Loading...
HomeMy WebLinkAbout538 ArterMr. Edward A. Arter, Jr. 7101 Chamhers H i l l Roars Harrishurg, PA 17111 Re: 86-156-C near Mr. Arter: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 0RDER OF THE COMMISSION Order No. 538 DECIDEDNIV MAILED►1 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 candidate for Auditor in Valley Hi Rorough, violated Section 4(e)(2) of the Ethics Act and 4.2(c) of the State Ethics Commission regulations which provide that announced write -in candidates for puhlic office shall file a-Statement of Financial Interests with the Commission and the governing authority of that political suhdivision in which he is a candidate within 15 days of declaring his candidacy or within half the time hetween the declaration of candidacy and the election, if that period is less than 15 nays; Section 4.2(d1(1) and (2) of the State Ethics Commission regulations which provide that write -in winners of nominations file a Statement of Financial Interests with the Commission and the governing authority of the governmental hody associated with the nomination within 85 days of the General election and write -in winners of elections shall file a Statement of Financial Interests with the Commission and the governing authority of the governmental hody associated with the office to which they are elected 5 days prior to taking the oath of office. A. Findings: 1. Information provided by the Fulton County Roard of Elections identified you as the write -in winner for the position of Auditor for Valley Hi Rorough during the 1985 general election. As a write -in winner for puhlic office, you are subject the the provisions of the State Ethics Act. 2 . Ry certified letter dated march 3, 1985, you were notified by the State Ethics Commission that as a write -in winner of an election, you were required to file a Statement of Financial Interests no later than (5) days prior to taking the oath of office. That letter also contained a Statement of Financial Interests for you to complete. Mr. Edward A. Arter, Jr. Page 2 a. The letter was mailed certified, ( #285 030 038), on March 3, 1986 to your address at P.O. Box 42, Breezewood, Pennsylvania, 15533. The letter was returned to the State Ethics Commission on March 21, 1986 marked "refused" by P.O. Box 42. b. A second notice was sent to you at the above listed address on June 2, 1986. That notice was not returned. 3. By correspondence dated October 1, 1986, you were notified at the previously listed address of the current allegations. 4. Your attorney contacted the State Ethics Commission on October 20, 1986 to inform that you were not a candidate for tax collector in Valley Hi Borough as alleged in the October 1, 1986 letter. a. You were, however, a candidate for the office of auditor. b. The October 1, 1986, letter was amended by letter to you on October 29, 1986 to read that you were a candidate for auditor. c. That letter was sent to your home address at 7101 Chambers Hill Road, Harrisburg, Pennsylvania. 5. Both the Mayor and Secretary of Valley Hi Borough have confirmed that you have taken the oath of office and currently serve as auditor of Valley Hi Borough. 6. Your attorney advised that you would file the required Statement of Financial Interests and requested that forms be sent to him. . a. Forms were mailed to your attorney on October 29, 1986. 7. As of this date, you have not filed a Statement of Financial Interests. B. Discussion: The State Ethics Act provides as follows: 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). Mr. Edward A. Arter, Jr. Page 3 The Regulations of the State Ethics Commission further provide that: §4.2.Candidates. (d) Write -in winners shall comply with the fol 1 owi ng : (1) Write -in winners of nominations 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). (2) Write-in winners of elections shall file a Statement of Financial Interests with the Commission and the governing authority of the governmental body associated with the office to which they are elected 5 days prior to taking the oath of office. 51 Pa. Code 4.2(d). There is no doubt that as a write -in winner for the office of auditor you are within the purview of the above provisions of the State Ethics Act. Faust, No. 235. While it is clear that you were required to file a Statement of Financial Interests pursuant to the State Ethics Act, judicial decisions have established that the timing of such filing may be flexible and that the required filing must be effected during the selection process. State Ethics Commission v. Baldwin, 498 Pa. 255, 445 A.2d 1208, (1982). The purpose, of course, of the timing requirement is to ensure that the information is made available within a sufficient period of time for the public to have meaningful access to it. State Ethics Commission v. Landauer, Pa. Commw. Ct. 496 A.2d 862, (1985). Additionally, 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: Mr. Edward A. Arter, Jr. Page 4 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). 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. 496 A,2d 862, (1985), and has also required public officials and em'oy€es in violation of the Act to return any compensation obtained in violation of the above provision. Metzler, No. 389 -R; Huhn, No. 431. It is clear that attempts were made to contact you by this Commission in order to obtain your filing prior to the initiation of an investigation and the issuance of the instant order. Our origi nal maili ng to you was refused and our second notice remained unanswered. Your knowledge of the filing requirement, however, was later evidenced by the fact that you obtained an attorney to represent you in this matter. Your attorney was also advised as to the filing requi rement and indicated that you woul d be filing i n accordance with the provisions of the State Ethics Act. While Statements of Financial Interests were forwarded to him for your completion, you still, to date, have not filed a Statement of Financial Interests with this Commission. As such, it is the decision of this Commission that you have violated the State Ethics Act and that you continue to remain in violation of the State Ethics Act. Your decision not to file is clearly one that is based upon intent and, therefore, we have no alternative but to refer this matter to an appropriate law enforcement authority for further review and possible prosecution. Mr. Edward A. Arter, Jr. Page 5 Additionally, we order that you file a Statement of Financial Interests within 15 days of the date of this order. C. Conclusion: You violated the State Ethics Act by failing to file a Statement of Financial Interests after being continually notified of the requirement to do so. Your continued refusal to file is a direct violation of that law and, as such, this matter will be referred to an appropriate law enforcement authority for further review. You are hereby ordered to file a Statement of Financial Interests within 15 days of the date of this order. 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, J . .rs,t try kS a --,e- G. Sieber Pancoast Chairman