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HomeMy WebLinkAbout575 JamesMr. V. Joseph James Vine Road Extension St. Marys, PA 15857 Re: 87 -092 -C Dear Mr. James: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 575 DATE DECIDED: July 21, 1987 DATE MAILED: July 28, 1987 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. Allegation: That you, a candidate for Benzinger Township Supervisor, violated Section 4(e)(2) of the Ethics Act and 4.2(b) of the Ethics Commission regulations which provides that candidates for local public office shall file a Statement of Financial Interests with the State Ethics Commission and the governing authority of the political subdivision in which he is a candidate prior to filing a petition to appear on the ballot, in that prior to the 1987 primary election, you failed to file a Statement of Financial Interests with . the township. A. Findings: 1. You were a candidate for Benzinger Township Supervisor during the 1987 primary election. You also were 'a candidate for St. Marys Area School Board Director. As a candidate for public office, you are subject to the provisions of the Ethics Act. 2. The Benzinger Township Manager confirmed that as of June 10, 1987 you had not filed a Statement of Financial Interests with the municipality. a. The manager also confirmed that on June 11, 1987 and June 18, 1987 you did file with the township. 3. Records of the State Ethics Commission confirmed the following: a. You were a candidate for Benzinger Township Supervisor. Mr. V. Joseph James Page 2 b. You did not file a Statement of Financial Interests with the Commission by the March 10, 1987 deadline. c. You were notified by letter dated April 13, 1987 from the Executive Director John Contino that you had not filed. You were given ten (10) days from the date of that letter to file. d. On April 16, 1987 the State Ethics Commission received a Statement of Financial Interests from you. 4. You provided the following information to a State Ethics Commission investigator on June 11, 1987: a. You were a candidate for both Benzinger Township Supervisor and St. Marys Area School Board. b. Questions were raised by the Elk County Board of Elections regarding your candidacy for two (2) elected offices. As a result you did not immediately file the form. c. You were subsequently notified by the County Board that you could seek both offices. d. You forgot to file the Statement of Financial Interests until receiving a notice from the State Ethics Commission. You did file with the Commission but failed to file with the governing bodies. f. You would file with both governing bodies. g. You did not intentionally violate the Ethics Act, but believed your non- filing was attributed in part to questions about your candidacy. 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. V. Joseph James Page 3 The Regulations of the State Ethics Commission further provide that: §4.2.Candidates. (b) Each candidate for local office shall file a Statement of Financial Interests with the Commission and shall file a copy of the Statement with the governing authority of that political subdivision for which he is a candidate prior to filing a petition to appear on the ballot. 51 Pa. Code 4.2(b). There is no doubt that as a candidate for Benzinger Township Supervisor and St. Mary's Area School Board Director you are within the purview of the above provisions of the State Ethics Act. 65 P.S. §404(e)(2). While it is clear, that as a candidate, 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: 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). Mr. V. Joseph James Page 4 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 emloyees in violation of the Act to return any compensation obtained in violation of the above provision. Metzler, No. 389 -R; Huhn, No. 431. Factually, the Benzinger Township Manager confirms that you filed your Financial Interests Statement with the municipality. After receiving notification from the Executive Director of this Commission that you had not filed, you did file here within the the thirty (30) day time limit. You state that Lecause you were a candidate for two positions, there were questions concerning your candidacy and consequently, your non - filing can be attributed to that situation. You state that you did not intentionally violate the Ethics Act. You state that you will also file with both governing bodies. Since it does not appear that the failure to file initially with the Commission and with both governing bodies was of an intentional nature or that the failure was prompted by a desire to hide any particular financial interest, this Commission will take no further action in light of the fact that you have, in fact, filed the Financial Interests Statement with this Commission provided that you also file your Financial Interests Statement with both governing bodies within thirty (30) days of the date of this order. C. Conclusion and Order: As a candidate for the Benzinger Township Supervisor and St. Mary's Area School Board Director, you were required to file a Statement of Financial Interests pursuant to the Ethics Act. Your failure to file was a violation of the requirements of the State Ethics Act. You have filed the Statement of Financial Interests with the Ethics Commission. You are ordered to file the Statement of Financial Interests with both governing bodies within thirty (30) days of the date of this order. Upon receipt of those statements, this Commission will take no further action, based upon the fact that there is no evidence to indicate that your failure to file was either intentional or constituted an attempt to conceal any financial interest. Mr. V. Joseph James Page 5 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