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In Re: Shawn Christopher,
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
WEi3SITE: www.ethics.aa.goy
18 -025 -P
Order No. 607-S
10/24/18
11/20/18
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 Pennsylvania 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 seg.
The Investigative Division initiated these proceedings byfiIIna 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.
L 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 an Income
Maintenance Caseworker with the Pennsylvania Department of Human 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 public employee 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 a Statement of Financial Interests for calendar
year 2015, which Statement of Financial Interests was to be filed by May 1 of 2016,
and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated September 26, 2016, Respondent was served with Notice in
accordance with Section 11 07(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 2015 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2015
so as to comply with the specific requirements of the Ethics Act.
Christopher, 18 -025 -P
Page 2
By Notice letter dated November 7, 2016, 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 2015 within twenty (20 days of the date of the Notice letter. Respondent has
failed and refused to fife a Statement of Financial Interests for calendar year 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 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).
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. § 11 09(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.
9. 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 has expired and the Respondent has not
complied.
II. DISCUSSION:
As an Income Maintenance Caseworkerfor the Pennsylvania Department of Human
Services ( "Department of Human Services "), Shawn Christopher ( "Christopher ") 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 se See,
Qua lia v. State Ethics Commission, 986 A.2d 974 (Pa. Cmwlth. 2010), amen�ec Z b
Pa. ommw. LEXIS 8 a. Cm w t . January 5, 2010), allocatur denie , 607 Pa. 708, 4
A.3d 1056 (2010).
Pursuant to Section 1104(a) of the Ethics Act, Christopher was specifically required
to file a Statement of Financial Interests for calendar year 2015 with the Department of
Human Services on or before May 1, 2016. See, Quaglia, supra. Section 1104(a)
provides:
§ 1104, Statement of financial interests required to be filed
Christ P 3 18 -025 -P
Page 3
(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 Christopher as an Income Maintenance
Caseworker for the Department of Human 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
duties of commission) and upon a majority vote of its members, levy a civil
penalty upon any person sub'ect 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 Christopher for the delinquent
Statement of Financial Interests for calendar year 2015.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Christopher 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 Christopher b filing with
the State Ethics Commission and serving upon Christopher a Petition for Civil Penalties.
The Commission Chair issued an Order to Show Cause, ordering Christopher to show
cause why a civil penalty should not be levied against him. Christopher did not file an
answer to the Order to Show Cause. There is nothing of record that would constitute a
defense or excuse for Christopher's failure to comply with the Ethics Act. Christopher has
failed to show cause why a civil penalty should not be levied against him in this matter.
We find that Christopher, as an Income Maintenance Caseworker for the
Department of Human Services, failed to comply with Section 1104(a) of the Ethics Act, 65
Pa.C.S. § 1104(a), when he failed to file a Statement of Financial Interests for calendar
year 2015 with the Department of Human Services.
Christopher, 18 -025 -P
Page 4
We hereby levy one maximum civil penalty against Christopher at the rate of
Twenty -Five Dollars ($25.00) .per day for each day his Statement of Financial Interests for
calendar year 2015 has remained delinquent. Given the number of days during which the
Statement of Financial Interests has remained delinquent, the resultant amount to be
levied against Christopher is Two Hundred and Fifty Dollars ($250.00).
Christopher 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.
Christopher shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2015 with the Department of Human Services by no later than
the thirtieth (30th) day after the mailing date of this adjudication and Order, with one copy
forwarded to this Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
1. Shawn Christopher ( "Christopher "), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, 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 sew.
2. Christopher, as an Income Maintenance Caseworker for the Pennsylvania
Department of Human Services, failed to comply with Section 1104(x) of the Ethics
Act, 65 Pa.C.S. § 1104(a), when he failed to file a Statement of Financial Interests
for calendar year 2015 with the Pennsylvania Department of Human Services.
3. Notice of the delinquency of Christopher's Statement of Financial Interests for
calendar year 2015 was previously served u on him in accordance with Section
1107(5) of the Ethics Act, 65 Pa.C.S. § 11075).
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: Shawn Christopher, File Docket: 18-025 -P
Respondent Date Decided: 10/24/18
Date Mailed: 11/20/18
ORDER NO. 607-S
Shawn Christopher ( "Christopher "), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, failed to comp) with Section 1104(a)
of the Public Official and Employee Ethics Act ( "Ethics Act "), N Pa.C.S. § 1104(a),
when he failed to file a Statement of Financial Interests for calendar year 2015 with
the Pennsylvania Department of Human Services.
This Commission hereby levies one maximum civil enalty against Christopher at
the rate of Twenty -Five Dollars ($25.00) per day far each day his Statement of
Financial Interests for calendar year 2015 has remained delinquent, for a total civil
penalty of Two Hundred and Fifty Dollars ($250.00). Christopher is ordered to pa
said civil penalty in the total amount of $250.00 b no later than the thirtieth (30tt'
day after the mailing date of this Order, by forwarding a check to the Pennsylvania
State Ethics Commission made payable to the Commonwealth of Pennsylvania, for
deposit in the State Treasury.
3. Christopher is ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2015 with the Pennsylvania Department of Human
Services by no later than the thirtieth (30th) day after the mailing date of this Order,
with one copy forwarded to the Pennsylvania State Ethics Commission for
compliance verification purposes.
4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
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