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HomeMy WebLinkAbout537-R CroopMr. James S. Croop P.O. Box 184 Hunlock Creek, PA 18621 JJC /na cc: Public Binder STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 January 30, 1987 Re: Order No. 537 -R, File 86 -125 -C Dear Mr. Croop: On January 29, 1987, the State Ethics Commission received your payment for reimbursing Hunlock Creek Township as required by Order 537 -R. We have forwarded your check in the amount of $300.00 to the township. This letter will be part of the Order and a public record as such. Sinc ohn J ont`F'no Acr g Executive Director Mr. James S. Croop P.O. Box 184 Hunlock Creek, PA 18621 Re: 86 -125 -C STAT= ETHCS COMMISSION 3Co FINANCE BUILDING HARRIS =:;R-G PENNSYLVANIA 17120 ORCER OF THE COMMISSION 3rd.Er No. 537 -R D_CIL_D DEC 19 1986 ? L"_: ,IAN 5_197 Dear Mr. Croop: The Ethics Commission has recEtved a complaint regarding you and a possible violation of Act 170 of 1 ='8. The Commission has now completed its investigation. The individua' a M iations, conclusions, and findings on which those conclusions are based Ere as follows: I. Allegation: That you, a :-Jnlo:: Township Supervisor, violated Section 4(e)(2) which provides that ay carsidate for local office shall file a Statement of Financial Interim :s a+ :h the Commission pursuant to this act and shall file a copy of that sta emery. with the governing authority of the political subdivision in whic7 he a candidate and. Section 4,4(b) which states that incumbent public _=fic in governmental bodies who are not candidates shall file their S atemEnt of Financial Interests only with their governmental body. A. Findings: 1. You serve as an elected t i - p supervisor in Hunlock Township, Pennsylvania. 2. You have served in this p•,sitiin since 1985. 3. In 1985, as a candidate for tht office of township supervisor, you filed a Statement of Financial Interests r accordance with the State Ethics Act. You began serving as a township s.Dery sor in Hunlock Township in January of 1986. 4. At the February, 1986 me e ing If the township board of supervisors, the township manager advised all supervisors that they were required to file a Statement of Financial Interes :s -i accordance with the provisions of the State Ethics Act by May 1, 1'= 5. 'ou advised the manager, at that time, that you did not believe that you were •equired to file and that you had already filed a Statement of Financi a ImArests as a candidate for the office of township supervisor. EMS /na STATE ETHICS CC 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 January 5, 1987 Mr. James S. Croop P.O. Box 184 HunlockCr PA 18621 Re: Order 537, File 86 -125 -C Dear Mr. Croop: This refers to the Petition for Reconsideration you presented on December 17, 1986, with respect to the above - captioned Order issued on November 25, 1986, pursuant to 51 Pa. Code 2.38. The State Ethics Commission, having reviewed same, has granted reconsideration and has issued the attached Order No. 537 -R in relation to this matter. Sincerely, ohn J, ino Acti xecuvive Director Mr. James S. Croop Page 2 5. The township manager, at that time, advised you that she would seek further information on this issue. 6. The minutes of the March 4, 1986 meeting of the township supervisors indicate that the township manager advised you that she had checked the filing requirement concerning your question as to whether you were required to file another Statement of Financial Interests for the year 1986. The manager advised you, at that time, that according to the State Ethics Commission, you would be required to file a statement in 1986. 7. You were given a blank Statement of Financial Interests form during that meeting. 8. On April 2, 1986, the township manager forwarded to you a letter advising you of the May 1, 1986 filing deadline. The township manager further enclosed with that letter, a copy of your prior Statement of Financial Interests from 1985. The letter also indicated the toll free number of the State Ethics Commission and advised that if you had any questions regarding the filing requirement, that you should contact that number. 9. You did not file a Statement of Financial Interests by May 1 of 1986. 10. You advised that your failure to file was partially motivated by political concerns. 11. On July 24, 1986, you were advised that the State Ethics Commission was initiating an investigation into your failure to file a Statement of Financial Interests in accordance with the State Ethics Act. 12. On August 11, 1986, the State Ethics Commission received a Statement of Financial Interests from the township manager. This Statement of Financial Interests had been filed by you on August 5, 1986 at the township meeting of that date. 13. You were compensated as a township supervisor for attending eight (8) meetings in 1986 at $25 per meeting. Total compensation paid out to you by the township for service as a supervisor was $200. 14. You state that you have never negotiated any of the checks that you received from the township as compensation. Mr. James S. Croop Page 3 B. Discussion: The State Ethics Act provides as follows: Section 4. Statement of financial interests required to be filed. (a) Each public employee employed by the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency or bureau in which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. 65 P.S. 404(a). The Regulations of the State Ethics Commission further provide that: §4.4.Incumbent and former public officials. (h) Incumbent public officials in governmental bodies other than those specified in subsection (a) who are not candidates shall file their Statement_of Financial Interests only with their governmental body. 51 Pa. Code 4.4(b). There is no doubt that as a Township Supervisor for Hunlock Township you are within the purview of the above provisions of the State Ethics Act. Sowers, 80 -050. The Ethics Act defines puhlic official as follows: Section 2. Definitions. "Public official." Any elected or appointed official in the Executive, Legislative or Judicial Branch of the State or any political subdivision thereof, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense, or to otherwise exercise the power of the State or any political subdivision thereof. "Public official" shall not include any appointed official who receives no compensation other than reimbursement for actual expenses. 