HomeMy WebLinkAbout411 PiccoloMr. Russell R. Piccolo
3613 Falmouth Drive
Library, PA 15129
Re: 85 -059 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
September 9, 1985
Order No. 411
Dear Mr. Piccolo:
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 Supervisor in South Park 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
South Park Township and the State Ethics Commission.
A. Findings:
1. You are a candidate for Supervisor of South Park Township in the 1985
primary election and, as such, are subject to the requirements of the State
Ethics Act.
2. The last date for filing nomination petitions was March 12, 1985.
3. You were defeated in that primary election.
4. The State Ethics Commission received your Statement of Financial Interests
on April 8, 1985.
5. You filed your Statement of Financial Interests at South Park Township on
April 3, 1985.
Mr. Russell =R. Piccolo
.Page 2
6. This was your first candidacy for elected office. You had decided to
run, changed your mind and were going to drop out but finally decided to stay
in the race shortly before the filing deadline.
7. You admit that you made statements that a timely filing of the Statement
of Financial Interests was not required.
8. You also claim that an employee of the Allegheny County Election Bureau
told you that you could file anytime prior to the election. There is no other
evidence that this statement was made to you.
9. Despite your admission that you made statements that a timely filing of
the Statement of Financial Interests was not required, you also claim that you
were ignorant of the filing rules and had simply forgotten to file your
statement.
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).
September 9, 1985
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, 498 Pa. 255, 445 A.2d 1208 (1982). In addition, previous Ethics
Commission decisions have also recognized the need for judicious application
Mr. Russell_R. Piccolo
Page 3
JJC /sfb
erb: B. Conner
Chairman
September 9, 1985
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.
Because of your admission that you knowingly made statements that a
timely filing with the Statement of Financial Interests was not important, we
are reluctant to conclude this case without further action. However, you were
defeated in your candidacy and we believe there is no purpose to be gained in
pursuing this matter. In the future, should you again find yourself in a
position where the filing of a Statement of Financial Interests is required,
you must meet the requirements of the Ethics Act or we will take every action
possible under the law.
C. Conclusion:
You violated Section 4(e)(2) of the Ethics Act and 4.2(b) of the Ethics
Commission regulations. However, we will take no further action because you
were defeated in the primary election and there is insufficient evidence to
support a referral and recommendation for prosecution.
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.
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 born, see 65 P.S. 409(e).
By the Co missio