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HomeMy WebLinkAbout227 NooneMr. James F. Noone 1105 Woodlawn Street Scranton, PA 18509 RE: No. 83 -116 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION January 6, 1984 Order No. 227 Dear Mr. Noone: The State Ethics Commission has reviewed the possibility that you have violated the State Ethics Act, Act 170 -1978. 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, 1982, for calendar year 1981, as required by the State Ethics Act and regulations. A. Findings: 1. An audit of the Financial Interest Statements for calendar year 1981 required to be filed by May 1, 1982, was conducted by the State Ethics Commission. Your statement was not on file. 2. You served as a member of the State Board of Private Correspondence Schools during calendar year 1981. a. You currently serve in this office. b. The powers and duties of this Board as set forth in the laws of this Commonwealth include the power to: 1. make and enforce rules and regulations to administer the provisions of the Private Correspondence Schools Laws, 24 P.S. 2771 -1783; 2. make and promulgate standards of instruction consistent with the provisions of said Act; 3. issue licenses to each private correspondence school operating or established in the Commonwealth and to set standards for granting same; Mr. James F. Noone January 6, 1984 Page 2 4. regulate and authorize the advertisement of services of such schools within the Commonwealth; 5. issue agents licenses to representatives of such schools without which a school cannot solicit students for a school to be located outside the Commonwealth. 6. refuse to grant or revoke the license of any such school which refuses to permit inspection by the Board or its agents or which engages in fraud or misrepresentation; or where the licensee has violated any provisions of said law or rules/ regulations of the Board; or where a licensee has offered training or instruction in courses or subjects which have not been approved by the Board, or for other specific reasons listed in 71 P.S. 2781. 3. You are a public official as that term is used in the Ethics Act. 4. You have not yet filed a Statement of Financial Interest for calendar year 1981. 5. A letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated December 20, 1982. b. • This letter was addressed to you at 1105 Woodlawn Street, Scranton, Pennsylvania 18509. c. This letter was mailed certified, return receipt requested, No. 0018431. This letter was accepted by Mrs. J. F. Noone on December 22, 1982. d. We received no response to this letter. 6. Another letter was addressed to you by Edward M. Seladones, Executive Director, State Ethics Commission. a. This letter was dated May 11, 1983. b. This letter was addressed to you at 1105 Woodlawn Street, Scranton, Pennsylvania 18509. c. This letter was mailed certified, return receipt request, No. 5254944. This letter was accepted by Mrs. J. F. Noone on May 14, 1983. d. We received no response to this letter. Mr. James F. Noone January 6, 1984 Page 3 B. Discussion: Section 4. Statement of financial interests to he filed. (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. 402. The State Ethics Commission has ruled that all "public officials" are also "public employees" and thus, subject to Section 4(a)'s requirements. See Carter, 79 -066. Also, the regulations of the State Ethics Commission, which have the force and effect of law specify that "public officials" shall file Financial Interest Statements. 51 Pa. Code 4.4(a). The Commonwealth Court has also agreed that "public officials" are subject to the filing requirements of Section 4(a) of the Ethics Act. See Kremer v. State Ethics Commission, 56 Pa. Cmwlth. 160, 424 A.2d 968 (19R1). Sections 4.3(b) and 4.4(d) of the State Ethics Commission regulations state: (b) Any person appointed as an official in a Commonwealth's executive, legislative, judicial branches and other state -wide offices who is not a candidate shall file his Financial Interest Statement with the Commission and a copy with the agency to which he is appointed by May 1, of the year appointed or within 15 days if appointed after May 1. 51 Pa. Code 4.3(b). (d) A former public official shall file a Statement of Financial Interest for their last year of service by May 1, of the succeeding year. This statement shall be filed at the same office they filed when they were incumbent officials. 51 Pa. Code 4.4(d). The powers and duties of this Board or Commission, as found above, indicate this body has either the authority to expend public funds or to otherwise exercise the power of the State or any political subdivision. In addition, you were compensated for your services. You are subject to the Mr. James F. Noone January 6, 1984 Page 4 Ethics Act because of the Board's authority and the compensation provided by law. You have failed to file the Statement of Financial Interest required by the law and State Ethics Commission regulations despite being advised of this requirement. In addition, Section 4(d) of the Ethics Act states: (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). For purposes of the Act, accurate and complete Statements of Financial Interest must be available to the public served by the public official or public employee. We realize that policies to achieve these purposes must consider the possibility that an oversight or misunderstanding of the filing requirements may occur and corrections allowed. You received our letters informing you about your obligation to file a Financial Interest Statement, but you ignored them. You hold a responsible position with the Commonwealth and must he presumed to have an understanding of forms and administrative and legal requirements. We believe you understood your filing obligation. Section 4(d), quoted above, prohibits a public official from continuing in office and receiving compensation from public funds unless he files a Statement of Financial Interests as required by the Ethics Act. These are serious penalties and judicious application of the law requires its use only where there is substantial reason to believe that the failure to file was willful. There are no mitigating circumstances apparent in this case. We believe these circumstances raise a serious question about your right to hold office and the legality of the compensation you received during the time you failed to file a Statement of Financial Interest and warrants review by the appropriate law enforcement official. C. Conclusion: You violated the Ethics Act and State Ethics Commission regulations by not filing a Financial Interest Statement with the State Ethics Commission as set forth above despite official notification of your obligations and we will refer this matter to the appropriate law enforcement agency for review. Mr. James F. Noone January 6, 1984 Page 5 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 now final and will be made available as a public document in accordance with 51 Pa. Code 2.38(a). Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). EMS /rdp By the Commission, Paul J Smith Chairman