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