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
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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