HomeMy WebLinkAbout531 Cumberledgea. 199n - $994.5n
h. 1981 -" $938.50
c. 1982 - 4Rn1.75
d. 1981 - 8938.50
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 531
Charles W. Cumherl edge
c/o Donald J. Nicolls, Esquire
Ralph, Nicolls, Mitsos, Flannery R Motto
462 First National Rank Ruilding
New Castle, PA 16101 -3758
DECIDEDOCT 21 1986
MAI LED 6
Re: 86 -n51 -C
near Mr. Cumherledge:
The 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 hased are as follows:
I. Allegation: That you, a supervisor in Union Township, Lawrence County,
violater) Section 5(h)(5) of the Ethics Act, which requires the reporting of
a "rl sources of income of $50n.nf or more by failing to report Union Township
as a source of income on Statements of Financial Interests for calendar year
1980, 1981, 1982 and 1983.
A. Findings:
1. You served as a Union Township Supervisor from 1972 until December 31,
1985. As an elected puhlic official, you were subject to the provisions of
the E t h i c s Act
2. Form ►,I -2, Wane and Tax Statement, on file at Union Township disclnca you
were paid the following amounts in relation to your position as township
supervisor for attending meetings and read inspections.
i:h a rl es W. Cumhe rl ed ge
Page 2
3. You filed Statements of Financial Interests with Union Township as
fol lows:
a. For the 1980 calendar year on Fehruary 23, 1981.
h. For the 1981 calendar year on March 15, 1982.
c. For the 1982 calendar year on March 3, 1983.
d. For the 1983 calendar year on Fehruary 27, 1984.
4 . On each of the forms listed in Finning 3(a) to (r1) on line 15, direct or
indirect sources of income you listed Shenango Steel Erectors.
5. You staed that since you were completing the Statement of Financial
Interests as a supervisor, you did not feel it was necessary to report the
township as a source of income.'
6. 0n May 12, 1986, you submitted an amended Statement of Financial Interests
to the State Ethics Commission for the 1980, 1981, 1982 and 1983 calendar
years disclosing Union Township as a source of income.
R. niscussion:
The State Ethics Act provides:
Section 5. Statement of financial interests.
(h) The statement shall include the following information
for the prior calendar year with regard to the person
required to file the statement and the memhers of his
immediate family:
(5) The name and address of any person who is the
direct or indirect source of income totalling in
the., aggregate of $5UU or more. However, this
provision shall not he construed to require the
divulgence of confidential information protected
by statute or existing professional codes of
ethics.
Charles W. Cumherl edge
Page 3
We received your amended Statement of Financial Interests on May R, 1986,
and it listed Union Township as a source of income. Although the original
statement was deficient, the Commission will accept the amended version. A
copy is heing forwarded to Union Township.
We found no intent on your part to dece'; ve or conceal information. It is
puhlic knowledge that you are a Supervisor in Union Township and receive
income as a supervisor. While these circumstances do not relieve you of your
responsibility to file a complete and accurate statement, we are convinced
that they demorrtrate that your failure to file was not intentional. The
information is now availahle to the puhlic and we will take no further action.
See, nriskel, No. 386.
C. Conclusion: Q1though you violated Section 5(h)(5) of the State Ethics
Act, the amended and original Statements of Financial Interests are available
for puhlic inspection and there was no intent to deceive or conceal
information. The Commission will take no further action on this matter.
Our files in this case will remain confidential in accordance with
Section R(a) cf the Ethics Act, 65 P.S. 4nR(a). However, this Order is final ,
and will he made i.vailahle as a puhlic document 15 days after service (defined
as moiling) 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 pe .i od, 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 Rl ,nnn or
imprisoned for not more than one year or hoth, see 65 P.S. 4O9(e).
Ry the Commission,
r, Sieher Pancoast
Chairman