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STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
In Re: Howard Shreckengost, File Docket:
Respondent X -ref:
Date Decided:
Date Mailed:
FACSIMILE: 717- 787 -0806
WEBSITE: www.ethics.pa.gov
18 -034
Order No. 1754
5/6119
5113119
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.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act ( "Ethics Act "), 85 Pa.C.S. § 1101 et seg., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." 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.
ALLEGATIONS:
That Howard Shreckengost, a public officiallpublic employee in his capacity as a
Member of the Board of Trustees of Clarion University of the Pennsylvania State System of
Higher Education, violated Sections 1104(a), 1105(a), 1105(b)(1), 1105(b }(5), 1105 {b)(8),
1105(b (9), and 1105�b�(10) of the State Ethics Act (Act 93 of 1998) w en he failed to
timely ffile Statement o inancial Interests forms for calendar years 2014 and 2017; when
he subse uentl filed backdated Statement of Financial Interests forms for calendar years
2014 and 2017 Yo give the impression that forms for those calendar years were timely filed;
when he failed to disclose all reportable direct or indirect sour%Ycalendar of income on
Statements of Financial Interests filed for the 2014, 2015, 2016, and years;
when he failed to disclose all reportable office, directorship or employment in any and all
business entities on Statements of Financial Interests filed forthe 2013, 2014, 2015, 2016,
and 2017 calendar years; when he failed to disclose all reportable financial interest in any
business for profit on Statements of Financial Interests filed for the 2013, 2014, 2015,
2016, and 2017 calendar years; when he failed to identify a governmental entity on a
Statement of Financial Interests filed for the 2014 calendar year; and when he provided no
response as to disclosure of any financial interest transferred to a member of his
immediate family.
IL FINDINGS:
Howard Shreckengost ("Shreckengost") has served on the Clarion University Board
Shreckengost, 2 1 8-034
Page
of Trustees since July 2001.
a. Shreckengost was appointed to the Clarion University Board of Trustees by
Pennsylvania Governor Tom Ridge.
b. Shreckengost was reappointed in 2009 and 2013.
2. Clarion University is part of the Pennsylvania State System of Higher Education
( "PASSHE ").
a. PASSHE was established by statute on July 1, 1983.
b. PASSHE is comprised of fourteen Pennsylvania universities.
C. PASSHE serves approximately 105,000 students and is the largest provider
of higher education in the state of Pennsylvania.
3. The Clarion University Board of Trustees is comprised of eleven Members.
a. Board of Trustees Members are nominated and appointed by the Governor
with the advice and consent of the Pennsylvania Senate.
b. The Board of Trustees convenes five times per year.
Special meetings may be called as needed.
C. Board of Trustees Members are not compensated for their service.
d. The Board of Trustees is responsible for strategic planning for Clarion
University and oversight of the Clarion University President.
4. Additionally, Shreckengost previously served as a Member of the New Bethlehem
Borough Council for eight years.
a. While a Member of Borough Council, Shreckengost served three years as
Borough Council President.
5. Statement of Financial Interests forms are required to be filed annually by all
elected and appointed public officials of the Commonwealth.
a. The forms are required to be filed by no later than May 15t of each year that a
public official holds public office.
b. The Statement of Financial Interests form requires filers to report specified
financial information pertaining to the preceding calendar year.
6. Instructions accompanying the Statement of Financial Interests form clearly state to
sign the form, to enter the current date, and to not back date the form.
7. Page one contains bold and capitalized wordage stating: "SIGN THE FORM USING
THE CURRENT DATE. DO NOT BACK DATE SIGNATURE."
a. Page two contains bold and underlined wordage that states: "Please sign
the form and enter the current date. Do not back date your signature."
b. Page three contains wordage stating: "Enter Current Date."
8. The State Ethics Commission annually contracts for the printing of blank Statement
Page 18 -034
age 3
of Financial Interests forms.
a. Orders for forms are generally placed with the printing company in December
of each year.
b. The ordered forms are received by the Administrative Division of the State
Ethics Commission in December, prior to January 15E of the filing year.
C. Forms are then bulk mailed to municipalities, state boards and commissions,
and state agencies within the Commonwealth of Pennsylvania.
9. Pursuant to the procedure outlined above, Statement of Financial Interests forms
were mailed annually to Clarion University.
10. Statement of Financial Interests forms were mailed to Clarion University for the
2014 and 2017 calendar years as follows:
a. For filing year 2014, SEC -1, REV. 01115 forms were mailed to PASSHE
universities, including Clarion University, on or around January 5, 2015.
The SECA REV. 01115 forms were to be used in reporting financial
interests for the 2014 calendar year.
b. For filing year 2017, SEC -1 REV. 01/18 forms were mailed to PASSHE
universities, including Clarion University, on or around December 27, 2017.
The SEC -1, REV. 01118 forms were to be utilized in reporting financial
interests for calendar year 2017.
11. Each year that forms are printed, a revision number is listed in the upper left -hand
corner of the form.
a. Forms printed in 2014 contained an identification number of SEC -1, REV.
01115, while forms printed in 2017 contained an identification number of
SEC -1, REV. 01118.
12. Former Assistant to the President, Linda Campbell ( "Campbell "), was responsible
for distributing Statement of Financial Interests forms to Clarion University Board of
Trustees Members, including Shreckengost, in 2015, while current Assistant to the
President, Kristin Stiglitz ("Stiglitz"), was responsible for form distribution in 2018.
a. Campbell /Stiglitz distributed Statement of Financial Interests forms in
February of each year via hand delivery, mail, or email: to Board Members.
1. At the February 15, 2015, meeting, Board of Trustees Chairperson
James Kifer specifically reminded Board Members to complete and
submit their Statement of Financial Interests forms to the State Ethics
Commission by May 1, 2015.
2. On February 14, 2018, Stiglitz informed all Board Members via email
of the requirement to file a Statement of Financial Interests form with
the State Ethics Commission by May 1, 2018, and requested a copy
of the filing for retention by Clarion University.
b. After receiving the Statement of Financial Interests form, it was each
individual Board Member's responsibility to accurately complete the form and
file it with the State Ethics Commission.
Shreckengost, 4 18 -034
Page
1. Statement of Financial Interests forms can be mailed through the U.S.
Postal Service or filed electronically online at www.ethics.pa.gov.
C. In addition to filing with the State Ethics Commission, copies of Statements
of Financial Interests filed by each Board Member were to be maintained at
Clarion University.
13. Shreckengost, in his capacity as a Clarion University Board of Trustees Member, is
required annually to file a Statement of Financial Interests form by May 1St, with
information pertaining to the prior calendar year.
14. Shreckengost, as a Clarion University Board of Trustees Member, has been
provided with blank Statement of Financial Interests forms each year for completion.
a. Campbell or Stiglitz provided Shreckengost with forms to be completed for
calendar years 2014 and 2017.
15, State Ethics Commission records include a Statement of Financial Interests form
that Shreckengost filed for calendar year 2013, with a signature date of February
21, 2014 (0212112014).
16. On June 4, 2018, the State Ethics Commission conducted a compliance review for
Clarion University Board of Trustees Members.
17. On June 19, 2018, PASSHE was provided with a list by the State Ethics
Commission of individual Board of Trustees Members of PASSHE universities who
had failed to timely file Statement of Financial Interests forms.
a. The purpose of notifying PASSHE was to gain compliance from individual
Board Members who had failed to file Statements of Financial Interests for
listed years.
18. Shreckengost was identified as a Clarion University Board of Trustees Member who
had failed to file Statements of Financial Interests for calendar years 2014, 2016,
and 2017.
19. A representative of PASSHE then in turn contacted Clarion University in an effort to
gain compliance.
20. An email was sentto Stiglitz on June 20, 2018, informing herthat Shreckengost had
failed to file Statements of Financial Interests for calendar years 2014, 2016, and
2017.
21. Stiglitz notified Shauna Delp, Shreckengost's private /personal secretary, via
telephone to request that Shreckengost file the delinquent 2014, 2016, and 2017
Statement of Financial Interests forms.
22. On June 28, 2018, a PASSHE employee emailed Stiglitz, inquiring whether Stiglitz
had received "anything on Shreckengost."
a. On June 28, 2018, Stiglitz replied via email and stated "Ironic! I was just
scanning what I have for Howard. 2016 & 2017. I'm waiting for him to send
2014."
23. On or about June 28, 2018, Shreckengost completed Statement of Financial
Interests forms for calendar years 2014 and 2017 and provided them to Stiglitz.
a. Shreckengost also provided Stiglitz with a Statement of Financial Interests
Shreckengost 18 -034
Page
form for calendar year 2016.
