HomeMy WebLinkAbout197 DobuskiMr. Richard M. Dobuski
308 W. Hendrickson Avenue
Morrisville, PA 19067
Re.: #83 -36 -C
Dear Mr. Dobuski:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
May 23,1983
Order No. 197
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. The individual allegations, conclusions, and findings on which
those conclusions are based are as follows:
I. Allegation: That you, a candidate for the position of school board
director in the Borough of Morrisville School District, filed your nomination
petitions on March 8, 1983 and the Financial Interest Statement with the
school district secretary on March 10, 1983 in violation of Section 4(b) of
the Ethics Act 65 P.S. 404(b) and Section 4.2(b) of the State Ethics
Commission regulations 51 Pa. Code 4.2(b).
A. Findings:
1. You filed your nomination petitions on March 8, 1983 and your Financial
Interest Statement with the school district secretary on March 10, 1983.
2. You filed your Financial Interest Statement with the State Ethics
Commission on March 14, 1983; the postmark on this mailing was March 10, 1983.
B. Discussion: Section 4(b) of the Ethics Act states:
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.
Richard M. Dobuski
May 23, 1983
Page 2
The State Ethics Commission regulations pertaining to filing of
Statements of Financial Interest read:
Each candidate for local office shall file a
Statement of Financial Interests with the
Commission and shall file a copy of the
Statement with the governing authority of that
political subdivision for which he is a
candidate prior to filing a petition to appear
on the ballot. 51 Pa. Code 4.2(b)
While it is clear that both the law and the regulations require filing of
a Financial Interest Statement prior to filing nominating papers, the
Pennsylvania Supreme Court interpretation of Section 4(b) of the Ethics Act
provides for a reasonable application of these requirements especially where
the public's right to view this information during the selection process has
not been unduly impaired. See State Ethics Commission v. Boards of Election
in Allegheny County, et. al., No. 1266 C.D. 1981 where candidates failing to
file a Financial Interest Statement up through the primary election were
removed from the general election ballot. See also State Ethics Commission
v. Baldwin, Pa. , 445 A.2d 1208 (1982). In addition, previous Ethics
Commission decisions have also recognized the need for judicious application
of the law unless there is reason to believe that the delay in filing the
Financial Interest Statement was caused by a conscious action of the public
official or the public employee in an attempt to conceal or realize personal,
financial gain or some other special advantage in being a candidate or
officeholder.
C. Conclusion: Although, you technically violated Section 4(b) of the Act
and Section 4.2(b) of the State Ethics Commission regulations, the Financial
Interest Statements are now available at the State Ethics Commission and
the school district offices and were available in sufficient time for the
public to exercise its right to review this information during the selection
process of the 1983 primary election. The Commission will take no further
action on this matter.
Richard M. Dobuski
May 23, 1983
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 be made available as a public document 15 days after service
unless you file documentation with the Commission which justifies
reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code
2.38. During this 15 -day period, no one, including the Respondent unless he
waives his right to challenge this Order, 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
By the Commission,
Paul . Smith
Chair n