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HomeMy WebLinkAbout738 GerhartMr. Ernest E. Gerhart, Sr. R.D. #1, Johnsoville Road Bangor, PA 18013 Re: 89 -098 -C 89 -008 -C Dear Mr. Gerhart: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 738 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair W. Thomas Andrews G. Sieber Pancoast Dennis C. Harrington James M. Howley Date Decided: February 22, 1990 Date Mailed: March 6, 1990 The State Ethics Commission received a complaint regarding you and a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 401 et. seq. You were notified in writing as to the commencement of the investigation and as to the specific allegation(s). The investigation has now been completed and a Findings Report was issued to you which constituted the Complaint by the Investigation Division of the State Ethics Commission. An Answer was filed and a hearing was waived. The record is now completed. This Order of the Commission is hereby issued which sets forth the individual allegations, findings, discussion and conclusion as follows: I. Alleaation: That you, a Supervisor for Upper Mount Bethel Township, Northampton County, violated the following provisions of the Ethics Act (Act 170 of 1978), when you failed to file Statements of Financial Interests: 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 Ernest E. Gerhart, Sr. Page 2 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). 54.4.Incumbent and former public officials. (b) Incumbent public officials in governmental bodies other than those specified in subsection (a) who are not candidates shall file their. Statement of Financial Interests only with their governmental body. 51 Pa. Code §4.4(b). A. Findings: 1. You serve as a Township Supervisor in Upper Mount Bethel Township, Northampton County, Pennsylvania. a. You have served in this position since January of 1984. 2. Prior to serving in this position, you were employed by the township as a police officer for eleven years and as a laborer on the roads for two years. a. You have also been employed as a road worker while serving as a township supervisor. 3. A review of the Upper Mount Bethel Township records indicate the following Statements of Financial Interests on file for you. a. Statement dated April 6, 1983 - interest indicated as none. b. c . d. e . Statement dated April 23, 1984 interest indicated as none. Statement interests Statement interests Statement interests dated April 20, 1985 indicated as none. dated April 18, 1986 indicated as none. dated April 6, 1987 indicated as none. all categories of financial - all categories of financial - all categories of financial - all categories of financial - all categories of financial Ernest E. Gerhart, Sr. Page 3 f. Statement dated March 22, 1989 - direct or indirect sources of income listed as Upper Mount Bethel Township. All other categories of financial interests listed as none. 4. Minutes of the Upper Mount Bethel Township Board of Supervisors for 1985 through 1989 indicate the following actions regarding your appointment to a position of employment as a township roadworker: a. The January 3, 1985 minutes indicate that Supervisor Ernest Gerhart was approved to work as roadmaster. b. The January Gerhart was c. The January Gerhart was d. The January Gerhart was 6, 1986 minutes indicate that Supervisor Ernest approved to work as roadmaster. 5, 1987 minutes indicate that Supervisor Ernest approved to work as roadmaster. 4, 1988 minutes indicate that Supervisor Ernest approved to work as Assistant Road Foreman. e. The January 3, 1989 minutes indicate that a motion was made to eliminate Mr. Gerhart's position as working supervisor with the Road Department. The vote was 2 to 2 with Gerhart abstaining. The motion failed. 5. Records of Upper Mt. Bethel Township contained a letter dated April 27, 1988 from Ernest E. Gerhart, Sr., to the State Ethics Commission. a. A letter indicates that attached were three statements of Financial Interests for calendar years 1985 through and including 1987. b. The letter further indicates that in reviewing his files, Mr. Gerhart realized that he had not filed the Statements of Financial Interests for these years. He indicated that he was filing these statements at that time as a result of this review. The statements enclosed in the letter were the statements identified in Findings 3(a), (b) and (e) above. 6. You provided the following information in relation to the instant situation: a. You serve as a township supervisor in Upper Mount Bethel Township, Northampton County, Pennsylvania. b. You served in that position since January of 1984. Ernest E. Gerhart, Sr. Page 4 c. Prior to that time, you were serving as a township police officer and for eleven years as a laborer for two years. d. You did not file Statements of Financial Interests for calendar years 1985, 1986 and 1987. e. You assert this was an oversight on your part. f. You did file statements for calendar years 1983 and 1984. g. The former secretary of the township provided blank statements to the supervisors for completion on an annual basis. The new secretary did not do this and you forgot to fill out -the forms for the years noted above. h. You realized this mistake about the same time that a-State Ethics Commission investigator was at the township building. i. You asked the investigator how you should handle that situation and you were advised that said statements should be filed. B. Discussion: You sent the forms to the State Ethics Commission and they were returned to you with an indication that they should not be filed with this Agency but rather only with the Township. As a township supervisor in Upper Mount Bethel Township, you are a public official as that term is defined under the Ethics Act. 65 P.S. 402. As such, your conduct is subject to the provisions of the Ethics Law and the restrictions therein are applicable to you. 