HomeMy WebLinkAbout156 Shoffner (2)Mrs. Herbert Shoffner
RD #1
Lewisberry, PA 17339
Dear Mrs. Shoffner:
Act
are:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
August 23, 1982
ORDER OF COMMISSION
No. 156
RE: 82- 31- C(2 -2), 82- 33- C(2 -2)
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 into these allegations and finds, no violation of the Ethics
The individual allegations and findings on which our conclusion is based
Allegation: That you, as assessor, changed or caused to be changed, the occu-
pational assessment of an individual for your own private purposes.
Findings:
1. You are an Assistant County Assessor in York County. This position is
also called a Numerator.
2. As Assistant county assessor in York County you have the authority to
change tax assessments but you have chosen not to exercise that
authority.
3. You are a public employee under the terms of Act 170 because you hold a
position which includes the authority to make recommendations eventhough
you personally have chosen not to exercise that authority.
4. You rely on recommendations of the tax collector and the school district
for changes in occupational tax classifications.
5. The school district has the final authority for occupational tax
classification.
6. During the primary election of 1981, a newspaper announcement stated that
Mr. Michael Poligone was running for public office. The statement
indicated that Mr. Poligone was a "rate setter" at the Bethlehem Steel
Corporation. About the same time Mr. Theodore Burd announced his
candidacy and his announcement indicated that he was an executive in the
West Shore Savings and Loan Association.
Mrs. Herbert Shoffner
August 23, 1982
Page 2
7. Both men were candidates for tax collector.
8. Shortly after that you received a telephone call from Mr. Clifford
Bailets, Tax Collector, telling you to change the occupational tax
classification for both Poligone and Burd.
9. You changed the classification; both persons appealed to the school
district, and the district directed that their original classification be
restored.
Discussion: Section 3(a) of the Ethics Act prohibits a public official or
public employee from using his or her public office or confidential informa-
tion received from that office for personal financial gain.
While you have discretionary authority, we are satisfied that you did not
exercise that authority in these cases. You merely followed direction given
to you and did not make decisions or misuse your public office or take actions
which resulted in financial gain to yourself.
Conclusion: Your action changing the occupational tax classifications of Burd
and Poligone did not violate the Ethics Act (Act 170 - 1978). The Commission
will 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 become available as a public document within 15 days unless you file
documentation with the Commission which justifies reconsideration and /or chal-
lenges pertinent factual findings. 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 $1000 or imprisoned
for not more than one year or both, see 65 P.S. 409(e).
EMS /rdp
Sincerely,
Paul J. Smith
Chairman./