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HomeMy WebLinkAbout521 WeinerMr. Richard N. Weiner 344 Thorpe Road Jenkintown, PA 19046 Re: 86 -104 -C Dear Mr. Weiner: M - STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 521 UECIDEDRIIG 2Q 1986 MAILEDAIIP 2 l 398 a. November 19, 1985, a certified letter notifying you of your obligations was sent to you at 344 Thorpe Road, Jenkintown, Pennsylvania, 19046. 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 Accountancy until your term expired on March 19, 1985, 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 State Board of Examiners of Public Accountants on November of 1984. Your term ended in May, 1984 but the code allows a member whose term expired to serve an additional six months without being reappointed. Z. Your Statement of Financial Interests was not on file and the following actions were taken: b. On November 26, 1985, the State Ethics Commission received a card acknowledging receipt of this letter. 3. There was no response to that certified letter and the State Ethics Commission commenced an investigation of your failure to file. The following actions took place: Mr. Richard N. Weiner Page 2 a. You were contacted by our investigator on May 7 and June 25, 1986. You stated the following: (1) You admitted having served on the board until November of 1984. (2) You acknowledged that you had not filed the Statement of Financial Interests and was unaware of the filing requirement for former board members. (3) You thought our certified letter was an error since your term of office had expired. (4) You stated that you would f ;l e the Statement of Financial Interests, - - 4. As of the date of this Order, no Statement of Financial Interests has been received. 5. You received $341 in per diem compensation during the year 1984. 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 z statement of 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 year after he leaves such a position, 65 P.S. 404(a). The above provisions ,re 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. Richard N. Weiner 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 shale 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 of Financial Interests for their 1 May 1 of the succeeding year. Thi filed at the same offices they fil incumbent officials. 51 Pa. Code file a Statement ast year of sevice by s statement shall be ed when they were 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. Mr. Richard N. Weiner Page 4 Section 4(d), quote' zbo -o, prohibits public Gfi'icial from continuing in office and receiving compensation from public funds unless he files a Statement of Financial Irr erects 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. In the instant situation, you have failed, on a number of occasions, to respond to the inquiries of the State Ethics Commission or to file the Statement of Financial Interests. As such, we believe that your failure to file was and continues to be intention'. The funds you received through your position on the Board were, thus, received in violation of the State Ethics Act and must be refunded to the Commonwealth of Pennsylvania. The amount received was $341. C. Conclusion: Your intentional failure to file a Statement of Financial Interests as required by the State Ethics Act is a violation of that law. Pursuant to the Act, you are not permitted to receive compensation from public funds for the time during which you were in violation of the law, You must, therefore, return to the Commonwealth of Pennsylvania, the funds received in violation Cif the law. You must, within 30 days of the mailing date of this order, 'Grward to the State Ethics Commission payment to the Commonwealth of Pennsylvania in the amount of $341. Upon receipt of this amount, we will take no further action in this matter. You also must, within 15 days of the date of this Order, file a Statement of Financial Interests with the State Ethics Commission. Failure to comply with this order will result in our referral of this matter to appropriate law enforcement authorities for further review. Our fides 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 cf 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, if se c' �"tn.SCT 00.6A40- G. Sieber Pancoast Chairman Mr. Richard N. Weiner 344 Thorpe Road Jenkintown, PA 19046 Re: 86- 104 -C, Order 52.1 - near Mr. Weiner: EMS /na Attachment Mahing Address State Ethics Commission 308 Finance Building P. 0. Box 11470 Harrisburg, Pa. 17108-1470 Novemher 25, 1986 Please he advised that on November 14, 1986, the State Ethics Commission reviewed your request to review flrrier 521 and granted said request. As a result, the attached reconsideration order was issued. Very truly yours, Edward M. Seladones Executive firector State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania