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Home My WebLink About762 DiffenderferSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In re: Scott A. Diffenderfer : File Docket: 90 -002 -C Date Decided: August 16, 1990 Date Mailed: August 24, 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 1 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 candidate for supervisor of Antrim Township, Franklin County, violated the following provisions of the Ethics Act, (Act 170 of 1978), when you failed to file a Statement of Financial Interests as a candidate prior to filing your nominating petition for the 1989 primary election: Section 4. Statement of financial interests required to be filed. II. Findings: (b) Each candidate for public office shall file a statement of financial interests for the preceding calendar year with the Commission prior to filing a petition to appear on the ballot for election as a public official. A petition to appear on the ballot shall not be accepted by an election official unless the petition includes an affidavit that the candidate has filed the required statement of financial interests with the commission. 65 P.S. §404(b). 1. Scott A. Diffenderfer serves as an elected Township Supervisor for Antrim Township, Pennsylvania. 2. Scott A. Diffenderfer was a candidate for election to the office of Township Supervisor, Antrim Township, Pennsylvania in the primary election of 1989. 3. The last day for filing nomination petitions, to appear on the primary ballot for the municipal election of 1989 was March 7, 1989. 4. By way of letter dated June 2, 1989 from the State Ethics Commission, Scott A. Diffenderfer was advised that the Commission had been notified that he had filed nomination petitions to appear on the 1989 primary election ballot. a. He was further advised that no record of receiving a Statement of Financial Interests as a candidate for election could be found at the State Ethics Commission. As such, ..he..was, advised that, a._ . .. _ .... . statement must be filed with the State Ethics Commission. 5. Records of the State Ethics Commission indicate a Statement of Financial Interests on file for Scott A. Diffenderfer dated June 5, 1989. a. The statement was received by the State Ethics Commission on June 7, 1989. Mr. Scott A. Diffenderfer Page 3 b. The statement was filed as a candidate for the position of Township Supervisor, Antrim Township. 6. Records of the State Ethics Commission indicate an additional statement of Financial Interests on file for Scott A. Diffenderfer dated July 14, 1989. a. The statement was received at the offices of the State Ethics Commission on July 19, 1989. The statement was filed in Mr. Diffenderfer's capacity as a candidate for the position of Township Supervisor, Antrim Township, Pennsylvania. 7. In the 1989 Primary Election, Mr. Diffenderfer was a first -time candidate for public office. 8. Scott A. Diffenderfer had not received a Statement of Financial Interests form at the time that he picked up, his nomination petition. 9. There is no evidence or indication that Scott A. Diffenderfer's failure to timely file a Statement of Financial Interests was intentional or occasioned by an effort to conceal his financial interests. III. Discussion: Scott A. Diffenderfer as a candidate for the position Supervisor of Antrim Township is an individual subject to the filing requirements of Section 4(b) of the Ethics 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- to he f t lye = date =of 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. Mr. Scott A. Diffenderfer Page 4 Under Section 4(b) of the Ethics Act quoted above, this provision of law requires that each candidate for public office must file a Statement of Financial Interests for the preceding calendar year not later than the deadline for filing a petition to appear on the ballot for election to public office. In the instant matter, Diffenderfer was a candidate for township supervisor in the 1989 primary election. The deadline for filing nominating petitions for that election was March 7, 1989. Diffenderfer did not file the Financial Interests Statement by the foregoing deadline. Thereafter, Diffenderfer filed a Statement of Financial Interests dated June 5, 1989 which was received on June 7, 1989 by this Commission. The above filing occurred after Diffenderfer was notified by letter of June 2, 1989 from this Commission that his name appeared on the 1989 primary election ballot without the requisite Statement of Financial Interests being filed with the Commission. Subsequently a second Statement of Financial Interests dated July 14, 1989 was received by the Commission on July 19, 1989. Diffenderfer was a first time candidate for public office in the 1989 primary election and was not given a Statement of Financial Interests form at the time he picked up his nominating petition. Based upon the above we find a technical violation of Section 4(b) of the Ethics Act but will take no further action since the form has been filed and since there is no evidence to indicate that the failure to timely file was intentional or done in effort to conceal financial interests. IV. Conclusions of Law: 1. Scott a. Diffenderfer as a candidate for the Office of Supervisor of Antrim township is an individual required to file a Statement of Financial Interests. 2. A technical violation of Section 4(b) of the Ethics Act occurred when Scott A. Diffenderfer failed to timely file his Statement of Financial Interests before the deadline for filing nominating petitions to appear on the 1989 primary ballot. In re: Scott Diffenderfer File Docket: 90 -002 -C Date Decided: August 16, 1990 Date Mailed: August 24, 1990 ORDER No. 762 1. A technical violation of Section 4(b) of the Ethics Act occurred when Scott A. Diffenderfer as a candidate for supervisor of Antrim Township failed to timely file his Statement of Financial Interests before the deadline for filing nominating petitions to appear on the 1989 primary ballot. 2. No further action will be taken in this matter since there is no evidence to indicate that the failure to timely file was intentional or occasioned by an effort to conceal financial interests. BY THE COMMISSION, �?! f / ;' ,./ (2 a, HELENA G. HUGHES, CHAIR