HomeMy WebLinkAbout410 SpadoniMr. David Spadoni
221 Lachenor Avenue
Easton, PA 18042
Re: 85 -058 -C
Dear Mr. Spadoni:
A. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
September 9, 1985
Order No. 410
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 School Director in the Easton Area
School District, 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 Easton Area School District.
1. You were a candidate for School Director in the Easton School District in
the 1985 primary election.
2. You filed a Statement of Financial Interests with the Easton School
District on April 6, 1985.
3. You state that you did not realize that you were required to file a
Statement of Financial Interests until you had received a letter from the
Ethics Commission identifying you as a non - filer. After receiving that
notice, you filed with the State Ethics Commission and the School District.
a. The State Ethics Commission mailed a letter dated April 4, 1985 to
you, notifying you that you were required to file a Statement of Financial
Interests.
Mr. David Spadoni
Page 2
September 9, 1985
b. On April 8, 1985 the State Ethics Commission received your Statement
of Financial Interests which was dated April 6, 1985.
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 to 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
4.2(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. David Spadoni
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
By the C.mmissio
er..ert B. Conner
Chairman
September 9, 1985