HomeMy WebLinkAbout1436 Complainant AIn Re: Complainant "A" File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
ID # 06 -032
LD # 06- 032 -WUA
Order No. 1436
3/27/07
4/11/07
The Investigative Division of the State Ethics Commission conducted an
investigation regarding a possible wrongful use of act and breach of confidentiality under
the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq.,
as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named
"Complainant." Written notice of the specific allegations was served at the commencement
of the investigation. Upon completion of the investigation, the Investigative Division issued
and served upon Complainant a Findings Report identified as an "Investigative Complaint,"
which constituted the Investigation Division's Complaint against the Complainant. An
Answer was filed and a hearing was requested. A Stipulation of Findings and a Consent
Agreement waiving an evidentiary hearing were subsequently submitted by the parties to
the Commission for consideration. The Stipulation of Findings is quoted as the Findings in
this Order. The Consent Agreement has been approved.
Upon issuance, the portion of this adjudication and Order pertaining to wrongful use
of the Ethics Act shall constitute the "preliminary determination" of this Commission as to
wrongful use of the Ethics Act. Per the Commission Regulations at 51 Pa. Code § 25.3(d),
this Commission shall notify the Complainant and the "Subjects" (the persons against
whom the original Complaints were filed) of the Commission's preliminary determination in
this case. If no appeal is filed with this Commission within thirty days after the mailing date
noted above, the preliminary determination will become absolute, will constitute the final
determination of this Commission as to wrongful use of the Ethics Act (51 Pa. Code §
25.4), and will be made available in redacted form as a public document.
If the final determination of this Commission is that the Complainant has wrongfully
used the Ethics Act, then upon receiving a written request from a Subject, this Commission
shall provide to such Subject the name and address of the Complainant, together with a
copy of the final determination of this Commission. 65 Pa.C.S. § 1110(c).
The files in this case will remain confidential in accordance with Section 1108 of the
Ethics Act, 65 Pa.C.S. § 1108. Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not
more than one year, 65 Pa.C.S. § 1109(e). Confidentiality does not preclude discussing
this case with an attorney at law.
Complainant "A"
ID # 06- 032 /LD # 06- 032 -WUA
Page 2
Complainant "A"
ID # 06- 032 /LD # 06- 032 -WUA
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I. ALLEGATIONS:
That Complainant "A ", a private citizen and Complainant residing in Township "B ",
violated Sections 1108 (k)(1)(2)(3)(4)(5)(6)(7)(8)(9), 1109(e) and 1110(a)(2) provisions of
the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1108 (k)(1)(2)(3)(4)(5)(6)(7)(8)(9),
1109(e) and 1110(a)(2) by disclosing or causing to be disclosed that complaints had been
filed against Township "B" Supervisors Respondent C, case number [number] and
Respondent G, case number [number].
II. FINDINGS:
1 Complainant "A" is a resident of Township "B" located in the Commonwealth of
Pennsylvania.
a. Between at least December 2005 and January 2006, Complainant "A"
maintained a website devoted to local topics of interest.
b. Complainant "A" is the source of all information posted on the website and
confirmed to an investigator from the State Ethics Commission that he /she
authors and posts all information contained on the website.
2. Complainant "A" periodically attended Township "B" Supervisor Meetings as a
member of the public, as he /she is active in local government issues.
3. Complainant "A" was a candidate for the position of Township "B" Supervisor in the
fall of 2005.
a. Complainant "A's" opponent was Respondent "C," an incumbent member of
the Township "B's" Board of Supervisors.
b. Complainant "A" was defeated by Respondent "B" [sic] in the November
2005 election.
4. Throughout his /her candidacy, Complainant "A" maintained information on his /her
website relating to his /her opinions on local political and government issues; these
include[d] articles critical of the current township administration.
5. On December 9, 2005, [at] 10:04 a.m., the State Ethics Commission received a
signed Sworn Complaint alleging that Township "B" Supervisor, Respondent "C,"
violated provisions of the Ethics Act. The Complaint stated as follows:
"1. Misuse of taxpayer funds, by his /her use of township
authorized MasterCard for personal goods and services
(computers, vitamins, meals) without reimbursing taxpayers.
