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HomeMy WebLinkAbout406 VaccaroMr. Joseph A. Vaccaro 1711 Resevoir Road Reading, PA 19604 Re: 85 -034 -C Dear Mr. Vaccaro: 2. You were defeated in the election. STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION September 9, 1985 Order No. 406 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 candidate for Commissioner in Muhlenberg Township, violated Section 4(e)(2) of the Ethics Act and 4.2(b) of the Ethics Commission regulations which provides that candidates for local public office shall file a Statement of Financial Interests with the State Ethics Commission and the governing authority of the political subdivision in which he is a candidate prior to filing a petition to appear on the ballot because you filed late with Muhlenberg Township. A. Findings: 1. You were a candidate for Muhlenberg Township Commissioner in the 1985 primary election and, as such, are subject to the Ethics Act (170- 1978). 3. You filed a Statement of Financial Interest with the State Ethics Commission on March 1, 1985. 4. The final date for filing nomination petitions for the 1985 primary was March 12, 1985. 5. As of June 17, 1985, you have not filed a statement with the township. Mr. Joseph A. Vaccaro September 9, 1985 Page 2 B. Discussion: Section 4(e)(2) of the Ethics Act states: (e)(2) Any candidate for local 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 governing authority of the political subdivision in which he is a candidate. 65 P.S. 404(e)(2). §4.2.Candidates. (b) Each candidate for local office shall file a Statement of Financial Interests with the Commission and shall file a copy of the Statement with the governing authority of that political subdivision for which he is a candidate prior to filing a petition to appear on the ballot. 51 Pa. Code 4.2(b). While it is clear that both the law and the regulations require filing of a Financial Interest Statement prior to filing nominating papers, the Pennsylvania Supreme Court interpretation of Section 4(b) of the Ethics Act provides for a reasonable application of these requirements especially where the public's right to view this information during the selection process has not been unduly impaired. See State Ethics Commission v. Boards of Election in Allegheny County, et. al., No. 1266 C.D. 1981 where candidates failing to file a Financial Interest Statement up through the primary election were removed from the general election ballot. See also State Ethics Commission v. Baldwin, Pa. , 445 A.wd 1208 (1982). In addition, previous Ethics Commission decisions have also recognized the need for judicious application of the law unless there is reason tp believe that the delay in filing the Financial Interest Statement was caused by a conscious action of the public official or the public employee in an attempt to conceal or realize personal, financial gain or some other special advantage in being a candidate or officeholder. C. Conclusion: Although you technically violated Section 4(e)(2) and Section 4.Z(b) of the State Ethics Commission regulations, the Financial Interest Statements are now available at the State Ethics Commission and the offices of your governmental body and were available in sufficient time for the public to exercise its right to review this information during the selection process of the 1985 primary election. We also find no evidence that this late filing was the part of an attempt to intentionally conceal information or realize financial gain through concealment. The Commission will take no further action on this matter. Mr. Joseph A. Vaccaro Page 3 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 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 $1000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). EMS /sfb the Co-mission Herb: :. Conner Chairman September 9, 1985 EMS /na Vaccaro Order No. 406 Amendment The conclusion of Order No. 406, issued September 9, 1985 is amended as follows: C. Conclusion: You violated Section 4(e)(2) of the Ethics Act by not filing a Statement of Financial Interests prior to filing your nomination Petition. However, you were defeated in the Primary Election and the Commission will take no further action under these circumstances. E ward M. Seladon s Executive Director October 17, 1985