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HomeMy WebLinkAbout688-R JamisonMr. Clair C. Jamison c/o Thomas R. Ceraso, Esquire Ceraso & Tarosky 126 North Maple Avenue Greensburg, PA 15601 Re: 86 -043 -C Dear Mr. Jamison: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 688 -R Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair W. Thomas Andrews G. Sieber Pancoast James M. Howley Date Decided: September 26, 1989 Date Mailed: September 28, 1989 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 Supervisor in Venango Township, Butler County, violated the following provisions of the Ethics Act (Act 170 of 1978) when you received a finders fee from a coal company regulated by the township while participating in official township decisions affecting that coal company's operation on the land for which you were paid the fee. Section 3. Restricted Activities. (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 5403(a). Mr. Clair C. Jamison Page 2 A. Findings: 1. You served as a township supervisor in Venango Township, Butler County, Pennsylvania. a. You served in this position from January, 1980 until you resigned in 1984. 2. Minutes of the Venango Township Supervisor's meetings provided as follows regarding the instant situation: a. January 7, 1980 - Supervisors Clair C. Jamison, Ronald Kohlmeyer, and Raymond Tinker. Motion is passed to have Gary Kohlmeyer take the minutes of the meeting. b. November 30, 1980 - Merle Yohre was present to obtain a variance to mine within 100 feet of T -518. Pengrove Coal Company, a division of Adobe Mining Company agrees not to mine closer than 30 feet from the centerline of T -518. Supervisors present - Clair Jamison and Ronald Kohlmeyer. c. December 8, 1981 - Supervisor Clair Jamison made a motion to accept the cash bond from Kerry Coal Company without interest for Township Road T -657. Ronald Kohlmeyer seconded the motion. Motion carried. d. January 4, 1982 - Supervisors Clair Jamison, Ronald Kohlmeyer and Gary Clark were present. Gary Kohlmeyer was nominated to be secretary /treasurer, motion was carried. e. February 2, 1982 - Merle Yohre of Adobe Coal Company was present. The Board of Supervisors gave Adobe Coal Company a variance on T -534 to mine within 30 feet of the center line of the Township Road T -534. f. June 7, 1982 - Supervisors decided to send Kerry Coal Company a certified letter giving them ten days to tar and chip Campbell Road, If they did not tar and chip within the ten days, the Supervisors would have a load of calcium put on Campbell Road at Kerry Coal's expense. Gary Clark made the motion and it was seconded by Clair Jamison. The motion carried. The supervisors decided to take action against B & D Coal Company concerning the DeSale & Gibson Roads. Either a meeting was to be set up and some decisions to be made concerning putting back DeSale and Gibson Roads or the i Mr. Clair C. Jamison Page 3 g solicitor for the township would have to start proceedings to lift B & D Coal Company bond. Supervisors present: Kohlmeyer, Jamison and Clark. January 3, 1983 - Supervisors present: Ronald Kohlmeyer, Clair Jamison and Gary Clark. Jamison was voted Chairman. Moniteau District School Board notified Jamison (Chairman) about the potholes on T -504 and Campbell Road T -657. The Secretary was to send a certified letter to Kerry Coal Company notifying them on maintenance needed on said roads within days. h. January 3, 1984 - Supervisors present: Clair Jamison, Gary Clark, and Harry Noll. Gary Kohlmeyer was voted as secretary /treasurer. Jamison was voted Chairman. A variance was granted to Adobe Mining Company for sections of T -504 and T -657. There is to be no over burden or coal removed closer than thirty feet from the center line of these roads. i. June 4, 1984 - Letter of resignation from Clair Jamison is read; Noll made a motion to accept Jamison's letter of resignation, seconded by Supervisor Leonard Hartle. Residents present a petition to impeach Supervisor Clair Jamison, for inconsistencies and discrepancies while holding office. January 7, 1985 - Supervisors present: Joe Kelly, Harry Noll, and Leonard Hartle. Gary Kohlmeyer was appointed secretary /treasurer. The run around on Campbell Road was discussed with Mr. Kerry from Kerry Coal Company. Kerry to grade the road and put limestone on it and have it completed in one week. k. March 4, 1985 - Supervisor Kelly made a motion to see the solicitor about starting procedures to lift the bond on Campbell Road and Jamison Road since Kerry Coal Company has not lived up to the agreement. Motion was seconded by Hartle, and carried. Mr. Clair C. Jamison Page 4 1. July 1, 1985 - General discussion of the conditions of the township roads. 