HomeMy WebLinkAbout251 BarbushMr. Charles G. Barbush
82 Peters Mountain Road
Dauphin, PA 17018
RE: #83 -112 -C
Dear Mr. Barbush:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
January 12, 1984
Order No. 251
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 employee, you failed to file a Financial
Interest Statement for calendar year 1980 by May 1, 1981, as required by the
State Ethics Act.
A. Findings:
1. An audit of the Financial Interest Statements for calendar year 1980
required to be filed by May 1, 1981, in the Department of General Services was
conducted by the State Ethics Commission. Your statement of financial
.interest was not on file.
2. You served as an Automotive Equipment Supervisor I in the Department of
General Services during the calendar year 1980.
a. You resigned or left this position on May 29, 1980.
b. You were a public employee as that term is used in the Ethics Act and
upon leaving your position became a former public employee and as such are
subject to the act.
3. A letter was mailed to you by the Executive Director of the State Ethics
Commission, Edward M. Seladones.
a. This letter was dated November 18, 1982.
Mr. Charles G. Rarbush
January 12, 1984
Page 2
b. This letter was mailed to you at 227 North 40 Street, Apt. 101,
Harrisburg, PA 17111.
c. This letter was mailed regular mail first class.
d. We received no response to this letter.
4. A second letter was addressed to you by the Executive Director of the
State Ethics Commission, Edward M. Seladones.
a. This letter was dated December 29, 1982.
b. This letter was mailed to you at the address of 227 North 40 Street,
Apt. 101, Harrisburg, PA 17111 and forwarded to you at 46 Sycamore Lane,
Palmyra, PA 17078.
c. This letter was mailed certified, return receipt requested, No.
0038649. This letter was refused after the Post Office attempted delivery on
December 31, 1982.
5. Another letter was sent to you by the Executive Director of the State
Ethics Commission, Edward M. Seladones.
a. This letter was dated February 1, 1983.
b. This letter was mailed to you at the address of 46 Sycamore Lane,
Palmyra, PA 17078.
c. This letter was mailed certified, return receipt requested, No.
P230018461.
d. We received no response to this letter. The Post Office attempted
delivery to you on February 2, February 9, and February 18, 1983. The Post
Office returned this letter to our office marked "Unclaimed ".
6. A fourth letter was addressed to you by the Executive Director of the
State Ethics Commission, Edward M. Seladones.
a. This letter was dated May 6, 1983.
b. This letter was mailed to you at the address of 46 Sycamore Lane,
Palmyra, PA 17078.
c. This letter was mailed by both regular mail and certified, return
receipt requested, No. P195254901.
Mr. Charles G. Barbush
January 12, 1984
Page 3
d. We received no response to this letter. The Post Office did not
return the regular first class piece of mail. The certified letter came hack
marked "Unclaimed" after the Post Office had attempted delivery on May 10, May
17 and May 26, 1983.
While we accept your explanation for not filing, we cannot understand your
apparent disregard of our official correspondence. This situation could have
been resolved with less expenditure of time and money if you had accepted our
initial letter. We strongly urge you to be more attentive to official matters
in the future.
7. We had not received the required Financial Interest Statement as of
November 1, 1983, although we have received the required Financial Interest
Statement as of November 3, 1983.
a. Based upon the above, we issued an Order on November 1, 1983,
regarding your filing and you requested reconsideration of same, which was
granted.
b. In said Petition for Reconsideration you indicated you had not filed
a form because your "Director" in the Department of General Services said you
were not required to do so. You also stated you were never officially
appointed to the Automotive Equipment Supervisor II position and never filed
a form while you were an employee of the Department of General Services.
B. Discussion:
Section 4. Statement of financial interests required to be filed.
(a) Each public employee employed by the Commonwealth
shall file a statement of financial interest 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 finaicial 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).
If
Mr. Charles G. Barbush
January 12, 1984
Page 4
While you did not file a Statement of Financial Interest by May 1, 1981,
the required filing date, you have now filed the form. You have also
explained that you had not filed previously because you were told that you
were not required to file and had never filed a form while an employee of the
Department of General Services. You did not intentionally ignore the filing
requirement. In addition, we have reviewed your Financial Interest Statement
and find no reasonable basis to believe that your failure to file allowed you
to benefit in any way.
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 F.I.S. 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 be both fined and imprisoned, see 65 P.S.
409(e).
cc: Dept. General Services
Personnel Office
EMS /alm
By the Commission,
Paul J. mith
Chairman