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HomeMy WebLinkAbout485 KimmelMr. William P. Kimmel 5516 - 5th Avenue Altoona, PA 16602 Re: 85 -17 -C near Mr. Kimmel: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION May 2, 1986 Order No. 485 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 School Director of the Altoona School District and a memher of the operating committee of the Altoona Area Vocational Technical School, violated Section 3(a) of the Ethics Act which prohibits a puhlic employee's or puhlic official's use of office or confidential information gained through that office to obtain financial gain by using school equipment for your personal and business purposes and by collecting double reimbursements for expenses. A. Findings: 1. You have been a memher of the Altoona Area School Board since 1967 and, as such, are a puhlic official subject to the requirements of the State Ethics Act. (Act 170- 1978). 2. You have also heen a memher of the Altoona Area Vocational and Technical School Joint Operating Committee since 1971. You served as president of this committee in 1984. a. The committee consists of eighteen hoard memhers from various school districts. You are one of nine memhers from the Altoona School District. 3. You are also a memher of the State Board of Education. Mr. William P. Kimmel Page 2 4. In the fall of 1982, you attended the Pennsylvania State Education Association Seminar in Pittsburgh. A school van was used to transport you and your wife to the Am -trak Station and for your return trip from Pittsburgh to Altoona. a. Your wife accompanies you on trips because you suffer from a heart condition and are uneasy about travelling alone. b. There is no evidence that you charged the school district for your wife's expenses. c. This transportation was provided at the direction of the executive di rector. 5. There is no evidence that you collected reimbursement for expenses to which you were not entitled. May 2, 1986 6. You had work done to your private vehicle by the Altoona vo -tech students as follows: a. September 14, 1982 - oil change and filter at a total cost of $8.85; October 5, 1982 - engine repair at a total cost of $101.18; October 27, 1982 - carburetor repair for a total cost of $59.37 b. All of these bills were paid in March, 1984. There is no explanation for the delay in payments. c. There is no evidence that you used school district vehicles while your private vehicle was being repaired at the vo -tech school. d. It is a normal practice to have vo -tech students work on school district personnel cars as long as the owner pays for the parts. e. Members of the general public may also use these facilities of the vo -tech school. f. Rates are the same for all who participate in this program. B. Di scussion: As a School Di rector you are clearly a public official as that term is used in the State Ethics Act and, therefore, subject to the requirements of the Act. See, Jersey Area School District v. Bittener, 81 Pa. Comm. 30, 472 A.2d 1183, (1984); Yaw, 85 -011. As such a public official, your conduct must conform to the requirements of the State Ethics Act. 65 P.S. §401 et. seq. Generally, the State Ethics Act provides as follows: Mr. William P. Kimmel Page 3 May 2, 1986 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). Pursuant to the above provision of law, you may not use your position as a school di rector in order to obtain any financial gain for yourself a member of your immediate family or a business with which you are associated. In the instant situation, our investigation revealed no evidence that you collected any reimbursement for expenses to which you are not entitled. Additionally, while you did have the students of the vo -tech school, for which you are a member of the Operating Committee, perform services on your private vehicle, you reimbursed the school for such repair work. Students generally are available to perform work as part of their training on the vehicles of the school district's personnel autos. The owners of such vehicles, however, are required to pay for the parts. The availability of this service is open to the general public who pay the same rates for such services. In the instant situation, our investigation has revealed that you did reimburse the school district for the work performed on your vehicle. While the services on the vehicle did take place in September and October of 1982, payment was not made until March, 1984. This substantial delay in the payment of the bills in the instant situation has occasioned a perception that you were using your position in order to obtain a financial gain, the work performed on your vehicles, other than the compensation provided for by law. You should be aware that your failure to promptly reimburse the school district for such allowable services could result in the public perception that you have, in fact, obtained a financial gain other than the compensation provided for by law. In the instant situation, because you did reimburse the school district for the services performed, we have found no violation of the State Ethics Act and will take no further action in this matter. C. Conclusion: There is no violation of the State Ethics Act in the instant situation, in light of the fact that you reimbursed the vo -tech school for services performed on your vehicle by the students attending said school. In the future you are advised to be more prompt in the payment of such allowable expenses as the failure to do so could cause certain public misperceptions that you are using your position in order to obtain a financial gain other than the compensation provided for by law. Mr. William P. Kimmel Page 4 May 2, 1986 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). By the Commission, sz!1. A 00" G. Sieber Pancoast Chairman