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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