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HomeMy WebLinkAbout522 MoyeMr. Theodis Moye 3809 Gawayne Terrace Silver Spring, MO 20906. Re: 86 -097 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION Order No. 522 DECIOEDAU 2 0 1986 MAILED filieiramen6 Dear Ms. Moye: 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 Auctioneer Examineers, violated Section 4(a) and 4(d) of the State Ethics Act and Section 4.4(h) 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 were appointed to the State Board of Auctioneer Examiners in May, 1985. 2. In July, 1985, you telephoned an administrative assistant in the administrative offices and said you were resigning from the Board because you were moving out of state. The person to whom you talked sent a memo to the Commissioner of the Bureau of . . . : . Affairs. R. 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 financial interests with the Mr. Theodis Moye Page 2 governing authority of the political suhdivision 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. Comm. 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: , 54.3.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). b4.4.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 he filed at the same offices they filed when they were incumbent officials. 51 Pa. Code 4.4(d). The Ethics Act provides that: A member of this Board is clearly a public official as that term is defined in the State Ethics Act. 65 P.S. X402. This is especially true in that the powers and duties of this hoard 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. Section 4. Statement of financial interests reed reti to be filed. (d) No public official shall he allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from puhlic funds, unless he has filed a statement of financial interests with the commission as required by this act. 65 P.S. 404(d). Mr. Theodis Moye Page 3 Pursuant to the Act, accurate and complete Statements of Financial Interests must be available to the public, served by the public official or puhlic 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 puhlic 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. While a member of the Board of Auctioneer Examiners is a public official subject to the provisions of the Ethics Act, we believe that it would he inappropriate to require filing in your circumstances. C. Conclusion: You did not violate the Ethics Act by not filing a Statement of Financial Interests because you were unable to serve almost immediately after your appointment and before you participated in official board actions. 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 he made available as a puhlic 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 this3rder, 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). Ry the Commission, G. Sieber Pancoast Chairman