HomeMy WebLinkAbout1111 SnyderIn Re: Richard Snyder
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
97- 069 -C2
Order No. 1111
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 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Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by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.
Snyder, 97- 069 -C2
Page 2
1. ALLEGATION: That Richard Snyder, a public official /public employee, in his
capacity as Solicitor for Bristol Borough, Bucks County, violated Section 4(a) of the
State Ethics Law (Act 9 of 1989) when he failed to 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 no later than May 1st of each year that he
[held] such a position by failing to file Statements of Financial Interests for the 1994
calendar year; and when he backdated Statements of Financial Interests for the 1994
calendar year.
II. FINDINGS:
1. Richard Snyder has been an attorney since 1968.
2. Snyder is a partner with the law firm of Begley, Carlin & Mandio in
Langhorne, Pennsylvania.
a. Snyder's law practice involves municipal law.
Richard Snyder has served as solicitor for Bristol Borough since 1974.
a. Snyder has been appointed by borough council at the
reorganization meetings every two years.
4. Snyder also serves as solicitor for the Bucks County Redevelopment
Authority.
Snyder has annually filed Statements of Financial Interests with the
Bucks County Redevelopment Authority.
Richard. Snyder, in his capacity as solicitor for the Bucks County
Redevelopment Authority, filed a Statement of Financial Interests for
calendar year 1994.
a. The Statements of Financial Interests for calendar year 1994 was
dated March 22, 1995. The form was filed on SEC Revised Form.
1/95.
7. Statements of Financial Interests compliance reviews were conducted in
Bristol Borough on September 5, 1997, and December 5, 1997 . by the
Investigative Division of the State Ethics Commission.
The Statement of Financial Interests filed by Snyder for the 1994
calendar year listed his signature and a date of April 8, 1995.
9. Snyder filed the Statement of Financial Interests for the 1994 calendar
year on SEC Revised Form 1/96.
a. SEC Revised Form 1/96 was not available for distribution until
January, 1996.
10. Richard Snyder filed. a Statement of Financial Interests for calendar year
1994 with Bristol Borough sometime after 1996.
a. Snyder did not file the Statement of Financial Interests for 1994
with the borough by May 1, 1995.
Snyder, 97- 069 -C2
Page 3
11. Snyder filed the Statement of Financial Interests after being contacted by
Bristol Borough Secretary Marie Fields.
a. Fields contacted borough officials in August 1997 following a
review of the forms by a reporter which disclosed forms were not
filed.
12. Snyder picked out a date for the Statement of Financial Interest to reflect
when he thought that he had filed for calendar year 1994.
a. The form was then submitted to Bristol Borough.
13. Snyder's intention was to comply with filing a Statement of Financial
Interests calendar year 1994.
14. Snyder had filed a Statement of Financial Interests for 1994 with the
Bucks County Redevelopment Authority, another governmental body
which he served as solicitor.
15. Snyder did not think of making a copy of the Statement of Financial
Interests he filed with the Bucks County Redevelopment Authority to
submit to Bristol Borough.
iII. DISCUSSION:
At all times relevant to this matter, the Respondent, Richard Snyder, hereinafter
Snyder, 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, gt egg. /Act 93 of 1998, Chapter 11.
The issue is whether Snyder violated Section 1104(a) of the Ethics Act when
he failed to timely file a Statement of Financial Interests with Bristol Borough for the
1994 calendar year and when he backdated Statements of Financial Interests for the
1994 calendar year.
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.
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
Snyder, 97- 069 -C2
Page 4
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).
Having noted the issues and applicable law, we shall now summarize the
relevant facts.
Snyder serves as the Solicitor for the Bucks County Redevelopment Authority
(BCRA). Snyder also has served as Solicitor for Bristol Borough since 1974.
Snyder filed his 1994 calendar year FIS with BCRA, dated March 22, 1995. The
1994 calendar year SFI filed by Snyder with Bristol Borough included his signature and
a date of April 8, 1995. Snyder filed the 1994 calendar year SFI on a State Ethics
Commission form which was not available for distribution until January, 1996. Hence,
the SFI filed by Snyder for 1994 was not filed by May 1 of 1995, but was in fact filed
after January, 1996.
Snyder filed the SFI after being contacted by the Bristol Borough Secretary,
Mary Fields. Borough officials /employees were contacted by Fields after a review of
SF1's by a reporter confirmed that the forms were not filed. The SFI filed by Snyder for
Bristol Borough was dated by Snyder to reflect when he thought he had filed for the
1994 calendar year. Snyder intended to comply with the FIS filing requirements for the
calendar year 1994.
Having summarized the above relevant facts, we must now determine whether
the actions of Snyder violated Section 1104(a) of the Ethics Act.
As noted above, Section 1104(a) of the Ethics Act specifically requires that a
solicitor 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 1994
calendar year SFI filed by Snyder was filed after the May 1, 1995 deadline.
Accordingly, a violation of Section 1104(a) of the Ethics Act occurred when Snyder
failed to timely file a 1994 calendar year SFI as required by the Ethics Act. Noting that
Snyder timely filed an FIS for the calendar year 1994 with BCRA, we will take no
further action in this case.
Snyder is directed within 30 days of the mailing date of this Order to file an
amended 1994 :SFI with Bristol Township, 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 1994 calendar
year. Noncompliance with the foregoing will result in the institution of an order
enforcement action.
Lastly, we note that 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.
Snyder, 97- 069 -C2
Page 5
IV. CONCLUSIONS OF LAW:
1. Snyder, as Solicitor for Bristol Borough, Bucks County, is subject to the filing
requirements of Act 9 of 1989 /Act 93 of 1998, Chapter 11.
2. Snyder violated Section 1104(a) of the Ethics Act when he failed to timely file
a Statement of Financial Interests (SFI) for the 1994 calendar year.
In Re: Richard Snyder
ORDER NO. 1111
File Docket: 97- 069 -C2
Date Decided: 12/15/98
Date Mailed: 12/29/98
1. Richard Snyder, as Solicitor for Bristol Borough, Bucks County, violated Section
1104(a) of the Ethics Act when he failed to timely file a Statement of Financial
Interests (SFI) for the 1994 calendar year.
As per the Consent Agreement of the parties, Snyder is directed within 30 days
of the mailing date of this Order to file an amended SFI for the 1994 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 1994 calendar year.
Compliance with the foregoing will result in the closing of this case with no
further action. Noncompliance with the foregoing will result in the institution of
an order enforcement action.
BY THE COMMISSION,
gu. mud
DANEEN E. REESE, CHAIR