HomeMy WebLinkAbout273 O'BrienMr. Michael C. O'Brien
11 Jewel Lane
Levittown, PA 19055
RE: File No. 83 -166 -C
Dear Mr. O'Brien:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
January 10, 1984
Order No. 273
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 years 1981 and 1982 by May 1, 1982 and May 1,
1983, respectively, as required by the State Ethics Act.
A. Findings:
1. You serve as a Field Auditor III for the Liquor Control Board, and as
such, you are a public employee subject to the State Ethics Act.
2. On April 12, 1982, you appealed your Financial Interest Statement filing
requirement to the Governor's Office of Administration.
3. On July 15, 1982, your appeal was denied by the Office of Administration,
arid, therefore, you were required to file.
4. On August 5, 1982, the Office of Administration wrote a second non -filer
letter to you asking you to file or appeal directly to the State Ethics
Commission.
5. On August 12, 1982, you appealed directly to the State Ethics Commission
regarding your FIS filing requirement.
6. On August 24, 1982, the State Ethics Commission answered your letter of
appeal and indicated an Advice of Counsel would be issued.
7. During October and November, 1982, additional back -up information for the
Advice of Counsel was acquired from your personnel office.
Mr. Michael C. O'Brien January 10, 1984
Page 2
8. On May 23, 1983, you again appealed your FIS filing which had been due by
May 1, 1983.
9. On June 2, 1983, an Advice of Counsel was written requiring you to file
Financial Interest Statements for calendar years 1981 and 1982 within 15 days.
10a. On October 12, 1983, a certifed letter (No. 5254719) was mailed to you at 11
Jewel Lane, Levittown, Pennsylvania, 19055.
b. We received the green card return receipt on October 17, 1983, signed by Pat
O'Brien evidencing receipt of this certified letter.
11. On October 31, 1983, we received your Financial Interest Statements for
calendar years 1981 and 1982.
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 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. 404(a).
You were required to file Statements of Financial Interest for calendar
years 1981 and 1982. You have finally filed these statements, although, you
were tardy in doing so. We believe you are now fully aware of your future
filing requirements. However, you should be aware of Section 9(b) penalties
for not filing the statement required by Section 4:
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).
C. Conclusion: We find that you have violated Section 4(a) of the Ethics Act
by filing late, but we will take no further action if future filings are made
on time (no later than May 1 of each year).
Mr. Michael C. O'Brien
Page 3
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).
RED /rdp
By the Commission,
Paul J. L8mith
Chairman
January 10, 1984