2. Abuse of authority — i.e. creating $60,000 per year job for
himself /herself in November 2005 without it being voted on in
township meeting.
3. Depositing funds received by township from
contractors /developers into township general fund instead of
escrow accounts according to state law."
a. This complaint was notarized on December 7, 2005, by Notary "D,"
Township "E," County "F."
b. The complaint contained the signature of Complainant "A ".
6. On December 9, 2005, at 10:04 a.m. the State Ethics Commission received a Sworn
Complainant "A"
ID # 06- 032 /LD # 06- 032 -WUA
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Complaint alleging that Township "B" Supervisor, Respondent "G," violated
provisions of the Ethics Act. The complaint stated as follows:
"Misuse of township authorized MasterCard questionable
expenditures, not reimbursing township for his /her spouses'
expenses. Arranging preferential treatment and favorable conditions
for his /her son (a township job @ $37,000 a year and renting a
township property to him subvertly far below market value) without
voting on it, listing taxpayers money."
a. This complaint was notarized on December 7, 2005, by Notary "D,"
Township "E," County "F."
b. The complaint contained the signature of Complainant "A."
7 Notary "D" notarized both complaints against Respondent "C" and Respondent "G"
on December 7, 2005.
8. The complaints were filed on a State Ethics Commission complaint form SEC 3,
5/90.
a. SEC complaint forms automatically include the instructions for filing the
complaint as well as the specific provision of the Ethics Act noted in Finding
#15 below.
9. The complaint form contains instructions listed on the reverse side of the form.*
a. Also listed on the reverse of the form under the title of IMPORTANT are
Sections 8, 9, and 10 of the Ethics Act relating to confidentiality and the filing
of frivolous complaints.
b. Section 8(k) of the Ethics Act provides as follows:
As a general rule, no person shall disclose or acknowledge, to
any other person, any information relating to a complaint,
preliminary inquiry, investigation, hearing or petition for
reconsideration which is before the commission. However, a
person may disclose or acknowledge to another person
matters held confidential in accordance with the subsection
when the matters pertain to any of the following:
(1) final orders of the commission as provided in section
8(h);
(2) hearings conducted in public pursuant to section 8(g);
(3) for the purpose of seeking advice of legal counsel;
(4) communicating with the commission or its staff, in the
course of a preliminary inquiry, investigation, hearing or
petition for reconsideration by the commission;
(6) consulting with a law enforcement official or agency for
the purpose of initiating, participating in or responding
to an investigation or prosecution by the law
enforcement official or agency;
(7) testifying under oath before a governmental body or a
similar body of the United States of America;
(8) any information, records or proceedings relating to a
complaint, preliminary inquiry, investigation, hearing or
petition for reconsideration which the person is the
Complainant "A"
ID # 06- 032 /LD # 06- 032 -WUA
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subject of; or
(9) such other exceptions as the commission, by
regulation, may direct."
c. Section 9(e) of the Ethics Act:
Any person who violates the confidentiality of the commission
proceeding pursuant to section 8, is guilty of a misdemeanor
and shall be fined not more than $1,000 or imprisoned for not
more than one year, or be both fined and imprisoned. Any
person who engages retaliatory activity proscribed by Section
8(j) is guilty of a misdemeanor and, in addition to any other
penalty provided by law, shall be fined not more than $1,000
or imprisoned for not more than one year, or be both fined and
imprisoned. Any person who willfully affirms or swears falsely
in regard to any material matter before a commission
proceeding pursuant to section 8 is guilty of a felony and shall
be fined no more than $5,000 or imprisoned for not more than
five years, or be both fined and imprisoned."
d. Section 10 (a) and (b) of the Ethics Act provides as follows:
"A person who signs a complaint alleging a violation of this act
against another is subject to liability for wrongful use of this act
if:
(1) The complaint was frivolous, as defined by this act, or
without probably cause and made primarily for a
purpose other than that of reporting a violation of this
act; or
(2) He publicly disclosed or caused to be disclosed that a
complaint against a person had been filed with the
commission.
