HomeMy WebLinkAbout132-SL Volunteers of America Delaware ValleyPHONE: 717 -783 -1610
TOLL FREE: 1- 800 - 932 -0936
1
r
6.
i 7§7 r } ..
� n�
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
In Re: Volunteers of America Delaware Valley, File Docket:
Respondent X -ref: Order No
Date Decided:
Date Mailed:
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Monique Myatt Galloway
Shelley Y. Simms
FACSIMILE: 717- 787 -0806
WEBSITE: www.ethics.pa.gov
18 -002 -L
132 -SL
4/11/18
4/20/18
This is a final adjudication of the State Ethics Commission as to the alleged
delinquency and /or deficiency of expense report s) required to be filed pursuant to
Pennsylvania's lobbying disclosure law, 65 Pa.C.S. 13A01 et seq., hereinafter referred to
as the "Lobbying Disclosure Law."
The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent Volunteers of America Delaware Valley
(hereinafter also referred to as "Respondent ") a Notice of Alleged Noncompliance. A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the
parties to the Commission for consideration. The Stipulated Findings are set forth as the
Findings in this Order. The Consent Agreement has been approved.
Effective January 1, 2017, the Pennsylvania Department of State ( "Department
of State ") increased the thresholds under 65 Pa.C.S. § 13A06 for registration under
65 Pa.C.S. § 13'04 and the threshold for reporting under 65 Pa.C.S. § 13A05(d }from
$2,500.00 to $3,000.00.
In 2018 the Lobbying Disclosure Law was amended by Act 2 of 2018, which
amendments were not in effect during the time period under review in this matter.
References in this adjudication and Order to provisions of the Lobbying Disclosure
Law and penalties authorized by the Lobbying Disclosure Law are to those thatwere
in effect during the relevant time period.
ALLEGED NONCOMPLIANCE:
That Respondent, in its capacity as a principal registered with the Department of
State pursuant to the Lobbying Disclosure Law (65 Pa.C.S. § 13A04), negligently
failed to timely file a quarter)y expense report pursuant to 65 Pa.C.S. § 13'05 for
the third (3rd) quarter of 2011.
FINDINGS:
Respondent is Volunteers of America Delaware Valley ( "Respondent ") and is a
registered p as that term is defined by the Lobbying Disclosure Law, Act 134
of 2006, 6a.. § 13A01, et seq.
Respondent initially registered as a principal with the Department of State on
August 3, 2009, for the registration period January 1, 2009, through
Volunteers of America Delaware Valle , 18 -002 -L
age
December 31, 2010.
b. Respondent's registration statement indicates that lobbying commenced on
August 3, 2009.
2. Respondent filed a principal registration statement with the Department of State for
the registration period January 1, 2017, through December 31, 2018.
a. By registering with the Department of State, Respondent consented to
receive service of notices, other official mailings, or process at the address
listed on the registration statement.
b. Respondent was assigned the principal registration number "P18121."
C. In filing its principal registration, Respondent identified its registered mailing
address as:
235 White Horse Pike
Collingswood, NJ 08107
d. Respondent has subsequently changed its address to 531 Market Street,
Camden, NJ 08102 and is in the process of updating that information with
the Department of State.
3. The Lobbying Disclosure Law, specifically 65 Pa: C.S. § 13A04, states the following
regarding the registration of an entity as a principal:
§ 13A04. Registration
a, General rule. -- Unless excluded under section 13A06 (relating to exemption
from registration and reporting), a lobbyist, lobbying firm or a principal must
register with the department within ten days of acting in any capacity as a
lobbyist, lobbying firm or principal. Registration shall be biennial an shall
begin January 1, 2007.
b. Principals and lobbying firms. --
A principal or lobbying firm required to register under subsection (a)
shall file a single registration statement setting forth the following
information with the department:
i. Name.
ii. Permanent address.
iii. Daytime telephone number.
iv. E -mail address, if available.
V. Name and nature of business.
vi. Name, registration number and acronym of any affiliated
political action committees.
vii. Name and permanent business address of each individual who
will for economic consideration engage in lobbying on behalf of
the principal or lobbying firm.
viii. Registration number when available.
d. Amendments.--
Volunteers of America Delaware Valley, 18 -002 -L
age
1. If there is a change of information required for the registration
statement under subsection (b)(1) or (2) or (c), an amended
registration statement shall be filed with the department within 14
days after the change occurs.
