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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