A person who signs a complaint alleging a violation of this act
has probably cause for doing so if he reasonably believes in
the existence of the facts upon which the claim is based and
either:
(1) reasonably believes that under those facts the
complaint may be valid under this act; or
(2) believes to this effect in reliance upon the advice of
counsel, sought in good faith and given after full
disclosure of all relevant facts within his knowledge and
information."
10. On January 23, 2006, correspondence from the State Ethics Commission was sent
to Complainant "A" as the complainant(s) who filed the Sworn Complaints with the
SEC on December 9, 2005.
a. Language contained in the correspondence consisted of:
You will be informed of subsequent actions as follows:
1. If we find we have no jurisdiction, we will notify you.
2. If we have jurisdiction, we may commence a preliminary inquiry
in order to determine if there is sufficient information to warrant
Complainant "A"
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further investigation.
3. You will be notified of further action in this matter.
4. In the event that a full investigation is initiated, you will receive
periodic letters advising of the status of the investigation. You
will also receive a copy of the Commission's final Order when
this matter is closed.
Furthermore, Section 8(k) of the Ethics Act provides generally,
that Commission proceedings and records relating to an investigation
shall be confidential. In addition, Section 9(e) of the Ethics Act is
applicable and because of its importance, we have enclosed it with
this letter. As a complainant, please read these requirements which
apply to you.
11. Complainant "A" admitted to an investigator of the State Ethics Commission that
information on his /her website included a disclosure that he /she followed through
with a threat to file a complaint with the State Ethics Commission against Township
"B" Supervisors.
a. This information remained on the website from approximately December 22,
2005, to January 25, 2006.
b. Complainant "A" asserts that this information was not for public review.
12. On January 25, 2006, Complainant "A" updated the information contained on
his /her website referencing correspondence he /she received from the State Ethics
Commission.
a. Language contained on the website read as follows:
"Now, to the important news, I have a binding legal obligation to keep
silent and I can no longer freely discuss any information or evidence I
have concerning activities I have spoken out or written about
previously. The State Ethics Commission sent me two letters
informing me of my responsibilities while they do their job, and I plan
to obey the law."
b. Complainant "A" updated the website one day after receiving the
correspondence from the State Ethics Commission referenced in Finding
#16.
c. Information contained on Complainant "A's" website was available for public
review through May of 2006.
d. Complainant "A's" website and all of the information thereon was in the
public domain and available for unrestricted public review.
13. On March 21, 2006, correspondence from the State Ethics Commission was sent to
Complainant "A" as the complainant(s) who filed the Sworn Complaints with the
State Ethics Commission on December 9, 2005.
a. Language contained in the correspondence consisted of:
The Investigative Division of the State Ethics Commission has
initiated a full investigation in relation to the complaint that you filed in
Complainant "A"
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Page 7
the above - captioned matter.
You will be notified every 90 days hereafter until a final
resolution of this matter of the status thereof.
You may be contacted by a State Ethics Commission
Investigator in the event that additional information is necessary.
Please be advised that Section 8(k) of the Ethics Law provides
in part that no person shall disclose or acknowledge to any other
person any information relating to a complaint, preliminary inquiry,
investigation, hearing or petition for reconsideration which is before
the Commission. The Ethics Law provides penalties for violating said
provision. If you have any questions, please contact a representative
of the State Ethics Commission's Investigative Division.
14. In addition to his /her website, Complainant "A" provided information contained in
the complaint that he /she filed with the State Ethics Commission to Newspaper "H"
and Newspaper "I," newspapers of general circulation in Township "B."
a. Complainant "A" avers that said information was provided to Reporter "J" of
Newspaper "H" prior to the filing of any complaint with the Ethics
Commission; however, once the complaint was filed, Complainant "A"
continued to follow -up with information to reporters from both Newspaper "H"
and Newspaper "I."
15. Complainant "A's" website and comments he /she provided to the media resulted in
a series of news articles appearing in local newspapers referring to the Ethics
Commission's investigation of Respondent "C" and Respondent "G," which in part
contained the following:
a. May 14, 2006
Newspaper "H ": The allegations come to light because Respondent
"C's" opponent in the 2005 election, Complainant "A," referred to the
Commission's investigation on his /her campaign website."
In an interview, Complainant "A" said the Commission is investigating
the two supervisors, and he /she refers to the investigation on his /her
website."
"Complainant "A" said the Commission has sent him /her two letters
telling him /her to not comment on the investigation and it makes note
of this on his /her website."
b. June 15, 2006
Newspaper "1 ": "Complainant "A" would not comment on details of the
Pennsylvania State Ethics Commission investigation into the
spending practices of Township "B" elected officials. He /She did tell
the press that he /she filed a complaint with the commission earlier
this year.
"He /She spoke to the press on Sunday. "I believe I am one of many
who filed complaints, but the only one who was publicly exposed,"
Complainant "A" said."
Complainant "A"
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"Complainant "A" would not discuss details of his /her letter to the
Commission, but said the investigation had been mentioned on
his /her former campaign website."
On Sunday, Complainant "A" explained the reasons for filing his /her
complaint with the Ethics Commission. If you had knowledge that
someone in your community is committing a crime, what would you
do ?" he /she asked. "There is evidence they are not spending tax
payer's money properly. We need accountability."
16. During telephone contacts on May 4 and May 15, 2006, Complainant "A" disclosed
to a State Ethics Commission investigator that he /she violated the Confidentiality
Provision of the State Ethics Act.
a. Complainant "A" disclosed discussing [his /her] complaint with Reporter "J"
[sic] of the Newspaper "H."
b. Complainant "A" acknowledged that these actions all occurred following
his /her filing of the complaint with the Commission.
17. Complainant "A" disclosed to Ethics Commission investigators that he /she provided
a copy of the complaints and the accompanying documentation to Resident "K' and
Resident "L."
18. Complainant "A" was the source of information that Sworn Complaint[s] had been
filed with the State Ethics Commission against Township "B" Supervisor[s]
Respondent "C" and Respondent "G."
a. Complainant "A's" public disclosure included information related to the
complaints disseminated on the website.
b. Complainant "A" also disclosed information regarding the filing of complaints
against Respondent "C" and Respondent "G" which resulted in newspaper
articles being published in May and June 2006 in papers circulated in
Township "B."
*[Finding 9 or its sub - findings, which are reproduced as they appear in the Consent
Agreement, contain minor typographical errors and errors in statutory section numbers.]
III. DISCUSSION:
Complainant "A" is a resident of Township "B" who filed complaints with this
Commission against Respondent "C" and Respondent "G." As a Complainant,
Complainant "A" is subject to the confidentiality and wrongful use of act provisions of the
Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §§ 1108(k) and 1110.
The allegations before us are that Complainant "A" violated Sections 1108(k)(1) -(9),
1109(e), and 1110(a)(2) when he /she, as a private citizen and Complainant, disclosed or
caused to be disclosed that complaints had been filed against Township "B" Supervisors
Respondent "C" and Respondent "G."
Subject to certain exceptions, Section 1108(k) of the Ethics Act provides that no
person shall disclose or acknowledge to any other person any information relating to a
complaint, preliminary inquiry, investigation, hearing or reconsideration petition that is
before this Commission:
Complainant "A"
ID # 06- 032 /LD # 06- 032 -WUA
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Section 1108. Investigations by commission
(k) Confidentiality. —As a general rule, no person
shall disclose or acknowledge, to any other person, any
information relating to a complaint, preliminary inquiry,
investigation, hearing or petition for reconsideration which is
before the commission. However, a person may disclose or
acknowledge to another person matters held confidential in
accordance with this subsection when the matters pertain to
any of the following:
(1) final orders of the commission as provided in
subsection (h);
(2) hearings conducted in public pursuant to
subsection (g);
for the purpose of seeking advice of legal
counsel;
(3)
(4) filing an appeal from a commission order;
(5) communicating with the commission or its staff,
in the course of a preliminary inquiry,
investigation, hearing or petition for
reconsideration by the commission;
(6) consulting with a law enforcement official or
agency for the purpose of initiating, participating
in or responding to an investigation or
prosecution by the law enforcement official or
agency;
(7)
testifying under oath before a governmental
body or a similar body of the United States of
America;
(8) any information, records or proceedings relating
to a complaint, preliminary inquiry, investigation,
hearing or petition for reconsideration which the
person is the subject of; or
such other exceptions as the commission by
regulation may direct.
