HomeMy WebLinkAbout363 EmmonsMr. Van W. Emmons, Sr.
151 Stevenson Street
Westfield, PA 16950
Re: No. 83 -145 -C
Dear Mr. Emmons:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
March 12, 1985
Order No. 363
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, as a Tioga County Commissioner, violated Section
3(a) of the Ethics Act, 65 P.S. 403(a), by using your office or confidential
information gained through that office to obtain a numbered official ballot
and using that ballot for your candidacy for the office of County
Commissioner.
A. Findings:
1. In 1983, you were a candidate for re- election to the office of County
Commissioner in Tioga County and as such are subject to the State Ethics Act.
2. During the primary election campaign, you obtained a specimen ballot from
the Bureau of Elections.
a. You obtained this specimen ballot at the request of the Democratic
County Chairman who wanted it to prepare copies which would be distributed at
a May 6, 1983 campaign meeting.
b. Copies of the ballot were printed, paid for by the Democratic Party,
and distributed at tilat meeting.
Van W. Emmons, Sr. March 12, 1985
Page 2
3. Section 1008(b) of the Election Code 25 P.S. 2968(b) states:
"On the Thursday preceding each primary, the County Board
shall, upon request made at their office, deliver to each
candidate whose name is printed on the ballot of any
party, or co his authorized representative, without
charge, three specimen ballots of such party for the
entire district in which such candidate is to be voted
for, and the candidate may, at his own expense have
printed on different colored paper as many copies as he
requires for conducting his campaign."
a. Primary Election was May 17, 1983 and the Thursday preceding that
Election was May 12, 1983.
b. According to the Bureau of Elections, Pennsylvania Department of
State, the requirement proposed by the phrase "Thursday preceding each
primary" may be directory or mandatory and the County Board of Elections has
the authority to interpret the phrase.
c. You obtained specimen ballots at least six days prior to this
Thursday date in 1983.
d. There is no evidence that you or the County Commissioners notified
all candidates that specimen ballots were available.
4. On May 13, 1983, the Tioga County Board of Elections investigated this
matter and found "no violation of any section of the Code involving the County
Board of Election."
5. There were no County funds used in the printing or distribution of these
copies of the ballot.
B. Discussion: Section 3(a) of the Ethics Act states:
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any
confidential information received through
his holding public office to obtain
financial gain other than compensation
provided by law for himself, a member of
his immediate family, or a business with
which he is associated. 65 P.S. 403(a).
Van W. Emmons, Sr. March 12, 1985
Page 3
The Election Code allows candidates to copy and distribute ballots and
the Tioga County Board of Election's review of your acquisition and use of a
specimen ballot found no violation of that Code. You could not be said to have
used your office or confidential information from that office in acquiring and
using something which was allowed by law and available to all candidates.
There is no evidence that you realized financial gain because the costs of
printing and distributing the copies of the ballots were paid for with private
funds.
In this case you obtained specimen ballots at least six days prior to
the date allowed for in Section 10008(b) of the Election Code and there is no
evidence that the availability of specimen ballots before that Thursday was
clearly made known to all of the candidates. As a County Commissioner, you
have an obligation to insure public knowledge of these matters to eliminate
public misperceptions and lack of confidence.
C. Conclusion: Under these circumstances, you did violate Section 3(a) of
the tthics Act whee you had copies of election ballots made at least six days
prior to the date allowed for in the Election Code for the 1983 Primary
Election and distributed these as part of your campaign. However, the
violation was of a de minimis nature and we 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. Cod
2.38. During this 15 -day period, no one, including the Respondent unless he
waives his right to challenge thisUrder, 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 e C
Herbert
Chairman