1. Shreckengost's calendar year 2016 Statement of Financial Interests
documented a revision date of SEC -1, REV. 01117.
2. Shreckengost's calendar year 2016 Statement of Financial Interests
was dated February 6, 2017 (0210612017).
3. No evidence of backdating exists on Shreckengost's calendar year
2016 Statement of Financial Interests.
b. Stiglitz emailed Shreckengost's completed Statement of Financial Interests
forms to PASSHE on or around June 29, 2018.
24. An employee of PASSHE submitted Shreckengost's Statement of Financial
Interests forms for calendar years 2014, 2016, and 2017 to the State Ethics
Commission via email on or around June 29, 2018.
25. A review by Commission staff of the 2014 and 2017 calendar year Statements of
Financial Interests provided on or about June 29, 2018, as filed by Shreckengost in
his capacity as a Clarion University Board of Trustees Member, confirmed that
Shreckengost's forms were backdated as indicated below:
Calendar Year Purported Date of Completion SEC Form Used
2014 02/14/2014 SEC -1, REV. 01118
2017 02/14/2017 SEC -1, REV. 01118
a. Shreckengost's Statement of Financial Interests forms for calendar years
2014 and 2017 contained dates of execution /completion which were factually
impossible, as SEC -1, REV. 01118 forms were not printed /distributed until
after December 15, 2017.
b. It was impossible for Shreckengost to have completed these forms on the
dates purported (as signed) as the forms had not yet then been printed and
distributed.
C. Shreckengost backdated the Statement of Financial Interests forms for
calendar years 2014 and 2017 to give the impression that the forms were
timely filed.
26. Shreckengost's backdated filings for calendar years 2014 and 2017 created the
impression that he was complying with the filing requirements of the law.
THE FOLLOWING FINDINGS RELATE TO SHRECKENGOST FAILING TO DISCLOSE
ALL REPORTABLE DIRECT OR INDIRECT SOURCE(S) OF INCOME ON STATEMENTS
OF FINANCIAL INTERESTS FILED FOR THE 2014, 20"15, 2016, AND 2017 CALENDAR
YEARS; FAILING TO DISCLOSE ALL REPORTABLE OFFICE, DIRECTORSHIP OR
EMPLOYMENT IN ANY AND ALL BUSINESS ENTITIES FOR THE 2013, 2014, 2015,
2016, AND 2017 CALENDAR YEARS; FAILING TO DISCLOSE ALL REPORTABLE
FINANCIAL INTEREST IN ANY BUSINESS FOR PROFIT FOR THE 2013, 2014, 2015,
2016, AND 2017 CALENDAR YEARS; FAILING TO IDENTIFY A GOVERNMENTAL
ENTITY FOR THE 2014 CALENDAR YEAR; AND PROVIDING NO RESPONSE AS TO
BLOCK 15 REQUIRING DISCLOSURE OF CERTAIN BUSINESS INTERESTS
TRANSFERRED TO A MEMBER OF IMMEDIATE FAMILY.
27. Information to be disclosed on Statements of Financial Interests filed by public
officials and public employees is set forth within 65 Pa.C.S. § 1105.
Pa Shreckengost, 18 -034
Page 6
28, Char -Val Candies, Incorporated, hereinafter referred to as "Char -Val," is a candy
making company located in New Bethlehem, Pennsylvania.
a. Char -Val is incorporated through the Pennsylvania Department of State
under Entity Number 699923.
29. Max -Jan Corporation is incorporated through the Pennsylvania Department of State
under Entity Number 248708.
a. Department of State records identify Shreckengost as the President of Max -
Jan Corporation.
b. Max -Jan Corporation previously operated under the name New Bethlehem
Bowling Lanes, Incorporated.
Articles of Amendment filed with the Pennsylvania Department of
State on August 1, 1977, effectively chappged the name of New
Bethlehem Bowling Lanes, Incorporated to max -Jan Corporation.
30. Shreckengost failed to disclose Max -Jan Corporation as a direct or indirect source
of income on his Statement of Financial Interest forms filed for calendar years 2014
through 2017 as mandated by 65 Pa.C.S. § 1105(b)(5).
a. Shreckengost is [now] retired and draws no income from Max -Jan
Corporation.
