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HomeMy WebLinkAbout690 WagnerMr. Robert Wagner c/o Jeffrey Finley, Esquire 60 East Court Street Doylestown, PA 18901 Re: 87 -167 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING ORDER NO. 690 DATE DECIDED: April 19, 1989 DATE MAILED: April 2R, 1989 Dear Mr. Wagner: The State Ethics Commission received a complaint regarding you and a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 401 et. seq. You were notified in writing as to the commencement of the investigation and as to the specific allegation(s). The investigation has now been completed and a Findings Report was issued to you which constituted the Complaint by the Investigation Division of the State Ethics Commission. An Answer was not filed and a hearing was deemed waived. The record is now completed. This Order of the Commission is hereby issued which sets forth the individual allegations, findings, discussion and conclusion as follows: I. Allecration: That you, a candidate for District Justice in Bristol Township, Bucks County, violated the following provisions of the Ethics Act (Act 170 of 1978), and State Ethics Commission regulations, in that you, failed to list your financial interest in a company known as Paradise Pools: 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: (8) Any office, directorship, or employment of any nature whatsoever in any business entity. (9) Any financial interest in any legal entity engaged in business for profit. Mr. Robert Wagner Page 2 The regulations of the State Ethics Commission provide: 55.14. Directorship. A public official, public employe or candidate shall disclose the name and address of the business entity and the position held where the person required to disclose, his spouse, or minor dependent child is an officer, director, fiduciary, or partner - -- limited or general. 51 Pa. Code 55.14. A. Findings: 55.15. Financial interests to be disclosed. A public official, public employee or candidate shall disclose his financial interest and that of his spouse, and minor dependent children in any legal entity engaged in business for profit where such interest exceeds 5.0% of the equity of the business or, if such financial interest is indebtedness, equals or exceeds 5.0% of the assets of the business. 51 Pa. Code S5.15. 1. You were a candidate for the Office of District Justice in Bristol Township, Bucks County, Pennsylvania, in the 1987 Primary election. 2. You were employed as a member of the Bristol Township Police Department as a Police Officer. 3. A Statement_ of Financial Interests dated February 19, 1987, signed by you, was received in the office of the State Ethics Commission on February 25, 1987 as a result of your candidacy for the Office of District Justice. a. Direct or indirect sources of income in excess of $500 were listed as Bristol Township Police Department, 2501 Oxford Valley Road, Levittown, Pennsylvania and Paradise Pools, P.O. Box 662, Levittown, Pennsylvania. b. All other categories of financial interests were listed as either none or n /a. c. The Statement of Financial Interests was signed by Robert L. Wagner, Jr. 4. Documents on file with the Pennsylvania Department of State, Bureau of Corporations, indicate that an application for carrying on or conducting business under an assumed or fictitious name was filed in the Office of the Secretary of the Commonwealth on February 25, 1982. Mr. Robert Wagner Page 3 a. The name or designation under which the business was to be conducted is identified as Paradise Pools. b. The character or nature of the business to be conducted was identified as sales, service and installation of swimming pools. c. The location of the principal office or place of business was identified as 1018 Trenton Road, Fallsington, Bucks County Pennsylvania. d. The name and address of the person owning or interested in the business was identified as a Robert L. Wagner, Jr. 612 Oxford Valley Road, Fairless Hills, Pennsylvania. The application was signed by Robert L. Wagner, Jr. 5. A second Statement of Financial Interests was filed by you and received by the Commission on January 11, 1988. a. The statement was dated December 30, 1987. This statement indicates that it was filed in your position as a candidate for the Office of District Justice in Bristol Township, Pennsylvania. b. Direct or indirect sources of income in excess of $500 were identified as Bristol Township, Police Department, 2501 Oxford Valley Road, Levittown, Pennsylvania and Paradise Pools, P.O. Box 662, Levittown, Pennsylvania. c. Paradise Pools was identified as a business in which you held an officer or directorship position. The position held by you was identified as owner. d. You failed to list your ownership in Paradise Pools in Item 17 of the Statement of Financial Interests indicating that as a legal entity in business for.profit in which you had a financial interest. e. All other categories of financial interests were listed as none or n /a. Mr. Robert Wagner Page 4 6. You provided the following information in relation to the instant situation. a. You were a candidate for the office of the District Justice in February, 1987. b. You listed your sources of income for 1986 as the Bristol Police Department and Paradise Pools. c. You are the sole owner of Paradise Pools. d. You did not list your ownership on the Statement of Financial Interests under Section 16, originally, because the was not incorporated and you felt that Section 16 did not apply. You overlooked listing your ownership in Section 17. You were not attempting to conceal the fact that you own Paradise Pools. f. You worked in the pool business on a part -time basis. -.Your primary source of income was the Bristol Township Police Department. You filed an amended Statement of Financial Interests when you learned of the oversights. g. B. Discussion: As a candidate for District_ Justice in Bristol Township, Bucks County, you were required and did file a Statement of Financial Interests as per Section 4(b) of the Ethics Act, 65 P.S. 404(b). The Statement of Financial Interests was dated February 19, 1987 and listed inter alia, Paradise Pools as a source of income in excess of $500; however, Paradise Pools was not listed under line 16 as a business in which you had an office or directorship nor was it listed in item 17 as a business in which you had a financial interest. Thereafter, you filed an amended Statement of Financial Interests dated December 30, 1987, wherein you listed Paradise Pools as a source of income in excess of $500 and as a business in which you had an office or directorship. As to line 17, you once again failed to list Paradise Pools as a business in which you had a financial interests. In light of the above, you violated Section 5(b)(8)and (9) of the Ethics Act in that you failed to list Paradise Pools as a business in which you had an office or directorship as well as a business in which you had a financial interests. However, it does not appear that your failure to list Paradise Pools was occasioned by a conscious action or Mr. Robert Wagner Page 5 an attempt to conceal or realize prohibited financial gain or interests on your part. Therefore, if you file an amended Statement of Financial Interests within 30 days of the issuance of this order which lists, among your other interests, Paradise Pools as a source of income, as a business in which you have an office or directorship as well as a business in which you have a financial interest, no further action will be taken by this Commission. C. Conclusion and Order: 1. As a candidate for the office of District Justice in Bristol Township, Bucks County, in the 1987 primary election, you violated Section 5(b)(8) and (9) of the Ethics Act when you failed to list Paradise Pools as a business in which you had an office or directorship and as a business in which you had a financial interests. 2. You are hereby directed, within 30 days of the issuance of this Order, to file an amended Statement of Financial Interests wherein, in addition to your other financial interests, you list Paradise Pools as a source of income, as a business in which you have an office or directorship and as a business in which you have a financial interest. 3. Failure to comply with the provisions of paragraph 2 within 30 days, will result in the referral of this matter to the appropriate law enforcement authority. This Order is final and will be made available as a public document fifteen days after issuance. However, you may request reconsideration which will defer public release of this Order pending action on your request by the Commission. A request for reconsideration, however, does not affect the finality of this Order. A reconsideration request must be received at this Commission within fifteen days of issuance and must include a detailed explanation of your reasons as to why reconsideration should be granted in conformity with 51 Pa. Code 52.38. The files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen day period and no one, including yourself, unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, confidentiality does not preclude you from discussing this case with your attorney at law. Mr. Robert Wagner Page 6 Any person who violates 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, 65 P.S. 409(e). By .e Commissi•n, Helena G. Hughes Chair