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HomeMy WebLinkAbout508 CirotaMr. Bernard M. Cirota Box 34 Clarksville, PA 15322 Re: 86 -012 -C Dear Mr. Cirota: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 508 DECIDED AUG 2 0 19$6 MAILED AUG z6 198 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 areas follows: I. Allegation: That you, a candidate for Mayor in Clarksville Borough, 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 governmental body of the office to which they have been elected 5 days prior to taking the oath of office. A. Findings: 1. You have served as the Mayor of Clarksville, Pennsylvania and sought re- election as an announced write -in candidate in the 1985 primary election. 2. You were successful in the primary and general elections and are serving as the Mayor of Clarksville at the current time. 3. You are a public official as that term is used in the State Ethics Act and subject to the provisions of the Act. Mr. Bernard M. Cirota Page 2 4. A certified letter was sent to you notifying you of your filing obligations and the State Ethics Commission received an acknowledgement of receipt of that letter dated August 28, 1985. 5. There was no other response to that certified letter and the Commission initiated an investigation of your failure to file. You stated the following when you were contacted: a. You were on vacation at the time of the primary election and neglected to file the Statement of Financial Interests. b. You acknowledge receiving our c.>rrespondence but Laid not respond because you thought you would be removed from the ballot or would not be allowed to take office. c. You agreed to file a statement. 6. Your Statement of Financial; Interests was received by the State Ethics Commission on March 1 1986. B. Discussion: Section 4(b) of the Ethics Act states: (b) Each c late for public office shadl pile 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 officia 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(e)(2) of the Ethics Act states: (e)(2) Any candidate for `focal 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(e)(2). Mr. Bernard M. Cirota Page 3 Section 4.2(c) of the Commission Regulations states: (c) Announced write -in candidates must file a Statement of Financial Interests with the Commission and a copy with the governing authority of that political subdivision for which he is a candidate within 15 days of declaring their candidacy or within half the time between the declarati„n of candidacy or and the election, if that period is less than 15 days. While it is clear that the regulations require filing of,a Statement of Financial Interest prior to announcing your write -in candidacy, Pennsylvania Supreme Court interpretation of Section 4(b) of the Ethics Act provides for a reasonable application of these requirements especially where the public's right to view this information during the selection process has not been unduly impaired. See State Ethics Commission v. Boards of Election in Allegheny County, et. al., No. 1266 C.D. 1981 where candidates failing to file a Statement of Financial Interests up through the primary election were removed from the general election ballot. See also State Ethics Commission v. Baldwin, Pa. , 445 A.wd 1208 (1982). In addition, previous Ethics Commission decisions have also recognized the need for judicious application of the law unless there is reason to believe that the delay in filing the Statement of Financial Interests was caused by a conscious action of the public official or the public employee in an attempt to conceal or realize personal, financial gain or some other special advantage in being a candidate for officeholder. Your failure to file was in violation of the State Ethics Act. Your reason for not filing is not sufficient justification for such failure and as a public official, you should be more sensitive to the requirements of the law. Your neglect in failing to file, however, was not occasioned by an attempt to hide any conflict of interest or source of income as such and in light of the fact that you have now filed, we will take no further action. C. Conclusion: Alth violated Section 4(b) and 4(e)(2) of the State Ethics Act and Section 4.2(c) of the State Ethics Commission regulations, the Statement of Financial Interests are now available at the State Ethics Commission and the offices of your governmental body. The Commission will take no further action on this matter. • � Mr. Bernard M. Cirota Page 4 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 F.S. 409(e). By the Commission, RrA2 10 G. Sieber Pancoast Chai rman