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HomeMy WebLinkAbout1500 Complainant AIn Re: Complainant A File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Paul M. Henry Raquel K. Bergen Nicholas A. Colafella ID # 07 -108 LD # 07- 108 -WUA Order No. 1500 12/4/08 12/19/08 The Investigative Division of the State Ethics Commission conducted an investigation regarding a possible wrongful use of act and breach of confidentiality under the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1101 et seq., by the above - named "Complainant." Written notice of the specific allegations was served at the commencement of the investigation. Upon completion of the investigation, the Investigative Division issued and served upon Complainant a Findings Report identified as an "Investigative Complaint," which constituted the Investigation Division's Complaint against the Complainant. An Answer was filed and a hearing was requested. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. Upon issuance, the portion of this adjudication and Order pertaining to wrongful use of the Ethics Act shall constitute the "preliminary determination" of this Commission as to wrongful use of the Ethics Act. Per the Commission Regulations at 51 Pa. Code § 25.3(d), this Commission shall notify the Complainant and the "Subject" (the person against whom the original Complaint was filed) of the Commission's preliminary determination in this case. If no appeal is filed with this Commission within thirty days after the mailing date noted above, the preliminary determination will become absolute, will constitute the final determination of this Commission as to wrongful use of the Ethics Act (51 Pa. Code § 25.4), and will be made available in redacted form as a public document. If the final determination of this Commission is that the Complainant has wrongfully used the Ethics Act, then upon receiving a written request from the Subject, this Commission shall provide to such Subject the name and address of the Complainant, together with a copy of the final determination in redacted form. 65 Pa.C.S. § 1110(c). The files in this case will remain confidential in accordance with Section 1108 of the Ethics Act, 65 Pa.C.S. § 1108. Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 2 I. ALLEGATIONS: That Complainant A, a private citizen, violated Sections 1108(k), 1110(a)(1) and 1110(a)(2) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § §1108(k), 1110(a)(1) and 1110(a)(2), when he disclosed or acknowledged to other persons information relating to a complaint he was filing or filed against a public official with the Commission; when the complaint was filed without probable cause and made primarily for a purpose other than that of reporting a violation of the Ethics Act; and when he publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the State Ethics Commission regarding the conduct of Public Official B of Body C by providing copies of the complaint to the media. II. FINDINGS: 1. Complainant A is a D who has complained about [types of issues] in state government. a. Complainant A was involved in the protest of [governmental action], which occurred in [year]. b. Complainant A also has protested [type of issues] over the years. c. Complainant A earned a Bachelor of Arts Degree from [educational institution] in [year] and a [professional degree] from [educational institution] in [year]. 2. Complainant A's involvement with state government in Pennsylvania includes employment with Governmental Body E, a [year] bid for the position of [public office] and numerous lawsuits filed against the Commonwealth and /or various officials. 3. Complainant A was employed by Governmental Body E from approximately [date] through [date] and from [date] until [date]. a. Complainant A held positions including Position 1, Position 2 and Position 3. b. Complainant A was employed as a Position 1 for Public Official F from [date] until [date]. c. Complainant A was employed as a Position 2 for Public Official F from [date] until [date]. d. Complainant A was employed as a Position 3 to Public Official G from approximately [date] until [date]. 4. Complainant A has filed several lawsuits seeking [type of reform] within the Commonwealth of Pennsylvania over the years. a. Complainant A is not registered as a [type of professional] with the [board that regulates such professionals]. b. As part of these actions, Complainant A would routinely distribute press releases to reporters in the Capitol Newsroom. 5. News agencies, including but not limited to News Agency 1, News Agency 2 and News Agency 3, have offices within the Capitol Newsroom. Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 3 a. The Capitol Newsroom is located in Room 524, Main Capitol Building, Harrisburg, Pennsylvania. 6. On Significant Date 1, an article written by Reporter H, a staff writer for News Agency 2, appeared on Web Site 1, News Agency 2's online newspaper. a. The subject of this article was approximately [dollar amount] of taxpayer money which was spent by [type of public officials] for J purposes. b. Public Official B is identified in the article as authorizing nearly [dollar amount] for J in [year]. 7 On Significant Date 2 [the day after Significant Date 1], Complainant A prepared a [number] page press release for distribution. a. Complainant A's press release consisted of a cover page dated Significant Date 2, including his name and phone number; a notarized copy of a State Ethics Commission complaint against Public Official B and a copy of the Significant Date 1 Web Site 1 article. b. The press release cover page stated, in part: In light of the [News Agency 2 publication] article on [Body C] [J] contracts the Pennsylvania State Ethics Commission will be asked to investigate the use of taxpayer funds for political purposes. The contracts totaled [dollar amount] during [year]. The complaint is attached." 8. Attached to the press release cover page were pages of documents which included the following: a. A State Ethics Commission notarized complaint form identifying the following: Person Complaining about: Public Official B or Person who signed for Public Official B. b. The complaint is against the practice of Body C involving the use of J contracts that are paid using state taxpayer funds. Newspaper articles reveal that the K may involve political uses. c. Also attached was a Web Site I [number] page newspaper article. d. The complaint was signed by Complainant A. 9. On the morning of Significant Date 2, Complainant A hand delivered copies of the [number] page press release to reporters in the Capitol Newsroom. a. Following this distribution, Complainant A then filed the actual complaint with the State Ethics Commission. 10. On Significant Date 2 at 12:11 p.m. a signed, notarized complaint was received by the State Ethics Commission filed against the "[Public Official B] or person who signed for [Public Official B]." a. The complaint was notarized on [Significant Date 2]. b. State Ethics Commission complaint number 551 was assigned to the matter. c. The State Ethics Commission complaint form containing a revision date of SEC 3 11/05 was used for the complaint. Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 4 11. The reverse side of the complaint form SEC 3 11/05 (or on page one when obtained from the State Ethics Commission's web site) contains the following information from Sections 8, 9 and 10 of the State Ethics Act regarding prohibited retaliation, confidentiality, penalties and wrongful use of the Act. Specific language includes the following *: Prohibited Retaliation — Section 8 (j ) No public official or public employee shall discharge any official or employee or change his official rank, grade or compensation, or deny him a promotion or threaten to do so for filing a complaint with or providing information to the Commission or testifying in any Commission proceeding. Confidentiality (k) As a general rule, no person shall disclose or acknowledge to any other person any information relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which is before the Commission. However, a person may disclose or acknowledge to another person matters held confidential in accordance with this subsection when the matters pertain to any of the following: 1. Final orders of the Commission as provided in section 8(h). 2. Hearings conducted in public pursuant to section 8(g). 3. For the purpose of seeking advice of legal counsel. 4. Filing an appeal from a Commission order. 5. Communicating with the Commission or its staff in the course of a preliminary inquiry, investigation, hearing or petition for reconsideration by the Commission. 6. Consulting with a law enforcement official or agency for the purpose of initiating, participating in or responding to an investigation or prosecution by the law enforcement official or agency. 7. Testifying under oath before a governmental body or a similar body of the United States of America. 8. Any information, records or proceedings relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which the person is the subject of. 9. The publication or broadcast of information legally obtained by the news media regarding a confidential Commission proceeding. 10. The divulgence by individuals who are interviewees or witnesses as to confidential Commission proceedings regarding information that was already in their possession or the disclosure of their own statements. Penalties — Section 9 (e) Any person who violates the confidentiality of a Commission proceeding pursuant to Section 8, is guilty of a misdemeanor and shall be fined not more than $1,000.00 or imprisoned for not more than one year, or be both fined and imprisoned. Any person who engages in retaliatory activity proscribed by Section 8(j) is guilty of a misdemeanor and, in addition to any other penalty provided by law, Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 5 shall be fined not more than $1,000.00 or imprisoned for not more than one year, or be both fined and imprisoned. Any person who willfully affirms or swears falsely in regard to any material matter before a Commission proceeding pursuant to Section 8 is guilty of a felony and shall be fined no more than $5,000.00 or imprisoned for not more than five years, or be both fined and imprisoned. Wrongful Use of Act — Section 10 (a) A person who signs a complaint alleging a violation of this act against another is subject to liability for wrongful use of this act if: 1. The complaint was frivolous * *, as defined by this act, or without probable cause and made primarily fora purpose other than that of reporting a violation of this act, or 2. He publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the Commission. (b) A person who signs a complaint alleging a violation of this act has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based and either 1. Reasonably believes that under those facts the complaint may be valid under this act, or 2. Believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information. *[The Sections of the Ethics Act summarized in Finding 11 are at 65 Pa.C.S. §§ 1108(j), 1108(k), 1109(e), and 1110.] * *Frivolous Complaint — A complaint filed in a grossly negligent manner without basis in law or fact. 12. Specifically alleged in the complaint was the following practice: a. This is a complaint against a practice used by [Body C] involving the use of [J] contracts that are paid for using Pennsylvania State taxpayer funds. In news articles it has been revealed that [K] may involve political uses. The contracts involved a total [of dollar amount]. The investigative article from [News Agency 2] is attached. Please review the article for your investigation. This complaint does not know who signed the contracts for the [J] because it has recently been discovered that certain contracts in [Body C] may have been signed by others in the name of [Public Official B]. It cannot be said who signed for whom on the contract. It is clear that certain [K] is political in nature. It is clear that taxpayer funds were used for this contract. It is clear that someone in [Body C] signed the contract. It is clear that you have the resources to investigate this matter. It is clear that individual taxpayers cannot ask for an advisory opinion from the Pennsylvania State Ethics Commission. It is clear that actions in regard to use of taxpayer funds for political purposes falls clearly in investigate path and mission of the Pennsylvania State Ethics Commission. (It is clear that this online computer program for this online form needs a major overhaul. It is antiquated.)" b. The complaint did not specifically name any particular individual. 1. The complaint did identify "[Public Official B] or Person who signed Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 6 for the [Public Official B]." c. Public Official B's offices and phone number of [number] were also listed. 1. The [individual serving in the position of Public Official B] at the time was Individual L. 13. The copy of the complaint included with Complainant A's Significant Date 2 press release did not include the complaint number or date and time stamp affixed by the State Ethics Commission, reflecting that the complaint was distributed by Complainant A prior to its filing with the State Ethics Commission. 14. Complainant A's Significant Date 2 press release resulted in, at least, three (3) separate news articles making reference to the complaint in the days that followed. a. Articles appeared in the News Agency 3 publication and the News Agency 2 publication /Web Site I. b. Representatives from both of these news organizations have offices within the Capitol Newsroom. 15. On Significant Date 3 [the day after Significant Date 2], an article written by Reporter H appeared in the News Agency 2 publication that made specific reference to Complainant A and his filing of a complaint with the State Ethics Commission: Complainant A provided Reporter H with a copy of the press release on Significant Date 2. In that article Reporter H wrote: also yesterday a [location] [D] filed a complaint with the State Ethics Commission, asking the agency to investigate the [Ms]." c. Reporter H followed that statement with the following direct quote from Complainant A: "[quote], [Complainant A], [N] of [0], said moments before filing the complaint." a. b. 16. On Significant Date 2, Complainant A also distributed a copy of the press release, including the State Ethics Commission complaint, to Reporter P of News Agency 3. a. Excerpts from the actual complaint were included in a News Agency 3 publication article on Significant Date 3. b. The article specifically mentions Complainant A's intention to file the complaint along with direct quotes from the complaint. c. Complainant A also had two (2) follow up telephone conversations about the complaint with Reporter P, one on Significant Date 2, and the other on Significant Date 3. 