3. Records of Venango Township indicate a bond to the township from Kerry Coal Company, Portersville, Pennsylvania. a. This bond is in the amount of $10,000 which was paid to the township to be deposited in an interest bearing account. b. Kerry Coal Company agreed to maintain all township roads used by the Company pursuant to the permit issued by the township. c. The roads are to be left in "as good" or "better" conditions then found. d. The township may require Kerry Coal Company to post additional security and the Company is to pay the township $1,000 for the purpose of construction of a "run around" on a portion of the property of William Campbell. e. The Company is to pay the township $1,000 for the purpose of constructing a "run around" on a portion of the property of William Campbell. f. Kerry Coal Company is to be notified by certified mail of any maintenance needs. g. The bond is signed by V. Kerry, President, Gail Kerry, Secretary and M. Rusaack, Witness. 4. A Venango Township log regarding road bonds indicates the following in relation to Kerry Coal Company: Date Amount Company Roa May 14, 1982 $5,000 Kerry Coal Company T -657 March 14, 1982 $5,000 Kerry Coal Company T -657 a. The log does not reflect that the bond was ever returned to the company. b. Kerry Coal Company is still using road T -657. 5. Records of Venango Township include the following documents regarding the instant situation: a. Letter dated December 9, 1981 from the Venango Township Supervisors: Mr. Clair C. Jamison Page 5 The supervisors of Venango Township, Butler County, Pennsylvania, do not object to Kerry Coal Company mining within the 100 foot limit of the right -of -way of township road T -657. Kerry Coal Company will provide a protective earth barrier approximately 4 foot high along the edge of the right -of -way. Signed by Clair Jamison and Ronald Kohlmeyer on December 11, 1981 before Frances Hilliard, notary public. (1) The allowance of mining within the 100 foot limit of the right -of -way of township road T -657 is on the Campbell property on which you secured a coal mining lease for Kerry Coal Company. b. The township minutes contained no evidence of the above action being approved by the Township Board of Supervisors at a township meeting. c. Letter from Kerry Coal Company dated January 7, 1985 to the Supervisors of Venango County: Kerry Coal Company does not object to Adobe Mining Company relocating a section of T -504 between state route 308 and T- 557. d. Public notice dated August 29, 1985 regarding the bond release of Stage I and deleted area bond release from the Department of Environmental Resources for the area located North of Township Road 657 on Campbell, Brooks and Lyons properties in Venango Township, Butler County. 6. Department of Environmental (DER) regulations provide that no surface mining operations shall be permitted within 100 feet of the outside right -of -way line of any public road except: where DER with concurrence of the agency with jurisdiction over the road allows the public road to be relocated or the area affected to be within 100 feet after; public notice, opportunity for a public hearing, and the making of a written finding that the public interest will be protected. 7. Department of Environmental Resources regulations require the following pre- conditions when a party seeks to mine within 100 feet of any public road: approvals from the authority with jurisdiction over the road; public notice (newspaper) in affected locale; opportunity for a hearing, review of all information received at said hearing as to affects of operations and protection of public interests. Mr. Clair C. Jamison Page 6 8. By way of letter dated June 8, 1982 from Gary L. Kohlmeyer, Secretary, Board of supervisors to Kerry Coal Company, it is noted that Kerry Coal Company must maintain all township roads used in its operation. a. It is also noted that dust on Campbell Road (T -657) must be controlled and that such must be done within 10 days. 9. By way of letter dated January 7, 1983 from Gary L. Kohlmeyer, Secretary, Board of Supervisors to Kerry Coal Company, it is noted that repairs must be made on pot holes on T -657 and T -504 within 10 days. 10. By way of letter dated December 10, 1984 from the Venango Board of Supervisors to Kerry Coal Company, it is noted that unlawful garbage dumping is occurring at the Kerry job site and that such must stop. 11. By way of letter dated December 24, 1984 from Harry A. Noll, Chairman Venango Township Board of Supervisors to V. Y. Kerry, it is requested that a company representative be present at the January 7, 1985 supervisors' meeting to finalize the matter concerning the run around on Campbell Road T -657. a. It is also noted that Kerry owed $1,136 to the township for work done on Campbell Road by the township. 