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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