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HomeMy WebLinkAbout627 RudelitchMr. John Rudelitch R.D. #6, Box 45 Lehighton, PA 18235 Re: 87 -042 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 627 DATE DECIDED: 12/14/87 DATE MAILED: 12/28/87 Dear Mr. Rudelitch: 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 Mahoning Township Supervisor and candidate for re- election, 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 p- receding calendar year with the Commission prior to filing a petition to appear on the ballot for election as a public official and Section 4(e)(2) of the Ethics Act and 4.2(b) of 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 when you failed to file a Statement of Financial Interests prior to filing a nomination petition; and Section 5(b)(5) which states that the Statement of Financial Interests filed pursuant to this act shall be on a form prescribed by the Commission and shall be signed under' penalty of perjury by the person required to file the statement when you failed to list Mahoning Township as a source of income over $500. A. Findings: 1. You'have served as a Mahoning Township Supervisor fror,i 1982 to presehc. a. You had previously served in that position for a period of time in the late 1970's to the early 1980's. 2. You were a candidate for township supervisor, in Mahoning Township in the May 19, 1987, primary election. Mr. John Rudelitch Page 2 3. Your petition for the May 19, 1987 primary election was filed on March 2, 1987 with the County Board of Elections. 4. The last day for the filing of nomination petitions for that election was March 10, 19 87 . 5. Records of the State Ethics Commission reveal that a Statement of Financial Interests, regarding your interests for calendar year 1986, was received on March 11,1987. a. This statement was dated February 25, 1987. b. This statement was filed as a result of your candidacy for township supervi sor. c. You listed "none" in the following categories: () Di rect or i ndi rect source of income ii) Gifts (iii) Honoraria (iv) Office or directorship or employment in any business (v) Financial interest in any legal entity in business for profit 6. Two Statements of Financial Interests were on file for you at the Mahoning Township offices for calendar year 1986. a. One statement dated February 25, 1987, was identical to the statement on file with the State Ethics Commission but had the following notation in the category "direct or indirect source of income": (i) John A. Rudelitch Construction Box 45 R.D. #6 Lehighton, PA 18235 " Township Supervisor () "Correction from February 25, 1987 ". b. A second statement dated April 16, 1987, had the following notation: Mr. John Rudelitch Page 3 c. That statement also contained the following information: (1) Direct or i ndi rect source of income : Mahoning Township, R.D. #1 Lehighton, PA 18235 Self -empl oyment (construction) R.D. #6 Box 45 Lehighton, PA 18235 (ii) Office or directorship or employment in any business: "$100,000 - Owner" 7. You provided the following information regarding the instant situation: a. You did not file your Statement of Financial Interests prior to filing your nomination petition. b. You filed this petition at the Carbon County Courthouse on February 25, 1987. c. You dated your Statement of Financial Interests for the same date. d. You contacted the State Ethics Commission and were advised to list all sources of income in excess of $500 for the year but that you did not have to list specific amounts. e. You mailed your Statement of Financial Interests to the State Ethics Commission on or about February .26, 1987. f. On or about March 5, 1987, you brought your Statement of Financial Interests to the township building. g. At this time you listed under item 11 your construction business 1 ncome. h. You stated that you delayed your local filing because you were considering the necessity of listing income from certificates of deposit. You later learned that this need not be listed in that the income was less than $500. 1. On April 16, 1987, you filed a second Statement of Financial Interests listing the items outlined in Finding 5(c). Mr. John Rudelitch Page 4 6. Discussion: The State Ethics Act provides as follows: Section 4. Statement of financial interests required to be tiled h (b) Each candidate for public orrice snail file 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. A petition to appear on the ballot shall not be accepted by an election official unless the petition includes an affidavit that the candidate has filed the requi red statement of f i nanci al i nterests wi th the commission. 65 P.S. 404(b). 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). Section 5. Statement of financial interests. (b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement and the members of Lis immediate family: (5) The name and address of any person who is the direct or indirect source of income totalling in the aggregate of $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. 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. John Rudelitch Page 5 There is no question that as a Mahoning Township Supervisor and candidate for re- election you are within the purview of the above provisions of the State Ethics Act. 65 P.S. §404. 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 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 ch4rges 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. John Rudel i tch Page 6 - 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, although you were required to file the Statement of Financial Interests prior to filing your nominating petition, it is noted that you did file the statement which was received by the Commission on March 11, 1987 and further that you filed two statements with the Mahoniny Township offices, the first of which was dated February 25, 1987 and the second of which was dated April 16, 1987. Although the first statements which were filed with Mahoning Township did not list your income from said township, that information was supplied in the second statement which had the notation "correction from February 25,1987." Since the "correct[ed]" statement was filed with the township approximately one month prior to the election, it would seem that the public voters did have sufficient time to have meaningful access to the information prior to the election. Further, there is no evidence to establish that the omission of the income from Mahoning Township occurred as part of a C onscience action or attempt on your part to conceal any information. Thus, while there was a technical violation of the Ethics Art, we will take no further action in relation thereto. C. Conclusion and Order: 1. As a supervisor for Mahoning Township and candidate for re- election, you are a public official and candidate subject to the provisions of the Ethics Act. 2. There was a technical violation of Sections 5(b)(5), 4(b) or 4(e)(2) of the Ethics Act, however, we will take no further action in relation to this matter. 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. Mr. John Rudeli tch Page 7 — r 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, G. Sieber Pancoast Chai man