HomeMy WebLinkAbout686 RodgersMr. William E. Rodgers
200 Brookside Lane
Mars, PA 16046
Re: 86 -055 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
ORDER NO. 686
DATE DECIDED: December 6, 1988
DATE MAILED: January 3, 1988
Dear Mr. Rodgers:
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 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. §404(e)(2).
§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 54.2(b).
11r. Wf.iliam E. Rodgers
Page 2
A. Findings:
1. You were a candidate for Seven Fields Borough Council during the
May, 1985 Primary Election.
2. On December 30, 1985 you were sworn in to the office of Borough
Council.
a. You submitted a letter of resignation dated May 2, 1986.
You cited a position out of state as your reason for
resigning.
b. You were not compensated for serving on the Seven Fields
Borough Council.
3. Records of the Seven Fields Borough Secretary's '')ffice indicate
that there are no Statements of Financial Interests on file for you.
4. Records of the State Ethics Commission indicate a Statement of
Financial Interests on file for you dated March 9, 1985.
a. This statement was filed for you as a candidate.
b. This statement was received by the State Ethics Commissio-
on March 14, 1985.
5. You supplied three Statements of Financial Interests on September
20, 1988, at the time you were interviewed by representatives of the
State Ethics Commission.
a.
b. These statements were for the years 1985, 1986, and 1987.
c.
The three Statements of Financial Interests were dated July
23, 1988.
The following is contained in these Statements of Financial
Interests:
1) Filing date - July 23, 1988
For the year - 1985
Source of Income - Seven Fields Arabian
Inc.
All other financial interest categories
2) Filing date - July 23, 1988
For the year - 1986
Source of Income - Seven Fields Arabian
Inc.
All other financial interest categories
Bloocstock Farm
- none
Bloodstock Farm
- none
Mr. William E. Rodgers
Page 3
3) Filing date - July 23, 1988
For the year - 1987
Source of Income - Henderson Equestrian Complex Inc.
All other financial interest categories - none
6. 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.
7. Candidate Petitions on file for you at the Butler County Bureau of
Elections show your address as: 200 Brookside Lane, Mars,
Pennsylvania.
a. Date petitioners signed - March 11, 1985.
8. Minutes of the February 18, 1986 meeting of the Seven Fields
Borough Council reflect the following regarding your correct address:
a. You stated that you and Richard Daley were roommates and
that you moved from Brookside Lane to 421 Brookside
Court one month ago.
b. It was pointed out that Richard Daley's voter registration
listed the address as 200 Brookside Lane.
c. You stated that all of the addresses listed were correct,
and that 421 Brookside, 200 Brookside Lane and 101, were all
in Seven Fields.
9. You stated the following regarding the Statement of Financial
Interests:
a. You did file at the Butler County Courthouse before running
for council.
b. You either gave the Statement to the Borough Secretary,
Chris Clutter, or you did not do it.
c. You did not know that you had to file.
d. You served on Council from January, 1986 through March,
1986.
e. You left Seven Fields and your job because the market
dropped out of the horse industry and the investors
panicked, and because you wanted to go out on your own.
Mr. William E. Rodgers
Page 4
f. You supplied Statements of Financial Interests for the years
1985, 1986 and 1987.
10. You stated the following regarding your address:
a. When you first were employed at the Stables, you resided in
a trailer near the barns, which are in Adams Township.
1) You never again moved back into the trailer.
b. You always used the mailing address of 103 Brookside Lane.
1) This was the mailing address of the farm and the office
of the Seven Fields development.
2) You did not, at any time, live at this address.
c. You rented a unit at 200 Brookside Lane.
1) You intended to buy a unit at 108 Forest but you
did not buythis unit or ever live in it. -
2) You rented another unit on Forest Drive, when you
outgrew the unit at 200 Brookside Lane.
d. You listed the 108 Forest Drive address on your voter's
registration because you intended to purchase this property
within a short time after registering, and felt that you
would be living at that address.
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 regulations 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
but have now supplied Statements of Financial Interests for 1985, 1986
and 1987. Since you did file with the State Ethics Commission prior
to the Primary and since there is no evidence to indicate that the
delay in your latter three filings 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.
Mr. William E. Rodgers
Page 5
C. Conclusion and Order:
1. As a candidate for Seven Fields Borough Council, you did not
violate Section 4(e)(2) of the Ethics Act and Regulation 4.2(b) in
that you filed the Statement of Financial Interests as a candidate
prior to the May, 1986 Primary Election.
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).
Y
By the Commission,
UvAtt2D, r
Joseph W. Marshall, III
Chairman