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