HomeMy WebLinkAbout745 KeelerIn re: James J. Keeler
Arsfif
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
: File Docket: 89 -059 -C
: Date Decided: May 17, 1990
: Date Mailed: May 29. 1990
Before: Helena G. Hughes, Chair
Robert W. Brown, Vice Chair
James M. Howley
Daneen S. 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 2.38.
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 former member of the Lackawanna
Multi - Purpose Stadium Authority, violated the following provisions of
the Ethics Act, (Act 170 of 1978), when you failed to file statements
of financial interest for 1985, 1986, and 1987 calendar years by May 1
of each year.
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).
1. You served with the Lackawanna County Multi-Purpose Stadium
Authority from May, 1985 until December 1987.
a. You were appointed to this position by the Lackawanna
County Commissioners.
2. The Stadium Authority was created by the Lackawanna County
Commissioners in April 1985 to finance the construction of a
multi - million dollar baseball stadium in Moosic, PA. The
Stadium Authority continues to exist today as it oversees
the operations of the stadium.
a. Your responsibilities with the Stadium Authority
included coordinating the public affairs aspect of
building of the stadium.
3. A review of the statements of financial interest at the
administrative offices of Lackawanna County found no
statements on file for you.
4. You were unaware that you had to file a statement of
financial interest until you were officially notified by the
State Ethics Commission of your failure to do so.
a. Your position with the Stadium Authority was a non-
compensated position.
Mr. James J. Keeler
Page 3
5. The State Ethics Commission obtained your amended statements
of financial interest on January 16, 1990 at the
administrative offices of Lackawanna County.
a. Your statements were filed for the calendar years 1985,
1986, 1987, and 1988.
b. All of your statements were post dated January 15,
1990.
III. Discussion: As a member of the Lackawanna County Multi- Purpose
Stadium Authority, hereinafter Authority, James J. Keeler, hereinafter
Keeler is a public official as that term is defined under the Public
Official and Employee Ethics Law. 65 P.S. Section 402; 51 Pa. Code
Section 1.1. As such, Keeler's conduct is subject to the provisions
of the Ethics. Law and the restrictions therein are applicable to him.
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 Law was violated.
Under Section 4(a) of the Ethics Law quoted above, this provision
of law requires that each public employee and public official (Kremer
v. SEC, 56 Pa. Cmwlth. 160, 424 A.2d, 968 (1981), affirmed 503 Pa.
358, 469 A.2d 593 (1983)), must file a Statement of Financial
Interests for the preceding calendar year of each year that he holds
a public position as well as for the year after he leaves such a
position.
In the instant matter, Keeler did not file Statements of
Financial Interests. He asserts that he was unaware that such
statements had to be filed until he received official notice by this
Omission as to his failure to do so. Thereafter, Keeler filed
Financial Interests for the calendar years 1985 through 1988, all of
which are postdated January 15, 1990. In that Keeler did not timely
Mr. James J. Keeler
Page 4
file the required Statement of Financial Interests, we find a
technical violation of Section 4(a) of the Ethics Act. However, since
Keeler has filed the requisite Statements of Financial Interests and
since there is no evidence to indicate any intent regarding the
failure to file, this Commission will take no further action.
IV. Conclusions of Law:
1. James J. Keeler as a member of the Lackawanna County Multi -
Purpose Stadium Authority is a public official subject to the
provisions of the Ethics Act.
2. A technical violation of Section 4(a) of the Ethics Act
occurred when James J. Keeler failed to timely file Statements of
Financial Interests for the calendar years 1985 through 1988.
In re: James J. Keeler
: File Docket: 89 -059 -C
s Date Decided: May 17, 1990
t Date Mailed: May 29, 1990
ORDER No. 745
1. A technical violation of Section 4(a) of the Ethics Act
occurred when James J. Keeler, a member of the Lackawanna County
Multi- Purpose Stadium Authority, failed to timely file Statements of
Financial Interests for the calendar years 1985 through 1988.
2. Since the Statementsof Financial Interests have been filed
and since there is no evidence of any intent regarding the failure to
file, this Commission will take no further action.
BY THE COMMISSION,
H LENA G. HUGHES, CHAIR