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HomeMy WebLinkAbout260 RussellMr. James A. Russell 2349 N. College Avenue Philadelphia, PA 19121 RE: File No. 83 -172.-C Dear Mr. Russell: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION December 21, 1983 Order No. 260 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 a Liquor Store Examiner I in the Auditor General's Offices during the calendar year 1980 and are a public employee subject to the Ethics 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 28, 1982. b. This letter was mailed to you at 2349 N. College Avenue, Philadelphia, PA 19121. c. This letter was mailed regular mail first class. d. We received no response to this letter. Mr. James A. Russell December 21, 1983 Page 2 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 2349 N. College Avenue, Philadelphia, PA 19121. c. This letter was mailed regular mail first class. d. We received no response to this letter. 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 2349 N. College Avenue, Philadelphia, PA 19121, c. This letter was mailed certified, return receipt requested, No. 5254925. d. We received no response to this letter. The Post Office attempted delivery to you on September 6 and September 11, 1983. On September 21, 1983, the Post Office returned this letter to our office marked "Unclaimed ". 6. You have not yet filed a statement of financial interest as required by the Ethics Act. B. Discussion: Section 4(a) of the Ethics Act states: Section 4 al 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). Mr. James A. Russell December 21, 198'1 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. In addition to the possible penalties under Section 4(a) cited above, 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 believe you are subject to the penalties set forth in Section 9(b) and will forward 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) of the Ethics Act by not filing your Financial Interest Statement by May 1, 1981 and are subject to the penalties set forth in Section 9(b). This order will be forwarded to appropriate law enforcement officials for their review and 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 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 Office Personnel Office EMS /rdp By the Commission, aul J. Smith Chairman Mr. James A. Russell 2546 N. 11th Street Philadelphia, PA 19133 RE: Order No. 260 Dear Mr. Russell: RED /rdp Mailing Address STATE ETHICS COMMISSION P.O. BOX 1179 HARRISBURG, PA 17108 TELEPHONE: (717) 783 -1610 February 3, 1984 This acknowledges the receipt of your Financial Interest Statement on February 2, 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 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 Sincerely, Sandra S. C istianson General Counsel State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania