HomeMy WebLinkAbout207 HoatsMr. Dominic M. Hoats
102 E. Blaine Street
McAdoo, PA 18237
Re: 83 -33 -C
Dear Mr. Hoats:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
July 12, 1983
Order No. 207
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, as a candidate in the 1983 Primary Election, filed
the yellow copy of your Financial Interest Statement on March 7, 1983 and
your petition at the County Bureau of Elections in Pottsville on March 3, 1983,
and that this is a 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).
II. Findings:
1. As a candidate for Borough Council you were subject to the filing
requirements of the State Ethics Act.
2. You filed your nomination petitions at the Schulykill County Court House
on March 3, 1983.
3. You filed your Financial Interest Statement with the Borough of McAdoo on
March 7, 1983.
4. Your original Financial Interest Statement was received in the State
Ethics Commission office on March 7, 1983.
Mr. Dominic M. Hoats
July 12, 1983
Page 2
III. Discussion:
(b) 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).
(b) 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).
The law and regulations require that the original and a copy of your
Financial Interest Statement be filed prior to the filing of your nomination
petitions. In this case, you filed four (4) days late at each location.
However, 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 Ethi -cs
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.
IV. Conclusion: You violated Section 4(b) of the Ethics Act and Section
4.2(b) of the State Ethics Commission regulations. However, the information
was on file to give the public sufficient time to use it in their voting
decisions and the Commission will take no further action in this case.
Mr. Dominic M. Hoats
July 12, 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).
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By the Commission,
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