HomeMy WebLinkAbout152 RearickMr. Jack Rearick
Star Route
Spring Church, PA 15774
Re: No. 82 -43C (FIS)
Dear Mr. Rearick:
II. Findings:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
July 29, 1982
No. 152
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.
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 asTownship 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. Jack Rearick
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 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 0016741. The Post
Office made attempts to deliver this letter on February 8, 1982, March 18,
1982 and April 1, 1982. The Post Office returned this letter to the State
Ethics Commission unclaimed.
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(b) 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. Jack Rearick
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,
g aLt.. J
Paul ./ Smith
Chairman