Loading...
HomeMy WebLinkAbout01-571 LefflerKenneth J. Leffler Director of Elections Carbon County Board of Elections Court House Jim Thorpe, PA 18229 -2013 ADVICE OF COUNSEL July 3, 2001 01 -571 Re: Public Official; Nominating Petition; Write -In Candidate; Borough; Mayor; Republican and Democratic Tickets; FIS. Dear Mr. Leffler: This responds to your letter dated June 6, 2001, by which you requested advice from the State Ethics Commission. Issue: Whether a candidate for borough mayor who has filed a financial interest statement ( "FIS ") with the borough and appended a copy of same to his nomination petition for the office of mayor on one party ticket must file another FIS when he is the successful write -in candidate for the same office on the other party ticket. Facts: As the Director of Elections of the Carbon County Board of Elections, you seek an advisory on behalf of Ronald Confer ( "Confer"). You state that Confer filed a nomination petition for the Office of Mayor of the Borough of Jim Thorpe on the Democratic ticket. At that time, Confer appended a copy of the FIS to his nomination petition and also filed the original FIS with the Secretary of the Borough. Confer has now been certified by the Carbon County Board of Elections as the successful write -in nominee for the Office of Mayor of the Borough of Jim Thorpe on the Republican ticket. You ask whether Confer's previous filing of an FIS at the time he filed his nomination petition as a Democrat candidate obviates the need for him to file another FIS as the successful Republican write -in candidate for the same office. Discussion: It is initially noted that pursuant to Sections 1107(10) and 1107(11) of the Ethics Act, 65 Pa.C.S. § §1107(10), (11), advisories are issued to the requestor based upon the facts which the requestor has submitted. In issuing the advisory based upon the facts which the requestor has submitted, the Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts which have not been submitted. It is the burden of the requestor to truthfully disclose all of the material facts relevant to the inquiry. 65 Pa.C.S. § §1107(10), (11). An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. Leffler /Confer, 01 -571 July 3, 2001 Page 2 In his capacity as a candidate for the Office of Mayor of the Borough of Jim Thorpe, Confer was required under the Ethics Act to append a copy of the FIS to his nomination petition for that position and also file the original FIS with the Borough. Section 1104 of the Ethics Act provides in part as follows: (b) Candidate. (2) Any candidate for county -level or local office shall file a statement of financial interests for the preceding calendar year with the governing authority of the political subdivision in which he is a candidate on or before the last day for filing a petition to appear on the ballot for election. A copy of the state of financial interests shall also be appended to such petition. 65 Pa.C.S. § 1104(b)(2). The Regulations of the Commission provide in pertinent part: * * * §15.3. Candidates /nominees. * * (e) A write -in- candidate shall file a Statement of Financial Interests within 30 days of having been nominated or elected unless the person declines the nomination or office within that period of time. (1) The Statement shall be filed with the Commission for State level public office and with the governing authority of the political subdivision wherein the person has been elected or nominated for county or local level office. (2) For the purposes of calculating the 30 -day period during which the Statement of Financial Interests shall be filed, the time shall commence on the date that the appropriate board of elections certifies the individual as the winner of a nomination or election. 51 Pa. Code § 15.3(e). In applying the provisions of the Ethics Act and Regulations to the instant matter, you are advised that because Confer has already filed an FIS with the Borough and appended a copy of the FIS to his nomination petition in one party, he would not be required to file the same FIS as the successful write -in candidate for that same position in the other party. Since Confer has filed the FIS with the governing authority of the political subdivision, that is, the Borough of Jim Thorpe, he already is in compliance with the Ethics Act. The propriety of the proposed conduct has only been addressed under the Ethics Act; the applicability of any other statute, code, ordinance, regulation or other code of conduct other than the Ethics Act has not been considered in that they do not involve an interpretation of the Ethics Act. Leffler /Confer, 01 -571 July 3, 2001 Page 3 Conclusion: In his capacity as a candidate for the Office of Mayor of the Borough of Jim Thorpe, Confer is required to file the original FIS with the Borough of Jim Thorpe and append a copy of the FIS to his nomination petition. In that Confer has already filed an FIS with the Borough and appended a copy of the FIS to his nomination petition in one party, he would not be required to file the same FIS as the successful write -in candidate for that same position in the other party. Pursuant to Section 1107(11), an Advice is a complete defense in any enforcement proceeding initiated by the Commission, and evidence of good faith conduct in any other civil or criminal proceeding, provided the requestor has disclosed truthfully all the material facts and committed the acts complained of in reliance on the Advice given. This letter is a public record and will be made available as such. Finally, if you disagree with this Advice or if you have any reason to challenge same, you may appeal the Advice to the full Commission. A personal appearance before the Commission will be scheduled and a formal Opinion will be issued by the Commission. Any such appeal must be in writing and must be actually received at the Commission within thirty (30) days of the date of this Advice pursuant to 51 Pa. Code '13.2(h). The appeal may be received at the Commission by hand delivery, United States mail, delivery service, or by FAX transmission (717 -787- 0806). Failure to file such an appeal at the Commission within thirty (30) days may result in the dismissal of the appeal. Sincerely, Vincent J. Dopko Chief Counsel