HomeMy WebLinkAbout516-S ReedySTATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Richard Reedy, File Docket: 16 -053 -P
Respondent X -ref: Order No. 516-S
Date Decided: 10/20/16
Date Mailed: 1113116
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
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 b 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.
1. FINDINGS:
1. 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 ... Council
Member for Kittanning Borough, 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 b the Ethics
Act. Respondent has failed to file Statements of Financial Interests for calendar
years 2012, 2013, and 2014, which Statements of Financial Interests were to be
filed by May 1 of 2013, May 1 of 2014, and May 1 of 2015, 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 February 8, 2016, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing accurate and complete Statements of Financial Interests for calendar years
2012, 2013, and 2014 within twenty (20) days of the date of the Notice letter.
Respondent has failed and refused to file Statements of Financial Interests for
calendar years 2012, 2013, and 2014 so as to comply with the specific requirements
of the Ethics Act.
6. By Notice letter dated March 16, 2016, Respondent was served with Notice in
P.O. BOX 11470, HARRISBURG, PA 17 1 08 -1 470 • 717- 783 -1610 • 1- 800 -932 -0936 e www.ethics.state.pa.us
Reedy, '16 -053 -P
Page
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice fetter provided
Respondent an opportunity to avoid the institution of these civil enalty proceedings
by filing accurate and complete Statements of Financial Interes s for calendar years
2012, 2013, and 2014 within twenty (20) days of the date of the Notice letter.
Respondent has failed and refused to file Statements of Financial Interests for
calendar years 2012, 2013, and 2014 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).
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 jnterests remains
delinquent or deficient, for a maximum civil penalty of $250.00 per violation.
Because Respondent has committed three violations alleged herein, Respondent is
subject to total maximum civil penalty liability of $750.00.
There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $750.00, in that the twenty -day deadline set forth in the
said final Notice letter to Respondent has expired and the Respondent has not
complied.
Ill. DISCUSSION:
As a Council Member for Kittanning Borough, Richard Reedy ( "Reedy ") 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 sec.
Pursuant to Section 1104(a) of the Ethics Act, Reedy was specifically required to file
Statements of Financial Interests for calendar years 2012, 2013, and 2014 with Kittanning
Borough on or before May 1, 2013, May 1, 2014, and May 1, 2015, 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
Retied , 16 -053 -P
Page 3
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 Reedy as a Council Member for Kittanning
Borough 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 m 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 $250.
65 Pa.C.S. § 1109(f).
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Reedy for each delinquent Statement
of Financial Interests for calendar years 2012, 2013, and 2014.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Reedy did not remedy the failure to comply with the Ethics Act although given
more than the usual grace period following Notice in which to do so. The Investigative
Division then instituted formal proceedings against Reedy by filing with the State Ethics
Commission and serving upon Reedy a Petition for Civil Penalties. The Commission Chair
issued an Order to Show Cause, ordering Reedy to show cause wh civil penalties should
not be levied against him. Reedy did not file an answer to the 9rder to Show Cause.
There is nothing of record that would constitute a defense or excuse for Reedy's failure to
comply with the Ethics Act. Reedy has failed to show cause why civil penalties should not
be levied against him in this matter.
We find that Reedy, as a Council Member for Kittanning Borough, failed to comply
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file
Statements of Financial Interests for calendar years 2012, 2013, and 2014 with Kittanning
Borough.
We hereby levy hree maximum civil penalties against Reedy, each at the rate of
Twenty -Five Dollars ($Y25.00) per day, for each day his Statements of Financial Interests for
calendar years 2012, 2013, and 2014 have remained delinquent. Given the number of
days during which the Statements of Financial Interests have remained delinquent, the
resultant amount to be levied against Reedy totals Seven Hundred and Fifty Dollars
($750.00).
Reedy, 16 -053-P
Page 4
Reedy shall be ordered to make payment of the above civil penalties in the total
amount of $750.00 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.
Reedy shall be ordered to file complete and accurate Statements of Financial
Interests for cal ,9ndar years 2012, 2013, and 2014 with Kittanning Borough by no later than
the thirtieth (30t day after the mailing date of this adjudication and Order, with a copy of
each such filing forwarded to this Commission for compliance verification purposes.
Ill. CONCLUSIONS OF LAW:
Richard Reedy ( "Reedy "), as a Council Member for Kittanning Borough, 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. Reedy, as a Council Member for Kittanning Borough, failed to comply with Section
1104(a) of the Ethics Act, 65 Pa.C.S. § 1104�aq, when he failed to fife Statements of
Financial Interests for calendar years 20 2013, and 2014 with Kittanning
Borough.
3. Notice of the delinquency of Reedy's Statements of Financial Interests for calendar
Sears 2012, 2013, and 2014 was previously served upon him in accordance with
ection 1107(5) of the Ethics Act, 65 Pa.C.S. § 1107(5).
4. Based upon the totality of the circumstances in this case, the imposition of three
maximum civil penalties in the total amount of $750.00 is warranted.
In Re: Richard Reedy, File Docket: 16 -053 -P
Respondent Date Decided: 10/20/16
Date Mailed: 1113116
ORDER NO. 516 -S
Richard Reedy ( "Reed ")), as a Council Member for Kittanning Borough, failed to
comply with Section 11 a, (,a) of the Public Official and Employee Ethics Act ( "Ethics
Act"), 65 Pa.C.S. § 1104(a), when he failed to file Statements of Financial Interests
for calendar years 2012, 2013, and 2014 with Kittanning Borough.
This Commission hereby levies three maximum civil penalties against Reedy, each
at the rate of Twenty -Five Dollars ($25.00) per day, for each day' Statements of
Financial Interests for calendar years 2012, 2013, and 2014 have remained
delinquent, for total civil penalty liability of Seven Hundred and Fifty Dollars
($750.00). Reedy is ordered to pa sMid civil penalties in the total amount of
$750.00 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.
Reedy is ordered to file complete and accurate Statements of Financial Interests for
calendar yyegprs 2012, 2013, and 2014 with Kittanning Borough by no later than the
thirtieth( 30 ) day after the mailing date of this Order, with a copy of each such filing
forwarded to the State Ethics Commission for compliance verification purposes.
Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
a
Nicho as A. o a e a, Chair rya