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HomeMy WebLinkAbout1498-M NeffIn Re: Lenna Neff, Respondent File Docket: 07 -074 X -Ref: Order No. 1498 -M Date Decided: 3/12/09 Date Mailed: 3/23/09 Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Paul M. Henry Raquel K. Bergen Nicholas A. Colafella On February 17, 2009, the State Ethics Commission received a request for modification of Order No. 1498 issued on December 19, 2008. This Modification Order of the Commission is final and shall be made available as a public document upon issuance. Neff, 07 -074 Page 2 DISCUSSION On December 19, 2008, we issued Neff, Order No. 1498, based upon a Stipulation of Findings and a Consent Agreement filed by the parties. The allegations were that Lenna Neff ( "Neff "), a (public official /public employee) in her capacity as Secretary /Treasurer and Tax Collector of Port Matilda Borough ("Borough "), Centre County violated Sections 1103(a), 1104(a), and 1105(b)(5) of the State Ethics Act (Act 93 of 1998) when she, as Borough Secretary /Treasurer and Tax Collector: (1) used the authority of her public position for private pecuniary gain when she utilized Borough and Tax Collection funds for personal use; (2) made purchases of a personal nature using Borough credit accounts at Office Depot and Wal -Mart; (3) utilized Borough equipment and facilities in furtherance of personal Ebay and PayPal business transactions; (4) authorized and issued payments to her for expenses related to her position as the elected Borough Tax Collector; (5) used the authority of her position as Borough Tax Collector to bill and charge her expenses as Tax Collector to the Borough; (6) failed to file Statements of Financial Interests ("SFIs ") for calendar years 2002 and 2003; and (7) failed to disclose all sources of income in excess of $1,300.00 on SFIs for calendar years 2004, 2005, and 2006. In their Stipulation of Findings and Consent Agreement, the parties stipulated to the facts in this matter. See, Stipulation of Findings; Consent Agreement, paragraph 1. We approved the Consent Agreement and issued Order No. 1498, which Order included the facts and disposition to which the parties had agreed. As part of the Consent Agreement, Neff agreed to make payment to the Borough in the amount of $12,000.00, through a payment arrangement detailed at Paragraphs 4 a and 4 b of the Consent Agreement. Accordingly, Order No. 1498 provided, in pertinent part, as follows: 8. Per the Consent Agreement of the parties, Neff is directed to make payment in the amount of $12,000.00 as follows: a. An initial payment of $6,000.00, by way of certified check, payable to the Borough of Port Matilda and forwarded to the Pennsylvania State Ethics Commission for compliance purposes, is due within thirty (30) days of the issuance of the final adjudication in this matter; and b. The remaining balance of $6,000.00 is due within twenty -four (24) months from the payment date of the initial $6,000.00. The remaining $6,000.00 balance is payable in monthly installments, by way of certified check, payable to the Borough of Port Matilda and forwarded to the Pennsylvania State Ethics Commission for compliance purposes, in an amount of at least $250.00, due on or before the last day of each month until the remaining $6,000.00 is paid in full. The first monthly payment shall not be due any sooner than 30 days from receipt of the initial $6,000.00 payment. The first monthly payment shall be due at the end of the month following the month in which the original $6,000.00 payment is due (e.g. if the initial $6,000.00 is paid November 15, 2008, the first monthly payment shall be due by the end of December 2008 and the end of each month thereafter). Neff may prepay this balance at any time. Neff, Order No. 1498, at paragraph 8. Neff, 07 -074 Page 3 Following the issuance of Order No. 1498, this Commission received on February 17, 2009, an "Application for Modification of Consent Agreement" from Respondent Neff, which Application is being treated as a Request for Modification of Order No. 1498 ( "Request for Modification "). Neff contends that due to reasons of financial hardship set forth in the Request for Modification, she is unable to comply with the payment schedule established by Order No. 1498. Request for Modification, at 2 -3. Neff specifically requests that Order No. 1498 be modified to direct Neff to make payment to the Borough of Port Matilda pursuant to the following payment schedule: a. Payments in the amount of $100.00 per month from March 2009 through May 2010; and b. Payments in the amount of $250.00 per month from June 2010 through October 2013. Request for Modification, at 2 -3. It is administratively noted that Neff made an initial payment in the amount of $500.00, by way of certified check dated February 18, 2009, made payable to the Borough of Port Matilda and forwarded to this Commission. We note that the payment schedule proposed by Neff does not appear to reflect this initial payment. On February 19, 2009, the Investigative Division filed an Answer neither opposing nor acquiescing in Respondent's Request for Modification. Based upon the totality of the circumstances, we determine that Neff's Request for Modification establishes a basis for modification of the payment schedule established by Order No. 1498. Accordingly, paragraph 8 of Order No. 1498 is modified to provide as follows: 8. Neff is directed to make payment in the amount of $12,000.00 as follows: a. Neff shall receive credit for an initial payment in the amount of $500.00 made by way of certified check dated February 18, 2009, payable to the Borough of Port Matilda and forwarded to the Pennsylvania State Ethics Commission. b. The remaining balance of $11,500.00 is payable in monthly installments, by way of certified check, payable to the Borough of Port Matilda and forwarded to the Pennsylvania State Ethics Commission for compliance purposes, as follows: 1. The amount of $100.00 per month from March 2009 through May 2010, due on or before the last day of each month; and 2. The amount of $250.00 per month from June 2010 through September 2013, due on or before the last day of each month. Non - compliance with the modified payment arrangement set forth in this Order will result in the institution of an order enforcement action. Neff, 07 -074 Page 4 This Order is a public record and shall be made available as such. In Re: Lenna Neff, Respondent File Docket: 07 -074 Date Decided: 3/12/09 Date Mailed: 3/23/09 MODIFICATION ORDER NO. 1498 -M 1 Paragraph 8 of Order No. 1498 is modified to provide as follows: 8. Neff is directed to make payment in the amount of $12,000.00 as follows: a. Neff shall receive credit for an initial payment in the amount of $500.00 made by way of certified check dated February 18, 2009, payable to the Borough of Port Matilda and forwarded to the Pennsylvania State Ethics Commission. b. The remaining balance of $11,500.00 is payable in monthly installments, by way of certified check, payable to the Borough of Port Matilda and forwarded to the Pennsylvania State Ethics Commission for compliance purposes, as follows: 1. The amount of $100.00 per month from March 2009 through May 2010, due on or before the last day of each month; and 2. The amount of $250.00 per month from June 2010 through September 2013, due on or before the last day of each month. 2. Non - compliance with the modified payment arrangement set forth in this Order will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair