HomeMy WebLinkAbout368 HawkinsMr. Chester A. Hawkins
Sheriff, Clearfield County
1904 - Rear of E. Dorey Street Ext.
Clearfield, PA 16830
Re: 84 -62 -C
Dear Mr. Hawkins:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
March 12, 1985
Order No.368
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 follow:
I. Allegation: That as Sheriff in Clearfield County, you requested and
received advances and reimbursements for per diem and expenses from the County
to attend the State Sheriffs' Convention in Philadelphia, July 13, 1983 to
July 16, 1983, but did not, in fact, fully attend this convention and that you
split or shared similar funds obtained for the attendance of said convention
by Deputy Sheriff Darlene Schultz, who did not attend this convention, in
fact, thereby violating Section 3(a) of the Ethics Act, 65 P.S. 403(a).
Findings:
1. You serve as the Sheriff, Clearfield County, Pennsylvania. You served in
that capacity in 1983 and as such are subject to the requirements of the
Ethics Act.
Mr. Chester A. Hawkins
Page 2
2. The County Code provides that:
§ 443. Expenses of attending members to be paid by
county; time limit on meetings
(a) The expenses of all authorized county officers
attending the annual meetings of their associations shall
be paid by the several counties out of general county
funds. Each of these officers, except the county
commissioners, shall be allowed for his expenses not to
exceed seventy -five dollars ($75) per day for the number
of days specified in subsection (b) of this section,
together with mileage going to and returning from such
meeting. The expense allowance shall be paid for each day
not in excess of two in going to and returning from such
meeting.
As amended 1959, April 17, P.L. 45, § 1; 1961, Sept. 2,
P.L. 1159, § 1; 1965, Dec. 22, P.L. 1179, § 1, effective
first Monday of January 1966; 1974, May 9, P.L. 276, No.
79, § 1, imd. effective; 1980, Dec. 12, P.L. 1174, No.
216, § 1, imd. effective.
(b) The annual meeting of the association of county
commissioners, county solicitors and chief clerks shall
not exceed four days, that of the district attorneys shall
not exceed three days, and those of all other State
associations shall not exceed three days in every case,
exclusive of the time spent in traveling to and from the
said meetings. 1955, Aug. 9, P.L. 323, § 443.
3. You annually attend these conventions and permit one deputy to attend each
year.
4. Records in possession of then Secretary - Treasurer of the Sheriffs'
Association, Joseph Bakes, confirm the following:
March 12, 1985
a. The 1983 convention was scheduled from July 13, 1983, through July
16, 1983.
b. The site was the Holiday Inn, 4th and Arch Streets, Philadelphia,
Pennsylvania.
c. You did register to attend the convention and attended some of the
affairs.
5. You stated that you left the convention sometime on Friday, July 15, 1983.
Mr. Chester A. Hawkins
Page 3
A. March 12, 1985
6. Records of the Holiday Inn, 4th and Arch Streets,f, Philadelphia,
Pennsylvania confirm that you were a guest at the fac checking in on
July 13, 1983 and checking out on July 15, 1983.
7. Records obtained from Clearfield County Controller?, C. Frederick Ralston,
confirm the following: o ;
a. Requisition dated June 23, 19,43, bearing. name, requesting $375
in expense money and $104 for mileage (5a0 i-1es at .20 per mile) to
attend the Sheriffs' Conference in Philad$hia, Pennsylvania on July
13, 14, 15, and 16. Total requested - $4794:
b. Check No. 41359 issued by theC1earfield minty Commissioners on July
1, 1983, in an amount of $479. Check made 1pvayabl a to Chester
Hawkins.
8. You admit that you received, endorsed and cash,ect check No. 41359 (Finding
6b) and converted those funds, ,fpr youl',,;own use. : : ;r , j r :
9. You also admit that prior, to the , you, r $50 from Deputy
Sheriff Darlene Schultz to be -used, to; buy a gift was to be awarded as a
door prize at the convention.,,. e .
a. You state that at each year's.conventior, county attending will
donate a gift usually valued ,a,t,- $1-A0. and that tgifts are awarded at the
convention.
b. You also contributed $50 toward the purchase, of a gift.
