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