HomeMy WebLinkAbout243 BerryMr. Donald A. Berry
R.D. #1
Lawrenceville, PA 16929
Re: #83 -83 -C
Dear Mr. Berry:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
September 20, 1983
ORDER OF THE COMMISSION
Order No. 243
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 as a candidate for the Office of Township Supervisor,
you filed your Financial Interest Statement with the Township approximately
one week after you filed nomination petitions with the County Board of
Elections and that this violates section 4(b) and (d) of the Ethics Act, 65
P.S. 404(b) and (d) and 51 Pa. Code 4.2(b).
A. Findings:
1. You were a candidate for Township Supervisor in Lawrenceville Township for
the 1983 Primary Election.
2. As a candidate, you are subject to the Ethics Act.
3. You filed your nomination petitions in the Tioga County Court House on
March 2, 1983.
4. The original of your Financial Interest Statement was received at the
State Ethics Commission offices on March 1, 1983.
5. A copy of your Financial Interest Statement was received in the
Lawrenceville Township office on March 7, 1983.
6. There is no evidence that in filing your Financial Interest Statement at
the Lawrenceville Township offices after filing your nomination petitions on
March 2, 1983, you intended to conceal information or decieve the public.
Mr. Donald A. Berry
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 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).
Your original Financial Interest Statement was filed with the State
Ethics Commission prior to the filing of your nomination petitions and did not
violate the State Ethics Act. However, you did violate the State Ethics Act
and Commission regulations when you filed the copy of your Financial Interest
Statement in the Lawrenceville Township office six days after filing 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 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
Mr. Donald A. Berry
September 20, 1983
Page 3
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
official or the public employee in an attempt to conceal information or
deceive the public.
In your case, there is no evidence that this late filing was intended to
conceal information or to 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(2)(b) of the
State Ethics Commission regulations, the Financial Interest Statements are now
available at the State Ethics Commission and the offices of your governmental
body and were available in sufficient time for the public to exercise its
right to review this information during the selection process of the 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,
au1 J. with
Chairm