2. When there is a change in information required for the registration
statement under subsection (b)(3), an amended registration statement
shall be filed with the department within 14 days of the end of the year
in which the change occurs.
65 Pa.C.S. § 13A04(a), (b)(1), (d).
4. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations
provide further information in relation to registration periods and reporting periods:
§ 51.3. Registration periods and reporting periods.
a. Registration under section 13A04 of the act (relating to registration) shall be
biennial. The first registration period which commenced January 1, 2007,
continues through December 31, 2008. Subsequent registrations shall
commence on January 1 of each odd numbered year.
51 Pa. Code § 51.3(a).
5. Section 13A05 of the Lobbying Disclosure Law sets forth, in part, the following
requirements for the contents of quarterly reporting forms filed by principals.
§ 13A05. Reporting
(a) General rule. -- A registered principal shall, under oath or affirmation, file
quarterly expense reports with the department no laterthan 30 days afterthe
last day of the quarter.
(b) Content. --
(1) Each expense report must list the names and registration numbers
when available of all lobbyists by whom lobbying is conducted on
behalf of the principal and the general subject matter or issue being
lobbied.
(2) Each expense report shall include the total costs of all lobbying for the
period. The total shall include all office expenses, personnel
expenses, expenditures related to gifts, hospitality, transportation and
lodging to State officials or employees, and any other lobbying costs.
The total amount reported under this paragraph shall be allocated in
its entirety among the following categories:
(i) The costs for gifts, hospitality, transportation and lodging given
to or provided to State officials or employees or their
immediate families.
(ii) The costs for direct communication.
(iii) The costs for indirect communication.
Volunteers of America Delaware Valle , 18 -002 -L
age
(iv) Expenses required to be reported under this subsection shall
be allocated to one of the three categories listed under this
section and shall not be included in more than one category.
65 Pa.C.S. § 13A05(a), (b)(1) -(2).
6. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations
provide further instructions in relation to registration periods and reporting periods:
§ 51.3. Registration periods and reporting periods.
(b) Reporting under section 13A05 of the act (relating to reporting) shall be
uarterly within each calendar year: for January through March; April through
une; July through September; and October through December. Quarterly
expense reports shall be filed on or before the 30th day after the quarterly
reporting period ends.
51 Pa. Code § 51.3(b).
7. [As a registered principal, Respondent is required to file with the Department of
State either a quarterly expense report or a statement of failure to meet the
reporting threshold for each quarter it has been registered as a principal, by no later
than the 30th day after each quarterly eporting period has ended. 65 Pa.C.S. §
13A05(a), (d); 51 Pa. Code § 55.1 (d)].
8. Section 13A05 of the Lobbying Disclosure Law additionally sets forth the threshold
with regard to reporting expenditures:
(d) Thresholds for reporting. —An expense report required under
this section shall be filed when total expenses for lobbyingg
exceed [$3,000] for a registered principal in a reporting period.
In a reporting period in which total expenses are [$3,000] or
less, a statement to that effect shall be filed.
65 Pa.C.S. § 13A05(d).
9. Section 13A03 of the Lobbying Disclosure Law defines the following terms:
"Lobbying." An effort to influence legislative action or administrative action
in this Commonwealth. The term includes:
1 direct or indirect communication;
2 office expenses; and
3 providing any gift, hospitality, transportation or lodging to a State
official or employee for the purpose of advancing the interest of the
lobbyist or principal.
"Legislative action." An action taken by a State official or employee
involving the preparation, research, drafting, introduction, consideration,
modification, amendment, approval, passage, enactment, tabling,
postponement, defeat or rejection of:
1 legislation;
2 legislative motions;
3 a veto by the Governor; or
Volunteers of America Delaware Valley, 18 -002 -L
Page 5
(4) confirmation of appointments by the Governor or appointments to
public boards or commissions by a member of the General Assembly.
"Legislation." Bills, resolutions, amendments and nominations pending or
proposed in either the Senate or the House of Representatives. The term
includes any other matter which may become the subject of action by either
chamber of the General Assembly.
"Direct communication." An effort, whether written, oral or by an other
medium, made by a lobbyist or principal, directed to a State official or
employee, the purpose or foreseeable effect of which is to influence
legislative action or administrative action. The term may include personnel
expenses and office expenses.
65 Pa.C.S. § 13A03.
10. s a registered principal, Respondent is required to file with the Department of
Mate either a quarterly expense report or a statement of failure to meet the
reporting threshold for each quarter it has been registered as a principal, by no later
than the 30th day after each quarter) reporting period has ended. 65 Pa.C.S. §
13A05(a), (d); 51 Pa. Code § 55.1 (d)).
a. Respondent did not file a third (3rd) quarter 2017 expense report by October
30, 2017.
11. The Regulations promulgated under the Lobbying Disclosure Law specifically
provide the following in relation to a delinquent filing:
§ 51.4. Delinquency.
(a) A registration statement or report required to be filed under section 13A04 or
13A05 of the act (relating to registration; and reporting) is delinquent if not
received by the Department on the date due as follows:
(1) Hard copy filings must be received by 5 p.m. in the office. For
quarterly expense reports, from 5 p.m. until 12 a.m. midnight, a hard
copy filing may be filed with the Department's designee. The filing
location and the Department's designee will be on the Department's
web site.
(2) Electronic filings may be filed until 12 a.m. midnight.
(b) A failure to timely file a registration statement, a quarterly expense report, a
separate expense report, a notice of termination or an amendment to one of
these filings constitutes a failure to register or report as required by the act;
delinquency continues until the filing is received by the Department in proper
form.
51 Pa. Code § 51.4(a) -(b).
12. [In relation] to the filing requirements of quarterly expense reports, the Regulations
read, in part:
§ 55.1. Quarterly expense reports.
Volunteers of America Delaware Valle , 18-002-L
age
(a) A quarterly expense report is required to be filed as set forth in this section
when the total lobbying expenses of a registered principal, registered
lobbying firm or registered lobbyist lobbying. on the principal's behalf,
together, exceed [$3,000] in a quarterly reporting period. The threshold of
[$3,000] includes any economic consideration paid by a principal to a
lobbying firm or lobbyist for lobbying. Individuals exempt under section
13AO6 of the act (relating to exemption from registration and reporting) need
not register or report.
(b) For a quarterly reporting period in which the total lobbying expenses of a
registered principal, registered lobbyin firm or registered lobbyist lobbying
on the principal's behalf, together, are $3,0001 or less, a statement to that
effect shall be filed with the Department y checking the appropriate block on
the quarterly expense report form.
(d) The principal shall file a quarterly expense report or statement of failure to
meet the reporting threshold on or before the 30th day after the quarterly
reporting period ends.
(g) A quarterly expense report of a principal required to be registered under the
act must include at least the following information:
(3) The total costs of all lobbying for the period. The total must include all
office expenses, personnel expenses, expenditures related to gifts,
hospitality, transportation and lodging to State officials or employees,
and any other lobbying costs.
(i) The total amount reported under this paragraph shall be
allocated in its entirety among the following categories:
(A) The costs for gifts, hospitality, transportation and
lodging given to or provided to State officials or
employees or their immediate families.
(B) The costs for direct communication.
(C) The costs for indirect communication.
(ii) Registrants shall use a good faith effort to allocate expenses
required to be reported under this subsection to one of the
three categories listed herein. A given expense may not be
included in more than one category....
51 Pa. Code § 55.1(a), (b), (d), (g)(3)(i) -(ii).
13. By Warning Notice letter dated December 13, 2017, Respondent was served with
notice in accordance with Section 13A09 of the Lobbying Disclosure Law and
Section 63.4(1) of the Lobbying Disclosure Regulations of the specific allegations
that Respondent failed to file a quarterly expense report forthe third (3rd) quarter of
2017.
Volunteers of America Delaware Valley, 18 -002 -L
age 7
a. Said Warning Notice was mailed to:
Volunteers of America Delaware Valley
235 White Horse Pike
Collingswood, NJ 08107
b. This is the same address as listed on Respondent's principal registration
statement.
C. By submitting the principal registration statement, Respondent consented to
rece t of service of notices, other official mailings or process, at the address
listed on the registration statement. (See, Paragraph 2(a) above).
d. The Warning Notice was not returned as undeliverable.
14. Said Warning Notice letter set forth the nature of the alleged noncompliance and
the administrative and criminal penalties for failing to file.
15. Said Warning Notice letter provided Respondent an opportunity to cure the alleged
noncompliance and avoid the institution of these proceedings as to alleged
noncompliance by filing a quarterly expense report for the time period coverin the
third (Y quarter of 2017 with the Department of State within thirty (30) days Trom
the mailing date of the Warning Notice letter.
