HomeMy WebLinkAbout320 NugentMr. Francis R. Nugent
604 19th Avenue
Munhall, PR. 15120
RE: 84 -8Q -C
Dear Mr. Nugent:
STATE ETHICS COMMISSION
308 FINANCE BUIIrPING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
May 9, 1984
Order No, 320
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 an Investigator in the Department of Revenue during calendar
year 1982:,
ar You resigned or left this position on March 23, 1983.
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 art.
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 604 19th Avenue, Munhall,
Pennsylvania, 15120.
Mr. Francis R. Nugent
Paget
May 9, 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 604 19th Avenue, Munhall,
Pennsylvania, 15120.
c. This letter was mailed certified return receipt requested, No.
701673376. It was accepted by (illegible) on January 4, 1984.
d, We received no response to this letter.
6. We have not received your Statement of Financial Interests as of the date
of this Order.
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).
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. Francis R. Nugent 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
for 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 Commi scion,
Paul J Sm
Chair n
cc: Mr. John Greecher, Personnel Officer, Dent. of Revenue
Ms. Cheryl Cohen, Governor's Office
EMS /rdp