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HomeMy WebLinkAbout768 HedgesIn re: Joseph Hedges STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG. PENNSYLVANIA 17 . File Docket: 89 -042 -C : Date Decided: October 4, 1990 . Date Mailed: October 29, 1990 Before: Robert W. Brown, Vice Chair G. Sieber Pancoast Dennis C. Harrington James M. Howley Daneen E. Reese The State Ethics Commission received a complaint regarding a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 401 et. seq. 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. The record is complete. 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 S2.38. The files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a) 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. 409(e). ADJUDICATION I. Allegation: That you, a Councilperson for Mt. Pocono Borough, Monroe County, violated the following provisions of the State Ethics Act (Act 170 of 1987), when you failed to file a Statement of Financial Interests for the 1988 calendar year with the borough by May 1, 1989: II. FINDINGS: Section 4. Statement of financial interests required to be filed. (a) Each public employee employed by the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency or bureau in which he is employed 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 shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. 65 P.S. 5404(a). §4.4.Incumbent and former public officials. (b) Incumbent public officials in governmental bodies other than those specified in subsection (a) who are not candidates shall file their Statement of Financial Interests only with their governmental body. 51 Pa. Code 54.4(b). 1. You serve as a Borough Councilman in Mount Pocono Borough, Monroe County, Pennsylvania. a. You have served in this position since 198@. 2. You have submitted Statements of Financial Interest which are on file in the Borough Building. a. Statement dated March 5, 1987 indicates it was filed when you were a candidate for the office of Borough Councilman. b. Statement dated April 4, 1987 indicates it was filed when you were a Public Official holding the office of Councilman. The form was revised on 1/88 which indicates that the correct date should read April 4, 1988. The statement indicates that it was for the prior calendar year of 1987. Mr. Joseph Hedges Page 2 c. Statement dated November 1, 1989 indicates it was filed when you were a Public Official holding the office of Councilman. d. Statement dated February 23, 1990 indicates it was filed when you were a Public Official holding the office of Councilman. 3. You believed Statements of Financial Interest only had to be filed in election years. 4. Your Statements of Financial Interest dated March 5, 1987 and April 1987 were timely filed. 5. You submitted a Statement of Financial Interest on November 1, 1989 after it was called to your attention that the statement should have been filed annually. 6. You depended on the former borough secretary to keep you informed as to when you should file the statements. III. Discussion: Joseph Hedges as a Mount Pocono Borough Councilmember is a "public official" as that term is defined under the Ethics Act. 65 P.S. §402; 51 Pa. Code 1.1. As such, his conduct is subject to the provisions of that law. Initially, it is noted that Section 5 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 date of this act if any elements of the violation occurred prior thereto." Since the occurrences in this case transpired prior to the effective date of Act 9 (June 26, 1989), we must apply the provisions of Act 170 of October 4, 1978, P.L. 883 td determine whether the Ethics Act was violated. Section 4(a) of the Ethics Act quoted above requires that each public employee and each public official (Kremer v. State Ethics Commission, 56 Pa. Commw. 160, 424 A.2d 968 (1981)) must file a Mr. Joseph Hedges Page 3 Statement of Financial Interests for the preceding calendar year of the year in which he is employed or serves and for the year after he leaves such position. In the instant matter, the allegation concerns whether Joseph Hedges as a Mount Pocono Borough Councilmember violated Section 4(a) of the Ethics Act by failing to timely file a Financial Interests Statement for the 1988 calendar year. A review of the Statements of Financial Interests on file with the Borough reflects that Hedges, who has served on Council since 1980 timely filed his Statement dated March 5, 1987 as a candidate for office and thereafter as a public official for the 1987 calendar year. A Statement dated November 1, 1989 was filed by Hedges as a public official as well as a Statement dated February 23, 1990. The 1988 calendar year Financial Interests Statement was untimely filed but such action resulted because the former borough secretary did not keep him informed as to the filing time. In light of the above, we find a technical violation of Section 4(a) of the Ethics Act but will take no further action since there is no evidence to indicate that the late filing was intentional or done in an attempt to conceal financial interests. IV. Conclusions of Law: 1. As a Mount Pocono Borough Councilmember, Joseph Hedges is a public official subject to the restrictions and filing requirements of the Ethics Act. 2. There was a technical violation of Section 4(a) of the Ethics Law in that the 1988 calendar year Statement of Financial Interests was not timely filed. In re: Joseph Sedges : File Docket: 89 -042 -C : Date Decided: October 4, 1990 Date Mailed: October 29, 1990 ORDER No. 768 1. Joseph Hedges as a Mount Pocono Borough Councilmember is a public official subject to the provisions of the Public Official and Employee Ethics Law. 2. There was a technical violation of Section 4(a) of the Ethics Law in that the 1988 calendar year Statement of Financial Interests was not timely filed. 3. In that the late filing was not intentional or occasioned by an effort to conceal any financial interests, no further action will be taken. BY THE COMMISSION, /2 �, - 4X1 7 / ROBERT W. BROWN, VICE CHAIR