16. The Chief of the Division of Campaign Finance and Lobbying Disclosure for the
Department of State conducted a search of the Department of State's records, and,
as of February 14, 2018, no third (3rd) quarter 2017 expense report was found to
have been filed with the Department of State for Volunteers of America Delaware
Valley.
a. Respondent subsequently filed its third (3�d quarter 2017 expense report on
February 16, 2018, with the Department of State.
17. The Lobbying Disclosure Law provides for civil and criminal penalties for failing to
comply with the registration statement filing and quarterly expense reporting
requirements thereof. Specifically, the Lobbying Disclosure Law provides that:
a. Negligent failure to register or report, as required b the Law, is punishable
by an administrative penalty not exceeding $50.0 for each late day. 65
Pa.C.S. § 13A09(c)(1).
b. The total amount of the administrative penalty that may be levied after
hearing by a majority vote of all of the Commission Members shall not be
limited by any other provision of law. 65 Pa.C.S. § 13A09(c)(2).
C. Any person that fails to comply with the requirements of the Lobbying
Disclosure Law, after notice [of noncompliance and after a hearing if one is
requested,] may be prohibited from lobbyin for economic consideration for
up to five (5) years [in accordance with 65 Pa.C.S. § 13A09(e)(4). 65
Pa.C.S. §§ 1 A09(d), (e)(4)].
d. A person that intentionally fails to register or report as required by the law
commits a misdemeanor of the second degree. 65 Pa.C.S. § 13A09(e)(1).
e. A registrant who files a report under the law with knowledge that the report
contains a false statement or is incomplete commits a misdemeanor of the
Volunteers of America Delaware Valley, 18 -002 -L
age
second degree. 65 Pa.C.S. § 13A09(e)(2).
Except as set forth in paragraph (d) or (e) above, a person that intentionally
violates [the Lobbying Disclosure Law] commits a misdemeanor of the third
degree. In addition to any other penalties imposed under [the Lobbying
Disclosure Law]: the court may impose a fine not to exceed $25,000 against
a principal who is found guilty under [Section 13A09(e )(3) of the Lobbying
Disclosure Law].
In addition to any criminal penalties imposed under [the Lobbying Disclosure
Law], the Commission may prohibit a person from lobbying for economic
consideration for up to five years for conduct which constitutes an offense
under [Section 13A09(e) of the Lobbying Disclosure Law]. Criminal
prosecution or conviction is not required for imposition of [such prohibition].
The Commission shall not impose ((such prohibition] unless the person has
been afforded the opportunity for a nearing, which shall be conducted by the
Commission in accordance with sections t107(14) and 1108(e} fofthe Public
Official and Employee Ethics Act, 65 Pa.C.S. §§ 1107(14) an 1108(e)].
18. The delinquent period is calculated from the first date the third (31d) quarter 2017
expense report was delinquent (October 31, 2017) until the date the expense report
was filed, February 16, 2018, said period being 108 days.
19. As of the date of [the Consent Agreement (March 16, 2018)], Respondent has filed
all outstanding quarterly expense reports for the quarters that said entity was
re istered as a principal with the Pennsylvania Department of State as of the date
of the Consent Agreement].
Ill. DISCUSSION:
In the instant matter, the alleged noncompliance is that Respondent, as a principal
registered with the Pennsylvania Department of State ( "Department of State ") pursuant to
the Lobbying Disclosure Law, negligently failed to timely file a quarterly expense report
pursuant to 65 Pa.C.S. § 13A05 for the third quarter of 2017.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent initially registered as a principal with the Department of State on
August 3, 2009, for the registration period January 1, 2009, through December 31, 2010.
Respondent's registration statement indicated that lobbying commenced on August 3,
2009. Respondent registered as a principal with the Department of State for the
registration period January 1, 2017, through December 31, 2018. Respondent was
assigned the principal registration number "P18121."
Pursuant to Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05,
and Section 51.3 of the Lobbying Disclosure Regulations, 51 Pa. Code § 51.3, expense
reports are filed on a quarterly basis. When a registered principal's total expenses for
lobbying exceed $3,000 for a reporting period quarter, the principal is required to file a
quarterly expense report with the Department of State by no later than 30 days after the
last day of such quarter. For a reporting period in which total expenses are $3,000 or less,
a statement to that effect must be filed by the principal. Thus, a re istered principal must
file either a quarterly expense report or a statement of failure To meet the reporting
threshold by no later than the 30th day after each quarterly reporting period ends. 51 Pa.
Code § 55.1(d).
