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HomeMy WebLinkAbout97-006 MansourOPINION OF THE COMMISSION Mark Mansour, Esquire Loughran, Mlakar & Bilik 126 South Pennsylvania Avenue Greensburg, PA 15601 Dear Mr. Mansour: I. ISSUE: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Rev. Joseph G. Quinn Boyd E. Wolff Julius Uehlein DATE DECIDED: 2/21/97 DATE MAILED: 3/7/97 97 -006 Re: Candidate; Non - Incumbent; District Justice; Statement of Financial Interests; Filing Location; County This Opinion is issued in response to your advisory request letter dated January 16, 1997. Whether there is a particular county filing location at which a non - incumbent candidate for District Justice is required to file his Statement of Financial Interests, in order to satisfy the statutory requirement that the form must be filed with the governing authority of the political subdivision in which he is a candidate with a copy attached to his nominating petition. II. FACTUAL BASIS FOR DETERMINATION: As a potential non - incumbent candidate for District Justice in Westmoreland County, Pennsylvania, in the May, 1997 primary election, you request an advisory concerning the proper location for the filing of the Statement of Financial Interests with the "county." You state that you are uncertain as to which county official or office would be the proper filing location. You have submitted a copy of a letter dated January 6, 1997, from a State Ethics Commission staff member to Paula Pedicone of the Westmoreland County Board of Elections, which letter is incorporated herein by reference, and which states, in pertinent part: "Non- incumbent district justices are now required to file with the county in which they are seeking election as well as append a copy to their nomination petition." You have also submitted a photocopy of the back portion of the Statement of Financial Interests form which likewise directs Mark Mansour, Esquire March 7, 1997 Page 2 the filing of the Statements of Financial Interests for non - incumbent District Justice candidates to "the County in the district in which you are a candidate." Finally, you note that the last day for you to file the Statement of Financial Interests form is March 11, 1997. By letter dated February 11, 1997, you were notified of the date, time, and location of the public meeting at which your request for an advisory was to be considered. III. DISCUSSION: As a non - incumbent candidate for District Justice, you would be a "candidate" subject to the requirement to file the Statement of Financial Interests in accordance with Sections 4 and 5 of the Ethics Law, 65 P.S. §§ 404, 405. In order to address your inquiry, we shall initially review background information as to District Justices. District Justices are part of the Unified Judicial System of the Commonwealth. 42 Pa.C.S. §301. There is one District Justice in each Magisterial District, 42 Pa.C.S. §1511. Magisterial districts are contained within "judicial districts." See, 42 Pa.C.S. §§1502, 1503. The Commonwealth is divided into sixty Judicial Districts as set forth in 42 Pa.C.S. §901. The first Judicial District is comprised of the City and County of Philadelphia. The rest of the Judicial Districts are comprised of either one or two counties. Westmoreland County in particular is the only county which comprises the Tenth Judicial District. There is only one Court of Common Pleas for each Judicial District, 42 Pa.C.S. §911(a), and for those few Judicial Districts which are comprised of more than one county, there is a separate branch of the Court in each county comprising the Judicial District. 42 Pa.C.S. §91 1(c). A "political subdivision," which is defined in the Judicial Code somewhat differently than it is in the Ethics Law as "Any municipality except the City and County of Philadelphia," 42 Pa.C.S. §1501, may include more than one Magisterial District. The Courts divide the political subdivision into Magisterial Districts based upon population and area. 42 Pa.C.S. §1503(c). It is the governing body of the County which establishes an office or offices for each District Justice at such locations within the County as are approved by the President Judge of the Court of Common Pleas. 42 Pa.C.S. §1514. The President Judge of the Court of Common Pleas of the Judicial District also exercises general supervision and administrative control over the District Justices within his Judicial District. Dist. Just. Rule 17. Finally, we note that the powers of the District Justice outside of his Magisterial District appear to be limited to taking affidavits and acknowledgments, 42 Pa.C.S. §1513, unless he is specifically temporarily assigned to another Magisterial District, the Pittsburgh Magistrates Court, or the Traffic Court of Philadelphia, in which case he may hear and determine matters as if he was duly commissioned to sit there, 42 Pa.C.S. §4122(a), while simultaneously being able to continue to exercise his jurisdiction and authority in his own Magisterial District. Dist. Just. Rule 1 12B. Such temporary assignments are made by the President Judge of the Court of Common Mark Mansour, Esquire March 7, 1997 Page 3 Pleas of the Judicial District or, in his absence, by the available judge of that court with the longest continuous service. Dist. Just. Rule 1 12A. Having set forth the above background information as to District Justices, the pertinent provisions of the Ethics Law that must be reviewed in order to answer your question are the following: Section 4. Statement of financial interests required to be filed 65 P.S. §§404(b)(2), (3). 