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Home My WebLink About416-S Vandusen In Re: Brian Vandusen, : File Docket: 12-026-P Respondent : X-ref: Order No. 416-S : Date Decided: 7/10/13 : Date Mailed: 7/18/13 Before: John J. Bolger, Chair Nicholas A. Colafella, Vice Chair Raquel K. Bergen Mark R. Corrigan Roger Nick Kathryn Streeter Lewis 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 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 717 Liberty Avenue, Suite 614, Pittsburgh, PA 15222. 2. At all times relevant to these proceedings, Respondent has been a Constable/Deputy Constable, 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, 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 September 28, 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 Vandusen, 12-026-P Page 2 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 6, 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 September 28, 2011, and/or December 6, 2011. 8. As of June 15, 2012, Respondent had not filed his Statement of Financial Interests for calendar year 2010. II. DISCUSSION: As a Constable/Deputy Constable, Brian Vandusen (“Vandusen”) 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, Vandusen was specifically required to file a Statement of Financial Interests for calendar year 2010 with the State Ethics Commission 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 Vandusen as a Constable/Deputy Constable 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 Vandusen, 12-026-P Page 3 (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 Vandusen 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. Vandusen 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 Vandusen by filing with this Commission and serving upon him a Petition for Civil Penalties. 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 Vandusen 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) Vandusen 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 Vandusen has filed his Statement of Financial Interests for calendar year 2010 with this Commission but has failed to make payment of a civil penalty in the amount of $150.00 as per the Consent Agreement of the parties. We hereby find that Vandusen, as a Constable/Deputy Constable, 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). Per the Consent Agreement of the parties, we hereby levy one civil penalty against Vandusen in the total amount of $150.00 for Vandusen’s delinquent Statement of Financial Interests for calendar year 2010. In that Vandusen has failed to make payment of a civil penalty in the amount of $150.00 as per the Consent Agreement of the parties, Vandusen shall be ordered to make payment of the aforesaid civil penalty in the amount of $150.00 by no later than the th 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. III. CONCLUSIONS OF LAW: Vandusen, 12-026-P Page 4 1. As a Constable/Deputy Constable, Brian Vandusen (“Vandusen”) 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. Vandusen, as a Constable/Deputy Constable, 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 Vandusen'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: Brian Vandusen, : File Docket: 12-026-P Respondent : Date Decided: 7/10/13 : Date Mailed: 7/18/13 ORDER NO. 416-S 1. Brian Vandusen (“Vandusen”), as a Constable/Deputy Constable, 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. Per the Consent Agreement of the parties, we hereby levy one civil penalty against Vandusen in the total amount of $150.00 for Vandusen’s delinquent Statement of Financial Interests for calendar year 2010. 3.In that Vandusen has failed to make payment of a civil penalty in the amount of $150.00 as per the Consent Agreement of the parties, Vandusen is ordered tomake payment of the aforesaid civil penalty in the amount of $150.00 by no later than the th 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. 4. Failure to comply with Paragraph 3 of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, ______________________ John J. Bolger, Chair