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HomeMy WebLinkAbout917 KeyserIn Re: Irene Keyser STATE ETHICS COMMISSLO,N IAF?RN P NN NIA 1712Q .. arT , File Docket: 93- 037 -C2 Date Decided: 02/17/94 Date Mailed: 02/24/94 Before: James M. Howley, Chair Dennis C. Harrington Roy W. Wilt Austin M. Lee Joseph W. Marshall, III The State Ethics Commission received a complaint regarding a possible violation of the State Ethics Act, Act 9 of 1989, 65 P.S. S401 et sea. Written notice, of the specific allegation(s) was served at the commencement of the investigation. A Findings Report was issued and served, upon completion of the investigation, which constituted the Complaint by the Investigation Division. An Answer was filed and a hearing was .waived. A consent agreement was submitted by the parties to the Commission for consideration which was subsequently approved. This adjudication of the Commission is hereby issued which sets forth the individual Allegations, Findings of Fact, Discussion, Conclusions of Law and Order. This adjudication is final and will be made available as a public document fifteen days after issuance. However, reconsideration may be requested which will defer public release of this adjudication pending action on the request by the Commission. A request for reconsideration, however, does not affect the finality of this adjudication. A reconsideration request must be received at this Commission within fifteen days of issuance and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §21.29(b). The files in this case - will remain confidential in accordance with Act 9 of 1989, 65 P.S. 5408(h) during the fifteen day period and no one unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, confidentiality does not preclude discussing this case with an attorney at law. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year, 65 P.S. S409(e). Keyser, 93- 037 -C2 Page 2 I. ALLEGATION: That Irene Keyser, Tax Collector for Wilmerding Borough, violated provisions of the State Ethics Act (Act 9 of 1989), when she mailed or caused to be mailed,. utilizing borough funds, political advertisements advocating her -re- election as part of tax notifications to borough residents. Section 3. Restricted Activities (a) No public official or public o employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. -•rte S403(a). - -"Section 2 . Definitions "Conflict" or "conflict of interest." "` -''= pe 'F3 a= put official or public employee of he thority of his office or employment or J '- n confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Cor flicX" or "conflict of interest" does not include an action having a de minimis economic impac.,,or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business . with which he or a member of his immediate family is associated. 65 P.S. 5402. II. FINDINGS: 1. Irene Keyser served as the Real Estate Tax Collector for Wilmerding Borough. a. She had served in this position for forty -four years. 2. Keyser ran as the incumbent in the 1993 Primary Election. 3. In April, 1993, Keyser sent Real Estate Tax Notices to borough residents. 4. The return address listed on the tax notices was "Irene Shiring Keyser, T.C., 409 Commerce Street, Wilmerding, PA 15140 -1225. Kevser, 93- 037 -C2 Page 3 a. T.C. was the abbveviation used for Tax Collector. 5. Residents were required to remit their taxes to Irene S. Keyser, Tax Collector. a. Real estate taxes are collected in April and May of each year. 6. Residents who received tax notices around April 2, 1993, also received a political advertisement for Irene Shiring Keyser's re- election campaign, 7. The political advertisement consisted of a card, paper clipped to the tax notiree which stated the followings "RE -ELECT IRENE SHIRI110 I$7SER for TAX COLLECTOR. Experienced - Honest Reliable. Your Vote and Support Appreciated ". 8. There are approximately 697 property and business owners in the Borough of Wilmerding. a, Some of the 697 own multiple properties. b. Twenty -one additional properties are tax exempt. 9. Tax Notificationp were Sent to property owners who own their own homes or paid their real estate taxes directly. 10. Lending institutions held mortgages on 198 properties within the borough. a. As a general rule, real estate taxes are paid out of an escrow account by the lending institution for these proPerties II. Borough Ordinance #744, enacted February 13, 1969, established compensation for the borough tax Collector and provided reimbursement of certain expenses including printing, postage, books, blankp and forms. 