65 P.S. §402. (b)(2) Any candidate for county -level or local office shall file a statement of financial interests for the preceding calendar year with the governing authority of the political subdivision in which he is a candidate on or before the last day for filing a petition to appear on the ballot for election. A copy of the statement of financial interests shall also be appended to such petition. (3) No petition to appear on the ballot for election shall be accepted by the respective State or local election officials unless the petition has appended thereto a statement of financial interests as set forth in paragraphs (1) and (2). Failure to file the statement in accordance with the provisions of this act shall, in addition to any other penalties provided, be a fatal defect to a petition to appear on the ballot. Section 2. Definitions "Political subdivision." Any county, city, borough, incorporated town, township, school district, vocational school, county institution district, and any authority, entity or body organized by the aforementioned. In the past, this Commission required the non - incumbent District Justice candidate to file the Statement of Financial Interests form with the President Judge of the Judicial District in which the Magisterial District was located. From the Commission's perspective, that filing location was the most logical since, as noted above, the President Judge exercises general supervision and administrative control over the District Justices within the Judicial District. However, in 1993, Commonwealth Court issued a ruling which held, inter alia, that the term "political subdivision" as defined in the Ethics Law and set forth above does not include a County Court of Common Pleas so that the President Judge of a Common Pleas Court "is not a 'governing authority' of any 'political subdivision." In Re: Nomination Petition of Roberta M. Duncan - Thompson, No. 754 C.D. 1993, slip. op. at 6 (Pa. Commw. Ct. April 19, 1993). Accordingly, the Court concluded that such candidates for District Justice were not required to file a Statement of Financial Interests with the President Judge of the Court of Common Pleas. Id. Mark Mansour, Esquire March 7, 1997 Page 4 Given that the President Judge is no longer a viable filing location, the only logical "political subdivision" (as defined by the Ethics Law) in which to require the filing of this form by a non - incumbent District Justice candidate is the County in which he is a candidate, or in other words, the County in which the Magisterial District is located. This conclusion is supported by several factors. Although the candidate for District Justice is not seeking a County office per se, the Judicial Districts in which the Magisterial Districts are located are comprised of one or two counties, and it is the governing body of the County which has the legal duty to provide offices for the District Justices within the County. As for the specific filing location within the County, pursuant to the Ethics Law, the form must be filed "with the governing authority" of the County in which the individual is a candidate. The governing authority of the County is, of course, the Board of County Commissioners. 16 P.S. §203. Thus, we hold that the particular County filing location at which a non - incumbent candidate for District Justice is required to file his Statement of Financial Interests is the Board of County Commissioners or such other office as the Board of County Commissioners may designate for that purpose. The ability of the County Commissioners to designate a particular office or offices in which the forms must be filed is based upon the need for flexibility to accommodate the varying facilities of the counties. The primary concern is that the purpose of the Ethics Law be observed and that the forms be publicly available for inspection and copying at a discernible location. Finally, we would reiterate the fact that in addition to the above requirement, a copy of the form must be attached to the nominating petition filed with the County Board of Elections. IV. CONCLUSION: A non - incumbent candidate for District Justice is required to file the Statement of Financial Interests form in the County in which he is a candidate with the Board of County Commissioners or such other County office as the County Commissioners may designate for the filing of such forms. Additionally, a copy of the form must be attached to the nominating petition filed with the County Board of Elections. Pursuant to Section 7(10), the person who acts in good faith on this opinion issued to him shall not be subject to criminal or civil penalties for so acting provided the material facts are as stated in the request. This letter is a public record and will be made available as such. Finally, any person may request the Commission to reconsider its Opinion. The reconsideration request must be received at this Commission within thirty days of the mailing date of this Opinion. The person requesting reconsideration should present a detailed explanation setting forth the reasons why the Opinion requires reconsideration. By the Commission, ilainvotiE ethiLJ Daneen E. Reese Chair