HomeMy WebLinkAbout446 KlineMs. Mary Kline
Box 109, River Drive
Riddlesburg, PA 16672
Re: 84 -177 -C
Dear Ms. Kline:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
December 6, 1985
Order No. 446
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 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 1 1982, and 1983.
A. Findings:
1. You served as Auditor of Broad Top Township from January 19, 1982 until
January 7, 1985 when you resigned.
2. You did not conduct audits of township records of 1982, 1983 or 1984
because the tnwnship hired an independent auditor.
3. You received no compensation from the township while serving as auditor.
4. As a candidate for election, you filed a Statement of Financial Interests
with the township on February 7, 1981.
5. On July 23, 1985, you filed Statements of Financial Interests for calendar
years 1982, 1983, 1984, and 1985 with the State Ethics Commission. Copies
have also been filed with the township.
R. niscussion: As a township auditor 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. FrailPy, No. 150.
Ms. Mary Kline
Page 2
The Act further provides that:
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).
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).
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. You, however, received no compensation from the township for the years
in question and you did not conduct any audit of the township hooks for these
years. In light of the fact that you have now filed the Statements of
Financial Interests as required, we will take no further action.
C. Conclusion: You violated the State Ethics Act by not filing a Statement
of Financial, Interests as required by law. Under the circumstances herein
present, 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 he 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 ,n0n or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
JJC /sfh
Ry the
missi
Her rt R. Conner
Chairman