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Pilchesky v. Cordaro

Supreme Court of Pennsylvania
Apr 30, 2007
922 A.2d 877 (Pa. 2007)

Summary

holding that a candidate's failure to disclose, in his statement of financial interests, his position as a director of a for-profit business entity constituted a fatal defect warranting his removal from the ballot

Summary of this case from Rendell v. State Ethics Com'n

Opinion

No. 353 MAL 2007.

April 30, 2007.

Petition for Allowance of Appeal No. 353 MAL 2007 from the Order of the Commonwealth Court.


ORDER


The Petition for Allowance of Appeal is GRANTED. Respondent did not disclose on his Statement of Financial Interests his position on the Board of Directors of Landmark Community Bank. See 65 Pa.C.S. § 1105(b)(8) (requiring disclosure of "[a]ny office, directorship or employment of any nature whatsoever in any business entity"); Statement of Financial Interests Instructions, Block 13 (indicating that a directorship must be disclosed, "regardless of income"). Moreover, in the face of this omission, the record does not contain a supported finding that Respondent completed his statement of financial interests to the best of his knowledge, information, and belief. See 65 Pa.C.S. § 1105(a). Accord In re Nomination Petition of Benninghoff, 578 Pa. 402, 852 A.2d 1182, 1187 (2004).

Landmark Community Bank's status as a for-profit entity renders the Commonwealth Court's and the trial court's reliance upon In re Nomination Petition of Carroll, 586 Pa. 624, 896 A.2d 566 (2006), misplaced. See id. at 574-76 (explaining that a non-profit organization does not constitute a business entity under the Ethics Act, removing it from the reporting requirements of Section 1105(b)(8)). To the extent that the Commonwealth Court focused upon this Court's analysis in Carroll surrounding the candidate's lack of financial interests in a non-disclosed entity, that analysis was in the context of Section 1105(b)(1) and its requirement of disclosure of a public position held by the candidate, see Carroll, 896 A.2d at 575-76, as opposed to the disclosure of a directorship in a for-profit business entity under Section 1105(b)(8).

Accordingly, the Order of the Commonwealth Court, which allowed Respondent to remain on the ballot, is REVERSED, and Respondent Robert C. Cordaro's name is ordered STRICKEN from the primary ballot for the Republican Party nomination for the Office of Lackawanna County Commissioner. See 65 Pa.C.S. § 1104(b)(3) (providing that the "[f]ailure to file the statement [of financial interests] in accordance with the provisions of this chapter shall . . . be a fatal defect to a petition to appear on the ballot").


Summaries of

Pilchesky v. Cordaro

Supreme Court of Pennsylvania
Apr 30, 2007
922 A.2d 877 (Pa. 2007)

holding that a candidate's failure to disclose, in his statement of financial interests, his position as a director of a for-profit business entity constituted a fatal defect warranting his removal from the ballot

Summary of this case from Rendell v. State Ethics Com'n
Case details for

Pilchesky v. Cordaro

Case Details

Full title:Joseph PILCHESKY, Petitioner, v. Robert C. CORDARO, Respondent

Court:Supreme Court of Pennsylvania

Date published: Apr 30, 2007

Citations

922 A.2d 877 (Pa. 2007)
922 A.2d 877

Citing Cases

Rendell v. Pennsylvania State Ethics Com'n

Both sides having agreed that there are no issues of material fact and that the issues are purely legal, we…

Rendell v. State Ethics Com'n

See id. at 216 n. 9. Cf. Pilchesky v. Cordaro, 592 Pa. 15, 922 A.2d 877 (2007) ( per curiam) (holding that a…