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HomeMy WebLinkAbout284 FritzingerMr. Theodore R. Fritzinger RD #3, Box 355 Allentown, PA 18104 RE: No. 83 -179 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION September 6, 1984 Order No. 284 Dear Mr. Fritzinger: 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 official, you failed to file a Statement of Financial Interests by May 1, 1983, for calendar year 1982, as required by the State Ethics Act and regulations. A: Findings: 1. An audit of the Statement of Financial Interests for calendar year 1982 required to be filed by May 1, 1983, was conducted by the State Ethics Commission. Your statement was not on file. 2. You served as a member of the Landscape Architects Board during calendar year 1982. a. The law applicable to this entity specifies that its members are to receive compensation other than reimbursement for expenses. b. You left this position in June, 1983. c. The powers and duties of this Board as set forth in the laws of this Commonwealth 63 P.S. 904 include the power to: (1) Provide for and regulate the licensing of qualified landscape architects and to issue a license to practice landscape architecture to any applicant who meets the requirements of this act. Mr. Theodore R. Fritzinger September 6, 1984 Page 2 (2) Accept and endorse as valid in this Commonwealth licenses to practice landscape architecture issued by other states in which the requirements and qualifications to engage in the practice of landscape architecture are at least equal to the standards of this Commonwealth. (3) Suspend or revoke the license and registration of any registered landscape architect who is found guilty by the board of gross negligence, incompetence or misconduct in the practice of landscape architecture, and to reinstate licenses, registrations and certificates in any cases where the department shall determine the same to be just and proper. (4) Provide for, regulate and require all persons licensed and registered in accordance with the provisions of this act to register biennially with the board; and suspend or revoke the license or registration of such persons who fail, refuse or neglect to register within such time as the board shall prescribe by its rules and regulations. (5) Administer and enforce the laws of the Commonwealth relating to the practice of landscape architecture and instruct and require its agents to bring prosecutions for unauthorized and unlawful practices. (6) Adopt, promulgate and enforce such administrative rules and regulations not inconsistent with this act as are deemed necessary and proper by the board to carry into effect the powers conferred by this act. 3. You were a public official as that term is used in the Ethics Act and upon leaving office as set forth above became a former public official. 4. You had not filed a Statement of Financial Interest for calendar year 1982, according to our records, so steps were undertaken to secure your filing. 5. A letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated August 2, 1983. b. This letter was addressed to you at 1315 Pennsylvania Street, Whitehall, PA 18052. c. This letter was mailed as first class mail. d. We received no response to this letter. Mr. Theodore R. Fritzinger September 6, 1984 Page 3 6. Another letter was addressed to you by Edward M. Seladones, Executive Director, State Ethics Commission. a. This letter was dated November 4, 1983. b. This letter was addressed to you at 1315 Pennsylvania Street, Whitehall, PA 18052. B. Discussion: c. This letter was mailed certified, return receipt requested, No. 5254767. This letter was accepted by Jean Fritzinger on November 12, 1983. d. We received a response to this letter from you on November 17, 1983. This response said only that you "have been replaced on the Board of Landscape Architects as of June, 1983." e. We responded to you on November 11, 1983, saying that you must file a Statement of Financial Interests as a former official regardless of your replacement on this Board. We received no response to this letter. 7. Based on the above circumstances, we issued an Order regarding your filing. 8. After you received that Order, you filed a Statement of Financial Interests on March 23, 1984. This statement was for calendar year 1982, and was due by May 1, 1983. 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. 402. The State Ethics Commission has ruled that all " public officials" are also "public employees" and thus, subject to Section 4(a)'s requirements. See Carter, 79 -066. Also, the regulations of the State Ethics Commission, which afi ve the force and effect of law specify that "public officials" shall file Mr. Theodore R. Fritzinger September 6, 1984 Page 4 Statements of Financial Interests for each year they hold office. 51 Pa. Code 4.4(a). The Commonwealth Court has also agreed that "public officials" are subject to the filing requirements of Section 4(a) of the Ethics Act. See Kremer v. State Ethics Commission, 56 Pa. Cmwlth. 160, 424 A.2d 968 (1981). Sections 4.3(b) and 4.4(d) of the State Ethics Commission regulations state: (b) Any person appointed as an official in a Commonwealth's executive, legislative, judicial branches and other state -wide offices who is not a candidate shall file his Financial Interest Statement with the Commission and a copy with the agency to which he is appointed by May 1, of the year appointed or within 15 days if appointed after May 1. 51 Pa. Code 4.3(b). (d) A former public official shall file a Statement of Financial Interest for their last year of service by May 1, of the succeeding year. This statement shall be filed at the same office they filed when they were incumbent officials. 51 Pa. Code 4.4(d). The powers and duties of this Board indicate this body has either the authority to expend public funds or to otherwise exercise the power of the state or any political subdivision. In addition, you were compensated for your services. You are subject to the Ethics Act because of the Board's authority and the compensation provided by law. You had failed to file the Statement of Financial Interest required by the law and State Ethics Commission regulations despite being advised of this requirement. Additionally, Section 4(d) of the Act states: (d) No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). For purposes of the Act, accurate and complete Statements of Financial Interests must be available to the public served by the public official or public employee. We realize that errors caused by oversight or misunderstanding of the filing requirements occur and may need to be corrected. You received our letters informing you about your obligation to file a Statement of Financial Interests, but you ignored them. You held a responsible position with the Commonwealth and must be presumed to have an understanding of forms and administrative and legal requirements. We believe you understood your filing obligation and violated Section 3(a) of the Ethics Act. Mr. Theodore R. Fritzinger September 6, 1984 Page 5 While you violated the Ethics Act and regulations of the Ethics Commission, your Statement of Financial Interests is now on file and there is no evidence that your failure to file resulted in financial gain. We will take no further action. C. Conclusion: You violated the Ethics Act and State Ethics Commission regulations by failing to file a Statement of Financial Interests for calendar year 1982 by May 1, 1983. However, you have now filed a statement and we will take no further 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 available as a public document. SSC /rdp CC: Governor's Office of Boards & Commissions mission rber B. Conner Chai an