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In Re: Terrence Crumby,
Respondent
1
F5 ^1
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.r)a.gov
18 -026 -P
Order No. 608 -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 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
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 has failed to provide full financial disclosure as required b the Ethics
Act. Respondent has failed to file Statements of Financial Interests for calendar
years 2013, 2014, 2015, and 2016, which Statements of Financial Interests were to
be filed by May 1, 2014, May 1, 2015, May 1, 2016, and May 1, 2017, respectively,
and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5, By Notice letter dated Janua 26, 2018, Respondent was served with Notice in
accordance with Section 11, T7751) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing accurate and complete Statements of Financial Interests for calendar years
2013, 2014, 2015, and 2016 within twenty (20) days of the date of the Notice letter.
Respondent has failed and refused to file Statements of Financial Interests for
calendar years 2013, 2014, 2015, and 2016 so as to comply with the specific
Crumby, 18 -026 -P
Page 2
requirements of the Ethics Act.
6. By Notice letter dated March 28, 2018, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations against
Respondent concerning the above transgressions. Said Notice Fetter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
by filing accurate and complete Statements of Financial Interests for calendar years
2013, 2014, 2015, and 2016 within twenty (20) days of the date of the Notice letter.
Respondent has failed and refused to ile Statements of Financial Interests for
calendar years 2013, 2014, 2015, and 2016 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. § 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 four violations alleged herein, Respondent is
subject to total maximum civil penalty liability of $1,000.00.
There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $1,000.00, in that the twenty -da deadline set forth in the
said final Notice letter to Respondent has expired and �4 Respondent has not
complied.
11. DISCUSSION.
As a Constable /Deputy Constable, Terrence Crumby ( "Crumby ") 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, Crumby was specifically required to
file Statements of Financial Interests for calendar years 2013, 2014, 2015, and 2016 with
the State Ethics Commission on or before May 1, 2014, May 1, 2015, May 1, 2016, and
May 1, 2017, respectively. 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
Crumby, 18 -026 -P
Page
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 Crumby 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).
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Crumby for each delinquent
Statement of Financial Interests for calendar years 2013, 2014, 2015, and 2016.
The prerequisite service of a Notice letter in accordance with Section 11 075) was
satisfied. Crumby 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 Crumby by filing with the State Ethics
Commission and serving upon Crumby a Petition for Civil Penalties. The Commission
Chair issued an Order to Show Cause, ordering Crumby to show cause why civil penalties
should not be levied against him. Crumby did not file an answer to the Order to Show
Cause. There is nothing of record that would constitute a defense or excuse for Crumby's
failure to comply with the Ethics Act. Crumby has failed to show cause why civil penalties
should not be levied against him in this matter.
We find that Crumby, 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 file Statements
of Financial Interests for calendar years 2013, 2014, 2015, and 2016 with this Commission.
We hereby lev four maximum civil penalties against Crumby, each at the rate of
Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial Interests for
calendar years 2013, 2014, 2015, and 2016 have remained delinquent. Given the number
of days during which the Statements of Financial Interests have remained delinquent, the
Crumby, 18 -026 -P
Page 4
resultant amount to be levied against Crumby is One Thousand Dollars ($1,000.00).
Crumby shall be ordered to make payment of the above civil penalties in the total
amount of $1,000.00 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.
Crumby shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 2013, 2014, 2015, and 2016 with this Commission by no later
than the thirtieth (30th) day after the mailing date of this adjudication and Order.
Ill. CONCLUSIONS OF LAW:
1. Terrence Crumby ( "Crumby "), as a Constable /Deputy Constable, 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 seg.
2. Crumby, 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 file Statements of Financial
Interests for calendar years 20133, 2014, 2015, and 2016 with the State Ethics
Commission.
3. Notice of the delinquency of Crumb 's Statements of Financial Interests for
calendar years 2013, 2014, 2015, and 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, the imposition of four
maximum civil penalties in the total amount of $1,000.00 is warranted.
In Re: Terrence Crumby,
Respondent
File Docket: 18 -026 -P
Date Decided: 10/24/18
Date Mailed: 11/20/18
ORDER NO. 608 -S
Terrence Crumby ( "Crumby "), as a Constable /Deputy Constable, failed to comply
with Section 1104(a) of the Public Official and Employee Ethics Act ( "Ethics Act "),
65 Pa.C.S. § 11044(a), when he failed to file Statements of Financial Interests for
calendar years 2013, 2014, 2015, and 2016 with the Pennsylvania State Ethics
Commission.
This Commission hereby levies four maximum civil penalties against Crumby, each
at the rate of Twenty -Five Dollars ($25.00) per day, for each day his Statements of
Financial Interests for calendar years 2013, 2014, 2015, and 2016 have remained
delinquent, for total civil penalty liability of One Thousand Dollars ($1,000.00).
Crumby is ordered to pay said civil penalties in the total amount of $1,000.00 by no
later than the thirtieth (30th) 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.
Crumby is ordered to file complete and accurate Statements of Financial Interests
for calendar years 2013, 2014, 2015, and 2016 with the Pennsylvania State Ethics
Commission by no later than the thirtieth (30th) day after the mailing date of this
Order.
Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
p