May 6, 2010

85th Legislative Candidate Deceives Again

Today's Daily Item article covers the complaint I filed on Tuesday regarding 85th District Candidate Maurice Brubaker's illegal use of the title "Public Accountant." The title of the article is "Job title error stumps pol -Brubaker puzzled why job title in campaign went unchanged." After a brief description of the complaint, the article explains the nature of Brubaker's puzzlement:

"Brubaker said he did not intentionally try to mislead the public. A campaign volunteer mistakenly listed him as a public accountant on Brubaker's Web site and an early press release repeated the inaccuracy, he said. 'I have never intentionally misled anyone about my status,' Brubaker said. 'If there is any misconception in the public mind, let me be clear. I am a senior accountant, not a public accountant. If I or my campaign caused any confusion otherwise, I apologize. I look forward to using my professional experience as a senior accountant when serving as state representative.' . . . He disputes Allred's claims that he has publicly called himself a public accountant on numerous occasions. "

Well Maurice, let me clear it up for you. Your job title in the campaign went unchanged because it wasn't a mistake by your campaign staff, it wasn't an early error that went unnoticed, it was a deliberate attempt by you to deceive the public. Maurice would like the voters to believe that he has not "publicly called himself a public accountant." That's ironic to me because I personally heard him say that in public meetings on numerous occasions and twice in the last week.

Last Thursday, I attended a Republican Spring Fling at La Primavera in Lewisburg. In attendance were State Representative Russ Fairchild and State Senator Jake Corman, CD10 candidates David Madeira and Malcolm Derk, former candidate Dan Meuser, and all three 85th district candidates along with about 75 others. Each candidate was allotted time at the podium to present to the attendees. During his time, Maurice stated unequivocally before the entire crowd that he has been a Public Accountant in Union County for 15 years.

Ironically, after filing my complaint on Tuesday, I attended the regular monthly Union Township Supervisor's Meeting. Maurice attended along with some members of the public. At the beginning of the meeting, as is customary, we gave Maurice a few minutes to officially introduce himself, state his case for the election and answer any questions. During the question and answer session, the following discourse occurred.

Allred: "Are you a Public Accountant?"
Brubaker: "Yes"
Allred: "I noticed you listed that on your website, but when I do a search at the Department of State website, it doesn't list your name as a Public Accountant."
Brubaker: "It is Public Accountant, Senior Public Accountant. That's all I am."
Allred: "Right, but a Public Accountant is an official . . ."
Brubaker: "No, it's not, no."
Allred: "Well you need to read Pennsylvania Code Title 49 . . ."
Brubaker: *I will."
Allred: " . . . Section 11.7"
Brubaker: "We did . . . We are . . . I appreciate that. We did check it out with the Pennsylvania . . . but we can do that. That's not a problem."
Allred: "Ok. I just think it's a, if you're using that term Public Accountant . . ."
Brubaker: "There's a difference . . ."
Allred: ". . . it's a slam to other professional recognized . . ."
Brubaker: "No, It's been verified, so."
Allred: " Well, I think you need to check the law."
Brubaker: "We'll definitely check that for you, that's not a problem."


So, I've presented my evidence, but Maurice "disputes Allred's claims that he has publicly called himself a public accountant." Maurice wants you to believe that this was an early campaign error perpetuated in print over and over, but never noticed by him. The law is below. You be the judge.

PA Title 49 Section 11.7
11.7. Use of the designation ‘‘public accountant’’ and the abbreviation ‘‘PA.’’
(a) Only the following individuals and entities may use the designation ‘‘public accountant,’’ the abbreviation ‘‘PA,’’ or any other title, designation, words, letters or abbreviation tending to indicate that the user is a public accountant or is composed of public accountants:
(1) An individual who holds a public accountant registration and a current license from the Board.
(2) An individual who holds a certificate of certified public accountant from the Board or who has received written notification from the Board that he is qualified to receive a certificate of certified public accountant.
(3) A qualified association that holds a current license from the Board.
(b) An individual or qualified association engaged in the practice of public accounting may not use the designation ‘‘public accountant,’’ the abbreviation ‘‘PA’’ or any other title, designation, words, letters or abbreviation tending to indicate that the user is a public accountant or composed of public accountants unless the user holds a current license from the Board.
(c) The following are examples of unlawful use under this section:
(1) An individual who is registered by the Board as a public accountant but who does not hold a current license uses a business card bearing the designation ‘‘public accountant.’’ Explanation: The individual shall obtain a current license to use the designation ‘‘public accountant.’’
(2) An individual who is certified by the Board as a CPA but who does not hold a current license signs tax returns that he prepares for clients as ‘‘John Doe, PA.’’ Explanation: The individual shall obtain a current license to use the abbreviation ‘‘PA’’ because the preparation of tax returns while using such an abbreviation constitutes the practice of public accounting.
(d) An individual or entity that violates this section shall be subject to disciplinary action, as appropriate, under sections 9.1, 12, 14 and 16 of the act (63 P. S. § § 9.9a, 9.9c, 9.14 and 9.16).

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