Loading...
HomeMy WebLinkAbout566-S LupherPHONE: 717- 783 -1610 TOLL FREE: 1- 800 -532 -0936 In Re: Charles Lupher, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120 -0400 File Docket: X -ref: Date Decided Date Mailed: FACSIMILE: 717- 787 -0806 WEBSITE: www.ethics.pa.gov 17- 059- -P Order No. 566 -S 11/28/17 1211117 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Maria Feeley Melanie DePalma Monique Myatt Galloway Michael A. Schwartz 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 byfiling 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. 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 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 has failed to provide full financial disclosure as required b the Ethics Act. Respondent has failed to file a Statement of Financial Interests for calendar year 2016, which Statement of Financial Interests was to be filed b May 1 of 2017, and Respondent has therefore transgressed Sections 1104 and 1 105 of the Ethics Act, 65 Pa. C. S. §§ 1104, 1105. 5. By Notice letter dated June 19, 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 these civil penalty proceedings by filing an accurate and complete Statement of Financial Interests for calendar year 2016 within twenty (20 days of the date of the Notice letter. Respondent has failed and refused to file a Statement of Financial Interests for calendar year 2016 so as to comply with the specific requirements of the Ethics Act. 6. By Notice letter dated July 24, 2017, Respondent was served with Notice in Lupher, 17 -059 -P Page 2 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 2016 within twenty (20 days of the date of the Notice letter. Respondent has failed and refused to file a Statement of Financial Interests for calendar year 2016 so as to comply with the specific requirements of the Ethics Act. 7. Section 1109(f) of the Ethics Act provides: § 1109. Penalties (f) Civil penalty. - -ln 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 1 107(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. II, DISCUSSION: As a Constable, Charles Lupher ( "Lupher ") 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 seg. Pursuant to Section 1104(a) of the Ethics Act, Lupher was specifically equired to file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission on or before May 1, 2017. Section 1104(a) provides: §1104. Statement of financial interests required to be filed (a) Public official or public Commonwealth shall file a statemen. calendar year with the commission n holds such a position and of the yeas public employee and public off iciE statement of financial interests for department, agency, body or bureau employee.--Each public official of the of financial interests for the preceding later than May 1 of each year that he after he leaves such a position. Each I of the Commonwealth shall file a the preceding calendar year with the in which he is employed or to which he Lupher, 17 -059 -P Page 3 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 Lupher 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). An application of Section 1109(f) to this case establishes that this Commission has the discretion to levy a maximum civil penalty against Lupher for the delinquent Statement of Financial Interests for calendar year 2016. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Lupher 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 proceedin s against Lupher by filing with the State Ethics Commission and serving upon Lupher a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, ordering Lupher to show cause why a civil penalty should not be levied against him. Lupher did not file an answer to the Order to Show Cause. There is nothing of record that would constitute a defense or excuse for Lupher's failure to comply with the Ethics Act. Lupher has failed to show cause why a civil penalty should not be levied against him in this matter. We find that Lupher, as a Constable, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file a Statement of Financial Interests for calendar year 2016 with this Commission. We hereby levy one maximum civil penalty against Lupher at the rate of Twenty - Five Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar year 2016 has remained delinquent. Given the number of days during which the Statement of Financial Interests has remained delinquent, the resultant amount to be levied against Lupher is Two Hundred and Fifty Dollars ($250.00). Lupher shall be ordered to make payment of the above civil penalty in the amount of $250.00 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 Lupher, 17 -059 -P Page 4 of Pennsylvania, for deposit in the State Treasury. Lu her shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 2016 with this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Ill. CONCLUSIONS OF LAW: 1. Charles Lupher ( "Lupher "), as a Constable, 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 seg. 2. Lupher, as a Constable, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. 3. Notice of the delinquency of Lupher's Statement of Financial Interests for calendar year 2016 was previouslyy served upon trim 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: Charles Lupher, File Docket: 17 -059 -P Respondent Date Decided: 11/28/17 Date Mailed: 1211117 ORDER NO. 566 -S 1. Charles Lupher ( "Lupher "), as a Constable, failed to comply with Section 1104(a ) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 11 04 a), when he failed to file a Statement of Financial Interests for calendar year 2016 withh the State Ethics Commission. This Commission hereby levies one maximum civil penalty against Lupher at the rate of Twenty -Five Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar year 2016 has remained delinquent, for a total civil penalty of Two Hundred and Fifty Dollars $250.00). Lupher is ordered to pa said civil penalty in the total amount of $250.00 by no later than the thirtieth (3Ot") 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 Treasury. 3. Lupher is ordered to file a comrlete and accurate Statement of Financial Interests for calendar year 2016 with the State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, r A - la, Chair