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HomeMy WebLinkAbout242 JanaszekMr. Francis Janaszek P.O. Box 355 Harrisville, PA 16038 RE: No. 83 -126 -C Dear Mr. Janaszek: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION January 6, 1984 Order No. 242 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. 2a. You served as a Borough Councilman in Harrisville Borough during calendar year 1981. b. You currently serve in this office. 3. You are a public official as that term is used in the Ethics Act. 4. You had not yet filed a Statement of Financial Interest for calendar year 1981 according to our records so steps were undertaken to secure same (see below). 5. A letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated May 10, 1983. b. This letter was addressed to you at P.Q. Box 355, Harrisville, Pennsylvania 16038. Mr. Francis Janaszek January 6, 1984 Page 2 c. This letter was mailed by regular first -class mail. 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 June 20, 1983. b. This letter was addressed to you at P.O. Box 355, Harrisville, Pennsylvania 16038. c. This letter was mailed certified, return receipt requested, No. 5254910. The letter was accepted by Joan Janaszek (wife) on June 28, 1983. d. We received no response to this letter. 7. We had not received the required Financial Interests Statement as of September 20, 1983, although we have received the required form as of September 29, 1983. a. Based upon the above, we issued an Order on September 20, 1983, regarding your filing and you requested reconsideration of same, which was granted. b. In said Petition for Reconsideration you indicated you did not willfully ignore the filing /disclosure requirement and had forwarded your Financial Interests Statement for calendar year 1981 to the Borough and can only assume it was mailed to the State Ethics Commission or lost in the mail. B. Discussion: Section 4. Statement of financial interests to be 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. Mr. Francis Janaszek January 6, 1984 Page 3 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 (1981). Section 4.4(a) and (b) of the State Ethics Commission regulations state: (a) Incumbent officials of the Commonwealth's executive, legislative, and judicial branches and other statewide officers who are not candidates shall file their Statement of Financial Interests with the Commission and a copy with the agency in which they hold office by May 1 of each year in which they hold office. (b) Incumhent 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. 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 did not respond to them. You hold a responsible position with the Commonwealth and must be presumed to have an understanding of forms and administrative and legal requirements. We believe you understood your filing obligation. Mr. Francis Janaszek January 6, 1984 Page 4 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. However, we have now reviewed this matter and reconsidered same and find you did not willfully neglect to file your Financial Interests Statement or intend to violate the Ethics Act. Indeed, we believe you did attempt to file the Financial Interest Statement for calendar year 1981. These facts lead us to conclude we should not pursue this matter further. C. Conclusion: While 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 you have now filed the required Financial Interests Statement and have provided an adequate reason for failing to do so. Thus, we decline to refer this matter to the appropriate law enforcement agency for review. 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 Attachment By the Commission, Paul J.,Afith Cha i rm