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HomeMy WebLinkAbout278 PammerDr. John C. Pammer 1104 Sixth Street N. Catasauqua, PA 18032 Re: #83 -153 -C Dear Dr. Pammer: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION January 12, 1984 Order No. 278 The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation. The individual allegations, conclusions, and findings on which those conclusions are based are as follows: I. Allegation: That as a member of the State Board of Chiropractic Examiners of the Commonwealth of Pennsylvania you were required to file a Statement of Financial Interests with the State Ethics Commission under the Ethics Act, 65 P.S. 401 et seq. but failed to include thereon the income in excess of $500 or honoraria over $100 you received from the New York Chiropractic College (NYCC) in Glen Head, New York during calendar year 1982 which was reportable on your Financial Statement filed on or before May 1, 1983, and that these actions violate Section 4, 5(b)(5) and (7) and 9(b) of the Ethics Act, 65 P.S. 404, 405(b)(5) and (7) and 409(b) respectively and Commission regulations, 51 Pa. Code 4.4(a), 5.7, and 5.13. A. Findings: 1. You serve as a member of the Board of Chiropractic Examiners, hereinafter the Board, within the Bureau of Professional and Occupational Affairs of the Department of State of the Commonwealth of Pennsylvania and were confirmed for a new term on the Board on June 15, 1983, and as such you are a "public official" subject to the Ethics Act. Dr. John C. Pammer January 12 , 1984 Page 2 2. As a "public official" or nominee for confirmation you filed a Financial Interest Statement (FIS) for the calendar year 1982 as follows: a. FIS dated April 14, 1983 (handwritten) filed with Office of the Secretary of the Senate on April 20, 1983, with respect to your confirmation for a new term on the Board which occurred June 15, 1983; b. FIS dated April 14, 1983 (typewritten) filed with the Office of the Secretary of the Senate on April 21, 1983; c. FIS dated August 2, 1983, filed with the State Ethics Commission on August 5, 1983. Although this form indicates the disclosure is for calendar year "1983," we find the information applicable to 1982. 3. During 1982 you were self- employed as a chiropractor and earned $500 or more as such. 4. During 1982 you received $500 or more as honorariums for teaching or speaking from the following sources: a. National College of Chiropractic, 200 E. Roosevelt Road, Lombard, I11.; b. New York Chiropractic College, P.O. Box 167, Glenhead, New York; c. Texas Chiropractic College, 5912 Spencer Highway, Pacadena, Texas. 5. You reported on Item 15 Direct or Indirect Sources of Income, in excess of $500 on your FIS filed for 1982 as follows: a. On the handwritten FIS dated April 14, 1983 (See No. 2, a above) - "Self -- Sixth and Arch Streets, N. Catasauqua, PA 18032 "; b. On the typewritten FIS dated April 14, 1983 (See No. 2, b above) - "SELF -- -Sixth and Arch Streets, N. Catasauqua, PA 18032 "; c. On the FIS dated August 2, 1983 (See No. 2, c above) -- 1) "Self- employed -- Sixth and Arch Sts. Catasauqua, Pa. 18032 "; 2) "National College of Chiropractic -- 200 E. Rossevelt Rd. Lombard, I11. "; 3) "New York Chiropractic College -- P. 0. Box 167 Glenhead, NY 11545 "; 4) "Texas Chiropractic College -- 3912 Spencer Highway Pacadena, Texas 77505." Dr. John C. Pammer January 12, 1984 Page 3 6. You state that you did not itemize your income from the National College of Chiropractic and the New York and Texas Chiropractic Colleges on the handwritten and typewritten FIS dated April 14, 1983, because your income was derived from your personal or self- employment efforts and because your accounting methods are such that all such income is recorded as relating to your self - employment or business of chiropractic health care. B. Discussion: Initially we note that we have no jurisdiction to interpret the provisions of the Administrative Code, Section 461, which may be applicable as follows: No member shall be in any manner financially interested in or connected with the faculty or management of any chiropractic school or college . . . . [71 P.S. §171] We may only address the question of the propriety of your reporting and disclosure as required by and under the Ethics Act. The Ethics Act requires that an FIS include information on income and honorarium(s) as follows: Section 5. Statement of financial interests. (b)(5) The name and address of any person who is the direct or indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. 65 P.S. 405(b)(5). (b)(7) The Source of any honorarium received which is in excess of $100. 65 P.S. 405(b)(7). A public official such as yourself is required to provide this data by May 1 of each year he or she is serving in office and within 10 days prior to confirmation. See 51 Pa. Code 4.4(a) and 65 P.S. 404(c) respectively. In meeting these requirements it is stated in our regulations that a "professional," as defined therein, must report income from individual clients as follows: Dr. John C. Pammer Page 4 January 12, 1984 §5.7.Income Disclosure. (b) Professionals, whether acting as individuals or members of a business, are required to disclose as sources of income those persons who have paid fees for service related to matters before the governmental body with which the public official or public employe is or, if a candidate, would be associated. In all other cases only the name of their firm or business is to be listed. 51 Pa. Code 5.7(b). Under these definitions and regulations and assuming that the National College of Chiropractic and the New York and Texas Chiropractic Colleges were not compensating you for services related to matters before the Board, the governmental body with which you are associated, you were not required to report these Colleges as "sources of income." However, you do indicate these Colleges tendered honorariums to you in excess of $100 each during 1982. Thus, these Colleges should have been reported as sources of honorariums on Line 17 of your FIS forms dated April 14, 1983. Although you listed these Colleges on Line 15 of your FIS dated August 2, 1983, we will accept this reporting at this time. Your failure to so report these Colleges on the previously dated (April 14, 1983) FIS forms was contrary to the requirements of the Ethics Act. You should be cautioned that you must provide full and adequate information when filing your FIS in the future. While your April 14, 1983 forms failed to provide the data as to the honorariums discussed above, this data is now on file and no further action is recommended with respect to this omission. C. Conclusion: Your FIS forms dated April 14, 1983, failed to include the data discussed herein in violation of the Ethics Act. However, these omissions have now been corrected and no further action or review is recommended with respect to same. 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 be made available as a public document 15 days after service (defined as mailing) 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 may violate this confidentiality by releasing, discussing or circulating this Order. PJS /jc Dr. John C. PammPr Page 5 January 12, 1984 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 both, see 65 P.S. 409(e). By the Commission, 4. A Paul J. ith Chairman