Loading...
HomeMy WebLinkAbout545 EilerMr. Girard Eiler R.D. #1, Box 289 Petrolia, PA 16050 Re: 86 -157 -C Dear Mr. Eiler: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 545 DECIDEDDEC 19 1986 MA I LED J N 5 1987 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 based are as follows: I. Allegation: That you, a candidate for Assessor in Parker Township, violated Section 4(e)(2) of the Ethics Act and 4.2(c) of 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)(1) and (2) of 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 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. A. Findings: 1. You were a write -in winner for the office of Township Assessor in Parker Township, Butler County, Pennsylvania. 2. You won this position in the November, 1985 general municipal election. 3. You were not an announced write -in candidate. 4 . In November of 1985, the Butler County Board of Elections notified the State Ethics Commission that you were a write -in winner in the 1985 general election. Mr. Girard Eiler Page 2 5. On March 6, 1986, the State Ethics Commission notified you by certified letter, (No. P 285 030 172), that as a write -in winner, you would be required to file a Statement of Financial Interests in accordance with the provisions of the State Ethics Act and the regulations of the State Ethics Commission. 6. You received that letter on '1 10, 1986, as evidenced by the returned receipt which you signed. 7. You did not respond to the letter of March 3. 1986. 8. On October 1, 1986, you were notified y the State Ethics Commission that an investigation was being conducted into your failure to file a Statement of Financial Interests in accordance with the provisions of the State Ethics Act. 9. On October 14, 1986, the State Ethics Commission received notification from you that you had not run for the office of township assessor and that you did not accept the position even though you had been successful as a write -in winner. You indicated that the reason for not accepting the position was due to your health. 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 co later than May 1 of each year that he holds such a position and of ti:e year after he leaves such a position. 65 P.S. §404(a). The Regulations of the State Ethics Commission further provide that: §4.2.Candidates. (d) Write -in winners shall comply with the following: Mr. Girard Eiler Page 3 (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 candidate for the position of township assessor for Parker Township, Butler County, Pennsylvania, you were within the purview of the above provisions of the State Ethics Act. 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. As can be clearly observed from the above provisions of the State Ethics Act, as an unannounced write -in winner, you would have been required to file a Statement of Financial Interests in accordance with the provisions of the State Ethics Act, prior to taking the oath of office. However, in the instant situation, you never took the oath of office. You did not actively campaign for the position of township assessor and once you won that position, you did not accept the position and never took the oath office.- As such, you did not violate the State Ethics Act. You would not have been required to file a Statement of Financial Interests as you never accepted the position as a write -in winner. C. Conclusion: You did not violate the State Ethics Act. Our finding is based upon the fact that as an unannounced write -in winner, you did not take the oath of office and would not have been required to file a Statement of Financial Interests. 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. Mr. Girard Eiler Page 4 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, p G. Sieber Pancoast Chairman