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In Re-, Ryan Jack,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, IDA 17120-0400
File Docket:
X-ref:
Date Decided
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: www.ethics,pa.go
19-030-P
Order No. 647-S
9/26/19
10/18/19
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
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
fileTpursuanf to Sections 1104 and 1105 of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et§�pg.
The Investigative Division initiated these proceedings 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 bthe Respondent, and a
hearing was deemed waived. The record is complete. The indin s in this Order are
derive from the Petition for Civil Penalties filed by the Investigative givision.
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 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 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 2017, which Statement of Financial Interests was to be filed b� May 1 of 2018,
and Respondent has therefore transgressed Sections 1104 and 1 05 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated December 17, 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
b� 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.
Jack 19-030-P
VK6_6 2
By Notice letter dated February 15, 2019, Respondent was served with Notice in
accordance with Section 1' 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
b� filingan 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.
7. Section 11 09(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. § 11109ft
For each violation the Commission finds, Respondent is subject to civil penalty
liability under Section 1109(o of the Ethics Act, 65 Pa.C.S. § 11 at a rate of not
more than er day for each day the Statement of Financial 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.
Ill. DISCUSSION.:
As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services ("Department of Human Services"), Ryan Jack ("Jack") was at all times relevantto
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 secl. See, Quaglia v. State Ethics
Commission, 986 A.2d 974 Pa. Cmwlth. 2010), amencTed-Fv, NOTO'Pa. Commw. LEXIS 8
T—a. Cmwlth. January 5, 20� 0), allocatur denied, 607 Pa. 708, 4 A.3d 1056 (2010) .
Pursuant to Section 11 04(a) of the Ethics Act, Jack was specifically required to file a
Statement of Financial Interests for calendar year 2017 with the Department of Human
Services on or before May 1, 2018. See, Quaglia, supra. 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
Jack,19-030-P
Fa_g6 3
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 oflinancial 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 Jack as an Income Maintenance
Caseworker for the Department of Human Services was required to provide in the
Statement of Financial Interests farm 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. § 1109ft
An application of Section 11 09(f) to this case establishes that this Commission has
the discretion to levy a maximum civil enalty against Jack for the delinquent Statement of
Financial Interests for calendar year Y101 7.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Jack 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 Jack by filing with the State Ethics Commission
and serving upon Jack a Petition for Civil Penalties. The Commission Chair issued an
Order to Show Cause, ordering Jack to show cause why a civil penalty should not be levied
against him. Jack did not file an answer to the Order to Show Cause. There is nothing of
record that would constitute a defense or excuse for Jack's failure to comply with the Ethics
Act. Jack has failed to show cause why a civil penalty should not be levied against him in
this matter.
We find that Jack, as an Income Maintenance Caseworker for the Department of
Human Services, failed to compl with Section 1104(a) of the Ethics Act, 6 Pa.C.S,4
1104(a), when he failed to file a Wtatement of Financial Interests for calendar year 2017
with the Department of Human Services.
We hereby levy one maximum civil penalty against Jack at the rate of Twenty -Five
Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar year
Jack, 19-030-P
F-a—ge 4
2017 has remained delinquent. Given the number of days durin which the Statement of
Financial Interests has remained delinquent, the resultant amoun?to be levied against Jack
is Two Hundred and Fifty Dollars ($250.00).
Jack shall be ordered to make r)avment of the above civil penaltyn the amount of
1h) day after the mailing date this adjudication
$250.00 by no later than the thirtieth (30 0
and Order, by forwarding a check to this Commission made payable to the Commonwealth
of Pennsylvania, for deposit in the State Treasury.
Jack shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2017 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.
111111. CONCLUSIONS OF LAW:
1 Ryan Jack ("Jack"), as an IncMaintenance Caseworker for the Pennsylvaniaep Department
of
Human Services, was
was at
t al
l
times
relevant
to these proceedings a
"public employee"' sub ect to the
provisions
of t he Public Official and Employee
Ethics
Act ("Ethics
h
cs Actj), 65 Pa.C. 1101
et e q
2. Jack, as an Income Maintenance Caseworker for the Pennsylvania Department of
Human Services, failed to comply with Section I I 04(a) of the Ethics Act, 65 Pa.C.S.
L11 04(a), when he failed to file a Statement of Financial Interests for calendar year
17 with the Pennsylvania Department of Human Services.
3. Notice of the delinquency of Jack's Statement of Financial Interests for calendar
year 2017 was previously served upon him in accordance with Section 1107(5) of
he Ethics Act, 65 Pa. C. S. § 1107(6).
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: Ryan Jack, File Docket: 19-030-P
Respondent Date Decided: 9/26/19
Date Mailed: 10/18/19
ORDER NO. 647-S
Ryan Jack ("Jack"), as an Income Maintenance Caseworker for the Pennsylvania
Demartmentof Human Services, failed to co plwith Section 1104(a) of the Public
,o
0 icial and Employee Ethics Act ("EthicsAct'}, 65 Pa.C.S. § 11104a�,when he
failed to file a Statement of Financial Interests for calendar year 2 7 with the
Pennsylvania Department of Human Services.
This Commission hereby levies one maximum civil penalty ag
ainst Jack 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). Jack is ordered to pa y said civil penalty in
the total amount of $250.00 by no later than the thirtieth (30" 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,
Jack is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2017 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.
Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,