HomeMy WebLinkAbout100 MillerMr. Carl B. Miller, Jr.
136 Kings Highway
Lynnport, PA 18066
Re: #81 -90 -C
Dear Mr. Miller:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
January 12, 1982
No. 100
The State Ethics Commission has received a complaint
regarding you and a possible violation of Act 170 of 1978.
The Commission has now completed its investigation into
these actions and finds a violation of Act 170.
The individual allegations and findings on which our
conclusion is based are:
I. Allegation: That as a candidate in the Primary
Election of 1981, you failed to file a Financial
Interest Statement with the State Ethics Commission
prior to the filing of your nomination petition and
that this violates State Ethics Commission Section 4(b)
of the Ethics Act.
II. Allegation: That because of the above action you
are not qualified to hold the office sought in that
election.
Findings /Discussion:
1. You were a candidate for nomination to the post of
Township Supervisor in Lynn Township, Lehigh County,
during the primary election of May 1981.
2. You filed a Financial Interest Statement with the
State Ethics Commission which was received by the State
Ethics Commission as of April 6, 1981.
3. The last day for filing nomination petitions for
the May, 1981 primary was March 10, 1981.
4. The Ethics Act, Section 4(b) requires that:
Mr. Carl B. Miller, Jr.
January 12, 1982
Page -2-
"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)
5. By action and directive of the State Ethics Commission
the names of all persons filing Financial Interest
Statements in relation to the May, 1981 primary election
which were received by the State Ethics Commission
after March 13, 1981 were referred to the appropriate
District Attorney for review for prosecution under
Section 9(b) of the Ethics Act, 65 P.S. 409 (b).
6. Your name was so referred to the District Attorney
of Lehigh County on July 17, 1981.
7. By letter of July 22, 1981, the District Attorney
declined to institute any prosecution.
8. You did receive the nomination sought and referred
to in No. 1 above, but you were defeated in the general
election and will not be eligible to be sworn into
office.
The State Ethics Commission has developed a clear and
consistent policy for taking action in reviewing the
financial interest statements filed by May, 1981 primary
candidates. This policy and action were implemented in
your case and no further referral for review for prosecution
is warranted.
Likewise, the question of whether you are "qualified"
to hold the office sought is moot since you lost the
general election and will not be eligible to assume
office, in any event.
Conclusion: The Commission will take no further action
in this matter.
Mr. Carl B. Miller
January 12, 1982
Page -3-
Our files in this case will remain confidential in
accordance with Section 8(a) of the Ethics Act, 65 P.S.
408(a). However, this Order is final and will become avail-
able as a public document within 15 days unless you file
documentation with the Conunission which justifies recon-
sideration and /or challenges pertinent factual findings.
During this 15 -day period, no one, including the Re-
spondent and /or Complainant, may violate this confidentiality
by releasing, discussing or circulating this Order. Any
person who violates the confidentiality of a Commission
proceeding is guilty of a misdemeanor and shall be fined not
more than $1000 or imprisoned for not more than one year or
both, see 65 P.S. 409(e).
PJS /jc
Sincerely,
/ . i
- aul j4.• Smith
Chairman