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HomeMy WebLinkAbout148 BeckMs. Patricia Beck P.O. Box 83 Cassandra, PA 15925 Re: No. 82 -36C (FIS) Dear Ms. Beck: II. Findings: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 28, 1982 No. 148 The State Ethics Commission has reviewed the possibility that you have violated the State Ethics Act, Act 178 -170. The nature of the alleged violation is as follows: I. Allegation: That as a public official you failed to file a Financial Interest Statement as required by the State Ethics Act. 1. An on -site audit of the Financial Interest Statements for Cassandra Borough was conducted on November 24, 1981, by Kevin McClincy, State Ethics Commission Auditor /Investigator. The audit indentified you as a non - filer. 2. a. You served as Borough Auditor for Cassandra Borough during the year 1981. b. You have since resigned your position. 3. You have not filed a Financial Interest Statement as required by the State Ethics Act as set forth in Section 4(a) of the Ethics Act and regulations as follows: Each public employee employed by the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency or bureau in which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed no later than May 1 of each year after he leaves such a position. 65 P.S. 404(a). Ms. Patricia Beck July 28, 1981 Page 2 Incumbent public officials in governmental bodies other than those specified in subsection (a) of this seciton who are not candidates shall file their Statement of Financial Interests only with their governmental body. 51 Pa. Code 4.4(b). 4. Under the Commission policy relating to persons who have failed to file the required Financial Interest Statement a certified letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones, dated December 21, 1981. This letter indicated that a filing was required and should be made by you. a. You responded to that letter by returning the original letter and form with the writtin words "refused because of ill health" across the front of the letter. b. Further inquiries to the Borough Secretary, Delores Mauer, indicate to us that you performed audits in 1981, and that you were appointed because the elected auditors refused to do the audits. Secretary Mauer also indicated that you no longer hold the position of auditor. 5. A certified letter was sent to you on February 9, 1982, telling you to contact us about your filing requirement. You received that letter and responded with a telephone call to Ron Deibert of this office. You were again reminded of the requirement to file the Financial Interest Statement. The nature of your illness was never determined. 6. To date you have failed to file a Financial Interest Statement as required by the State Ethics Act. Discussion: You were obligated by the provisions of the State Ethics Act as cited above to file a Financial Interest Statement for each year you hold office and for the year after you leave office. Former public officials shall file a Statement of Financial Interests for their last year of service by May 1 of the succeeding year. This statement shall be filed at the same offices where they filed when they were incumbent officials. You have failed to file such a statement and apparently refuse to do so despite being advised of the requirement as set forth above. Conclusion: Accordingly, we must find that you have violated Section 4(a) of the State Ethics Act and are subject to the penalties as set forth in Section 9(b) of the Ethics Act, 65 P.S. 409(b). This conclusion and the above information will be forwarded to the District Attorney of Cambria County for their review and possible prosecution. Ms. Patricia Beck July 28, 1982 Page 3 Our files in this case will remain confidential in accordance with Section 3(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will become available as a public document within 15 days unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confidentiality . of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). PJS /na Sincerely, - -"Paul J. mith Chai rma