HomeMy WebLinkAbout506 CarberryRox 234
Dudley, PA 16634
Re: 86 -010 -C
•
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 506
DECIDEDATU 2 0 6
Edward Carherry MAILED 9
Dear Mr. Carberry:
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 Council in Dudley 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 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.
A. Findings:
1. You received sufficient write -in votes to win the primary nomination in
1985. You did not authorize a write -in campaign nor did you announce for the
office.
2. You were elected to the office in the November, 1985 general election and
took office as a councilmember in Dudley Borough in 1986.
3. You did not intend to take the office, but after discussion with other
corincilmemhers, you agreed.
Edward Carberry
Page 2
4. You filed a Statement of Financial Interests at the borough. The
secretary did not forward this statement because she was told the form was to
be retained only by the borough.
5. We have received the original of your statement dated April 8, 1986.'
B. Discussion: The State Ethics Commission Act generally provides as
follows:
Section 4. Statement c" financial interests required to be filed.
(b) Each candidate for prbl .c office shall f;le a
statement of financial interests for the preceding
calendar yea,' 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 ;°ffidavit: that the candidate has filed the
requi red statement of financial interests with the
commission. 65 P.S. 404(b).
Section 4. Statement of financial interests required to be filed.
(2) Any candidate for local office shall file a statement
of financial interests with the commission pursuant to
this act and shall f i l e a copy of that statement with the
governing authority of the political subdivision in which
he is a candidate. 65 P.S. 4C4 ;2).
The regulations of the State Ethics Commission further provide:
4.2
(d) Write -in winners shall comply pith the
foil owi ng :
(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 wi th 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).
Edward Carberry
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, as a result, you currently serve on the borough council. You did
file a Statement of Financial Interests with the borough but said statement
was not filed with the State Ethics Commission because the borough secretary
failed to forward the statement to the State Ethics Commission. Because of
your attempted compliance, we will take no further action in this matter.
C. Conclusion: While your failure to file a Statement of Financial Interests
as a write -in candidate winner for the office of borough council with the
State Ethics Commission was not in accord with the Act, you did file said
statement with the borough and we will, therefore, take no further action.
G. Sieber Pancoast
Chai man
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,