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HomeMy WebLinkAbout306 JonesMr. Merline F. Jones 401 N. Second Street Wormleysburg, PA 17043 RE: 84 -67 -C Dear Mr. Jones: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION May 9, 1984 Order No. 306 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 Statement of Financial Interests for calendar year 1982 by May 1, 1983, as required by the State Ethics Act and regulations. A. Findings: 1. An audit of the Statements 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 an Insurance Fund Representative in the Department of Labor and Industry during calendar year 1982. a. You resigned or left this position on November 2, 1"982. b. You were a public employee as that term is used in the Ethics Act and upon leaving your position became a former public employee and as such are subject to the act. 3. You_had not filed a Statement of Financial Interests for calendar year 1982 according to our records, so the following steps were undertaken to secure your filing. 4. A letter was Trailed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated November 15, 1983. b. This letter was addressed to you at 410 N. Second Street, Wormleysburg, Pennsylvania, 17043. Mr. Merline F. Jones May 9, 1984 Page 2 c. This letter was mailed regular mail first class. d. We received no response to this letter. 5. Another letter was sent to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated December 21, 1983. b. This letter was addreese :; to you at 410 N. Second Street, Wormleysburg, Pennsylvania, 17043, c. This letter wes mailed certified, return receipt requested, No. 448327685. It was accepted by C. T. Reed on December 23, 1983. d. We received no response ' ;oo this letter. 6. We have not received your Statement of Financial Interests as of the date of this Order. 8. Discussion: Section 4(a) of the Ethics Act states: Section 4. Statement of Financials Interests required to be filed. (1) Each public employee employed by the Commonwealth shall file a statement of financial interest 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 finaicial interests with the governing authority of the political subdivision ay which he is employed no later than May 1 of each year that he holde such a position and of the year after he leaves such a position. 65 P.S. 404(a). You were required to file e Statement of Financial Interests for calendar year 1982 by May 1, 1983. You did h 3t file this statement and have not responded to our frequent attempts to contact you to determine reasons for this failure to file. We believe you are aware of your filing requirement and are ignoring that requirement. Section 9(b) of the law states: Mr. Merline F. Jones May 9, 1984 Page 3 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). We are forwarding this Order to the appropriate law enforcement officials for their review and possible action. C. Conclusion: We find that you have violated Section 4(a) of the Ethics Act and are subject to the penalties set forth in Section 9(b). This order will be forwarded to the appropriate law enforcement officials for their review and possible 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 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 thi 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). By the Commission, 0 Paul JI Simi th Chair cc: Mr, Richard Himler, Personnel Officer, Dent. of Labor & Industry Ms. Cheryl Cohen, Governor's Office EMS /rdp Ms. Merline F. Jones 410 N. Second Street Wormleysburg, PA 17043 RE: Order No. 306 Dear Ms. Jones: Mathng Add,ess STATE ETHICS COMMISSION P.O. BOX 1 179 HARRISBURG, PA 17108 TELEPHONE: 1717) 783 -1610 June 13, 1984 This will confirm our discussion by telephone about the Order issued to you and to the news release which stated that you had failed to file a Statement of Financial Interests. Immediately after your name appeared in the paper, you came to our office and filed a Statement of Financial Interests. You also pointed out that you had previously mailed a statement to us and that the Order we issued had an incorrect address of 401 rather than 410 N. Second Street. Because of this incorrect address, you did not receive the Order and did not have the 15 days in which to appeal. According to our policy, had you filed within that 15 day period and explained that you had previously mailed a statement, we would not have taken the action we did. While we have no record of receiving the statement you mailed in December, our mistake was with-your address. This Order became public because of our mistake. I apologize and I am sending a copy of this letter to the Capitol Newsroom to be certain that the correct information is publicly known. EMS /rdp cc: Capitol Newsroom Robert L. Keuch, Executive Deputy Attorney General Sincerely yours, Edward M. Seladones Executive Director State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania