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HomeMy WebLinkAbout514 RitterRev. Thomas J. Ritter 325 East High Street Philadelphia, PA 19144 Re: 86 -096 -C Dear Mr. Ritter: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 514 DECIDEDAUG 2 G 1986 MAILE 176, The 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. Alle ation: That you, a member of the Crime Victims Compensation 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 1 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 as a member of the Crime Victims Compensation Board since November 14, 1983. As an appointed public official, you are subject to the provisions of the State Ethics Act. 2. Records of the Crime Victims Compensation Board confirm that you have never filed Statements of Financial Interests with that body. a. Information suggests that you were aware of the filing requirement at the time of your appointment. b. You were given forms on an annual basis, along with other board members, but you failed to file. 3. On November 19, 1985, a certified letter informing you that you did not file a Statement of Financial Interests for the 1984 calendar year by May 1, 1985 was mailed to you at 325 East High Street, Philadelphia, 19444. This address was provided by personnel of the Governor's Office of Administration who maintain the names and addresses of board and commission members. a. On January 7, 1986, that letter was returned unclaimed. Unclaimed is the Post Office designation used when they believe the address is correct. Rev. Thomas J. Ritter Page 2 b. On January 8, 1986, you were sent a first class letter advising you to file the form within ten days. This letter was also sent to 325 East High Street, Philadelphia, Pennsylvania. 4. You state that you have not resided at 325 East High Street since October, 1983, and did not receive notices directing you to file the Statement of Financial Interests. 5. On April 30, 1986, you were sent correspondence from the State Ethics Commission advising you Of the allegation that you failed to file a Statement of Financial Interests .::yid of our : nvestigation. 6. After failing in our efforts to reach you at an address provided by the Crime Victims Compensation:Board, our investigator left a message at the Board's Office during a meeting you attended. 7. Subsequent to being advised of the investigation and being interviewed on May 21, 1986, you filed a Statement of Financial Interests for the 1985 calendar year. That form was repeived by the State Ethics Commission on June 18, 1986. 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 preced9ng 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 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 provisions are equally applicable to all "public officials ". See Kremer v. State Ethics Commission, 56 Pa. Commw. Ct. 160, 424 A.2d 968, (1981), 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 Statements of Financial Interests for each year they hold office. 51 Pa. Code 4.4(a). Rev. Thomas J. Ritter Page 3 The regulations further provide: §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 shale 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. Rev. Thomas J. Ritter Page 4 Section 4(d), quoted above, prohibits a public official from continuing in office and receiving compensation from public funds unless he files a Statement of Financial Interests as required by the Ethics Act. These are serious penalties and judicious application of the law requires its use only where there is substantial reason to believe that the failure to file was willful. C.F. Metzler, No 389 -R; Huhn. No. 431. Your constant failure to respond to the Commission's attempts to obtain your Statement of Financial Interests, combined with the fact that you have never lb before oreo�hthis time filed a statement, warrants further review by an appropriate authority. C. Conclusion: You clearly violated the Ethics Act and State Ethics Commission regulations by not filing a Statement of Financial Interests with the State Ethics Commission as set forth above. While you have now filed a Statement of Financial Interests for the year 1985, you had never filed for any prior year. As such, this matter will be forwarded for further review by an appropriate law enforcement authority. 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 lb-day period, no one, including the Respondent unless he waives his right to challenge thi s3rder, ,.ay 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). By the Commission, JQJ• � � �o�Q� G. Sieber Pancoast Chairman