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