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HomeMy WebLinkAbout519 AndersonMr. John H. Anderson New Park, PA 17352 Re: 86 -102 -C Dear Mr. Anderson: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 519 DEcIDEDAtic 0 l gs MAILED 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 Examiners of Nursing Home Administrators, 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 as a member of the Pennsylvania Labor Relations Board during calendar year 1984 and as a member of that board, were a public official subject to the requirements of the State Ethics Act. 2. On November 19, 1985, the Commission mailed a certified letter informing you of your obligation to file a Statement of Financial Interests. The Commission received a receipt Showiriy that the letter had been delivered to you on November 21, 1985. 3. You admit that you did not file a Statement of Financial Interests for that year despite receiving our certified correspondence because believed filing was "a nuisance ". 4. Upon being informed of the filing procedures and the potential consequences of not filing, you advised that you would file a Statement of Financial Interests and this statement was received by the State Ethics Commission on May 8, 1986. Mr. John H. Anderson Page 2 5. There is no evidence that you realized financial gain or that the information on your Statement of Financial Interests presented a conflict of interest with your official responsibilities. B. Discussion: Section 4. Statement of iinanci :.1 interests required to be filed. (a) Each public employee employed by the Commonwealth shall file a statement of financiali interests for the precedi ng calendar year with the department, agency or bureau in which hp is employed no later than May 1 of each year that he holds such a position and or the year after he leaves such a position. Any other public employee shall file a statement of financial ilterests 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, 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). §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). Mr. John H. Anderson 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 a 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. Your belief that the filing requirement was a nuisance is not sufficient justification for your obvious intentional failure to file the Statement of Financial Interests. We have learned that while a statutory per diem fee was allocated for your position, you have not accepted said compensation. Therefore, you did not receive compensation in violation of the act and we, therefore, will not re • ui - - - S1 1 • • 1 • 1 • 1 . violation of the Act. C. Conclusion: 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. We believe your failure to file was intentional and we are referring this matter to the appropriate law enforcement official for review. Mr. John H. Anderson 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 Responde„:: unless he waives his right to challenge this Order, may vielatc this r:onfidenti al i ty by releasing, d scussi ng or circulating thi: Order, Any person who violates the confidentiality of a Corh,ni ssi on proceeding is guilty of a misdweanor and shall be inod ..ot more than ,000 or imprisoned for not mot% than one year or both, see 65 P.S. 409(e). By the Commission, 2cyr.c.cradzwt G. Sieber Pancoast Chai rman