Loading...
HomeMy WebLinkAbout274 PerryMr. Sam L. Perry RD #3, Box 161A Dallas,PA 18612 RE: No 83 -133 -C Dear Mr. Perry: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION January 10, 1984 Order No. 274 The State Ethics Commission has received a complaint regarding you and a possible violation of the Ethics Act (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, as an announced write -in candidate, failed to file a Statement of Financial Interest with the State Ethics Commission and the governing authority of the political subdivision (Franklin Township) within 15 days of declaring your candidacy or within half the time between declaration of candidacy and the election, if that period is less than 15 days. A. Findings: 1. You were an announced write -in candidate for Township Auditor in Franklin Township in Luzerne County for the 1983 primary election. 2. As a candidate you are subject to the Ethics Act. 3. An announcement of your candidacy appeared in The Sunday Independent Newspaper on May 15, 1983, Section 4, (2 days before the primary election). You stated that someone called you Saturday night (May 14, 1983 - which is the night before the ad appeared in the newspaper). (a) You gave your permission to have your name placed in the "write -in" candidacy status. You stated that you were unaware of the advertisement that was placed in the newspaper the next day, May 15th. (b) You stated that you were not aware of the regulation pertaining to the procedure for filing a Financial Interest Statement as an announced write -in candidate. 4. The State Ethics Commission received your Statement of Financial Interest on August 28, 1983; the postmark was August 27, 1983. Mr. Sam L. Perry Page 2 January 10, 1984 5. You filed your Statement of Financial Interest on August 28, 1983, with Franklin Township, postmarked August 27, 1983. 6. You received enough votes to secure the nomination at the May, 1983 primary, as verified by the Luzerne County Board of Elections. 7. On August 29, 1983, you filed your loyalty oath with the Luzerne County Board of Elections accepting the nomination; and, therefore, your name appeared on the November 8, 1983 municipal election ballot for the selection process. 8. You won the November 8, 1983 municipal election as verified by the Luzerne County Board of Elections. B. Discussion: Section 4. Statement of financial interests required 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(c) of the Commission Regulations states: (c) 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. 51 Pa. Code 4.2(c). Mr. Sam L. Perry January 10, 1984 Page 3 We note that you hold no other public position according to your filed Financial Interest Statement. Additionally, we note your filing circumstances are unique in that you agreed to be a public office candidate 2 days before the primary. Even if you filed your Financial Interest Statement the next day (May 16, 1983), it would have been only one day before the election and hardly ample time for the public to inspect your Financial Interest Statement before casting their ballot. While it is clear that the regulations require filing of a Financial Interest Statement within 15 days or within half the time between the candidacy and the election, a 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 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 public official or the public employee in an attempt to conceal or realize personal, financial gain or some other special advantage in being a candidate for office. You violated the Ethics Act by not filing on May 16, 1983. While filing one day before the primary would have been very short notice, it would have met your filing requirements and made a review of your Statement of Financial Interests possible. Your Statement of Financial Interests was filed with the Commission on August 28, 1983, and with the Township of Franklin on August 27, 1983. This allowed ample time for the public to inspect your statement through the date of the November 8, 1983 municipal election. We believe the principles in the Court decision apply to your situation because we found no intent to deceive or conceal information from the public. C. Conclusion: Although, you technically violated Section 4.2(c) 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 November 8, 1983 municipal election. The Commission will take no further action on this matter. Mr. Sam L. Perry January 10, 1984 Page 4 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 /rdp By the Commission, Paul J. Chairman 4 ith