31. Shreckengost failed to disclose and/or identify his office, directorship or employment
in any business on his Statement of Financial Interests forms for calendar years
2013, 2014, 2015, 2016, and 2017 as mandated by 65 Pa.C.S. § 1105(b)(8).
a. Shreckengost failed to disclose his directorship with Max -Jan Corporation in
Block 13 of his Statement of Financial Interests forms for calendar years
2013 through 2017.
32. Shreckengost failed to disclose his reportable financial interest in any business for
rofit on his Statement of Financial Interests forms for calendar years 2013, 2014,
015, 2016, and 2017 as mandated by 65 Pa.C.S. § 1105(b)(9).
a. Shreckengost failed to disclose his ownership interest in Max -Jan
Corporation in Block 14 of his Statement of Financial Interests forms for
calendar years 2013 through 2017.
33. Shreckengost failed to disclose or otherwise identify the governmental entity for
which he served as a public official on his calendar year 2014 Statement of
Financial Interests form as mandated by 65 Pa.C.S. § 1105(a) and 65 Pa.C.S. §
1105(b)(1).
a. Shreckengost failed to identify Clarion University as the governmental entity
for which he served as a Member of its Board of Trustees.
b. Block 14 on Shreckengost's calendar year 2014 Statement of Financial
Interests form was blank.
34. Shreckengost failed to complete or otherwise disclose on his calendar year 2013
Statement of Financial Interests form [the information required by Block 15 of the
form, pertaining to disclosure of certain] business interests transferred to an
immediate family member.
Shreckengost, 18 -034
Page
a. Block 15 on Shreckengost's calendar year 2013 Statement of Financial
Interests form was blank.
35. On October 31, 2018, Shreckengost filed amended Statement of Financial Interests
forms with the State Ethics Commission, amending and correcting any deficient
filing(s).
Ill. DISCUSSION:
As a Member of the Board of Trustees of Clarion University of the Pennsylvania
State System of Higher Education since July 2001, Respondent Howard Shreckengost,
also referred to herein as "Respondent," "Respondent Shreckengost," and "Shreckengost,"
has been a public official subject to the provisions of the Public Official and Employee
Ethics Act ("Ethics Act "), 65 Pa.C.S. § 1101 et seg.
The allegations are that Shrecken ost violated Sections 1104(a), 1105(a),
11 05 b)(1), 1105(%5), 1105(b)(8), 1105(b (9 , and 1105(b)(10) of the Ethics Act when e:
1 failed to timely file Statement of Financial nterests forms for calendar years 2014 and
2017; (2 ) subsequently filed backdated Statement of Financial Interests forms for calendar
years 2014 and 2017 to give the impression that forms for those calendar years were
timely filed; (3) failed to disclose all reportable direct or indirect source(s) of income on
Statements of Financial Interests filed for the 2014, 2015, 2016, and 2017 calendar years;
(4) failed to disclose all reportable office, directorship or employment in any and all
business entities on Statements of Financial Interests filed for the 2013, 2014, 2015, 2016,
and 2017 calendar years; (5) failed to disclose all reportable financial interest in any
business for profit on Statements of Financial Interests filed for the 2013, 2014, 2015,
2016, and 2017 calendar years; (6) failed to identify a governmental entity on a Statement
of Financial Interests filed for the 2014 calendar year; and (7) provided no response as to
the information required by Block 15 of the form, pertaining to disclosure of certain
business interests transferred to a member of his immediate family.
Per the Consent Agreement of the parties, the Investigative Division has exercised
its prosecutorial discretion to nol pros the allegations under Section 11 05(b) of the Ethics
Act. Based upon the nol pros, we need not address the Section 1105(b) allegations no
longer before us.
Section 1104(a) of the Ethics Act provides that each public official /public employee
must file a Statement of Financial I nterests for the preceding calendar year, each year that
he holds the position and the year after he leaves it.
Section 1105(a) of the Ethics Act provides that the Statement of Financial Interests
shall be filed on the form prescribed by this Commission; that all information requested on
the form shall be provided to the best of the knowledge, information and belief of the filer;
and that the form shall be signed under oath or equivalent affirmation.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Shreckengost has served as a Member of the Clarion University Board of Trustees
since July 2001. Clarion University is part of the Pennsylvania State System of Higher
Education ( "PASSHE "). As a Member of the Clarion University Board of Trustees,
Shreckengost is required to annually file a Statement of Financial Interests by May 1.
