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Home My WebLink About238 EskieMr. Charles J. Eskie c/o Dick Sheehan, Esquire 1020 South Park Avenue Audubon, PA 19403 RE: 83 -39 -C Dear Mr. Eskie: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 September 20, 1983 ORDER OF THE COMMISSION Order No. 238 Note: EMS letter dated 9/21/83 to Mr. Eskie is a part of this Order (0238) 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 as a candidate for office in Lower Providence Township, you filed a Financial Interest Statement which failed to comply with Sections 5(a) and (b)(5) of the Ethics Act in that you failed to list your wife's source of income. A. Findings: 1. You were a candidate for Township Supervisor in Lower Providence Township, Montgomery County, for the 1983 primary election. 2. As a candidate, you are subject to the Ethics Act. 3. Your Financial Interest Statement filed with the State Ethics Commission and Lower Providence Township lists your spouse as Kathleen Eskie, Associate Broker. 4. Your Financial Interest Statement filed with the State Ethics Commission and Lower Providence Township lists Philadelphia Electric Company, 2301 Market Street, Philadelphia, Pennsylvania, in Block 15 as the only source of income. 5. Your Attorney, Dick Sheehan, on April 25, confirmed that 1) the Financial Interest Statement should be amended in Block 15; 2) spouse's income exceeded $500 from that source in 1982. There is no evidence that this omission was willful or intended to conceal information or deceive the public. Mr. Charles J. Eskie September 20, 1983 Page 2 B. Discussion: Section 5(a) of the Ethics Act states: (a) The statement of financial interests filed pursuant to this act shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the person required to file the statement. 65 P.S. 405(a). . 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). Your attorney agreed that the income of your wife exceeded $500 and the source of that income should be listed. While this omission is a violation of Section 5(b)(5) of the Ethics Act, there is no evidence that it was a willful omission and the Commission has consistently allowed corrections in these kinds of circumstances. C. Conclusion: Although you technically violated Sections 5(a) and (b)(5)of the Ethics Act 170 -1978 by not disclosing your spouse's source of income, there is no evidence that this omission was intentional. You must amend your Financial Interest Statement by adding the name and address of your wife's source of income. If this amendment is submitted to the State Ethics Commission and Lower Providence Township within 15 days of the date of this order, we will take no further action. II. Allegation: That you, a candidate for Township Supervisor in Lower Providence Township, Montgomery County, failed to file a Financial Interest Statement as required by the Ethics Act and this is a violation of Section 4 of that Act. Mr. Charles J. Eskie August 20, 1983 Page 3 A. Findings: 6. You were a candidate for Township Supervisor in Lower Providence Township, Montgomery County for the 1983 Primary Election. 7. As a candidate, you are subject to the Ethics Act. 8. You filed your nomination petitions at the Montgomery County Courthouse on March 8, 1983. 9. Your Financial Interest Statement was received by the State Ethics Commission on March 11, 1983, postmarked March 8, 1983. 10. Your Financial Interest Statement was received by the Lower Providence Township office March 8, 1983. 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: ny can.i.a e or oca o ice s a 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). The State Ethics Commission regulations pertaining to filing of Statements of Financial Interest state: (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). Mr. Charles J. Eskie August 20, 1983 Page 4 Further, 4.6 of the State Ethics Commission regulations state that a postmark is conclusive evidence of the date of filing. Although your Financial Interest Statement was not received by the State Ethics Commission until March 11, 1983, it was postmarked March 8, 1983. Our regulations allow acceptance of the postmark and your Financial Interest Statement was filed at the same time as your nomination petitions and therefore not a violation of the Ethics Act. A copy of your Financial Interest Statement was filed with Lower Providence Township on March 8, 1983, and also met the filing requirements of the Ethics Act. C. Conclusion: You did not violate the Ethics Act'when you filed your Financial rnterest Statement with the State Ethics Commission on March 11, 1983, with a March 8, 1983 postmark, and a copy of that Statement with Lower Providence Township on March 8, 1983, the same day you filed your nomination petitions at the Montgomery County Court House. 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). RED /rdp Sincerely, Lei Paul J ith Chaim Mailing address. STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE (717) 783 -1610 September 21, 1983 Mr. Charles J. Eskie 5/10 Highgate Road Fairview Village, PA 19403 Re: Order No. 238, File No. 83 -39 -C Dear Mr. Eskie: This letter will acknowledge receipt of your letter dated September 15, 1983 in which you amend the information for Line 15 of your Financial Interest Statement filed March 8, 1983. This information will be included with your Financial Interest Statement. You have now met the requirements of Section 5(a) and (b)(5) of the Ethics Act as required in Order & 238. You also sent Lower Providence Township a copy of your letter to the State Ethics Commission. A copy of this letter addressed to you will be included with the public Order No. 238 when it becomes public after the 15 -day period. EMS /jc cc: Richard J. Sheehan, Esa. Sincerely, p Edward M. Seladones ;xccutive Director State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania