HomeMy WebLinkAbout269 BreckenridgeMrs. I. Laverne Breckenridge
Box 42, R.D. #3
Rockwood, PA 15557
Re: 83 -91 -C
Dear Ms. Breckenridge:
A. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
December 21, 1983
Order No. 269
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 School Director in the Rockwood Area
School District, Summerset County, you failed to file a Financial Interest
Statement as required by the Ethics Act and the State Ethics Commission
regulations. 51 Pa. Code 2(b).
1. You were a candidate for school director in the Rockwood Area School
District for the 1983 Primary Election.
2. As a candidate, you are subject to the Ethics Act.
3. You filed your nomination petitions on March 8, 1983, at the Somerset
County Board of Elections office.
4. Your Financial Interest Statement was received in the State Ethics
Commission office on February 28, 1983.
5. You filed a copy of your Financial Interest Statement with the Rockwood
Area School District on June 20, 1983.
Mrs. I. Laverne Breckenridge
December 21, 1983
Page 2
B. Discussion:
Section 4. Statement of financial interests to be filed.
(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).
(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. 404(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).
The original Financial Interest Statement filed February 28, 1983, with
the State Ethics Commission met the requirements of the Ethics Act. However,
the filing of your Financial Interest Statement at the Rockwood Area School
District on June 20, 1983, violated State Ethics Commission regulations which
require filing a copy of the Financial Interest Statement with the
governmental body in which you are a candidate prior to 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
Mrs. I. Laverne Breckenridge
December 21, 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 an attempt to conceal information or deceive
the public.
Your Financial Interest Statement was not available in the Rockwood Area
School District during the 1983 Primary Election selection process. The
public's right to review this information was impaired and the reasonable
application of the filing requirements envisioned in the Court decision does
not apply to your circumstances.
Despite your failure to file a Statement of Financial Interests with the
Rockwood Area School District during the selection process, we believe that it
would be unreasonable to assume that you would have filed a timely statement
with the State Ethics Commission if you intended to conceal information or
deceive the public. Although you did not meet your obligations as a candidate
we will take no action other than making this order public to insure that the
voters in your school district have this information for their decision in the
general election.
C. Conclusion: Because we found no evidence that your late local filing of
your Financial Interest Statement was willful, we 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.
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).
EMS /na
By the Commission,
aul J. /Smith
Chairm