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HomeMy WebLinkAbout1104 CoffmanIn Re: Joseph Coffman STATE ETHICS= COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: X -ref: Date Decided: Date Mailed: Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Julius Uehlein Louis W. Fryman John J. Bolger Frank M. Brown Susan Mosites Bicket 98- 015 -C2 Order No. 1 104 12/15/98 12/29/98 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 fa seq., by the above - named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement was submitted by the parties to the Commission for consideration which was subsequently approved. Effective December 15; 1998, Act 9 of. 1989 was repealed and replaced by Chapter 11, Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date 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). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. 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. Confidentiality does not preclude discussing this case with an attorney at law. Coffman, 98- 015 -C2 December 24, 1998 Page 2 1. ALLEGATION: That Coffman, a public official in his capacity as a Council Member for Bristol Borough, Bucks County, violated Section 4(a) of the State Ethics Law (Act 9 of 1989) when he failed to file Statements of Financial Interests with the governing authority of the political subdivision by which he is employed or within which he is appointed no later than May 1st of each year that he holds such position by failing to file Statements of Financial Interests for the 1993 calendar year by May 1, 1994, and when he backdated Statements of Financial Interests for the 1993 calendar year. II. FINDINGS: 1. Joseph Coffman has served as a Bristol Borough Council Member since January, 1992. a. Coffman previously served as a Council Member for Bristol Borough from 1980 until 1990. Coffman was appointed President of Council from 1994 through 1997. c. Coffman was appointed Vice - President of Council from 1988 through 1989 and from 1992 through 1993. 2. Statements of Financial Interests compliance reviews were conducted in Bristol Borough on September 5, 1997, and December 19, 1997, for calendar years 1994 through 1996. a. Borough officials, including Joseph Coffman, were identified as filing Statements of Financial Interests. 3. The Statements of Financial Interests filed by Coffman for the 1993 calendar year listed his signature and the date when he filed the form. a. The Statement of Financial Interests for calendar year 1993 was dated February 7, 1994. 4. Coffman filed the Statement of Financial Interests for 1993 on SEC Revised Form 1/96. a. SEC Revised Form 1/96 was not available for distribution until January, 1996. 5. The Statements of Financial Interests filed by Coffman for the 1993 calendar year was not filed by May 1, 1994. 6. Coffman filed the Statement of Financial Interests for calendar year 1993 with Bristol Borough sometime after January, 1997. 7. Coffman filed the Statement of Financial Interests after being contacted by Bristol Borough Secretary Marie Fields. a. Fields contacted borough officials in August 1997 after a review of Statements of Financial Interests by a reporter confirmed that forms were not on file. Coffman, 98- 015 -C2 December 24, 1998 Page 3 8. A review of the form filed by Coffman for Bristol Borough indicates on its face that it was filed timely. 9. Coffman admitted the Statement of Financial Interests for calendar year 1993 was not filed with Bristol Borough on the date listed on the form. 10. Coffman picked out a date for the Statement of Financial Interests he filed for calendar year 1993. 11. Coffman filed Statements of Financial Interests with the borough as follows: Calendar Year Date Filed 1997 02/05/98 1996 02/26/97 III. DISCUSSION: At all times relevant to this matter, the Respondent, Joseph Coffman, hereinafter Coffman, has been a public official /employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, sag,. /Act 93 of 1998, Chapter 11. The issue is whether Coffman., as a Council Member for Bristol Borough, Bucks County, violated Section 1104(a) of the Ethics Act by backdating and failing to timely file a Statement of Financial Interests (SFI) for the 1993 calendar year. Section 1104. Statement of financial interests required to be filed. (a) Public official or public employee. - -Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such-a position. Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Persons who are full -time or part-time solicitors for political subdivisions are required to file under this section. Act 93 of 1998, Chapter 11, § 1104(a). Section 1104(a) of the Ethics Act requires that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. Coffman, 98- 015 -C2 December 24, 1998 Page 4 Having noted the issues and applicable law, we shall now summarize the relevant facts. Coffman has served as a Bristol Borough Council Member since January, 1992. The 1993 calendar year SFI filed by Coffman included his signature and ostensibly the dates when the form was filed, that is, February 7, 1994. Coffman filed the 1993 calendar year SFI on a State Ethics Commission form which was not available for distribution until January, 1996. The SFI filed by Coffman for 1993 was not filed by May 1 of the following year, but was in fact filed after January, 1996. Coffman filed the SFI after being contacted by the Bristol Borough Secretary, Marie Fields. Borough officials were contacted by Fields after a. review of SFI's by a reporter confirmed that the forms were not on file. Coffman's SFI was not filed with Bristol Borough on the date listed on the form. The date listed by Coffman was chosen as a filing date. Having summarized the above relevant facts, we must now determine whether the actions of Coffman violated Section 1104(a) of the Ethics Act. As noted above, Section 1104(a) of the Ethics Act specifically requires that a public official file an SFI with the governing authority of the political subdivision no later than May 1 of each year in which he /she holds such position and the year after he /she leaves such position. The record in this case conclusively establishes that the SFI filed by Coffman was filed after the annual May 1 deadline. Accordingly, a violation of Section 1104(a) of the Ethics Act occurred when Coffman failed to timely file an SFI as required by the Ethics Act and backdated the SFI for that year. Coffman is reminded that public office is a public trust and that as part of his duties as a public official, he is required to comply with the SFI filing requirement imposed by the Ethics Act. The parties have entered into a Consent Agreement for: a Section 1104(a) violation; a payment by Coffman in the amount of $250 through this Commission to the Commonwealth of Pennsylvania within .30 days of the date of issuance of this Commission Order; and a filing of an amended SFI within 30 days of the mailing date of this Order for the 1993 calendar year with Bristol Borough, with one copy forwarded to this Commission for compliance verification. The SFI must contain an accurate current filing date, together with the appropriate financial information for the 1993 calendar year. Upon review, we accept the Consent Agreement and enter the Order below as per the terms agreed upon by the parties. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcement action. Lastly, as noted, the parties have filed a Stipulation of Findings and Consent Agreement which sets forth a proposed resolution of the allegations. We believe that the Consent Agreement is the proper disposition for this case based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Coffman, 98- 015 -C2 December 24, 1998 Page 5 IV. CONCLUSIONS OF LAW: 1. Coffman, as a Council Member for Bristol Borough, Bucks County, is a public official subject to the provisions of Act 9 of 1989 /Act 93 of 1998, Chapter 11. 2. Coffman violated Section 1104(a) of the Ethics Act when he back -dated and failed to timely file a Statement of Financial Interests (SFI) for calendar year 1993. In Re: Joseph Coffman 1. Joseph Coffman, as a Council Member for Bristol Borough, Bucks County, violated Section 1104(a) of the Ethics Act when he back -dated and failed to timely file a Statement of Financial Interests (SFI) for calendar year 1993. 2. Coffman is directed within 30 days of the mailing date of this Order to file an amended SFI for the 1993 calendar year with Bristol Borough, with one copy forwarded to this Commission for compliance verification. The SR must contain an accurate current filing date, together with the appropriate financial information for the 1993 calendar year 3. As per the Consent Agreement of the parties, Coffman is directed to make payment in the amount of $250 through this Commission to the Commonwealth of Pennsylvania within 30 days of the mailing date of this Order. File Docket: 98- 015 -C2 Date Decided: 12/15/98 Date Mailed: 12/29/98 ORDER NO. 1104 Compliance with paragraphs 2 and 3 above will result in the closing of this case with no further action; failure to comply with the above will result in the institution of an order enforcement action. BY THE COMMISSION, A usivu6 ettot DANEEN E. REESE, CHAIR