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HomeMy WebLinkAbout256 BaileyMs. Irene Bailey 5353 Osage Avenue Philadelphia, PA 19143 RE: File No. 83 -168 -C Dear Ms. Bailey: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION December 21, 1983 Order No. 256 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 Auditor General's Office was conducted by the State Ethics Commission. Your statement of financial interest was not on file. 2. You served as are Administrative Officer I in the Auditor General's Office during the calendar year 1980. a. You resigned or left this position on December 5, 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 June 3, 1982. b. This letter was mailed to you at 5353 Osage Avenue, Philadelphia, PA 19143. Ms. Irene Bailey December 21, 1983 Page 2 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 November 4, 1982. b. This letter was mailed to you at the address of 5353 Osage Avenue, Philadelphia, PA 19143. c. This letter was mailed regular mail first class. 5. Another letter was sent to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated September 1, 1983. b. This letter was mailed to you at the address of 5353 Osage Avenue, Philadelphia, PA 19143. c. This letter was mailed certified, return receipt requested, No. 5254923. It was accepted by Irene Bailey on September 8, 1983. d. We received no response to this letter. 6. You have riot yet filed a statement of financial interest as required by the Ethics Act. B. Discussion: Section Ora) of the Ethics Act states: Section 4 a (a) Eac 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 3 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). Ms. Irene Bailey December 21, 1983 Page 3 You were required to file a statement of financial interest by May 1, 1981. You did not file this statement and have not responded to our frequent attempts to contact you to determine reasons for this failure to file. We believe you are aware of your filing requirement and are ignoring that requirement. Section 9(b) of the law states: Any person who violates the provisions of 3(c) or (h) or Section 4 is guilty of a misdemeanor and shall be fined not more than $1000 or imprisoned for not more than one year or be both fined and imprisoned. 65 P.S. 409(b). We are forwarding this Order to the appropriate law enforcement officials for their review and possible action. C. Conclusion: We find that you have violated Section 4(a) and are subject to the penalties set forth in Section 9(b). This order will be forwarded to the appropriate law enforcement officials for their review and possible action. 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 final and will become available as a public document within 15 days after service unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this or3er, may violate this confidentiality by releasing, discussing or circulating this Order. 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: Auditor General's Office Personnel Office EMS /rdp By the Commission, aul J. Smith Chairman