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HomeMy WebLinkAbout582-S HarrisonPHONE: 717 -783 -1610 TOLE. FREE: 1- 800- 932 -0936 In Re: Chester Harrison, 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.g_a.gov 17 -057 -P Order No. 582 -S 4111118 4112118 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Monique Myatt Galloway Michael A. Schwartz Shelley Y. Simms 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 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. An Answer was filed and a hearing was held. The record is complete. 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 Constable/Deputy 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 failed to file a Statement of Financial Interests for calendar year 2016 by May 1 of 2017. 5. Leticia Powell ( "Ms. Powell ") is employed as the Director of Administration for the State Ethics Commission. a. Ms. Powell manages the process by which the State Ethics Commission annually distributes blank Statement of Financial Interests forms for filing by public officials and public employees. b. On December 26, 2016, a blank Statement of Financial Interests form and filing instructions were mailed to Respondent. C. Respondent did not file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission by May 1, 2017. Harrison, 17 -057 -P Page d. The State Ethics Commission issued a Notice letter dated June 5, 2017, to Respondent, notifying him of his failure to file a Statement of Financial Interests for calendar year 2016. (ID -1). e. The State Ethics Commission issued a Final Notice letter dated July 20, 2017, to Respondent, notifying him of his failure to file a Statement of Financial Interests for calendar year 2016. (ID -2). 6. Jessica Wenger ( "Ms. Wenger ") is employed with the State Ethics Commission in an administrative capacity. a. Ms. Wenger processed and mailed the July 20, 2017, Final Notice letter that was issued to Respondent by the State Ethics Commission. 1. The July 20, 2017, Final Notice letter was forwarded to Respondent by certified mail. 2. The Domestic Return Receipt bore the signature of Respondent. (ID- 3). 7. ID -1 consists of the Notice of Intent to Commence Civil Penalty Proceedings c"Notice letter ") dated June 5, 2017, from the Executive Director of the State Ethics ommission to Respondent, which notified Respondent of his failure to file a Statement of Financial Interests for calendar year 2016 and provided Respondent an opportunity to avoid the institution of civil penalty proceedings by filing a complete and accurate Statement of Financial Interests for calendar year 2016 within twenty (20) days of the date of the Notice letter. Respondent did not file a Statement of Financial Interests for calendar 2016 within the 20 -day grace period provided by the June 5, 2017, Notice letter. 8. ID -2 consists of the Final Notice letter dated July 20, 2017, from the Executive Director of the State Ethics Commission to Respondent, which notified Respondent of his failure to file a Statement of Financial Interests for calendar year 2016 and provided Respondent an opportunity to avoid the institution of civil penalty proceedings by filing a complete and accurate Statement of Financial Interests for calendar year 2016 within twenty (20) days of the date of the Final Notice letter. Respondent did not file a Statement of Financial Interests for calendar 2016 within the 20 -day grace period provided by the July 20, 2017, Notice letter. 9. On September 6, 2017, the Investigative Division filed with the State Ethics Commission a Petition for Civil Penalties against Respondent, alleging that Respondent failed to file a Statement of Financial Interests for calendar year 2016, which Statement of Financial Interests was to be filed by May 1 of 2017. 10. On September 26, 2017, the Chair of the State Ethics Commission issued an Order to Show Cause, ordering Respondent to show cause why a civil penalty should not be levied against him. 11. On October 18, 2017, Respondent filed an Answer to the Order to Show Cause. 12. ID -5 consists of the Answer to the Order to Show Cause filed by Respondent on October 18, 2017. a. In his Answer to the Order to Show Cause, Respondent stated that "I Chester A. Harrison am asking for a hearing and the reason for a hearing is because I never forget to send my State Ethics form in. So I think it's a misunderstanding because it was mailed in, and therefore I am asking for Harrison, 17 -057 -P a� leniency!" (Answer to Order to Show Cause). 13. Respondent testified that he mailed his Statement of Financial Interests for calendar year 2016 to the State Ethics Commission during the month of May 2017. 14. Respondent testified that he "might have skimmed over" the Notice and Final Notice letters sent to him by the State Ethics Commission and that he did not mail another Statement of Financial Interests for calendar year 2016 to the State Ethics Commission until he filed his Answer to the Order to Show Cause that was issued to him on September 26, 2017. 15. On October 18, 2017, Respondent filed a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. (Answer to Order to Show Cause, attachment; Exhibit ID -4). 16. 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). 17. For each violation the State Ethics 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 could be subject to total maximum civil penalty liability of $250.00. 18. The Investigative Division asserts that there are no mitigating circumstances in this case and that 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 expired without Respondent complying. fl. DISCUSSION: As a Constable /Deputy Constable, Chester Harrison "Harrison ") 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, Harrison was specifically required 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 Harrison, 17057 -P a4— (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 pposition. Any other public employee or public official shall file a statement o�Ffinancial 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 Harrison as a Constable /Deputy 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). Procedurally, in accordance with Section 1107(5) of the Ethics Act, the Investigative Division of the State Ethics Commission sent a Notice of Intent to Commence Civil Penalty Proceedings ( "Notice letter") June 5, 2017, to Harrison, stating that Harrison had failed to file a Statement of Financial Interests for calendar year 2016. The Notice letter provided Harrison an opportunity to avoid the institution of civil penalty proceedings by filing an accurate and complete Statement of Financial Interests for calendar year 2016 with the State Ethics Commission within twenty (20) days of the date of the Notice letter. Harrison did not file a Statement of Financial Interests within such 20 -day grace period. A Final Notice letter dated July 20, 2017, containing the same substantive information as the first Notice letter, and providing another 20 -day grace period for filing the delinquent Statement of Financial Interests, was sent to Harrison. Once again, Harrison did not file a Statement of Financial Interests within the 20 -day grace period. The Investigative Division then instituted formal proceedings against Harrison by filing with the State Ethics Commission and serving upon Harrison a Petition for Civil Penalties. On September 26, 2017, the Commission Chair issued an Order to Show Cause, ordering Harrison to show cause why a civil penalty should not be levied against him. Harrison, 17 -057 -P a�5� On October 18, 2017, Harrison filed a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. Harrison additionally filed an Answer to the Order to Show Cause, asserting that: (1) he never forgets to send his Statement of Financial Interests to the State Ethics Commission; and (2) his Statement of Financial Interests for 2016 had been mailed to the State Ethics Commission. Harrison asserted that there must be a misunderstanding, and he requested a hearing. A hearing was held in this matter on November 29, 2017. Harrison testified that he mailed his Statement of Financial Interests for calendar year 2016 to the State Ethics Commission during the month of May 2017: Harrison further testified that he "might have skimmed over" the Notice and Final Notice letters sent to him by the State Ethics Commission and that he did not mail another Statement of Financial Interests for calendar year 2016 to the State Ethics Commission until he filed his Answer to the Order to Show Cause. The Investigative Division has filed a Brief and Closing Statement arguing that Harrison should be assessed a civil penalty in the amount of $250.00 for failing to timely file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. Pursuant to Section 1109(f) of the Ethics Act, this Commission may levy a maximum civil penalty against Harrison for the delinquent Statement of Financial Interests for calendar year 2016. Although we may consider mitigating factors when exercising our discretion to levy civil penalty(ies), see, State Ethics Commission Resolution No. 91 -002, there is no evidence of record estabing mitigating circumstances in this case. T ere is nothing of record that would constitute a defense or excuse for Harrison's failure to comply with t Act. We find that Harrison, as a Constable /Deputy Constable, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to timely file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. We hereby levy one maximum civil penalty against Harrison at the rate of Twenty - Five Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar year 2016 remained delinquent. Given the number of days during which the Statement of Financial Interests remained delinquent, the resultant amount to be levied against Harrison is Two - Hundred and Fifty Dollars ($250.00). Harrison 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 of Pennsylvania, for deposit in the State Treasury. III. CONCLUSIONS OF LAW: 1. Chester Harrison ( "Harrison "), as a Constable/Deputy 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 seq. 2. Harrison, as a Constable /Deputy Constable, failed to comply with Section 1104(a ) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to timely file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. 3. Notice of the delinquency of Harrison's Statement of Financial Interests for calendar year 2016 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, a civil penalty in the total amount of $250.00 is warranted. In Re: Chester Harrison, File Docket: 17 -057 -P Respondent Date Decided: 4111118 Date Mailed: 4112/18 ORDER NO. 582 -S 1. Chester Harrison "I} arrison "), as a Constable/Deputy Costable, failed to comply with Section 11 04(a of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), when he tailed to timely file a Statement of Financial Interests for calendar year 2016 with the State Ethics Commission. This Commission hereby levies one maximum civil penalty against Harrison at the rate of Twenty -Five Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar year 2016 remained delinquent, for a total civil penalty of Two - Hundred and Fifty Dollars ($250.00). Harrison is ordered to pay said civil penalty in the total amount of $250.00 by no later than the thirtieth (30 ") 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. Failure to comply with Paragraph 2 of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, Nidholas A. Colafella,