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HomeMy WebLinkAbout505 BrownMr. Harry Brown 514 Walnut Street Saltsburg, PA 15681 Re: 86 -009 -C Dear Mr. Brown: 7k\ STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 505 DECIDED AUG 20 1986 MA! LE UAILL 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 Saltsburg, 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 governnnental body of the office to which they have been elected 5 days prior to taking the oath of office. A. Findings : 1. You were not an announced candidate for re- election in the 1985 primary election but did receive sufficient write -in votes to win the primary. 2. The borough solicitor attempted to have your name removed from the ballot but through some error it remained on the general election ballot and you were victorious. 3. The County Election Board notified the State Ethics Commission that you were a winner and the following actions were taken: Mr. Harry Brown Page 2 a. A certified letter was sent to you at 503 Chestnut Street, Saltsburg, Pennsylvania 15681. On August 25 the State Ethics Commission received an acknowledgement signed by Teresa Brown. b. On January 19, 1986, you submitted a resignation letter to the - Saltsburg Borough Council President, James Kelly. Although you received sufficient votes to win the general election, yuu did not seek or take office as a result of that election. B. Discussion: The State Ethics Commission Act generally 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 erection 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. Statement of financial interests required to be filed. (2) Any candic".ate for local office shall file a statement of financial interests with the commission pursuant to this act Grua shall file a copy of that sttemert 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: §4.2.Candidates (d) Write -in winners shall comply with the f o l l owi ng : (l.) Write -i n 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). Mr. Harry Brown 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). G. Sieber Pancoast Chairman While you were successful as a write -in candidate for the positon of borough council you, in• fact, never took the oath of office and as a result have not served on the borough council. Because you are an unannounced candidate and in light of the fact that you never took the oath of office, you would not have been required to file your Statement of Financial Interests until 5 days prior to the taking of the oath of office. C. Conclusion: You would have been required to file a Statement of Financial Interests as a write -in candidate winner for the office of borough council only if you took the oath of office. Because you never took the oath of office; never assumed the duties of that position and did not run for the office as an announced candidate , 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. 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_,