HomeMy WebLinkAbout357 HuffMr. Rt ha rd A. Huff
c/o Freak P. > Kri zner, Esquire
Attorney_ At Law
332 1/2 Safith Man Street
Butler; PA' 160bi'
STATE ETHICS 'CO$H ISSFON
308 FINAKrCE BUtLi31NG
HARRIS6tJRG, PENNSYLVANIA 17120
ORDER OF THE - COMMISSION':
Decembet 27, 1014'
0rdeP Nj.l•30
RE: File No.. 83 -72
Dear Mrs'. Huff: =
The State -= Ethics Commission ha's''received =a'cbmpla'Fn t regarding' you
`a fd'a
possible violation of . :Act 170'of 1978. The Commission has -now complei<eJ' its
investigation. ; The "iridiOdual al legations; conclusions and finriings`on "which
those - conc 1 us i ons sare based "are as` fol lows:
I. • Al1eg_ation: Diat'yba .a 1 841 e County Com, PW a Pe Coriimissioner's Office�and'employees of that office rthe Tri -Ct l'nt County ='
Manpower Program to`assfst in your re election and that -this is
of your public office and orr•confidentiai information gatned; a tha„t`offi�ce
and is in'violatiorr' Sections . 3(a) and /or 3(b) of the Ethics Act 6
463'(a) and'(b) respectively.-
A. Findings:
1. You are a Butler County 'Comrhi5siori"errand were'aAca ididate''for•re- election
in the 'Ma';;' 1983" del ect ion.
a. As a County Commissioner 'and ''caridida e you 'aee"subj'ect'to the State
Ethics ;Act.
b. You were re- elected 'in °tte 'general 'elec'tion - and sail l `serve as a
County Commissioner:-
2.`• An instruction' sheet "was' mailed to your -w rit;;efee''peop a during the 1983
primary :.campa'ign.
Mr. Richard A. Huff
Page 2
t
December 27, 1984
a. It was typed by your secretary during normal county work hours. The
typing took about 10 mintates.
b. This , instruction sheet was mailed to the committee people by your
campaign staff.
c. 'The 'Campaign Committee paid for the postage.
3. The instruction sheet contained the phone number•of your County
C inmissioner's office as a contact point.
a. Thar secretary received some calls in response to this mailing.
b. There is insufficient evidence to establish the number and length of
these phone calls.
4. Your office mailed election calendars to approximately 100 of your
committee people.
a. The calendar was prepared by the Butler County Election Bureau.
This is a normal practice.
b. The calendars are usually distributed by the Election Bureau to
committee persons of both parties. On some occasions individual
commissioners have mailed the calendars.
c. Butler County paid for the cost of mailing these calendars.
5. A cover letter accompanied the calendars.
a. Your secretary typed the cover letter.
b. The cover letter included the following statements:
"You, as a committee person, are a major part in the election
process, and the various candidates are now beginning to seek your
support in their campaigns for office."
"Your hard work enables the Republican Party to remain a dominant
force in Butler County. As the Republican County Commissioner, I
appreciate your acceptance of the responsibility you hold."
"I would like to take this opportunity to wish you the best of luck
in your efforts to elect the best Republican candidates for public
office."
Mr. Richard A. Huff
Page 3
6. Mr. John Zatalava, Executive Director,
served as your campaign manager in the
a. Butler County is a member of the
Tri - County Manpower Programs.
December 27, 1984
Tri-County Manpower Programs,
1983 elections.
consortium which directs the
b. Butler County was designated as the administrative agent of
Tri - County Manpower and all employees working for Tri- County
Manpower are employees of Butler County.
c. The county commissioners from each county form the Board of
Directors who direct the Tri - County Manpower Programs and who are
responsible for hiring, disciplining.and firing an executive
director.
7. There is no evidence that campaign activities of yours, other than those
cited above, were conducted through your public office, the Office of
Tri - County Manpower Incorporated, or with public resources Of either of
these offices.
8. There is no evidence that you offered or gave Mr. Zatalava any thing
value to influence the use of his public position for your personal
ga in.
B. Discussion: The applicable provisions of the Ethics Act state:
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).