(9)
65 Pa. C. S. § 1108(k).
This Commission's Regulations provide for certain additional exceptions to the
confidentiality requirements, which are not relevant to this case. 51 Pa. Code § 21.6.
Section 1110 of the Ethics Act, the wrongful use of act provision, provides in part
that a wrongful use of act occurs if a person who filed a complaint publicly disclosed or
caused to be disclosed that a complaint against another person was filed with this
Commission:
Section 1110. Wrongful use of chapter
Complainant "A"
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(a) Liability. —A person who signs a complaint alleging
a violation of this chapter against another is subject to liability
for wrongful use of this chapter if:
(2) he publicly disclosed or caused to be disclosed
that a complaint against a person had been filed
with the commission.
65 Pa.C.S. § 1110(a)(2).
Section 1109(e) of the Ethics Act provides criminal penalties for violation of the
confidentiality of a Commission proceeding. 65 Pa.C.S. § 1109(e).
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Complainant "A" is a resident of Township "B" located in the Commonwealth of
Pennsylvania. On December 9, 2005, the Investigative Division received two complaints
filed by Complainant "A" against Respondent "C" and Respondent "G." Both of the
aforesaid complaints were filed by Complainant "A" on Form SEC -3 5/90, which form
specifically references the confidentiality provisions of the Ethics Act now codified at
Sections 1108(k), 1109(e), and 1110 of the Ethics Act.
In December 2005 and January 2006, Complainant "A" maintained a website
devoted to local topics of interest. Complainant "A" was the source of all information
posted on the website. From approximately December 22, 2005, to January 25, 2006, the
information on Complainant "A's" website included a disclosure that he /she followed
through with a threat to file a complaint with this Commission against Township "B"
Supervisors. Complainant "A" has asserted that this information was not for public review.
On January 23, 2006, and March 21, 2006, the Investigative Division issued
correspondence to Complainant "A" relating to the processing of the complaints that
Complainant "A" had filed against Respondent "C" and Respondent "G." Such
correspondence referenced the confidentiality requirements of Section 1108(k) of the
Ethics Act.
On January 25, 2006, Complainant "A" updated the information contained on his /her
website referencing correspondence he /she received from the State Ethics Commission.
Language contained on the website read as follows:
Now, to the important news, I have a binding legal obligation to keep
silent and I can no longer freely discuss any information or evidence I
have concerning activities I have spoken out or written about
previously. The State Ethics Commission sent me two letters
informing me of my responsibilities while they do their job, and I plan
to obey the law.
Fact Finding 12 a.
Information contained on Complainant "A's" website was available for public review
through May of 2006. Complainant "A's" website and all of the information on it was in the
public domain and available for unrestricted public review.
In addition to his /her website, Complainant "A" provided information contained in at
Complainant "A"
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least one of the complaints that he /she filed with the State Ethics Commission to
Newspaper "H" and Newspaper "I," newspapers of general circulation in Township "B."
After filing the complaint(s), Complainant "A" provided follow -up information to reporters of
both Newspaper "H" and Newspaper "I."
The parties have stipulated that Complainant "A's" website and comments he /she
provided to the media resulted in a series of news articles appearing in local newspapers
referring to Complainant "A's" filing of at least one complaint with this Commission and the
Investigative Division's investigations of Respondent "C" and Respondent "G."
On May 4, 2006, and May 15, 2006, Complainant "A" disclosed to a Commission
investigator that Complainant "A" violated the confidentiality provision(s) of the Ethics Act.
Complainant "A" disclosed discussing his /her complaint with a reporter of Newspaper "H."
Complainant "A" acknowledged that these actions all occurred following his/her filing of the
complaint(s) with the Commission.