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 Ernest E. Gerhart, Sr. Page 5 of Act 170 of October 4, 1978, P.L. 883 to determine whether the Ethics Act was violated. Under Section 4(a) of the Ethics Act and Section 4.4(b) of the Regulations quoted above, these two provisions of law require that incumbent public officials who are not candidates must file a Financial Interests Statement on or before May 1 for the proceeding calendar year with their governmental body. In this case you have been serving as a township supervisor in Upper Mount Bethel Township since January of 1984. In addition, you were also appointed township road master for the years 1985 through 1989. However, you did not file Financial Interests Statements for the calendar years 1985, 1986 and 1987. Upon receipt of the notice of the above allegations, you realized that you did not file the Financial Interests Statements for these three years and thereafter filed same which were acknowledged as received by the township by letter of April 27, 1988. At the present time, the township has on file Financial Interests Statements from you for the years 1983 through 1988, all of which forms except for the 1988 year list "none" in all categories of Financial Interests. The 1988 calendar year Financial Interests Statements does list Upper Mount Bethel Township as a direct or indirect source of income. In light of the fact that you failed to file Financial Interests Statements for the calendar years 1985 through 1987 on or before the filing deadline, we find a technical violation of Sections 4(a) and Sections 4.4(b) of the Ethics Act. We also note that you have listed none for all categories of Financial Interests for your filings for the calendar years 1983 through 1987. We find such statements deficient in light of the fact that you have been serving as a supervisor since 1984 for which you received statutory compensation as a supervisor; in addition you have been elected roadmaster since 1985 for which you received compensation as a township employee. Therefore, you are directed to file amended Financial Interests Statements for the calendar years 1984 through 1987 which would list Upper Mount Bethel Township as a direct or indirect source of income. Failure to comply with the foregoing will result in the referral of this matter to the appropriate law enforcement authority for review and appropriate action. However, if you comply within thirty days of the date of this order, no further action will be taken. C. Conclusion and Order: 1. As a supervisor in Upper Mount Bethel Township you are a public official subject to the provisions of the Ethics Law. Ernest E. Gerhart, Sr. Page 6 2. There is a technical violation of Sections 4(a) and 4.4(b) of the Regulations regarding the failure to file Financial Interests Statements for the calendar years 1985 through 1987. 3. Since you now have filed Financial Interests Statements for the calendar years 1985 through 1987, this Commission will take no further action provided you file amended Financial Interests Statements for the calendar years 1984 through 1987 which would list Upper Mount Bethel Township as a direct or indirect source of income within thirty days of the date of this Order. 4. Failure to comply with the provisions of paragraph three above will result in the referral of this matter to the appropriate law enforcement authority for review and appropriate action. This Order is final and will be made available as a public document fifteen days after issuance. However, you may request reconsideration which will defer public release of this Order pending action on your request by the Commission. A request for reconsideration, however, does not affect the finality of this Order. A reconsideration request must be received at this Commission within fifteen days of issuance and must include a detailed explanation of your 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, including yourself, unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, confidentiality does not preclude you from discussing this case with your attorney at law. Any person who violates confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, 65 P.S. 409(e). By th Commission, A 014.4.--/ e lena G. Hughes Chair Mr. Ernest E. Gerhart, Sr. R.D. #1, Johnsoville Road Bangor, PA 18013 Dear Mr. Gerhart: VJD /emg STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 March 19, 1990 This is to acknowledge that the State Ethics Commission has received your letter of March 8, 1990 and the enclosed original or amended Statements of Financial Interests for the years 1983 through 1989 that list Upper Mount Bethel Township inter alia as a direct or indirect source of income. Very truly yours, A Vincent J. Dopko Chief Counsel