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HomeMy WebLinkAbout773 LynchIn re: Kathy Lynch STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG. PENNSYLVANIA 17120 : File Docket: . Date Decided: . Date Mailed: Before: Robert W. Brown, Vice G. Sieber Pancoast Dennis C. Harrington James M. Howley Daneen E. Reese 89 -047 -C October 4, 1990 October 29, 1990 Chair 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 52.38. 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). I. Allegation: That you, Zoning Officer for Mt. Pocono Borough, Monroe County, violated the following provisions of the State Ethics Act (Act 170 of 1978), when you failed to file Statements of Financial Interests for the 1988 calendar year 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. S404(a). S4.1. Public employees. ADJUDICATION (a) Each public employe employed by the Commonwealth shall file a Statement of Financial Interests, Form SEC -1, for the preceding calendar year with the department, agency, or bureau with 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. 51 Pa. Code 54.1(a). 1. You served as Zoning Officer in Mount Pocono Borough, Monroe County, Pennsylvania. a. You served in that position from October 11, 1988 to January 16, 1990. 2. You have submitted a Statement of Financial Interest which is on file in the Borough Building. a. Statement dated October 31, 1989 indicates it was filed as Borough Zoning Officer. 3. You were not aware that you had to file a Statement of Financial Interest as the result of your position as Zoning Officer. Ms. Kathy Lynch Page 2 4. A search of the Borough's file of Statements of Financial Interests reflected no Statements submitted by previous zoning officers. 5. You submitted a Statement of Financial Interest on October 31, 1989 when informed that you were required to file. III. Discussion: Kathy Lynch as a Mount Pocono Borough Zoning Officer is a "public official" as that term is defined under the Ethics Act. 65 P.S. S402; 51 Pa. Code 1.1 As such, her 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 to 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- 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 Kathy Lynch as a Mount Pocono Borough Zoning Officer 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 reflect that Lynch, who served in that position between October 11, 1988 and January 16, 1990 filed her Statement dated October 31, 1989 for the 1988 calendar year. The 1988 calendar year Financial Interests Statements was untimely filed based upon her unawareness of the filing requirements for zoning officers. Ms. Kathy Lynch Page 3 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 Zoning Officer, Kathy Lynch 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: Kathy Lynch : File Docket: 89 -047 -C : Date Decided: October 4, 1990 : Date Mailed: October 29. J999 ORDER No. 773 1. Kathy Lynch, as a Mount Pocono Borough Zoning Officer 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, ROBERT W. BROWN, VICE CHAIR