HomeMy WebLinkAbout235 FaustMr. Robert C. Faust
R. D. #2, Box 47
Weatherly, PA 18255
Re: No. 83 -131 -C
Dear Mr. Faust:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
September 16, 1983
Order No. 235
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 were an unannounced write -in candidate in the May
17, 1983 Primary Election and failed to file a Statement of Financial
Interests in violation of Section 4(e)(2), of the Ethics Act, 65 P.S.
404(e)(2), and Ethics Commission regulations.
A. Findings:
1. You were an unannounced candidate in the 1983 Primary Election,
2. Unannounced write -in candidates are not subject to the State Ethics Act
until they receive notification that they were successful write -in candidates
and decide to accept the nomination.
3. You were notified by the Carbon County Board of Elections that you were a
successful candidate in the May 17, 1983 Primary Election and filed a
Financial Interest Statement with the State Ethics Commission on July 22,
1983.
Robert C. Faust
September 16, 1983
Page 2
B. Discussion: Section 4(b) of the Ethics Act states:
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).
In addition, Section 4(e)(2) states:
Any candidate for local office shall file a
statement of financial interests with the
commission pursuant to this act and shall
file a copy of that statement with the
governing authority of the political
subdivision in which he is a candidate.
65 P.S. 404(e) (2).
Section 4.2(d)(1) and (2) require that unannounced write -in candidates
file Financial Interest Statements with the State Ethics Commission prior to
the last date for candidates to withdraw from the election. The final date
for withdrawal in 1983 was August 15, 1983. The Financial Interest Statement
you filed on July 22, 1983 was within this period and met the filing
requirements of the Ethics Act.
C. Conclusion: You filed a Financial Interest Statement with the Ethics
Commission as required by the Ethics Act and we find no violation.
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 (defined
as mailing) 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 thisUrder, may violate this confidentiality by
releasing, discussing or circulating this Order.
Robert C. Faust
September 16, 1983
Page 3
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).
By the Commission,
PJS /jc
haul• J./Smith
Chairman