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HomeMy WebLinkAbout239 RothermelMr. Earl R. Rothermel R.D. 2, Box 806 Reading, PA 19605 RE: 83 -85 -C Dear Mr. Rothermel: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 September 20, 1983 ORDER OF THE COMMISSION Order No. 239 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 in Maidencreek Township, Berks 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. A. Findings: 1. You were a candidate for Township Auditor in Maidencreek Township, Berks County, Pennsylvania for the 1983 primary election. 2. As a candidate, you are subject to the requirements of the Ethics Act. 3. You filed your nomination petitions at the Berks County Courthouse on February 28, 1983. 4. You filed a copy of your Financial Interest Statement with the Maidencreek Township office and it was postmarked April 13, 1983. 5. There is no evidence that this late filing at the Maidencreek Township office was willful or intended to conceal information or deceive the public. 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 ha$ filed the required statement of financial interests with the commission. 65 P.S. 404(b). Mr. Earl R. Rothermel September 20, 1983 Page 2 (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 states: (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). You violated the Ethics Act and State Ethics Commission regulations by filing your Statement of Financial Interests with Maidencreek Township after you had filed your nomination petitions. 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 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 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 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. In keeping with the concepts of the Court decision and Commission past practices, we will take no further action because we found no evidence that your late filing was willful or intended to conceal information or deceive the public and your financial interests information was available to the public during the selection process. C. Conclusion: Although you technically violated Section 4(b) and 4(e)(2) 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. Mr. Earl R. Rothermel August 20, 1983 Page 3 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, 44-4 Paul J. ith Chairman