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HomeMy WebLinkAbout150 FraileyMs. Susan Frailey R.D. #1 Irvona, PA 16656 Re: No. 82 -38C (FIS) Dear Ms. Frailey: II. Findings: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 28, 1982 No. 150 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. A mail audit of the Financial Interest Statements for Jordan Township was conducted on September 16, 1980, by the State Ethics Commission. Mildred Curry, Secretary for Jordan Township, returned the mail audit review questionnaire on October 14, 1980. The audit indentified you as a non - filer. 2. a. You served as Auditor for Jordan Township during the year 1980. 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. Susan Frailey 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 October 27, 1980. This letter indicated that a filing was required and should be made by you. This certified letter # P23 0124527 was signed for on November 4, 1980, as received. - 5. To date you have failed to file a Financial Interest Statement as required by the State Ethics Act. This failure was verified on April 21, 1981, by contact with Mildred Curry in Jordan Township. 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 Clearfield County for their review and possible prosecution. 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. Ms. Susan Frailey July 28, 1982 Page 3 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 (Smith Chairman