HomeMy WebLinkAbout227-R NooneMr. James F. Noone
1105 Woodlawn Street
Scranton, PA 18509
Re: Order No. 227; File No. 83 -116 -C
Dear Mr. Noone:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
RECONSIDERATION ORDER OF COMMISSION
January 6, 1984
No. 227 -R
Letter dated 1/27/84
from General Counsel
is also part of this
Order.
This refers to the Petition for Reconsideration you presented on August
29, 1983, with respect to the above- captioned Order issued on August 24, 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, find that none of these circumstances are present.
Specifically, although our Order finds you are currently serving as a
member of the State Board of Private Correspondence Schools, you state that
you resigned as of June 30, 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 is undisputed tht you served on the Board
during 1981 and 1982 and thus were required to file a Statement by May 1,
1982. This is not a material error of fact.
Mr. James F. Noone
January 6, 1984
Page 2
Also, you state that as a Board member you were paid only for travel
expenses and you may have rejected the per diem allotment authorized by
statute. 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 forgoing this per diem payment. Your Petition, in
this respect does not point out a material error of law.
Finally, you state this Board does not have the power to expend public
monies and, therefore, its members should not be considered "public officials"
required to file Financial Interest Statements. Our findings and discussion
as to the powers and duties of this Board are sufficient to support our
conclusion that its members are included within the category of "public
officials" and your argument to the contrary are not sufficient to convince us
that material error of law has been made in so ruling.
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,
Q
Paul J. C'm`i"th
Chairman
Mr. James F. Noone
110 Woodlawn Street
Scranton, PA 18509
RE: Order No. 227
Dear Mr. Noone:
RED /rdp
MadLng Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 27, 1984
This acknowledges the receipt of your Financial Interest Statement on
January 17, 1984. The Order of the State Ethics Commission, however, is final
and public and has been referred to the Office of the Attorney General for
their review and possible action,. I suggest you contact their office at
Strawberry Square, 16th Floor, Harrisburg, Pennsylvania, 17120. However, I am
forwarding a copy of this letter and your Financial Interest Statement to the
Office of the Attorney General for their consideration and will make a copy of
this letter part of the public Order in this case.
cc: Robert Keuch, Dep. Attorney General
Si cerely,
Sandra S. Ch stianson
General Counsel
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania