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HomeMy WebLinkAbout236 StalgaitisMr. John W. Stalgaitis Rr. 115 N. Kennedy Drive McAdoo, PA 18237 Re: 83 -32 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 September 20, 1983 ORDER OF THE COMMISSION Order No. 236 Dear Mr. Stalgaitis: 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 these conclusions are based are as follows: I. Allegation: That you, as a candidate for the 1983 Municipal Election filed your Financial Interest Statement with the Borough Secretary at 9 a.m., March 9, 1983, and your nomination petition at the County Bureau of Elections in Pottsville at 10:10 a.m., March 7, 1983, and that this is a violation of Section 4(b) of the Ethics Act and the State Ethics Commission regulations, 51 Pa. Code 4.2(b). A. Findings: 1. You were a candidate for McAdoo Borough Council in the 1983 Primary Election. 2. As a candidate, you are subject to the State Ethics Act. 3. You filed your nomination petitions on March 7, 1983, at the Schuylkill County Court House. 4. The State Ethics Commission received your Financial Interest Statement on March 9, 1983. 5. You filed a copy of your Financial Interest Statement with the Borough of McAdoo at 9 a.m. on March 9, 1983. 6. There is no evidence that you, in filing your Financial Interest Statement with the Borough after you filed your nomination petitions, intended to conceal information or deceive the public. Mr. John W. Stalgaitis September 20, 1983 Page 2 B. 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). Section 4(e)(2) of the Ethics Act states: (e)(2) 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(b) of the State Ethics Commission regulations state: 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). Your original Financial Interest Statement was received in the State Ethics Commission office on March 9, 1983, and Commission regulations allow the acceptance of a postmark up to and including March 10, 1983. Your filing with this Commission met the requirements of the Ethics Act and State Ethics Commission regulations. You filed the copy of your Financial Interest Statement at the Borough of McAdoo on March 9, 1983, two days after filing your nomination petitions. This is a violation of the Ethics Act and Commission regulations. Mr. John W. Stalgaitis September 20, 1983 Page 3 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. 1266 C. D. 1981 where candidates failing to file a Financial Interest Statement up through the primary election were removed for 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 information or deceive the public. We found no evidence that your late filing was intended to conceal information or deceive the public. In keeping with the concepts expressed by the Court, we accept the late filing of March 9, 1983, as one which made your Financial Interest Statement available during the selection process. C. Conclusion: Although, you technically violated Section Section 4.2(b) of the State Ethics Commission regulations, the Financial Interest Statements are now available at the State Ethics Commission and the offices of your governmental body and were available in sufficient time for the public to exercise its right to review this information during the selection process of the 1983 primary election. The Commission will take no further action on this matter. II. Allegation: That you failed to disclose all sources of income of $500 or more and this is a violation of Section 5(b)(5) of the Ethics Act which requires: "The name and address of any person who is the direct or indirect source of income totaling in the aggregate of $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics." A. Findings: 6. You received $500 or more from the Borough of McAdoo for your services as a council person. 7. Your wife received $500 or more from the American Bank and Trust Company of Pennsylvania, McAdoo office. 8. There is no evidence that these omissions were willful or intended to conceal information or deceive the public. Mr. John W. Stalgaitis September 20, 1983 Page 4 B. Discussion: Section 5(b)(5) of the Ethics Act states: (b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement and the members of his immediate family: (5) The name and address of any person who is the direct or indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. 65 P.S. 405(b)(5). You were injured while directing traffic for the Borough of McAdoo and filed a Workmen's Compensation claim. This claim was refused because you were not considered an employee of the Borough. Based upon this ruling, you believed the State Ethics Act did not require reporting the Borough of McAdoo as a source of income. However, the Ethics Act requires the reporting of all sources of income of $500 or more. The reporting requirement is not restricted and all sources of income must be listed. While your failure to report was a violation of Section 5(b)(5) of the Ethics Act, the Commission has consistently accepted an amendment as an appropriate remedy where there is no evidence that the information was willfully omitted to conceal the filer's financial interests or deceive the public. The Act also requires the reporting of the source of income of $500 or more for the spouse of the person required to file the Financial Interest Statement. In this case, you failed to report the American Bank and Trust Company of Pennsylvania as a source of income of $500 or more for your wife. This is a violation of Section 5(b)(5) of the Ethics Act but we found no evidence to indicate that this omission was willful. You have now amended your Financial Interest Statement and the information is available for public inspection. C. Conclusion: You technically violated Section 5(b)(5) of the Ethics Act but your Financial Interest Statement has been amended and the information is now available to the public. 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 Mr. John W. Stalgaitis September 20, 1983 Page 5 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 $1000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). EMS /na By the Commission, aul J. /$mith Chairm