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STATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Amanda Loutitt, File Docket: 17.049 -P
Respondent X -ref: Order No. 556 -S
Date Decided: 9128117
Date Mailed: 10/17/17
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. § 1101 et sec..
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 Borough
Manager for Heidelberg Borough, Allegheny 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 re uired by the Ethics
Act. Respondent has filed a deficient Statement of Financial Interests for calendar
yeayr 2014, which Statement of Financial Interests was to be filed [in proper form] by
May of 2015,,1 Ethics and Respondent Pa. has therefore transgressed Sections 1104 and
§§
5. By Notice letter dated November 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 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 2014 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file [an accurate and complete] Statement of Financial
Interests for calendar year 2014 so as to comply with the specific requirements of
the Ethics Act.
6. By Notice letter dated February 10, 2017, Respondent was served with Notice in
P.O. BOX 1 1470, HARRISBURG, PA 17108 -1470 ® 717- 783 -1610 • 1 -800- 932 -0436 - www.ethics.state.pa.us
Loutitt, 17- 049 -P
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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 2014 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file an accurate and complete] Statement of Financial
Interests for calendar year 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. § 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 one violation alleged herein, Respondent is
subject to total maximum civil penalty liability of $250.00.
There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $250.00, in that the twenty -day deadline set forth in the
said final Notice letter to Respondent has expired and the Respondent has not
complied.
lL DISCUSSION:
As a Borough Manager for Heidelberg Borough, Allegheny County, Amanda Loutitt
("Loutitt") 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 seg.
Pursuant to Section 1104(a) of the Ethics Act, Loutitt was specifically required to file
an accurate and complete Statement of Financial Interests for calendar year 2014 with
Heidelberg Borough on or before May 1, 2015. 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
Loutitt, 17 -049 -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 Loutitt as a Borough Manager for
Heidelberg Borough 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 Loutitt for the deficient Statement of
Financial Interests for calendar year 2014.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Loutitt 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 Loutitt by filing with the State Ethics
Commission and serving upon Loutitt a Petition for Civil Penalties. The Commission Chair
issued an Order to Show Cause, ordering Loutitt to show cause whyy a civil penalty should
not be levied against her. Loutitt did not file an answer to the Order to Show Cause. There
is nothing of record that would constitute a defense or excuse for Loutitt's failure to comply
with the Ethics Act. Loutitt has failed to show cause why a civil penalty should not be
levied against her in this matter.
We find that Loutitt, as a Borough Manager for Heidelberg Borough, failed to comply
with Sections 1104(a) and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104(a), 1105, when she
filed a deficient Statement of Financial Interests for calendar year 2014 with Heidelberg
Borough.
We hereby lev y maximum civil penalty against Loutitt at the rate of Twenty -Five
Dollars ($25.00) per dy for each day her Statement of Financial Interests for calendar year
2014 has remained deficient. Given the number of days during which the Statement of
Financial Interests has remained deficient, the resultant amount to be levied against Loutitt
is Two Hundred and Fifty Dollars ($250.00).
Loutitt, 17 -049 -P
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Loutitt shall be ordered to make payment of the above civil penalty in the amount of
$250.00 by no later than the thirtieth (30t) 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.
Loutift shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2014 with Heidelberg Borough by no later than the thirtieth (30th)
day after the mailing date of this adjudication and Order, with one copy forwarded to this
Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
1. Amanda Loutitt ( "Loutitt "), as a Borough Manager for Heidelberg Borough,
Allegheny 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. Loutitt, as a Borough Manager for Heidelberg Borough, failed to comply with
Sections 1104(a) and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104(a), 1105, when
she filed a deficient Statement of Financial Interests for calendar year 2014 with
Heidelberg Borough.
3. Notice of the deficiency of Loutitt's Statement of Financial Interests for calendar
year 2014 was ppreviously served upon her 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, a civil penalty in the total
amount of $250.00 is warranted.
In Re: Amanda Loutitt, File Docket: 17 -049 -P
Respondent Date Decided: 9128117
Date Mailed: 10/17/17
ORDER NO. 556 -S
Amanda Loutitt ( "Loutitt "), as a Borough Manager for Heidelberg Borough,
Allegheny County, failed to comply with Sections 1104(a) and 1105 of the Public
Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §� 1104(a), 1105, when
she filed a deficient Statement of Financial Interests for calendar year 2014 with
Heidelberg Borough.
This Commission hereby evies one maximum civil penalty against Loutitt at the rate
of Twenty -Five Dollars (($25.00) per day for each day her Statement of Financial
Interests for calendar year 2014 has remained deficient, for a total civil penalty of
Two Hundred and Fifty Dollars ($250.00 }. Loutitt is ordered to pay said civil penalty
in the total amount of $250.00 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
Treasu ry.
Loutitt is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2014 with Heidelberg Borough by no later than the thirtieth (30th
after the mailing date of this Order, with one copy forwarded to the State
Commission for compliance verification purposes.
Failure to complywith Paragraph 2 or 3 of this Orderwill result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
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