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Home My WebLink About379-S Kalafut In Re: Stanley Kalafut, : File Docket: 10-032-P Respondent : X-ref: Order No. 379-S : Date Decided: 3/3/11 : Date Mailed: 3/8/11 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. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were subsequently 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). Kalafut, 10-032-P Page 2 I. FINDINGS: 1. Stanley Kalafut (“Kalafut”) has been a Member of the Zoning Hearing Board of Archbald Borough at all times relevant to these civil penalty proceedings, and as such Kalafut 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. Kalafut, as a public official, is subject to the Statement of Financial Interests filing provisions of the Ethics Act. 3. Kalafut failed to file Statements of Financial Interests for calendar years 2006 and 2008 with Archbald Borough, which Statements of Financial Interests were to be filed by May 1 of 2007 and May 1 of 2009, respectively. Kalafut has therefore transgressed Section 1104 of the Ethics Act, 65 Pa.C.S. § 1104. 4. By Notice letters dated July 12, 2010, and August 19, 2010, Kalafut was served with Notice in accordance with Section 1107(5) of the Ethics Act of the specific allegations against Kalafut concerning the above transgressions. 5. Said Notice letters provided Kalafut 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 2008 within twenty (20) days of the date of the Notice letters. a. Kalafut failed to file accurate and complete Statements of Financial Interests for calendar years 2006 and 2008 within twenty (20) days of the Notice letters. 6. On October 29, 2010, the Investigative Division of the State Ethics Commission filed a Petition for Civil Penalties against Kalafut. a. Said Petition for Civil Penalties was served upon Kalafut via certified mail on November 4, 2010. 7. On November 9, 2010--subsequent to the filing of the Petition for Civil Penalties-- Kalafut filed accurate and complete Statements of Financial Interests for calendar years 2006 and 2008 with the State Ethics Commission. II. DISCUSSION: As a Member of the Zoning Hearing Board of Archbald Borough, Stanley Kalafut (“Kalafut”) 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, Kalafut was specifically required to file Statements of Financial Interests for calendar years 2006 and 2008 with Archbald Borough on or before May 1, 2007, 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 Kalafut, 10-032-P Page 3 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 Kalafut as a Member of the Zoning Hearing Board of Archbald Boroughwas 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. Kalafut 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 Kalafut by filing with this Commission and serving upon him a Petition for Civil Penalties. On November 9, 2010--subsequent to the filing of the Petition for Civil Penalties-- Kalafut filed accurate and complete Statements of Financial Interests for calendar years 2006 and 2008 with the State Ethics Commission. The parties then filed a Stipulation of Findings and a Consent Agreement. The parties propose that this case be resolved by: (1) this Commission finding that Kalafut failed to file Statements of Financial Interests for calendar years 2006 and 2008 with Archbald Borough pursuant to Section 1104(a) of the Ethics Act; and (2) Kalafut making payment of a civil penalty in the amount of $100.00 in settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to this Commission upon execution of the Consent Agreement. 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 Kalafut, 10-032-P Page 4 approve the Consent Agreement that has been submitted by the parties. We take administrative notice that Kalafut 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. We hereby find that Kalafut, as a Member of the Zoning Hearing Board of Archbald Borough, failed to file Statements of Financial Interests for calendar years 2006 and 2008 with Archbald Borough pursuant to Section 1104(a) of the Ethics Act. In that Kalafut 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 2008, this case is closed. III. CONCLUSIONS OF LAW: 1. As a Member of the Zoning Hearing Board of Archbald Borough, Stanley Kalafut (“Kalafut”) was at all times relevant to these proceedings a "public official" subject to the provisions of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1101 et seq. 2. Kalafut, as a Member of the Zoning Hearing Board of Archbald Borough, failed to file Statements of Financial Interests for calendar years 2006 and 2008 with Archbald Borough pursuant to Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). 3. Notice of the delinquency of Kalafut’s Statements of Financial Interests for calendar years 2006 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, a civil penalty in the amount of $100.00 is warranted. In Re: Stanley Kalafut, : File Docket: 10-032-P Respondent : Date Decided: 3/3/11 : Date Mailed: 3/8/11 ORDER NO. 379-S 1. Stanley Kalafut (“Kalafut”), as a Member of the Zoning Hearing Board of Archbald Borough, failed to file Statements of Financial Interests for calendar years 2006 and 2008 with Archbald Borough pursuant to Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). 2. In that Kalafuthas 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 2008, no further action is required in this case and this case is closed. BY THE COMMISSION, ______________________ Louis W. Fryman, Chair