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HomeMy WebLinkAbout1106 GoslineIn Re: Paul Gosline Tom, -L STATE ETHICS= COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA t7120 • 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 97- 072 -C2 Order No. 1106 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 et sea. 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 December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11, Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998.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. Gosline, 97- 072 -C2 December 24, 1998 Page 2 I. ALLEGATION: That Gosline, 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 a Statement of Financial Interests for the 1995 calendar year by May 1, 1996, and when he backdated a Statement of Financial Interests for the 1995 calendar year. II. FINDINGS: 1. Paul Gosline has served as a Bristol Borough Council Member since January,. 1995. 2. Statements of Financial Interests compliance reviews were conducted in Bristol Borough on September 5, 1997, and December 19, 1997, for calendar years 1992 through. 1996. a. Borough officials including Paul Gosline were identified as filing Statements of Financial Interests. 3. The Statements of Financial Interests filed by Gosline for the 1995 calendar year listed his signature and the date when he filed the form. a. The Statement of Financial Interests for calendar year 1995 was dated January 26, 1996. 4. Gosline filed the Statement of Financial Interests for the 1995 calendar year on SEC Revised Form 1/97. a. SEC Revised Form 1/97 was not available for distribution until January, 1997. 5. Gosline filed the Statement of Financial Interests for calendar year 1995 with Bristol Borough sometime after January, 1997_ a. The form for calendar year 1995 was not filed with the borough by May 1, 1996. 6. Gosline filed the Statement. of Financial Interests after being contacted by Bristol Borough Secretary Marie Fields. a. Fields contracted borough officials in August 1997 following a review of the forms by a newspaper reporter disclosed forms were not filed. 7. A review of the forms filed by Gosline for Bristol Borough indicates on their face that they were filed timely. 8. Gosline admitted the Statement of Financial Interests for calendar year 1995 was not filed. with Bristol Borough on the date listed on the form. a. Gosline believed he only had to file a Statement of Financial Interests during election years. Gosline. 97- 072 -C2 December 24, 1998 Page 3 9. Gosline picked out a date for the Statement of Financial Interests he filed for calendar year 1995. 10. Gosline filed Statements of Financial Interests with the borough as follows: Calendar Year Date Filed 1997 02/06/98 1996 01/08/97 III. DISCUSSION: At all times relevant to this matter, the Respondent, Paul Gosline, hereinafter Gosline, 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, et q. /Act 93 of 1998, Chapter 11. The issue is whether Gosline, 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 1995 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 goveming 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 quoted above 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. Having noted the issues and applicable law, we shall now summarize the relevant facts. Gosline has served as a Bristol Borough Council Member since January, 1995. Gosline, 97- 072 -C2 December 24, 1998 Page 4 The 1995 calendar year SFi filed by Gosline included his signature and ostensibly the date when the form was filed, that is, January 26, 1996. Gosline filed the 1995 calendar year SFi on a State Ethics Commission form which was not available for distribution until January, 1997. The SFI filed by Gosline for 1995 was not filed by May 1 of the following year, but was in fact filed after January, 1997. Gosline 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. Gosline's SFi was not filed with Bristol Borough on the date listed on the form. The date listed by Gosline was chosen as a filing date. Having summarized the above relevant facts, we must now determine whether the actions of Gosline 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 SF1 filed by Gosline was filed after the annual May 1 deadline. Accordingly, a violation of Section 1104(a) of the Ethics Act occurred when Gosline failed to timely file an SFI as required by the Ethics Act and backdated the SFI for that year. Gosline 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 Gosline 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 1995 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 1995 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. IV. CONCLUSIONS OF LAW: 1. Gosline, 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. Gosline violated Section 1104(a). of the Ethics Act when he back -dated and failed to timely file. a Statement of Financial Interests (SF1) far calendar year 1995. . In Re: Paul Gosline File Docket: 97- 072 -C2 Date Decided: 12/15/98 Date Mailed: 12/29/98 ORDER NO. 1106 1. Paul Gosline, 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 1995. 2. Gosline is directed within 30 days of the mailing date of this Order to file an amended SFI for the 1995 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 1995 calendar year. As per the Consent Agreement of the parties, Gosline 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. 4. 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, oft 4. u ea s DANEEN E. REESE, CHAIR