HomeMy WebLinkAbout329 MurrayMr. William Murray
RD #3, Box 130
Wyoming, PA 18644
RE: No. 83 -151 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF COMMISSION
September 6, 1984
Order No. 329
Dear Mr. Murray:
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 you, as an announced write -in candidate, failed to file
a Statement of Financial Interest with the State Ethics Commission and the
governing authority of the political subdivision (Franklin Township) within 15
days of declaring your candidacy or within half the time between declaration
of candidacy and the election, if that period is less than 15 days.
A. Findings:
1. You were an announced -write-in candidate for Township Auditor in
Franklin Township in Luzerne County for the 1983 primary election.
2. As a candidate you are subject to the Ethics Act.
3. An announcement of your candidacy appeared in The Sunday Independent
Newspaper on May 15, 1983, Section 4, (2 days before the primary election).
4. The State Ethics Commission received your Statement of Financial
Interest on September 2, 1983; the postmark was September 1, 1983.
5. You filed your Statement of Financial Interest on September 2, 1983
with Franklin Township.
6. You received enough votes to secure the nomination at the May, 1983
primary, as verified by the Luzerne County Board of Elections.
7. On August 25, 1983, you filed your loyalty oath with the Luzerne
County Board of Elections accepting the nomination; and, therefore, your name
appeared on the November 8, 1983 municipal election ballot for the selection
process.
Mr. William Murray September 6, 1984
Page 2
8. You won the November 8, 1983 municipal election as verified by the
Luzerne County Board of Elections.
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 he
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 time between the declaration of
candidacy or and the election, if that period is less than
15 days. 51 Pa. Code 4.2(c).
We note that you hold no other public position according to your filed
Statement of Financial Interests. Additionally, we note your filing
circumstances are unique in that you agreed to be a public office candidate
two days before the primary. Even if you filed your Statement of Financial
Interests the next day (May 16, 1983), it would have been only one day before
the election and hardly ample time for the public to inspect your Statement of
Financial Interests before casting their ballot.
While it is clear that the regulations require filing of a Statement of
Financial Interests within 15 days or within half the time between the
candidacy and the election, 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.
1982 where candidates failing to file a Statement of Financial Interests up
Mr. W i l l i a m Murray September 6, 1984
Page 3
through the primary election were removed from the genral 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 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.
You violated the Ethics Act by not filing on May 16, 1983. While filing
one day before the primary would have been very short notice, it would have
met your filing requirements and made a review of your Statement of Financial
Interests.
Your Statement of Financial Interests was filed with the Commission on
September 2, 1983, and with the Township of Franklin on September 2, 1983.
This allowed ample time for the public to inspect your statement through the
date of the November 8, 1983 municipal election.
We believe the principles in the Court decision aply to your situation
because we found no intent to deceive or conceal information from the public.
C. Conclusion: Although, you tehcnically violated Section 4.2(c) 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, 198? 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 (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 Uraer, 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).
EMS /rdp
y the C'mmiss
He •e B. Conner
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