HomeMy WebLinkAbout104 SchreinerMr. John F. Schreiner
8 N. 4th Street
Coplay, PA 18037
Re: #81 -90 -C
Dear Mr. Schreiner:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
January 12, 1982
No. 104
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 no 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 In-
terest 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 an announced write -in candidate for
nomination to the post of Tax Collector in the Borough
of Coplay, Lehigh County, during the primary election
of May, 1981 and did not file a nomination petition for
this position.
2. You filed a Financial Interest Statement with the
State Ethics Commission which was received by the State
Ethics Commission as of March 26, 1981.
3. The last day for filing nomination petitions for
the May, 1981 primary was March 10, 1981 and you decided
to become a write -in candidate on or after this date.
4.a. The Ethics Act, Section 4(b) requires that:
/o1
Mr. John F. Schreiner
January 12, 1932
Page -2-
"Each candidate for public office shall
file a statement of financial interests
for the preceding calendar year with the
Coiiuilission 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)
4.b. The Regulations of the State Ethics Commission
require that:
"Announced write -in candidates must file
a Statement of Financial Interests with
the Commission and a copy with the governing
authority of that political subdivision for
which he is a candidate within 15 days of
declaring their candidacy or within half
the time between the declaration of candidacy
and the election, if that period is less than
15 days." 51 Pa. Code § 4.2 (c).
5. 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.
There is no violation of the Ethics Act or regulations
in your case because you filed your Financial Interest
Statement within 15 days of announcing your write -in
candidacy.
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. John F. Schreiner
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 Commission 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,
!Paul ^ �J fnith
Chairm