HomeMy WebLinkAbout349-S KeanIn Re: Corey Kean,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
08 -007 -P
Order No. 349 -S
12/4/08
12/19/08
This is a final adjudication of the State Ethics Commission as to the alleged
delinquency and /or deficiency of Statement(s) of Financial Interests required to be filed
pursuant to Sections 1104 and 1105 of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent a Petition for Civil Penalties. An Order to
Show Cause was issued to Respondent. An Answer was not filed by the Respondent, and
a hearing was deemed waived. The record is complete. The Findings in this Order are
derived from the Petition for Civil Penalties filed by the Investigative Division.
This is a final Order, and it is publicly available upon issuance. Reconsideration
may be requested, but a request for reconsideration will not affect the finality of this
adjudication or its availability as a public document. Any reconsideration request must be
received at this Commission within thirty days of the mailing date noted above and must
include a detailed explanation of the reasons as to why reconsideration should be granted
in conformity with 51 Pa. Code § 21.29(b).
Kean, 08 -007 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
522 Eshelman Street, Highspire, PA 17034.
2. At all times relevant to these proceedings, Respondent has been a Member of the
Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and
Delinquency Prevention Committee, and as such Respondent has at all times
relevant to these proceedings been a "public official" as that term is defined in
Section 1102 of the Ethics Act, 65 Pa.C.S. §1102.
3. Respondent as a public official is subject to the Statement of Financial Interests
filing provisions of the Ethics Act.
4. Respondent has failed to provide full financial disclosure as required by the Ethics
Act. Respondent has failed to file a Statement of Financial Interests for calendar
year 2006 with the State Ethics Commission, which Statement of Financial Interests
was to be filed by May 1, 2007, and Respondent has therefore transgressed
Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. § §1104, 1105.
5. By Notice letter dated November 5, 2007, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgression. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing an accurate and complete Statement of Financial Interests for calendar
year 2006 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2006
so as to comply with the specific requirements of the Ethics Act.
6. By Notice letter dated April 1, 2008, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgression. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing an accurate and complete Statement of Financial Interests for calendar
year 2006 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2006
so as to comply with the specific requirements of the Ethics Act.
7 Section 1109(f) of the Ethics Act provides as follows:
§1109. Penalties
(f) Civil Penalty. -- In addition to any other civil remedy or
criminal penalty provided for in this chapter, the commission may,
after notice has been served in accordance with section 1107(5)
(relating to powers and duties of commission) and upon a majority
vote of its members, levy a civil penalty upon any person subject to
this chapter who fails to file a statement of financial interests in a
timely manner or who files a deficient statement of financial interests,
at a rate of not more than $25 for each day such statement remains
delinquent or deficient. The maximum penalty payable under this
paragraph is $250.
65 Pa.C.S. §1109(f).
8. For each violation the Commission finds, Respondent is subject to civil penalty
liability under Section 1109(f) of the Ethics Act, 65 Pa. C.S. §1109(f), at a rate of not
Kean, 08 -007 -P
Page 3
more than $25.00 per day for each day the Statement of Financial Interests remains
delinquent or deficient, for a maximum civil penalty of $250.00 per violation.
Because Respondent has committed the violation alleged herein, Respondent is
subject to total maximum civil penalty liability of $250.00.
9. There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $250.00, in that the twenty -day deadline set forth in the
said final Notice letter to Respondent has expired and the Respondent has not
complied.
II. DISCUSSION:
As a Member of the Pennsylvania Commission on Crime and Delinquency, Juvenile
Justice and Delinquency Prevention Committee, Corey Kean ( "Kean ") was at all times
relevant to these proceedings a "public official" subject to the provisions of the Public
Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101, et seq. See, Gority,
Order No. 287 -S. The powers and duties of the Juvenile Justice and Delinquency
Prevention Committee are set forth at 71 P.S. § 1190.27.
Pursuant to Section 1104(a) of the Ethics Act, Kean was specifically required to file
a Statement of Financial Interests for calendar year 2006 with the State Ethics Commission
on or before May 1, 2007. Section 1104(a) provides:
§ 1104. Statement of financial interests required to be filed
(a) Public official or public employee. - -Each public official of the
Commonwealth shall file a statement of financial interests for the preceding
calendar year with the commission no later than May 1 of each year that he
holds such a position and of the year after he leaves such a position. Each
public employee and public official of the Commonwealth shall file a
statement of financial interests for the preceding calendar year with the
department, agency, body or bureau in which he is employed or to which he
is appointed or elected 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 or public official shall file a statement of financial interests with the
governing authority of the political subdivision by which he is employed or
within which he is appointed or elected no later than May 1 of each year that
he holds such a position and of the year after he leaves such a position.
