HomeMy WebLinkAbout241 ZimmermanMr. Richard T. Zimmerman
Box 250 A -1, Star Route
White Haven, PA 18661
RE: #83 -94 -C
Dear Mr. Zimmerman:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
September 20, 1983
ORDER OF THE COMMISSION
Order No. 241
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, an announced write -in candidate for Council in Penn
Lake Park Borough, did not file a Statement of Financial Interest with the
State Ethics Commission and this is a violation of Section 4(e)(2) of the
Ethics Act and Section 4.2(c) of the State Ethics Commission Regulations.
A. Findings:
1. You were a candidate for Council in Penn Lake Park Borough for the 1983
primary election.
2. As a candidate, you are subject to the State Ethics Act.
3. As an announced write -in candidate, you were not required to nor did you
file nomination petitions.
4. You did not receive the nomination at the primary election.
5. On June 24, 1983, the Commission received a copy of the Statement of
Financial Interest which you had filed in Penn Lake Park Borough offices.
This statement was dated March 8, 1983.
6. On July 21, 1983, the Commission received another Statement of Financial
Interest. This one was dated May 19, 1983.
Mr. Richard T. Zimmerman
September 20, 1983
Page 2
B. Discussion:
Section 4(e)(2) of the Ethics Act states:
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(c) of the State Ethics Commission Regulations states:
Announced write -in candidates must file a Statement
of Financial Interests with the Commission and a copy
with the governing authority of that political
subdivision for which he is a candidate within 15
days of declaring their candidacy or within half the
time between the declaration of candidacy or and the
election, if that period is less than 15 days.
According to State Ethics Commission Regulations your Statement of
Financial Interests should have been filed with the Commission by May 31,
1983. Your earliest statement was received on June 24, 1983 and did not meet
the filing requirements in the State Ethics Commission Regulations. In
addition, the information was not available at the State Ethics Commission
offices during the selection process. However, a statement was filed at the
Borough offices and available to the public for their use during the selection
process. Because this information was available at the Borough offices and
you were not nominated at the primary election, the Commission will take no
further action.
C. Conclusion:
You violated Section 4(e)(2) of the Ethics Act and Section 4.2(c) of the
State Ethics Commission Regulations. However, because a copy of the Statement
of Financial Interests was available in the Borough offices and you did not
get the nomination in the 1983 primary election, 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
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.
Mr. Richard T. Zimmerman
September 20, 1983
Page 3
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 /al f
By the Commission,
Paul J.
Chairma