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HomeMy WebLinkAbout188 HopkinsMr. Darryl L. Hopkins 2040 Sonny Street Pittsburgh, PA 16748 Re: No. 82 -105 -C (FIS) Dear Mr. Hopkins: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Feburary 28, 1983 Order No. 188 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. - A. Findings: 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 Field Auditor III for the Western Field Office during the year 1980. b. Yil currently serve as a Field Auditor III for the Western Field Office. 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) Darryl L. Hopkins 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(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. a. This letter was dated June 7, 1982. b. This Teter was mailed to you at the address of 2040 Sonny Street, Pittsburgh, PA 15221. c. This letter was mailed by 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 2040 Sonny Street, Pittsburgh, PA 15521. c. This, letter was mailed certified, return receipt requested, #0018399. The'U.S. Post Office attempted delivery August 30, 1982, September 4, 1982' and September 14, 1982. d. We received no response to this letter. This letter was to us "unclaimed." 6. To date you have failed to file a Financial Interest Statement as required by the State Ethics Act. Darryl L. Hopkins 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 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: (d) 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) 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 be forwarded to the appropriate law enfocement 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 cc: DPW Personnel Office Larry Toth, Chief State Headquarters Division By the Commission, i / A Chairman