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HomeMy WebLinkAbout588 BlumerMr. Frank Blumer 1725 Ridgewood Drive Washington, PA 15301 Re: 86 -161 -C Dear Mr. Blumer: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 588 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) which states that incumbent public officials in other governmental bodies who are not candidates shall file their Statement of Financial Intersts only with their governmental body, in that you failed to file Statements of Financial Interests in 1981, 1984, 1985, and 1986. A. Findings: 1. You serve as a township supervisor in North Franklin Township, Washington County, Pennsylvania. a. You have served in this position for 26 years. b. You are chairman of the board of supervisors. 2. Statements of Financial Interests were on file for you at the office of the North Franklin Township secretary's office for 1979, 1981 and 1982. a. Statements for other township officials and employees were filed with the township secretary /treasurer. Mr. Frank Blumer Page 2 3. You advised that the Statements of Financial Interests for township supervisors were maintained by the Township Solicitor, George Retos. a. You advised that Mr. Retos wanted to ensure that the forms were filed. 4. Mr. Retos, the township solicitor, maintained Statements of Financial Interests which had beer, filed by you for the years 1979 -1980; and 1983 -1986 inclusive. a. Mr. Retos advised that he maintained these statements for township supervisors because, in the past, certain records had been missing from the township building. 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. (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--0a1. Mr. Frank Blumer Page 3 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 penalties 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). 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). Mr. Frank Blumer Page 4 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. Although the Statements of Financial Interests for the years 1979 through 1982 were on file at the North Franklin Township secretary's office, the statements for other years were not filed at that location. The township solicitor, however, did maintain Statements of Financial Interests which had been filed by you for the years 1979 through 1980 and for the years 1983 through 1986 inclusive. These statements represent all of the filings that would have been required by you. As a result of the foregoing, there is no violation of the State Ethics Act. It is the suggestion of this Commission, however, to you as chairman of the board of supervisors for North Franklin Township, Washington County, that while there is no prohibition upon maintaining copies of these Statements of Financial Interests for township supervisors with the solicitor, those statements should also be maintained at the office of the township secretary where the statements for all other officials and employees are maintained. Filing of copies of your statements at this location will ensure that such documents are readily available for public access during normal working hours. C. Conclusion and Order: There is no violation of the State Ethics Act as you filed Statements of Financial Interests in each of the years in which you were required to do so. It is the recommendation of this Commission to you, as chairman of the board of township supervisors for North Franklin Township, Washington County, Pennsylvania that Statements of Financial Interests for all public officials and employees of the township be maintained in a central location. While there is no prohibition upon the township solicitor maintaining duplicate copies of the Statements of Financial Interests for township supervisors, such statements should also be located at the office of the township secretary so as to facilitate public access to said documents during normal working hours. 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 this1Tr ec7, may violate this confidentiality by releasing, discussing or circulating this Order. Mr. Frank Blumer Page 5 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). Bpy, the Commission, Sv .O.cieen- ect/vt -mot G. Sieber Pancoast Chairman