17. On Significant Date 3, excerpts from an article written by Reporter P appeared in the News Agency 3 publication, which included information on a complaint Complainant A intended to file with the State Ethics Commission: [Location] [D] [Complainant A] said Wednesday he planned to file a state ethics complaint against [Public Official B] over [quote], according to a copy of the complaint. Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 7 [discussion of substantive issue] [Complainant A's] complaint with the State Ethics Commission doesn't name [Public Official B] directly but rather names as the public official being complained about: "[Public Official B] or Person Who Signed for [Public Official B]." [quote from complaint] [Complainant A] wrote on the complaint form. [quote from complaint] [Complainant A] was referring to [Public Official B's] statement that [contents of statement]. [Public Official B's] spokesman declined to comment on Complainant A's complaint. Complainant A, when reached Wednesday night, declined to comment further on the complaint saying that once an ethics complaint is filed with the Ethics Commission, it is against the law to discuss it. He said he didn't violate the law by providing copies of the complaint to reporters since he provided copies of it before filing it Wednesday. The Ethics Act states that a person can be liable for "wrongful use" of the ethics complaint process if the person "publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the commission." 18. On Significant Date 4 [the day after Significant Date 3], a follow up article written by Reporter P appeared in the News Agency 3 publication discussing whether "disclosing (an) Ethics complaint before filing it, (is) a violation of law ?" a. In the article, Complainant A is referenced as filing a complaint with the State Ethics Commission against Public Official B. b. Excerpts from the article included the following: [Location] [D] [Complainant A] said Wednesday that he didn't violate the state Ethics Act by disclosing to reporters that he planned to file a complaint against [Public Official B] with the State Ethics Commission. The Ethics Act states that a person can be liable for "wrongful use" of the ethics complaint process if the person "publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the commission." But [Complainant A] said he didn't violate the law because he provided copies of the complaint to reporters before filing it with the commission Wednesday. [reference to Commission Order] [Complainant A], when reached Thursday for comment, said: "I can't say anything." 19. During an interview with a State Ethics Commission investigator, Complainant A confirmed providing copies of a news release and the complaint form to reporters in the Capitol newsroom. a. Complainant A confirmed that he routinely issues press releases to the Capitol newsroom. Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 8 b. Complainant A stated the complaint form was given to reporters prior to filing the complaint with the State Ethics Commission. c. Complainant A believed that distributing the complaint prior to filing with the State Ethics Commission would not breach the confidentiality provisions of the State Ethics Act. 1. Complainant A refused to discuss the complaint with reporters after the filing. III. DISCUSSION: Complainant A is a private citizen who, on Significant Date 2, filed a complaint with this Commission. As a Complainant, Complainant A is subject to the confidentiality and wrongful use of act provisions of the Ethics Act, 65 Pa.C.S. §§ 1108(k), 1110(a)(1), and 1110(a)(2). The allegations are that Complainant A violated Sections 1108(k), 1110(a)(1) and 1110(a)(2) of the Ethics Act: (1) when he disclosed or acknowledged to other persons information relating to a complaint he was filing or filed against a public official with the Commission; (2) when the complaint was filed without probable cause and made primarily for a purpose other than that of reporting a violation of the Ethics Act; and (3) when he publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the State Ethics Commission regarding the conduct of Public Official B of Body C by providing copies of the complaint to the media. Section 1108(k) of the Ethics Act provides in part that no person shall disclose or acknowledge to any other person any information relating to a complaint, preliminary inquiry, investigation, hearing or reconsideration petition which is before this Commission. Section 1108(k) of the Ethics Act and Section 21.6 of this Commission's Regulations, 51 Pa. Code § 21.6, further provide for certain exceptions to the confidentiality requirements, which exceptions are not relevant to this case. Section 1110(a)(1) of the Ethics Act provides that a wrongful use of the Ethics Act occurs: (1) if a complaint was frivolous, that is, filed in a grossly negligent manner without basis in law or fact; or (2) if a complaint was without probable cause and made primarily for a purpose other than reporting an Ethics Act violation. Section 1110(a)(2) of the Ethics Act provides that a wrongful use of the Ethics Act occurs when a complainant publicly discloses or causes to be publicly disclosed that a complaint against a person has been filed with this Commission. Public disclosure requires the divulging of the complaint to two or more people. In Re: Complainant A, Order 1469; In Re: Complainant A, Order 1407 -2; In Re: Complainant A, Order 1486. