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HomeMy WebLinkAbout516 GetzMs. Gloria Getz One United Way Harrisburg, PA 17011 Re: 86 -099 -C Dear Mr. Getz: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 516 DECIDEDAUG 2 0 1986 MAILEDAI ziii 6 a. By a certified letter mailed November 19, 1985. 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. Allegation: That you, a member of the State Apprenticeship and Training Council, 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 served on the State Apprenticeship and Training Council in 1984 and, as such, are subject to the requirements of the State Ethics Act. 2. You were notified of your filing requirement for the year 1984 as follows: b. Receipt of this letter was acknowledged by Donna Mazzetti on November 20, 1985. 3. You stated that you ignored this letter because you had not attended the meetings of the training council in 1985 or 1986 and you believed the letter did not apply to you. 4. On May 12, 1986, the Commission received Statements of Financial Interests you filed in response to a telephone call from the Commission's investigator. 5. These forms represented disclosure for 1984, 1985 and 1986. Ms. Gloria Getz Page 2 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 statement of fi r1arci al 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, `5 Pa. Commw. Ct. 160, 424 A.2d 968, (1981), Carter, 79066. Also, the regulons of the State Ethics Commission which have the force and effect of law .peciry 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.Appoi rt ed officials. (b) Any person appointed as an official in the Commonwealth's executive, legislative, judicial branches and other statewide office :s Wu is not a candidate shall file his Statement of Financil 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.ncumbent 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 Pan 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. Ms. Gloria Getz Page 3 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. Your failure to file was generally based upon the fact that you had stopped attending meetings of the council. While you had not formally resigned, you were not involved in any council action. These facts lead us to conclude that 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. 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. Ms. Gloria Getz Page 4 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, ( Sieber Pancoast Chairman