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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