Each year this Commission contracts for the printing of blank Statement of Financial
Interests forms. Each year the printed forms bear a revision number that enables this
Commission to determine when the forms were printed. Each year the Administrative
Shreckengost, 18 -034
Page 8
Division of this Commission receives the printed forms from the printer in December, prior
to January .1 of the filing ear. Forms are then bulk mailed to municipalities, state boards
and commissions, and sate agencies within the Commonwealth of Pennsylvania.
On or around January 6, 2015, Statement of Financial Interests forms for the 2014
calendar year were mailed to Clarion University. In February 2015, Linda Campbell, as the
Clarion University Assistant to the President, distributed the Statement of Financial
Interests forms for the 2014 calendar year to the Members of the Clarion University Board
of Trustees, including Shreckengost. At the February 15, 2015, meeting of the Clarion
University Board of Trustees, the Chairperson of the Board specifically reminded the
Members of the Board to complete and submit their Statement of Financial Interests forms
to this Commission by May 1, 2015.
On or around December 27, 2017, Statement of Financial Interests forms for the
2017 calendar year were mailed to Clarion University. In February 2018, Kristin Stiglitz
( "Stiglitz" , as the Clarion University Assistant to the President, distributed the Statement of
Financial as forms for the 2017 calendar year to Shreckengost and the other
Members of the Clarion University Board of Trustees. On February 14, 2018, Stiglitz
informed all Members of the Clarion University Board of Trustees via email of the
requirement to file a Statement of Financial Interests form with this Commission by May 1,
2018,
On June 4, 2018, this Commission conducted a compliance review of Statement of
Financial Interests forms for Members of the Clarion University Board of Trustees. On
June 19, 2018, this Commission provided PASSHE with a list of individuals who had failed
to file Statement of Financial Interests forms as Members of the Board of Trustees of a
PASSHE university. The list provided to PASSHE identified Shreckengost as having failed
to file Statements of Financial Interests for calendar years 2014, 2016, and 2017 as a
Member of the Clarion University Board of Trustees.
On June 20, 2018, a representative of PASSHE sent an email to Stiglitz to inform
her that Shreckengost had failed to file Statements of Financial Interests for calendar years
2014, 2016, and 2017. Stiglitz then contacted Shreckengost's private /personal secretary
via telephone to request that Shreckengost file the delinquent Statement of Financial
Interests forms for the 2014, 2016, and 2017 calendar years.
On or about June 28, 2018, Shreckengost completed Statement of Financial
Interests forms for calendar years 2014 and 2017 and provided them to Stiglitz.
Shreckengost also provided Stiglitz with a Statement of Financial Interests form for
calendar year 2016. Stiglitz then submitted Shreckengost's Statements of Financial
Interests for calendar years 2014, 2016, and 2017 to PASSHE via email. On or around
June 29, 2018, PASSHE submitted Shreckengost's Statements of Financial Interests for
calendar years 2014, 2016, and 2017 to this Commission via email.
Shreckengost's Statements of Financial Interests for calendar years 2014 and 2017
were signed with purported dates of completion of 02/14/2014 and 0211412017,
respectively. The Statements of Financial Interests for calendar years 2014 and 2017 were
completed using forms with the revision number of SEC -1, REV. 01118. It was impossible
for Shreckengost to have completed the Statement of Financial Interests forms for
calendar years 2014 and 2017 on the dates purported because the SECA, REV. 01118
form was not printed and distributed until after December 15, 2017. Shreckengost
backdated his Statement of Financial Interests forms for calendar years 2014 and 2017 to
� vae the impression that the forms were timely filed. With regard to Shreckengost's
ttement of Financial Interests form for calendar year 2016, the parties have stipulated
that no evidence of backdating exists on such form.
Having highlighted the Stipulated Findin .9s and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
Pa Shreckengost 18 -034
Page 9
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
The Investigative Division will recommend the following in
relation to the above allegations:
That a violation of Section 1105(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1105(a), occurred when Shreckengost failed to
timely file Statement of Financial Interests forms for
the 2014 and 2017 calendar years and
subsequently backdated those filings, to give the
impression that the forms were timely filed.
b. For purposes of this Consent Agreement only, the
allegation that a violation of Section 1104(a) of the
Public Official and Employee Ethics Act, 65 Pa.C.S.
1104ia), occurred when Shreckengost failed to
timely file Statement of Financial Interests forms for
calendar years 2014 and 2017, merges for
settlement purposes.
C. For purposes of this Consent Agreement only, the
allegations that a violation of Section 11052b)(1), (5),
{8), (9), and (10) of the Public Official and mplloyee
Ethics Act, 6 Pa.C.S. § 1105(b)(1), (5), (8), (9), and
(10), are hereby nolle prossed, as Respondent has
filed amended Statements of Financial Interests,
correcting all deficiencies.
Shreckengost agrees to make payment in the amount of
$250.00 in settlement of this matter payable to the
Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission within thirty (30) days
of the issuance of the final adjudication in this matter.
Shreckengost agrees to not accept any reimbursement,
compensation or other payment from the Pennsylvania State
System of Higher Education representing a full or partial
reimbursement of the amount paid in settlement of this matter.
The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does not
prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 1 -2.
In considering the Consent Agreement, we accept the parties' recommendations,
and we hold, that a violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a),
occurred when Shreckengost failed to timely file Statement of Financial Interests forms for
Shreckengost, 18 -034
Page
the 2014 and 2017 calendar years and subsequently backdated those filings to give the
impression that the forms were timely filed.
We further hold that for purposes of the parties' Consent Agreement only, the
allegations that a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a),
occurred when Shreckengost failed to timely file Statement of Financial Interests forms for
calendar years 2014 and 2017 merge for settlement purposes.
As part of the Consent Agreement, Shreckengost has agreed to make payment in
the amount of $250.00 payable to the Commonwealth of Pennsylvania, with such payment
forwarded to this Commission within thin (30 days of the issuance of the final
adjudication in this matter. Shreckengost has further agreed to not accept any
reimbursement, compensation or other payment from PASSHE representing a full or partial
reimbursement of the amount paid in settlement of this matter.
We note that the Consent Agreement provides that Shreckengost has filed
amended Statements of Financial Interests, correcting all deficiencies.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Per the Consent Agreement of the parties, Shreckengost is directed to make
payment in the amount of $250.00 payable to the Commonwealth of Pennsylvania, with
such payment forwarded to this Commission by no later than the thirtieth (30'r') day after
the mailing date of this adjudication and Order.
Per the Consent Agreement of the parties, Shreckengost is further directed to not
accept any reimbursement, compensation or other payment from PASSHE representing a
full or partial reimbursement of the amount paid in settlement of this matter.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a Member of the Board of Trustees of Clarion University of the Pennsylvania
State System of Higher Education since July 2001, Respondent Howard
Shreckengost ( "Shreckengost ") has been a public official subject to the provisions of
the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Shreckengost violated Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a),
when he failed to timely file Statement of Financial Interests forms for the 2014 and
2017 calendar years and subsequently backdated those filings to give the
impression that the forms were timely filed.
3. For pur oses of the parties' Consent Agreement only, the allegation that a violation
of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
Shreckengost failed to timely file Statement of Financial Interests forms for calendar
years 2014 and 2017 merges for settlement purposes.
In Re: Howard Shreckengost,
Respondent
File Docket: 18 -034
Date Decided: 516119
Date Mailed: 5113119
ORDER NO. 1754
1. As a Member of the Board of Trustees of Clarion University of the Pennsylvania
State System of Higher Education, Howard Shreckengost ( "Shreckengost ") violated
Section 1105 {a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa.C.S. § 1105(a), when he failed to timely file Statement of Financial Interests
forms for the 2014 and 2017 calendar years and subsequently backdated those
filings to give the impression that the forms were timely filed.
2. For purposes of the parties' Consent Agreement only, the allegation that a violation
of Section 1104(a) of the Ethics Act, 65 Pa.C.S. 1104(a), occurred when
Shreckengost failed to timely file Statement of Financia Interes s forms for calendar
years 2014 and 2017 merges for settlement purposes.
3. Per the Consent Agreement of the parties, Shreckengost is directed to make
pa ment in the amount of $250.00 payable to the Commonwealth of Pennsylvania,
with such payment forwarded to the Pennsylvania State Ethics Commission by no
later than the thirtieth (30th) day after the mailing date of this Order.
4. Per the Consent Agreement of the parties, Shreckengost is further directed to not
accept any reimbursement, compensation or other payment from the Pennsylvania
State System of Higher Education representing a full or partial reimbursement of the
amount paid in settlement of this matter.
5. Compliance with paragraphs 3 and 4 of this Order will result in the closing of this
case with no further action by this Commission.
Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Y
• ,1 • -