HomeMy WebLinkAbout543-S Hubbard4
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STATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: John Hubbard, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
17 -031 -P
Order No. 543 -S
9128117
10/13/17
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. § 1 101 et se g.
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 John Hubbard ( "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, and
as such, Respondent has at all times relevant to these proceedin s 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 bythe Ethics
Act. Respondent failed to time/ 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 1 105 of the Ethics Act, 65
Pa.C.S. §§ 1104, 1105.
5. By Notice Letter dated August 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 transgression. Said Notice Letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
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 has
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.
6. By Notice Letter dated November 18, 2016, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
P.O. BOX 1 1470, HARRISBURG, PA 17108-1470 ® 717-783-1610 • 1-800-932-0936 ® www.ethics.state.pa.us
Hubbard, 17 -031 -P
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Respondent concerning the above transgression. Said Notice Letter provided
Respondent an opportunity to avoid the institution of civil penalty proceedings by
filing an accurate and complete Statement of Financial Interests for calendar year
2015 so as to comply with the specific requirements of the Ethics Act.
Respondent failed to file his Statement of Financial Interests for calendar year 2015
with the State Ethics Commission by the deadlines imposed in the Notice Letters.
II. DISCUSSION:
As a Constable, John Hubbard ( "Hubbard ") 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, Hubbard was specifically required to
file a Statement of Financial Interests for calendar year 2015 with the State Ethics
Commission 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 Hubbard as a 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
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).
Hubbard, 17 -031 -P
age 3
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Hubbard for the delinquent
Statement of Financial Interests for calendar year 2015.
The rerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Hubbard 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 Hubbard by
filing with this Commission and serving upon him a Petition for Civil Penalties. The
Commission Chair issued an Order to Show Cause, ordering Hubbard to show cause why
a civil penalty 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
Hubbard failed to timely file a Statement of Financial Interests forthe 2015 calendaryear in
compliance with Section 1104(a) of the Ethics Act; (2) Hubbard making payment of a civil
penalty in the amount of $250.00 in settlement of this matter, payable to the
Commonwealth of Pennsylvania and forwarded to this Commission within thirty days of the
issuance of the final adjudication in this matter; and (3) Hubbard filing a complete and
accurate Statement of Financial Interests for calendar year 2015 within thirty days of the
issuance of the final adjudication in this matter.
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 herebyy find that Hubbard, as a Constable, failed to timely file a 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
Hubbard in the total amount of $250.00 for Hubbard's delinquent Statement of Financial
Interests for calendar year 2015.
To the extent he has not already done so, Hubbard shall be ordered to make
payment of the aforesaid civil penalty in the total amount of $250.00 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 $250.00 made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
To the extent he has not already done so, Hubbard shall be ordered to file a
complete and accurate Statement of Financial Interests for calendar year 2015 with this
Commission by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order.
Ill. CONCLUSIONS OF LAW:
As a Constable, John Hubbard ( "Hubbard ") 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. Hubbard, as a Constable, failed to timely file a Statement of Financial Interests for
the 2015 calendar year in compliance with Section 1104(x) of the Ethics Act, 65
Pa.C.S. § 1104(a).
3. Notice of the delinquency of Hubbard's Statement of Financial Interests for calendar
year 2015 was previouslyy served upon him in accordance with Section 1107(5) of
the Ethics Act, 65 Pa.C.S. § 1107(5).
Hubbard, 17 -031 -P
age 4
4. Based upon the totality of the circumstances in this case, a civil penalty in the total
amount of $250.00 is warranted.
In Re: John Hubbard, Fife Docket: 17 -031 -P
Respondent Date Decided: 9128117
Date Mailed: 10/13/17
ORDER NO, 543 -S
1. John Hubbard ( "Hubbard "), as a Constable, failed to timely file a Statement of
Financial Interests far the 2015 calendar year in compliance with Section 1104(a) of
the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1104(a).
2. Per the Consent Agreement of the parties, we hereby levy one civil penalty against
Hubbard in the total amount of $250.00 for Hubbard's delinquent Statement of
Financial Interests for calendar year 2015.
3. To the extent he has not already done so, Hubbard is ordered to make payment of
the aforesaid civil penalty in the total amount of $250.00 by no later than the thirtieth
(301h) day after the mailing date of this Order, by forwarding to this Commission a
check in the amount of $250.00 made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
4. To the extent he has not already done so, Hubbard is ordered to file a complete and
accurate Statement of Financial Interests for calendar year 2015 with this
Commission by no later than the thirtieth (30tl) day after the mailing date of this
Order.
5. Failure to comply with Paragraph 3 or 4 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
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Nicholas Colafella, Chair
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