HomeMy WebLinkAbout395-S Keever
In Re: Jay S. Keever, III, : File Docket: 11-019-P
Respondent : X-ref: Order No. 395-S
: Date Decided: 1/31/12
: Date Mailed: 2/13/12
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.
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
1215 Prospect Avenue, Prospect Park, PA 19076.
2. At all times relevant to these proceedings, Respondent has been the Facilities
Director for the Chichester 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 2008 and 2009 with the Chichester School District, which Statements of
Financial Interests were to be filed by May 1 of 2009, and May 1 of 2010,
respectively, and Respondent has therefore transgressed Sections 1104 and 1105
of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated April 20, 2011, 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
Keever, 11-019-P
Page 2
by filing accurate and complete Statements of Financial Interests for calendar years
2008 and 2009 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
2008 and 2009 so as to comply with the specific requirements of the Ethics Act.
6. By Notice letter dated May 27, 2011, 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
2008 and 2009 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
2008 and 2009 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.
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 two violations alleged herein, Respondent is
subject to total maximum civil penalty liability of $500.00 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 Respondent
has not complied.
II. DISCUSSION:
As the Facilities Director for the Chichester School District, Jay S. Keever, III
(“Keever”) 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, Keever was specifically required to
file complete and accurate Statements of Financial Interests for calendar years 2008 and
2009with the Chichester School District on or before May 1, 2009, and May 1, 2010,
respectively. Section 1104(a) provides:
Keever, 11-019-P
Page 3
Keever, 11-019-P
Page 4
§ 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 Keever as the Facilities Director for the
Chichester 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:
§ 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 Keever for each delinquent or
deficient Statement of Financial Interests for calendar years 2008 and 2009.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Keever 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 Keever by filing with the State Ethics
Commission and serving upon Keever a Petition for Civil Penalties. The Commission
Chair issued an Order to Show Cause, ordering Keever to show cause why civil penalties
should not be levied against him. Keever did not file an answer to the Order to Show
Cause. There is nothing of record that would constitute a defense or excuse for Keever’s
failure to comply with the Ethics Act. Keever has failed to show cause why civil penalties
should not be levied against him in this matter.
We find that Keever, as the Facilities Director for the Chichester School District,
failed to comply with Sections 1104(a) and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104(a),
Keever, 11-019-P
Page 5
1105, when he failed to file Statements of Financial Interests for calendar years 2008 and
2009with the Chichester School District.
We hereby levy two maximum civil penalties against Keever, each at the rate of
Twenty-Five Dollars ($25.00) per day, for each day hisStatements of Financial Interests
for calendar years 2008 and 2009have remained delinquent. Given the number of days
during which the Statements of Financial Interests have remained delinquent, the resultant
amount to be levied against Keever totals Five-Hundred Dollars ($500.00).
Keever 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.
Keever shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 2008 and 2009with the Chichester School Districtby no later
th
than 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. Jay S. Keever, III (“Keever”), as the Facilities Director for the Chichester 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. Keever, as the Facilities Director for the Chichester School District, failed to comply
with Sections 1104(a) and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104(a), 1105,
when hefailed to file Statements of Financial Interests for calendar years 2008 and
2009with the Chichester School District.
3. Notice of the delinquency of Keever's Statements of Financial Interests for calendar
years 2008 and 2009was 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 two
maximum civil penalties in the total amount of $500.00is warranted.
In Re: Jay S. Keever, III, : File Docket: 11-019-P
Respondent : Date Decided: 1/31/12
: Date Mailed: 2/13/12
ORDER NO. 395-S
1. Jay S. Keever, III (“Keever”), as the Facilities Director for the Chichester School
District, failed to comply with Sections 1104(a) and 1105 of the Public Official and
Employee Ethics Act, 65 Pa.C.S. §§ 1104(a), 1105, when he failed to file
Statements of Financial Interests for calendar years 2008 and 2009with the
Chichester School District.
2. This Commission hereby levies two maximum civil penalties against Keever, each
at the rate of Twenty-Five Dollars ($25.00) per day, for each day his Statements of
Financial Interests for calendar years 2008 and 2009have remained delinquent, for
total civil penalty liability of Five Hundred Dollars ($500.00). Keever 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. Keever is ordered to file complete and accurate Statements of Financial Interests
for calendar years 2008 and 2009 with the Chichester School District 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