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HomeMy WebLinkAbout410-S McClendon In Re: Jairius S. McClendon, : File Docket: 12-022-P Respondent : X-ref: Order No. 410-S : Date Decided: 9/24/12 : Date Mailed: 9/26/12 Before: John J. Bolger, Chair Donald M. McCurdy Raquel K. Bergen Nicholas A. Colafella Mark Volk Mark A. Corrigan 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. A Stipulation of Findings and a Consent Agreement 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. I. FINDINGS: 1. Respondent is an adult individual who resides or maintains a mailing address at 9100 Cliff Cameron Drive, Apartment 107, Charlotte, NC 28269-1074. 2. At all times relevant to these proceedings, Respondent has been a Member of the Board of the Pennsylvania Minority Business Development Authority, 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 timely provide full financial disclosure as required by the Ethics Act. Respondent has failed to timely file a Statement of Financial Interests for calendar year 2010 with the State Ethics Commission and the Pennsylvania Minority Business Development Authority, which Statement of Financial Interests was to be filed by May 1 of 2011, and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. 5. By Notice Letter dated November 18, 2011, Respondent was served with Notice in accordance with Section 1107(5) of the Ethics Act of the specific allegations against McClendon, 12-022-P Page 2 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 2010 within twenty (20) days of the date of the Notice Letter. Respondent has failed and/or otherwise refused to file a Statement of Financial Interests for calendar year 2010 so as to comply with the specific requirements of the Ethics Act. 6. By Notice Letter dated December 28, 2011 (sent via Certified Mail), 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 civil penalty proceedings by filing an accurate and complete Statement of Financial Interests for calendar year 2010 so as to comply with the specific requirements of the Ethics Act. 7. Respondent did not file his Statement of Financial Interests for calendar year 2010 within the twenty (20) day time allotment afforded by the Notice Letters of November 18, 2011, and/or December 28, 2011. 8. As of June 21, 2012, Respondent had not filed his Statement of Financial Interests for calendar year 2010. II. DISCUSSION: As a Member of the Board of the Pennsylvania Minority Business Development Authority, Jairius S. McClendon (“McClendon”) 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, McClendon was specifically required to file a Statement of Financial Interests for calendar year 2010 with the State Ethics Commission and the Pennsylvania Minority Business Development Authority on or before May 1, 2011. 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 McClendon as a Member of the Board of the Pennsylvania Minority Business Development Authoritywas required to provide in the McClendon, 12-022-P Page 3 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 McClendon for the delinquent Statement of Financial Interests for calendar year 2010. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. McClendon 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 McClendon by filing with this Commission and serving upon him a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, ordering McClendon to show cause why a civil penalty should not be levied against him. The parties then filed a Stipulation of Findings and Consent Agreement. The parties propose that this case be resolved by: (1) this Commission finding that McClendon failed to timely file his Statement of Financial Interests for the 2010 calendar year in compliance with Section 1104(a) of the Ethics Act; and (2) McClendon making payment of a civil penalty in the amount of $150.00 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 sets forth a proper disposition for this case, based upon our review of the totality of the facts and circumstances. Accordingly, we approve the Consent Agreement that has been submitted by the parties. We take administrative notice that McClendon has made payment of a civil penalty in the amount of $150.00 through this Commission to the Commonwealth of Pennsylvania, as per the Consent Agreement of the parties, and has filed his Statement of Financial Interests for calendar year 2010. We hereby find that McClendon, as a Member of the Board of the Pennsylvania Minority Business Development Authority, failed to timely file his Statement of Financial Interests for the 2010 calendar year in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). In that McClendon has made payment of a civil penalty in the amount of $150.00 in accordance with the Consent Agreement of the parties, and has now filed a Statement of Financial Interests for calendar year 2010, no further action is required in this case and McClendon, 12-022-P Page 4 this case is closed. III. CONCLUSIONS OF LAW: 1. As a Member of the Board of the Pennsylvania Minority Business Development Authority, Jairius S. McClendon (“McClendon”) 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. McClendon, as a Member of the Board of the Pennsylvania Minority Business Development Authority, failed to timely file his Statement of Financial Interests for the 2010 calendar year in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). 3. Notice of the delinquency of McClendon's Statement of Financial Interests for calendar year 2010 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 $150.00 is warranted. In Re: Jairius S. McClendon, : File Docket: 12-022-P Respondent : Date Decided: 9/24/12 : Date Mailed: 9/26/12 ORDER NO. 410-S 1. Jairius S. McClendon (“McClendon”), as a Member of the Board of the Pennsylvania Minority Business Development Authority, failed to timely file his Statement of Financial Interests for the 2010 calendar year in compliance with Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a). 2. In that McClendon has paid a civil penalty in the amount of $150.00 through this Commission to the Commonwealth of Pennsylvania as per the Consent Agreement of the parties, and has now filed a Statement of Financial Interests for calendar year 2010, no further action is required in this case and this case is closed. BY THE COMMISSION, ______________________ John J. Bolger, Chair