Persons who are full -time or part -time solicitors for political subdivisions are
required to file under this section.
65 Pa.C.S. § 1104(a).
The complete financial disclosure which Kean as a Member of the Pennsylvania
Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention
Committee, was required to provide in the Statement of Financial Interests form is
statutorily mandated in detail at Section 1105 of the Ethics Act, 65 Pa.C.S. § 1105.
Section 1109(f) of the Ethics Act provides as follows:
§ 1109. Penalties
(f) Civil penalty. -- In addition to any other civil remedy or criminal
penalty provided for in this chapter, the commission may, after notice has
been served in accordance with section 1107(5) (relating to powers and
duties of commission) and upon a majority vote of its members, levy a civil
penalty upon any person subject to this chapter who fails to file a statement
Kean, 08 -007 -P
Page 4
of financial interests in a timely manner or who files a deficient statement of
financial interests, at a rate of not more than $25 for each day such
statement remains delinquent or deficient. The maximum penalty payable
under this paragraph is $250.
65 Pa.C.S. § 1109(f).
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Kean for each delinquent or deficient
Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Kean did not remedy the failure to comply with the Ethics Act although given
more than the usual grace period following Notice in which to do so. The Investigative
Division then instituted formal proceedings against Kean by filing with the State Ethics
Commission and serving upon Kean a Petition for Civil Penalties. The Commission Chair
issued an Order to Show Cause, ordering Kean to show cause why a civil penalty should
not be levied against him. Kean did not file an answer to the Order to Show Cause. There
is nothing of record that would constitute a defense or excuse for Kean's failure to comply
with the Ethics Act. Kean has failed to show cause why a civil penalty should not be levied
against him in this matter.
We find that Kean, as a Member of the Pennsylvania Commission on Crime and
Delinquency, Juvenile Justice and Delinquency Prevention Committee, failed to comply
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file a
Statement of Financial Interests for calendar year 2006 with the State Ethics Commission.
We hereby levy one civil penalty against Kean at the rate of Twenty -Five Dollars
($25.00) per day, for each day his Statement of Financial Interests for calendar year 2006
has remained delinquent. Given the number of days during which the Statement of
Financial Interests has remained delinquent, the resultant amount to be levied against
Kean is Two - Hundred and Fifty Dollars ($250.00).
Kean shall be ordered to make payment of the above civil penalty in the amount of
$250.00 by no later than the thirtieth (30m) day after the mailing date of this adjudication
and Order, by forwarding a check to this Commission made payable to the Commonwealth
of Pennsylvania, for deposit in the State Treasury.
Kean shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2006 with the State Ethics Commission by no later than the
thirtieth (30 ") day after the mailing date of this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. Corey Kean ( "Kean "), as a Member of the Pennsylvania Commission on Crime and
Delinquency, Juvenile Justice and Delinquency Prevention Committee, was at all
times relevant to these proceedings a "public official" subject to the provisions of
the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et
seq.
2. Kean, as a Member of the Pennsylvania Commission on Crime and Delinquency,
Juvenile Justice and Delinquency Prevention Committee, failed to comply with
Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file a
Statement of Financial Interests for calendar year 2006 with the State Ethics
Commission.
3. Notice of the delinquency of Kean's Statement of Financial Interests for calendar
Kean, 08 -007 -P
Page 5
year 2006 was previously served upon him in accordance with Section 1107(5) of
the Ethics Act, 65 Pa.C.S. § 1107(5).
4. Based upon the totality of the circumstances in this case, a civil penalty in the total
amount of $250.00 is warranted.
IN RE: Corey Kean,
Respondent
File Docket: 08 -007 -P
Date Decided: 12/4/08
Date Mailed: 12/19/08
ORDER NO. 349 -S
1 Corey Kean, ( "Kean ") as a Member of the Pennsylvania Commission on Crime and
Delinquency, Juvenile Justice and Delinquency Prevention Committee, failed to
comply with Section 1104(a) of the Public Official and Employee Ethics Act ( "Ethics
Act "), 65 Pa.C.S. § 1104(a), when he failed to file a Statement of Financial Interests
for calendar year 2006 with the State Ethics Commission.
2. This Commission hereby levies one civil penalty against Kean at the rate of Twenty -
Five Dollars ($25.00) per day for each day his Statement of Financial Interests for
calendar year 2006 has remained delinquent, for a total civil penalty of Two -
Hundred and Fifty Dollars ($250.00). Kean is ordered to pay the said civil penalty
in the total amount of $250.00 by no later than the thirtieth (30) day after the
mailing date of this Order, by forwarding a check to this Commission made payable
to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
3. Kean is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2006 with the State Ethics Commission by no later than the thirtieth
(30 day after the mailing date of this Order.
4. Failure to comply with any provision of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair