HomeMy WebLinkAbout396-S Kephart
In Re: Tim Kephart, : File Docket: 11-021-P
Respondent : X-ref: Order No. 396-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
105 Hummingbird Road, Morrisdale, PA 16858.
2. At all times relevant to these proceedings, Respondent has been a Member of the
School Board of the West Branch School District, 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 a Statement of Financial Interests for calendar
year 2009 with the West Branch School District, which Statement of Financial
Interests was to be filed by May 1 of 2010, and Respondent has therefore
transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated August 3, 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 transgression. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing an accurate and complete Statement of Financial Interests for calendar
Kephart, 11-021-P
Page 2
year 2009 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2009
so as to comply with the specific requirements of the Ethics Act.
6. By Notice letter dated September 23, 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 transgression. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing an accurate and complete Statement of Financial Interests for calendar
year 2009 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 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 one violation alleged herein, Respondent is
subject to total maximum civil penalty liability of $250.00.
9. There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $250.00, 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 a Member of the School Board of the West Branch School District, Tim Kephart
(“Kephart”) 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, Kephart was specifically required to
file a Statement of Financial Interests for calendar year 2009with the West Branch School
District on or before May 1, 2010. Section 1104(a) provides:
§ 1104. Statement of financial interests required to be filed
Kephart, 11-021-P
Page 3
(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 Kephart as a Member of the School Board
of the West Branch 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 Kephart for the delinquent Statement
of Financial Interests for calendar year 2009.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Kephart 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 Kephart by filing with the State Ethics
Commission and serving upon Kephart a Petition for Civil Penalties. The Commission
Chair issued an Order to Show Cause, ordering Kephart to show cause why a civil penalty
should not be levied against him. Kephart did not file an answer to the Order to Show
Cause. There is nothing of record that would constitute a defense or excuse for Kephart’s
failure to comply with the Ethics Act. Kephart has failed to show cause why a civil penalty
should not be levied against him in this matter.
We find that Kephart, as a Member of the School Board of the West Branch School
District, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a),
when he failed to file a Statement of Financial Interests for calendar year 2009with the
Kephart, 11-021-P
Page 4
West Branch School District.
We hereby levy one maximum civil penalty against Kephart at the rate of Twenty-
Five Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar
year 2009 has remained delinquent. Given the number of days during which the
Statement of Financial Interests has remained delinquent, the resultant amount to be
levied against Kephart is Two-Hundred and Fifty Dollars ($250.00).
Kephart shall be ordered to make payment of the above civil penalty in the amount
th
of $250.00 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.
Kephart shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2009 with the West Branch School District by no later than the
th
thirtieth (30) day after the mailing date of this adjudication and Order, with one copy
forwarded to this Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
1. Tim Kephart (“Kephart”), as a Member of the School Board of the West Branch
School District, 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. Kephart, as a Member of the School Board of the West Branch School District,
failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when
he failed to file a Statement of Financial Interests for calendar year 2009with the
West Branch School District.
3. Notice of the delinquency of Kephart’s Statement of Financial Interests for calendar
year 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, a civil penalty in the total
amount of $250.00 is warranted.
In Re: Tim Kephart, : File Docket: 11-021-P
Respondent : Date Decided: 1/31/12
: Date Mailed: 2/13/12
ORDER NO. 396-S
1. Tim Kephart (“Kephart”), as a Member of the School Board of the West Branch
School District, failed to comply with Section 1104(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file a Statement of
Financial Interests for calendar year 2009with the West Branch School District.
2. This Commission hereby levies one maximum civil penalty against Kephart at the
rate of Twenty-Five Dollars ($25.00) per day for each day his Statement of
Financial Interests for calendar year 2009 has remained delinquent, for a total civil
penalty of Two-Hundred and Fifty Dollars ($250.00). Kephart is ordered to pay said
th
civil penalty in the total amount of $250.00 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. Kephart is ordered to file a complete and accurate Statement of Financial Interests
for calendar year 2009 with the West Branch School District by no later than the
th
thirtieth (30) day after the mailing date of this Order, with one copy 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