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HomeMy WebLinkAbout602 JoergerMs. Gertrude Joerger 1017 Burke Street Rockledge, PA 19111 Re: 87 -096 -C Dear Mr. Joerger: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 602 DATE DECIDED: October 14, 1987 DATE MAILED: October 20, 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 Rockledge Borough Council, violated Section 4(b) of the Ethics Act which states that each candidate for public office shall file a Statement of Financial Interests for the preceding calendar year with the Commission prior to filing a petition to appear on the ballot for election as a public official and 4(e)(2) of the Ethics Act and 4.2(b) of the Ethics Commission regulations which provide 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 you failed to file a Statement of Financial Interests as a candidate for borough council. A. Findings: 1. You were a candidate for Rockledge Borough Council during the 1987 Primary Election. 2. Records of Rockledge Borough confirm that you failed to file a Statement of Financial Interests with the municipality. 3. Records of the State Ethics Commission disclosed that prior to the Primary, the Commission' was notified by the Montgomery County Board of Elections that you were a candidate for office. Ms. Gertrude Joerger Page 2 a. Subsequent review of Commission records confirmed that you failed to file a Statement of Financial Interests by the March 10, 1987 deadline. 4. By letter dated April 17, 1987, you were notified by the State Ethics Commission of the filing requirements and the penalties for failing to file. a. That letter enclosed a form and directed that a copy be sent to the State Ethics Commission and that a copy be filed with the political subdivision where you were seeking office. b. The letter also informed that if the State Ethics Commission did not receive your form within (10) days, further action would be taken. 5. Commission records disclose that on May 12, 1987, the Commission received a Statement of Financial Interests from you. The form was dated March 15,1987, the envelope discloses that the form was mailed on May 8, 1987 from Philadelphia. 6. You advised as follows: a. You were a candidate for Rockledge Borough Council. b. You recalled mailing a Statement of Financial Interests to both the State Ethics Commission and the borough. c. You thought the form was timely filed. d. You could not explain why the borough would not have a copy of the form on file. e. You would not intentionally violate the Ethics Act. 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). Ms. Gertrude Joerger 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 Rockledge Borough Council, you are within the purview of the above provisions of the State Ethics Act. Domalakes, 85 -010. 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). Ms Gertrude Joerger 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. Commr. 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 you failed to file the Statement of Financial Interests by the March 10, 1987 deadline, said form dated March 15, 1987 was mailed on May 8, 1987 and received by this Commission on May 12, 1987 after you were notified by letter of April 17, 1987 regarding the filing requirements and penalties for failure to file. Since there is no evidence to establish that your late filing was intentional or that you attempted to conceal certain financial information, this Commission will take no further action. C. Conclusion and Order: 1. As a candidate for Rockledge Borough Council, you are subject to the filing of the Statements of Financial Interests under the Ethics Act. 2. You failure to file a Statement of Financial Interests was a violation of the requirements of the State Ethics Act. 3. Since you have filed a Statement of Financial Interests, no further action will be taken. 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 may violate this confidentiality by releasing, discussing or circulating this Order. Ms. Gertrude Joerger 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). By the p Commission, G. Sieber Pancoast Chairman