Volunteers of America Delaware Valle , 18 -002 -L
age
Having registered for the registration period January 1, 2017, through December 31,
2018, Respondent was required to file a quarterly expense report for the third quarter of
2017. Respondent failed to file a quarterly expense report for the third quarter of 2017 by
the filing deadline.
Failure to timely file a quarterly expense rep constitutes a failure to report as
required by the Lobbying Disclosure Law, and the dpelinquency continues until the filing is
received by the Department of State in proper form. 51 Pa. Code § 51.4(b).
By Warning Notice letter dated December 13, 2017, Respondent was served with
notice of the alleged noncompliance in accordance with Section 63.4(1) of the Lobbying
Disclosure Regulations, 51 Pa. Code § 63.4(1).
The Warning Notice letter provided Respondent an opportunity to cure the alleged
noncompliance and avoid the institution of these proceedings by filing.a quarterly expense
report for the third quarter of 2017 with the Department of State within thirty (30) days of
the mailing date of the Warning Notice letter.
As of February 14, 2018, no third quarter 2017 expense report was found to have
been filed with the Department of State for Respondent.
Respondent has now submitted a quarterly expense report for the third quarter of
2017.
Negligent failure to register or report as required by the Lobbying Disclosure Law is
punishable by an administrative penalty of up to $50.00 for each late day. 65 Pa.C.S. §
13A09(c)(1). Per the Consent Agreement and Stipulation of Findings, the parties are in
agreement that Respondent's expense report for the third quarter of 2017 was 108 days
delinquent.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Lobbying Disclosure Law to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following
conclusions in relation to the above deficiencies:
a. That Respondent, in its capacity as a Principal
registered with the Pennsylvania Department of State
pursuant to the Pennsylvania Lobbying Disclosure Law
(5 Pa.C.S. § 13A04), failed to timely file a Quarterly
Expense Report pursuant to 65 Pa.C.S. § 13A05, for
the third (3rd) quarter of 2017.
b. That the transgression(s) of the Lobbying Disclosure
Law outlined in paragraph (a) above [islare] deemed to
be negligent in nature.
C. Respondent was deficient in filing its third (31d quarter
of 2017 Expense Report by a total of 1 8 days,
calculated as set forth below:
On December 13, 2017, a Warning Notice
Volunteers of America Delaware Valley, 18 -002 -L
Page
regarding the delinquent quarterly expense
report was sent to Respondent via f=irst Class
Unites States Mail,
ii. Respondent did not file the outstanding
Quarterly Expense Report for the third (3r
quarter of 2017 within the stated cure period;
Respondent filed its third (3rd) quarter 2017
Expense Report on February 16, 2018. The
delinquent period is calculated from the first date
the third (31d) quarter of [2017] Expense Report
was delinquent [(October 31, 2017)] until the
filing date.
Respondent agrees to pay the sum of $3,440.00 in settlement
of this matter to be paid as follows:
Pursuant to Section 13A09(c)(1) of the Lobbying
Disclosure Law, 65 Pa.C.S. § 13A09(c(1), Respondent
agrees to pay an administrative pena ty in the amount
of $30.00 per day during the delinquent period as
outlined above for a total amount of $3,240.00 (108
days x $30.00 per diem), which shall be made payable
to the Commonwealth of Pennsylvania and forwarded
to the Pennsylvania State Ethics Commission within 30
days of the adjudication in this matter.
Respondent also agrees to pay $200.00, made payable
to the Pennsylvania State Ethics Commission. Said
payment represents a portion of the costs associated
with this matter. Said payment shall be made within 30
days of the adjudication in this matter.
The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter, impose no
further sanctions, and make no specific recommendations to
any law enforcement or other authority to take action in this
matter as to either Respondent, or any individual or
representative of Respondent. Such, however, does not
prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's Order or
cooperating with any other authority who may so choose to
review this matter further.
Consent A reement, at 1 -2.
In considering the Consent Agreement and Stipulation of Findings, we agree with
the parties that Respondent as a registered principal failed to timely file a quarterly
expense report with the Department of State for the third quarter of 2017 as required by
Section 13A05 of the Lobbying Disclosure Law.
Accordingly, we hold that Respondent as a registered principal failed to timely file a
quarterly expense report with the Department of State for the third quarter of 2017 as
required by Section 13A05 of the Lobbying Disclosure Law. We accept the
Volunteers of America Delaware Valle , 18 -002 -L
age
recommendation of the parties for a determination that the transgression of the Lobbying
Disclosure Law outlined immediately above is deemed to be negligent in nature.