12. You had a financial relationship with Kerry Coal Company, Western Hickory Coal Company and Kerry Brothers whereby you would secure leases for said entities to mine for coal on privately owned property. 13. Records of Kerry Coal Company indicate the following regarding leases to mine coal that you obtained or assisted in obtaining: a. By agreement dated October 9, 1981, you assigned over to Kerry Coal Company all rights to coal on land that had been leased from Mrs. Lillian Kinder by agreement dated September 17, 1981. (1) You were to be paid an advance royalty of $10,000 to be deducted from royalties due when coal is actually mined. (2) By agreement dated October 9, 1981, you assigned over to Kerry Coal Company all rights to coal on land that had been leased from Mr. and Mrs. Robert Mackell by agreement dated October 7, 1981. (1) Your royalty was .15 per ton. Mr. Clair C. Jamison Page 7 c. By agreement dated December 21, 1981, you assigned over to Kerry Coal Company all rights to coal on land that had been leased from Clarence C. and Helene L. Whitfield by agreement dated December 8, 1981. (1) You were to be paid an advance royalty of $2,500 to be deducted from royalty when earned. (2) Your royalty was .15 per ton. d. By agreement dated December 21, 1981, you assigned over to Kerry Coal Company all rights to coal on land that had been leased from Helen Kinder by agreement dated November 11, 1981. (1) You were to be paid an advance royalty of $2,500 to be deducted from royalties when earned. (2) Your royalty was .15 per ton. e. An agreement dated December 23, 1981 signed by you, V. Y. and Gail Kerry, William Ffennell Brinkley and C. A. Riccuiti indicates that you were paid $2,500 advance royalties on the properties identified in (c) and (d) above and that there shall be no further advance overriding royalty on any present or future lease that you obtain. All future payments will be made when due as coal is mined. You further agreed to secure leases exclusively for Kerry Coal Company, Western Hickory Coal Company and Kerry Brothers. f. By agreement dated April 14, 1983, Kerry Brothers agrees to pay you .15 per ton for coal mined on 30 acres of land owned by Harold L. and Gladys L. Berg and leased to Kerry Brothers. 14. The treasurer's report outlined in the minutes of the meeting of the township supervisors indicates the following regarding payments to the township by Kerry Coal Company for work done on roads bonded by Kerry: a. November 4, 1985 - Kerry Coal Company, road repair to Campbell and Jamison Roads, $2,088.40. b. October 6, 1986 - Kerry Coal Company, no detail, $1,347.50. c. Other receipts from Kerry Coal Company or a subsidiary, between 1981 and June, 1987 as listed in the Treasurer's report of the minutes but not documented are: Mr. Clair C. Jamison Page 8 (1) October 4, 1982 - Kerry Coal Company, calcium hauling, $299.00. (2) January 7, 1985 - Western Hickory Coal, Work T -657, $1,136.00. 15. Records of Kerry Coal Company indicate the following regarding payments to you: Date October 14, 1981 July 10, 1981 November 30, 1982 October 30, 1982 September 30, 1982 September 30, 1982 September 30, 1982 December 31, 1982 February 28, 1982 March 31, 1983 April 30, 1983 May 31, 1983 June 30, 1983 July 31, 1983 August 31, 1983 August 31, 1983 September 30, 1983 September 30, 1983 October 30, 1983 October 31, 1983 November 30, 1983 November 30, 1983 December 31, 1983 January 31, 1984 March 31, 1984 March 31, 1984 April 31, 1984 May 31, 1984 June 30, 1984 July 31, 1984 July 31, 1984 August 31, 1984 September 30, 1984 October 31, 1984 December 31, 1983 MO AM Invoice No. 02155 02066 02673 02646 02425 02565 02562 02720 02820 02879 02927 02979 03002 02959 03105 03139 03156 03159 03124 03205 03253 03256 10 03382 03398 03469 03513 03525 03585 03639 03666 03703 03762 03826 03301 03724 September 30, 1984 03790 Amount $10,000.00 2,500.00 326.57 272.62 111.42 162.83 1,000.00 116.09 206.44 109.93 208.53 632.13 375.68 261.92 67.54 220.49 303.30 367.04 81.14 987.81 314.17 966.93 620.97 581.65 601.96 91.08 681.85 669.56 1,451.99 1,124.90 21.59 202.16 507.84 19.16 115.35 1,162.13 Purpose Advance on