HomeMy WebLinkAbout511 UilkemaMr. Jarl. R. Uilkema
85 East Ridge Street
Carlisle, PA 17013
Re: 86 -045 -C
Dear Mr. Uilkema:'
A. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 511
DECIDEDAUG 20 1986
MAILED _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. Alle ation: That you, Mr. Jarl Uilkema, intentionally violated Section
4(b) and 4 e 2) of the State Ethics Act which requires that candidates for
public office file a Statement of Financial Interests and 4(d) which prohibits
a public official from taking the oath of office, entering or continuing upon
your duties, or receiving compensation because you were a candidate and took
office without filing a statement despite notice by certified mail from the
State Ethics Commission.
1. You were a candidate for constable in the 1985 primary election. You were
nominated in that election and also won the general election.
2. Your Statement of Financial Interests was not on file with the State
Ethics Commission and the following actions were taken:
a. On October 5, 1985, a certified letter was sent to you notifying you
of your obligations.
b. The State Ethics Commission received an acknowledgement receipt dated
November 7, 1985 for that delivery.
3. There was no other response to that certified letter and the Commission
initiated an investigation. You were contacted on July 28, 1986 and stated
the following:
a. You have not been sworn in but you did work at the election polls
during the 1986 primary and earned approximately $40.
Mr. Jarl R. Uilkema
Page 2
b. You acknowledge receiving the Commission letter but believed that you
did not have to file because you had not yet earned money from the
position.
4. Records confirm that you have not yc,t been sworn in as constable.
B. Discussion: The State Ethics Commission Act generally proviacs as
follows:
Section 4. Statemet 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 election official unless the petition
includes an affidavitithat the candidate has filed the
required statement of financial interests with the
commission. 65 P.S. 404(b).
(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).
As a candidate in both the primary and general erections in 1985, you are
required to file your Statement of Financial Interests in accordance with the
State Ethics Act. You were successful in both elections, however, you never
took the office of Constable and have not assumed your duties for that
position. The fact that you have not assumed your duties, however, does not
negate the fact that you were required to file a Statement of Financial
Interests as a candidate. To date, no filing has been made with the State
Ethics Commission and you remain in violation of the State Ethics Act. The
State Ethics Commission may make recanmendations to law enforcement
authorities with charges arising out of violations of the State Ethics Act.
65 P„S. Section 407.11. The penalties for failure to file are set forth in
the State Ethics Act and provide as follows:
Mr. Jarl R. Uilkema
Page 3
Section 9. Penalties.
(b) Any person who violates the provisions of Section 4 is
guilty of a misdemeanor and shall be fined not more than
$1,000 or imprisoned for not more than one year, or be
both fined and imprisoned. 65 P.S. 409(b).
In the instant situation, we believe that you must file your Statement of
Financial Interests with the State Ethics Commission or we will refer this
matter to the appropriate law enforcement authority in accordance with the
above. Upon the filing of the Statement of Financial Interests with this
Commission, we will close our file and take no further action in this matter.
C. Conclusion: Your failure to file a Statement of Financial Interests as a
candidate in the 1985 primary and general elections was a violation of the
State Ethics Act. To date, you have not filed your Statement of Financial
Interests. You must, within 15, days of the date of this order, file a
Statement of Financial Interests with the State Ethics Commission. Failure to
do so will result in the referral of this matter to the appropriate law
enforcement authorities. Upon the filing of the Statement of Financial
Interests with this Commission, we will close our case and take no further
action in this matter.
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
Enclosure (SFI)