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)