HomeMy WebLinkAbout311 ScalesMr. David J. Scales
318 Grand Street
Susquehanna, PA 18847
RE: 84 -72 -C
Dear Mr. Scales:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
June 29, 1984
Order No. 311
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 Dog Law Enforcement Officer in the Department of
Agriculture during calendar year 1982.
a. You resigned or left this position on September 7, 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 16, 1983.
b. This letter was addressed to you at 318 Grand Street, Susquehanna,
Pennsyi vani a',: 18847.
D. J. Scales
Page 2
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 29, 1983.
b. This letter was addressed to you at 318 Grand Street, Susquehanna,
Pennsylvania, 18847.
c. This letter was mailed certified, return receipt requested, No.
701673478. It was accepted by D. J. Scales on January .4, 1984.
d. We received no response to this letter.
6. We had not received your Statement of Financial Interests as of May 9,
1984.
a. Based on the above, we issued an Order on May 9, 1984.
b. On May 16, 1984, we received a copy of your Statement of Financial
Interests for calendar year 1982.
c. You stated that you had previously sent three statements to the
personnel office in the Department of Agriculture.
d. That Department has no record of having received those statements.
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
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).
D. J. Scales
Page 3
You were required to file a Statement of Financial Interests for calendar
year 1982. You have now filed that statement. While neither we nor the
Department of Agriculture have the forms which you say you previously mailed
to them, we find no evidence that your late filing was intended to conceal
information or to realize financial gain. Based on this finding, we will take
no further action.
C. Conclusion:
You have violated Section 4(a) of the Ethics Act but we believe that
violation was not intentional and did not conceal information which would have
allowed you to realize financail 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: Jay Uhler, Personnel Office : -
EMS /rdp
By the Commission,
Herbert Conner
Chairman
June 29, 1984