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HomeMy WebLinkAbout258 KatzMr. Ronald H. Katz 9926 Haldeman Avenue, Apt. 117A Philadelphia, PA 19115 RE: File No. 83 -170 -C Dear Mr. Katz: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 24, 1984 Order No. 258 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 Statement of Financial Interests for calendar year 1980 by May 1, 1981 as required by the State Ethics Act and regulations. A. Findings: 1. An audit of the Statement of Financial Interests for calendar year 1980 required to be filed by May 1, 1981 was conducted by the State Ethics Commission. Your statement was .not on file. 2. You served as a Public Assistance Investigator I in the Auditor General's Office during calendar year 1980. a. You resigned or left this position on January 24, 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. You had not filed a Statement of Financial Interests, according to our records, so the following steps were undertaken to secure your filing. 4. A letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated June 11, 1982. b. This letter was addressed to you at 9926 Haldeman Avenue, Apt. 117A, Philadelphia, PA 19115. Ms. Ronald H. Katz April 24, 1984 Page 2 c. This letter was mailed regular mail, first class. d. We received no response to this letter. 5. Another letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated November 5, 1982. b. This letter was addressed to you at 9926 Haldeman Avenue, Apt. 117A, Philadelphia, PA 19115. c. This letter was mailed regular mail first class. d. We received no response to this letter. 6. Another letter was addressed 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 addressed to you at 9926 Haldeman Avenue, Apt. 117A, Philadelphia, PA 19115. c. This letter was mailed certified, return receipt requested, No. 0037163. On September 18, 1983, the Post Office returned this letter to our office marked "unclaimed." d. We received no response to this letter. 7. We had not received your Statement of Financial Interests as of December 21, 1983. a. Based on the above, we issued an Order on December 21, 1983. b. On January 5, 1984, we received your Statement of Financial Interests for calendar year 1980. There was no explanation for the delay in filing or no request for reconsideration of our Order. B. Discussion: Section 4(a) of the Ethics Act states: 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 Mr. Ronald H. Katz April 24, 1984 Page 3 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. 404(a). You were required to file a Statement of Financial Interests for calendar year 1980 by May 1, 1981. You did file this statement on January 5, 1984. However, the Statement was not available for public inspection at the proper time. We are convinced that you were aware of the filing requirements at least as of our first letter. Although you did not respond to that letter, it was sent to the same address as our Order and your statement was received after we issued that Order. We would be inclined to forward this Order to the appropriate law enforcement official but we are aware that the 1980 filing was one of the first for public employees and that there was still some uncertainty of the requirements. In addition, we find no information on your Statement of Financial Interests which would lead us to believe that your failure to file was intended to conceal information to realize financial gain. We note that the statement you filed did not include the Commonwealth of Pennsylvania as a source of income but again, we believe that information is apparent and this Order will confirm that. The penalties for failing to file a Statement of Financial Interest are in Section 9(b) which states: Section 9. Penalties. 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). However, because of the circumstances we noted above, we will take no further action on this matter. C. Conclusion: You violated Section 4(a) of the Ethics Act but we believe that violation was not intentional and did not conceal information which would have allowed you to realize financial gain and we will take no further action. Mr. Ronald H. Katz April 24, 1984 Page 4 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 order, 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 Personnel Office EMS /rdp By the Commission, tAA) -14. Paul J. mith Chairman