Loading...
HomeMy WebLinkAbout509 BurnsMr. Richard Burns Box 365 Rogersville, PA 15359 Re: 86 -013 -C Dear Mr. Burns: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 509 DECIDED. 2 0 1986 MAILEDA 6 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 Constable in Center Township, 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 were not an announced candidate in the 1985 primary election but did receive enough votes to be nominated for the general election. 2. After being notified that you were the winner of the primary election, you contacted the county election office to have your name removed from the general election ballot but it was too late to do this. a. Someone in that office advised you simply not to be sworn in and not to pay the bond. You have not taken the loyalty oath and have never served as a constable. Mr. Richard Burns Page 2 3. You did not act on the notification of the Ethics Commission because you had not taken office. 4. The County Clerk ct Courts Office confirms that you are not bonded and not serving as a constable. 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 fi nanci al i nterests for the precedi ng 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). 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 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: §4.2.Candidates. (d) Write -in winners shall comply with the followi ng: (1) Write-in winners of nomi nations 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). While you were successful as a write -in candidate for the nomination of constable you, in fact, never took the oath of office and as a result, have not served as Constable. You did, however, continue in the election process Mr. Richard Burns Page 3 even though you never took the oath of office. You, therefore, would have been required to file a Statement of Financial Interests as a candidate. You did try, however, to have your name removed from the general election ballot. In light of the fact that you did not run for the constable position and did not want to be a candidate in the general election, we will take no further action in this matter. C. Conclusion: There is no violation of the State Ethics Act where a write -in winner of the office of constable did not want to be a candidate, attempted to have his name removed from the ballot and never xook the oath of office or assumed the duties of that position. 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, _, G. Sieber Pancoast Chairman