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HomeMy WebLinkAbout515-S CroyleE , "Z it STATE ETHICS COMMISSION 309 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: David J. Croyle, File Docket: 16 -052 -P Respondent X -ref: Order No. 515 -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 sect. 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 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 e Ethics Act. Respondent has failed to file Statements of Financial Interests Zr fo calendar years 2013 and 2014, which Statements of Financial Interests were to be filed by 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. §§ 1 104, 1105. 5. By Notice letter dated February , 2016, Respondent was served with Notice in accordance with Section 1107() 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 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 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 accordance with Section 1107(5) of the Ethics Act of the specific allegations against Respondent concerning the above transgressions. Said Notice letter provided P.O. BOX 11470, HARRISBURG, PA 17108-1470 • 717 - 783.1610 ^ 1.800- 932 -0936 • www.ethics.state.pa.us Crro le 16 -052 -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 2013 and 2014 within twent� (20) days of the date of the Notice letter. Respondent has failed and refused to fie Statements of Financial Interests for calendar years 2013 and 2014 so as to comply with the specific requirements of the Ethics Act. 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 nterests remains delinquent or deficient, for a maximum civil penalty of $250.00 per violation. Because Respondent has committed two violations alleged herein, Respondent is subject to total maximum civil penalty liability of $500.00. There are no mitigating circumstances and Respondent should be assessed the maximum civil penalty of $500.00, in that the twenty -day deadline set forth in the said final Notice letter to Respondent has expired and the Respondent has not complied. DISCUSSION: As a Council Member for Kittanning Borough, David J. Croyle ( "Croyle ") 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. § 110'1 et seq. Pursuant to Section 1104(a) of the Ethics Act, Croyle was specifically required to file Statements of Financial Interests for calendar years 2013 and 2014 with Kittanning Borough on or before 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 receding calendar year with the department, agency, body or bureau in Uich 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 Croyle, 16 -052 -P Page 3 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 Croyle 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 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 $250. 65 Pa.C.S. § 1109(f). An application of Section 1109(f) to this case establishes that this Commission has the discretion to levy a maximum civil penalty against Croyle for each delinquent Statement of Financial Interests for calendar years 2013 and 2014. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Croyle did not remedy the failure to comply with the Ethics Act although given more than the usual grace period following Notice in which to do so. The Investigative Division then instituted formal proceedings against Croyle by filing with the State Ethics Commission and serving upon Croyle a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, ordering Croyle to show cause why civil penalties should not be levied against him. Croyle did not file an answer to the Order to Show Cause. There is nothing of record that would constitute a defense or excuse for Croyle's failure to comply with the Ethics Act. Croyle has failed to show cause why civil penalties should not be levied against him in this matter. We find that Croyle, as a Council Member for Kittanning Borough, failed to comply with Section 1104(x) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file Statements of Financial Interests for calendar years 2013 and 2014 with Kittanning Borough. We hereby ley two maximum civil penalties against Croyle, each at the rate of Twenty -Five Dollars ($y25.0%14 per day, for each day his Statements of Financial Interests for calendar years 2013 and 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 Croyle totals Five Hundred Dollars ($500.00). Croyle shall be ordered to make payment of the above civil penalties in the total amount of $500.00 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. Croyle, 16 -052 -P Page 4 Croyle shall be ordered to file complete and accurate Statements of Financial Interests for calendar years 2013 and 2014 with Kittanning Borough by no later than the thirtieth (30 ) 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. III. CONCLUSIONS OF LAW: 1. David J. Croyle ( "Croyle "), 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 seg. 2. Croyle, 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 fife Statements of Financial Interests for calendar years 2013 and 2014 with Kittanning Borough. 3. Notice of the delinquency of Croyle's Statements of Financial Interests for calendar years 2013 and 2014 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, the imposition of two maximum civil penalties in the total amount of $500.00 is warranted. In Re: David J. Croyle, File Docket: 16 -052 -P Respondent Date Decided: 10/20/16 Date Mailed: 1113116 ORDER NO. 515 -S David J. Croyle ( "Croyle "), as a Council Member for Kittanning Borough, failed to comply with Section 1104(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 2013 and 2014 with Kittanning Borough. This Commission hereby levies two maximum civil penalties against Croyle, each at the rate of Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial Interests for calendar years 2013 and 2014 have remained delinquent, for total civil penalty liability of Five Hundred Dollars ($500.00). Croyle is ordered to payy said civil penalties in the total amount of $500.00 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. Croyle is ordered to file complete and accurate Statements of Financial Interests for calendar years 2013 and 2014 with Kittanning Borough by no later than the thirtieth i30 ) day after the mailing date of this Order, with a copy of each such filing orwarded 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. a I WIN IT,