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