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HomeMy WebLinkAbout611 MoyerMr. Edwin (toyer 1747 Ridgewood Drive Washington, PA 15301 Re: 86- 162 -C STATE ETHICS'. COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANJA 17120 . ORDER 'OF THE COMMTISSION Order No. 611 DATE DECIDED: October;,14, 1987 DATE MAILED .:',EFctober:' 20;1.987 Dear Mr. Moyer: 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 Interests only with their governmental body, in that you failed to file Statements of Financial Interests in 1983, 1984, 1985 and 1986. A. Findings: 1. You served as a Township Supervisor in North Franklin Township, Washington County, Pennsy 1 vani a . a. You served in this position for approximately 10 years. b. You also served as Chairman of the Board of Supervisors. c. You resigned from the township board of supervisorsin January, 1986. 2. No Statements of Financial Interests were on file for you -at the office; of the North Franklin Towns.hip'Secretary. n Moyer Page,=2" a. Statements for other township .officials and-jempl were • filed with the township secretary /treasurer. 3. You advised that the Statements of Financial Interests were forwar_ded °, the Township Solicitor, George Retos. 4. Mr. Retos, the township solicitor, has Statements, of Financial Interest5.s which had been filed by you for the years 1982 -1985. a. No statements for 1980 or 1981 could be found. b. You forwarded a copy of your 1986 Statement of Financial:llrlter. sts to: the State Ethics Commission. c.. Mr. Retos advised that he maintained these for township supervisors; because, in the past, certain records had been missing from the township building. 5. You received income -from the township_as ,follows: 1979: $575.00 1980: $450.00 1981: $1000.00 1982: $675.00 1983: $1,100.00 1984: $925.00 1985: $850.00 6.• Your Statement of Financial Interests ,for year 1985 _dated Aprj1. 30, ,1986 fails to list North. Franklin Townsni;p,as _a_ source of -income _in excess of.,W0.:, 7. Your Statements of Financial Interests for calendar years 1984 . (dated,. March 27, 1985) and 1985 (dated April 3, 1980) indicate your occupation or profession as .an .assistant principal in the Trinity Area School District. a.:. Your Statements, however, fail to list the School District as :,a source of . income in :excess of $500 in these years. B. Discussion:;- The_State Ethics Act provides as follows: Section °4. Statement of financial interests required ,to be filed., (d) Each-. public :employee employed by the Commonwealth shall ?f fle a ; statement of financial interests :for-the- Mr.. Edwin Moyer Page 3 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 1 (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. Comm. Ct. 160, 424 A.2d 968, (1981); Carter, 79 -066. Mr. Edwin Moyer Page 4 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. 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 statements for 1980 and 1981. No statements for these years 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 1986, 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 Statement of Financial Interests for that year. Such would have been required under the provisions of the State Ethics Act. Mr. Edwin Moyer Page 5 It should also be noted that in 1984 and 1985, your statements did not list the Trinity Area School District as a source of income in excess of $500. As a result of the foregoing, your failure to file a Statements of Financial Interests for the years 1980 and 1981 was a violation of the State Ethics Act. Additionally, your failure to list North Franklin Township and Trinity Area School District as sources 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 Statements of Financial Interests for 1981 and 1981. 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 1980 and 1981 is a violation of the State Ethics Act. Your failure to list North Franklin Township and Trinity Area School District as a source of income in excess of $500.00 on your Statements of Financial Interests for 1986, 1984 and 1985 is also a technical violation of the State Ethics Act. You are hereby ordered to file a Statement of Financial Interests for 1980 and 1981 indicating your financial interest for the preceding calendar years. You similarly must file amended Statements of Financial Interests for the aforementioned calendar years listing North Franklin Township and Trinity Area School District 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, !I -Cs• - G. Sieber Pancoast Chairman