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Home My WebLink About568-S RandeckerPRONE: 717 - 783 -1610 TOLL FREE.: 1- 800 -932 -0936 In Re: Gregory Randecker, Respondent N_ f 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.oa.aov 17- 066-P Order No. 568 -S 11/28/17 1211117 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Marla 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 sect. The Investigative Division initiated these proceedings by filing with the State Ethics Commission and serving upon Respondent 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. N. 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 Member of the Sewer Authority for Bald Eagle Township, Clinton County, 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 has failed to provide full financial disclosure as required by the Ethics Act. Respondent has failed to file Statements of Financial Interests for calendar years 201p3, 2014, and 2015, which Statements of Financial Interests were to be filed by May 1, 2014, May 1, 2015, and May 1, 2016, respectively. Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. 5. By Notice letter dated April 12, 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 transgressions. Said Notice letter 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 2013, 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 2013, 2014, and 2015 so as to comply with the specific requirements Randecker, 17 -066 -P age of the Ethics Act. By Notice letter dated May 12, 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 transgressions. Said Notice letter 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 2013, 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 2013, 2014, and 2015 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. - -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 fads 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 llnterests remains delinquent or deficient, for a maximum civil penalty of $250.00 per violation. Because Respondent has committed three violations alleged herein, Respondent is subject to total maximum civil penalty liability of $750.00. There are no mitigating circumstances and Respondent should be assessed the maximum civil penalty of $750.00, 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 Member of the Sewer Authority for Bald Eagle Township, Clinton County, Gregory Randecker ( "Randecker ") 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. § 11 a1 et seq. Pursuant to Section 1104(a) of the Ethics Act, Randecker was specifically required to file Statements of Financial Interests for calendar years 2013, 2014, and 2015 with the Sewer Authority for Bald Eagle Township on or before May 1, 2014, May 1, 2015, and May 1, 2016, respectively. Section 1104(x) provides: § 1104. Statement of financial interests required to be filed (a) Public official or public employee.- -Each public official of the Randecker, 17 -066 -P ag�_ 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 Randecker as a Member of the Sewer Authority for Bald Eagle 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: § 'I9 09. Penalties (f) Civil penalty. -- In addition to any other civil remedy or criminal Mnprovided 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(9 to this case establishes that this Commission has the discretion to levy a maximum civil penalty against Randecker for each delinquent Statement of Financial Interests for calendar years 2013, 2014, and 2015. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Randecker 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 Randecker by filing with the State Ethics Commission and serving upon Randecker a Petition for Civit Penalties. The Commission Chair issued an Order to Show Cause, ordering Randecker to show cause why civil penalties should not be levied against him. Randecker did not file an answer to the Order to Show Cause. There is nothing of record that would constitute a defense or excuse for Randecker's failure to comply with the Ethics Act. Randecker has failed to show cause why civil penalties should not be levied against him in this matter. We find that Randecker, as a Member of the Sewer Authority for Bald Eagle 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 calendaryears 2013,'2014, and 2015 with the Sewer Authority for Bald Eagle Township. We hereby levy three maximum civil penalties against Randecker, each at the rate Randecker, 17 -066 -P age of Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial Interests for calendar years 2013, 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 Randecker is Seven Hundred and Fifty Dollars ($750.00). Randecker shall be ordered to make payment of the above civil penalties in the total amount of $750.00 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. Randecker shall be ordered to file complete and accurate Statements of Financial Interests for calendar years 2013, 2014, and 2015 with the Sewer Authority for Bald Eagle 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. Gregory Randecker ( "Randecker "), as a Member of the Sewer Authority for Bald Eaggle Township, Clinton County, 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. 2. Randecker, as a Member of the Sewer Authority for Bald Eagle 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 2013, 2014, and 2015 with the Sewer Authority for Bald Eagle Township. 3. Notice of the delinquency of Randecker's Statements of Financial Interests for calendar years 2013, 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 three maximum civil penalties in the total amount of $750.00 is warranted. In Re: Gregory Randecker, File Docket: 17 -066 -P Respondent Date Decided: 11/28/17 Date Mailed: 12/1/17 ORDER NO. 568-s Gregory Randecker ( "Randecker "), as a Member of the Sewer Authority for Bald Eagle Township, Clinton 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 2013, 2014, and 2015 with the Sewer Authority for Bald Eagle Township. This Commission hereby levies three maximum civil penalties against Randecker, each at the rate of Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial Interests for calendar years 2013, 2014, and 2015 have remained delinquent, for total civil penalty liability of Seven Hundred and Fifty Dollars ($750.00). Randecker is ordered to pay said civil penalties in the total amount of $750.00 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 Treasury. Randecker is ordered to file complete and accurate Statements of Financial Interests for calendar years 2013, 2014, and 2015 with the Sewer Authority far Bald Eagle 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, d Nicholas A. Colafella, air