HomeMy WebLinkAbout426 KrugMr. Delmont Krug
R. D. #1
Loretto, PA 15940
Re: No. 84 -126 -C
Dear Mr. Krug:
A. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
November 4, 1985
Order No. 426
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 Township Supervisor of Allegheny
Township, violated Section 4(a) of the Ethics Act, 65 P.S. 404(a), by failing
to file a Statement of Financial Interests for calendar year 1983.
1. You served as a supervisor of Allegheny Township until the end of 1982
and, as such, were subject to the filing requirements of the State Ethics
Act.
2. Incumbent public officials are required to file a Statement of Financial
Interests with their governmental body by May 1 of each year in which they
serve in office and one year after.
3. Statements of Financial Interests are on file at the township offices as
fol lows:
a. Statement dated April 5, 1980 for calendar year 1979.
b. Statement dated April 30, 1981 for calendar year 1980.
c. Statement dated April 21, 1982 for calendar year 1981.
d. Statement dated March 4, 1983 for calendar year 1982.
Mr. Delmont Krug
, Page 2
November 4, 1985
B. Discussion:
Section 4. Statement of financial interests required to be filed.
(a) Each public employee employed by the Commonwealth
shall file a statement of financial interests for the
preceding calendar year with the department, agency or
bureau in which he is employed no later than May 1 of each
year that he holds such a position and of the year after
he leaves such a position. Any other public employee
shall file a statement of financial interests with the
governing authority of the political subdivision by which
he is employed no later than May 1 of each year that he
holds such a position and of the year after he leaves such
a position. 65 P.S. 404(a).
Annual filing by public officials has been confirmed by Commonwealth
Court in Kremer v. State Ethics Commission, 56 Pa. Commw. 160, 424 A.2d 968
(1981). Although the township does not record the time or date of the
receipt of the Statements of Financial Interests, we have no evidence that the
statements were not filed in the accordance with the requirements of the law.
In addition, we find no evidence that you could have realized financial gain
by delaying the filing of the statements.
C. Conclusion: We find no evidence that you failed to file your Statements
of Financial Interests with the township for calendar years 1979, 1980, 1981,
and 1982 and, therefore, find no violation of the State Ethics Act. Under
these circumstances we will take no further action.
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 he fined not more than $1,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
By the Com ission
JJC /sfb
Herb Conner
Chairman