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HomeMy WebLinkAbout444-S Pierson In Re: Mike Pierson, : File Docket: 15-008-P Respondent : X-ref: Order No. 444-S : Date Decided: 5/6/15 : Date Mailed: 5/15/15 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Kathryn Streeter Lewis Maria Feeley Melanie DePalma 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. Mike Pierson (“Respondent”) is an adult individual who resides or maintains a mailing address at \[address redacted\]. 2. At all times relevant to these proceedings, Respondent has been a Director of Facilities for the West Greene School District, and as such, Respondent has at all times relevant to these proceedings been a "public official/public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C.S. § 1102. 3. Respondent, as a public official/public employee, 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 Statements of Financial Interests for calendar years 2011 and 2012 with the West Greene School District, which Statements of Financial Interests were to be filed by May 1 of 2012, and May 1 of 2013, respectively, and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. 5. By Notice Letter dated July 22, 2014, 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(s). Said Notice Letter provided Pierson, 15-008-P Page 2 Respondent an opportunity to avoid the institution of these civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar years 2011 and 2012 within twenty (20) days of the date of the Notice Letter. Respondent has failed and/or otherwise refused to file Statements of Financial Interests for calendar years 2011 and 2012 so as to comply with the specific requirements of the Ethics Act. 6. By Notice Letter dated October 8, 2014 (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(s). Said Notice Letter provided Respondent an opportunity to avoid the institution of civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar years 2011 and 2012 so as to comply with the specific requirements of the Ethics Act. 7. Respondent did not file his Statements of Financial Interests for calendar years 2011 and 2012 within the twenty (20) day time allotment afforded by the Notice Letters of July 22, 2014, and/or October 8, 2014. 8. On or about March 23, 2015, Respondent filed complete and accurate Statements of Financial Interests for calendar years 2011 and 2012. II. DISCUSSION: As a Director of Facilities for the West Greene School District, Mike Pierson (“Pierson”) was at all times relevant to these proceedings a “public official/public employee” 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, Pierson was specifically required to file Statements of Financial Interests for calendar years 2011 and 2012 with the West Greene School District on or before May 1, 2012, and May 1, 2013, respectively. 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 Piersonas a Director of Facilities for the West Greene 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. Pierson, 15-008-P Page 3 § 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 maximum civil penalties against Pierson for the delinquent Statements of Financial Interests for calendar years 2011 and 2012. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Pierson 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 Pierson by filing with this Commission and serving upon him a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, ordering Pierson 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 Pierson failed to timely file his Statements of Financial Interests for the 2011 and 2012 calendar years in compliance with Section 1104(a) of the Ethics Act; and (2) Pierson making payment of civil penalties totaling $500.00 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 hereby find that Pierson, as a Director of Facilities for the West Greene School District, failed to timely file his Statements of Financial Interests for the 2011 and 2012 calendar years in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). We take administrative notice that Pierson has made payment of the agreed-upon civil penalties totaling $500.00 through this Commission to the Commonwealth of Pennsylvania, as per the Consent Agreement of the parties. In that Pierson has made payment of the agreed-upon civil penalties totaling $500.00 in accordance with the Consent Agreement of the parties, and has now filed Statements of Financial Interests for calendar years 2011 and 2012, no further action is required in this case and this case is closed. III. CONCLUSIONS OF LAW: Pierson, 15-008-P Page 4 1. As a Director of Facilities for the West Greene School District, Mike Pierson (“Pierson”) was at all times relevant to these proceedings a "public official/public employee" subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. 2. Pierson, as a Director of Facilities for the West Greene School District, failed to timely file his Statements of Financial Interests for the 2011 and 2012 calendar years in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). 3. Notice of the delinquency of Pierson's Statements of Financial Interests for calendar years 2011 and 2012 was previously served upon himin 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, civil penalties totaling $500.00 are warranted. In Re: Mike Pierson, : File Docket: 15-008-P Respondent : Date Decided: 5/6/15 : Date Mailed: 5/15/15 ORDER NO. 444-S 1. Mike Pierson (“Pierson”), as a Director of Facilities for the West Greene School District, failed to timely file his Statements of Financial Interests for the 2011 and 2012 calendar years in compliance with Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a). 2. In that Pierson has paid civil penalties totaling $500.00 through this Commission to the Commonwealth of Pennsylvania as per the Consent Agreement of the parties, and has now filed Statements of Financial Interests for calendar years 2011 and 2012, no further action is required in this case and this case is closed. BY THE COMMISSION, ______________________ Nicholas A. Colafella, Chair