HomeMy WebLinkAbout536-S Micola' 4,,..
STATE ETHICS COMMISSION
0. FINANCE
HARRISBURG, PENNSYLVANIA 17120
In Re: Maria Micola, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
17 -011 -P
Order No. 536 -S
618117
6129117
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 Maria Micola ( "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 an Income
Maintenance Caseworker with the Pennsylvania Department of Human Services,
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 ublic 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 2015, which [Statement of Financial Interests was to be filed] by May 1, 2016.
Resppondent has therefore violated Sections 1104 and 1105 of the Ethics Act, 65
Pa.C.S. §§ 1104, 1105.
5. By Notice Letter dated September 26, 2016, Respondent was served with Notice in
accordance with Section 1 107 (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 roceedings
by filing an accurate and complete Statement of Financial Interests for calendar
year 2015 within twenty (20) days of the date of the Notice Letter. Respondent
failed and/or otherwise refused to file a Statement of Financial Interests for calendar
year 2015 so as to comply with the specific requirements of the Ethics Act.
P.O. BOX 1 1470, HARRISBURG, PA 17108 -1470 a 7 17-783-16 10 ® 1 -800- 932 -0936 e www.ethics,state.pa.us
Micola, 17 -011 -P
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By Notice Letter dated January 11, 2017, 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 n accurate and complete Statement of Financial Interests for calendar year
201b so as to comply with the specific requirements of the Ethics Act.
7. Respondent failed to file her Statement of Financial Interests for calendar year 2015
with the State Ethics Commission by the deadlines imposed in the Notice Letters.
On March 7, 2017, Respondent filed her Statement of Financial Interests for
calendar year 2015 with the State Ethics Commission.
II. DISCUSSION:
As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services, Maria Micola ( "Micola ") was at all times relevant to these proceedings a "public
employyee" subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics
Act'), Pa. C.S. § 1101 et seg.
Pursuant to Section 1104(a) of the Ethics Act, Micola was specifically required to file
a Statement of Financial Interests for calendar year 2015 with the Pennsylvania
Department of Human Services on or before May 1, 2016. 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 Micola as an Income Maintenance
Caseworker 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
Mob, 17 -011 -P
a�
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 Micola for the delinquent Statement
of Financial Interests for calendar year 2015.
The prerequisite service of a Notice letter in accordance with Section 1'107(5) was
satisfied. Micola 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 Micola by filing
with this Commission and serving upon her a Petition for Civil Penalties. The Commission
Chair issued an Order to Show Cause, ordering Micola 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
Micola failed to timely file her Statement of Financial Interests for the 2015 calendar year in
compliance with Section 1104V50,00 of the Ethics Act; and (2) Micola making payment of a civil
penalty in the amount of 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 Micola, as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, failed to timely file her Statement of
Financial Interests for the 2015 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
Micola in the total amount of $150.00 for Micola's delinquent Statement of Financial
Interests for calendar year 2015.
Micola shall be ordered to make payment of the aforesaid civil penalty in the total
amount of $150.00 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
$150.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State
Treasury.
We take administrative notice that Micola has submitted a check for the aforesaid
payment.
111. CONCLUSIONS OF LAW.
1. As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services, Maria Micola ( "Micola ") was at all times relevant to these proceedings a
"public employee" subject to the provisions of the Public Official and Employee
Micola, 17 -011 -P
Page 4
Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Micola, as an Income Maintenance Caseworker for the Pennsylvania Department of
Human Services, failed to timely file her Statement of Financial Interests for the
2015 calendar year in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S.
§ 1104(a).
3. Notice of the delinquency of Micola's Statement of Financial Interests for calendar
tear 2015 was previously served upon her in accordance with Section 1107(5) of
he 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 $150.00 is warranted.
In Re: Maria Micola, File Docket: 17 -011 -P
Respondent Date Decided: 618117
Date Mailed: 6129117
ORDER NO. 536 -S
1. Maria Micola ( "Micola "), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, failed to timely file her Statement of
Financial Interests for the 2015 calendar year in compliance with Section 1104(a) of
the Public Official and Employee Ethics Act, 65 Pa.�.S. § 1104(a).
2. Per the Consent Agreement of the parties, we hereby levy one civil penalty against
Micola in the total amount of $150.00 for Mico a's delinquent Statement of
Financial Interests for calendar year 2015.
3. Micola is ordered to make payment of the aforesaid civil penalty in the total amount
of $150.00 by no later than the thirtieth (30th) day after the mailing date of this
Order, by forwarding to this Commission a check in the amount of $150.00 made
payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
a. We take administrative notice that Micola has submitted a check for the
aforesaid payment.
4. Failure to comply with Paragraph 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nic o as o a e a, air