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HomeMy WebLinkAbout314 McElrathMr,,, Dale McElrath 1537 Vista Road Lancaster, PA 17601 RE: 84 -75 -C Dear Mr. McElrath: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION May 9, 1984 Order No. 314 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 Transportation Construction Manager II in the Department of Public Welfare during calendar year 1982. a. You resigned or left this position on January 4, 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 15, 1983. b. This letter was addressed to you at 1537 Vista Road, Lancaster., Pennsylvania, 17601. Mr. Dale McE1 rath 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 addressed to you at 1537 Vista Road, Lancaster, Pennsylvania, 17601. c, This letter was mailed certified, return receipt requested, No. 407583397, It was returned unclaimed on January 3, 1984. d. We received no response to this letter, B. Di scussion: May 9, 1984 6. We have not received your Statement of Financial Interests as of the date of this Order, 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 sh0 1 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 nc liter 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 by May 1, 1983, You did not 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. Dale McEl rath 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 fqr 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 this 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, 444 Paul JfSmith Chairm.n cc: Ms. Sherry Wright, Personnel Officer, Dept. of Transportation Ms-. Cheryl Cohen, Governor's Office EMS /rdp