Kinder adv royalty Campbell override on Campbell override on Campbell override on Campbell overriding Royalty adv. override on Campbell override on Campbell override override override override Campbell override override Campbell override Butler override Butler override Campbell override Campbell override Butler override Campbell override Butler override Butler override E/C override override override Clair override override override override override Butler earn override override override Campbell (voided) override Mr. Clair C. Jamison Page 9 Date October 31, 1984 November 30, 1984 March 31, 1984 April 31, 1984 July 31, 1984 August 31, 1984 September 30, 1984 October 31, 1984 November 30, 1984 December, 1984 December, 1984 January 31, 1985 April 30, 1985 May 31, 1985 June 30, 1985 July 31, 1985 September 30, 1985 October 31, 1985 November 30, 1985 September 30, 1985 August 31, 1985 July 31, 1985 April 30, 1985 November 30, 1985 October 31, 1985 September 30, 1985 August 31, 1985 July 31, 1985 April 30, 1985 March 31, 1985 January 31, 1985 December 31, 1985 Invoi ;e flo. Amount 03819 03902 03437 03179 03667 03697 03635 03821 03903 03957 04046 04163 04240 04296 04348 04498 04579 04605 04457 04308 04231 04082 04560 04525 04531 04445 04347 04201 04148 04047 03956 Total: 261.13 118.56 267.23 48.09 79.37 796.52 95.00 369.19 279.15 926.68 167.18 593.60 661.13 1,031.93 1,200.82 717.38 1,227.52 1,455.28 1,405.55 153.82 66.71 29.20 103.15 455.01 530.99 235.68 148.20 153.51 55.15 163.23 2,559.43 139.32 $45,090.36 J'urvose override override earn Roy earn Roy earn Roy earn Roy Adv. Roy earn Roy earned Royalty override R. Campbell override R. Campbell override R. override R. earned Cort override R. override R. override on override on override override on override on earned royalty earned royalty earned royalty Campbell Campbell Campbell Campbell Campbell Durst Durst Durst 16. Miscellaneous income statements (1099's) for Clair C. Jamison from Vernon Y. and Gail C. Kerry, Kerry Brothers, P.O. Box 19, Portersville, Pennsylvania, 16051, for royalties indicate the following regarding funds received from that company: 1981 - $12,500.00 1982 - $ 1,873.44 1983 - $ 5,219.14 1984 - $10,487.32 1985 - $14,981.47 1986 - $21,965.07 Mr. Clair C. Jamison Page 10 17. By agreement Brinkley agree to property that the Jamison. dated July 18, 1979, W. Ffennell and Marilyn S. deed over to Kerry Brothers their 1/2 interest in Brinkleys are going to obtain from Clair C. a. The land consisted of 20 acres situated in Venango Township, Butler County. 18. By agreement dated August 18, 1979 W. Ffennell and Marilyn S. Brinkley convey to Vernon Y. and Gail C. Kerry all rights to mine coal on property in Venango Township as evidence in an agreement dated July 31, 1979 between the Brinkleys, Clair and Donna Jamison and Kerry Brothers. a. Brinkleys received $8,000 in advance royalties and the royalty is .30 per ton. 19. By letter dated August 20, 1979, Vernon Y. Kerry forwarded to Clair and Donna Jamison an advance royalty check of $20,000 regarding Kerry Brothers acceptance of option and coal lease agreement dated July 31, 1979. 20. William Brinkley provided the following information in relation to this situation: a. He was employed by Kerry Coal Company and assisted in obtaining leases on properties to be strip mined for coal. b. In 1979, he brought Clair Jamison in to assist him in obtaining leases on properties known to Jamison. c. He had been involved with Kerry Coal Company for approximately 11 years. d. He would be paid 1.3 percent or approximately .30 per ton of coal mined on property for which he had obtained a lease. e. Brinkley introduced Jamison to Kerry. f. Both he and Jamison would travel to properties to review which ones might be appropriate for leasing to Kerry Coal Company. g. The amount of money paid to him for obtaining leases on properties that he did not own was called an overriding royalty. Mr. Clair C. Jamison Page 11 h. He and Jamison bought land together as owners and then leased it to Kerry for surface mining. Kerry Coal Company appropriately maintained all roads used in the township. Jamison never used his public position as a supervisor in order to assist either him or Kerry Coal Company. i. The $1,000 allotment for a run - around contained in the Kerry Coal Company bond with the township was not usual. J. He and Jamison had an oral agreement to divide anything regarding leased property involving Kerry Coal Company. k. He had some of his own separate leases with Kerry that were obtained before he and Jamison began working together. 