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HomeMy WebLinkAbout198 ErtelAllen E. Ertel , Esq. R. D. #2 Montoursville, PA 17754 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION May 20, 1983 Order No. 198 Dear Mr. Ertel : Re: #82 -88 -C 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 as a candidate for public office you failed to properly report an office or directorship or employment in a business as required on your Financial Interest Statement and by Section 5(b)(8) of the Ethics Act, 65 P.S. 405 (b)(8) and Regulations of the State Ethics Commission, 51 Pa. Code 5.14, which failure violates Sec. 4, 5 and 9(b) of the Ethics Act. A. Findings: 1. You were a candidate for the Office of Governor in 1982. 2. As a candidate you submitted a Financial Interest Statement (FIS) dated March 8, 1982. a. This FIS reported as a direct or indirect source of income the "Penn Valley Air charter, Selinsgrove, Pa." on Item 15. b. Under Item 18, "Office or Directorship in any business," the fact that "wife was President, Penn Valley Air Charter" was reported. Allen E. Ertel May 20, 1982 Page 2 3. During calendar year 1981, the period of time covered by the above- referenced FIS, you were not a director, officer, fiduciary, or partner (limited or general) in Penn Valley Air Charter (PVAC) although you had some responsibility for "overseeing" PVAC operations. 4. During calendar year 1981, your wife was a director, officer, fiduciary, or partner (limited or general) in PVAC. 5. During 1981 you did not hold an interest in PVAC exceeding 5.0% of the equity of the business or, if such financial interest is indebtedness, equalling or exceeding 5.0% of the assets of PVAC. B. Discussion: The Ethics Act requires candidates for public office to report certain financial interests and those of their spouse, including the following information: (8) Any office, directorship or employment of any nature whatsoever in any business entity. 65 P.S. 405(b)(8) (9) Any financial interest statement in an legal entity enaged in business for profit. 65 P.S. 405(b)(9) The regulations of the State Ethics Commission corresponding to these provisions of the Ethics Act are found at 51 Pa. Code 5.14 and 5.15 respectively and require reporting as follows: 5.14 A public official, public employe or candidate shall disclose the name and address of the business entity and the position held where the person required to disclose, his spouse, or minor dependent child is an officer, director, fiduciary, or partner - -- limited or general. 5.15 A public official, public employe or candidate shall disclose his financial interest and that of his spouse, and minor dependent children in any legal entity engaged in business for profit where such interest exceeds 5.0% of the equity of the business or, if such financial interest is indebtedness, equals or exceeds 5.0% of the assets of the business. Allen E. Ertel May 20, 1983 Page 3 It is apparent that in 1981 you, personally, had no interest in PVAC reportable under Section 5(b)(8) of the Ethics Act, and 51 Pa. Code 5.14 or Section 5(b)(9) of the Ethics Act and 51 Pa. Code 5.15. You properly reported your wife's interest as President of PVAC on Line 18 of your FIS. You have met the reporting requirements contained in the Ethics Act as to PVAC. C. Conclusion: You have complied with the reporting and disclosure requirements of the Ethics Act with respect to PVAC. 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 Tder, 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 J ` mith Chairman