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HomeMy WebLinkAbout504 FalatkoJohn Falatko Box 124 . West Pittsburgh, PA Re: 86 -008 -C Dear Mr. Falatko: A. Findin sc�: 16160 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 504 DECroEDAUG 2 U 1986 MA I L E ogIME236 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 Auditor in Taylor Township, 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 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 governmental body of the office to which they have been elected 5 days prior to taking the oath of office. 1. You were a write -in candidate for the office of auditor in the 1985 election and were successful in that effort. 2. You have heen serving as an auditor in Taylor Township since January, 1986. 3. There was no Statement of Financial Interests on file at the State Ethics Commission, as required of candidates for puhlic office, and the following actions were taken: John Falatko Page 2 a. On August 27, 1985, a certified letter was mailed to you notifying you of your filing obligations. The State Ethics Commission received a return receipt signed by Helen Kessler and dated August 30, 1985, acknowledging receipt of this letter. b. You were contacted and stated that you believed you had filed a Statement of Financial Interests with the township secretary. A search of township records, by the secretary, failed to find the form and he informed 'you of this. 4. On August 14, 1986, the State Ethics Commission received your Statement of Financial Interests. B. Discussion: The State Ethics Act generally provides as follows: Section 4. Statement of fi i,anci al interests re ui red 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 required statement of financial interests with the commission. 65 P.S. 404(b). (2) Any candidate for local office sha'1 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: John Falatko Page 3 .(1) Write -in winners of nominations who execute and file the loyalty oath necessary to be 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. ,2938). (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). As a write -in candidate for the positon of township auditor, you were required to file a Statement of Financial Interests with the State Ethics Commission. While the statement was not filed with this Commission, it was on file locally. C. Conclusion: While your failure to file a Statement of Financial Interests with the State Ethics Commission was a violation of the Ethics Act, the Statement was filed locally and available for public inspection, therefore, we will take no further action. 8y the Commission, La-tn. 0a6 G. Sieher Pancoast Chairman 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 he fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e).