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Home My WebLink About513 TaylorMr. Robert S. Taylor 7504 Graymore Road Pittsburgh, PA 15221 Re: 86 -095 -C fPN STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 513 DECIDED AUG 2 0 1986 MAILEDBRZZEM36 Dear Mr. Taylor: 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, a member of the Architects Licensure Board, violated Section 4(a) and 4(d) of the State Ethics Act and Section 4.4(b) of the State Ethics Commission regulations which require that public officials file a Statement of Financial Interests for the preceding calendar year by May of each year they hold office by failing to file a Statement of Financial Interests for calendar year 1984 by May 1, 1985. A. Findings: 1. You have served on the State Board of Examiners Architects Licensing Board since May 5, 1981 and your term of office expires on May 5, 1987. a. As a board member, you received $60 per diem for each meeting. These meetings are usually held once a month. b. On November 19, 1985, a letter was sent to you notifying you of your obligations to file a Statement of Financial Interests. The letter was accepted on November 21, 1985. 2. This board generally has the power to administer and enforce the laws of the Commonwealth of Pennsylvania relating to the practice of architecture; to instruct and require its agents to initiate appropriate proceedings for unauthorized and unlawful practice; to take disciplinary action as described in this act; to take appropriate actions to initiate injunction and criminal prosecution proceedings in connection with the unlawful and unauthorized practice of architecture or other violations of this act; and to issue certificates to individuals who have qualified to engage in the practice of architecture under the provision of this act. Mr. Robert S. Taylor Page 2 3. There was no response to the Commission letter of November 19, 1985 and the Commission initiated an investigation of your failure to file. The following actions took place after that action: a. You were contacted on July 23, 1986 and stated that you had intended to file but the requirement slipped your mind. You agree! that you would file. b. On July 31, 1986, the State Ethics Commission received your Statement of Financial Interests. Although you marked your statement "85," it was on the form sent to you as part of this investigation and we are accepting it as the response for 1984 - the year in question. Your is distinct Order. this r . information: Sources of income- Carnegie Mellon University, State Architects licensure Board, 'and Penn Central National Bank. (2) You also list Financial Interests of more than 5% in Robert S. Taylor. Your position was owner and you stated there was no profit in 1986. B. Discussion: The State Ethics Act provides: Section 4. Statement of financial interests required to be filed. (1) (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 above provision is equally applicable to all "public officials." See Kremer v. State Ethics Commission, 56 Pa. Comm. Ct. 160, 424 A.2d 968, 1981 , Carter, 79 -066. Also, the regulations of the State Ethics Commission which have the force and forceachtyear "public theyholdoff officials" shall office. 51 Pa. file Statements of Fin Code 4.4(a). The regulations further provide: Mr. Robert S. Taylor Page 3 §4.3.Appointed officials. (b) Any person appointed as an official in the Commonwealth's executive, legislative, judicial branches and other statewide offices who is not a candidate shall file his Statement of Financial Interests with the Commission and a copy with the agency to which he is appointed by May 1 of the year appointed or within 15 days if appointed after May 1. 51 Pa. Code 4.3(b). §4.4.Incumbent and former public officials. (d) Former public officials shall file a Statement of Financial Interests for their last year of sevice 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). You are clearly a public official as that term is defined in the State Ethics Act. 65 P.S. §402. This is especially true in that the powers and duties of this board or commission, as set forth above, indicate that this body has either the authority to expend public funds or to otherwise exercise the power of the State or any political subdivision. The Ethics Act provides that: Section 4. Statement of financial interests required to be filed. (d) No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). Pursuant to 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 policies to achieve these purposes must consider the possibility that an oversight or misunderstanding of the filing requirements may occur and corrections allowed. You failed to respond to our initial letters i nfonni ng you of your obligation to file a Statement of Financial Interests and we had to initiate an investigation and further contacts. Mr. Robert S. Taylor Page 4 Section 4(d), quoted above, prohibits a public official from continuing in office and receiving compensatio: from public funds unless he files a Statement of Fi nanci al interests as requi recd by the Ethics Act. These are serious penalties and judicious application of the law requires its use only where there is substantial r°eFlson to believe that the failure to f i l e was willful. C.F. Metzler, 'r . 83 --R; 9uhn, No. x?31. As a public official, you are respons',He 'c administering laws and insurirxa that professionals adhe re to requiremr-nts of "aw. Conclusion: While you violated the Ethics Act and State Ethics r;o1Ami€sion regulations by not filing a Ftatement of Financial Interests with °i:t ; State. Ethics Commi si on as set forth above, you have now filed the re'4ui red Statement of Financial interests. There is no evidence that you reFiized financial oai n by your disclosure fafiure. We will take no f :rthcr i'ction. Our files in this case will remain confidential i n F ;ccrdanc^ with Section 8(a) of th Ethics Act, 65 P.S.. 408(a) . Howev c , thi r f' - der is final and will bn wade av;i1able as a public document 15 drys after service (defined as mailing) unless you file documentation , :th the Conmissio:: which justifies reconsideration and /or challenges pertinent factual finding!'... See 51 Pa. Code 2.38. During this 15- d'u re:'i od, '1a On? nc i r di lig the Respondent unless he waives his :'fight chal l rnge this — rder r r: E vi late this confidentiality by releasi ng, di scu°:si no or 7,1 ati ng this Order. Any person who violate:: the ronfidentiai 'ty of a Commission proceeding is guilty of a misdemeanor ;d shall be fined not more than $1,000 or imprisoned for not more than c ye:.:r or both see 65 P.S. 409(e). By the Commission, 2 • Ai /24A, Oiv,weea.ot . Sieber Pancoast Choi rman