12. Boroggh rewords sow that Keyser submitted a Request for Reimburaea eat of restage expense, to the borough in June of each fir; ter the tax. notice mailing. a. 1 a nsA* totaled $264.19. b. 1452 expenses totaled $235.19. 13. Envelopes geed by Keyser to send the Tait Notifications were ordered from Pennsylvania Municipal Servwice$. Keyser,. 93- 037 -C2 Page: 4 a. The cost of the envelopes is chaxged to the borough and school district, which each pay one. -half of the total. b. The return address of Irene Keyser,. T.C., is printed on the envelopes. c. There is no cost to Keyser for the envelopes. 14. At the April 13, 1993, Borough Council meeting, Board member Earl O'Connell stated that he had received three complaints from residents who had received election cards in their tax statements from the borough tax collector. a. O'Connell was concerned that the borough had supplied the envelopes and postage for these tax mailings. 15. At that same council meeting, a motion was made and approved to, in.part, obtain reimburse tent for the postage. a. Keyser had not yet submitted a Request for Reimbursement of the postage expense for the 1993 tax mailings. 16. Keyser never submitted a Request for Reimbursement of the postage expenses associated with the tax notice mailings to the borough in June, 1993, as she had in past years. 17. The Postage Expense Reimbursement Requests submitted by Keyser did not include envelope expense reimbursements for Keyser. a. Envelopes were provided free of charge as noted above. 18. Allegheny.County provided the tsx notices which Keyser sent to the Wilmerding Borough property owners by Keyser. a. This information is public information. 19. Borough records do include any Statements of Financial Interests' on file for Irene Keyser, as Tax Collector, for the filing years 1990, 1991, 1992 and 1993. 20. Keyser did not send campaign. cards to businesses; tax exempt entities; mortgage lien .holders; out of town property owners; or candidates or residents whom she knew did not support her re- election campaign. a. Keyser did not believe she sent more than 300 campaign cards. 21. Residents who owned multiple properties received all of their Tax Notifications in one envelope witk one campaign card. Keyser, 93- 037 -C2 Page 5 III. DISCUSSION: As a Tax Collector for Wilmerding Borough, Irene Keyser, hereinafter Keyser, "if - a public''.caff oial as that term is defined under Act 9 of 1989. 65 P.S. Si52. As such, her Conduct is subject to the provisions of the Ethics Law and the restrictions therein are applicable to her. Initially, it is noted that Section 9 of Act 9 of June 26, 1989 provides, in part, as follows: This amendatory act shall not apply to violations committed prior to the effective date of this act, and causes of action initiated for such violations shall be governed by the prior law, which is continued in effect for that purpose as if this act were not in force. For the purposes of this section, a violation was committed prior to the effective of this act if any elements of the violation occurred prior thereto. Since the occurrences in this case transpired after the effective date of Act 9 (June 26, 1989), we must apply the provisions of Act 9 to determine whether the Ethics Act was violated. Under Section 3(a) of Act 9 of 1989 quoted above, a public official /employee shall not engage in conduct that constitutes a conflict of interest. The issue before us is whether Keyser as Wilmerding Borough lax Collector violated Section 3(a) of Act 9 of 1989 as to the allegation that she included political campaign advertisements with the tax bills she mailed to the borough taxpayers. Keyser has .served as Wilmerding Borough Tax Collector for forty -four years. During the 1993 primary election wherein Keyser was running for re- election, the tax notices she sent contained a card clipped to the tax bills which stated: "RE -ELECT IRENE SHIRING KEYSER for TAX COLLECTOR. Experienced - Honest - Reliable. Your Vote and Support Appreciated ". After a council member stated at the April 13, 1993 Wilmerding Borough Council meeting that he had received- complaints from residents who received political campaign material with their tax bills, he expressed concern that the borough might have supplied the envelopes and postage for these tax mailings which included the political literature. =•c Keyser, 93-037--C2 Page 6 Wilmerding Borough enacted. Ordinance 744 in 1969 