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HomeMy WebLinkAbout396 WaltersMr. Frank P. Walters 125 Rinehart Avenue Carmichaels, PA 15320 Re: 85 -21 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION August 5, 1985 Order No. 396 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 former Cumberland Township Supervisor, violated Section 5Cb)(5) of the Ethics Act which states that the Statement of Financial Interests shall include the name and address of any person who is the direct or indirect source of income totalling in the aggregate of $500 or more by failing to list sources of income on line 13 of your Statement of Financial Interests dated February 19, 1985. A. Finding: 1. You are a candidate for supervisor in Cumberland Township and, as such, are subject to the Statement of Financial Interests filing requirements of the State Ethics Act. 2. On February 25, 1985, you filed a Statement of Financial Interests with the State Ethics Commission. a. There were no sources of income listed on the Statement. 3. Financial interests of the spouse are not required on the Statements of Financial Interests. 4. Your wife, Carol A. Walters, is the sole proprietor of Frank's Tire Shop, 125 Rinehart Avenue, Carmichaels, PA 15320. 5. On April 8, 1985, you filed a second Statement of Financial Interests. a. You listed "Carol A. Walters, proprietor, Frank's Tire Shop. Mr. Frank P. Walters August 5, 1985 Page 2 b. You also submitted income tax documents which confirm that your wife is the proprietor of Frank's Tire Shop. B. Discussion: Section 5. Statement of financial interests. (b) The statenent shall include the following information for the prior calendar year with regard to the person required to file the statement and the members of his immediate family: (5) The name and address of any person who is the direct or indirect source of income totalling in the aggregate of $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. You are not required to report the financial interests of your spouse. The income tax documents that you submitted show that your wife is the proprietor of Frank's Tire Shop and you have no financial interests in this business which are reportable on your statement. Your voluntary reporting of Frank's Tire Shop as a source of income in your latest statement is accepted and clarifies your initial statement. We find no violation of Section 5(b)(5) of the Ethics Act and will take no further action. In addition, we are sending a copy of the statement you filed on April 8, 1985 to Cumberland Township where, in accordance with Section 4(f) of the Ethics Act, it will be "available for public inspection and copying during regular office hours." C. Conclusion: You did not violate Section 5(b)(5) of the State Ethics Act by not listing Frank's Tire Shop as a source of income because you have no reportable financial interests in this business. We will take no further action on this matter. 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. Mr. Frank P. Walters Page 3 August 5, 1985 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 the Co mission (::i1!:/ erb: t B. Conner Chairman