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Home My WebLink About641 GritmanMr. Rot -'t E. Gritman P.0. P x 46 West Nicholson Road Nicholson, PA 18446 Re: 87 -030 -C Dear Mr. Gritman: STATE :..fHICS C0Mrii1,SION zoe FINANCE EPA L.DI "JG HARRISBURG, PENNSY' VAS: ' 17120 ORDE2 OF THE COMMISSIC Order No. 641 Da.p r ecided: March 10, lf ` Date Mailed: April 1, 1981 The State Ethics Commission has received a complaint regarding you and possible violation of Act 170 of 1978. The Commission has now complete.:; its irRvestigation The individual allegations, conclusions, and findings on which those conclusions are based are as follows: Allegation: That you, a former Nicholson Township Auditor, violated cccticn 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 " for election as a public official and 4.4(b) of the regulations which states that incumbent public officials in governmental bodies other than the specified in subsection (a) who are not candidates shall file their Statemcni of Financial Interests only with their governmental body, in that you fai;c . to file a Statement of Financial Interests for the 1985 calendar year. A. Findings: 1. You served as an elected township auditor in Nicholson Township, Lackawanna County, Pennsylvania. a. You served in this position from 1981 through January, 1986 b. You resigned from that position in January, 1986. 2. You currently serve as a School Director with the Lackawanna Trail Schoc" District, Factoryville, Pennsylvania. a. You have served in this position from January, 1986 to the present b. You are employed as an Educator. Mr. Robert E. Gritman Page 2 3. Records of Nicholson Township, Nicholson, Pennsylvania, indicate the following Statements of Financial Interests on file for you with the township secretary. a. Statement of Financial Interests for calendar year 1981, dated April 8, 1982. Statement indicates source of income as NEIU 19, 120 Monahan Avenue, Pennsylvania. Statement further lists Gritman Firewood Company as a business entity in which you have a financial interest. You listed none in all other categories. b. Statement of Financial Interests for calendar year 1982, dated March 7, 1983. Statement indicates Northeast Educational Intermediate Unit #19 as a source of income. Statement further indicates Gritman Firewood Company as a business entity in which you have a financial i nterest . You 1 i sted none i n al 1 other categories. c. Statement of Financial Interests for calendar year 1983, dated March 2, 1984. This Statement of Financial Interests indicates the same information as noted in the above listed items. d. Statement of Financial Interests for calendar year 1984, dated April 22, 1985. Statement indicates Northeast Educational Intermediate Unit #19 as a source of income. All other financial categories are 1 i sted as none. 4. Records of the Lackawanna Trail School District, indicate the following Statements of Finacial Interests on file for you: a. Statement of Financial Interests for calendar year 1984, dated March 5, 1985. This statement indicates Northeast Educational Intermediate Unit #,,19 as a direct source of income. The statement indicates none in all other categories. h. Statement of Financial Interests for calendar year 1985, dated April 28, 1986. Statement of Financial Interests indicates Northeast Educational Intermediate Unit #19 and rental property at 38 Main Street, Nicholson, Pennsylvania, as sources of income. Statement indicates none in all other financial interest categories. c. Statement of Financial Interests for calendar year 1986, dated April 27, 1987. Statement indicates creditors as Merchants Bank, Factoryville, Pennsylvania and Kenneth Strickland, R.D. #2, Nicholson, Pennsylvania. Direct sources of income are noted as Northeast Educational Intermediate Unit #19, rental property at 38 Main Street, Nicholson, Pennsylvania and rental property at 24 Lackawanna Trail, Nicholson, Pennsylvania. The statement indicates none in all other categories of financial interests. i1r. Robert E. Gri tma n Page 3 5. You provided the following information in relation to the instant situation: a. You served as a township auditor through 1986. You resigned this to assume the position of School School District. in Nicholson Township from 1981 position in January, 1986 in order Board Director with Lackawanna Trail b. You have been President of this Board from January, 1987 to thy: present. c. You stated that you filed your Statements of Financial inter=ests for calendar years 1981 through 1984 with Nicholson Township. d. You, thereafter, filed Statements of Financial Interests with the Lackawanna Trail School District. e. You stated that in the early 1980's you were the operatorritman Firewood Company, which was a full -time business. This c ip�ny manufactus.ed firewood. f. You disbanded this company sometime after 1983 because of a fire that occurred at a work site. g. You stated that you have never owned or operated any other business entities or companies. h. In 1986, you and your wife purchased rental properties. i. Two mortgages were taken out on these properties and you listed these mortgages as creditors on your Statements of Financial interests fur 1986. B. Ciscussion: The State Ethics Act provides as follows: Section 4. Statement of financial interests required to be ■iled. (b) Each candidate for public office shall file a tatement 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 required statement of financial interests with the commission. 65 P.S. 404(b). Mr. Robert E. Gri tma n Page 4 The Regulations of the State Ethics Commission further provide that: §4.4.Incumbent and former public officials. (a) Incumbent officials of the Commonwealth's executive, legislative, and judicial branches and other statewide offices who are not candidates shall file their Statement of Financial Interests with the Commission and a copy with the agency in which they hold office by May 1 of each year in which they hold office. 51 Pa. Code 4.4(a). §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 an auditor for Nicholson Township you are within the purview of the above provisions of the State Ethics Act. 65 P.S. §402; 51 Pa. Code §1.1. 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 auditor 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. Commw. Ct. 160, 424 A.2d 968, (1981); Carter, 79 -066. Mr. Robert E. Gr1tman Pagc. 5 The Ethics Act provides penalities for failure to file a S 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). In th instant matter, the facts reflect that you were an elected township .uditor from 1981 through January, 1986 from which time you have served es a School Director in Lackawanna Trails School District, Factor, vi l l e, Pennsylvania. It is further noted that you have filed the Statements of Financial Interests with the Nicholson Township secretary f t the years 1981 - through 1984 and, thereafter, have filed the Statement of Financial Interests with the School District from 1984 through 1986. Although you have filed the Statement of Financial Interests for each calendar year of your public service, it is noted that for the year 1986 you served both as township auditor and as School Director at separate times. Regulation 4.3(d) of the Ethics Act provides: § officials. (d) No individual shall be required to file twice for the same year. Officials who are associated with more than one governmental body shall file a copy of the Statement of Financial Interests with each governmental body. 51 Pa. Code 4.3(d). Mr. Robert E. Gri tma n Page 6 Under the above quoted provision, it was necessary for you in 1986, for the calendar year 1985, to file the Statement of Financial Interests with one governmental body and file a copy thereof with the other governmental body. Since you have filed the Statement of Financial Interests for the calendar year 1985 with the School District, it is necessary for you to file a copy of that Statement of Financial Interests with the township secretary of Nicholson Township. This Commission finds a technical violation of the Act in that you did not file the copy of your 1985 calendar year Statement of Financial Interests with the township secretary; however; if you file the foregoing copy of the Statement of Financial Interests within thirty (30) days of the date of this Order, no further action will be taken by this Commission. C. Conclusion and Order: 1. As an auditor for Nicholson Township, you are a "public officio, subject to the provisions of the Ethics Act. 2. There was a technical violation of Section 4 of the Ethics Act and Regulation 4.4(d) in that you did not file a -copy of your calendar year 1985 Statement of Financial Interests, which you filed with the School District, with the township secretary of Nicholson Township. 3. If you file a copy of your calendar year 1985 Statement of Financial Interests with the Nicholson Township secretary within thirty (30) days of this Order, 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) unl,ess 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 broth, see 65 P.S. 409(e). By the Commission, 0>av►ccca4- G. Sieber Pancoast Chairman