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HomeMy WebLinkAbout517 BishopMr. Samuel E. Bishop 436 East Vernon Road Philadelphia, PA 19119. Re: 86 -100 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 517 OEC 1 DEO AUG 2 0 1986 MAILED J286 Dear Mr. Bishop: 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 State Board of Occupational Therapy Education and Licensure, 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 State Board of Occupational Therapy Education and Licensure since May, 1983. As a board member, you are a public official subject to the provisions of the Ethics Act. 2. The board has the duty to pass upon the qualifications of applicants for licensure. to insure the conduct of examinatiuns, to issue and renew licenses to occupational therapists or occupational therapy assistants who qualify under this act, and, in proper cases, to suspend or revoke the license of an occupational therapist or occupational therapy assistant. The board shall be authorized and empowered to refuse, revoke or suspend a license of an occupational therapist or occupational therapy assistant pursuant to this act, to conduct investigations, including the power to issue subpoenas, and to hold hearings upon charges or information indicating violation of the provisions of this act or regulations promulgated pursuant thereto. 63 P.S. §1504. 3, You Statement of Financial Interests for calendar year 1984, was not on file and the following actions were taken: Mr. Samuel E. Bishop Page 2 a. On November 19, 1985, a certified letter was sent to you by the State Ethics Commission. The letter was mailed to 436 East Vernon Road, Philadelphia, Pennsylvania 19119. b. On November 25, 1985, the Stine Ethics Commission recei "! -J an acknowledgement of receipt. You Reined for the receipt of the letter. 4. On June 26, 1986, our i nvestiigatui co ::; you and you itated the following: a. You have filed a Statement of Financial Interests each year. b. You believe all statements were filed with the State Ethics Commission. c. You agreed to file anu4er statement for calendar year 1984. 5. As of the date of this Order, the State Ethics Commission has not received your Statement of Financial Interests. B. Discussion: The State Ethics Act provides: Section 4. Statement of financial interests required to be filed. (a) Ea.:h r ub`[ i c cmpl oyee employe:! by the Commonwealth shall file 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 srch a position and of the year after he leaves such a posi t`: on. Any other public employee shall file a statement ct 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 yizr 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. 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). Mr. Samuel E. Bishop 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 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. 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 Mr. Samuel E. Bishop Page 4 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. In the instant situation, there is evidence indicating that your failure to file was unintentional. You, in fact, believed that you had filed with the State Ethics Commission. That Statement, `slowever, was not filed with the Commission. To date, no Statement of Financial Interests has been received even though you indicated that you would forward said statement to the State Ethics Commission. While we do not believe that this matter 'warrants further action at this time you must file the required statement. C. Conclusion: Your failure to file a Statement of i'inancial Interests with the State Ethics Comrnision is a violation of the State Ethics Act. While there is evidence to indicate that your failure was unintentional, this does not relieve you of the filing requirement. You must, therefore, file a Statement of Financial Interests with the State Ethics Commission within 15 days of the date of this order or we will refer this case to the appropriate law enforcement official. Upon receipt of said Statement, we will take no further action in this matter. 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. 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, 1 ,l,4.4 . 0 a..04...-12A/t G. Sieber Pancoast Chairman Enclosure (SFI)