HomeMy WebLinkAbout389-R MetzlerMr. Harold Metzler
Supervisor
R.D. #1
Martinsburg, PA 16662
Re: Order No. 389, File No. 85 -001 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
RECONSIDERATION ORDER OF THE COMMISSION
September 17, 1985
Order No. 389 -R
Dear Mr. Metzler:
This refers to the request for Reconsideration presented on August 26,
1985, with respect to the above- captioned Order issued on July 26, 1985,
pursuant to 51 Pa. Code 2.38. The discretion of the State Ethics Commission
to grant reconsideration is properly invoked, pursuant to our regulations, 51
Pa. Code 2.38(b) when:
(b) Any party may ask the Commission to reconsider an Order within 15
days of service of the Order. The person requesting reconsideration
should present a detailed explanation setting forth the reason why the
Order should be reconsidered. Reconsideration may be granted at the
discretion of the Commission only where any of the following occur:
(1) a material error of law has been made;
(2) a material error of fact has been made;
(3) new facts or evidence are provided which would lead to reversal
or modification of the order and where these could not be or were
not discovered previously by the exercise of due diligence.
The Commission, having reviewed your request, must DENY your request
because none of these circumstances are present.
Specifically, you have asserted that you depended upon the township
secretary to hold you accountable for complying with the official
responsibilities of your position. You also assert in your request for
reconsideration that the secretary did, in fact, or on at least two occasions,
supply you with the necessary Statement of Financial Interests forms for
filing and you state that you "simply neglected to do so." We do not believe
that the secretary can be in any way held responsible for your failure to file
these statements and we do not believe that the secretary could have acted in
any different manner in securing your compliance with the law.
Mr. Harold Metzler
- Page 5
The Commission was aware of and, in fact, considered the factors outlined
in your reconsideration request at the time of the issuance of the original
order. No new material facts or evidence has been asserted that would
lead us to reach a diffeeen: conclusion.
While we are sensitive to the work that you performed as a township
supervisor, we are also sensitive to the requirements of the law and the
intent thereof. The financial interest filing requirement is intended to
insure the public that the financial interests of public officials do not
conflict with the public trust. Of particular importance in this matter was
the fact that your private business was contracting with the township wherein
you served. This is the exact type of relationship at which the filing
requir'ment was aimed. Your failure to file the statement was not a one -time
oversight but continued for five consecutive years.
In light of the foregoing, the State Ethics Commission concludes that
your request for reconsideration must be DENIED.
Accordingly, you have thirty (30) days from the date of this
Reconsideration denial to comply with the terms set forth in the original
Order. That Order and this decision denying reconsideration are final and
shall be made available as public documents on the third business day
following the date of this Order.
JJC /na
the Comr ssio,
Herb °rt B. Conner
Chairman
September 17, 1985