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HomeMy WebLinkAbout318 CassDr. Alvah Cass 2301 NW 112th Street Oklahoma City, OK 73120 RE: V-43 -C Dear Dr. Cass: A. Findings: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF COMMISSION March 20, 1985 Order No. 318 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 official, you failed to file a Statement of Financial Interests by May 1, 1983, for calendar year 1982, as required by the State Ethics Act and regulations. 1. An audit of the Statement 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 compensated member of the Advisory Health Board during calendar year 1982. a. The law applicable to this entity specifies that its members are authorzied to receive compensation other than reimbursement for expenses. b. You resigned or left this office in February, 1984. c. The powers and duties of this Board as set forth in the laws of this Commonwealth include the power to: 1) advise the Secretary of Health on such matters as he may bring before it; Dr. Alvah Cass March 20, 1985 Page 2 2) make such reasonable rules and regulations, not contrary to law, as may be deemed by the Board necessary for the prevention of disease, and for the protection of the lives and health of the people of the Commonwealth, and for the proper performance of the work of the Department of Health, and such rules and regulations, when made by the Board, shall become the rules and regulations of the department; 3) adopt rules and regulations for personnel administration based upon merit and fitness, including standards of recruitment, selection, tenure, removal, and working conditions, and to prescribe qualifications for professional, technical and executive personnel appointed or employed by the State Department of Health and by the departments or boards of health of counties or other political subdivisions. No restrictions shall be imposed relating to race, religion, residence, or political affiliation; 4) prescribe minimum health activities and minimum standards of performance of health services for counties or other political subdivisions. 3. You were a public official as that term is used in the Ethics Act and upon leaving office as set forth above became a former public official. 4. 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. 5. A letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated August 3, 1983. b. This letter was addressed to you at 370 E. 37th Street, Erie, Pennsylvania, 16504. c. This letter was mailed regular first class mail. d. We received no response to this letter. 6. Another letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated November 4, 1983. Dr. Alvah Cass March 20, 1985 Page 3 b. This letter was addressed to you at 370 E. 37th Street, Erie, Pennsylvania, 16504. c. This letter was mailed certified, return receipt requested, No. 5254761. This letter was accepted by Darlene Cass on November 19, 1983. d. We received no response to this letter. 7. We received your Statement of Financial Interests for calendar year 1983 due by May 1, 1984, on February 6, 1984. a. On September 22, 1984, the State Ethics Commission Executive Director wrote to you to determine whether the above filing was actually intended for calendar year 1982. b. On December 31, 1984, the Commission received your statement of Financial Interest for calendar year 1982. B. Discussion: Section 4. Statement of financial interests required to be filed. (a) Each public employee employed by the Commonwealth shall file a statement of financial interests 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 financial 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). The State Ethics Commission has ruled that all "public officials" are also "public employees" and, thus, subject to Section 4(a)'s requirements. See Carter, 79 -066. Also, the regulations of the State Ethics Commission, which have the force and effect of law specify that "public officials" shall file a Statement of Financial Interests for each year they hold office. 51 Pa. Code 4.4(a). The Commonwealth Court has also agreed that "public officials" are subject to the filing requirements of Section 4(a ) of the Ethics Act. See Kremer v. State Ethics Commission, 56 Pa. Cmwlt . 160, 424 A.2d 968 (1981). Dr. Alvah Cass March 20, 1985 Page 4 Sections 4.4(a) and 4.4(d) of the State Ethics Commission regulations state: (a) Incumbent officials of the Commonwealth's executive, legislative, and judicial branches and other statewide offices who are not candidates shall file their Statement of Financial Interests with the Commission and a copy with the agency in which they hold office by May 1 of each year in which they hold office. 51 Pa. Code 4.4(a). (d) Former public officials shall file a Statement of Financial Interests for their last year of service by May 1 of the succeeding year. This statement shall be filed at the same offices they filed when they were incumbent officials. 51 Pa. Code 4.4(d). The powers and duties of this Board indicate this body has either the authority to expend public funds or to otherwise exercise the power of the State or any political subdivision. In addition, you were authorized to receive compensation for your services. You are subject to the Ethics Act because of the Board's authority and the compensation provided by law. You have failed to file the Statement of Financial Interests required by the law and State Ethics Commission regulations despite being advised of this requirement. For purposes of the Act, accurate and complete Statements of Financial Interests must be available to the public served by the public official or public employee. We realize that errors caused by oversight or misunderstanding may need to be corrected. You have now filed the Statement required for calendar year 1982. While this filing was late, we find no evidence that the delay was intended to conceal information or realize financial gain. We will take no further action. C. Conclusion: You violated Section 4(a) of the Ethics Act by not filing your Statement of Financial Interests for calendar year 1982 by May 1, 1983 but we find no evidence that this delay was intended to allow 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 15 days after service (defined as mailing) 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. Or. Alvah Cass Page 5 Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall he fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). EMS /na cc: Governor's Office of Boards 3 Commissions B the Coy missio erber 8. Conner Chairman March 20, 1985