HomeMy WebLinkAbout586-S McClenaghanPHONE: 717- 783 -1610
TOLL FREE: 1 -800- 932 -0936
k
4u»
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
In Re: Tammy McClenaghan, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
FACSIMILE: 717- 787 -0806
WEBSITE: www.ethics.oa.gov
18 -003 -P
Order No. 586 -S
6128118
712118
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Meanie 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 1 104 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. 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.
I. FINDINGS:
1. Respondent Tammy McClenaghan ( "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 an Executive
Residence Staff Manager with the Pennsylvania Department of General Services,
and as such, Respondent has at all times relevant to these proceedings been a
"public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C.S. § 1102.
3. Respondent, as a ublic employee, is subject to the Statement of Financial Interests
filing provisions of the Ethics Act.
4. Respondent failed to timely provide full financial disclosure as required by the Ethics
Act. Respondent failed to timely file a Statement of Financial Interests for calendar
year 2016, which [Statement of Financial Interests was to be filed] by May 1, 2017.
Resppondent has therefore violated Sections 1104 and 1105 oft the Ethics Act, 65
Pa.C.S. §§ 1104, 1105.
5. By Notice Letter dated October 16, 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
failed and /or otherwise refused to file a Statement of Financial Interests for calendar
year 2016 so as to comply with the specific requirements of the Ethics Act.
McClenaghan, 18 -003 -P
Page
6. By Notice Letter dated December 5, 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 civil penalty proceedings by
filing an accurate and complete Statement of Financial Interests for calendar year
2016 so as to comply with the specific requirements of the Ethics Act.
7. Respondent failed to file a Statement of Financial Interests for calendar year 2016
with the State Ethics Commission by the deadlines imposed in the Notice Letters.
8. On March 8, 2018, Respondent filed a complete and accurate Statement of
Financial Interests for calendar year 2016.
II. DISCUSSION:
As an Executive Residence Staff Manager for the Pennsylvania Department of
General Services, Tammy McClenaghan ( "McClenaghan ") was at all times relevant to
these proceedings a " ublic 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(x) of the Ethics Act, McClenaghan was specifically
required to file a Statement of Financial Interests for calendar year 2016 with the
Pennsylvania Department of General Services on or before May 1, 2017. 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
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 McClenaghan as an Executive Residence
Staff Manager for the Pennsylvania Department of General Services 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
McCena han, 18 -003 -P
Page 3
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 McClenaghan 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. McClenaghan 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 McClenaghan
by filing with this Commission and serving upon her a Petition for Civil Penalties. The
Commission Chair issued an Order to Show Cause, ordering McClenaghan to show cause
why a civil penalty should not be levied against her. The parties then filed a Stipulation of
Findings and Consent Agreement.
The parties propose that this case be resolved by: (1) this Commission finding that
McClenaghan failed to timely file a Statement of Financial Interests for the 2016 calendar
year in compliance with Section 1104(a) of the Ethics Act; and (2) McClenaghan making
payment of a civil penalty in the amount of $250.00 in settlement of this matter by certified
check or money order payable to the Commonwealth of Pennsylvania and forwarded to
this Commission within thirty days of the issuance of the final adjudication in this matter.
We believe that the Consent Agreement sets forth a proper disposition for this case,
based upon our review of the totality of the facts and circumstances. Accordingly, we
approve the Consent Agreement that has been submitted by the parties.
We hereby find that McClenaghan, as an Executive Residence Staff Manager for
the Pennsylvania Department of General Services, failed to timely file a Statement of
Financial Interests for the 2016 calendar year in compliance with Section 1104(a) of the
Ethics Act, 65 Pa.C.S. § 1104(a).
Per the Consent Agreement of the parties, we hereby levy one civil penalty against
McClenaghan in the total amount of $250.00 for McClenaghan's delinquent Statement of
Financial Interests for calendar year 2016.
To the extent she has not already done so, McClenaghan shall be ordered to make
payment of the aforesaid civil penalty in the total amount of $250.00 by no later than the
thirtieth (301h) day after the mailing date of this adjudication and Order, by forwarding to this
Commission a certified check or money order in the amount of $250.00 made payable to
the Commonwealth of Pennsylvania, for deposit in the State Treasury.
III. CONCLUSIONS OF LAW:
As an Executive Residence Staff Ma na er for the Pennsylvania Department of
General Services, Tammy McClenaghan "McClenaghan ") was at all times relevant
to these proceedings a " ublic employee" subject to the provisions of the Public
Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. McClenaghan, as an Executive Residence Staff Manager for the Pennsylvania
Department of General Services, failed to timely file a Statement of Financial
Interests for the 2016 calendar year in compliance with Section 1104(a) of the
McCl�ena han, 18 -003 -P
Page 4
Ethics Act, 65 Pa.C.S. § 1104(a).
3. Notice of the delinquency of McClenaghan`s Statement of Financial Interests for
calendar year 2016 was previously 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: Tammy McClenaghan, File Docket: 18 -003 -P
Respondent Date Decided: 6128118
Date Mailed: 712118
ORDER NO. 586 -S
1. Tammy McClenaghan McClenaghan "), as an Executive Residence Staff Manager
for the Pennsylvania Department of General Services, failed to timely file a
Statement of Financial Interests for the 2016 calendar year in compliance with
Section 1104(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa.C.S. § 1104(a).
2. Per the Consent Agreement of the parties, we hereby levy one civil penalty against
McClenaghan in the total amount of $250.00 for McCienaghan's delinquent
Statement of Financial Interests for calendar year 2016.
3. To the extent she has not already done so, McClenaghan is ordered to make
payment of the aforesaid civil penalty. in the total amount of $250.00 by no later than
he thirtieth (30th) day after the mailing date of this Order, by forwarding to this
Commission a certified check or money order in the amount of $250.00 made
payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
4. Failure to comply with Paragraph 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nidh6las A. Colafella, air