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