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STATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Justin Cratt , File Docket: 16 -057 -P
Respondent : X-ref: Order No. 523 -S
Date Decided: 3/29117
Date Mailed: 4112117
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
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. 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 Member of the
Aggregate Pension Trust [Fund] Board of Trustees for the City of Arnold, 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, 2013, May 1, 2014, and May 1, 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 March 28, 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
b 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.
P.O. BOX 11470, HARRISBURG, PA 17108-1470 e 717- 783 -1610 • 1- 800 - 932 -0936 o www.ethics.state.pa.us
Crafty, 16 -057 -P
Page 2
By Notice letter dated July 12, 2016, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the s .pecific 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 callendaryears
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.
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. § 1109if), 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 three violations alleged herein, Respondent is
subject to total maximum civil penalty liability of $750.00.
9. 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.
II. DISCUSSION:
As a Member of the Ag regate Pension Trust Fund Board of Trustees for the City of
Arnold, Justin Cratty ( "Cratty� 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.
Pursuant to Section 1104(a) of the Ethics Act, Cratty was specifically required to file
Statements of Financial Interests for calendar years 2012, 2013, and 2014 with the
Aggregate Pension Trust Fund Board of Trustees for the City of Arnold 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
C�rattt 16 -057 -P
Page 3
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 Cratty as a Member of the Ag regate
Pension Trust Fund Board of Trustees for the City of Arnold 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 $250.
65 Pa.C.S. § 1109(f).
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Cratty for each delinquent Statement
of Financial Interests for calendar years 2012, 2013, and 2014.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Cratty did not remedy the failure to comply with the Ethics Act although given
more than the usual grace period following Notice in which to do so. The Investigative
Division then instituted formal proceedings against Cratty by filing with the State Ethics
Commission and serving upon Cratty a Petition for Civil Penalties. The Commission Chair
issued an Order to Show Cause, ordering Cratty to show cause why a civil penalty should
not be levied against him. Cratty did not file an answer to the Order to Show Cause.
There is nothing of record that would constitute a defense or excuse for Cratty's failure to
comply with the Ethics Act. Cratty has failed to show cause why civil penalties should not
be levied against him in this matter.
We find that Cratty, as a Member of the Aggregate Pension Trust Fund Board of
Trustees for the City of Arnold, failed to comply with Section 1104(a) of the Ethics Act, 65
Pa.C.S. § 1104(a), when he failed to file Statements of Financial) Interests for calendar
tears 2012, 2013, and 2014 with the Aggregate Pension Trust Fund Board of Trustees for
he City of Arnold.
We hereby levy hree maximum civil penalties against Cratty, each at the rate of
Twenty -Five Dollars ($Y25.00) per day, for each day his Statements of Financial Interests for
Cratty, 16 -057 -P
Page 4
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 Crafty totals Seven Hundred and Fifty Dollars
($750.00).
Cratty hall be ordered to make payment of the above civil penalties in the total
amount of $Y750.00 by no later than the thirtieth (30th) 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.
Cratty shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 2012, 2013, and 2014 with the Aggregate Pension Trust Fund
Board of Trustees for the City of Arnold by no later than the thirtieth (30th) 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:
1. Justin Cratty ( "Cratty "), as a Member of the Aggregate Pension Trust Fund Board of
Trustees for the City of Arnold, 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. Cratty, as a Member of the Ag reggate Pension Trust Fund Board of Trustees for the
City of Arnold, 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 the Aggregate Pension Trust Fund Board of Trustees for
the City of Arnold.
3. Notice of the delinquency of Cratty's Statements of Financial Interests for calendar
years 2012, 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 three
maximum civil penalties to the total amount of $750.00 is warranted.
In Re: Justin Cratty, File Docket: 16 -057 -P
Respondent Date Decided: 3129117
Date Mailed: 4112117
ORDER NO. 523 -S
Justin Cratty ( "Cratty "), as a Member of the Aggregate Pension Trust Fund Board of
Trustees for the City of Arnold, 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 2012, 2013, and
2014 with the Aggregate Pension Trust Fund Board of Trustees for the City of
Arnold.
2. This Commission hereby levies three maximum civil penalties against Cratty, each
at the rate of Twenty -Five Dollars ($25.00) per day, for each day his 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). Cratty is ordered to pay said civil penalties in the total amount of
750.00 by no later than the thirtieth (30th) 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. Cratty is ordered to file complete and accurate Statements of Financial Interests for
calendar years 2012, 2013, and 2014 with the Aggregate Pension Trust Fund Board
of Trustees for the City of Arnold by no later than the thirtieth (30th) 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.
4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nicholas A. Colafella, C-Fair