HomeMy WebLinkAbout312 WashburnMr. Paul W. Washburn
305 Walnut Street
Shippensburg, PA 17257
RE: 84 -73 -C
Dear Mr. Washburn:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
June 29, 1984
Order No. 312
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 Sanitarian Supervisor in the Department of Environmental
Resources during calendar year 1982.
a. You resigned or left this position on April 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 sent in mid- November, 1983.
b. This letter was addressed to you at 305 Walnut Street, Shippensburg,
Pennsylvania, 17257.
Mr. Paul W. Washburr.
Page 2
c. This letter was mailed regular mail first class.
d. We received no response to this letter.
June 29, 1984
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 305 Walnut Street, Shippensburg,
Pennsylvania, 17257.
c. This letter was mailed certified, return receipt requested, No.
701673395. It was accepted by Paul W. Washburn on December 31, 1983.
d. We received no response to this letter.
6. We had not received a Statement of Financial Interests as of May 9, 1984,
and we issued an Order on that date.
7. On May 17, 1984, we received a letter from you stating the following:
a. You completed and mailed a Statement of Financial Interests for
calendar year 1982 in a self addressed envelope you received with the blank
form.
b. You were not told to return the form by certified mail and,
therefore, have no proof of the mailing.
c. You are positive the form is in one of the state offices.
8. The State Ethics Commission does not use self- addressed envelopes.
9. On June 8, 1984 we received your Statement of Financial Interests for
calendar year 1982.
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. Paul W, Washburn June 29, 1984
Page 3
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).
Section 9(b) of the Ethics Act contains the penalties for violating
Section 4(a).
Section 9. Penalties.
(b) 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 mor2 than one
year or be both fined and imprisoned. 65 P.S. 409(b).
While neither the State Ethics Commission nor your agency had a copy of
your Statement of Financial Interests prior to receiving the one on June 8,
1984 is nL; reason to doubt your statement that you had returned a completed
form upon receiving it with the self addressed envelope. You have now filed a
Statement of Financial Interests. We find no evidence that you intended to
conceal information or realize financial gain and will take no further
action.
C. Conclusion:
While your personnel office did not have a Statement of Financial
Interests on file for calendar year 1982, we accept your statement that you
had mailed a form. The statement is now on file. We find no evidence that
you intended to conceal information and 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).
EMS /rdp
cc: John Dunn, Personnel Officer
erbe B. o ner
Chairman