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HomeMy WebLinkAbout582 MillerMr. L. W. Miller 176 Armour Drive Washington, PA 15301 Re: 86 -163 -C Dear Mr. Miller: J >� STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 582 DATE DECIDED: July 21, 1987 DATE MAILED: July 28, 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 North Franklin Township Supervisor, violated Section 4(a) of the Ethics Act which states that each 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 and Section 4.4(b) r::iich states that incumbent public officials in other governmental bodies who are not candidates shall file their Statement of Financial Interests only with their governmental body, in that you failed to file Statements of Financial Interests in 1981, 1983, 1984, and 1985. A. Findings: 1. You serve as an elected township supervisor in North Franklin Township, Washington County, Pennsylvania. a. You served in this position from January 1, 1980 through December 1985. b. You are currently filling out the unexpired term of a supervisor who resiyned from office. 2. Statements of Financial Interests were on file for you at the office of the North Franklin Township secretary's office for 1984. a. Statements for other township officials and employees were filed with the township secretary /treasurer. 3. You advised that the Statements of Financial Interests for township supervisors were maintained by the Township Solicitor, George Retos. Mr. L. W. Miller Page 2 a. You stated that Mr. Retos was appointed to maintain the statements. b. You stated that you filed the form every year but never checked to see if copies were on file with the township. 4. Mr. Retos the township solicitor maintained Statements of Financial Interests which had been filed by you for the years 1979 -1986. (Except for 1982 regarding your financial interests for calendar year 1981.) a. No statement for 1982 could be found. b. Mr. Retos advised that he maintained these statements for township supervisors because in the past certain records had been missing from the township building. 5. You received income from the township in each year of service as follows: 1980 - $425.00 1981 - $925.00 1982 - $325.00 (2 quarters) 1983 - $375.00 (1 quarter) 1984 - $650.00 1985 - $625.00 6. You failed to list North Franklin Township as a source of income in excess of $500.00 in all years for which you 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. (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 Mr. L. W. Miller Page 3 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. (b) 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 North Franklin Township you are within the purview of the above provisions of the State Ethics Act. Pennsylvania State Association of Supervisors v. Thornburgh, 496 Pa. 324, 437 A.2d (1981); Welz, 86 -001. The Ethics Act defines public 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. Your position as 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 Ethics Act provides penalities for failure to file a Statement of Financial Interests as follows: (ir. L. W. Miller 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 F.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 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, while the Statements of Financial Interests that you filed in your position of township supervisor, were not on file with the township secretary /treasurer as were statements other township employees, they were in the possession of the township solicitor. The solicitor produced all of the Statements of Financial Interests for you except for the statement that was to be filed by May 1, 1982. No statement for that year could be found. Additionally, . it is noted that Statements of Financial Interests must include the identification of sources of income in excess of $500.00. 65 P.S. §405(5). A review of the Statements of Financial Interests on file for you indicates that in 1981, 1984, 1985, you had income from North Franklin Township in excess of $500.00. The township, however, was never reported as a source of income on your Statements of Financial Interests for those years. Such would have been required under the provisions of the State Ethics Act. As a result of the foregoing, your failure to file a Statement of Financial Interests for the year 1982 was a violation of the State Ethics Act. Mr. L. W. Miller Page 5 Additionally, your failure to list North Franklin Township as a source of income in excess of $500.00 is a technical violation of the State Ethics Act. A review of the instant situation, however, does not reveal any intent in your failure to file the Statements of Financial Interests or to list North Franklin Township on your statements. We do, however, believe that amended filings should be made and you must file a Statements of Financial Interests for 1982. C. Conclusion and Order: As a Township Supervisor you are a public official subject to the provisions of the State Ethics Act. You are, therefore, required to file a Statement of Financial Interest. Your failure to file a Statement of Financial Interests for calendar year 1982 is a violation of the State Ethics Act. Your failure to list North Franklin Township as a source of income in excess of $500.00 on your Statements of Financial Interests for 1981, 1984 and 1985 is also a violation of the State Ethics Act. You are hereby ordered to file a Statement of Financial Interests for 1982 indicating your financial interest for calendar year 1981. You similarly must file amended Statements of Financial Interests for the aforementioned calendar years listing North Franklin Township as a source of income in excess of $500.00. Upon the filing of these statements, we will take no further action in relation this matter. Said statements must be filed with this Commission within 30 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, st!Y. i t:4 t's•' )6.)4;64.4".112-4t. G. Sieber Pancoast Chairman