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HomeMy WebLinkAbout429 JoyceMr. James Joyce, Mayor 112 Munsey Avenue Pittsburgh, PA 15227 Re: 84 -173 -C Dear Mr. Joyce: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION _ November 4, 1985 Order No. 429 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, the Mayor of Brentwood Borough, violated Section 3(a) of the Ethics Act which prohibits the use of public office or confidential information gained through that office for personal financial gain when you advertised your business (Jones, Kapp & Joyce, Opticians) as part of the 5 -K Run which was part of a July 4th celebration of the borough. A. Findings: 1. You served as Mayor of Brentwood Borough during 1984 and are subject to the requirements of the Ethics Act (Act 170 - 1978). 2. You have been in charge of the borough's July 4th celebration for a number of years. 3. You select a committee each year to help you solicit contributions from individuals and local businesses to finance the celebration. 4. At the July 4th, 1984 celebration, Brentwood Borough held the "Brentwood first firecracker 5 -K Race." Events and actions leading to this race were as follows: a. February 13, 1984, Bill Richards suggested having a jogging race. b. You, Jim Rohm, and Jim Kunald were members of the race committee. You had asked Mr. Rohm to assist you in organizing this event. Mr. James Joyce Page 2 November 4, 1985 c. Mr. Rohm stated that he needed approximately $1,800 to organize this race. He contributed $900 and suggested going door -to -door for the remaining money. You disagreed with this because the Parade and other committees were already soliciting door -to -door. It was agreed that members of the race committee would contact various businesses for contributions and that those contributing would have their names placed on a Kanner advertising the race. d. Mr. Rohm secured contributions from Show Biz Pizza, Seidel's Men's Wear and MacDonald's Restaurant. Mr. Kunald got contributions from Rohert's Restaurant and you asked the manager of Equibank to be a sponsor on the race. In addition, Palmiere's Hair Center also received a letter from you and agreed to co- sponsor the event. 5. You contributed $200 to the July 4th event; $100 as Mayor and $100 as the President of Jones, Kapp and Joyce Opticians. 6. The April 26, 1984 addition of the South Hill Record carried an article on the race and stated that the sponsors were Brentwood Mayor James Joyce, Jones, Kapp and Joyce Opticians, Palmiere's Hair Center, MacDonald's Restaurant, Seidel's Men's Wear, Robert's Family Restaurant, Equibank, and Entertainment '84. 7. Other reports and activities surrounding the race were: a. May'14, 1984, you reported that the banner for the race would be hung across the Brownsfield Road on June 1. h. June 11, 1984, you reported on the status on the 5 -K Race. c. May 16, 1984, the Brentwood Independence Day Committee - William J. Sullivan, Chairman; James H. Joyce, Mayor of Brentwood; Walter J. Laska, Co- Chairman; Jerry F. Sullivan, Secretary; and Anna S. Richards, Treasurer, distributed a flier which included a statement that the race would be held at 9:30 a.m. In addition, it solicited financial support from the residents and husiness people to accomplish these activities. It did not mention a Kanner for the race but included the race in the activities for the day. 8. Some of the sponsors' names appeared on the banner and some on T- shirts for the race. 9. A flier described the race, registration fees, and listed the following sponsors: Brentwood Mayor James Joyce, Jones, Kapp and Joyce; Palmiere's Hair Mr. James Joyce ' -Page 3 November 4, 1985 Center; MacDonald's and You; Seidel's Mens Wear; Robert's Family Restaurant; South Hills Record; Equibank and Entertainment '84. 10. An advertisement was also placed in the Patriot, a local newspaper. B. Discussion: 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). It is clear that you were active in the Brentwood July 4th festivities and the race as the Mayor of Brentwood. However, you have participated in these activities in the past and the only difference in 1984 was the 5 -K race. There is no evidence that you used your office to organize this race or that you used your office to solicit contributions. There is also no evidence that information about this race was confidential information gained through your office. The information about the race was included in a number of public announcements, a newspaper advertisement, and at least one newspaper article. Solicitation for sponsors was carried out by at least three people and there is no indication that you attempted to limit these solicitations. While it is possible that you realized financial gain because of the advertisement on the race banner, we find no evidence that this occurred through the use of your office or confidential information gained through that office. C. Conclusion: You did not violate Section 3(a) of the Ethics Act when you solicited sponsors for the race banner and included your name and firm among those sponsors. There is no evidence that you used your office or confidential information gained through that office for this advertisement and we will take no further action under these circumstances. 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. James Joyce , ' - .Page 4 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 /sfb fly the Commyssion erbpri' -. Conner Chairman November 4, 1985