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