HomeMy WebLinkAbout105 KistlerMr. Ronald J. Kistler
R. D. #8, 4 Champmans Road
Box 461
Allentown, PA 18104
Re: #81 -90 -C
Dear Mr. Kistler:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
February 3, 1982
No. 105
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 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
Ethic 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
Tax Collector in Upper Mancungie 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 3, 1981.
3. The last day for filing nominating petitions for
the May, 1981 Primary was March 10, 1981.
Ronald J. Kistler February 3, 1982
Page -2-
When you stated on your nominating petition that you
had filed a Financial Interest Statement for the year
prior, you were under the impression that the filing
you made about September, 1979 was good for one year.
You were instructed file a Financial Interest Statement
each year after that time, if the government study
commission (to which you belonged and therefore required
the filing) was still in operation. Thus the direction
received from your local township supervisors thru a
directive from their state office, told you that the
filing in September 1979 was good into the year of
1980.
Therefore when you answered the question on your nominating
petition that said you had filed a "Statement of Financial
Interest for the preceding year" you believed it was
answered correctly.
4. The Ethics Act, Section 4(b) requires that:
"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.
Ronald J. Kistler
Page -3-
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. Our previous actions were appropriate
and met our responsibilities and use of authority.
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 Si Smith
Chairman
February 3, 1982
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.