1. Jamison bought another 20 acre parcel of land in Venango Township by himself. m. Kerry Coal Company issued checks directly to him and Jamison separately dividing their overriding royalties. n. Most leases ran for a term of 5 years. o. Brinkley had no dealings with any township supervisor other than Jamison. 21. Gary Clark provided the following information in relation to this situation: a. He served as a township supervisor for Venango Township from 1981 to 1984. b. He was not aware that Jamison was acting as a leasing agent for Kerry Coal Company. c. Jamison was the township's liaison with the coal companies that were performing work in the township. d. Both he and the other supervisor, Ronald Kohlmeyer felt that Jamison was more familiar with these kinds of dealings since he was in the insurance business. e. As liaison, Jamison was supposed to deal with the complaints of the citizens of the township against the coal companies about roads that were not properly maintained. f. Jamison was to work out solutions to these problems as they arose with the coal companies. Mr. Clair C. Jamison Page 12 g. Kerry Coal Company was one of the entities working in the township. They were interested in mining for the coal under Campbell road. h. He did not feel that Kerry Coal Company was given any favorite treatment by the township. i. Because Jamison did all the dealings with the township and the coal companies, he would not be aware if Kerry had been favored over other companies. 22. Clarabell Riccuiti provided the following information in relation to this situation: a. She had been employed by Kerry Coal Company for a period of 32 years until 1984. She generally worked until early afternoon and was not aware of activities that may have occurred at the company after she would leave for the day. b. Jamison often visited Kerry Coal Company's offices. c. She did not know if he was there on personal or township business. d. Kerry Coal Company was issuing checks to Jamison and his wife Donna. They often asked for advances on their overriding royalties. e. Western Hickory Coal Company was acquired by Kerry Coal Company in 1978 or 1979. f. She was not aware of Jamison using his public position in any way to assist Kerry Coal Company. 23. Gary Kohlmeyer provided the following information in relation to this situation: a. He served as secretary /treasurer for Venango Township for approximately 8 years. b. Kerry Coal Company was interested in one time of mining parts of Campbell Road. At that time, representatives of the Coal Company attended a township meeting to discuss this issue. c. Jamison was a member of the township board of supervisors at that time. Mr. Clair C. Jamison Page 13 d. To the best of his knowledge, the supervisors were not aware of Jamison's relationship financially to Kerry Coal Company. e. Jamison had some of his private property strip mined by Kerry Coal Company. f. Jamison was one of the township supervisors who was influential in obtaining a ten ton weight limit on township roads. g • Jamison acted as the township's liaison with the coal companies. Any time there were any problems with a coal company, the township board of supervisors would request that Jamison take care of the matter. h. To the best of his knowledge, Jamison would go after any coal company, including Kerry, if they didn't maintain the roads properly. i. The bond executed by Kerry Coal Company was generally a standard form. The $1,000 addition to build a run -a -round was unique to that contract. Each bond is different depending upon the company and the circumstances. j. Kerry Coal Company was held to the strictest specifications pursuant to this bond than other coal companies had been. k. The reason Kerry Coal Company paid the bond in two installments of $5,000 each was that at first they only wanted to work on one mile of the road. When they wanted to expand to a second mile, they were required to pay the additional $5,000. 1. Jamison told Kohlmeyer how to draft the bond for Kerry Coal Company. 