The parties have agreed that Respondent was 108 days delinquent in filing its
quarterly expense report for the third quarter of 2017.
As part of the Consent Agreement, Respondent agreed to pay an administrative
penalty in the amount of $3,240.00 (108 days x $30.00 per da ), payable to the
Commonwealth of Pennsylvania and forwarded to this Commission within thirty days of the
adjudication in this matter. Respondent also agreed to pay $200.00 to this Commission,
representing a portion of the costs associated with this matter, to be made payable to the
Pennsylvania State Ethics Commission and forwarded to this Commission within thirty days
of the adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances. Accordingly, we approve the Consent
Agreement that has been submitted by the parties.
This Commission hereby levies one administrative penalty against Respondent
Volunteers of America Delaware Valley in the amount of $3,240.00 for its delinquent
quarterly expense report for the third quarter of 2017.
Additionally, per the Consent Agreement of the parties, Respondent is directed to
ppayy mount of the a $200.00, representing a portion of the costs associated with this matter,
to be made payable to the Pennsylvania State Ethics Commission.
To the extent it has not already done so, Respondent Volunteers of America
Delaware Valley is directed to pay the aforesaid administrative penalty in the amount of
$3,240.00 to be made payable to the Commonwealth of Pennsylvania and forwarded to
this Commission by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order.
To the extent it has not already done so, Respondent Volunteers of America
Delaware Valley is directed to pay the aforesaid additional amount of $200.00 to be made
payable to the Pennsylvania State Ethics Commission and forwarded to this Commission
y no later than the thirtieth (30th) day after the mailing date of this adjudication and Order.
Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a principal registered with the Pennsylvania Department of State ( "Department of
State ") under principal registration number "P18121," Volunteers of America
Delaware Valley has been subject to the reporting requirements of Section 13A05 of
Pennsylvania's lobbying disclosure law ( "Lobbying Disclosure Law "), 65 Pa.C.S. §
13A05.
2. Volunteers of America Delaware Valley, in its capacity as a principal registered with
the Department of State, failed to timely file a quarterly expense report with the
Department of State for the third quarter of 2017 as required by Section 13A05 of
the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05.
3. The transgression of the Lobbying Disclosure Law outlined in paragraph 2
immediately above is deemed to be negligent in nature.
Volunteers of America Delaware Valle , 18 -002 -L
age
The prerequisite service of a warning notice in accordance with Section 63.4(1) of
the Lobbying Disclosure Regulations, 51 Pa. Code § 63.4(1), was satisfied.
Based upon the totality of the circumstances in this case, the imposition of an
administrative penalty in the amount of $3,240.00 (108 days x $30.00 per day) and
the payment to this Commission in the amount of $200.00, representing a portion of
the costs associated with this matter, are warranted.
In Re: Volunteers of America Delaware Valley, File Docket: 18 -002 -L
Respondent, Date Decided: 4111118
Date Mailed: 4120118
ORDER NO. 132 -SL
Volunteers of America Delaware Valley, in its capacity as a principal registered with
the Pennsylvania Department of State ( "Department of State'} under principal
registration number "118121," failed to timely file a quarterly expense report with the
Department of State for the third quarter of 2017 as required by Section 13A05 of
Pennsylvania's lobbying disclosure law ( "Lobbying Disclosure Law "), 65 Pa.C.S. §
13A05.
2. The transgression of the Lobbying Disclosure Law outlined in paragraph 1
immediately above is deemed to be negligent in nature.
3. This Commission hereby levies one administrative penalty against Volunteers of
America Delaware Valley in the amount of $3,240.00 for its delinquent quarterly
expense report for the third quarter of 2017.
4. To the extent it has not already done so, Volunteers of America Delaware Valley is
directed to pay the aforesaid administrative penalty in the amount of $3,240.00 to
be made payable to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after
the mailing date of this Order.
5. To the extent it has not already done so, Volunteers of America Delaware Valley is
directed to pay the additional amount of $200.00, representing a portion of the costs
associated with this matter, to be made payable to the Pennsylvania State Ethics
Commission and forwarded to the Pennsylvania State Ethics Commission by no
later than the thirtieth (30th) day after the mailing date of this Order.
6. Non - compliance with Paragraph 4 or 5 of this Order will result in the Commission
initiating appropriate enforcement action(s).
BTTAE •►r •M,
f
noNNTIVIne
Commissioner Michael A. Schwartz did not participate in this matter.