Loading...
HomeMy WebLinkAbout208 DoubleMr. William A. Double 577 Rosemar Drive Morrisville, PA 19067 Re: #83 -34 -C Dear Mr. Double: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 12, 1983 Order No. 208 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). II. Findings: 1. As a candidate for school director in the Morrisville School District you were subject to the filing requirements of the State Ethics Act. 2. You filed your nomination petitions in the Bucks County Court House on March 8, 1983. 3. You filed a copy of your Financial Interest Statement in the School District on March 10, 1983. Mr. William A. Double July 12, 1983 Page 2 a. The School District secretary's log list the following: Name Date Filed 4. Your original Financial Interest Statement was received in the State Ethics Commission office on March 14, 1983; the envelope was postmarked March 10, 1983. III. Discussion: Almond March 7, 1983 Clendaniel March 9, 1983 Double March 10, 1983 Evans March 9, 1983 Krulewicz March 9, 1983 Powell March 9, 1983 Sunderland March 9, 1983 Swinton March 7, 1983 Dubuski March 10, 1983 Pederson March 14, 1983 (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) 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., o. •• •D. •• w ere can•i�ates ai 'rig to file a Financial Interest Statement up through the primary election were Mr. William A. Double July 12, 1983 Page 3 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 4.2(b) of the State Ethics Commission regulations 51 Pa. Code 4.2(b). However, the information was on file in sufficient time for the public to use this information in their voting decisions and the Commission will take no further action. 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 Ur 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). EMS /na By the Commission, aul J. ii it Chairm