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HomeMy WebLinkAbout366 WilliamsonMr. Lee E. Williamson Upper Yoder Township Supervisor R.D. #7 Johnstown, PA 15905 Re: No. 84 -12 -C Dear Mr. Williamson: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION March 13, 1985 Order No. 366 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, an Upper Yoder Township Supervisor, violated Section 3(a) of the Ethics Act, by having the Township pay for a hospitalization /medical plan in which you participate. A. Findings: 1. a. You began serving as an Upper Yoder Township Supervisor in January, 1984. As an elected official you are subject to the provisions of the Ethics Act. b. Upper Yoder Township is a Township of the Second Class, subject to the Second Class Township Code, hereinafter, the Code, 53 P.S. 65 101 et. seq. 2. Prior to assuming office you had discussions with Township Secretary, Audrey Atkinson, about your interest in being included in the Township Blue Cross /Blue Shield Plan, hereinafter, the Plan. You indicated your desire to participate. 3. Township Secretary, Audrey Atkinson, added you to the Plan effective February 1, 1984. Mr. Lee E. Williamson March 13, 1985 Page 2 4. At the Township Auditors' reorganization meeting held on January 4, 1984, the auditors set the wages and benefits of the Township Roadmaster as provided for in the Code. a. No benefits were provided for any supervisor other than the Township Roadmaster who was allowed the same benefits as all other township employees. b. On January 30, 1984, the Township Auditors revised the above resolution by adding that the benefits the Roadmaster was entitled to were "Hospitalization, (Blue Cross /Blue Shield), Life Insurance and the Township Pension Plan." 5. You are not employed by Upper Yoder Township as Roadmaster, laborer or in any other capacity by the Township. 6. Records secured from Upper Yoder Township regarding hospitalization / medical plans confirm the following: a. Upper Yoder Township has a hospitalization /medical plan with Blue Cross /Blue Shield of Western Pennsylvania. This includes Blue Cross, Blue Shield and Major Medical (Group #72108004) and Supplemental coverage of Dental and Eye care (Group #05522031). b. Records confirm that you were added to the above listed plans effective February 1, 1984. Coverages and premiums associated with same are as follows: Total Monthly Monthly Cost Type of Coverage Date of Coverage Cost of Coverage During Period (1) Blue Cross 2/1/84 - 3/31/84 $118.07 /mth (2) Blue Shield 2/1/84 - 3/31/84 45.87/mth (3) Major Medical 2/1/84 - 3/31/84 12.01 /mth (4) Dental 2/1/84 - 3/31/84 19.65 /mth (5) Eye 2/1/84 - 3/31/84 4.60 /mth $200.20 (6) Blue Cross 4/1/84 - 7/31/84 118.07 /rnth (7) Blue Shield 4/1/84 - 7/31/84 54.80 /mth (8) Major Medical 4/1/84 - 7/31/84 12.01 /rnth (9) Dental 4/1/84 - 7/31/84 19.65 /mth (10) Eye 4/1/84 - 7/31/84 4.60 /mth 209.13 Mr. Lee E. Williamson March 13, 1985 Page 3 c. Total cost February 1, to July 31, 1984 - $1236.92. d. The premiums were paid by the Township from township funds. 7. By letter dated January 30, 1984 to Township Secretary, Audrey Atkinson, you acknowledge that hospitalization coverage for you became effective February 1, 1984. You also stated that since eligibility of supervisors for such coverage is uncertain, you chose to reimburse the Township every month until the issue is further resolved. 8. Records from the Township confirm you made the following payments: a. February coverage - 1/30/84, check #179, Amount $199.50 b. March coverage - 2/28/84, check #198 - Amount $199.50 c. April coverage - 3/30/84, check #211 - Amount $209.13 d. May coverage e. June coverage f. July coverage - 4/27/84, check #219 - Amount $209.13 - 5/31/84, check #233 - Amount $209.13 - 6/27/84, check #243 - Amount $209.13 a. The difference between your payments for February and March and Township cost were caused by a premium increase between the time you were given the cost and your payments. 9. On February 1, 1984, you contacted Township Auditor, Harry Smith, and made a proposal that the supervisors would appoint themselves roadmasters to work a maximum of (20) hours per month if the auditors would approve a wage of $10 per hour. In lieu of the $200 in wages which you would receive by this arrangement, your proposal stated the supervisors would accept inclusion in the hospitalization plan; the cost at that time was $199.50 per participant. The auditors refused this proposal. B. Discussion: As a public official your conduct must conform to the requirements of the Ethics Act, including Section 3(a) thereof which states that: Section 3(a) of the Ethics Act states as follows: 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. Mr. Lee E. Williamson Page 4 March 13, 1985 The Commission has already determined that Township payments or contributions toward purchasing such insurance for a supervisor such as yourself, who is not serving the Township in any capacity other than as a supervisor, are not authorized by law. Thus, you may not secure these benefits by the use of your supervisor's office or confidential information gained through th -:t office. See Krane, 84 -001. We adopt the reasoning of that ruling here and find no basis in law or fact to alter the conclusions reached in Kranc. However, that ruling would allow a township supervisor to participate in insurance pans if he or she pays the premiums associated with such plans as you are doing C. Conclusion: You -are not violating Section 3(a) by paying v,he premiums fur your portion of the Township insurance plans outlined above. We will take no further action. Our files in this case will remain confidential in accordance wit: 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 end /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). HBC /na th- C mmissio erb: •' ` Conner Cha rman