HomeMy WebLinkAbout029SR BishopIN RE:
SAMUEL E. BISHOP
51 Pa. Code S2.38(b).
This adjudication of
sets forth the Discussion
This Reconsideration
and is a public document.
STATE ETHICS COMMISSION
.308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 92 -060 -P
Date Decided: February 16, 1993
Date Mailed: February 19, 1993
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
Joseph W. Marshall III
By motion and vote on February 16, 1993, the State Ethics
Commission requested ex parte reconsideration of Bishop, Order No.
029 -S issued on September 18, 1992. Pursuant to Section 2.38(b) of
the regulations of the Commission, the discretion of the State
Ethics Commission to grant reconsideration is properly invoked as
follows:
(b) Any party may ask the Commission to reconsider
an order within 15 days of service of the order. The
person requesting reconsideration should present a
detailed explanation setting forth the reason why the
order should be reconsidered. Reconsideration may be
granted at the discretion of the Commission only where
any of the following occur:
(1) A material error of law has been made.
(2) A material error of fact has been made.
(3) New facts or evidence are provided which
would lead to reversal or modification of the
order and where these could not be or were not
discovered previously by the exercise of due
diligence.
the Commission is hereby issued which
and Reconsideration Order.
Order as with Order No. 029 -S is final
Samuel E. Bishop
February 19, 1993
Page 2
ADJUDICATION
DISCUSSION: By motion and vote on February 16, 1993, the State
Ethics Commission requested ex parte reconsideration of Bishop
Order No. 029 -S, issued on September 18, 1992. The Commission's
inherent authority to request reconsideration of a Commission Order
is clear. Cappabianca, Opinion 89- 014 -R.
In Order No. 029 -S, we determined that Samuel E. Bishop,
hereinafter Bishop, as a Member of the State Board of Occupational
Therapy Education and Licensure ( "Board ") failed to comply with
Sections 4 and 5 of the Ethics Law (Act 9 of 1989), 65 P.S. SS404,
405, by failing to timely file a Statement of Financial Interests
for calendar year 1990 with the State Ethics Commission and the
Governor's Office of Administration. We levied one civil penalty
against Bishop at the rate of $25.00 per day for each day Bishop's
Statement of Financial Interests for calendar year 1990 had
remained delinquent, for the total civil penalty of $250.00. We
ordered Bishop to pay the above civil penalty in the total amount
of $250.00 within thirty days of the issuance of Order No. 029 -S,
by forwarding a check to this Commission payable to the
Commonwealth of Pennsylvania for deposit in the State Treasury.
Furthermore, we directed Bishop within thirty days of issuance of
Order No. 029 -S to file a complete and accurate Statement of
Financial Interests for calendar year 1990 with the State Ethics
Commission and the Governor's Office of Administration, providing
full financial disclosure as required by the Ethics Law.
In the reconsideration request it is suggested that the
proceedings resulting in the issuance of Order No. 029 -S against
Bishop were defective in. that Bishop was no longer serving on the
Board so as to be required to file a Statement of Financial
Interests for calendar year 1990. New facts have been obtained
from the Department of State, Bureau of Professional and
Occupational Affairs. Bishop did not attend any Board meeting
after March of 1989, and he was removed as a Board Member effective
January 1, 1990.
The parameters for granting reconsideration include
circumstances such as these, where such new facts are obtained.
Upon review of the Order in conjunction with the new facts
obtained, reconsideration is warranted. Bishop's service on the
Board terminated in 1989, so that he would not have been required
to file a Statement of Financial Interests for calendar year 1990.
We hereby grant the request for reconsideration of Bishop
Order No. 029 -S and vacate said Order.
IN RE: SAMUEL E. BISHOP : File Docket: 92 -060 -P
: Date Decided: February 16, 1993
: Date Mailed: February 19, 1993
RECONSIDERATION ORDER 029 -S -R
1. The ex parte request by the State Ethics Commission to
reconsider Order No. 029 -S issued on September 18, 1992 is
granted.
2. Bishop, Order No. 029 -S is vacated.
BY THE COMMISSION,
JAMES M. HOWLEY,