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HomeMy WebLinkAbout502 WelliverMr. Ronald L. Welliver Box 323 Millville, PA 17846 Re: 86 -006 -C Dear Mr. Welliver: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 502 GLCIDED AUG 2 0 1986 MAILEDLE=2136 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 areas follows: I. Allegation: That you, a candidate for councilman in Millville Borough, violated Section 4(e)(2) 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 subdivision in which he is a candidate within 15 days of declaring his candidacy or within half the time between the declaration of candidacy and the election, if that period is less than 15 days; Section 4.2(d)(12) of the Ethics Commission regulations which provides that write -in winners of nominations file a Statement of Financial Interests with the Commission and the governing authority of the governmental body associated with the nomination within 85 days of the General Election; and Section 4.2(d)(2) of the Ethics Commission regulations which provide that write -in winners of elections shall file a Statement of Financial Interests with the Commission and the governing authority of the governnental body of the office to which they have been elected 5 days prior to taking the oath of office. A. Findings: 1. You were a candidate for the office of councilmember of Millville Borough in the 1985 municipal election. 2. On April 5, 1985, you were notified of your obligations to file the Statement of Financial Interests. On April 8, 1985, the State Ethics Commission received a receipt signed by you, acknowledging your receipt of the 1 etter. 3. The following actions were taken subsequent to the primary election: a. On August 30, 1985, a second certified letter was sent to you notifying you of your obligation to file a Statement of Financial Interests. Mr. Ronald L. Welliver Page 2 b. On September 5, 1985, the State Ethics Commission received a receipt signed by you acknowledging receipt of this letter. 4. On March 7, 1986, the State Ethics Commission mailed a letter to you notifying you that they were investigating your failure to file. The following actions occurred as a result of this letter. a. On March 14, 1986, our investigator contacted you and you stated the following: r.. (1) You failed to file a Statement of Financial Interests in response to our initial correspondence because you did not want to file the necessary forms. You believe the entire process is ridiculous. b. You have taken your loyalty oath and are serving on borough council. c. You were a candidate several years ago and did file a Statement of Financial Interests at that time. 5. On March 18, 1986, the Commission received your Statement of Financial Interests. R. Discussion: Section 4(b) of the Ethics Act states: (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 fo7 election as a public official. 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(b). Section 4(e)(2) of the Ethics Act states: (e)(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(e)(2). Mr. Ronald L. Welliver Page 3 Section 4.2(c) of the Commission Regulations states: (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 subdivision for which he is a candidate within 15 days of declaring their candidacy or within half the time between the declaration of candidacy or and the election, if that period is less than 15 days. In the instant situation, you failed to file your Statement pursuant to the State Ethics Act. Your reason for your failure to file was that - in your belief - the entire process was ridiculous. This is not sufficient justification for a public official's failure to comply with the law. The State Ethics Act provides as follows: 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). This Commission has, in the past, held that this provision of law would require, in appropriate circumstances, that public officials who have received compensation during a period for which they have not filed and received such in violation of the above provision. The Commission has in such cases ordered that a public official return the compensation received in violation of the law. Metzler; 389 -R, Huhn; 431. While it is clear that the regulations require filing of a Statement of Financial Interests prior to announcing your write -in candidacy, Pennsylvania Supreme Court interpretation of Section 4(b) of the Ethics Act provides for a reasonable application of these requirements especially where the public's right to view this information dur-ihy the selection process has not been 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 Statement of Financial Interests up through the primary election were removed from the general election ballot. See also State Ethics Commission v. Baldwin, Pa. , 445 A.wd 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 Statement of Financial Interests was caused by a conscious action of the public official or the public employee in an attempt to conceal or realize personal, financial gain or some other special advantage in being a candidate for officeholder. Mr. Ronald L. Welliver Page 4 In the instant situation, it is clear that you were aware of the filing requirement. We had attempted, on a number of occasions, to contact you through the mailing of certified letters and which were, in fact, received by you as early as September 5, 1985. Nevertheless, you continued to fail to file your Statement of Financial Interests. Your reason for not filing, your belief that the process is ridiculous, is not sufficient justific °tion. Fully aware of the fact that you had not filed your Statement of Financial Interests, you entered upon your duties as a member of the Miliville Borough Council. On March 7, 1986, you were once again contacted by the State Ethics Commission as to the instant investigation. On March 14, you . were once again telephonically contacted by a representative of the State Ethics Commission regarding this matter. The Commission, finally, on March 18, 1986, received your Statement of Financial Interests. Although you have now filed a Statement of Financial Interests, we are gravely concerned by your reaction to your obligation to file. We must note, and you must be aware, that the filing requirement is a matter of law and one means of insuring the public you serve as a member of borough council that you are serving the public and deserbe their trust. As a borough councilperson, you have a responsibility to enact ordinances and insure that the borough's citizens obey those laws. If the citizens have the same attitude about laws that you displayed in failing to meet your filing obligation, the borough would become an anarchy. For government to succeed, public officials must hold themselves to the highest standards, especially in meeting their legal obligations. C. Conclusion: You violated the State Ethics Act by failing to file a Statement of Financial Interests. However, you have now filed a statement and 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 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. Mr. Ronald L. Welliver Page 5 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