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HomeMy WebLinkAbout350 BalleineMr. Charles E. Balleine Tioga County Planning Director 29 Water Street Wellsboro, PA 16901 Re: No. 83 -29 -C Dear Mr. Balleine: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 28, 1984 Order No. 350 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, the Planning Director for Tioga County, failed to report the ioga County Sanitation Committee as a source of income and improperly reported that committee as a source of income for your wife on your Financial Interest Statement and that this is a violation of Section 5(b)(5) of the Ethics Act, 65 P.S. 405(b)(5). A. Findings: 1. You have been employed as the Tioga County Planning Director since July 1, 1981 and as such are a public employee subject to the State Ethics Act. 2. As Planning Director, you work closely with the Tioga County Sanitation Committee (TCSC). a. This committee consists of 37 municipalities in Tioga County. b. This committee is administered by a five - member board and is responsible for keeping sanitation systems within the county up -to -date. 3. You and your wife have been employed by TCSC at various times. a. In 1980 and until January, 1981, you were employed by them. You left their employment shortly after becoming the County Planning Director. b. When you left TCSC, you recommended your wife for the position you had held and she was hired. Charles E. Balleine November 28, 1984 Page 2 c. You state your wife was hired with the approval of the 37 municipalities and the Tioga County Planning Commission and was employed from January 21, 1981 until March, 1983. d. You continued to assist her with some of the TCSC work after she became employed by them, but you received no payment from TCSC during this period. e. You and your wife were paid a percentage of the charges for permits issued and each of you earned about $1,400 during each year of your respective employment. f. As of May 1, 1984, you have been re- employed by TCSC because the administrator became ill. You expect to earn $1,200 to $1,400 in your first year of re- employment. 4. The Statements of Financial Interests you filed at the County show the following: a. On the form filed for calendar year 1981 and dated January 7, 1982, you list your occupation as Planning Director and your wife's occupation as teacher. The only source of income listed is the County of Tioga. b. On the Statement for calendar year 1982, dated January 18, 1983, you provide the same information as you did for calendar year 1981. c. On February 21, 1983, you filed an amended Statement for calendar year 1982. The only change on this form showed your wife's occupation as teacher and consultant to TCSC. The only source of income listed was the County of Tioga. d. On your Statement filed for calendar year 1983, dated January 13, 1984, you showed only your occupation as Planning Director and the County of Tioga as the only source of income. B. Discussion: Section 5(b)(5) of the Ethics Act requires: Section 5. Statement of financial interests. (b) The name and address of any person who is the direct or indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. 65 P.S. 405(b)(5). You were required to and did file a Statement of Financial Interests for calendar year 1981 by May 1, 1982. Your wife worked a full year in 1981 for TCSC and you stated that she earned about $1,400 but TCSC is not listed as a Charles E . Ba l l ei ne November 28, 1984 Page 3 source of income on this Statement. In addition, you listed your wife's occupation as teacher but did not list the source of income for her teaching position. The same conditions existed in 1982 and you again failed to list your wife's sources of income. On January 9, 1984 the Pennsylvania State Supreme Court ruled that public officials and public employees were not required to disclose the financial interests of their spouse or minor dependent children. See Denoncourt v. State Ethics Commission Pa. , 470 A.2d 945 (1984). However, this requirement was in force for calendar years 1981 and 1982 and you should have reported the sources of your wife's income of $500 or more. You violated Section 5(b)(5) of the Ethics Act by failing to report your wife's sources of income of $500 or more for calendar years 1981 and 1982. While it is difficult to believe that a person holding a position as responsible as the one you hold would not be are of the filing requirements, we find no evidence that you intentionally failed to list these sources of income of your wife and will take no further action because this Order and findings establish and reveal the sources of income of your wife of $500 or more during 1981 and 1982. C. Conclusion: You violated Section 5(b)(5) of the Ethics Act by failing to list sources of your wife's income of $500 or more for calendar years 1982 and 1983 but we will take no further action for the reasons outlined above. 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. 409(e). HBC /na By t immissio Herb: Conner Cha- rman