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