HomeMy WebLinkAbout507 BurichMr. Paul Rurich
P.O. Rox 312
Greenshoro, PA 15338
Re: 86 -011 -C
Dear Mr. Burich:
3. You never took office.
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 507
DECIDED AUG 2 0 1986
MAI LEDfG 2 6 1g136
The State Ethics Commission has received a complaint regarding you and a
possihle 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 Greensboro 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 were not a candidate in the 1985 elections for re- election to
Greenshoro Borough Council but you did receive enough write -in votes to win.
2. You attempted to stop persons who were soliciting write -in votes for you
and said you would not serve.
Mr. Paul Rurich
Page 2
R. Discussion: The State Ethics Act generally provides as follows:
Section 4. Statement of financial interests required to be filed.
(h) Each candidate for public office shall file a
statement of financial - interests for the preceding
calendar year with the commission prier to filing a
petition to appear on the ballot for election as a public
official. A petition to a on the haliot shall not he
accepted by an election official unless the petition
includes an affidavit that the candidate has filed the
requi r statement of financial interests with the
commission, 65 P.S. 404(b).
(2) Any candate for local office shall file a statement
of financial rrterests with the commission pursuant to
this act and shall file a copy of that statement with the
governing authority of the poitiri.l subdivision in which
he is a candidate. 65 P.S. 404(2).
The regulation of the State Ethics Commission further provide:
, 54.2.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. §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).
Mr. Paul Rurich
Page 3
You were never a candidate for public office and cannot he held
accountable for persons who solicited votes for you despite your attempts to
stop them. You were not required to file a Statement of Financial Interests
under these circumstances.
C. Conclusion: You were not a candidate for public office in the 1985
elections receiving sufficient write -in votes to win through the
efforts of others and, therefore, you did not violate the Ethics Act by not
filing a Statement of Financial Interests. We will take no further action in
this matter.
Our files in this use will remain confidential in accordance with
Section 8(a) of the Ethics Act, 65 P.S. 4 However, this Order is final
and will he 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).
By the Commission,
G. Sieber Pancoast
Chairman