HomeMy WebLinkAbout456 DorranceMr. Bradford Dorrance
334 Elm Avenue
Hershey, PA 17033
Re: 85 -128 -C
Dear Mr. Dorrance:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
March 3, 1986
Order No. 456
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 attorney for the Department of Public Welfare,
violated Section 3(a) of the Ethics Act which prohibits a public employee or
puhlic official's use of office or confidential information gained through
that office to obtain financial gain by conducting private law practice using
state office space, postage, phone service and time.
A. Findings:
1. You had served as an attorney in the Department of Puhlic Welfare until
your resignation effective November 7, 1985 and are subject to the
requirements of the State Ethics Act. You had served as an attorney in the
Department of Public Welfare since approximately 1980.
2. As a private attorney, you represented Francis J. Barnes in an action
filed against Mr. Roy C. Cox. You filed a numher of documents in this matter.
a. These documents included the address of P.O. Rox 8016, Harrishurq,
Pennsylvania, 17105 -8016.
h. These documents also included a phone numher (717) 783 -7783.
c. One document contained the following: "Bradford Dorrance, Esquire,
P.O. Rox 8016, Harrishurq, Pennsylvania, 17105 -8016 and phone numher
(717) 783-7772. This phone numher is one of the Department of Puhlic
Welfare numhers.
Mr. Bradford Oorrance
Page 2
March 3, 1986
3. You were employed by the Department of Public Welfare, Office of Fraud
Abuse Investigation Recovery, 4th Floor, Commerce Building, P.O. Box 8016,
Harrisburg, Pennsylvania. Your working phone number was (717) 783 -7783, the
same number identified on documents filed on behalf of Mr. Barnes.
4. You admit that these documents were typed by your secretary but state that
they were typed during her lunch hour.
5. You also admit that you prepared the documents hut state that you prepared
them after normal work hours.
6. You admit that the state paid for the postage and stationery was used.
7. You also admit that there were two mailings in which this occurred - late
August and September of 1985.
8. You performed the service as a favor and were not paid for the work.
B. Discussion: As an attorney serving in the Pennsylvania Department of
Public Welfare, you were a public employee as that team is defined in the
State Ethics Act. 65 P.S. 6402; Thau, 84 -020A; Maunus, 84 -020B. As such a
public employee, your conduct is subject to the State Ethics Act.
The Ethics Act provides 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
memher of his immediate family, or a business with which
he is associated. 65 P.S. 403(a).
Clearly, within this provision of law, public employees may not use their
position in order to obtain any financial gain for themselves, other than the
compensation provided by law. Thus, wi thin the above provision, this
Commission has previously ruled that a public official or employee may not use
the personnel , facilities, equipment or other materials of their public
employer to advance their private enterprises. See Nelson, 85 -009; Cessar,
82 -002. In the current situation, it is a clear that you in fact didd utilize
the facilities of the Pennsylvania Department of I including the
equipment, the materials, and the postage in order to complete legal work on
behalf of a fellow employee. Additionally, the office address and telephone
numbers are employed as a contact point for this matter. See Street, 81 -005.
While the Commission has found no evidence that you were being compensated as
an attorney for this matter, there is no douht that you did obtain a financial
gain through the utilization of the Department of Public Welfare's facilities
Mr. Bradford Dorrance
Page 3
March 3, 1Q86
in this matter. This is so in that in order to process this matter, even
though you may have agreed to provide such service for free, you as a private
attorney, would have had to incur expenditures for materials, postage, and
secretarial labor in order to complete your work. Thus, the fact that you
were able to process and complete this matter without any personal
expenditures was a result of the fact that you used the materials, facilities,
and equipment of the Department of Public Welfare. Thus, you realized
financial gain when you were not required to make the expenditures required to
process this matter. We, thus, believe that you have violated Section 3(a) of
the State Ethics Act. As clearly set forth in Section 1 of the State Ethics
Act, public office is a public trust and any effort to realize personal
financial gain through public office is a violation of that trust. As an
attorney, you above all, should have been more sensitive to the use of the
Commonwealth's facilities as part of a private endeavor. You violated the
State Ethics Act as well as the public trust.
Our investigation has not revealed any similar types of activity other
than this particular incident. Additionally, we note that you have terminated
your employment with the Pennsylvania Department of Public VIelfare and are now
in private practice. Because of these factors, we will take no further action
in this matter.
C. Conclusion: You violated Section 3(a) of the State Ethics Act when you
utilized the equipment, facilities, materials and postage of the Pennsylvania
Department of Public Welfare in order to prepare and file a private civil
court action. Because of the factors set forth above, we will, howeve =r, take
no further action in this matter.
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 setvrte (defined
as mailing) unless you file documentation with the Commission w!r ch justifies
reconsideration and /or challenges pertinent factual indings. See 51 Pa. Code
2.38. During this 15 -day period, tic 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 shal 1 he fined not more than S1 ,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
By the Commission,
Her ert ' . Conner
Chairman