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HomeMy WebLinkAbout149 ColemanMr. Robert Coleman Star Route Spring Church, PA 15774 Re: No. 82 -37C (FIS) Dear Mr. Coleman: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 28, 1982 No. 149 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 by May 1, 1981, as required by the State Ethics Act. II. Findings: 1. An on -site audit of the Financial Interest Statements for South Bend Township was conducted on November 27, 1981, by Kevin McClincy, State Ethics Commission Auditor /Investigator. The audit identified you as a non - filer. 2. a. You served as Township Supervisor for South Bend Township during the year 1981. b. You currently serve as Township Supervisor for South Bend Township. 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, 65 P.S. 404(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 that he holds such a position and of the year after he leaves such a position. 65 P.S. 404(a). Mr. Robert Coleman July 28, 1982 Page 2 Incumbent public officials in governmental bodies other than those specified in subsection (a) of this section 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 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. No response was received and on February 5, 1982, a certified letter was sent from the State Ethics Commission to you with the address of Star Route, Spring Church, PA 15686. This certified letter No. P23 0016742 was signed for on February 9, 1982. 5. 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 by May 1, 1981. You have failed to file such a statement and apparently refuse to do so despite being advised of this requirement as set forth above. In addition, the Ethics Act, Section 4(d) provides that: No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 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 or 4(d) of the Ethics Act, 65 P.S. 409(b) and 404(d) respectively. This conclusion and the above information will be forwarded to the District Attorney of Armstrong County for his review and possible action. Mr. Robert Coleman 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, V J Paul j Smith Chairman