of the February 21 meeting, a new role call was made and you abstained from voting on this issue. d. At an August 15, 1983 meeting, the solicitor advised Council that no action was needed on a law suit involving police officers Horner, Steppe, and Conaway. He said the law suit was settled and you had signed a release. There is no evidence that this release benefitted you or that you used your position on Council to your benefit with respect to this matter. e. On September 12, 1983, you seconded a motion by Councilperson DiFilippo to establish a police pension fund account with Cal -Ed Credit Union. The motion was passed unanimously. You are not a member of this pension fund. B. Discussion: As a Council member you are subject to the requirements of the Ethics Act including Section 3(a) which states: Mr. Jason G. Conaway August 15, 1984 Page 3 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). On September 12, 1983, you voted on a motion to establish a police pension fund account but you did not benefit from this vote because you do not receive benefits or participate in the police pension plan. You also voted in Council's action to pay overtime to police officers but then abstained on a second role call after you had reviewed your previous agreement not to participate in police matters. There were no other instances when you participated in actions on police matters and your participation in the two instances (see 5c and e) did not result in personal financial gain. Under these circumstances, we find no violation of Section 3(a) of the Ethics Act. However, the Commission must also review the application of Section 1 of the Ethics Act which states that a public official shall have neither a conflict of interest nor the appearance of a conflict of interest with the public trust. Your participation in police matters (see 5c and e) created the appearance of a conflict with the public trust even though you did not realize financial gain by your vote. As long as you remain a part -time police officer you are in a position from which you may utlimately benefit by any Council action on police matters. For example, in succeeding years, you may become eligibe for and participate in the pension fund. It is also possible that you could qualify for over -time pay. In addition, the Council discussion at the Augut 15, 1983 meeting about a law suit in which you were involved as an adversary to the Council makes it obvious that issues could arise - and evidently did arise - in which your interests and those of the Borough conflict. We find an appearance of a conflict of interest with the public trust because you did participate in police matters despite the agreement at the time of your recall from furlough. It is apparent that your continued employment as a police officer while serving on Council inherently includes circumstances which could lead to a conflict or the appearance of a conflict with the public trust and you must exercise extreme caution in your actions in both positions. Our findings must not be construed as commentary on the solicitor's opinion in which he found a conflict. Our decision relates only to the Ethics Act and his was based on other laws. As a Councilperson, you must be prepared to accept whatever consequences arise through acting contrary to his opinion. Mr. Jason G. Conaway August 15, 1984 Page 4 C. Conclusion: We find no violation of Section 3(a) of the Ethics Act but do find the appearance of a conflict of interest with the public trust because you participated, despite your prior agreement not to do so, in police matters from which you could benefit. As long as you serve on Council and as a police officer of the Borough, you must abstain from Council decisions on all police matters. 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 thisUr ecT 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). EMS /rdp By the /Comr/ssi'n, Herb Chairman er