HomeMy WebLinkAbout343 WilmontMr. Jack E. Wilmont,
331 Gl on etta Road
Apollo, PA 15613
Re: No. 84 -135 -C
Dear Mr. Wilmont:
7
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
September 28, 1984
Order No. 343
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, 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.
2. You filed your Statement of Financial Interests for calendar year 1983 on
July 25, 1984 with the Kiski Township Secretary, who forwarded a copy of this
filing to the State Ethics Commission.
3. As a candidate for Township Supervisor, you filed a Statement of Financial
Interests with the State Ethics Commission on March 7, 1983 for calendar year
1982.
4. You state that you were not aware tha
annually in the Township offices but as s
July 12, 1984 informing you that we were
you prepared and filed your Statement.
t you had to file a Statement
oon as you received our letter of
investigating your failure to file,
Jack E. Wi lmont , Jr.
Page 2
September 28, 1984
B. Discusson: Section 4(a of the Ethics Act states:
(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) 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).
Jack E. Wi lmont , Jr. September 28, 1984
Page 3
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' Statement 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 wilfully
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 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 Traer, 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).
HBC/ j c