HomeMy WebLinkAbout421-S Irey
In Re: Robert J. Irey, : File Docket: 13-006-P
Respondent : X-ref: Order No. 421-S
: Date Decided: 10/9/13
: Date Mailed: 10/10/13
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. 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 [has resided or maintained] a mailing
address at 2463 Brookledge Road, Apartment 14 B, Bridgeville, PA 15017.
2. At all times relevant to these proceedings, Respondent has been a Member of the
Council of Trustees of California University of Pennsylvania of the Pennsylvania
State System of Higher Education, 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, 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
Respondent an opportunity to avoid the institution of these civil penalty proceedings
Irey, 13-006-P
Page 2
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 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 January 24, 2013, 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 2010 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 2010
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 Council of Trustees of California University of Pennsylvania,
Robert J. Irey (“Irey”) 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, Irey was specifically required to file a
Statement of Financial Interests for calendar year 2010 with the State Ethics Commission
and California University of Pennsylvania on or before May 1, 2011. Section 1104(a)
provides:
Irey, 13-006-P
Page 3
§ 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 Irey as a Member of the Council of
Trustees of California University of Pennsylvania 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 Irey 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. Irey 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 Irey by filing with the State Ethics Commission
and serving upon Irey a Petition for Civil Penalties. The Commission Chair issued an
Order to Show Cause, ordering Irey to show cause why a civil penalty should not be levied
against him. Irey did not file an answer to the Order to Show Cause. There is nothing of
record that would constitute a defense or excuse for Irey’s failure to comply with the Ethics
Act. Irey has failed to show cause why a civil penalty should not be levied against him in
this matter.
We find that Irey, as a Member of the Council of Trustees of California University of
Irey, 13-006-P
Page 4
Pennsylvania, 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 2010
with the State Ethics Commission and California University of Pennsylvania.
We hereby levy one maximum civil penalty against Irey at the rate of Twenty-Five
Dollars ($25.00) per day for each day hisStatement of Financial Interests for calendar
year 2010 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 Irey is Two-Hundred and Fifty Dollars ($250.00).
Irey shall be ordered to make payment of the above civil penalty in the amount of
th
$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.
Irey shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2010 with the State Ethics Commission and California
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University of Pennsylvania by no later than the thirtieth (30) day after the mailing date of
this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. Robert J. Irey (“Irey”), as a Member of the Council of Trustees of California
University of Pennsylvania, 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. Irey, as a Member of the Council of Trustees of California University of
Pennsylvania, 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
2010 with the State Ethics Commission and California University of Pennsylvania.
3. Notice of the delinquency of Irey'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 total
amount of $250.00 is warranted.
In Re: Robert J. Irey, : File Docket: 13-006-P
Respondent : Date Decided: 10/9/13
: Date Mailed: 10/10/13
ORDER NO. 421-S
1. Robert J. Irey (“Irey”), as a Member of the Council of Trustees of California
University of Pennsylvania, 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 2010 with the State Ethics
Commission and California University of Pennsylvania.
2. This Commission hereby levies one maximum civil penalty against Irey at the rate of
Twenty-Five Dollars ($25.00) per day for each day his Statement of Financial
Interests for calendar year 2010 has remained delinquent, for a total civil penalty of
Two-Hundred and Fifty Dollars ($250.00). Irey is ordered to pay said civil penalty in
th
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 the State Ethics Commission made
payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
3. Irey is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2010 with the State Ethics Commission and California University of
th
Pennsylvania by no later than the thirtieth (30) day after the mailing date of this
Order.
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,
John J. Bolger, Chair