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Complainant A is a D. On Significant Date 2, Complainant A prepared a press release that included a copy of a State Ethics Commission complaint. The complaint was signed by Complainant A. The complaint pertained to a practice of Body C involving the use of J contracts that are paid for using state taxpayer funds. The complaint identified the person complained about as the "[Public Official B] or person who signed for [Public Official B]." Public Official B's offices and phone number were also listed on the complaint. The parties have stipulated that the complaint was against the Public Official B (Fact Finding 7 a), and that the individual serving as Public Official B at the time was Individual L (Fact Finding 12 c 1). Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 9 On the morning of Significant Date 2, Complainant A hand delivered copies of the press release to reporters in the Capitol Newsroom located in Room 524, Main Capitol Building, Harrisburg, Pennsylvania. The reporters to whom Complainant A provided the press release included Reporter H, a staff writer for News Agency 2, and Reporter P of News Agency 3. Following the distribution of the complaint to reporters, Complainant A filed the actual complaint with this Commission. The complaint was received by this Commission on Significant Date 2 at 12:11 p.m. Complainant A's distribution of the press release and complaint to reporters on Significant Date 2 resulted in at least three (3) separate news articles making reference to the complaint. On Significant Date 3 [the day after Significant Date 2], an article by Reporter H appeared in the News Agency 2 publication that made specific reference to Complainant A and his filing of a complaint with the State Ethics Commission. The article stated, in part: "... also yesterday a [location] [D] filed a complaint with the State Ethics Commission, asking the agency to investigate the [Ms]." Complainant A had two follow up telephone conversations about the complaint with Reporter P on Significant Date 2 and Significant Date 3. On Significant Date 3, the News Agency 3 publication published news article(s) /excerpts with information on a complaint Complainant A intended to file with this Commission. The articles(s) /excerpts included the following information: [Location] [D] [Complainant A] said Wednesday he planned to file a state ethics complaint against [Public Official B] over [quote], according to a copy of the complaint. [Complainant A's] complaint with the State Ethics Commission doesn't name [Public Official B] directly but rather names as the public official being complained about: "[Public Official B] or Person Who Signed for [Public Official B]." Fact Finding 17. These articles(s) /excerpts also included direct quotes from the complaint. Id. On Significant Date 4, a follow up article written by Reporter P appeared in the News Agency 3 publication discussing whether disclosing an Ethics complaint before filing it is a violation of law. In the article, Complainant A is referenced as filing a complaint with the State Ethics Commission against Public Official B. Complainant A believed that distributing the complaint prior to filing the complaint with this Commission would not breach the confidentiality provisions of the Ethics Act. Complainant A refused to discuss the complaint with reporters after the filing. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 10 the above allegations: a. That a violation of Section 1108(k) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1108(k) occurred when [Complainant A] disclosed or acknowledged to other persons information relating to a complaint he was filing or filed against a public official with the Commission; and b. That a violation of Section 1110(a)(2) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1110(a)(2) occurred when [Complainant A] publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the State Ethics Commission regarding the conduct of [Public Official B] of [Body C] by providing copies of the complaint to the media; and c. That no violation of Section 1110(a)(1) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1110(a)(1) occurred when [Complainant A] filed a complaint with the Ethics Commission as there is insufficient information to establish that the complaint was filed without probable cause and primarily for a purpose other than reporting a violation of the Ethics Act. 4. [Complainant A] agrees to make payment in the amount of $500.00 in settlement of this matter payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. That pursuant to Section 1110(c) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1110(c), upon a finding that a violation of Section 1110(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1110(a), has occurred, the name of the complainant ([Complainant A]) shall be provided to the subject(s) of the underlying complaint. 6. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1 -2. In considering the Consent Agreement, we agree with the parties that a violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or acknowledged to other persons information relating to the complaint he was filing or filed against a public official with this Commission. Factually, on the morning of Significant Date 2, Complainant A hand delivered Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 11 copies of a press release and the completed complaint form to reporters in the Capitol Newsroom shortly before filing the actual complaint with this Commission. ComplainantA also had two follow up telephone conversations about the complaint with Reporter P on Significant Date 2 and Significant Date 3. Complainant A's Significant Date 2 press release resulted in at least three (3) separate news articles making reference to the complaint. Subject to certain exceptions not applicable to this case, Section 1108(k) of the Ethics Act provides that no person shall disclose or acknowledge to any other person any information relating to a complaint that is before this Commission. Complainant A believed that distributing the complaint prior to filing the complaint with this Commission would not breach the confidentiality provisions of the Ethics Act. However, we have held that the prohibition of Section 1108(k) of the Ethics Act encompasses a complaint that will be pending before this Commission. Rittenbaugh, Order No. 1074. To hold otherwise would lead to an absurd result that Section 1108(k) could be nullified through the timing of the filing of the complaint. See, 1 Pa.C.S. § 1922. Accordingly, we hold that a violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or acknowledged to other persons information relating to a complaint he was filing or filed against a public official with the Commission. We also agree with the parties that a violation of Section 1110(a)(2) of the Ethics Act occurred when Complainant A publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the State Ethics Commission regarding the conduct of Public Official B of Body C by providing copies of the complaint to the media. As noted above, public disclosure requires the divulging of the complaint to two or more people. In Re: Complainant A, Order 1469; In Re: Complainant A, Order 1407 -2; In Re: Complainant A, Order 1486. By providing copies of the aforesaid complaint to multiple members of the media, who then published articles regarding the filing of the complaint, Complainant A both publicly disclosed (to multiple members of the media) and caused to be further publicly disclosed (to the general public) the filing of the complaint. For the same reasons noted above as to Section 1108(k) of the Ethics Act, a violation of Section 1110(a)(2) of the Ethics Act may be found even if the complaint is received at this Commission after public disclosure is made. Rittenbaugh, supra. We hold that a violation of Section 1110(a)(2) of the Ethics Act occurred when Complainant A publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the State Ethics Commission regarding the conduct of Public Official B of Body C by providing copies of the complaint to the media. As for Section 1110(a)(1) of the Ethics Act, the facts before us fail to establish that the complaint was without probable cause and made primarily for a purpose other than reporting a violation of the Ethics Act. Therefore, we hold that no violation of Section 1110(a)(1) of the Ethics Act occurred when Complainant A filed the Significant Date 2 complaint with this Commission as there is insufficient information to establish that the complaint was filed without probable cause and primarily for a purpose other than reporting a violation of the Ethics Act. As part of the Consent Agreement, Complainant A has agreed to make payment in the amount of $500.00 in settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. The Consent Agreement further acknowledges that the requirement of Section Complainant A, ID # 07- 108 /LD # 07- 108 -WUA Page 12 1110(c) of the Ethics Act for disclosure of the name and address of the complainant to the subject(s) of the complaint is applicable in this matter. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, pursuant to the Consent Agreement, Complainant A is directed to make payment in the amount of $500 made payable to the Common of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 day after the mailing date of this adjudication and Order. We determine there is only one Subject of the complaint at issue in this matter, specifically, Individual L. First, the parties have stipulated that the complaint was against the Public Official B (Fact Finding 7a), and that the individual serving as Public Official B at the time was Individual L (Fact Finding 12 c 1). Furthermore, pursuant to this Commission's Regulations, a complaint must contain the name, position or office held by the Subject of the complaint. 51 Pa. Code § 21.1(a). The required information was provided only as to one person, Individual L. Given the statutory confidentiality afforded to a complainant, Chief Counsel is directed to publicly release only fully redacted copy(ies) of this adjudication and Order at such time as this determination becomes a public record. Following public release, upon receiving a written request from the Subject of Complainant A's complaint, specifically, Individual L, Chief Counsel shall provide the name and address of Complainant A to such Subject, together with copies of the redacted adjudication and Order of this Commission. See, 65 Pa.C.S. § 1110(c). IV. CONCLUSIONS OF LAW: 1. Complainant A, as a private citizen who, on Significant Date 2, filed a complaint with the Pennsylvania State Ethics Commission, is a Complainant subject to the confidentiality and wrongful use of act provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §§ 1108(k), 1110(a)(1), and 1110(a)(2). 2. A violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or acknowledged to other persons information relating to a complaint he was filing or filed against a public official with the Pennsylvania State Ethics Commission. 3. A violation of Section 1110(a)(2) of the Ethics Act occurred when Complainant A publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the Pennsylvania State Ethics Commission regarding the conduct of Public Official B of Body C by providing copies of the complaint to the media. 4. No violation of Section 1110(a)(1) of the Ethics Act occurred when Complainant A filed the Significant Date 2 complaint with the Pennsylvania State Ethics Commission as there is insufficient information to establish that the complaint was filed without probable cause and primarily for a purpose other than reporting a violation of the Ethics Act. 5. The only Subject of the complaint at issue in this matter is Individual L. In Re: Complainant A File Docket: ID # 07 -108 LD # 07- 108 -WUA Date Decided: 12/4/08 Date Mailed: 12/19/08 ORDER NO. 1500 1 A violation of Section 1108(k) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1108(k), occurred when Complainant A, a private citizen, disclosed or acknowledged to other persons information relating to a complaint he was filing or filed against a public official with the Pennsylvania State Ethics Commission. 2. A violation of Section 1110(a)(2) of the Ethics Act, 65 Pa.C.S. § 1110(a)(2), occurred when Complainant A publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the Pennsylvania State Ethics Commission regarding the conduct of Public Official B of Body C by providing copies of the complaint to the media. 3. No violation of Section 1110(a)(1) of the Ethics Act, 65 Pa.C.S. § 1110(a)(1), occurred when Complainant A filed the Significant Date 2 complaint with the Pennsylvania State Ethics Commission as there is insufficient information to establish that the complaint was filed without probable cause and primarily for a purpose other than reporting a violation of the Ethics Act. 4. Pursuant to the Consent Agreement of the parties, Complainant A is directed to make payment in the amount of $500 made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30 day after the mailing date of this Order. 5. At such time as this determination becomes a public record, Chief Counsel shall publicly release only fully redacted copy(ies) of the adjudication and this Order. 6. Following public release, upon receiving a written request from the Subject of Complainant A's complaint, specifically Individual L, Chief Counsel shall provide the name and address of Complainant A to such Subject, together with copies of the redacted adjudication and Order of this Commission. 7 Compliance by Complainant A with Paragraph 4 of this Order will result in the closing of this case with no further action by this Commission beyond that set forth in Paragraphs 5 and 6 of this Order. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair PLEASE NOTE: After the Commission issued Order 1500, the federal Courts ruled that Section 1108(k) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1108(k), is unconstitutional insofar as it prohibits public disclosure by a complainant of the fact that a complaint has been filed with the Commission. See, Stilp v. Contino, 613 F.3d 405 (3d Cir. Pa 2010), on remand, 743 F. Supp. 2d 460 (M.D. Pa. 2010).