Complainant "A" also disclosed to Ethics Commission investigators that he /she
provided a copy of the aforesaid complaints and the accompanying documentation to
Resident "K" and Resident "L."
Complainant "A" was the source of information that Sworn Complaints had been
filed with this Commission against Respondent "C" and Respondent "G." Complainant
"A's" public disclosure included information related to the complaints disseminated on the
website. Complainant "A" also disclosed information regarding the filing of complaints
against Respondent "C" and Respondent "G" which resulted in newspaper articles being
published in May and June 2006 in papers circulated in Township "B."
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in relation to
the above allegations:
a. That a violation of Section 1108 (k) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1108(k)
occurred when Complainant "A" disclosed or
acknowledged, to at least two or more other individuals,
information relating to a filed complaint, preliminary
inquiry, and /or investigation pending before the State
Ethics Commission, by providing information to
reporters of Newspaper "H" and Newspaper "I,"
newspapers of general circulation in Township "B," and
by providing information for public review by creating,
maintaining, and updating an internet website identified
as [website address].
b. That a violation of Section 1110 of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1110 occurred
when Complainant "A ", as the individual who signed a
complaint alleging a violation of the Ethics Act against
Respondent "C" and Respondent "G," publicly
disclosed or caused to be disclosed that a complaint
against Respondent "C" and Respondent "G" had been
filed with the State Ethics Commission by providing
Complainant "A"
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information to reporters of "Newspaper "H" and
"Newspaper "1," newspapers of general circulation in
Township "B," and by providing information for public
review by creating, maintaining, and updating an
internet website identified as [website address].
4. Complainant "A" agrees to make payment in the amount of $500.00 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Respondent's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who may
so choose to review this matter further.
Consent Agreement, at 1 -2.
In considering the Consent Agreement, it is clear that Complainant "A" violated both
Section 1108(k) and Section 1110 of the Ethics Act by breaching the confidentiality of
Commission proceedings and publicly disclosing, through information on his /her website,
communications to reporters, and documents provided to Resident "K" and Resident "L,"
that complaints had been filed with this Commission against Respondent "C" and
Respondent "G" and that this Commission was investigating those individuals. Specific
disclosures included: (1) information that appeared on Complainant "A's" website from
approximately December 22, 2005, to January 25, 2006, disclosing that Complainant "A"
had followed through with a threat to file a complaint with this Commission against
Township "B" Supervisors; (2) Complainant "A's" January 25, 2006, update to the
information contained on his /her website referencing correspondence that he /she had
received from this Commission and his /her duty to remain silent regarding activities that
he /she had previously spoken or written about; (3) information that Complainant "A"
provided to Newspaper "H" and Newspaper "1" regarding the filing of at least one of the
complaints and this Commission's investigations of Respondent "C" and Respondent "G ";
and (4) copies of the complaints and accompanying documentation that Complainant "A"
provided to Resident "K" and Resident "L."
We hold that a violation of Section 1108(k) of the Ethics Act occurred when
Complainant "A" disclosed or acknowledged, to at least two or more other individuals,
information relating to a filed complaint, preliminary inquiry, and /or investigation pending
before the State Ethics Commission, by providing information to reporters of Newspaper
"H" and Newspaper "1," newspapers of general circulation in Township "B," and by
providing information for public review by creating, maintaining, and updating an internet
website identified as [website address].
We further hold that a violation of Section 1110 of the Ethics Act occurred when
Complainant "A," as the individual who signed a complaint alleging a violation of the Ethics
Act against Respondent "C" and Respondent "G," publicly disclosed or caused to be
disclosed that a complaint against Respondent "C" and Respondent "G" had been filed
with this Commission by providing information to reporters of Newspaper "H" and
Newspaper "1," newspapers of general circulation in Township "B," and by providing
information for public review by creating, maintaining, and updating an internet website
identified as [website address].
Complainant "A"
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Page 13
We note that the Consent Agreement does not include a recommended disposition
as to the allegation involving Section 1109(e), which Section this Commission would not be
able to address because it is a criminal penalty provision.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, pursuant to the Consent Agreement, Complainant "A" is directed to
make payment in the amount of $500 to the Commonwealth of Pennsylvania within 30
days of the date of mailing of this Order, by forwarding a check in the amount of $500
made payable to the Commonwealth of Pennsylvania to this Commission for processing.
At such time as this determination becomes a public record, Chief Counsel shall
publicly release a copy of this redacted adjudication and Order, and, in conformity with
Section 1110(c) of the Ethics Act, 65 Pa.C.S. § 1110(c), shall, upon receiving a written
request from Respondent "C" or Respondent "G," provide the name and address of
Complainant "A" to such Respondent, together with copies of the final determination of this
Commission.
IV. CONCLUSIONS OF LAW:
1. Complainant "A," as a resident of Township "B" who on December 9, 2005, filed
complaints with this Commission against Respondent "C" and Respondent "G," is a
Complainant subject to the confidentiality and wrongful use of act provisions of the
Public Official and Employee Ethics Act ( "Ethics Act "), and specifically 65 Pa.C.S.
§§ 1108(k) and 1110.
2. Complainant "A" violated Section 1108(k) of the Ethics Act when Complainant "A"
disclosed or acknowledged, to at least two or more other individuals, information
relating to a filed complaint, preliminary inquiry, and /or investigation pending before
the State Ethics Commission, by providing information to reporters of Newspaper
"H" and Newspaper "I," newspapers of general circulation in Township "B," and by
providing information for public review by creating, maintaining, and updating an
internet website identified as [website address].
3. Complainant "A" violated Section 1110 of the Ethics Act when Complainant "A," as
the individual who signed a complaint alleging a violation of the Ethics Act against
Respondent "C" and Respondent "G," publicly disclosed or caused to be disclosed
that a complaint against Respondent "C" and Respondent "G" had been filed with
the State Ethics Commission by providing information to reporters of Newspaper "H"
and Newspaper "I," newspapers of general circulation in Township "B," and by
providing information for public review by creating, maintaining, and updating an
internet website identified as [website address].
In Re: Complainant "A" File Docket:
ORDER NO. 1436
Date Decided:
Date Mailed:
ID # 06 -032
LD # 06- 032 -WUA
3/27/07
4/11/07
1 Complainant "A," as a resident of Township "B" who on December 9, 2005, filed
complaints with this Commission against Respondent "C" and Respondent "G,"
violated Section 1108(k) of the Ethics Act when Complainant "A" disclosed or
acknowledged, to at least two or more other individuals, information relating to a
filed complaint, preliminary inquiry, and /or investigation pending before the State
Ethics Commission, by providing information to reporters of Newspaper "H" and
Newspaper "I," newspapers of general circulation in Township "B," and by providing
information for public review by creating, maintaining, and updating an internet
website identified as [website address].
2. Complainant "A" violated Section 1110 of the Ethics Act when Complainant "A," as
the individual who signed a complaint alleging a violation of the Ethics Act against
Respondent "C" and Respondent "G," publicly disclosed or caused to be disclosed
that a complaint against Respondent "C" and Respondent "G" had been filed with
the State Ethics Commission by providing information to reporters of Newspaper "H"
and Newspaper "I," newspapers of general circulation in Township "B," and by
providing information for public review by creating, maintaining, and updating an
internet website identified as [website address].
3. Pursuant to the Consent Agreement, Complainant "A" is directed to make payment
in the amount of $500 to the Commonwealth of Pennsylvania within 30 days of the
date of mailing of this Order, by forwarding a check in the amount of $500 made
payable to the Commonwealth of Pennsylvania to this Commission for processing.
4. At such time as this determination becomes a public record, Chief Counsel shall
publicly release a copy of this redacted adjudication and Order, and, in conformity
with Section 1110(c) of the Ethics Act, 65 Pa.C.S. § 1110(c), shall, upon receiving a
written request from Respondent "C" or Respondent "G," provide the name and
address of Complainant "A" to such Respondent, together with copies of the final
determination of this Commission.
5. Compliance by Complainant "A" with Paragraph 3 or this Order will result in the
closing of this case with no further action by this Commission beyond that set forth
in Paragraph 4 of this Order.
a. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair
Name, Case #
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