HomeMy WebLinkAbout209 PedersenMr. Kenneth C. Pedersen
424 Barclay Avenue
Morrisville, PA 19067
Re: #83 -37 -C
Dear Mr. Pedersen:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
July 12, 1983
Order No. 209
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 your Financial Interest Statement with the
school district secretary on March 14, 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 14, 1983.
a. On March 7, 1983, you had delivered this copy to the Borough office and
later discovered this was an error.
Mr. Kenneth C. Pedersen
July 12, 1983
Page 2
b. The School District
Name
Almond
Clendaniel
Double
Evans
Krulewicz
Powell
Sunderland
Swinton
Dubuski
Pederson
4. Your original
Ethics Commission
III. Discussion:
secretary's log list the following:
Date Filed
March
March
March
March
March
March
March
March
March
March
7, 1983
9, 1983
10, 1983
9, 1983
9, 1983
9, 1983
9, 1983
7, 1983
10, 1983
14, 1983
Financial Interest Statement was
office on March 9, 1983.
received in the
State
(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., No. C. •: w ere candidates al ing to
file a Financial Interest Statement up through the primary election were
11
Mr. Kenneth C. Pedersen
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 d cie sions 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 Urder, 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,
a t 1616:64
Chairman