HomeMy WebLinkAbout398 HannunJohn B. Hannun, Jr.
Chief Counsel
201 Agriculture Bldg.
2301 N. Cameron Street
Harrisburg, PA 17110
Re: #85 -048 -C
Dear Mr. Hannun:
C'S
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
August 5, 1985
Order No. 398
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 1978. The Commission has now completed its
investigation. The individual allegations, conclusions, and findings on which
those conclusions are based are as follows:
I. Allegation: That you, Chief Counsel for the Department of Agriculture,
violated - Section 4(f) of the Ethics Act which requires that all Statements of
Financial Interests be made available for public inspection and copying when
you refused to make statements available.
A. Findings:
1. You serve as Chief Counsel in the State Department of Agriculture and as
such, are subject to the provisions of the State Ethics Act.
2. On or about April 14, 1985, a citizen asked to review the Statement of
Financial Interests of a Department of Agriculture official.
3. You refuse to allow the citizen to review the statement and told him he
would have to submit a request in writing for your review.
4. Subsequent to that action, you discussed this request with the Executive
Director of the State Ethics Commission and were told that the records were
public and should be made available.
5. You made the statements available and the citizen was able to review the
Statement of Financial Interests within a day or two of that phone
conversation.
Mr. John B. Hannun, Jr.
_Page 2
B. Discussion:
Section 4. Statement of financial interests required to be filed.
(f) All statements of financial interest filed pursuant to
the provisions of this act shall be made available for
public inspection and copying during regular office
hours.. 65 P.S. 404(f).
Although your initial refusal was not in accordance with the requirements of
Section 4(f), you made the Statement of Financial Interests available as soon
as you were told that the records were public. There is no evidence that you
knowingly violated in Section 4(f) or that you had a financial or personal
interest in withholding this information. Under these circumstances, we find
no violation of the State Ethics Act.
C. Conclusion:
We find no violation of Section 4(f) of the Ethics Act in your initial
refusal to allow a citizen to review a Statement of Financial Interests
because you made the statement available immediately after being told that the
record was public and there is no evidence that you have a personal or
financial interest in withholding this information.
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.
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 /sfb
erb t B. Conner
Ch. man
August 5, 1985