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HomeMy WebLinkAbout353-S WattsIn Re: Kareem Watts, 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 09 -001 -P Order No. 353 -S 4/30/09 5/15/09 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. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. 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). Watts, 09 -001 -P Page 2 I. FINDINGS: 1. Kareem Watts (hereinafter "Watts ") has been a member of the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, and as such Watts 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. 2. Watts as a public official is subject to the Statement of Financial Interests filing provisions of the Ethics Act. 3. Watts has failed to provide full financial disclosure as required by the Ethics Act. Watts has failed to file Statements of Financial Interests for calendar years 2006 and 2007 with the State Ethics Commission and the Commission that he served, the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, which Statements of Financial Interests were to be filed by May 1, 2007, and May 1, 2008, respectively, and Watts has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. 4. By Notice letters dated October 6, 2008, and November 3, 2008, Watts was served with Notice in accordance with Section 1107(5) of the Ethics Act of the specific allegations against Watts concerning the above transgression. 5. Said Notice letters provided Watts an opportunity to avoid the institution of the civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar years 2006 and 2007 within twenty (20) days of the date of the Notice letters. a. Watts has failed and refused to file Statements of Financial Interests for calendar years 2006 and 2007 so as to comply with the specific requirements of the Ethics Act. 6. On January 8, 2009, the Investigative Division of the State Ethics Commission filed a Petition for Civil Penalties against Watts. a. Said Petition for Civil Penalties was served upon Watts via certified mail. 7 Respondent contacted the Investigative Division on February 17, 2009, regarding the Notice letters he received and expressed his desire to comply with the Ethics Act. 8. On February 19, 2009, Watts filed his 2006 and 2007 Statements of Financial Interests and remitted $100.00 in settlement of this matter. II. DISCUSSION: As a Member of the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, Kareem Watts ( "Watts ") 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. Pursuant to Section 1104(a) of the Ethics Act, Watts was specifically required to file Statements of Financial Interests for calendar years 2006 and 2007 with the State Ethics Commission and with the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, on or before May 1, 2007, and May 1, 2008, respectively. Section 1104(a) provides: Watts, 09 -001 -P Page 3 § 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 Watts 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 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 the Respondent for each delinquent or deficient Statement of Financial Interests. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Watts 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 Watts by filing with this Commission and serving upon Watts a Petition for Civil Penalties. The parties then filed a Stipulation of Findings and Consent Agreement. The parties propose that this case be resolved by: (1) this Commission finding that Watts failed to timely file his Statements of Financial Interests for the 2006 and 2007 calendar years in compliance with Section 1104(a) of the Ethics Act; and (2) Watts making Watts, 09 -001 -P Page 4 payment of a civil penalty in the amount of $100.00 in settlement of this matter, payable to the Commonwealth of Pennsylvania. We believe that the Consent Agreement is the proper disposition for this case, based upon our review of the totality of the facts and circumstances. Accordingly, we approve the Consent Agreement that has been submitted by the parties. Watts has made payment of a civil penalty in the amount of $100.00 through this Commission to the Commonwealth of Pennsylvania, as per the Consent Agreement of the parties, and has filed his Statements of Financial Interests for calendar years 2006 and 2007 with this Commission on February 19, 2009. We hereby find that Watts failed to timely file his Statements of Financial Interests for calendar years 2006 and 2007 in compliance with Section 1104(a) of the Ethics Act. In that Watts has made payment of a civil penalty in the amount of $100.00 in accordance with the Consent Agreement of the parties, and has now filed Statements of Financial Interests for calendar years 2006 and 2007, this case is closed. III. CONCLUSIONS OF LAW: 1. As a Member of the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, Kareem Watts ( "Watts ") was at all times relevant to these proceedings a "public official" subject to the provisions of the Ethics Act, 65 Pa.C.S. §1101 et seq. 2. Watts, as a Member of the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, failed to timely file his Statements of Financial Interests for calendar years 2006 and 2007 in compliance with Section 1104(a) of the Ethics Act. 3. Notice of the delinquency of Watts' Statements of Financial Interests for calendar years 2006 and 2007 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 amount of $100.00 is warranted. In Re: Kareem Watts, Respondent ORDER NO. 353 -S File Docket: 09 -001 -P Date Decided: 4/30/09 Date Mailed: 5/15/09 1 Kareem Watts ( "Watts "), as a Member of the Pennsylvania Commission on Crime and Delinquency, Juvenile Justice and Delinquency Prevention Committee, failed to timely file his Statements of Financial Interests for calendar years 2006 and 2007 in compliance with Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa. C. S. § 1104(a). 2. In that Watts has paid a civil penalty in the amount of $100.00 through this Commission to the Commonwealth of Pennsylvania as per the Consent Agreement of the parties, and has now filed Statements of Financial Interests for calendar years 2006 and 2007, no further action is required in this case and this case is closed. BY THE COMMISSION, Louis W. Fryman, Chair