HomeMy WebLinkAbout445 DodsonMr. Darrell Dodson
R.O. #2
Hopewell, PA 16650
Re: 84 -176 -C
Dear Mr. Dodson:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
December 6, 1985
Order No. 445
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 1972. 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, Township Auditor, are in violation of Section 4(a)
of the State Ethics Act because you have not filed a Statement of Financial
Interests for calendar years 1981, 1.982, and 1983.
A. Findings:
1. You servtd as Auditor of Rroad Top Township from January, 198n until
December 19, 1984 when you resigned.
2. You did audit township records for calendar year 1980.
3. For calendar years 1982, 1983, and 1984, the township hired an independent
auditor and you did not perform audits.
4. You received $236.n0 compensation for performing audits of the 1980
records of the township in 1981.
5. You did not receive compensation in calendar years 1987, 1923, or 1984.
6. You filed a Statement of Financial Interests with the township on March
27, 1921 for the calendar year 1980. You did not file Statements of Financial
Interests with the township for calendar years 1921, 1982, 1983, or 1924. You
state you were unaware of the filing requirements for incumbents.
R. discussion: As a township auditor you are a public official as that term
is defined in the State Ethics Act. 65 P.S. v$402. As such, your conduct must
conform to the requirements of the Act. Frailey, No. 150.
Mr. Darrell Dodson
Page 2
December 6, 1985
The Ethics Act provides that public employees must file a Statement of
Financial Interests for the preceding calendar 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 he 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
fil ed a statement of financial interests with the
commission as required by this act. 65 P.S. 404(d).
There is no doubt that you have failed to file a Statement of Financial
Interests as required by law and have, therefore, violated the State Ethics
Act. Your failure to file for calendar years from 1982 to 1984 appears to
have been unintentional. You did not, however, audit the township books or
receive compensation from public funds for these years. As a result, we will
take no further action in this matter if you file Statements of Financial
Interests with this Commission for the aforementioned years.
C. Conclusion: You violated the State Ethics Act by not filing a Statement
of Financial Interests for the years 1982 to 1984. You must, within 15 days
of this order, file said statements or this matter will be forwarded to the
appropriate law enforcement authorities for further review. Upon the receipt
of said statements, our files in this matter will be closed.
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 51,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
JJC /sfb
By the C'mmissi
erhett B. Conner
Chai man