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HomeMy WebLinkAbout304 HokeMr. Jacob E. Hoke R. D. 2, Box 233 A Windber, PA 15963 Re: No. 83 -15 -C Dear Mr. Hoke: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION August 3, 1984 Order No. 304 a. Holiday Loan Agency, Beaverdale, Pennsylvania. b. Maurice Fruhlinger. Include letter to Hoak dated Aug. 16, 1984 when copying Order. 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: 1. Allegation: That you, as a candidate in the primary election for the office of Supervisor of Adams Township, Cambria County, in 1981, failed to disclose creditors to whom you owed $5,000 or more and that this is a violation of Section 5(b)(4) of the Ethics Act. A. Findings: 1. You were a candidate in the 1981 primary election and subject to the requirements of the Ethics Act. 2. The State Ethics Commission received your Financial Interest Statement on March 9, 1981. 3. On the line which requires reporting of creditors over $5,000, the word "None" was typed. 4. During calendar year 1980, you had the following personal debts and creditors to whom you owed more than $5,000. Jacob E. Hoke Page 2 August 3, 1984 c. Records of Cambria County Clerk of Courts record Demand Note #3963 of 1976 filed by the Fruhlingers on July 14, 1975. d. Neither of these debts represented mortgages on your principal residence or loans between members of your immediate family. 5. For your candidacy in 1983, you filed a Statement that you would not receive or expend more than $250. 6. There is no evidence that your failure to report these loans was related to your candidacy. B. Discussion: Section 5 (b) (4) of the Ethics Act (170 of 1978) requires reporting: Section 5. Statement of financial interests. (5)(b)(4) The name and address of each creditor to whom is owed in excess of $5,000 and the interest rate thereon. However, loans or credit extended between members of the immediate family and mortgages securing real property which is the principal residence of the person filing or of his spouse shall not be included. 65 P.S. 405(b)(4). The Commission has determined that persons required to file Statements of Financial Interests under Act 170 must report debts for which they were personally liable. See Pearlman, No. 164. These debts were personal debts owed to the Holiday Loan Agency and Maurice Fruhlinger and these debts did not represent a mortgage on your principal residence or loans between members of your immediate family. Section 5(b)(4) requires listing of creditors owed more than $5,000 and specifying the interest rate on each debt. You violated Section 5(b)(4) by not listing these creditors. Penalties for violating Section 5(b)(4) are those contained in the laws of the Commonwealth relating to perjury. However, we found no evidence that you intended to violate the Ethics Act or, that these omissions allowed you to use your candidacy for financial gain or to the benefit of your candidacy. See O'Connor, No. 200. Because of these circumstances, we will take no further action. Jacob E. Hoke Page 3 C. Conclusion: You violated Section 5(b)(4) of the Ethics Act. However, because you had no intention to violate the Ethics Act and did not receive financial gain or benefit your candidacy through your failure to report, we will take no further action if you amend your Financial Interest Statement within 15 days of this Order. 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. 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. 409e). HBC /jc By th Herb Chairman August 3, 1984 Mr. Jacob E. Hoke R. D. 2, Box 233 A Windber, PA 15963 Re: No. 83 -15 -C - Order No. 304 Dear Mr. Hoke: EMS /jc cc: Secretary., Adams Township STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 August 16, 1984 We received your amended Statement of Financial Interest on August 15, 1984. This fulfills the requirements of the State Ethics Commission Order No. 304 issued to you August 3, 1984. This letter will be made a part of the Order as a public record. Sincerely, Edward M. Seladones Executive Director