(b) 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 acccept,
anything of value, including a gift, loan, political
'contribution, reward, or promise of future , employment
"based on any understanding that the vote, afficial action,
or judgment of the public official , or public employee or
, candidate for public office would be influenced thereby.
65 P.S. 4030).
of
Mr. Richard A. Huff
Page 4
December 27, 1984
The Commission has ruled that campaign activities -are not part of the
official responsibilities of a public officeholder and public funds cannot be
used in their support without violation of Section' 3(a) of the Ethics Act.
See Cessar, 82 -002, McClatchy',.82 -130, and Rappaport, 82 -126.
You violated Section SO) of the Ethics Act by using your secretary to
type an instruction sheet and cover letter for your political campaign. (See
Findings 2(a) and 5(a) ). You also violated Section 3(a) of the Ethics Act by
including a personal campaign letter in envelopes which were mailed at public
expense. (See Finding 5). While the content of the election calendars is
neutral and they are proper documents to be distributed by a public body, the
cover letter typed by your secretary and included with the calendars was for
your private interest.
While we are not able to calculate the total cost to the County, it is
apparent that:your Campaign Committee should have paid for the mailing of 100
letters and this would have cost at least $20 in postage.
Penalties for violating Section 3(a) of the Ethics Act are contained in
Sections 9(a) and 9(c) as follows:
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
pe- na-1ty provided by law, shall pay into the State
Treasu,rey a sum of money equal to three times the
financial gain resulting from such violation.
65 P.S. 4
The circumstances in this case do not warrant a referral to the
appropriate law enforcement agency to seek penalties under Section 9(a).
However, the public should not be required to pay for your campaign
activities. Although the value of your financial gain was small, the
violation is clear and the penalties of 9(c) are applicable.
C. Conclusion: You have violated Section 3(a) of the Ethics Act but the
Commission wi take no further action if
you you remit $60 which represents 3
times the $20 value
Y gained by using public funds to mail personal
political letters. This money must be remitted to the Pennsylvania State
Treasurer within fifteen (15) days of the date of this Order.
Mr. Richard A. Huff
Page 5
We find no vioiation of Section 3(b) of the Act.
Our files in this case will remain confidential in accordance with Section
8(a) of the Eth.ics Act, 65 P.S. 408(a). However, this Order is final and w i l l
be made available as a public document 15 days after service (defined as
mailing) unless you file documentation with the Commission which ju"s'tifies ,.
reconsideration and/or challenges pertinent factual findings. See 51 Pa.
9 C de
2.38. During this 15-day period, no one, including the Respondent unless. he
waives his right ,to cha1rlenge this Order, may violate this confidentiality by
releasing, discussing or circulating this Order.
Any person who violates the confidenti
guilty of a mis derieanor,, and shall be fined
for not more than one year or both, see 65
EMS /rdp
December 27, 1984
ality of a..Commisson proceeding is
not nore than $1,000 or imprisoned
P.S. 409(e).
rb.- B. Conner
Cha i rma n
State Ethics Commission
308 Finance Building
Harrisburg, Pa. 17120
Dear Sirs:
650 Dick Road
Butler, Pennsylvania 16001
January 8, 1985
1 have received ycur Order dated December 27, 1984 regarding
complaints lodged against me as a Commissioner of Butler County.
The conclusions that you reached in Paragraph C finding a
violation cf Section 3a of the Ethics Act reflect a belief that the
letter included with the regular mailing of Butler County was seIf-
serving and an attempt cn my part to unethically obtain votes and
reduce the costs of campaign expenses. It is my belief that if a
thorough investigation was made of this practice, this conclusion
could not be reached. However, in light of the fact that it would
net be cost effective cn my part tc continue this matter nor wculd it
serve any purpose other than tc provide me with the satisfaction of
prcving that I have net intenticnally performed any act contrary tc
the Ethics law, I find that I must elect to terminate this matter with
the payment cf the requisite penalty.
I am this day forwarding tc the State Treasurer a check in the
amount cf $60.00 which, according to your Order of December 27, 1984,
will terminate this matter once and for all. I trust and request
that a copy cf this letter be attached tc the file as my response.
It is unfortunate that I do not have the time to rehash this decision.
Respectfully yours,
Richard A. Huff