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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