HomeMy WebLinkAbout462-S SchulerIn Re: Jana Lyn Schuler, File Docket: 16 -029 -P
Respondent X -ref: Order No. 462 -S
Date Decided: 4/7/16
Date Mailed: 4/8/16
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 seg.
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 Jana Lyn Schuler ( "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 Vocational
Rehabilitation Counselorwith the Pennsylvania Department of Labor and Industry,
and as such, Respondent has at all times relevant to these proceedings been a
"public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C.S. § 1102.
3. Respondent, as a public employee, is subject to the Statement of Financial
Interests filing provisions of the Ethics Act.
4. Respondent failed to timely provide full financial disclosure as required by the
Ethics Act. Respondent failed to timely file a Statement of Financial Interests for
calendar year 2014, which [Statement of Financial Interests was to be filed] by May
1, 2015. Respondent has therefore violated Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice Letter dated September 14, 2015, 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 2014 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
Schuler, 16 -029 -P
Page 2
calendar year 2014 so as to comply with the specific requirements of the Ethics Act.
By Notice Letter dated November 16, 2015, 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
2014 so as to comply with the specific requirements of the Ethics Act.
Respondent failed to file her Statement of Financial Interests for calendar year
2014 by the deadlines imposed in the Notice Letters.
II. DISCUSSION:
As a Vocational Rehabilitation Counselor for the Pennsylvania Department of Labor
and Industry ( "Department of Labor and Industry "), Jana Lyn Schuler ( "Schuler') was at all
times relevant to these proceedings a "public employee" subject to the provisions of the
Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seg.
Pursuant to Section 1104(a) of the Ethics Act, Schuler was specifically required to
file a Statement of Financial Interests for calendar year 2014 with the Department of Labor
and Industry on or before May 1, 2015. 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 Schuler as a Vocational Rehabilitation
Counselor for the Department of Labor and Industry 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
Schuler, 16 -029 -P
Page 3
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 Schuler for the delinquent Statement
of Financial Interests for calendar year 2014.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Schuler 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 Schuler by
filing with this Commission and serving upon her a Petition for Civil Penalties. The
Commission Chair issued an Order to Show Cause, ordering Schuler 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
Schuler failed to timely file her Statement of Financial Interests for the 2014 calendaryear
in compliance with Section 1104(a) of the Ethics Act; and (2) Schuler making payment of a
civil penalty in the amount of $250.00 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 forthis 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 Schuler, as a Vocational Rehabilitation Counselor for the
Department of Labor and Industry, failed to timely file her Statement of Financial Interests
for the 2014 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
Schuler in the total amount of $250.00 for Schuler's delinquent Statement of Financial
Interests for calendar year 2014.
Schuler shall be ordered to make payment of the aforesaid civil penalty in the
amount of $250.00 by no later than the thirtieth (30th ) day after the mailing date of this
adjudication and Order, by forwarding to this Commission a check in the amount of
$250.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State
Treasury.
Schuler shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2014 with the Department of Labor and Industry by no later than
the thirtieth (30t ) day after the mailing date of this adjudication and Order, with one copy
forwarded to this Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
1. As a Vocational Rehabilitation Counselor for the Pennsylvania Department of Labor
and Industry, Jana Lyn Schuler ( "Schuler ") was at all times relevant to these
Schuler, 16 -029 -P
Page 4
proceedings a "public employee" subject to the provisions of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Schuler, as a Vocational Rehabilitation Counselor for the Pennsylvania Department
of Labor and Industry, failed to timely file her Statement of Financial Interests for
the 2014 calendar year in compliance with Section 1104(a) of the Ethics Act, 65
Pa.C.S. § 1104(a).
3. Notice of the delinquency of Schuler's Statement of Financial Interests for calendar
year 2014 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 total
amount of $250.00 is warranted.
In Re: Jana Lyn Schuler, File Docket: 16 -029 -P
Respondent Date Decided: 4/7/16
Date Mailed: 4/8/16
ORDER NO. 462 -S
1. Jana Lyn Schuler ( "Schuler "), as a Vocational Rehabilitation Counselor for the
Pennsylvania Department of Labor and Industry, failed to timely file her Statement
of Financial Interests for the 2014 calendar yearin 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
Schuler in the total amount of $250.00 for Schuler's delinquent Statement of
Financial Interests for calendar year 2014.
3. Schuler is ordered to make payment of the aforesaid civil penalty in the total
amount of $250.00 by no later than the thirtieth (30th) day after the mailing date of
this Order, by forwarding to this Commission a check in the amount of $250.00
made payable to the Commonwealth of Pennsylvania, for deposit in the State
Treasury.
4. Schuler is ordered to file a complete and accurate Statement of Financial Interests
for calendar year 2014 with thq Pennsylvania Department of Labor and Industry by
no later than the thirtieth (30t ) day after the mailing date of this Order, with one
copy forwarded to the State Ethics Commission for compliance verification
purposes.
5. Failure to comply with Paragraph 3 or 4 of this Orderwill result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nicholas A. Colafella, Chair