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HomeMy WebLinkAbout290 CoxMr. Rufus H. Cox 215 Owen Avenue Lansdowne, PA 19050 RE: No. 84 -31 -C Dear Mr. Cox: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION April 18, 1984 Order No. 290 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 compensated member of the State Board of Private Academic Schools during calendar year 1982. a. The law applicable to this entity specifies that its members are authorized to receive compensation other than reimbursement for expenses. b. You currently serve in this office. c. The powers and duties of this Board as set forth in the laws of this Commonwealth include the power to: 1) Insure that school children in Christian schools operated by non - profit corporations whose charters and brochures Evidence that the primary purpose that the children will receive a Christian education at the hands of Christian instructors who are required to accept, teach and practice Christian Mr. Rufus H. Cox April 18, 1984 Page 2 Protestant fundamental Biblical beliefs and apply them in their teaching to all subjects of the curriculum, are bona fide religious institutions within the meaning of this section, although not affiliated with a specific religious denomination or church. 3. You are a public official as that term is used in the Ethics Act. 4. You have not filed a Statement of Financial Interest for calendar year 1982. 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 5, 1983. b. This letter was addressed to you at 215 Owen Avenue, Lansdowne, Pennsylvania 19050. c. This letter was mailed regular first class mail. d. We received no response to this letter. 6. Another letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated November 4, 1983. b. This letter was addressed to you at 215 Owen Avenue, Lansdowne, Pennsylvania 19050. c. This letter was mailed certified, return receipt requested, No. 5254764. The letter was accepted by Walter H. Cox on or before November 16, 1983. d. We received no response to this letter. 7. We have not received your Statement of Financial Interests as of the date of this Order. 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 late; than May 1 of each year that he holds such a position and of the year after Mr. Rufus H. Cox April 18, 1984 Page 3 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). 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 have the force and effect of law specify that "public officials" shall file Statements of Financial Interests. 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). Section 4.4(a) of the State Ethics Commission regulations states: (a) Incumbent officials of the Commonwealth's executive, legislative, and judicial branches and other statewide offices who are not candidates shall file their Statement of Financial Interests with the Commission and a copy with the agency in which they hold office by May 1 of each year in which they hold office. 51 Pa. Code 4.4(a). 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 authorized to receive compensation for your services. You are subject to the Ethics Act because of the Board's authority and the compensation provided by law. You have failed to file the Statement of Financial Interest required by the law and State Ethics Commission regulations despite being advised of this requirement. Section 4(d) of the Ethics Act states: Section 4. Statement of financial interests required to be filed. (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 Interest must be available to the public served by the public official or public employee. We realize that errors caused by oversight or misunderstanding may need to be corrected. Mr. Rufus H. Cox April 18, 1984 Page 4 You received our letters informing you about your obligation to file a Statement of Financial Interests, but you ignored them. You hold 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. Section 4(d), quoted above, prohibits a public official from continuing in office and receiving compensation from public funds unless he files a Statement of Financial Interests as required by the Ethics Act. In addition, Section 9(b) states: Section 9. Penalties. (b) Any person who violates the provisions of Section 4 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. 65 P.S. 409(b). These are serious penalties and judicious application of the law requires its use only where there is substantial reason to believe that the failure to file was willful. There are no mitigating circumstances apparent in this case. We believe these circumstances raise a serious question about your right to hold office and the legality of the compensation you received during the time you failed to file a Statement of Financial Interests and warrants review by the appropriate law enforcement official. C. Conclusion: You violated the Ethics Act and State Ethics Commission regulations by not filing a Statement of Financial Interests with the State Ethics Commission as set forth above despite official notification of your obligations and we will refer this matter to the appropriate law enforcement agency for review. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Pct, 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 Order, may violate this confidentiality by releasing, discussing or circulating this Order. Mr. Rufus H. Cox April 18, 1984 Page 5 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). RED /rdp By the Commission, J L Paul J. it h Chairman cc: Governor's Office , Bureau of Personnel Governor's Office of Boards & Commission