HomeMy WebLinkAbout639 CurryMr. Austin J. Curry
P.O. Box 11
LaJose, PA 15753
Re: 86 -147 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 639
Date Decided: March 10, 1988
Date Mailed: March 16, 1988
Dear Mr. Curry:
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, President of Newburgh Borough Council, violated
Section 3(a) of the Ethics Act which prohibits a public employee's or public
official's use of office or confidential information gained through that
office to obtain financial gain, in that you supervised participants in a
Summer Youth Employment Training Program and directed these participants to
work on your personal automobile and on your personal property.
A. Findings:
1. You served as a member of the Newburgh Borough Council, tlearfield County,
Pennsylvania.
a. You have served in this position for over thirty years.
b. You are president of the borough council.
2. In 1986, Newburgh Borough participated in a federally sponsored Summer
Youth Employment and Training program under the Job Training Partnership Act.
a. The program was a six - county endeavor administered by Central
Pennsylvania Community Action, Incorporated, Clearfield,
Pennsylvania.
b. The purpose of this program was to provide youth with various types
of summer employment opportunities, duties and responsibilities as
part of a supervised training experience.
Mr. Austin J. Ci r■!
Page 2
3. Central Pennsylvania Community Action, Incorporated, (CPCA) project
request form indicates that Newburgh Borough applied for participation in the
program on April 26, 1986 for the summer of 1986.
a. You were identified as the contact person and authorized worksite
individual and supervisor.
b The projects to be completed by the summer
as "working in park, cemetery, streets and
c. The form indicates that if the application
the borough."
a.
b.
employees were identified
general work."
is approved it will "help
d. The application indicates that the supervisor (you) would make
individual assignments on a daily basis.
e. The application also indicates that the participants may learn "smai
engine repairs."
4. The 1986 Job Training Partnership Act agreement between the borough and
CPCA indicates as follows:
You are the worksite supervisor.
b. The job title for the employees is borough laborers.
c. The purpose of the program is to "acquire appropriate work habits,
learn skills related to borough laborer."
The agreement period is June 16, 1986 to September 30, 1986.
5. Pursuant to the aforementioned agreement the borough was to:
Provide constant, direct and adequate supervision of the participants
by two work -site supervisors who are to be knowledgeable of the
JTPA /SYETP rules, regulations program goals and objectives.
Comply with the applicable regulations regarding the placement of
SYETP participants in occupations /slots covered by a collective
bargaining agreement.
c. . ssure adequate accountability for all participants assigned to the
worksite.
d. Assure that Participants are paid only for actual time worked or for
time spent in JTPA /SYETP training activities and that participants
are not paid for holidays, sick leave, maternity leave,
doctor /dentist /attorney appointments, etc., vacation leave; or lunch
break. Overtime is not permitted and will not be paid fo
Mr. Austin J. Curry
Page 3
6. Ronald McMullen, the Youth Counselor from (CPCA) responsible for oversite
of the Newburgh job site provided the following information:
a. After the receipt of a complaint he and William Howe, the Executive
Director of CPCA, proceeded to the Newburgh worksite:
b. Upon arrival, they observed two of the summer employees washing one
of their personal vehicles.
c. They proceeded to your house and observed one of the summer
employees mowing your lawn.
d. The summer employees advised him that one had changed the timing gear
on your automobile.
e. You stated to them that you used your personal automobile for borough
duties and felt that it was appropriate to use the summer employees
to fix it.
7. William Howe provided the following information:
a. Upon receipt of a complaint, he proceeded with Ronald McMullen and
Jim McDowell, co- director of CPCA to the worksite.
b. They found that five or six of the summer employees were not being
supervised as required.
c. They then observed, at your house, one of the summer youths on
a lawn mower and two others under your personal vehicle.
d. They also found another summer employee washing her personal
vehicle.
e. You were then advised that the program would be terminated.
f. You requested that the program not be terminated and that the
officials ignore the transgressions.
8. James McDowell confirmed the above factual occurrences.
9. By letter dated July 28, 1986, to Michael Lawrence, JTPA Director, North
Central Pennsylvania Regional Planning and Development Commission, Howe
McDowell and McMullen advised, in part, as follows regarding what was observed
upon their arrival at the Newburgh worksite:
1. "Upon arrival at the site, 11:30 a.m., two participants were
observed washing another participant's vehicle.
Mr. Austin J. Curry
Page 4
2. Time cards were checked and one participant had left at 10:30
a.m. for the day showing 7 hours of work while only working
three and half hours. This was done by the participant even
though instructed by his supervisor to sign out when picked up
by his mother.
3. A visit to the worksite supervisor's '14r1 revealed the
fol lor'i ng:
a) One participant was working under the hood of the supervisor's
vehicle;
b) Four other participants were observed doing miscellaneous tasks
in the supervisor's back yard.
4. It was noted that the supervisor was not present to supervise
the participants for the first hour of the unannounced visit.
