HomeMy WebLinkAbout250 SechlerMr. Paul R. Sechler
R.D. #1
Montoursville, PA 17754
RE: 83 -104 -C
Dear Mr. Sechler:
•
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
November 1, 1983
Order No. 250
The State Ethics Commission has received a compliant 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 Supervisor in Fairfield
Township, Lycoming 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 Supervisor in Fairfield Township,
Lycoming County, for the 1983 primary election and as such are subject to the
filing requirements of the Ethics Act.
2. You filed your nomination petitions at the Luzerne County Courthouse on
March 4, 1983.
3. Your Financial Interest Statement was received by the State Ethics
Commission on March 7, 1983.
4. A copy of your Financial Interest Statement was received in the Fairfield
Township offices during the last week of August, 1983.
a. On August 23, 1983, Mr. Brett 0. Feese, County Committeeperson
for Fairfidd Township and your Attorney, swore an affidavit that he had
mailed a copy of your Statement of Financial Interest to Fairfield
Township on or about March 24, 1983.
b. This affidavit was received in the State Ethics Commission
offices on August 31, 1983.
Mr. Paul R. Sechler
November 1, 1983
Page 2
c. He also swore that on or about March 4, 1983, he mailed the
yellow copy of your Financial Interest Statement to Ronald E. Sprangman,
Secretary of Fairfield Township.
5. You did receive the nomination for Township Supervisor at the 1983 primary
election and your name will appear on a 1983 general election ballot.
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).
In addition, Section 4(e)(2) states:
(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).
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).
Both the law and regulations require filing of a Financial Interest
Statement prior to filing nomination papers. Your Financial Interest
Statement was not available in Fairfield Township as required by law and the
voting public did not have the opportunity to review your Financial Interest
Statement during the candidate selection process. However, we found no
evidence to refute the sworn statement made by your Committeeperson and
Attorney and will accept that statement. While the lack of a Financial
Interest Statement for public inspection is a violation of the Ethics Act and
State Ethics Commission regulations, the circumstances, in this case, were
beyond your control and you had every reason to believe that your form was
properly filed.
Mr. Paul R. Sechier
November 1, 1983
Page 3
Conclusion: There was a technical violation of Act 170 because your form was
not available for the voting public during the selection process in the 1983
primary election but it is evident that you acted in good faith to meet the
filing requirements and had reason to believe that those requirements had been
met. In addition, the Financial Interest Statement is now on file and
available to the voting public when they make their decisions in the 1983
general 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 $1,000 or imprisoned
for not more than one year or both, see 65 P.S. 409(e).
PJS /rdp
Sincerely,
in4A
aul J. $ryiith
Chairman