HomeMy WebLinkAbout554-S Chris Lander{ ' R;•,.
STATE. ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Chris Lander, File Docket: 17-040 -P
Respondent X -ref: Order No. 554 -S
Date Decided: 9/28117
Date Mailed: 10/17/17
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Marla 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 an Emergency
Management Coordinator with Smith Township, Washington County, and as such,
Respondent has at all times relevant to these proceedings been a "public
official /public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C.S. §
1102.
3. Respondent as a public official /public employee 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 2044 and 2015, which Statements of Financial Interests were to be filed by
May 1, 2015, and May 1, 2016, 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 December 12, 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
2014 and 2015 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
2014 and 2015 so as to comply with the specific requirements of the Ethics Act.
6. By Notice letter dated February 2, 2017, Respondent was served with Notice in
P.O. PDX 1 1470, HARRISBURG, PA 17 108-1470 e 7 17-783-16 10 • 1 -800- 932 -0936 • www.ethics.state.pa.us
Lander, 17 -040 -P
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accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice fetter 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
2014 and 2015 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
2014 and 2015 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).
8. 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 Interests 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 an Emergency Management Coordinator for Smith Township, Washington
County, Chris Lander ( "Lander ") was at all times relevant to these proceedings a "public
official /public employee" 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, Lander was specifically repaired to
file Statements of Financial Interests for calendar years 2014 and 2015 with Smith
Township on or before 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
Lander, 17 -040 -P
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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 Lander as an Emergency Management
Coordinator for Smith Township 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 Lander for each delinquent
Statement of Financial Interests for calendar years 2014 and 2015.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Lander 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 Lander by filing with the State Ethics
Commission and serving upon Lander a Peition for Civil Penalties. The Commission Chair
issued an Order to Show Cause, ordering Lander to show cause why a civil penalty should
not be levied against him. Lander did not file an answer to the Order to Show Cause.
There is nothing of record that would constitute a defense or excuse for Lander's failure to
comply with the Ethics Act. Lander has failed to show cause why civil penalties should not
be levied against him in this matter.
We find that Lander, as an Emergency Management Coordinator for Smith
Township, 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 2014 and 2015
with Smith Township.
We hereby levy two maximum civil penalties against Lander, each at the rate of
Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial Interests for
calendar years 2014 and 2015 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 Lander totals Five Hundred Dollars ($500.00).
Lander, 17 -040 -P
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Lander shall be ordered to make payment of the above civil penalties in the total
amount of $500.00 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.
Lander shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 2014 and 2015 with Smith Township 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.
III. CONCLUSIONS OF LAW:
1. Chris Lander ( "Lander "), as an Emergency Management Coordinator for Smith
Township, Washington County, was at all times relevant to these proceedings a
"public official /public employee" subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. Lander, as an Emergency Management Coordinator for Smith Township, 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 2014 and 2015 with
Smith Township.
3. Notice of the delinquency of Lander's Statements of Financial Interests for calendar
years 2014 and 2015 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: Chris Lander, File Docket: 17 -040 -P
Respondent Date Decided: 9128117
Date Mailed: 10/17/17
ORDER NO. 554 -S
Chris Lander ( "Lander "), as an Emergency Management Coordinator for Smith
Township, Washington County, 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 2014 and 2015 with
Smith Township.
This Commission hereby levies two maximum civil penalties against Lander, each at
the rate of Twenty -Five Dollars ($25.00) per day, for each day his Statements of
Financial Interests for calendar years 2014 and 2015 have remained delinquent, for
total civil penalty liability of Five Hundred Dollars ($500.00). Lander is ordered to
V said civil penalties in the total amount of $500.00 by no later than the thirtieth
'h) day after the mailing date of this Order, by forwarding a check to the State
hics Commission made payable to the Commonwealth of Pennsylvania, for
deposit in the State Treasury.
3. Lander is ordered to file complete and accurate Statements of Financial Interests for
calendar years 2014 and 2015 with Smith Township 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.
Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
j t4A
Ni6holas A. Colafella, air