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HomeMy WebLinkAbout301 LairdMr. Donald C. Laird Donald C. Laird Professional Service 4131 Beech Avenue Erie, Pennsylvania 16508 RE: File No. 83 -140 Dear Mr. Laird: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 18, 1984 Order No. 301 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 those conclusions are based are as follows: I. Allegation: That you, a former member of the Erie County Assessment Review Board, are in violation of Section 3(e) of the Ethics Act, 65 P.S. 403(e), because you have represented persons before the Erie County Assessment Review Board within one -year of leaving the Board. A. Findings: 1. You served as a member of the Erie County Assessment Review Board from 1981 until your resignation on January 10, 1983. 2. The Erie County Assessment Review Board is a Board formed by the Erie County Commissioners under their authority in the Third -Class County Code. 3. Members of the Board are authorized to be compensated $50 per meeting. 4., The functions and responsibilities of the Assessment Review Board were approved by the Erie County Council on April 11, 1978 and include: a. Establishing procedures for hearing and adjudicating all appeals form county and city real property tax assessments and other rulings made by the Bureau of Assessment. Mr. Donald C. Laird April 18, 1984 Page 2 b. Approving the change of any assessment of real property of any owner including, but not limited to, changes due to making improvements, removal of improvements, and changes in market value. Specific property -by- property approval by the Board is not necessary when and if county -wide assessment changes are being made, provided that the factors leading to said changes are uniformly applied. c. Approving the hiring or dismissal by the Administration of the Director of Assessment and Assistant Director of Assessment. d. Convening whenever necessary to properly and orderly hear appeals from tax assessments and other rulings made by the Bureau of Assessment. e. Specifically, but not by way of limitation, providing the procedures for hearing and ruling on appeals of, real property tax assessments, exemption applications, exclusion applications, and such other functions as the Bureau of Assessment shall have under applicable law. 5, You are a public official and subject to the Ethics Act. 6. After resigning from the Assessment Review Board, you formed the Donald C. Laird Appraisal Service to represent property owners on tax assessment appeals. a. This appraisal service reviews the assessed valuation of a client's property and files appeals of assessment before the Erie County Assessment Review Board. b. The fees of your appraisal service amount to 50% of the first year tax saving. 7. You represented 52 property owners before the Erie County Assessment Review Board on August 22, 24, and 26, 1983. a. One of the appeals on August 26, 1983, was for three properties owned by you and your wife. b. In other appeals, you represented persons other than yourself or your immediate family. 8. during 1983, your service represented persons in 55 other appeals before the Assessment Review Board. You did not personally appear in these cases. Mr. Donald C. Laird April 18, 1984 Page 3 9. You were scheduled to represent other property owners before the Review Board on October 12, 27, and 31, 1983, but cancelled these appearances after we notified you of our investigation. 10. You were not aware that the Ethics Act applied to you as a member of the Erie County Assessment Review Board. a. Neither you nor other members of the Board were ever informed by the County solicitor that the Act applied. b. Neither you nor other members of the Board ever filed a Statement of Financial Interests under the Ethics Act. B. Discussion: Section 3(e) of the Ethics Act states that: Section 3. Restricted activities. (e) No former official or public employee shall represent a person, with or without compensation, on any matter before the governmental body with which he has been associated for one year after he leaves that body. 65 P.S. 403(e). The "governmental body" with which you were "associated" was the Assessment Review Board. You represented persons before this board within one -year of your leaving that body. While you violated Section 3(e) of the Ethics Act by your representation, there is no evidence that you were aware that the law applied to you and, therefore, no reason to conclude that you intended to violate the Ethics Act. In addition, you stopped representing persons as soon as you received notice of our investigation and the possible application of the Ethics Act. While we find a violation, we will not refer this matter to the appropriate enforcement official for review because we believe there was no intent to violate the Act. C. Conclusion: You violated Section 3(e) of the Ethics Act but we find that you did not intentionally violate the Act and we 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 (defined as mailing) 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. Mr. Donald C. Laird 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, f � �L2LVl it 21 * /Paul J. meth Chairman April 18, 1984