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STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
In Re: Autumn Schachern, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
FACSIMILE: 717- 787 -0806
WEBSITE: w eth'cs. a. ov
18 -006 -P
Order No. 590 -S
6128118
712118
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 seq.
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 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:
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 Vocational
Rehabilitation Counselor with the Pennsylvania Department of Labor and Industry,
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 public employee has been 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 time /y file a Statement of Financial Interests for calendar
year 2016, which Statement of Financial Interests was to be filed by May 1 of 2017,
and Respondent has therefore transgressed Sections 1104 and 1105 of 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 refused to file a Statement of Financial Interests for calendar year 2016 within
twenty (20) days of the date of the Notice letter.
Schachern, 18 -006 -P
ag�T___
By Notice letter dated December 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 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 refused to file a Statement of Financial Interests for calendar year 2016 within
twenty (20) days of the date of the Notice letter.
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).
8. 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 expired and the Respondent had not
complied.
Respondent subsequently filed a Statement of Financial Interests for
calendar year 2016.
1111. DISCUSSION:
As a Vocational Rehabilitation Counselor for the Pennsylvania Department of Labor
and Industry, Autumn Schachern ( "Schachern ") was at all times relevant to these
proceedings a "public 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 11Ma) of the Ethics Act, Schachern was specifically required
to file a Statement of Financinterests for calendar year 2016 with the Pennsylvania
Department of Labor and Industry 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
Schachern, 18 -006 -P
Page 3
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 Schachern as a Vocational Rehabilitation
Counselor for the Pennsylvania Department of Labor and Industry 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
(t) 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 Schachern 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. Schachern 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 Schachern by filing with
the State Ethics Commission and serving upon Schachern a Petition for Civil Penalties.
The Commission Chair issued an Order to Show Cause, ordering Schachern to show
cause why a civil penalty should not be levied aggainst her. Schachern did not file an
answer to the Order to Show Cause. There is nothing of record that would constitute a
defense or excuse for Schachern's failure to comply with the Ethics Act. Schachern has
failed to show cause why a civil penalty should not be levied against her in this matter.
We find that Schachern, as a Vocational Rehabilitation Counselor for the
Pennsylvania Department of Labor and Industry, failed to comply with Section 1104(a) of
the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to timely file a Statement of Financial
Interests for calendar year 2016 wA the Pennsylvania Department of Labor and Industry.
Schachern, 18 -006 -P
age-44
We hereby levy one maximum civil penalty against Schachern at the rate of Twenty -
Five Dollars ($25.00) per day for each day her 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
Schachern is Two Hundred and Fifty Dollars ($250.00).
Schachern 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.
111. CONCLUSIONS OF LAW:
1. Autumn Schachern ( "Schachern "), as a Vocational Rehabilitation Counselor for the
Pennsylvania Department of Labor and Industry, was at all times relevant to these
proceedings a "public employee" subject to the provisions of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1 101 et seg.
2. Schachern, as a Vocational Rehabilitation Counselor for the Pennsylvania
Department of Labor and Industry, failed to comply with Section 1104(a) of the
Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to timely file a Statement of
Financial Interests for calendar year 2016 with the Pennsylvania Department of
Labor and Industry.
3. Notice of the delinquency of Schachern'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: Autumn Schachern, File Docket: 18 -006 -P
Respondent Date Decided: 6128118
Date Mailed: 712118
ORDER NO. 599-S
Autumn Schachern ( "Schachern "), as a Vocational Rehabilitation Counselor for the
Pennsylvania Department of Labor and Industry, failed to comp) with Section
1104 a of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §
1104(a), when she failed to timely file a Statement of Financial Interests for
calendar year 2016 with the Pennsylvania Department of Labor and Industry.
This Commission hereby levies one maximum civil penalty against Schachern at the
rate of Twenty -Five Dollars ($25.00) per day for each day her Statement of
Financial Interests for calendar year 2016 remained delinquent, for a total civil
penalty of Two Hundred and Fifty Dollars ($250.00). Schachern is ordered to pa
said civil penalty in the total amount of $250.00 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.
3. Failure to comply with Paragraph 2 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
J