HomeMy WebLinkAbout237 MulrooneyMr. Patrick R. Mulrooney
313 Woodland Avenue
Glenolden, PA 19036
Re: #83 -49 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
September 20, 1983
ORDER OF THE COMMISSION
Order No. 237
Dear Mr. Mulrooney:
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:
1. That you, a candidate for Glenolden Borough Council, filed your Financial
Interest Statement on March 9, 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), which require that Financial Interest
Statements must be filed prior to filing nomination petitions.
A. Findings:
1. You were a candidate for the Glenolden Borough Council in the 1983 Primary
Election.
2. As a candidate, you are subject to the Ethics Act.
3. You filed your nomination petitions on March 8, 1983, at the Delaware
County Court House.
4. The State Ethics Commission received your Financial Interest Statement on
March 8, 1983.
5. Your Financial Interest Statement was received on March 9, 1983, in the
offices of the Borouh of Glenolden.
6. There was no evidence that in filing you Financial Interest Statement with
the Borough after filing your nomination petitions you intended to conceal
information or deceive the public.
Mr. Patrick R. Mulrooney
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. 403(e)(2).
Section 4.2(b , of the State Ethics Commission regulations state:
Each candidate for oca 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).
The original of your Financial Interest Statement was received in the
State Ethics Commission office on March 8, 1983, the same day you filed your
nomination petitions and this filing meets the requirements of the Ethics Act.
However, the March 9, filing at the Glenolden Borough office was one day after
filing your nomination petitions and is a violation of the filing requirements
of the Ethics Act.
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 Superme 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
Mr. Patrick R. Mulrooney
September 20, 1983
Page 3
official or the public employee in an attempt to conceal information or
deceive the public.
The Commission found no evidence that this late filing was willful or
intended to conceal information or deceive the public. In addition, your
Financial Interest Statement was available for public inspection during the
selection process.
C. Conclusion: Although, you technically violated Section 4(e)(2) of the
State Ethics Act and Section 4.2(b) of the State Ethics Commission regulations
your Financial Interest Statements were available at the State Ethics
Commission and the offices of the Glenolden Borough in sufficient time for the
public to exercise its right to review this information during the selection
process for 1983 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 /na
By the Commission,
aul J.
Chairman
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