HomeMy WebLinkAbout032SR JohnstonSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG. PENNSYLVANIA 17120
IN RE: JOHN L. JOHNSTON File Docket: 92 -065 -P
Date Decided: December 10, 1992
Date Mailed: December 15, 1992
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
By motion and vote on December 10, 1992, the State Ethics
Commission requested ex parte reconsideration of Johnston, Order
No. 032 -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.
51 Pa. Code §2.38(b).
This adjudication of the Commission is hereby issued which
sets forth the Discussion and Reconsideration Order.
This Reconsideration Order as with Order No. 032 -S is final
and is a public document.
John L. Johnston
December 15, 1992
Page 2
ADJUDICATION
DISCUSSION: By motion and vote on December 10, 1992, the State
Ethics Commission requested ex parte reconsideration of Johnston,
Order No. 032 -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. 032 -S, we determined that John L. Johnston,
hereinafter Johnston, as a Member of the State Board of Osteopathic
Medicine failed to comply with Sections 4 and 5 of the Ethics Law
(Act 9 of 1989), 65 P.S. §S404, 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 Johnston
at the rate of $25.00 per day for each day Johnston's Statement of
Financial Interests for calendar year 1990 had remained delinquent,
for the total civil penalty of $250.0 We ordered Johnston to pay
the above civil penalty in the total amount of $250.00 within
thirty days of the issuance of Order No. 032 -S, by forwarding a
check to this Commission payable to the Commonwealth of
Pennsylvania for deposit in the State Treasury. Furthermore, we
directed Johnston within thirty days of issuance of Order. No. 032 -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. 032 -S against
Johnston were defective in that an improper address for Johnston
was used. It has been determined through further review of the
records of the State Ethics Commission that the address used
throughout these proceedings was not the current address of
Respondent Johnston. The parameters for granting reconsideration
include circumstances such as these, where a material error of fact
has been made.
Upon review of the Order in conjunction with the improper
address used throughout these proceedings, there has been a showing
of a material error of fact which would warrant reconsideration.
We hereby grant the request for reconsideration of Johnston,
Order No. 032 -S and vacate said Order. We direct that notice of
the delinquency of Respondent John L. Johnston's Statement of
Financial Interests for calendar year 1990 shall be issued to
Respondent John L. Johnston in conformity with Section 7(5) of the
Ethics Law, 65 P.S. S407 (5) , said notice to be issued to Respondent
at his current address.
IN RE:
JOHN L. JOHNSTON : File Docket: 92 -065 -P
Date Decided: December 10, 1992
Date Mailed: December 15, 1992
RECONSIDERATION ORDER 032 -S -R
1. The ex parte request by the State Ethics Commission to
reconsider Order No. 032 -S issued on September 18, 1992 is
granted.
2. Johnston, Order No. 032 -S is vacated.
3. Notice of the delinquency of Respondent John L. Johnston's
Statement of Financial Interests for calendar year 1990 shall
be issued to Respondent John L. Johnston in conformity with
Section 7(5) of the Ethics Law, 65 P.S. §407(5), said notice
to be issued to Respondent at his current address.
BY THE COMMISSION,
JAMES M. HOWLS