HomeMy WebLinkAbout643 ClockerMr. David T. Clocker
R.D. #2
Shickshinny, PA 15344
Re: 87 -147 -C
Dear Mr. Clocker:
A. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 643
Date Decided: April 8, 1988
Date Mailed: April 19, 1988
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 candidate for Supervisor in
Huntingdon Township, 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; Section 4.2(a) and (b)
of State Et,ics Commission regulations which states that each
candidate 'for statewide or county -wide office shall file an
original Statement of Financial Interests with the Commission and
a copy with the Board of Elections in the county in which he
resides prior to filing a petition to appear on the ballot; and,
which states that 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, in that you failed to file
with the State Ethics Commission and Huntingdon Township prior to
filing nominating petitions.
1. You were a candidate for Supervisor, Huntingdon Township,
Luzerne County, in the May, 1987 Primary Election. As a
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candidate for public office, you were subject to the provisions
of the State Ethics Act.
2. You were defeated for the position of supervisor in the
general election.
3. Records of the State Ethics Commission confirmed the
following:
a. The Luzerne County Board of Elections notified the
State Ethics Commission that you filed nomination
petitions to appear on the 1987 primary election
ballot.
b. By letter dated April 23, 1987, from John Contino,
Executive Director of the State Ethics Commission, you
were notified that there was no record of your filing a
Statement of Financial Interests. You were directed to
file within (10) days, and you were notified that
action could be taken against you for failing to file a
Statement of Financial Interests.
c. You filed a Statement of Financial Interests with the
State Ethics Commission on June 5, 1987.
4. Huntingdon Township records disclosed that you filed a
Statement of Financial Interests with the township- secl
sometime after the May, 1987 primary election.
a. Marlee Rodney, township secretary, confirms that you
L.led a disclosure form after the primary.
. You advised as follows:
a. You were a candidate for township supervisor in 1987.
b. Due to an oversight or that the form was misplaced, you
did not file the disclosure form at the time you filed
nominating petitions.
c. After receiving notification from the State Ethics
Commission, you immediately filed.
d. You had nothing to hide and your failure to file was
simply an oversight.
B. Discussion: The State Ethics Act provides as follows:
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Section 4. Statement of financial interests
required to be filed.
(b) 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. 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).
The regulations of the State Ethics Commission further
provide that:
Section 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).
There is no doubt that as a candidate for Huntingdon
Township Supervisor you are within the purview of the above
provisions of the State Ethics Act. 65 P.S. §404(b).
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 pequirement 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
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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 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. S404(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 employees in
violation of the Act to return any compensation obtained in
violation of the, above provision. .Metzler, Order 389 -R; Huhn,
Order 431.
In the instant matter, you, as a candidate for the position
of supervisor of Huntingdon Township in the May 19, 1987 primary
election, were required to file the Statement of Financial
Interests with both this Commission and your governmental body
prior to the filing of your nominating petition. Although you
did not file the requisite statement with the township until
sometime after the May, 1987 primary election and did not file
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said statement with the Commission until June 5, 1987, there is
no evidence to indicate that your failure to timely file this
statement was done with any intent to conceal any financial
interests. In light of the foregoing, this Commission finds a
technical violation of Section 4(b) of the Ethics Act but will
take no further action.
C. Conclusion:
1. As a candidate for Huntingdon Township Supervisor, you were
required to file a Statement of Financial Interests with the
State Ethics Commission and your governmental body prior to
filing the nominating petition to appear on the 1987 primary
election ballot.
2. There is a technical violation of Section 4(b) of the Ethics
Act in that you filed the statement of Financial Interests with
the Ethics Commission and your governmental body after you filed
your nominating petition.
3. Since there is no evidence to indicate that you attempted to
conceal any financial interests by your late filing, this
Commission will take no further action.
Our files in this case will remain confidential in
accordance with Section 8(a) of the Ethics Act, 65 P.S. S408(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. S409(e).
By the Commission,
Joseph W. Marshall, III
Chairman
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