HomeMy WebLinkAbout774 BouikaIn re: Wes Bouika
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 -048 -C
October 4
October 29, 190
Chair
1990
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).
II. FINDINGS:
S4.1. Public employees.
ADJUDICATION
I. Allegation: That you, Roadmaster 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
Interest for the 1988 calendar year by May 1, 1989:
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. §404(a).
(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
§4.1(a).
1. You serve as Roadmaster for Mount Pocono Borough, Monroe
County, Pennsylvania.
a. You have served in that position since October of
1989.
2. A review of the Borough's file of Statements of Financial
Interest, submitted by borough officials and employees,
revealed the following:
a. Statement of Financial Interest dated February 28,
1990 on file for Wesley Bouika.
3. You were appointed to the position of Roadmaster in October
of 1989.
Mr. Wes Bouika
Page 2
4. You inquired into your possible obligation to file a
Statement of Financial Interest in October of 1989 and were
informed by Borough Manager, John Lynch, that you were not
required to file.
5. Lynch provided you with a copy of the instructions that
occupied the 1984 Statements of Financial Interest. The
instructions specifically stated that roadmasters were
exempt from filing.
6. You based your decision not to file on Lynch's opinion.
III. Discussion: Wes Bouika as a Mount pocono Borough Roadmaster is
not a "public employee" as that term is defined under the Ethics Act.
65 P.S. §402; 51 Pa. Code 1.1.
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 Wes Bouika
as a Mount Pocono Borough Roadmaster violated Section 4(a) by failing
to file a Statement of Financial Interests for the 1988 calendar year.
The definition of "public employee" in the Regulations provides in
part:
(iv) Persons in the positions listed below are
generally not considered public employes.
(A) City clerks, other clerical staff, road
masters, secretaries, police officers, welfare
case workers, maintenance workers, construction
workers, detectives, equipment operators, and
recreation directors. 51 Pa. Code 1.1.
In light of the above, we find no violation of Section 4(a) of the
Ethics Act since Wes Bouika is not a public employee required to file
a Financial Interests Statement.
Mr. Wes Bouika
Page 3
IV. Conclusions of Law:
1. As Mount Pocono Borough Roadmaster, Wes Bouika is not a public
employee under the Ethics Act.
2. Wes Bouika did not violate Section 4(a) of the Ethics Act since
he is not required to file a Statement of Financial Interests.
In re: Wes Bouika
: File Docket: 89 -048 -C
: Date Decided: October 4, 1990
: Date Mailed: October 29, 1990
ORDER No. 774
1. As a Mount Pocono Borough Roadmaster, Wes Bouika is not a
public employee under the Ethics Act.
2. Wes Bouika did not violate Section 4(a) of the Ethics Act
since he is not required to file a Statement of Financial
Interests.
BY THE COMMISSION,
ROBERT W. BROWN, VICE CHAIR