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HomeMy WebLinkAbout342 HeldMr. Ronald E. Held, Sr. Kiski Township Supervisor 1210 Old State Road Apollo, PA 15613 Re: No. 84 -134 -C Dear Mr. Held: 2. You filed your Statement of Financia June 5, 1984 with the Kiski Township Sec filing to the State Ethics Commission. 3. As a candidate for Township Supervis Interests with the State Ethics Commissi 1982, STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION September 28, 1984 Order No. 342 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 Supervisor of Kiski Township a violated Section 4(a) of the Ethics Act, 65 P.S. 404(a), ), and Section 4.4(b) of Commission regulations which require the filing of a Statement of Financial Interests by May 1st of each year when you filed your Statement for 1983 on June 11, 1984. A. Findings: 1. You were a candidate for Supervisor of Kiski Township in 1983 and have served as a Supervisor since January 1984. 1 Interests for calendar year 1983 on retary, who forwarded a copy of this This copy was received July 30, 1984. or, you filed a Statement of Financial on on March 7, 1983 for calendar year 4. You state that you were not are that you had to file a Statement annually in the Township offices but as soon as you received our letter of July 12, 1984 informing you that we were investigating your failure to file, you prepared and filed your Statement. Ronald E. Held, Sr. September 28, 1984 Page 2 B. Di scusson : Section 4(a) of the Ethics Act states: Statement of financial interests required to be filed. (a) Each public employee employed by the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency or bureau in which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. 65 P.S. 404(a) . Section 4.4(b) of the State Ethics Commission regulations states: §4.4. Incumbent and former public officials. (b) Incumbent public officials in governmental bodies other than those specified in subsection (a) who are not candidates shall file their Statement of Financial Interests only with their governmental body. 51 Pa. Code 4.4(b). The Commission has previously ruled that the requirements of Section 4(a) apply to public officials. See Carter, 79 -066. The Courts have affirmed this concept in Kremer v. State Ethics Commission, 469 A.2d 593 (1983), reported below at 56 Pa. Cmwlth. 160, 424 A.2d 968 (1981). Your failure to file a Statement of Financial Interests by May 1, 1984 for calendar year 1983 violated Section 4(a) of the Act and possible penalties for violating Section 4 are contained in Section 4(d) and 9(b) of the Act which respectively state: Section 4. Statement of financial interests required to be filed. (d) No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). Ronald E. Held, Sr. Page 3 HBC /jc September 28, 1984 Section 9. Penalties. (b) Any person who violates the provisions of section 3(c) through (h) or section 4 is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year, or be both fined and imprisoned. 65 P. S. 409(b) However, the Commission has consistently ruled that our primary objective is to have public officials' and public employees' Statements of Financial Interests available to the public and the application of the penalties in the law would be reserved for cases where the official or employee willfully ignored the filing requirements. In your case, there is no evidence that you intended to ignore the filing requirements of the Act and you did file as soon as you were notified of these requirements. Under these circumstances, we will take no further action. C. Conclusion: You violated Section 4(a) of the State Ethics Act and Section 4.4(b) of the State Ethics Commission regulations by not filing your Statement of Financial Interests for calendar year 1983 by May 1, 1984 but you filed as soon as you were notified of your obligations and we find no intent to violate the Act and, therefore, will take no further action. 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, discussirg 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).