HomeMy WebLinkAbout464-S HankersonIn Re: Vanessa Hankerson, File Docket: 15 -041 -P
Respondent X -ref: Order No. 464 -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 Vanessa Hankerson ( "Respondent ") is an adult individual who resides
or maintains a mailing address at [addresses redacted].
2. At all times relevant to these proceedings, Respondent has been a Center
Management Specialist 1 with the Executive Offices of the Governor, 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 2013, which [Statement of Financial Interests was to be filed] by May
1, 2014. Respondent has therefore violated Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice Letter dated August 25, 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. 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 2013 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
Hankerson, 15 -041 -P
Page 2
calendar year 2013 so as to comply with the specific requirements of the Ethics Act.
By Notice Letter dated November 3, 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. 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
2013 so as to comply with the specific requirements of the Ethics Act.
Respondent failed to file her Statement of Financial Interests for calendar year
2013 by the deadlines imposed in the Notice Letters.
II. DISCUSSION:
As a Center Management Specialist 1 for the Executive Offices of the Governor
( "Executive Offices "), Vanessa Hankerson ( "Hankerson ") 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, Hankerson was specifically required
to file a Statement of Financial Interests for calendar year 2013 with the Executive Offices
on or before May 1, 2014. 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 Hankerson as a Center Management
Specialist 1 for the Executive Offices 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
Hankerson, 15 -041 -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 Hankerson for the delinquent
Statement of Financial Interests for calendar year 2013.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Hankerson 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 Hankerson by
filing with this Commission and serving upon her a Petition for Civil Penalties. The
Commission Chair issued an Order to Show Cause, ordering Hankerson 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
Hankerson failed to timely file her Statement of Financial Interests for the 2013 calendar
year in compliance with Section 1104(a) of the Ethics Act; and (2) Hankerson 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 Hankerson, as a Center Management Specialist 1 for the
Executive Offices, failed to timely file her Statement of Financial Interests for the 2013
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
Hankerson in the total amount of $250.00 for Hankerson's delinquent Statement of
Financial Interests for calendar year 2013.
We take administrative notice that Hankerson has filed her Statement of Financial
Interests for calendar year 2013 with this Commission but has failed to make payment of a
civil penalty in the amount of $250.00 as per the Consent Agreement of the parties.
In that Hankerson has failed to make payment of a civil penalty in the amount of
$250.00 as per the Consent Agreement of the parties, Hankerson 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.
III. CONCLUSIONS OF LAW:
1. As a Center Management Specialist 1 for the Executive Offices of the Governor,
Vanessa Hankerson ( "Hankerson ") was at all times relevant to these proceedings a
"public employee" subject to the provisions of the Public Official and Employee
Hankerson, 15 -041 -P
Page 4
Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et sec
2. Hankerson, as a Center Management Specialist 1 for the Executive Offices of the
Governor, failed to timely file her Statement of Financial Interests for the 2013
calendar year in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §
1104(a).
3. Notice of the delinquency of Hankerson's Statement of Financial Interests for
calendar year 2013 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: Vanessa Hankerson, File Docket: 15 -041 -P
Respondent Date Decided: 4/7/16
Date Mailed: 4/8/16
ORDER NO. 464 -S
Vanessa Hankerson ( "Hankerson "), as a Center Management Specialist 1 for the
Executive Offices of the Governor, failed to timely file her Statement of Financial
Interests for the 2013 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
Hankerson in the total amount of $250.00 for Hankerson's delinquent Statement of
Financial Interests for calendar year 2013.
3. In that Hankerson has failed to make payment of a civil penalty in the amount of
$250.00 as per the Consent Agreement of the parties, Hankerson is ordered to
make payment of the aforesaid civil penalty in the amount of $250.00 by no later
than the thirtieth (30t ) 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. Failure to comply with Paragraph 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nicholas A. Colafella, Chair