65 P.S. 402. Mr. James S. Croop Page 4 Your position as township supervisor clearly falls within the above definition. The filing requirement, as set forth in the Ethics Act has been determined to apply equally to public employees and public officials. Kremer v. State Ethics Commission, 56 Pa. Commw. Ct. 160, 424 A.2d 968, (1981); Carter, 79 -066. The Commission has recognized the need for judicious application of the law and also reviews matters such as the instant situation to determine if the failure to file or delay in filing was occasioned by conscious action or in an attempt to conceal or realize prohibited financial gain or interests. The Ethics Act provides penalities for failure to file a Statement of Financial Interests as follows: 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). (c) Any person who obtains financial gain from violating any provision of this act, in addition to any other penalty provided by law, shall pay into the State Treasurey a sum of money equal to three times the financial gain resulting from such violation. 65 P.S. 409(c). This Commission has been mandated to make recommendations to law enforcement officials either for criminal prosecution or dismissal of charges arising out of violations of the Act. 65 P.S. §409(11). The State Ethics Act also provides that: Section 4. Statement of financial interests required to be filed. (d) No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). Pursuant to this provision of the Act, the Commission has taken action to prohibit candidates who are in violation of the law from continuing in the election process, State Ethics Commission v. Landauer, Pa. Commw. Ct. Mr. James S. Croop Page 5 496 A.2d 862, (1985), and has also required public officials and emloyees in violation of the Act to return any compensation obtained in violation of the above provision. Metzler, No. 389 -R; Huhn, No. 431. In the instant situation, it is clear that you were made aware of the filing requirement as early as February of 1986. This was done during a township meeting where you were advised, along with all other supervisors, of the May 1 deadline. At that time, you questioned whether you were truly required to file especially in light of your prior filing as a candidate in 1985. You expressed your belief that you did not feel that you were required to file. The township manager indicated that she would attempt to determine if, in fact, you were required to file for that year. At the March 4, 1986 meeting of the township board of supervisors, the minutes clearly reflect that you were advised of the filing requirement, and were further advised that the township manager had received information from the State Ethics Commission that you would be required to file as an incumbent township supervisor. Nevertheless, you continued to ignore the filing requirement. At no time did you attempt, on your own, to contact the State Ethics Commission and determine whether you were required to file. Additionally, on April 2, 1986, the township manager forwarded to you a letter enclosing a blank Statement of Financial Interests as well as your prior filing as a candidate. The letter also indicated the toll free number of the State Ethics Commission in case you had any additional questions in relation to this matter. Regardless of all of the information that had been provided to you regarding the filing requirement you, nevertheless, failed to file a statement by May 1, 1986. Indeed, you continued in your failure to file until notified by this Commission that an investigation had been initiated. Your failure to file was clearly intentional in nature. You had the requisite knowledge of the filing requirement yet continued to ignore that requirement. Your actions, in this respect, truly violate the State Ethics Act. Because we believe your failure to file was intentional in nature, we believe that appropriate action should be taken. A review of the matter indicates that you would not have been required to file the Statement of Financial Interests until May 1, 1986. You, therefore, would not have been-in-violation of the law until that time. As noted previously, the State Ethics Commission has required public officials and employees, who are in violation of the Stete Ethics Act and who receive financial gain in violation of the State Ethics Act, to return that compensation. The act further provides for a three times penalty, as noted, supra. We believe that this result is appropriate in the instant situation. You received financial gain in the form of township funds for attending supervisors' meetings. Such compensation is not to be provided to a public official if he has failed to file a Statement of Financial Interests in accordance with the terms of the Act. We, therefore, believe that your receipt of this compensation was in violation of Section 404(d) of the State Mr. James S. Croop Page 6 Ethics Act. As such, three times this amount of money must be returned to the governmental body which you served. Our investigation reveals that you received pay at a rate of $25 per meeting for 8 meetings. Your violation of the law occurred after the May 1 filing deadline and continued into August, 1986. This is a period of four (4) months at $25 per month. This amount of money equals $100 and should be returned to Hunlock Township within 30 days of the date of. this Order. Applying Section 9(c), supra, this amount equals $300. We note that the fact that you did not cash the township checks is not relevant to this matter. You have physical possession of the funds and are free to use them as you see fit. These funds have been taken off the township books and, therefore, must be returned to the township. The above amount should be forwarded to the State Ethics Commission and made payable to Hunlock Township. Upon receipt of these funds, we will take no further action in this matter and our files will be closed. Failure to comply with the terms of this order and failure to make restitution to the township will result in our referral of this matter to the appropriate law enforcement authorities for further review and possible action under the other provisions of the State Ethics Act. C. Conclusion: You clearly violated the State Ethics Act when you failed to file a Statement of Financial Interests in accordance with the terms of the State Ethics Act. Your failure to file, as evidenced by the foregoing facts, was intentional in nature. As a result of your intentional violation of the State Ethics Act, you must remit to the State Ethics Commission an amount equal to three times the financial gain obtained in violation of the. State Ethics Act. As such, payment to Hunlock Township in the amount of $300 must be forwarded to the State Ethics Commission within thirty (30) days of the date of this order. Upon receipt of these funds we will close our files in this matter. Failure to comply will result in our referral of 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 5 business days after service (defined as mailing). Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1000 or imprisoned for not more than one year or both, see 65 P.S. §409(e). By the Commission, Ati .ctiQ.tn� �wwk G. Sieber Pancoast Chairman