?.0. That ,e';ter further noted:
Each participant was individually asked a' their job
assignments and work during the p-'st six weeks on the
Summer Youth Employment Training Program. All of the
participants stated that they had done a great deal of w is
end accomplished many projects for the LaJose /Newburgh
wor°ksite. However, they had indicated that they have beer
given assignments that dealt directly with the
supervisor's personal property and vehicle. -
Mr. Austin J. Curry, worksite supervisor, was then
contacted and confronted with the previously mentioned
observations and accusations made by Wesley W. Beam.
r,ustin J. Curry refused to acknowledge any wrongdoings and
proceeded to justify and rationalize his overall
,upe'visory procedures. He also appeared to be
i nd ffer ent to the Summer Youth Employment Training
Program regulations. After a lengthy discussion, it was
c'lecided by the Executive Director, William J. Howe, that
the only feasible solution at this point in time was to
- Immediately close this Summer Youth Employment Training
Prograh+ worksite.
11. fou provided the following information in relation to this situation:
a. You admit that two of the summer employees worked on your personal
automobile.
b. You admit that you used the summer employee to mow your law..
Mr. Austin J. Curry
Page 5
c. You assert that only 10 hours were used on your personal projects.
d. You stated that you allowed the employees to do the same for anyone
who was too old to do their own work.
B. Discussion: As a councilmember for Newburgh Borough, you are a "public
official" as that term is defined under the Ethics Act. See Rider, Order
490 -R; 65 N.S. §402. As such, your conduct is subject to the provisions of
the Ethics Act.
Section 3(a) of the Ethics Act provides:
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).
Section 3(a) basically provides that a public official may not use his
public office or confidential information to obtain a financial gain other
than compensation as provided for by law for himself or a member of his
immediate family. Under this provision, this Commi ssion has determined that
the use of office by a public official to obtain a gain or benefit for himself
or a member of his immediate family which is not provided for in law
constitutes a "financial gain other than compensation provided for by law."
These determinations have been appealed to the Commonwealth Court of
Pennsylvania which has affirmed the Orders of the Commission. See McCutcheon
v. State Ethics Commission, 77 Pa. Comm. 529, 466 A.2d 283 (1983). See also
Yocabet v. State Ethics Commission, Pa. Comm. , 531 A.2d 536 (1987).
Thus, under this provision, a public official may not use his public position
to secure any financial gain for himself or his immediate family unless it is
provided for by law. Domalakes, Opinion 85 -010.
Under Section 3(a) quoted above, this Commission has determined that it
is improper for a public official to use his public office or any of the
facilities for his own personal use. See Huff, Opinion 84 -015. This
Commission has also issued orders wherein it has determined that public
officials have violated Section 3(a) of the Ethics Act in situations where
they have used public office or personnel or facilities for their own personal
benefit. See Julian, Order 472 -R, Dorrance Order, No. 456, Nye, Order 435 -R.
In the instant situation, you as Newburgh Borough councilmember were the
contact person and authorized worksite individual and supervisor for the
Central Pennsylvania Community Action, Inc., (CPCA) Project which was
federally sponsored under the Job Training Partnership Act. The borough
Mr. °usti n J. Curry
Page
entered into an agreement for a Summer Youth `' mployment and Training Program
with CPCA, the purpose of which was to employ individuals as borough laborers
so that they could "acquire appropriate work habits, learn skills related to
borough labor." Your duties as a worksite supervisor pursuant to the above
agreement required that you provide continued direct supervi s' on of the
participants, that you comply with the regulations regardi ng the placement of
the participants, that you assure adequate accountability as to the
participants and lastly that you assure that the participants would only be
paid for actual time worked in the program. However, the facts establish that
you used this program and the participants for your own personal gain rather
then public use. Youth Counselor Ronald McMullen stated that he personally
saw one of the summer participants in the program mowing your lawn while
another employee advised that he had changed the timing gear in your
automobile at your request. Mr. William Howe, the Executive Director of Ci 3 tA,
also observed one individual using a lawn mower at your personal residence and
two other individuals in the program working underneath your personal veKicle.
The foregoing statement and observation were confirmed by James McDowell who
is a co- director of CPCA. Further, in a July 28, 1986 letter of Michael
Lawrence who is the JTPA Director of the North Central Pennsylvania Regional
Planning and Development Commission, it is noted that four summer participant:
were doi ng mi scel laneous tasks i n your backya rd while .a not her progrem
participant was working under the hood of your personal vehicle. Me
foregoing letter also reflects that summer participants stated the the:, were
given various assignments which dealt directly with your personal rropy rty acid
vehicle. The foregoing conclusively establishes a usurpation of publi: offic
for your own personal benefit contrary to Section 3(a) of the Ethics Vt. 'et,
violated the public trust in this case by using a worthwhile program t.hich was,
designed to give both summer employment to participants and also to ir._'rove
the borough by working in the parks, cemeteries, streets and general 'rk aq-"
converting that „program and its employees for your own personal bene and
gain. Your actions in this case have violated Section 3(a) of the Etr cs
Act.
C. ::onclusicn'and Order:
1., As a borough councilmember for Newburgh Borough, you are a p'' lic
o f f i c i a l subject to the provisions of the Ethics Act.
2. You violated Section 3(a) of the Ethics Act when you di recte' the
summer participants in an employment training program to do personals
work on your automobile and your .residence.
3. This matter will be referred to the appropriate law ena orcement
authority for review avid appropriate action.
Mr. Austin J. Curry
Page 7
Our files in this case will remain confidential in accordance with
Section 8(a) of the Ethics Act, 65 P.S. 408(a). However,
and will be made available as a this Order is final
as mailing) unless you file documentation c with t the Commission which cjustifiesd
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,
1 1,,,,
G. Sieber Pancoast
Cha i rma n