Loading...
HomeMy WebLinkAbout754 BurnsIn re: Edward Burns STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -058 -C : Date Decided: June 21, 199Q : Date Mailed: July 9. 1990 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair G. Sieber Pancoast Dennis C. Harrington James M. Howley Daneen E. 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 not 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 1. Allegation: That you, a member of the Lackawanna County Multipurpose 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, 1987, and 1988 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. 5404(a). II. Findings: 1. You are currently a member of the Lackawanna County Multipurpose Stadium Authority. a. You have been a member of the Stadium Authority for approximately four and one half years. b. You were appointed to this position by the Lackawanna 5ounty Commissioners. c. In your position with the Stadium Authority you are not compensated. Your duties with the Stadium involves approving the payment of bills. 2. You stated you were previously unfamiliar with the State Ethics Commission and were not aware that you had to file a statement of financial interest until you received a letter of the allegations made against you. 3. You filed one statement of financial interest dated April 15, 1989 but did not list what 'calendar year it was for. 4. You forwarded copies of your amended statements of financial interest for the calendar years 1985, 1986, 1987, and 1988. a. All of your statements were postdated January 12, 1990. Mr. Edward Burns Page 3 III. Discussion: Edward Burns as a Lackawanna County Multi- Purpose Stadium Authority member, is a "public official" as that term is defined under the Ethics Act. 65 P.S. 402; 51 Pa. Code 1.1. As such, his 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. Cmwlth. 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 Edward Burns as a Lackawanna County Multi- Purpose Stadium Authority member violated Section 4(a) of the Ethics Act by failing to file Financial Interests Statements for the 1985 through 1988 calendar years. A initial review of the administrative offices of Lackawanna County reflect that a Financial Interests Statement dated April 15, 1989 for an unspecified calendar year had been filed. Burns states that he was unaware of the filing requirement until after he received notice of the allegation from this Commission. Burns then filed statements for the calendar years 1985 through 1988 all of which were post dated January 12, 1990. Accordingly, based upon the above, a technical violation by Edward Burns occurred as to Section 4(a) of the Ethics Act regarding the failure to timely file his Financial Interests Statements for 1985 through 1988 calendar years. However, since there is no evidence to indicate that the untimely filing was intentional, no further action will be taken. Mr. Edward Burns Page 4 IV. Conclusions of Law: 1. As a Lackawanna County Multi- Purpose Stadium Authority member, Edward Burns is a public official subject to the restrictions and filing requirements of the Ethics Act. 2. A technical urns timely file his Ethics occurred in that Edward Burns 198$ Financial Interests Statements. g In re: Edward Burns : File Docket: 89 -058 -C : Date Decided: June 21, 1990 : Date Mailed: July 9, 1990 ORDER No. 754 1. A technical violation of Section 4(a) of the Ethics Act occurred in that Edward Burns a Lackawanna Multi- Purpose Stadium Authority member did not timely file his 1985 through 1988 Financial Interests Statements. 2. No further action will be taken in this case since there is no evidence to indicate that the late filing was intentional. BY TH COMMISSION, . HUGHES; CHAIR