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HomeMy WebLinkAbout151 AndersonMs. Margaret Anderson P.O. Box 122 Hookstown, PA 15050 RE: NO. 82 -35 -C (FIS) STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION July 29, 1982 No. 151 Dear Ms. Anderson: 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 ti,e State Ethics Act. II. Findings: 1. An on -site audit of the Financial Interest Statements for Hookstown Borough was conducted on December 30, 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 Hookstown Borough during the year 1981. b. You currently serve as Borough Auditor for Hookstown Borough. 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 Commission 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). Ms. Margaret Anderson July 29, 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 certified letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones, dated January 28, 1982. This letter indicated that a filing was required and should be made within 15 days of receipt of the letter. You signed for the letter on February 1, 1982. 5. On June 29, 1982, you filed a Financial Interest Statement with the State Ethics Commission. Discussion: You were obligated by provisions of the State Ethics Act as cited above to file a Financial Interest Statement by May 1, 1981. You have filed such a statement only as of June 29, 1982, despite being advised of the requirement that Tiling was due by May 1, 1981 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. 65 P.S. 404(d) Conclusion: While the failure to file the Financial Interest Statement timely is a violation of 4(a) Act 170 -1978, you have at least filed as of June 29, 1982. The Commission accepts this statement and will take no further action. This decision is not to be viewed as a precedent. It applies only to this situation. Future violations will be reviewed and the State Ethics Commission will take all possible actions to enforce the law and provide financial interest information to the public. You are required to file a Financial Interest Statement no later than May 1 of each year you hold your position and of the year after you leave your position. The filing need only be made with Hookstown Borough. If and when you become a candidate for public office, you will be required to file a Financial Interest Statement with both the State Ethics Commission and the governing authority of the political subdivision where you are a candidate. Ms. Magaret Anderson July 29, 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 Chairman