HomeMy WebLinkAbout307 LeftwichMr. Carl J. Leftwich
11 East Slocum Street
Philadelphia, PA 19119.
RE: 84 -68 -C
Dear Mr. Leftwich:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
June 29, 1984
Order No. 307
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 a Regional Mental Health Program Representative I in the
Department of Public Welfare during calendar year 1982.
a. You resigned or left this position on November 30, 1982.
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 mailed to you by the Executive Director of the State Ethics
Commission, Edward M. Seladones.
a. This letter was dated November 14, 1983.
b. This letter was addressed to you at 11 East Slocum Street,
Philadelphia, Pennsylvania, 19119.
Mr. Carl J. Leftwich
Page 2
a. We issued an Order on May 9, 1984.
June 29, 1984
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 addressed to you at 11 East Slocum Street,
Philadelphia, Pennsylvania, 19119.
c. This letter was mailed certified, return receipt requested, No.
448327689. It was accepted by Jacqueline Y. Leftwich on December 24, 1983.
d. We received no response to this letter.
6. We had not received your Statement of Financial Interests as of May 9,
1984.
b. On May 22, 1984, we received a statement of your financial interests
for calendar year 1982 and a letter requesting reconsideration.
c. In your letter for reconsideration you stated the following:
1. You had retired from state service for health reasons.
2. Your failure to file was negligent but not intentional.
d. You did not list the Commonwealth of Pennsylvania as a source of
income on the statement you filed but your letter accompanying the statement
notes that you were employed by the Commonwealth and this Order will confirm
that source of income.
B. Discussion:
Section 4(a) of the Ethics Act states:
Section 4. Statement of Financials Interests required to be filed.
(a) 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
Mr. Carl J. Leftwich
Page 3
June 29, 1984
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 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 a Statement of Financial Interests for calendar
year 1982. You have now filed a statement. While your late filing violates
Section 4(a) of the Ethics Act, we find no evidence that this delayed filing
was intended to conceal information or realize financial gain.
C. Conclusion:
You violated Section 4(a) of the Ethics Act but we believe that this
violation was not intentional and did not conceal information which would have
allowed you to realize financial gain 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 will
be made available as a public document in accordance with 51 Pa. Code
2.38(a).
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).
cc: John Lylo, Personnel Officer
EMS /rdp
By the Commission,
/%ryS
Herbert B. Conner
Chairman