HomeMy WebLinkAbout377-S GUILES
In Re: Lynn Guiles, : File Docket: 10-028-P
Respondent : X-ref: Order No. 377-S
: Date Decided: 10/19/10
: Date Mailed: 10/22/10
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Raquel K. Bergen
Nicholas A. Colafella
Mark Volk
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).
Guiles, 10-028-P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
2107 Buckman Avenue, Reading, PA 19610.
2. At all times relevant to these proceedings, Respondent has been an Instructional
Supervisor for the Reading School District, and as such Respondent has at all
times relevant to these proceedings been a "public official/public employee" as
defined in Section 1102 of the Ethics Act, 65 Pa.C.S. § 1102.
3. Respondent as a public official/public employee 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 Statements of Financial Interests for calendar
years 2007 and 2008 with the Reading School District, which Statements of
Financial Interests were to be filed by May 1 of 2008, and May 1 of 2009,
respectively. Respondent has therefore transgressed Sections 1104 and 1105 of
the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated April 16, 2010, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing accurate and complete Statements of Financial Interests for calendar years
2007 and 2008 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar years
2007 and 2008 so as to comply with the specific requirements of the Ethics Act.
6. By Notice letter dated May 13, 2010, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing accurate and complete Statements of Financial Interests for calendar years
2007 and 2008 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar years
2007 and 2008 so as to comply with the specific requirements of the Ethics Act.
7. On August 6, 2010--prior to the August 23, 2010, deadline for filing an answer to
the Order to Show Cause issued to Respondent in this matter--Respondent filed
Statements of Financial Interests for calendar years 2007 and 2008 with the State
Ethics Commission.
a. Respondent did not file an answer to the Order to Show Cause.
8. Section 1109(f) of the Ethics Act provides:
§ 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
Guiles, 10-028-P
Page 3
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).
9. 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
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 two violations alleged herein, Respondent is
subject to total maximum civil penalty liability of $500.00 for said violations.
10. There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $250.00 for each violation, 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 an Instructional Supervisor for the Reading School District, Lynn Guiles
(“Guiles”) was at all times relevant to these proceedings a “public official/public employee”
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, Guiles was specifically required to file
Statements of Financial Interests for calendar years 2007 and 2008 with the Reading
School District on or before May 1, 2008, and May 1, 2009, respectively. 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 Guiles as an Instructional Supervisor for
the Reading School District 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:
Guiles, 10-028-P
Page 4
§ 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 Guiles for each delinquent Statement
of Financial Interests for calendar years 2007 and 2008.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Guiles 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 Guiles by filing with the State Ethics
Commission and serving upon Guiles a Petition for Civil Penalties. The Commission Chair
issued an Order to Show Cause, ordering Guiles to show cause why civil penalties should
not be levied against her. On August 6, 2010--prior to the August 23, 2010, deadline for
filing an answer to the Order to Show Cause issued to Guiles--Guiles filed Statements of
Financial Interests for calendar years 2007 and 2008 with the State Ethics Commission.
Guiles did not file an answer to the Order to Show Cause.
There is nothing of record that would constitute a defense or excuse for Guiles’
failure to comply with the Ethics Act. Guiles has failed to show cause why civil penalties
should not be levied against her in this matter.
We find that Guiles, as an Instructional Supervisor for the Reading School District,
failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she
failed to file Statements of Financial Interests for calendar years 2007 and 2008 with the
Reading School District.
We hereby levy two maximum civil penalties against Guiles, each at the rate of
Twenty-Five Dollars ($25.00) per day, for each day herStatements of Financial Interests
for calendar years 2007 and 2008 have remained delinquent. Given the number of days
during which the Statements of Financial Interests have remained delinquent, the resultant
amount to be levied against Guiles totals Five-Hundred Dollars ($500.00).
Guiles shall be ordered to make payment of the above civil penalties in the total
th
amount of $500.00 by no later than the thirtieth (30) 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.
III. CONCLUSIONS OF LAW:
1. Lynn Guiles (“Guiles”), as an Instructional Supervisor for the Reading School
District, was at all times relevant to these proceedings a “public official/public
employee” subject to the provisions of the Public Official and Employee Ethics Act
(“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
2. Guiles, as an Instructional Supervisor for the Reading School District, failed to
Guiles, 10-028-P
Page 5
comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she
failed to file Statements of Financial Interests for calendar years 2007 and 2008
with the Reading School District.
3. Notice of the delinquency of Guiles’ Statements of Financial Interests for calendar
years 2007 and 2008 was previously served upon her 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, the imposition of two
maximum civil penalties in the total amount of $500.00 is warranted.
In Re: Lynn Guiles, : File Docket: 10-028-P
Respondent : Date Decided: 10/19/10
: Date Mailed: 10/22/10
ORDER NO. 377-S
1. Lynn Guiles (“Guiles”), as an Instructional Supervisor for the Reading School
District, failed to comply with Section 1104(a) of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1104(a), when she failed to file Statements of
Financial Interests for calendar years 2007 and 2008 with the Reading School
District.
2. This Commission hereby levies two maximum civil penalties against Guiles, each at
the rate of Twenty-Five Dollars ($25.00) per day, for each day herStatements of
Financial Interests for calendar years 2007 and 2008 have remained delinquent, for
total civil penalty liability of Five-Hundred Dollars ($500.00). Guiles is ordered to
pay said civil penalties in the total amount of $500.00 by no later than the thirtieth
th
(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. Failure to comply with Paragraph 2 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair