HomeMy WebLinkAbout210 PadagonasMr. Edward G. Padagomas
73 Orchard Street
Glen Lyon, PA 18634
RE: #83 -66 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
July 12, 1983
ORDER OF THE COMMISSION
Order No. 210
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 Township Auditor, failed to file a
Financial Interest Statement as required by the Ethics Act and this is a
violation of Section 4 of that Act.
A. Findings:
1. You are a candidate for Auditor in Newport Township, Pennsylvania.
2. You filed your nomination petitions at the Luzerne County Courthouse on
March 7, 1983.
3. Your Financial Interest Statement was received by the State Ethics
Commission on March 17, 1983.
Discussion: Section 4(b) of the Ethics Act states:
(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).
The State Ethics Commission regulations pertaining to filing of
Statements of Financial Interest state:
Mr. Edward G. Padagomas
July 12, 1983
Page 2
(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 in interpreting Section 4(b) of the Ethics Act
provided 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 the 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 — Eve 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 candidate
for public office, the public official, or the public employee in an attempt
to conceal information or realize personal, financial gain or secure some
other special advantage.
C. Conclusion: Although you technically violated Section 4(b) of the Act and
Section 4.2(b) of the State Ethics Commission regulations, the Financial
Interest Statement is now available and was available in sufficient time for
the public to review this information during the selection process of the most
recent primary election. The Commission will take no further action on this
matter.
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).
EMS /rdp
Sincerely,
,e(
Paul J SrKi t
Chairm n