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HomeMy WebLinkAbout522-S Geaganh STATE ETHICS COMMISSION 309 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Robert Geagan, File Docket: Respondent X -ref: Date Decided Date Mailed: 16 -065 -P Order No. 522 -S 3129117 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. 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 Robert Geagan ( "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 Constable/Deputy Constable, 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 failed to timely provide full financial disclosure as required by the Ethics Act. Respondent failed to timely file Statements of Financial Interests for calendar years 2013, 2014, and 2015, which [Statements of Financial Interests were to be filed] by May 1, 2014, May 1, 2015, and May 1, 2016, respectively. Respondent has therefore violated Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. 5. By Notice Letter dated July 18, 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 2 13, 2014, and 2015 within twenty (20) days of the date of the Notice Letter. Respondent has failed and /or otherwise refused to file Statements of Financial P.O. BOX 1 1470, HARRISBURG, PA 17108-1470 • 717-783-1610 . 1- 800 - 932 -0936 • www.ethics.state.pa.us Geacian, 16 -065 -P Pa—g-6-2- Interests for calendar ears 2013, 2014, and 2015 so as to comply with the specific requirements of the Ethics Act. By Notice Letter dated September 19, 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 civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar years 2013, 2014, and 2015 so as to comply with the specific requirements of the Ethics Act. Respondent failed to file his Statements of Financial Interests for calendar years 2013, 2014, and 2015 by the deadlines imposed in the Notice Letters. II. DISCUSSION: As a Constable/Deputy Constable, Robert Geagan ( "Geagan ") 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. Pursuant to Section 1104(a) of the Ethics Act, Geagan was specifically required to file Statements of Financial Interests for calendar years 2013, 2014, and 2015 with the Pennsylvania State Ethics Commission on or before May 1, 2014, May 1, 2015, and May 1, 2016, 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 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- 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 Geagan as a Constable/Deputy Constable 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 Gera an, 16-065-P aP ge 3 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 Geagan for each delinquent Statement of Financial Interests for calendar years 2013, 2014, and 2015. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Geagan 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 Geagan by filing with this Commission and serving upon him a Petition for Civil Penalties. The Commission Chair issued an Order to Slow Cause, ordering Geagan to show cause why civil penalties should not be levied against him. 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 Geagan failed to timely file his Statements of Financial Intterests for the 2013, 2014, and 2015 calendar years in compliance with Section 1104(a) of the Ethics Act; and (2) Geagan making payment of civil penalties totaling $300.00 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 for this 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 Geagan, as a ConstablelDeputy Constable, failed to timely file his Statements of Financial Interests for the 2013, 2014, and 2015 calendar years in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). We take administrative notice that Geagan has made payment of the agreed upon civil penalties totaling $300.00 through this Commission to the Commonwealth of Pennsylvania, as per the Consent Agreement of the parties, and has filed his Statements of Financial Interests for calendar years 2013, 2014, and 2015 with this Commission. In that Geagan has made payment of the agreed upon civil penalties totaling $300.00 in accordance with the Consent Agreement of the parties, and has now filed Statements of Financial Interests for calendar years 2013, 2014, and 2015, no further action is required in this case and this case is closed. Ill. CONCLUSIONS OF LAW: 1. As a Constable/Deputy Constable, Robert Geagan ( "Geagan ") was at all times relevant to these proceedings a "public official" subject to the pprovisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et se . 2. Geagan, as a Constable/Deputy Constable, failed to timely file his Statements of Financial Interests for the 2013, 2014, and 2015 calendar years in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). Geagan, 16 -065-P Page 4 Notice of the delinquency of Gea an's Statements of Financial Interests for calendar years 2013, 2014, and 2015 was previously served upon him in accordance with Section 1107(5) of the Ethics Act, 65 Pa. C.S. § 1107(5). Based upon the totality of the circumstances in this case, civil penalties totaling $300.00 are warranted. In Re: Robert Geagan, File Docket: 16 -065 -P Respondent Date Decided: 3129117 Date Mailed: 4112117 ORDER NO, 522 -S Robert Geagan ( "Geagan "), as a Constable /Deputy Constable, failed to timely file his Statements of Financial Interests for the 2013, 2014, and 2015 calendar years in compliance with Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a). 2. In that Geagan has paid civil penalties totaling $300.00 through this Commission to the Commonwealth of Pennsylvania as per the Consent Agreement of the parties, and has now filed Statements of Financial Interests for calendar years 2013, 2014, and 2015, no further action is required in this case and this case is closed. BY THE COMMISSION, A " Nidbolas A. • .