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HomeMy WebLinkAbout369 ShultzMs. Darlene Schultz First Deputy Sheriff Clearfield County 613 Brisbin Street Houtzdale, PA 16651 Re: 84 -63 -C Dear Ms. Schultz: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION March 12, 1985 Order No. 369 b. You are subject to the Ethics Act. 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 Deputy 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, attend this convention and arranged with Sheriff Chester Hawkins to split these funds obtained from the County in violation of Section 3(a) of the Ethics Act, 65 P.S. 403(a). Findings: 1. You serve in the capacity of First Deputy Sheriff, Clearfield County, Pennsylvania. You served in that capacity in 1983 and are subject to the Ethics Act. a. This position is one appointed to by the Sheriff. Compensation is set by the County Commissioners. Ms. Darlene Shultz Page 2 March 12, 1985 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. Clearfield County Sheriff, Chester Hawkins, annually attends these conventions and permits one deputy to attend each year. a. You were chosen by Hawkins to attend the 1983 convention. 4. Records in possession of then Secretary- Treasurer of the Sheriffs' Association, Joseph Bakes, confirm the following: 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 not pre- register or register to attend this convention. Ms. Darlene Shultz March 12, 1985 Page 3 5. Records of the Holiday Inn, 4th and Arch Streets, Philadelphia, Pennsylvania confirm that you were not a guest at that facility during the period of July 13, 1983, through July 16, 1983. 6. Records obtained from Clearfield County Controller, C. Frederick Ralston, confirm the following: a. Requisition dated June 23, 1983 bearing your name requesting $375 in expense money and $104 for mileage (520 miles at .20 per mile) to attend the Sheriffs' Conference in Philadelphia, Pennsylvania on July 13, 14, 15, and 16. Total requested - $479. b. Check No. 41360 issued by the Clearfield County Commissioners on July 1, 1983, in an amount of $479. Check made payable to Darlene Shultz. c. Time card for Darlene Shultz for pay period from July 11, 1983, to July 15, 1983. Time card shows hours worked on Monday and Tuesday but no hours worked on Wednesday, July 13, Thursday, July 14 and Friday, July 15. 7. You admit that you received, endorsed and cashed check No. 41360 (Finding 6b) and converted those funds for your own use. 8. You also admit that you did not attend the 1983 Sheriffs' Convention (Finding 4 a & b). You also did not report for work on July 13, 14, or 15, but you were compensated for these days. 9. You retained the expense money totalling $479, and did not intend to return same to the County. 10. You gave Sheriff Chester Hawkins $50 of your expense money. This money was to be applied toward the purchase price of a gift that was to be donated by Hawkins to be given as a door prize at the convention. 11. In early March, 1984, you were called to a meeting by the Clearfield County Commissioners. Present were County Commissioners Harry Fred Bigler, Jay Master, Tim Morgan and Comptroller C. Frederick Ralston. During that meeting you admitted that you did not attend the 1983 convention and that you retained the expense and mileage money for your own use. a. The Commissioners informed you that the matter would be investigated by the State Ethics Commission. 12. 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. Ms. Darlene Shultz March 12, 1985 Page 4 13. The County Commissioners directed you to repay the sum of $479 to Clearfield County. a. Receipt M No. 7367 dated March 23, 1984, and signed by County Treasurer, James Laing, confirms a miscellaneous reimbursement by you in the amount of $200. b. Receipt M No. 7502 dated May 1, 1984 and signed by County Treasurer James Laing, confirms a miscellaneous reimbursement by you in the amount of $279. B. Discussion: Section 3(a) of the Ethics Act 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. The evidence that you used your office for financial gain not allowed by law is overwhelming. You admitted that you had requested and received $479 and retained this money without carrying out the official responsibilities for which it was approved. Although you repaid the County after the matter was brought to the attention of the County Commissioners, you violated Section 3(a) of the Ethics Act. Penalties for violating Section 3(a) of the Ethics Act are contained in Sections 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 Treasurey a sum of money equal to three times the financial gain resulting from such violation. 65 P.S. 409(c). Ms. Darlene Shultz Page 5 March 12, 1985 Although you reimbursed the County for the amount of money you received to attend the convention, the Commission believes your actions and the circumstances in which you took them warrant the full penalties of the Ethics Act. You are a law enforcement official and are sworn to uphold laws of the Commonwealth. In addition, your position should make you more aware of legal requirements and standards. Despite your position and your knowledge, you knowingly accepted money and converted it for your personal use. In addition, you were paid by the township for three days for which you did not work. This compensation is also not allowed by law. Courts have upheld the Commission's authority to require repayment of up to three times the amount of the financial gain in accordance with Section 9(c) of the Ethics Act and we believe this is an appropriate penalty under these circumstances. Your financial gain was the $479 you received for the convention and the pay you received for three days. C. Conclusion: You violated Section 3(a) of the State Ethics Act and realized the financial gain of $479 and three days pay. In accordance with Section 9(c) of the Act, you are required to repay $1437 (three times your gain of $479). However, you have already repaid $479 to the County and we will require only the balance of $958 to be repaid. In addition, you must also repay an amount equal to three days pay, calculated at the rate of pay effective on July 13 -15, 1983, inclusive. Alternatively, you may relinquish three days of annual leave in lieu of the aforementioned payment. Within 30 days of this Order, you are to submit a check for this balance and a check equivalent to three days salary payable to the Treasurer of the Commonwealth of Pennsylvania as required by 9(c) of the Ethics Act, 65 P.S. 409(c). In the event you choose to relinquish annual leave as set forth above, you need only forward to the State Ethics Commission the aforementioned check for $958 and appropriate documentation evidencing such relingishment. This Order will also be referred to the appropriate law enforcement official for a determination of whether prosecution under Section 9(a) 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 this1TrF, may violate this confidentiality by releasing, discussing or circulating this Order. EMS /na Ms. Darlene Shultz 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). mi sion By th Co erhe Chairman ner