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HomeMy WebLinkAbout757 CorcoranIn re: Joseph Corcoran STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -063 -C : Date Decided: June 21, 1990/ : 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 ay 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). ADJUDICATION I. Allegation: That you, a Lackawanna County Commissioner, violated the following provisions of the State Ethics Act (Act 170 if 1978), when you failed to file Statements of Financial Interests for the 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. S404(a). II. Findings: 1. You presently serve as a Lackawanna County Commissioner. You have served in this position since 1984. 2. When you ran for County Commissioner you made public disclosure of all of your finances. a. You want it to go on record stating that you did file a statement of financial interest for each calendar year that you have been a public official and it was done on time. 3. A review of the statements of financial interest at the Administrative Offices of Lackawanna County found statements on file for you with the following information: a. A statement of financial interest for the calendar year 1987 (dated 1988). b . - =- A - statement dated-May 29, 1989 with-no calendar= year.. s. c. These statements failed to list Lackawanna County as a source of income in excess of $500.00 dollars. 4. You forwarded copies of your amended statements of financial interest to the State Ethics Commission for the calendar years 1987 and 1988. These forms noted the following: a. Statement Date: January 25, 1990 Mr. Joseph Corcoran Page 3 Calendar Year: 1987 Source of Income: Lackawanna County All other categories of financial interest: None b. Statement Date: January 25, 1990 Calendar Year: 1988 Sources of Income: Lackawanna County All other categories of financial interest: None III. Discussion: Joseph Corcoran as a Commissioner, is a "public official" as Ethics Act. 65 P.S. 402; 51 Pa. Code 1 subject to the provisions of that law. Initially, it is noted that Section 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." Lackawanna County that term is defined under the .1. As such, his conduct is 5 of Act 9 of June 26, 1989 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 Joseph Corcoran as a Lackawanna County Commissioner violated Section 4(a) of the Ethics Act by failing to file Financial Interests Statements for the 1987 and 1988 calendar years. A review of the administrative offices of Lackawanna County reflected that Financial Interests Statements for the calendar year 1987 dated 1988 was on file together with a statement dated May 29, 1989 with no calendar year indicated. Both statements did not list Lackawanna County as a source of income in excess of $500. However, amended statements for the calendaa years Mr. Joseph Corcoran Page 4 1987 and 1988 were filed which listed Lackawanna County as a source of income. Although the Statements of Financial Interests were in fact filed, the statement of May 29, 1989 was not timely as the Law requires such filings to be made by May 1, of each year. As such there was a technical violation of the State Ethics Law regardin4 the filing of May 29, 1989. In that there was no evidence that such was intentional or occasioned by an effect to conceal any financial intent we will take no further action in this matter. IV. Conclusions of Law: 1. As a Lackawanna County Commissioner Joseph Corcoran is a public official subject to the restrictions and filing requirements of the Ethics Act. 2. There was a technical violation of the Ethics Law in that the Statement of Financial Interests of May 29, 1989 was not timely filed. In re: Joseph Corcoran File Docket: 89 -063 -C / : Date Decided: June 21, 1990 Date Mailed: -Tilly 9_ 1990 ORDER No. 757 1. Joseph Corcoran, as a Lackawanna County Commissioner, is a public official subject to the provisions of the Public Official and Employee Ethics Law. 2. There was a technical violation of the Ethics Law in that the Statement of Financial Interests of May 29, 1989 was not timely filed. 3. In that the late filing was not intentional or occasional by an effort to conceal any financial interests no further action will be taken. / BY THE COMMISSION, LENA G. HUG S , CHAIR Commissioner James M. Howley did not participate in the consideration of this matter. /