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HomeMy WebLinkAbout413-S Jones/Fearbry In Re: Errika Jones/Fearbry, : File Docket: 12-010-P Respondent : X-ref: Order No. 413-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 R. 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 3445 Portola Avenue, Pittsburgh, PA 15214. 2. At all times relevant to these proceedings, Respondent has been a Member of the Pennsylvania Commission on Crime and Delinquency, 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 2010 with the State Ethics Commission and the Pennsylvania Commission on Crime and Delinquency, 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 Respondent concerning the above transgression. Said Notice Letter provided Jones/Fearbry, 12-010-P Page 2 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 her 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 August 3, 2012, Respondent had not filed her Statement of Financial Interests for calendar year 2010. II. DISCUSSION: As a Member of the Pennsylvania Commission on Crime and Delinquency, Errika Jones/Fearbry (“Jones/Fearbry”) 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, Jones/Fearbry was specifically required to file a Statement of Financial Interests for calendar year 2010 with the State Ethics Commission and the Pennsylvania Commission on Crime and Delinquency 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 Jones/Fearbry as a Member of the Pennsylvania Commission on Crime and Delinquencywas required to provide in the Statement of Financial Interests form is statutorily mandated in detail at Section 1105 of Jones/Fearbry, 12-010-P Page 3 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 Jones/Fearbry 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. Jones/Fearbry 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 Jones/Fearbry by filing with this Commission and serving upon her a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, ordering Jones/Fearbry to show cause why a civil penalty should not be levied against her. 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 Jones/Fearbry failed to timely file her Statement of Financial Interests for the 2010 calendar year in compliance with Section 1104(a) of the Ethics Act; and (2) Jones/Fearbry 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 Jones/Fearbry 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 her Statement of Financial Interests for calendar year 2010 with this Commission. We hereby find that Jones/Fearbry, as a Member of the Pennsylvania Commission on Crime and Delinquency, failed to timely file her 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 Jones/Fearbry 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 this case is closed. Jones/Fearbry, 12-010-P Page 4 III. CONCLUSIONS OF LAW: 1. As a Member of the Pennsylvania Commission on Crime and Delinquency, Errika Jones/Fearbry (“Jones/Fearbry”) 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. Jones/Fearbry, as a Member of the Pennsylvania Commission on Crime and Delinquency, failed to timely file her 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 Jones/Fearbry's Statement of Financial Interests for calendar year 2010 was previously served upon her 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: Errika Jones/Fearbry, : File Docket: 12-010-P Respondent : Date Decided: 9/24/12 : Date Mailed: 9/26/12 ORDER NO. 413-S 1. Errika Jones/Fearbry (“Jones/Fearbry”), as a Member of the Pennsylvania Commission on Crime and Delinquency, failed to timely file her 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 Jones/Fearbry 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