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HomeMy WebLinkAbout379-R FoxMr. Jon Fox 523 Benson Manor Jenkintown, PA 19046 Re: 84 -183 -C Dear Mr. Fox: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 379R August 14, 1985 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 follow: I. Allegation: That you, a candidate for state legislator, failed to file a Statement of Financial Interests with the State Ethics Commission and county prior to filing your nomination papers and thus violated Sections 4(b) and 4(e)(1) of the Ethics Act. Findings: 1. In the 1984 primary and general elections, you were a candidate for a seat in the State House of Representatives and thus subject to the State Ethics Act. 2. You filed your nomination petitions with the Bureau of Elections, Department of State, on January 30, 1984. 3. You filed Statements of Financial Interests as follows: a. On January 30, 1984, you filed your statement with the Montgomery County Board of Elections. b. On February 6, 1984, your statement was received by the State Ethics Commission. 4. The last day for filing nomination petitions was January 31, 1984. 5. On April 18, 1985, the State Ethics Commission issued Order No. 379 finding you had technically violated Section 4(b) of the Ethics Act. Mr. Jon Fox Page 2 August 14, 1985 6. On May 3, 1985, you appealed our Order and submitted the following information: a. A certification from the Chief Clerk of the Montgomery County Board of Elections stating that he had time stamped your statement at 2:29 p.m. on January 30 and, upon your inquiry, said he would accept your statement for filing with the State Ethics Commission and that, in his belief, the State Ethics Commission_ would consider the statement as being received at the time he accepted it in -the County. b. You requested that we recognize your filing with the County before you filed your nomination petitions. c. You requested that we recognize the evidence that you acted reasonably and in good faith to make a timely filing of your statement with the Ethics Commission because of the statements given to you by the Chief Clerk of the Montgomery County Board of Elections. II. 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 be 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)(1) Any candidate for State or county -wide public 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 Board of Elections in the county in which the candidate resides. 65 P.S. 404(e)(1). Your Statement of Financial Interests was filed with the County on January 30, the same day you filed your nomination petitions. The State Ethics Commission received your Statement on February 6. While Sections 4(b) and 4(e)(1) require filing of the Statement of Financial Interests prior to the final date for filing nomination petitions, the State Ethics Commission's primary purpose is to have the Statement of Financial Interests available to the public during the time they are deciding for whom they will vote. In State Ethics Commission v. Baldwin 498 Pa. 255, 445 A.2d 1208, (1982), the Supreme Court of Pennsylvania outlined general guidelines relating to the Mr. Jon Fox Page 3 filing of Statements of Financial Interests. Specifically the Court found that while there may be a technical violation of the State Ethics Act by virtue of a late filing, in order to prohibit a candidate from appearing on the election ballot, there must be exhibited an intent to avoid the provisions of the Act. While the above case concerned the propriety of a late filing candidate appearing on the election ballot, we believe that the rationale of the Court should be applied in the instant matter. Although the Commission received your Statement of Financial Interests after the final date for filing nomination petitions, it was available for public inspection during the selection process. Your Statement of Financial Interests was filed at the Montgomery County Board of Elections before you filed your nomination petitions and the chief clerk told you that he would accept the statement for mailing to the Ethics Commission. These facts do not exhibit an intent to purposefully avoid the provisions of the law. C. Conclusion: We find that filing your Statement of Financial Interests with the Montgomery County Board of Elections prior to filing your nominating petitions and your reliance on the chief clerk's advice, that he would accept your form and have it filed with the State Ethics Commission substantially, complied with the filing requirements 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. 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). EMS /sfb By the C mis Hep•e t B. Conner Ch'ai rman August 14, 1985 Mr. Jon Fox 523 Benson Manor Jenkintown, PA 19046 Dear Mr. Fox: JJC /sfb Enclosure STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 August 14, 1985 Re: Order No. 379 -R; File No. 84 -183 -C This refers to the above captioned matter in which the State Ethics Commission had previously granted your request for reconsideration. As a result, the Commission has now completed such reconsideration and has issued Order No. 379 -R, a copy of which is enclosed. Pursuant to State Ethics Commission regulations, 51 Pa. Code 2.38(a), that Order and this letter evidencing reconsideration are final and will be made available as public documents three (3) business days after service. B the om ission erb- B. Conner Chairman