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