HomeMy WebLinkAbout378-S MARCHEWKA
In Re: James Alan Marchewka, : File Docket: 10-031-P
Respondent : X-ref: Order No. 378-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).
Marchewka, 10-031-P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
290 Pine Ridge Drive 502, Venetia, Pennsylvania, 15367.
2. At all times relevant to these proceedings, Respondent has been a Member of the
Library Board for Peters Township, and as such Respondent has at all times
relevant to these proceedings been a "public official" as 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 Statements of Financial Interests for calendar
years 2006, 2007, and 2008 with Peters Township, which Statements of Financial
Interests were to be filed by May 1 of 2007, 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 March 29, 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
2006, 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 2006, 2007, and 2008 so as to comply with the specific
requirements of the Ethics Act.
6. By Notice letter dated May 3, 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
2006, 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 2006, 2007, and 2008 so as to comply with the specific
requirements of the Ethics Act.
7. 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
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.
Marchewka, 10-031-P
Page 3
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
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 three violations alleged herein, Respondent is
subject to total maximum civil penalty liability of $750.00 for said violations.
9.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 a Member of the Library Board for Peters Township, James Alan Marchewka
(“Marchewka”) 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, Marchewka was specifically required
to file Statements of Financial Interests for calendar years 2006, 2007, and 2008 with
Peters Township on or before May 1, 2007, 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 Marchewka as a Member of the Library
Board for Peters Township 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
Marchewka, 10-031-P
Page 4
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 Marchewka for each delinquent
Statement of Financial Interests for calendar years 2006, 2007, and 2008.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Marchewka 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 Marchewka by filing with
the State Ethics Commission and serving upon Marchewka a Petition for Civil Penalties.
The Commission Chair issued an Order to Show Cause, ordering Marchewka to show
cause why a civil penalty should not be levied against him. Marchewka did not file an
answer to the Order to Show Cause. There is nothing of record that would constitute a
defense or excuse for Marchewka’s failure to comply with the Ethics Act. Marchewka has
failed to show cause why civil penalties should not be levied against him in this matter.
We find that Marchewka, as a Member of the Library Board for Peters Township,
failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he
failed to file Statements of Financial Interests for calendar years 2006, 2007, and 2008
with Peters Township.
We hereby levy three maximum civil penalties against Marchewka, each at the rate
of Twenty-Five Dollars ($25.00) per day, for each day hisStatements of Financial Interests
for calendar years 2006, 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 Marchewka totals Seven-Hundred and Fifty Dollars
($750.00).
Marchewka shall be ordered to make payment of the above civil penalties in the
th
total amount of $750.00 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.
Marchewka shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 2006, 2007, and 2008 with Peters Township by no later than
th
the thirtieth (30) day after the mailing date of this adjudication and Order, with a copy of
each such filing forwarded to this Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
1. James Alan Marchewka (“Marchewka”), as a Member of the Library Board for
Peters Township, 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. Marchewka, as a Member of the Library Board for Peters Township, failed to comply
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file
Statements of Financial Interests for calendar years 2006, 2007, and 2008 with
Peters Township.
Marchewka, 10-031-P
Page 5
3. Notice of the delinquency of Marchewka’s Statements of Financial Interests for
calendar years 2006, 2007, and 2008 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, the imposition of three
maximum civil penalties in the total amount of $750.00 is warranted.
In Re: James Alan Marchewka, : File Docket: 10-031-P
Respondent : Date Decided: 10/19/10
: Date Mailed: 10/22/10
ORDER NO. 378-S
1. James Alan Marchewka (“Marchewka”), as a Member of the Library Board for
Peters Township, 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
Statements of Financial Interests for calendar years 2006, 2007, and 2008 with
Peters Township.
2. This Commission hereby levies three maximum civil penalties against Marchewka,
each at the rate of Twenty-Five Dollars ($25.00) per day, for each day his
Statements of Financial Interests for calendar years 2006, 2007, and 2008 have
remained delinquent, for total civil penalty liability of Seven-Hundred and Fifty
Dollars ($750.00). Marchewka is ordered to pay said civil penalties in the total
th
amount of $750.00 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. Marchewka is ordered to file complete and accurate Statements of Financial
Interests for calendar years 2006, 2007, and 2008 with Peters Township by no later
th
than the thirtieth (30) day after the mailing date of this Order, with a copy of each
such filing forwarded to this Commission for compliance verification purposes.
4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair