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HomeMy WebLinkAbout368-R HawkinsMr. Chester A. Hawkins c/o Scott V. Jones, Esquire 406 Deposit Bank Building 3 South Brady Street DuBois, PA 15801 -2194 Re: Order No. 368 File No. 84 -62 -C Dear Mr. Hawkins: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 RECONSIDERATION ORDER OF THE COMMISSION June 25. 1985 Order No. 368 -R This refers to the request for Reconsideration presented by Counsel on March 26, 1985, with respect to the above - captioned Order issued on March 12, 1985 pursuant to 51 Pa. Code 2.38. The discretion of the State Ethics Commission to grant reconsideration is properly invoked, pursuant to our regulations, 51 Pa. Code 2.38(b) when: (b) Any party may ask the Commission to reconsider an Order within 15 days of service of the Order. The person requesting reconsideration should present a detailed explanation setting forth the reason why the Order should be reconsidered. Reconsideration may be granted at the discretion of the Commission only where any of the following occur: (1) a material error of law has been made; (2) a material error of fact has been made; (3) new facts or evidence are provided which would lead to reversal or modification of the order and where these could not be or were not discovered previously by the exercise of due diligence. The Commission, having reviewed your request must DENY your request because none of these circumstances are present. Specifically, you submit that the County Code does not expressly prohibit a public official from claiming double reimbursement as outlined in our Order. You assert that receiving this type of double reimbursement is a county custom. Mr. Chester A. Hawkins June 25, 1985 Page 2 We do not find this argument persuasive and we believe that our original interpretation of the County Code is correct. No material error of law has been made in this respect. You also assert that the penalty imposed by the Commission was disproportionate to the misconduct. The Commission clearly acted within its statutory discretions in that regard. You are a County sheriff and as such we believe the conclusion and results in our Order were justified and in accordance with the law. Additionally, our Order did not make an affirmative recommendation for prosecution although the Commission does have this power. 65 P.S. §407(ii). Thus, we do not believe that our_Order imposes a sanction in that respect. We find that no material error of law has been made. Finally, you assert that certain representations were made by a staff member of the State Ethics Commission to the extent that the Commission would take no action against you after the County imposed its penalty. You do not assert that these alleged representations were made to you or your agent© These representations were allegedly made to a member of the County Board of Commissioners. You now assert that you relied on these alleged representations to a third party and did not contest the county action, Even assuming that these representations were made, we do not believe that this would in any way alter the current situation. As noted, these representations were not made to you. Your reliance thereon would have been by way of third perties and therefore, taken at your own risk. Additionally, the record clearly reflects that you received a letter from the County Commissioners which in part stated: You shall make appropriate restitution to Clearfield County subject to confirmation and acceptance of the Pennsylvania State Ethics Commission. You were therefore, put on official notice that other actions by this Commission were possible. You have not otherwise contested the facts as set forth in our Order. In light of the foregoing, the State Ethics Commission concludes that your request for reconsideration must be DENIED. Mr. Chester A. Hawkins June 25 1985 Page 3 Accordingly, you have thirty (30) days from the date of this Reconsideration denial to comply with the terms set forth in the original Order. That Order and this decision denying reconsideration are final and shall be made available as public documents on the third business day following the date of this Order. HBC /na By the Commissio Dr. Leon L. Hale Vice - Chairman