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HomeMy WebLinkAbout462 KilmartinMs. Nancy Weaver Kilmartin R.D. #1, Rox 255 Tyrone, PA 16686 Re: 85 -120 -C Dear Ms. Kilmartin: 1 't STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COPMISSION March 3, 1986 Order No. 462 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 Tax Collector in Snyder Township violated Section 4(e)(1) of the Ethics Act and 4.2(c) of the Ethics Commission's regulations which provide that announced write -in candidates for public office shall file a Statement of Financial Interests with the Commission and the governing authority of that political suhdivsion in which he is a candidate within 15 days of declaring his candidacy or within half the time hetween the declaration of candidacy and the election, if that period is less than 15 days. A. Findings: 1. You were an announced write -in candidate in the 1985 primary election and are subject to the requirements of the State Ethics Act. a. On March 27, 1985, the Tyrone Daily Herald carried your announcement that you would be a write -in candidate on hoth tickets for Snyder Township Tax Collector. -h. That announcement appeared in the March 27, 1985 edition of the Daily Herald. 2. Regulations of the State Ethics Commission require that announced write -in candidates file a Statement of Financial Interests within 15 days of the time of the announcement or half of the time hetween the announcement and the election if that time_is less than 15 days. Ms. Nancy Weaver Kilmartin Page 2 3. The State Ethics Commission received your Statement of Financial Interests on July 20, 1985. 4. Your Statement of Financial Interests was mailed to the township on June 18, 1985 (postmark). 5. On March 30, 1981, you had also run a "sticker" campaign and had locally filed a Statement of Financial Interests with an attached handwritten note stating "Hollidayshurgh Commissioners Office advised me to complete this form and suhmit it for my own protection. I have deciders to run a sticker campaign for Snyder Township Tax Collector, Tyrone, Pennsylvania." 6. You state that some person at the Blair County Election Bureau told you that an ethics form did not have to he filed unless you won the primary election. You cannot identify that person. 7. You filed your Statement of Financial Interests after receiving notice from the election bureau that you had won the primary election. R. Discussion: Section 4. Statement of financial interests reguired to he filed. (h) Each candidate for puhlic office shall file a statement of financial interests for the preceding calendar year with the commission prior to filing a petition to appear on the ballot for election as a puhlic rzffic A petition to appear on the ballot shall not he accepted by an election official unless the petition includes an affidavit that the candidate has filed the required statement of financial interests with the commission. 65 P.S. 404(h). Section 4. Statement of financial interests required to he filed. (e)(1) Any candidate for State or county -wide puhlic 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 Board of Elections in the county in which the candidate resides. 65 P.S. 404(e)(1). 4. ?.Candidates, (c) Announced write -in candidates must file a Statement of Financial Interests with the Commission and a copy with the governing authority of that political suhdivision for which he is a candidate within 15 days of declaring their candidacy or within half the time hetween the declaration of candidacy and the election if that period is less than 15 days. 51 Ra. Code 4.2(c). March 3, 1986 Ms. Nancy Weaver Kilmartin Page 3 Ry the Commission, Herhert . Conner Chairman March 3, 1986 While it is clear that the a- gulatiohs require filing of a Financial Interest Statement within 15 nays announcing; your write -in candidacy, the Pennsylvania Supreme Court interpretation of Section 4(h) of the Ethics Act provides for a reasonable application of these requirements especially where the puhlic's right to view this information during the selection process has not heen 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. Raldwin, 498 Pa. 255, 445 A.2d 1208 (1982). In addition, previous Ethics Commission decisions have also recognized the need for judicious application 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, puhlic official or the puhlic employee in an attempt to conceal information realize personal, financial gain or some other special advantage than Why a candidate for officeholder. Thus, under these circumstances, we will take no further action. C. Conclusion: You violated Section 4(e)(1) of the Ethics Act and 4.2(c) of the Ethics Commission regulations by not filing a Statement of Financial Interests within 15 days of your announced write -in candidacy, Rased upon the facts of this case, the Commission 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 puhlic 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. wring 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.6,5 P.S. 409(e).