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HomeMy WebLinkAbout555 CowieMr. Donald W. Cowie 565 Melander Street Johnstown, PA 15905 Re: 86 -134 -C Dear Mr. Cowie: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 555 DECIDED MAR_ gg7 MAILED 7 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 Supervisor in Upper Yoder Townshi rohibits a P. violated Section 3(a) of the Ethics Act which P public employee's or public official's use of office or confidential information gained through that office to obtain financial gain, by having Upper Yoder Township pay premiums for your hospitalization /medical plan even though you were not employed by the township in any capacity other than a Supervisor, and that you have not reimbursed the township for these premium payments despite stating in an April 9, 1984 request for opinion letter to this Commission that you would reimburse the township if the State Ethics Commission so ruled and the Commission did, in fact, issue Opinion 84 -010, ruling that your agreement to repay the premiums was an acceptable resolution to the issue. A. Findings: 1. On July 31, 1984, the State Ethics Commission issued advisory Opinion 84 -010 to you regarding whether you, as a Supervisor in Upper Yoder Township a township of the second class, were entitled to participate in certain insurance programs paid for by the township. 2. That Opinion concluded that: As a Township Supervisor who is not currently employed in a capacity by the township other than as supErvisor, you may not, consistent with Section Mr. Donald W. Cowie Page 2 3(a) of the Ethics Act, use your public office to obtain or to have the hospitalization program. You have taken the steps necessary to have the township discontinue its payments of the premiums associated with your coverage under this policy. Your voluntary repayment to the Township of premiums already paid by the township for your participation in this program is an appropriate and acceptable remedy. 3. You appealed that Opinion to the Commonwealth Court of Pennsylvania and as such, did not reimburse, at that time, the township for any funds used in relation to the aforementioned insurance coverage. 4. On November 1, 1985, the Commonwealth Court of Pennsylvania issued an opinion and order affirming State Ethics Commission Opinion, 84 -010. 5. On November 18, 1985, the Executive Director of the State Ethics Commission contacted you via letter regarding this matter. 6. By letter dated November 27, 1985, you advised the Commission Executive Director that you intended to reimburse Upper Yoder Township for expenditures made by Upper Yoder Township, on your behalf, for participation in the insurance programs. You first requested that the Commission issue an opinion regarding certain pending legislation and litigation and your right to a refur.d of your money in the event that the outcome of those matters was favorable to your position. 7. By letter dated January 16, 1986, the Executive Director of the State Ethics Commission advised that the Commission did not have the authority to address the matters raised in your letter of November 27, 1985. 8. On July 15, 1986, you were advised that the State Ethics Commission would investigate the matter as no reimbursement had been made to the township as of that date. 9. By letter dated July 19, 1986, you advised that you would honor your committment for reimbursement to the township for funds expended on your behalf, but you first wanted the State Ethics Commission to address the issue outlined in your letter of November 27, 1985. (Finding 6). 10. On July 24, 1986, the Executive Director of the State Ethics Commission advised that the investigation would continue as the Commission had previously determined that it was not authorized to address the issues presented. 11. On August 6, 1986, you forwarded payment to the secretary /treasurer of Upper Yoder Township as reimbursement for your participation in the township insurance programs as follows: Mr. Donald W. Cowie Page 3 a. Blue Cross /Blue Shield Hospitalization: January 1, 1983 to March 31, 1984 $860.93 b. Blue Shield - Eye /Dental $350.55 Total: $1,211.48 c. Payment was made by way of check 131, dated August 6, 1986. B. Discussion: As a supervisor in a second class township, you were a pubic official as that term is defined in the State Ethics Act. 65 P.S. §402. This Commission, as previously noted, concluded that a non - working township supervisor could not secure for himself, insurance coverage of the type herein involved, as such was not part of the compensation provied by law. 65 P.S. §402. This position is supported by various judicial decisions, McCutcheon v. State Ethics Commission, 77 Pa. Commw. Ct. 529, 466 A.2d 283, 19 2 T Conrad v. Exeter Township, 27 D & C 3d 253 (Berks 1983); Synoski v. Hazel Township, Pa. Commw. , 500 A.2d 1282, (1986); your payment to the township, as set forth in the findings, is in accord with our prior opinion in this matter. C. Conclusion: Your payment of $1,211.48 to Upper Yoder Township as reimbursement for the township's expenditures of funds on your behalf for insurance coverage, is in accord with our prior opinion in this matter. Our files in this matter will, therefore, be closed. 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, G. Sieber Pancoast Chairman