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HomeMy WebLinkAbout224-R NorrisCharles H. Norris, Jr. 125 Strafford Avenue Building #3 Wayne, PA 19087 Re: Order No. 224; File No. 83 -117 -C Dear Mr. Norris: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 RECONSIDERATION ORDER OF COMMISSION January 6, 1984 No. 224 -R This refers to the Petition for Reconsideration you presented on August 31, 1983, with respect to the above - captioned Order issued on August 22, 1983 pursuant to 51 Pa. Code 2.38. The discretion of the State Ethics Commission to grant reconsideration is properly invoked, pursuant to our regulations, 51 Pa. Code 2.38(b) when: (b) Any party may ask the Commission to reconsider an order within 15 days of service to the order. The person requesting reconsideration should present a detailed explanation setting forth the reason why the order should be reconsidered. Reconsideration may be granted at the descretion of the Commission only where any of the following occur: (1) a material error of law has been made; (2) a material error of fact has been made; (3) new facts or evidence are provided which would lead to reversal or modification of the order and where these could not be or were not discovered previously by the exercise of due diligence. The State Ethics Commission, having reviewed your request for reconsideration, finds that none of these circumstances are present. Specifically, although our Order finds you are currently serving on the Commission for Crime and Delinquency (CCD), you state that you resigned as of August 31, 1983. Assuming this to be the case, it would not affect our ruling that you were required to file a disclosure statement for the calendar year 1981 because it is undisputed tht you served on the (CCD) during 1981 and 1982 and thus were required to file a Statement by May 1, 1982. This is not a material error of fact. Charles H. Norris January 6, 1984 Page 2 Also, you state that as a CCD member you did not accept the per diem compensation authorized by statute as payable for CCD members. Even assuming this to be the case we are persuaded that as a matter of law, your filing was required. You cannot unilaterally remove yourself from the class of "public officials" required to file a Financial Interests Statement by voluntarily foregoing this per diem payment. Your Petition, in this respect, does not point out a material error of law. Therefore, the State Ethics Commission concludes that your request for reconsideration must be DENIED. The Order referred to above having been redated is accordingly, hereby reissued. This Order and this decision denying reconsideration are final and shall be made immediately available as public documents. EMS /rdp By the Commission, Paul mith Chair an