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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