HomeMy WebLinkAbout651 BrownMr. Leonard J. Brown
5106 Hunters Court North
Bensalem, PA 19020
Re: 86 -170 -C
Dear Mr. Brown:
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
-re based are as follows:
I. .illegation: That you, as candidate for Constable in
Bensalem in 1985, violated Section 5(b) of the Ethics Act and
Section 5.7(a) of State Ethics Commission regulations which
require that the Statement of Financial Interests shall include
the name and address of any person who is the direct or indirect
source of income totalling in the aggregate of $500.00 or more
for the prior calendar year with regard to the person required
to file the statement in that you failed to report income
received in 1984 from the House of Representatives' Republican
Special Leadership Account on a statement of financial interests
dated January 28, 1985.
A. Findings:
1. You were a candidate for constable in Bensalem Township,
Bucks County, in 1985.
2. Records of the State Ethics Commission disclose the
following:
4,
STATE ETHICS COMMISSION
2! 08 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 651
Date Decided: June 10, 1988
Date Mailed: June 24, 1988
a. The State Ethics Commission received rom you, on 1 -30-
85, a statement of financial interest on Form SEC 1 -1
bearing your signature and dated 1.28 -85.
Mr. Leonard Brown
Page 2
Amet Inc., Cottman and Milner, Phila., PA
Jamar, P.O. Box 474, Bensalem, PA
3. Records obtained from the Pennsylvania House of
Representatives Bi- Partisan Management Committee disclosed:
a. That you were employed by Representative Edward Burns
in legislative district 18, Bensalem Township, as a
contract employee, on June 16, 1984. This employment
continued, intermittently, until November 30, 1986.
b. You were paid as follows:
June 16, 1984 to September 15, 1984 - $1,500 in total pay
June 16, 1985 to September 15, 1985 - $1,500 in total pay
December 1, 1985 to May 31, 1986 - $1,884 in total pay
June 1, 1986 to November 30, 1986 - $1,956 in total pay
4. Representative Edward Burns stated the following:
a. That he employed you starting in June of 1984 as a
contract employee and that you were paid approximately
$3,600 a year without benefits. He stated the contract
would be renewed, periodically by the Republican
Leader's Office.
b. Your duties included attending meetings, driving him to
Harrisburg, running errands for him, picking up mail
and a number of other responsibilities.
c. Sometime thereafter, you were appointed a deputy
constable and then successfully ran for the position of
constable in Bensalem Township.
d. He was not aware of any restrictions on either position
that would prohibit a person from being employed
simultaneously in both jobs.
5. Deputy Court Administrator G. Thomas Wiley, Bucks County,
was interviewed and stated he was not aware of any regulations
that would prohibit a person from holding the position of
constable and working as a legislative aide at the same time.
b. This statement was filed in relation to your status as
a candidate for the office of constable.
c. That form disclosed, direct or indirect sources of
income as:
Mr. Leonard Brown
Page 3
6. Hal Lefcourt, Executive Director of Constables of
Pennsylvania, stated he wasn't aware of any restrictions on being
employed as a legislative aide and a constable, at the same time.
7. You provided the following information:
a. You worked for Representative Burns for a number of
years as a volunteer and then became a paid employee
in 1984. You worked as a contract employee and were
paid approximately $70 a week. Your duties as a
legislative aide, included handling constituent
problems, attending meetings, running errands and
driving Representative Burns to Harrisburg.
b. You ran for the position of constable, in Bensalem
Township, in 1985. As a requirement for running for
that position you filed a statement of financial
interests form with the State Ethics Commission,
signing it on 1- 28 -85.
c. You listed, on the statement of financial interes,.
form, the sources of income for the previous year as
Amet Inc. and Jamar.
d. You neglected to list your position as a contract
employee with the state, working for Representative
Burns, as the result of an oversight on your part. You
felt that everyone knew that you worked for
Representative Burns and you were not trying to conceal
that fact.
B. Discussion: The State Ethics Act provides as follows:
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 his immediate
family:
The Regulations of the State Ethics Commission further
provide that:
Mr. Leonard Brown
Page 4
S5.7. Income disclosure.
(a) The name and address of the person,
including employers, who is the direct or
indirect source of income totaling in the
aggregate of $500 or more for the person
required to file, his spouse, minor dependent
children shall be listed unless otherwise
limited as set forth in this section. 51 Pa.
Code §5.7(a).
There is no doubt that as a candidate for constable in
Bensalem you are within the purview of the above provisions of
the State Ethics Act.
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).
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 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.
Mr. Leonard Brown
Page 5
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
:yaw enforcement officials either for criminal prosecution or
dismissal of charges arising out of violations of the Act. 65
F.S. 5409(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. 5404(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 constable in
Bensalem in 1985 were required and did file the statement of
financial interests for the calendar year 1984. However, it is
clear that in the category regarding sources of income totaling
in the aggregate of $500 or more, you did not list the income you
_-eceived from the House of Representatives Republican Special
Leadership Account. Your failure to list this income is a
technical violation of Sertion 5(b) of the Ethics Act. However,
.t does ,lot appear that your failure to list the source of income
resulted from an attempt on your part to conceal a financial
Mr. Leonard Brown
Page 6
interest. Therefore, if you file an amended statement of
financial interests for the calendar year 1984 with this
Commission and with Bensalem Township within thirty (30) days of
the date of this order, no further action will be taken.
C. Conclusion and Order:
1. As a candidate for constable in Bensalem in 1985, you
were required in filing your statement of financial interests to
list all sources of income totaling in the aggregate of $500 or
more.
2. Your failure to list the income from the House of
Representatives Republican Special Leadership Account on the
statement of financial interests was a technical violation of
Section 5(b) of the Ethics Act.
3. If you file an amended statement of financial interests
for the calendar year 1984 with the Commission and with the
Township of Bensalem listing the income referenced in paragraph
number two above, within thirty (30) days of the date of this
order, 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. §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 S2.38. 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,
1 r
Joseph W. Marshall, III
Chairman