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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 Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11, Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998.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