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HomeMy WebLinkAbout644 FeeMr. James J. Fee 1945 Wilson Drive New Castle, PA 16101 Re: 86 -050 -C Dear Mr. Fee: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 644 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 Supervisor in Union Township, Lawrence County, violated Section 4(a) of the State Ethics Act which states that a public employee shall file a Statement of Financial Interests with his political subdivision no later than May 1 of each year that he holds a position and of the year after he leaves such a position, by failing to file a Statement of Financial Interests for the 1984 calendar year; and, Section 5(b) of the State Ethics Act which requires reporting of all sources of income of $500 or more by failing to report Union Township as a source of income on your Statement of Financial Interests for calendar years 1982 and 1983. A. Findings: 1. You have served as a Township Supervisor of Union Township from 1966 to 1977 and from 1982 to December, 1987. 2. Records on file with the Union Township Secretary /Treasurer indicate the following regarding your Statements of Financial Interests: a. Filing date - February 20, 1987 For the year - 1987 Source of Income - Union Township All other financial interest categories - none Mr. James J. Fee Page 2 b. Filing date - January 7, 1986 For the year - 1985 Source of Income - Union Township All other financial interest categories - none c. Filing date - 1985 for the year 1984, no record of a filing. d. filing date - March 18, 1983 For the year - 1983 Sources of Income - "NONE" is listed in the first two lines, Union Township is added on the third line. All other financial interest categories - none e. Filing date - March 12, 1984 For the year - 1983 Source of Income - Union Township All other financial interest categories - none f. Filing date - March 10, 1982 For the calendar year - 1982 Source of Income - Union Township All other financial interest categories - none Filing date - February 24, 1981 Source of Income - "NONE." Filed as a candidate running for the term beginning in 1982. g. 3. The above listed records indicated that there is no Statement of Financi1 Interests filed by you for the year 1984. 4. There are two Statements of Financial Interest filed by you for the year 1983. 5. Union Township is listed as a source of income on all the Statements of Financial Interests filed by you except in 1981. 6. On the Statement filed on March 18, 1983, for the calendar year 1983 (2(d) above) - Union Township is added after the word "NONE" was written. 7. Two Statements of Financial Interests were found dated March 12, 1984. a. On one of these statements, which was located at the Mr. James J. Fee Page 3 Union Township Secretary /Treasurer's Office, the township was listed as a source of income (See 2e). b. On the other Statement of Financial Interests which was provided to the State Ethics Commission, Union Township is not listed as a source of income and "NONE" is written in the space. This form, although filed on the same date as the other form, is completely different from that form. 8. You have copies of the above listed Statements of Financial Interests in your possession with the exception of the statement dated March 18, 1983 for the calendar year 1983. a. You have a receipt for the statement filed in 1981, from Susan Currie, Township Secretary /Treasurer. b. You have a receipt for the statement filed in 1983, from Susan Currie who wrote on the front page of the statement "I, Susan Currie, received this Ethics Report for the year 1983." 9. You stated that you have no idea why the Statement for 1984 is not on file, and cited an instance of missing meeting minutes from the township building. a. You stated that there would be no reason for you not to have filed, in light of the fact that you filed for all the other years. b. ..T,ou stated that you are sure you filed every year. 10. You stated that you did not amend or refile any of the Statements of Financial Interests after you received the five - day letter from the State Ethics Commission regarding the allegations made against you. 11. According to then Secretary /Treasurer, Susan Currie, she did not recall any year that you did not file a Statement of Financial Interests. a. No records were kept as to who filed and who did not file. b. There was no check list on who should file in the township. Mr. James J. Fee Page 4 c. Currie stated that to her knowledge, you did not refile any of your Statements of Financial Interests. 12. According to Union Township payroll records, you were paid the following amounts: 1982 - Gross: $932.30 Net: $696.31 1983 - Gross: $657.00 Net: $543.40 1984 - Gross: $980.00 Net: $778.40 B. Discussion: The State Ethics Act provides as follows: Section 4. Statement of financial interests required to be filed. (a) Each public employee employed by the Commonwealth shall file a statement of financial interests for the 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 'han 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). 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: (5) The name and address of any person who is the direct of indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of Mr. James J. Fee Page 5 confidential information protected by statute or existing professional codes of ethics. There is no doubt that as a Supervisor for Union Township, you are within the purview of the above provisions of the State Ethics Act. 65 P.S. §402. The State Ethics Act defines "public official" as follows: Section 2. Definition. "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. The filing requirement, as set forth in the Ethics Act has been determined to apply equally to public officials and public employees. Kremer v. State Ethics Commission, 56 Pa. Commw. Ct. 160, 424 A.2d 968, (1981); Carter, 79 -066. 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 3(c) through (h) or 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). 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 Mr. James J. Fee Page 6 attempt to conceal or realize prohibited financial gain or interests. In the instant matter, it appears that you have filed all of the requisite Statements of Financial Interests except for the 1984 calendar year. Although you have stated that you are ('ertain that you filed in every year and that you would have no reason not to file since you have filed in other years, the fact remains that the 1984 calendar year statement is not on file with the township. This Commission finds a technical violation of Section 4(a), as to the failure to file the 1984 calendar year Statement of Financial Interests but will take no further action provided you file the Statement of Financial Interests for the 1984 calendar year with Union Township within 30 days of this Order. Turning to the matter of your direct or indirect sources of income in excess of $500 for the 1982 and 1983 calendar years, it is a matter of concern to this Commission that for the 1983 calendar year, the inclusion of Union Township is entered below the word "none" for such category. It might seem that "none" was originally entered and "Union Township" was subsequently entered. There is a second 1983 calendar year statement which lists Union Township as a source of income in excess of $500 without any other notation. For the 1982 calendar year, Union Township is listed without the inclusion of the word "none" in that category. Since Union Township is listed as a source of income on the Statements of Financial Interests as they are on file with the Township, this Commission finds that there is no violation of Section 5(b) regarding these statements. C. Conclds on and Order: 1. As a Union Township Supervisor, you are a public official subject to the provisions of the State Ethics Act. 2. There is a technical violation of Section 4(a) of the Ethics Act in that no Statement of Financial Interests is on file with the Township for the 1984 calendar year. 3. If you file a 1984 calendar year Statement of Financial Interests with Union Township within 30 days of the date of this Order, this Commission will take no further action. 4. There is no violation of Section 5(b) of the Ethics Act since you included Union Township as a source of income for your 1982 and 1983 calendar year Statement of Financial Interests. Mr. James J. Fee Page 7 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, Joseph W. Marshall, III Chairman