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HomeMy WebLinkAbout603 RedickMr. Eric Redick 48 Sheridan Street Wilkes- Barre, PA 18702 Re: 87 -095 -C Dear Mr. Redick: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 603 DATE DECIDED: October 14, 1987 DATE MAILED: October 28, 1987 The State Ethics Commission has received a complaint regarding you and a possible violation cf 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 Wilkes -Barre City 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 with the State Ethics Commission by the March 10, 1987 deadline. A. Findings: 1. You were a candidate for Wilkes -Barre City Council during the May, 1987 Primary Election. As a candidate, you were subject to the provisions of the State Ethics Act. 2. Records of the Wilkes -Barre City Clerk's office disclosed that you filed a Statement of Financial Interests form with that office on March 16, 1987. a. The form bearing your signature was dated February 22, 1987. Mr. Eric Redick Page 2 3. The State Ethics Commission received a Statement of Financial Interests bearing your signature on March 20, 1987. a. The form was dated February 22, 1987. b. The form was postmarked March 17, 1987. 4. You stated as follows: a. You secured the nominating petitions late and did not file them until a few hours prior to the deadline on March 10, 1987. b.. You were told by election bureau that everything was in order. c. You were unaware that the affadavit filed with the nominating petitions states that the Ethics form be filed prior to submitting nominating petitions. d. You filed the Statement of Financial Interests within one week of your nominating petitions. e. You did not intentionally file the Statement of Financial Interests late. 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). 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). Mr. Eric Redick Page 3 There is no doubt that as a candidate for Wilkes -Barre City 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). 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. Mr. Eric Redick Page 4 496 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 above provision. Metzler, No. 389 -R; Huhn, No. 431. Although the Statement of Financial Interests was signed and dated by you on February 22, 1987 it was not filed with the City until March 16, 1987 and with the Ethics Commission until March 20, 1987. However, it does not appear that the late filing was intentional on your part. In this regard, it is noted that you secured your nominating petitions late and did not file them until a few hours prior to the March 10, 1987 deadline. Since you did file the Statement of Financial Interests within one week of your nominating petitions, it does not appear that the late filing was done so in an effort to conceal financial information. Since the Statement of Financial Interests was filed prior to the election process, this Commission will take no further action. C. Conclusion and Order: 1. As a candidate for the Wilkes -Barre City Council, you are required to file the Statement of Financial Interests under the Ethics Act. 2. Your failure to file a Statement of Financial Interests was a violation of Section 4(b) of the State Ethics Act; however, since you have filed a Statement of Financial Interests with the city and this Commission, 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. 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, sti) -114A0 G. Sieber Pancoast Chairman