which established the compensation far the Borough- Tax Collector to include reimbursement of expenses related t� printi:r, postage, books, blanks and° - forms. AA��•to the 1.993 mailing, Keyser did not submit a - request for reimbursement for envelopes •since the envelopes were free of charge to with one =half the cost of the envelopes paid by the borough and the other half by the school district. Although Keyser In 1.991 and in 1992 did submit reimbursement requests for postage expekt es, Keyser did not submit suchr request for postage for the 1993 year. Lastly, Rsyy$er has not filed the 'Stat €went of Financial Interests (FIS's) for the 1990- 1903 calendar yeare. • In applying the provisions of Section 3(a) of Act 9 of 1989 to the above facts', we are constrained to find no-"violation. It is clear to us tlfat there. was - e :use of authority of offiee-on the part of Keyser by inserting the political campaign re- ele&ion ma erial within the tai- mailing. 'Tile 'foregding could only be. :accomplishea. by virtue: of hex holding'-the public position as Tax Colleetor. Keyser, being in= that. public position, c'o'uld and did includ iPsfich Campaign materials in the - rthailings •- Although there was a use of 'office, we do not find any resultant • privatecpacufriary berfefit to Keyser. In particular, the reeord= -ref'lects t2pat 'Keyser did not seek' any reimbursement for pos•tac a as tcc he :1993 mal]2in - of the tax bills. Thus, there was no Lreimbursement and' hence no private'pecuniary benefit received by Keyser to 'the postage. Regarding the envelopes, there was a pecuniary benefit in that Keyser did not =have to purchase-het " envelopers to mail the campaign literature. However, there is aff exclusion within Section 3(a) of Act 3Z0f 1989 regarding- 'ah action having a de mirimis economic impact P.S. '403 (a) . 'In this case, given the rehtinrely:_ Yl number rof envelopes used -and the cost of a few centzipet. emv l pe; wee co iclude that such 'usage was de minimis so as not to c'cstitute 7c a private pecuniary benefit. See Scshweiaisberct, Order 900e wherein we concludecp• that the receipt of $6 :. - .20. , township superviso' who ; performed• certain work for the touansh;ip did - not"'constitu a , violatiin• °of;= Section 3(a) of Act 9 under; those' circumstanaitt. For , similar reasons, we find no violation of Sections 3 (arbf Act'c-9 of =1989 by in this case. r; We do however deem Keyser's conduct inappropriate and contrary to the spirit of the 'Ethids Law SThae•sceyser 'continues in office, we must - - admdnt.sh and rentihd her -ditldv 4.2314d <dffiic - is a 'public trust and that' she ' must.• , insu &er ihhuterP futifrec that any poii ical, business, ortprivate- a iti ties -. must Si: separate and apart from those of her plalid ` office y'- nci -,=° - Order 800. _, As to the matter of the failure by Keyser to file FIS's for 1 F 1- f Reeser, 93- 037 -C2 Page 7 the 1990 -1993 calendar years, Keyser is directed within thirty days of issuance of 'this :Order to file FIS's for the 1990 -1992 calendar years and also file' an FIS for the 1993 calendar year on or before May 1, 19944. Failure to comply with the foregoing will result in a directive of this Commission to institute an order enforcement action against Keyser. IV. CONCLUSIONS OF LAW: 1. Irene Keyser as the Wilmerding Borough Tax Collector is a public official subject ttl the provisions of Act 9 of 1989. 2. Keyser did not violate Section 3(a) of Act 9 of 1989 when she included political re- election campaign materials in the mailing of the -tax bills in that Keyser did not seek reimbursement for the postage and the envelopes had a de minimis value. r-'' =d : a ,_,. _i, ._ t r 6 3 a a :1 Y:ct a i .1 In Re: Irene Keyser File Docket: 93- 037 -C2 Date Decided: 02/17/94 Date Mailed: 02/24/94 ORDER: NO. 917 1. Irene Keyser as the Wilmerding Borough Tax Collector did not violate Section 3(a) of Act 9 of 1989 when she included political re- election campaign materials in the mailing of the bills in that Keyser did not seek reimbursement for the postage and the envelopes had a de minimis value. 2. Keyser is directed within thirty days of issuance of this Order to file Financial Interest Statements for the calendar years 1990 -1992 and for the calendar year 1993 on.or before May 1, 1994. 3. Failure by Keyser to comply with the provisions of paragraph two will result in a directive of this Commission to institute an order enforcement action. BY THE COMMISSION, JAMES M. HOWLEY, CHAIR