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HomeMy WebLinkAbout431 HuhnMr. Walter J. Huhn 4097 Skippack Pike Skippack, PA 19474 Re: 85 -063 -C Dear Mr. Huhn: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION November 4, 1985 Order No. 431 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 Supervisor in Skippack Township, violated Section 4(a) of the Ethics Act and Section 4.4(b) of the State Ethics Commission regulations because you have not filed your Statement of Financial Interests for calendar years 1983 and 1984 with Skippack Township. A. Findings: 1. You have served as Supervisor of Skippack Township since 1980 and are subject to the provisions of the Ethics Act. 2. Your Statements of Financial Interests for calendar years 1983 and 1984 are not on file in Skippack Township. 3. You admit you have not filed a Statement of Financial Interests for a number of years. You have no explanation for not filing. 4. The other township supervisors have filed Statements of Financial Interests. 5. You received income as a supervisor from the township as follows: a. $1,2.60 for 1983. h. $1,202 for 1984. Mr. Walter Huhn .,-Page 2 6. You are also employed at Christy's Auto Body in Horsham, PA. 7. It is not known whether you have other sources of income of $500 or more. B. Discussion: As a township supervisor, you are a public official as that term is defined in the State Ethics Act. 65 P.S. '5402. As such, your conduct must conform to the requirements of the Act. Sowers, 80 -050. The Ethics Act provides that public employees must file a Statement of Financial Interests for the preceding calender year no later than May 1 of each year that he holds such a position. This provision is equally applicable to public officials. Carter, 79 -065; see also Kremer v. State Ethics Commission, 56 Pa. Commw. 160, 424 A.2d 968, (1981). The Act further provides that: Section 4. Statement of financial interests required to be filed. (d) No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). November 4, 1985 You have'not filed a Statement of Financial Interests in accordance with the State Ethics Act for calendar years 1979 through 1983 inclusive. You have therefore, violated the State Ethics Act. As a result of your failure to file the required Statements, you received financial gain (your compensation as a supervisor) in violation of the Ethics Act. The Ethics Act provides as follows: Section 9. Penalties. (b) Any person who violates the provisions of Section 4 is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year, or be both fined and imprisoned. 65 P.S. 409(b). (c) Any person who obtains financial gain from violating any provision of this act, in addition to any other penalty provided by law, shall pay into the State Treasury a sum of money equal to three times the financial gain resulting from such violation. 65 P.S. 409(c). M r. ge W Huhn `Pa 3 The Commission may: Section 7. Duties of the commission. (11) Make recommendations to law enforcement officials either for criminal prosecution or dismissal of charges arising out of violation of this act. 65 P.S. 407(11). November 4, 1985 Additionally, the Commission may recommend such prosecution to law enforcement authorities unless the public official who is in violation of the Act returns the financial gain obtained in violation thereof. See McCutcheon v. State Ethics Commission, 77 Pa. Commw. 529, (1982); 65 P.S. §407 9(iii). As such, the Commission has determined that unless you return to the township the compensation you received in violation of the Act within thirty days of the date of this Order, this matter will be referred to the appropriate law enforcement authority with a recommendation for prosecution. You received compensation for the years 1983 through 1984 inclusive in the amount of $2,462.00. These are years for which you did not file Statements of Financial Interests. A check in the above amount should be made payable to Skippack Township and forwarded to the State Ethics Commission. C. Conclusion: You violated the Ethics Act by failing to file a Statement of Financial Interests for the years 1983 - 1984 inclusive. Unless you remit to the Commission a check in the amount of $2,462.00, made payable to Skippack Township within 30 days of this Order, the matter will be referred to the appropriate law enforcement authority. 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 both, see 65 P.S. 409(e). JJC /sfb By the Co mission Herbert R. Conner Chairman Mr. Walter J. Huhn 4097 Skippack Pike Skippack, PA 19474 Re: 85- 063 -C, Order No. 431 Dear Mr. Huhn: EMS /jc State Ethics Commission 308 Finance B u i l d i n g P. 0. Box 11470 Harrisburg, Pa. 17108 -1470 November 26, 1985 This is to notify you that I am amending a typographical error in Order No. 431,issued November 4, 1985. In the fifth paragraph of the discussion, we said you have not filed a Statement of Financial Interests in accordance with the Ethics Act for calendar years 1979 through 1983 inclusive. This should have said years 1979 through 1984 inclusive. Our Order is being amended accordingly. Sincerely, Edward M. Seladones Executive Director State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania Ms. Nancy J. Eppley Skippack Township Secretary P.O. Box 329 Skippack, PA 19474 EMS /na Enc. State Ethics Commission 308 Finance Building P. 0. Box 11470 Harrisburg, Pa. 17108 -1470 December 9, 1985 Sincerely, Executive Director Dear Ms. Eppley: - A check for $2,462 from Mr. Walter J. Huhn is enclosed. This check meets the requirements of Order No. 431 (copy attached). We are clnsing our file and will take no further action. Edward M. Seladones State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania