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STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
In Re: Joseph Vogelgesang, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
FACSIMILE: 717- 787 -0806
WEBSITE: www.ethics.oa.aov
18 -056 -P
Order No. 625 -S
217119
2115/19
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 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 proceed in s been a "public official" as defined in Section 1102 of the Ethics
Act, 65 Pa.C.S. 9 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 a Statement of Financial Interests for calendar
year 2017, which Statement of Financial Interests was to be filed by May 1 of 2018,
and Respondent has therefore transgressed Sections 1104 and 1'105 of the Ethics
Act, 65 Pa. C.S. §§ 1104, 1105.
5. By Notice letter dated July 11, 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 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 2017 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 2017
so as to comply with the specific requirements of the Ethics Act.
Vo e� Igesanc 18 -056 -P
Page 2
By Notice letter dated August 23, 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 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 2017 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 2017
so as to comply with the specific requirements of the Ethics Act.
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. § 11091f), at a rate of not
more than $25.00 per day for each day the Statement of Financial nterests 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 has expired and the Respondent has not
complied.
II. DISCUSSION:
As a Constable /Deputy Constable, Joseph Vogelgesang ( "Vogelgesang" ) 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, Vogelgesang was specifically
required to file a Statement of Financial Interests for calendar year 2017 with the State
Ethics Commission on or before May 1, 2018. 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
Vogelgesang, 8 -056-P
Page
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 Vogelgesang 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
peen 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 Vogelgesang for the delinquent
Statement of Financial Interests for calendar year 2017.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Vogelgesang 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 Vogelgesang by filing with
the State Ethics Commission and serving upon Vogelgesang a Petition for Civil Penalties.
The Commission Chair issued an Order to Show Cause, ordering Vogelgesang to show
cause why a civil penalty should not be levied against him. Vogelgesang did not file an
answer to the Order to Show Cause. There is nothing of record that would constitute a
defense or excuse for Vogelgesang's failure to comply with the Ethics Act. Vogelgesang
has failed to show cause why a civil penalty should not be levied against him in this matter.
We find that Vogelgesang, 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 a Statement
of Financial Interests for calendar year 2017 with this Commission.
We hereby levy one maximum civil penalty against Vogelgesang at the rate of
Twenty -Five Dollars ($25.00) per day for each day the Statement of Financial Interests for
calendar year 2017 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 Vogelgesang is Two Hundred and Fifty Dollars ($250.00).
Vogelgesang shall be ordered to make pa ment 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
Vo eg_ I eg sang, 18 -056 -P
Page 4
adjudication and Order, by forwarding a check to this Commission made payable to the
Commonwealth of Pennsylvania, for deposit in the State Treasury.
Vogelgesang shall be ordered to file a complete and accurate Statement of
Financial Interests for calendar year 2017 with this Commission by no later than the
thirtieth (30th) day after the mailing date of this adjudication and Order.
III. CONCLUSIONS OF LAW:
Joseph Vogelgesang ( "Vogelgesang "), 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. Vogelgesang, 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 a Statement
of Financial Interests for calendar year 2017 with the State Ethics Commission.
3. Notice of the delinquency of Vogelgesang's Statement of Financial Interests for
calendar year 2017 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, a civil penalty in the total
amount of $250.00 is warranted.
In Re: Joseph Vogelgesang, File Docket: 18 -056 -P
Respondent Date Decided: 217119
Date Mailed: 2115119
0
ORDER NO. 525 -S
Joseph Vogelgesang "Vogelgesang "), 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. § 1104(a), when he failed to file a Statement of Financial Interests
for calendar year 2017 with the Pennsylvania State Ethics Commission.
This Commission hereby levies one maximum civil penalty against Voggelgesan at
the rate of Twenty -Five Dollars ($25.00) per day for each day his Statement' of
Financial Interests for calendar year 2017 has remained delinquent, for a total civil
penalty of Two Hundred and Fifty Dollars $250.00). Vogelgesang is ordered to pa
said civil penalty in the total amount of $250.00 by no later than the thirtieth (30fh)
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.
Vogelgesang is ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2017 with the Pennsylvania State Ethics Commission by
no later than the thirtieth (30'x') 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,
r
� M• Golatella