HomeMy WebLinkAbout515 MooreMs. Jean E. Moore
10 Hemlock Road
Lansdowne, PA 19050
Re: 86 -098 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 515
UECIDEDAUG 20 1986
OAILED GEKEM0
Dear Ms. Moore:
The State Ethics Commission has received a complaint regarding you and violation of Act 170 of 1978. The Commission has now completed its
investigation. The individual allegations, conclusions, and findings nd a
those conclusions are based areas follows: on which
I. Allegation: gi ation: That you, a member of the State Board of Private
Correspondence Schools, 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
file
ea1StatementaofyFinancia�lyInterests each ffl year they hold office by failing to
1985, for calendar year 1984 by May 1,
A. Findis:
1. You served as a member of the State Board of Private Correspondence
Schools during calendar year 1984. As a member,
subject to the provisions of the State Ethics Actyou were a public official
2. A Statement of Financial Interests for calendar year 1984 was not on fil
and the following actions were taken. e
a. On November 19, 1985, a certified letter informing you of your filing
obligations was mailed to you. On November 25, the State Ethics
Commission received the receipt for delivery of this letter.
b. You acknowledge receipt of the notice but believed it did not apply
to you because you had left office in May of 1985.
3. The following actions occurred after you received the Commission's
April 30, 1986 letter notifying you of an investigation of your failure to
file:
Ms. Jean E. Moore
Page 2
a. The Commission received your State ent1o86Financial Interests on July
21, 1986. The form was
b. None of the reported financial interests conflict with your public
responsibilities nor is there any evidence that the late disclosure
of the information allowed you to realize financial gain.
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
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 statementlof financial interests with the
governing authority of the political subdivision by which
he is s a later the year afteryher he
leaves such
holds such a p
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).
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 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).
j4.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).
Ms. Jean E. Moore
Page 3
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.
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.
However, we have now reviewed this matter and reconsidered same and find
that there are mitigating circumstances apparent in this case. You did not
intend to violate the Ethics Act and we have now received the required
Statement of Financial Interests. These facts lead us to conclude we should
not pursue this matter further.
C. Conclusion: While you 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, you have now filed the required
Statement of Financial Interests. There is no evidence that you realized
financial gain by your disclosure failure. We will take no further action.
Ms. Jean E. Moore
Page 4
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 , di scussi iig or. circulating this Order.
Any person who violates the confidentiality of a Commission proceeding
is guilty of a misdemeanor atui s!,a,1 be fined not more than $1,000 or
imprisoned for not more than ci12 ye.r or both, see 65 F.S. 409(e).
By the Commission,
G. Sieber Pancoast
Chairman