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HomeMy WebLinkAbout185 SimmonsMr. Frank L. Simmons 3320 Templeton Gap #28 Colorado Springs, CO 80907 Re: No. 82 -109 -C (FIS) Dear Mr. Simmons: A. Findings: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION February 28, 1983 Order No. 185 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 employee 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 May 1, 1981 Financial Interest Statements for the Department of Public Welfare was conducted on May 24, 1982, by Kevin McClincy, State Ethics Commission Auditor /Investigator. The audit identified you as a non - filer. 2. a. You served as a Personnel Analyst III for the Northeast Administrative Field Unit during the year 1980. b. You have since resigned your position with the Department effective September 4, 1980. 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: (a) 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) Frank L. Simmons February 28, 1983 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(h). 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. a. This letter was dated June 7, 1982. b. This letter was mailed to you at the address of 1815 Ludwell Drive, Maple Glen, PT 19002. c. This letter was mailed regular first class mail. d. We received no response to this letter. 5. Another letter was addressed to you by Edward M. Seladones, Executive Director, State Ethics Commission. a. This letter was dated August 27, 1982. b. This letter was mailed to you at the address of 1815 Ludwell Drive, Maple Glen, PA 19002. c. This letter was mailed certified, return receipt requested, #P230016755. The U. S. Post Office forwarded this piece of mail to: 3330 Templeton Gap, #28, Colorado Springs, CO 80907. It was attempted for delivery to you en September 2, 1982, September 8, 1982 and September 17, 1982. . d. We received no response to this letter. This letter was returned to us September 17, 1982. e. Another letter was mailed to you on October 22, 1982 (certified return requested #P230016752) to the address of 3320 Templeton Gap, #28, Colorado Springs, CO 80907. The Post Office attempted delivery October 28, 1982, November 5, 1982 and November 12, 1982 and returned it to us "unclaimed" November 12, 1982. 6. To date you have failed to file a Financial Interest Statement as required by the State Ethics Act. Frank L. Simmons February 28, 1983 Page 3 B. Discussion: You were obligated by the provisions of the State Ethics Act as cited above to file a Financial Interest Statement. Former puhlic employees 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 employees. You have failed to file such a statement and apparently refuse to do so despite being advised of the requirement as set forth above. C. 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 he forwarded to the appropriate law enforcement officials for their review and possible action. Our files in this case will remain confidential in accordance with Section 8(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 after service unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. 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 one year or both, see 65 P.S. 409(e). PJS /jc i cc: DPW Personnel Office By the Commission, caul J.( Chairman �1 ti2: mith