Loading...
HomeMy WebLinkAbout685 DaleyMr. Richard G. Daley 200 Brookside Lane Mars, PA 16046 Re: 86 -056 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION ORDER NO. 685 DATE DECIDED: December 6, 1988 DATE MAILED: January 3, 1988 Dear Mr. Daley: The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commjssion 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 Borough Council in Seven Fields, violated Section 4(e)(2) of the Ethics Act and 4.2(b) of the State Ethics Commission regulations which provide that candidates for local public office shall file a Statement of Financial Interests with the State Ethics Commission and the governing authority of the political subdivision in which he is a candidate prior to filing a petition to appear on the ballot. Section 4. Statement of financial interests required to be filed. (2) Any candidate for local office shall file a statement of financial interests with the commission pursuant to this act and shall file a copy of that statement with the governing authority of the political subdivision in which he is a candidate. 65 P.S. S404(e)(2). 54.2. 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 S4.2(b). Mr. Richard G. "'a .ey Page 2 A. Fir : 1. You were a candidate fo:: Seve: rielCi Borough Council during the May, 1985 Primary Election. 2. On December 30, 1985 you were sworn into the office of Borough Council member. 3. You resigned from Council on March 23, 1986. a. The last Council meeting you attended was February 18, 1986. b. Only one member of Council was present at the March 10, 1986 meeting, Pam Seibel. c. According to your attorney, you submitted a letter of resignation to Seven Fields Borough Council on March 23, 1986. d. You were not compensated for serving on the Sven Fields Borough Council.' 4. Records of the State Ethics Commission indicate a Statement of Financial Interests on file for you as a candidate. a. This form is dated March 9, 1985 and was received on March 14, 1985. b. Your address is listed as 200 Brookside Lane, Mars, Pennsylvania. 5. Records of the Seven Fields Borough Secretary's Office indicate that you filed a Statement of Financial Interests form with that office. a. The form bearing your signature was dated April 16, 1986. 6. The State Ethics Commission received a Statement of Financial Interests bearing your signature on April 24, 1986. a. The form was dated April 16, 1986. b. The form was accompanied by a letter from your attorney, Robert Davis Gleason, which was dated April 22, 1986. c. This form was filed regarding your financial interests for calendar year 1985. Mr. Richard G. Daley Page 3 7. The Statement of Financial Interests submitted to the Ethics Commission and dated April 16, 1986, shows your address as 76 Walnut Street, Apartment 211, Johnstown, Pennsylvania, 15901. 8. Voters Registration on file for you at the Butler County Bureau of Elections shows your address as: 108 Forest Drive, Seven Fields, Pennsylvania, as of June 6, 1984. a. Date of residence as of February, 1985 is listed as 200 Brookside Lane, Mars, Pennsylvania. 9. Candidate petitions on file for you at the Butler County Bureau of Elections show your address as: 200 Brookside Lane, Mars, Pennsylvania. 10. Minutes of the February 18, 1986 meeting of Seven Fields Borough Council reflect the following in regard to your correct address: a. You stated that you resided at 421 Brookside Court, and that you lived there for approximately one month. b. William Rodgers Stated, at that time, that you and he were roommates and that you had moved from 103 Brookside Lane to 421 Brookside Court about one month ago. c. You stated that you used two mailing addresses, 101 and 103 Brookside Lane. d. It was pointed out that your voter registration reflected the address of 200 Brookside Lane. 1) You stated that the writing on the voter registration which listed your address as 200 Brookside Lane was not your writing. 2) You stated that it was your signature which appeared on the voter registration. 3) William Rodgers stated that all of the addresses listed were correct, and that 421 Brookside, 200 Brookside Lane and 101, were all in Seven Fields, and that he knew these to be correct since he had been your roommate at all of these addresses. 11. Minutes of the February 18, 1986 meeting of the Seven Fields Borough Council reflect the following in regard to your employment: a. You stated that you are a mobile DJ (disc jockey). Mr. Richard G. raLey Page 4 b. That you were currently working at "T:te White rig." 12. You have not filed a Statement of Financial Interests for calendar year 1986 which was required by May 1, 1987, the year after you terminated governmental service. B. Discussion: The allegation in the instant matter concerns whether you, as a candidate for Seven Fields Borough Council, filed the requisite Statement of Financial Interests as required by Section 4(e)(2) of the Ethics Act and Regulation 4.2(b) quoted above. It appears factually that you did file the Statement of Financial Interests on March 14, 1985 with this Commission prior to the May, 1985 Primary Election. However, you did not file locally until on or after April 16, 1986. Since you did file with the State Ethics Commission prior to the Primary and since there is no evidence to indicate that your filing locally at a later time was intentional on your part to conceal financial information, this Commission finds that you did not violate Section 4(e)(2) of the Ethics Act. However, it is noted that you served on Council for part of the 1996 year and have not filed a. Statement of Financial Interests in ?9!7 for the 1986 year. Such is required by Section 4(a) of the Ethicr Act, 65 P.S. 404(a) for the year after you terminated governmental service. Accordingly, you are hereby directed, within thirty days of the date of this Order, to file a Statement of Financial Interests for the 1986 calender year with the Seven Fields Borough Secretary's Office together with a copy thereof with this Commission to verify compliance. Failure to file within thirty days will cause tho referral of this matter to the appropriate law enforcement authority. C, Conclusion and Order: 1. As a candidate for Seven Fields Borough Council, 1-ou did not violate Section 4(e)(2) of the Ethics Act and Regulation 4.2(b) when you filed the Statement of Financial Interests as a candidate prior tc, the May, 1985 Primary Election. 2. You are hereby directed to file as a former public official, a Statement of Financial Interests for the 1986 calendar year within thirty days of the date of this Order with the Seven Fields Borough Secretary as well as a copy thereof with this Commission. Failure to comply with the above will result in the referral of this matter to the appropriate law enforcement authority. Mr. Richard G. Daley Page 5 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 52.38. 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, \AJI t 3: Joseph W. Marshall, III Chairman