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HomeMy WebLinkAbout394 FarrisMs. Loretta Farris.`-: 274 Chapel Street Luzerne, PA 18709 Re: 84 -136 -C Dear Ms. Farris: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION August 5, 1985 Order No. 394 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 Wyoming Valley West School District Director and an employee of Luzerne Intermediate Unit, violated Section 3(a) of the Ethics Act, 65 P.S. 403(a), which prohibits the use of office or confidential information gained through that office by a publc official or public employee for personal financial gain when you voted to approve the Luzerne Intermediate Unit budget which included a salary increase for yourself. A. Findings: 1. You are a member of the Board of School Directors for Wyoming Valley West School District. 2. Wyoming Valley West School District is one of 12 school districts constituting the Luzerne Intermediate Unit (L.I.U.). 3. The L.I.U. was established pursuant to the Public School Code. 24 P.S. §9 -951 et. seq. 4. The L.I.U. is governed by a board of directors who are selected from the members of the board of directors of the school districts comprising the intermediate unit. 5. You are not a member of the L.I.U. Board of Directors. 6. You are employed by the L.I.U. as the Unit's Library Media Examination Center Director. Ms. Loretta Farris Page 2 7. In this position, you generally are responsible for maintaining a well organized school library collection and for assisting school librarians and educators in implementing the goals of quality education. 8. You report to the L.I.U. Executive Director and also perform other professional duties as assigned by the board of directors. 9. On April 25, 1984, . the L.I.U. annual convention was held for the purpose of adopting the levies and appropriations of the summary budget of the L.I.U. for the fiscal year July 1, 1984 to June 30, 1985. 10. Representatives from the 12 boards of directors were present. 11. You were present as a representative of the Wyoming Valley West School District. 12. Wyoming Valley West was allocated 60 portions of 120 total portions in relation to the budget voting. 13. Your individual portion was 10 out of 320. 14. The budget for L.I.U. was passed by a vote of 309 to 8. 16. The budget that was adopted was one that had been prepared and recommended by the staff of L.I.U. 19. Luzerne Intermediate Unit employs seven administrators, nine clerical /support personnel and eight technical workers. August 5, 1985 15. You voted for the budget as did all the representatives of your school district. 17. This budget contained a reserve category of 5% representing a potential salary increase for all L.I.U. supportive, clerical and administrative employees. 18. On Decembr 19, 1984, the L.I.U. Board of Directors, at a regular meeting, approved a salary increase of 5% for various positions including program specialists which includes your position. 20. The budget for L.I.U. is prepared by the Executive Director of the Unit and submitted to the sponsoring school districts. 21. Department Directors for L.I.U. may suggest changes to the budget but have no authority in relation to the final product. Ms. Loretta Farris Page 3 22. You are a Department Director. August 5, 1985 23. There is no evidence that you, in your position with L.I.U., participated in the preparation of the budget that was recommended to the school districts. B. Discussion: 'As a school director, you are a public official as that term is defined in the State Ethics Act and your conduct must conform to the requirements thereof. 65 P.S. §402; Krier, 84 -002; Blaney, 84 -003. The Ethics Act provides that: 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). We have recently determined that within the above provision of a law, certain employees of a community college, who also served as school directors in sponsoring districts, could not participate as school directors in the consideration or adoption of a budget for the institution. Yaw, 85 -011. As we noted in Yaw, the Commission attempted to strike a balance between the goals and purpose of the Ethics Act in insuring the impartiality of public officials and permitting those officials to perform the duties of their office. We believe that pursuant to the Ethics Act, the public official's financial interests must be sufficiently separated from the official's responsibility to the public. We did, however, note that not all positions of employment in the college would occasion this result. Our conclusion was based upon the particular nature of the positions held by those individuals. In that matter, both school directors were upper management level college employees who, in part, were responsible for drafting and formulating the college budget. Here our investigation revealed that your position of employment is substantially different from those set forth in Yaw. You have no authority in relation to the budget that the institution proposes to the sponsoring district. Ms. Loretta Farris Page 4 Thus, unless the budget that was approved by the districts, and upon which you voted, accorded some special or unique treatment to you, there would be no violation of the Ethics Act. See Krier, 84 -002. Here, no such facts are present. Additionally, you are not a member of the Board of Directors for L.I.U. and, therefore, did not vote on the salary increase that specifically benefitted you. C. Conclusion: .Under the above circumstances, we find no violation of the State Ethics Act. 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. 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). JJC /sfb By the C erb B. Conner Ch. rman August 5, 1985