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HomeMy WebLinkAbout275 NalevankoMs. Florence Nalevanko 218 Dix Drive North Versailles, PA 15137 RE: No. 83 -50 -C Dear Ms. Nalevanko: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION January 10, 1984 Order No. 275 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 as an announced write -in candidate for the office of Commissioner in the Third Ward of the Township of North Versailles, Allegheny County, you failed to file a Financial Interest Statement with the Township and the State Ethics Commission as required by the Ethics Act, 65 P.S. 404(b) and regulations of the State Ethics Commission, 51 Pa. Code 4.2(c). A. Findings: 1. You were an announced write -in candidate for Township Commissioner in North Versailles Township in Allegheny County for the May 17, 1983 primary election. 2. As a candidate you are subject to the Ethics Act. 3. (a) An announcement of your write-in candidacy was declared at the North Versailles Township Democratic Committee meeting held at the East Allegheny High School on March 11, 1983. (b) You telephoned the State Ethics Commission on April 8, 1983, and spoke to Ron Delbert, Administrative Officer of the State Ethics Commission, regarding the filing requirements for write -in candidates. Those requirements were explained to you. 4. The State Ethics Commission received your Statement of Financial Interest on June 20, 1983. 5. You filed your Statement of Financial Interest on April 8, 1983, with North Versailles Township. Ms. Florence Nalevanko January 10, 1984 Page 2 6. (a) You were defeated for the Democratic nomination as a North Versailles Township Commissioner from the Third Ward at the May 17, 1983 primary election. (b) You were nominated as the Republican candidate for North Versailles Township Commissioner from the Third Ward at the May 17, 1983 primary election by write -in vote. You were subsequently notified of this nomination by the Allegheny County Board of Elections sometime between May 19 and June 1, 1983. (c) Your name appeared on the November 8, 1983 municipal election ballot for the election. 7. On June 16, 1983, you filed your loyalty oath with the Allegheny County Board of Election accepting the nomination. 8. You did not win the November 8, 1983 election. 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). Ms. Florence Nalevanko January 10, 1984 Page 3 While it is clear that the regulations require filing of a Financial Interest Statement prior to announcing your write -in candidacy, 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. Although you did not file a Financial Interest Statement with the State Ethics Commission until June 20, 1983, you did file one on April 8, 1983 in the Township. Because of this filing, your statement was available 5 weeks before the primary election and we believe this meets the Court guidelines discussed above. 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. The Financial Interest Statement was available locally, 5 weeks prior to the primary election, and in sufficient time for the public to exercise its right to review this information during the selection process of the 1983 municipal 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. Ms. Florence Nalevanko January 10, 1984 Page 4 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, -- aul J. , ifiith Chairman