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HomeMy WebLinkAbout468 HarveyMr. J. D. Harvey 2220 Centre Avenue Pittshurgh, PA 15219 Re: 85 -050 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 9, 1986 Order No. 468 Dear Mr. Harvey: 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 Constahle in the City of Pittsburgh, violated Section 4(e)(2) of the Ethics Act and 4.2(h) of the Ethics Commission regulations which provides that candidates for local public office shall file a Statement of Financial Interests with the State Ethics Commission and the governing authority of the political subdivision in which he is a candidate prior to filing a petition to appear on the ballot. A. Findings: 1. You were a candidate for Constahle in the 5th Ward in Pittshurgh in the 1985 primary election. 2. You filed a Statement of Financial Interests with the State Ethics Commission on March 14, 1985. 3. The only source of income was Three Rivers Stadium. There were no other financial interests listed. 4. You did not file a copy of that statement with the City of Pittsburgh or with the President Judge of the Allegheny Court of Common Pleas. 5. In March 1985, Mr. Willis Brooks filed a petition in the Court of Common Pleas of Allegheny County challenging your right to continue as a candidate hecause you had failed to file a Statement of Financial Interests with the City of Pittshurgh. This petition was dismissed hecause it was not timely filed. Mr. J. D. Harvey April 9, 1986 Page 2 6. You lost the primary election. 7. Despite numerous attempts, we have been unable to contact you for an i ntervi ew. B. Discussion: The State Ethics Act provides as follows: Section 4. Statement of financial interests required to be filed. (b) Each candidate for public 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 public official. A petition to appear on the ballot shall not be accepted by an election official unless the petition includes an affidavit that the candidate has filed the requi red statement of financial interests with the commission. 65 P.S. 404(b). (2) Any candidate for local 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 governing authority of the political subdivision in which he is a candidate. 65 P.S. 404(2). Pursuant to the above provision of law, as a candidate for public office you were required to file a Statement of Financial Interests prior to the filing of your nomination petition with the State Ethics Commission as well as with the governing authority of the political subdivision in which you were a" candidate. The last day for filing the nominating petitions for the May, 1985 municipal election was March 12, 1985. Your Statement of Financial Interests was received by the Ethics Commission on March 14, 1985 two days after the filing deadline. No Statement of Financial Interests was filed with the local governing authority in which you were a candidate. Prior court decisions have generally established the principle that while a filing that is several days late is in violation of the State Ethics Act, the filing requirement is flexible in that as long as the information is available for public inspection within a reasonable period prior to the primary, the purpose and intent of the Act is fulfilled. See State Ethics Commission v. Baldwin, 498 Pa. 255, 445 A.2d 1208 (1982); State Ethics Commission v. Landauer, , Pa. Commw. 496 A.2d 862 (Reversed on other grounds). 497 A.2d 610 (1985). Your Statement of Financial Interests was filed with the State Ethics Commission two days after the filing deadline. Whil a this did i n fact occasion a technical violation of the State Ethics Act. Your statement was available for public Mr. J. D. Harvey April 9, 1986 Page 3 inspection within a reasonable period prior to the May, 1985 primary. Additionally, your failure to file at the local level also occasioned a violation of the State Ethics Act. In the instant situation, however, you did not win the primary election and your statement was on file with the State Ethics Commission. As a result of the following, while you did technically violate the State Ethics Act, we will take no further action in this matter. C. Conclusion: Your failure to file with the State Ethics Commission in a timely manner and your failure to file with the local governing authority in which you were a candidate was a technical violation of the State Ethics Act. In light of the foregoing circumstances, however, the Commission will take no further action in this matter. 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). By the Commission, G. Sieber Pancoast Chairman