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HomeMy WebLinkAbout283 BarrMr. Jackie L. Barr 33 W. Pottsville Street Pine Grove, PA 17963 RE: No. 83 -162 -C Dear Mr. Barr: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION March 19, 1984 Order No. 283 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 a candidate for Mayor in the Borough of Pine Grove in Schuylkill County; you failed to file your Statement of Financial Interests as required by law, Act 170 -1978, in that said filing was late or otherwise not in conformity with the requirements of the Ethics Act, 65 P.S. 404(b) & (c) and regulations of the State Ethics Commission, 51 Pa. Code 4.2(b). A. Findings: 1. You were a substitute for Borough Mayor in Pine Grove Borough, Schuylkill County, for the November 8, 1983 Municipal Election. 2. As a candidate for public office you are subject to the Ethics Act. 3., A nomination certificate was filed by your political party on September 13, 1983, nominating you as a substitute candidate to fill a 2 -year term as Pine Grove Borough Mayor. 4. The State Ethics Commission received your Statement of Financial Interests on September 30, 1983, regarding this candidacy. You signed and dated this form August 10, 1983. 5. You filed your Statement of Financial Interests as Mayoral candidate on October 27, 1983, with the Pine Grove Borough as verfied by officials in Pine Grove Borough. 6. You subsequently lost the November 8, 1983, Municipal Election. Mr. Jackie L. Barr March 19, 1984 Page 2 7. You filed another Statement of Financial Interests sometime in 1983, with the Borough Secretary's office, but they have no record indicating the date they received it. This Statement of Financial Interests is not dated. a. This disclosure (pertaining to item 7 above) was filed by you as a former Borough Councilman. b. You resigned as Borough Councilman on December 3, 1982, as verified by Pine Grove Borough Officials. 8. As a former Borough Councilman, you should have filed a Statement of Financial Interests with the Pine Grove Borough no later than May 1, 1983. We are not able to determine whether this filing took place before May 1 because the former Borough secretary did not stamp the date of receipt on the Statement of Financial Interests. B. Discussion: The Ethics Act requires that: 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 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 states: (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). Mr. Jackie L. Barr March 19, 1984 Page 3 Section 4.2(e) of the State Ethics Commission regulations states: (e) A nomination petition, certificate or paper to appear on the ballot shall not be accepted by an election official unless it includes an affidavit that the candidate has filed the required Statement of Financial Interests with the Commission. 51 Pa. Code 4.2(e). Your Statement of Financial Interests as a Mayoral substitute candidate was filed with the State Ethics Commission on September 30, 1983, and your nomination certificate was filed with the Schuylkill County Board of Elections on September 19, 1983. Your candidate's Statement of Financial Interests was not filed with the Pine Grove Borough until October 27, 1983, as verified by officials in that Borough. While it is clear that both the law and the regulations require filing of a Statement of Financial Interests prior to filing a nominating certificate, 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 Statement of Financial Interests up through the primary election were removed from the general election ballot. See also State Ethics Commission v. Baldwin, Pa. , 445 A.wd 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 Statement of Financial Interests 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 it was filed late, your candidate's Statement of Financial Interests was available in the Borough Office approximately twelve days before the election and the Statement of Financial Interests filed as a former Borough Councilman was available sometime before that. These statements were available during the selection process and are in keeping with the concepts of the Court decision. C. Conclusion: Although you technically violated Section 4.2(e) of the State Ethics Commission regulations, the Statement of Financial Interests 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. Jackie L. Barr March 19, 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). By the Commission, ,/*-- � 1ic�X :Paul J. mith Chairman EMS /rdp