Kraines v. Pennsylvania State Ethics Commission

In Kraines v. Pennsylvania State Ethics Commission, 805 A.2d 677 (Pa. Cmwlth. 2002), petition for allowance of appeal denied, 572 Pa. 761, 818 A.2d 506 (2003), Kraines' husband was a pathologist performing services for the county. The Commission alleged that Kraines used the authority of her office as a county controller for private pecuniary benefit for a member of her family by approving payments to her husband. The Court determined that contrary to the Commission's findings, Kraines did not violate Section 1103(a) of the Act. According to the court, Kraines' husband was a member of a subclass, industry or occupation in relation to work he performed for the county and payments he received from the county. Kraines' husband received the same payment as all other members of his occupation for performing autopsies. There was no conflict of interest.