10. In early March, 1984, you; were called to a meet by the Clearfield
County Commissioners. Present were.County Commissicr,er Harry Fred Bigler, Jay
Master, Tim Morgan and Comptroller C. Frederick Ralston. During that meeting
you admitted that you retained, the. expense and mileage money,
a. The Commissioners informed you that the ntia,tl would be investigated
by the State Ethics Commission. E
h. You admitted to the Commission that you /Iew.Deputy Sheriff Schultz
did not attend the convention but took no action- agd her.
co You told the Commission that you had attended the entire convention
and had travelled to Philadelphia, in a carf_,
do Gasoline expenses were paid for by credit s hard issued to the county
and were in addition to the mileage rate for which, you were reimbursed.
Mr. Chester A. Hawkins March 12, 1985
Page 4
11. You received a letter of official reprimand dated March 6, 1984, from the
Clearfield County Commissioners citing irregularities in expense account
reporting. You were ordered to make restitution to "Clearfield County subject
to confirmation and acceptance of the Pennsylvania State Ethics Commission."
12. The County Commissioners directed you to repay the sum of $100 to
Clearfield County.
a. Receipt M No. 7513 dated May 3, 1984, and signed by County Treasurer,
James Laing, confirms a miscellaneous reimbursement by you in the
amount of $100.
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).
The County Code provisions are specific. It states expenses are not to
exceed $75 per day and the number of days for other state associations - a
phrase which would include the Sheriff's Convention - should not exceed three
days while allowing (emphasis added) payment for each day not exceeding two
days for traveling to and from the meeting. There is no language that would
allow expenses for days when one does not attend the convention. You
collected daily expense money for five days but attended only three days of
the convention. While the Code allows expenses for two days of traveling,
there is no evidence that you traveled on days other than July 13, and 15. It
would be unreasonable to believe that the Code is intended to allow payment of
$75 for a travel day and $75 for an attendance day when both (travel and
attendance) occur on the same day, thereby allowing you to realize a total of
$150 for one day. Therefore, you collected and retained $150 more in daily
expenses than the County Code allows.
The Code also allows reimbursement for mileage. However, the General
Assembly could not have intended to reimburse a county officer for mileage
when a county car is used and gasoline is purchased through the use of a
county credit card. The Code states county officers "shall be allowed for
his expenses (emphasis added): "; the use of the county's car and credit card
f purerase gasoline could not be characterized as your expenses. They were
county expenses. Therefore, you collected $104 for mileage reimbursement
which is not allowed by the County Code.
You collected a total of $254 in expenses in mileage reimbursement not
allowed by the County Code and therefore violated Section 3(a) of the Ethics
Act by using your office to realize this financial gain not allowed by law.
Mr. Chester A. Hawkins March 12, 1985
Page 5
Penalties for violating Section 3(a) are contained in 9(a) and 9(c) which
state that:
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).
(:) 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
bnancial gain resulting from such violation. 65 P.S.
409(c).
The Court has confirmed the Commission's authority to assess a penalty of
up to three times the amount of financial gain realized through a violation of
the State Ethics Act. We believe this full penalty is appropriate under
these circumstances. There are no mitigating factors. You hold a highly
responsible law enforcement position which places upon you a greater
responsibility to understand and uphold the law. The amount of your penalty
is $762 (three times your financial gain of $254) less the $100 which you have
paid to the county for a total of $662.
C. Coy dclusion: You violated Section 3(a) of the Ethics Act when you
realized a f nancial gain of $254 not allowed by the County Code. Within 30
days of this Order, you must submit to the State Ethics Commission, a check
in the amount of $662 (three times your gain of $254 less the $100 you have
already paid) payable to the Treasurer of the Commonwealth of Pennsylvania,.,
We are also forwarding this Order to the appropriate law enforcement official
to determine whether prosecution is warranted.
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.
Mr. Chester A. Hawkins March 12, 1985
Page 6
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 /na
the ,si
erbek`t nner
Chairman
Mr. Chester A. Hawkins, Sheriff
Sheriff's Office - Clearfiled County
Courthouse
Clearfield, Pennsylvania 16830
Dear Mr. Hawkins:
EMS /rdp
Enclosure
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
July 12, 1985
I acknowledge receipt of your personal check no. 697 for $662.00 payable
to the Treasurer of the Commonwealth of Pennsylvania.
A copy of the Transmittal of Revenue form is enclosed.
This check meets the payment requirements of the State Ethics Commission
Order No. 368.
Sincerely,
Edward M. Seladones
Executive Director