24. William D. Kemper provided the following information in relation to this matter: a. He was Solicitor for Venango Township from January, 1981 through December, 1983. b. He did not recall the township conducting any business with Kerry Coal Company. c. He drafted the bonds for coal companies that were seeking to use township roads to transport heavy equipment. Mr. Clair C. Jamison Page 14 d. He kept copies of these bonds but had no documents regarding Kerry Coal Company. e. Jamison was the only township official who approached him to set up bonds for coal companies. f. He was unaware of any business relationship between Kerry Coal Company and Jamison. g. It was necessary for the township to give permission for the coal companies to mine closer than one hundred feet of the road. 25. Vernon Kerry provided the following information in relation to this situation: a. He is the president and half owner of Kerry Coal Company. b. He is also president of Western Hickory Coal Company Incorporated, of which he owns 55% thereof. He is also a partner in Kerry Brothers which buys and leases machines and owns property. c. He met Clair Jamison through William Brinkley. Brinkley had been obtaining leases for Kerry for some time. d. Brinkley and Jamison shared royalties on properties that they acquired through lease. e. Jamison knew a lot of people in the area who owned property in which Kerry was interested. f. Jamison also owned 20 acres in this area. Kerry gave him an advance royalty on this property of $20,000. Kerry, at some point, bought out Brinkley's advance overrides and he paid Brinkley approximately $65,000 as a result thereof. Brinkley signed his right on the overrides over to Kerry. This is when Kerry Coal Company began paying Jamison his half of the overrides formerly paid to Jamison by Brinkley. h. Jamison was paid one half of the amount of the Brinkley override which was .30 a ton. Jamison received half of that amount. g. Mr. Clair C. Jamison Page 15 i. Kerry had an exclusive agreement with Jamison whereby he would only produce property for Kerry Coal Company, Western Hickory Company or Kerry Brothers. Jamison, however, was also doing work for Adobe Mining Company. Jamison operated as the liaison between the township and the coal companies. This was because Jamison dealt with people better than the other supervisors. k. His company never received any preferential treatment due to the fact that Jamison served as a paid finder for Kerry. 1. Kerry never built a run -a -round for the Campbell Road area. The $1,000 amount for building the run -a -round as noted in the bond, was not enough money to accomplish this purpose and, therefore, such must have been a mistake. m. He indicated that it is not unusual for the township to repair the roads damaged by the mining operations and then have the township bill Kerry for the work that was performed. n. Jamison would tell Kerry of citizen complaints regarding the road conditions after which such would be repaired. 26. You indicated that you did have an agreement with Kerry Coal Company to secure leases. 27. You indicated that you did not write the bond for Kerry Coal Company. a. The bond either came from Kerry Coal company or the township solicitor. b. The $1,000 for the run around was a standard clause. 28. A Statement of Financial Interests on file for you, undated, indicates as follows: a. Occupation - Insurance Salesman. b. Creditors - Northwest Bank, Clintonville, Pennsylvania. Penn Bank, Franklin, Pennsylvania. c. Income source - Mutual of Omaha, Erie, Pennsylvania, Carry Coal Company, Portersville, Pennsylvania. d. This form was SEC 1, Rev. 12/79. Mr. Clair C. Jamison Page 18 (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. §403(b). Serious questions regarding this provision of the Act have been raised and we thus believe that this matter should be referred to the appropriate authority for further review under this provision of law. C. Conclusion and Order: 1. As a Venango Township Supervisor, you were a public official subject to the provisions of the Ethics Act. 2. You violated Section 3(a) of the Ethics Act when you authorized Kerry Coal Company to mine within 100 feet of township road T -657 without official township action and contrary to DER regulations, which action would have resulted in additional royalties from Kerry Coal Company for you. 3. You are hereby directed to file, within thirty days of the date of this Order, Statements of Financial Interests for all years you served as a supervisor and of the year after you left such position. Such statements must be forwarded to this Commission and copies thereof filed with the township. 4. This matter will be referred to the appropriate law enforcement authority for review. 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 5 business days after service (defined as mailing). Mr. Clair C. Jamison Page 19 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). The confidentiality provision does not restrict respondents consultation with legal counsel. By th Commission elena G. Hughes Chair