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HomeMy WebLinkAbout503 CramerGeorge Cramer R.D. #2 Rockwood, PA 15557 Re: 86 -007 -C Dear Mr. Cramer: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 503 DECIDE MAILED 2 0 1986 Atilkg 6 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 Councilman in New Centerville Borough, violated Section 4(e)(2) of the Ethics Act and 4.2(c) of the Ethics Commission 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 provide 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 R5 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 governmental body of the office to which they have been elected 5 days prior to taking the oath of office. A. Findings: 1. You were an announced write -in candidate for a position on the Centerville Borough Council in the 1985 elections. 2. You have served in that position since January, 1986. 3. As a candidate for public office and a current councilmemher, you are subject to the filing requirements of the State Ethics Act. 4. The State Ethics Commission had no Statement of Financial Interests on file for your candidacy and the following actions were taken: George Cramer Page 2 a. On August 29, 1985, a certified letter was mailed to you informing you of your obligations. This letter was accepted by Helen Cramer on August 31, 1985. b. You did not respond to that letter nor have you filed a Statement of Financial Interests as of the date of this order. 5. You were contacted by our investigator and admitted that you did not file a Statement of Financial Interests because you are not compensated for your position on council and believe the filing requirement is uneCessary,- You stated that if we sent you another form, you would decide whether or not you should file. B. Discussion: The State Ethics Commission Act generally provides as follows: Section 4. Statement Of financial interests re ui red to he filed. (h) 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 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). (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). The regulations of the State Ethics Commission further provide: .2.Candidates. (d) Write-in winners shall comply with the following: (1) Write -in winners of nominations who execute and file the loyalty oath necessary to he placed on the ballot shall file a Statement of Financial Interests with the Commission and the governing authority of the governmental body associated with the nomination within the period provided under Section 978 of the Pennsylvania Election Code (25 P.S. ,52938). George Cramer Page 3 (2) Write -in winners of elections shall file a Statement of Financial Interests with the Commission and the governing authority of the governmental body associated with the office to which they are elected 5 days prior to taking the oath of office. 51 Pa. Code 4.2(d). You were successful as a write -in candidate for the position of borough council and you have served on the borough council since January, 1986. Pursuant to the State Ethics Act, you were required to file a'Statement of Financial Interests. The State Ethics Act provides that: 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 puhlic funds, unless he has filed a statement of fi,nanci al interests with the commission as required by this act. 65 P.S. 404(d). This Commission has, on several occasions, determined that if a candidate or public official intentionally fails to file a Statement of Financial Interests, the above provision of law would prevent said official from receiving any compensation from puhlic funds. Huhn; 431, Metzler; 389 -R. In these cases, the Commission has required the non - complying official to return to his governmental body any compensation received in violation of the Act. Additionally, the State Ethics Act provides: Section 9. Penalties. (h) Any person who violates the provisions of Section 4 is guilty of a misdemeanor and shall be fined not more than $1,0011 or imprisoned for not more than one year, or he both fined and imprisoned. 65 P.S. 409(h). In the instant situation, you have failed to timely file the required Statement of Financial Interests and continue in your refusal to file. As such, we believe that this matter should be referred to an appropriate law enforcement authority for further review and consideration. You also roust file said statement within 15 days of the date of this order. 2 7 George Cramer Page 4 C. Conclusion: You violated the State Ethics Act through your failure to file a Statement of Financial Interests in accordance with the State Ethics Act. You must file said statement within 15 days of the date of this order. This matter will he referred to an approriate law enforcement authority further review. Our :'files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. and will he made available as a 408(a). However, this Order is final as m maless public document 15 days after service (defined you file documentation with the Commission• 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 •hall 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, 1C/ • x . - ..6 air -a G. Sieber Pancoast Chairman Enclosure (SFI)