HomeMy WebLinkAbout1768 McGrewPHONE: 717-783-1610
TOLL FREE: 1-800-932-0936
In Re: Wayne McGrew,
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
WEBSITE: www.ethics.pa.gov
19-016
Order No. 1768
1 /22/20
1 /29120
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 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"), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. A
Stipulation of Findings and a Consent Xg-reement 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.
I. ALLEGATION:
That Wayne McGrew, a public official/public employee in his capacity as a Member
of the Board of Trustees of Torrance State Hospital, violated Section 1104(a) of the State
Ethics Act (Act 93 of 1998) when he failed to file Statements of Financial Interests for
calendar years 2014, 2015, and 2016 by the May 15t filing deadline of each subsequent
year; and when he subsequently filed backdated Statement of Financial Interests forms
for calendar years 2014, 2015, and 2016 to give the impression that the forms had been
timely filed.
II. FINDINGS:
1. Wayne McGrew ("McGrew") has served as a Member of the Board of Trustees of
Torrance State Hospital ("Torrance") from June 6, 2012, to the present.
a. McGrew was appointed to the Torrance Board of Trustees by Pennsylvania
Governor Tom Corbett.
2. Additionally, McGrew serves as the Chief Public Defender of Westmoreland
County.
a. McGrew has continually served as the Chief Public Defender of
Westmoreland County since 2012.
3. Torrance is a Commonwealth -owned mental health facility.
a. Torrance was initially opened in 1919.
McGrew, 19-016
a�
b. Torrance operates three distinct programs (Civil, Forensic, and Sexual
Responsibility and Treatment Program.
4. Torrance is governed by a nine -Member Board of Trustees.
a. Members of the Torrance Board of Trustees are nominated and appointed
by the Governor of Pennsylvania upon the advice and consent of the
Pennsylvania Senate.
b. The Torrance Board of Trustees convenes four times per year.
C. Members of the Torrance Board of Trustees are not compensated for their
service.
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 1st 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 backdate the form.
7. The Pennsylvania State Ethics Commission ("Commission") annually contracts for
the printing of blank Statement 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
Commission and/or governmental entities in December, prior to January 1st
of the filing year.
The printing company directly distributes the forms to all
governmental entities to which forms cannot be delivered through
inner -State mail.
8. Hollace Gallardy t
mer) and/or Roweena Miller (current) Administrative Assistant
and Secretary of Torrance Board of Trustees were responsible for distributing
Statement of Financial Interests forms to Members of the Torrance Board of
Trustees, including McGrew, from 2014 through 2018.
a. Gallardy/Miller distributed Statement of Financial Interests forms each year
via hand delivery, mail, or email to Members of the Torrance Board of
Trustees.
b. After receiving the Statement of Financial Interests form, it is each individual
Board Member's responsibility to accurately complete the form and file it
with the Commission.
1. Statement of Financial Interests forms can be mailed through the
U.S. Postal Service or filed electronically online through the
Commission's website.
C. In addition to filing with the Commission, copies of Statement of Financial
McGrew, 19-016
a� ge T_
Interests forms filed by each Member of the Torrance Board of Trustees
were to be maintained at Torrance.
9. McGrew, in his capacities as a Member of the Torrance Board of Trustees and as
Chief Public Defender of Westmoreland County, is annually required to file a
Statement of Financial Interests form by May 1st, with information pertaining to the
prior calendar year.
10. McGrew, in his capacity as Chief Public Defender of Westmoreland County, timely
filed his annual Statement of Financial Interests forms in Westmoreland County for
the following calendar years:
a. 2014: filed on or about 1/12/2015;
2015: filed on or about 3/15/2016; and
2016: filed on or about 21812017.
b. McGrew asserts that he also timely provided Statement of Financial
Interests forms for 2014, 2015, and 2016 to the administrative staff at
Torrance.
No forms for 2014, 2015 or 2016 were located at Torrance, nor were
forms for those years filed with the Commission.
11. McGrew, as a Member of the Torrance Board of Trustees, has been provided with
blank Statement of Financial Interests forms for completion each year during his
tenure.
a. Miller mailed or emailed the Statement of Financial Interests forms for
calendar year 2016 to each Board Member in 2017.
b. During the March 30, 2017, legislative meeting, Miller reminded the
Members of the Torrance Board of Trustees to file Statement of Financial
Interests forms for calendar year 2016 with the Commission by May 1 st.
Gallardy/Miller typically reminded the Members of the Torrance
Board of Trustees as a group of their obligation to file Statement of
Financial Interests forms prior to May 1st
12. In June 2018, the Commission conducted a Statement of Financial Interests
compliance review of the Torrance Board of Trustees.
13. On August 28, 2018, Torrance was provided with a list by the Commission of
individual Members of the Torrance Board of Trustees who had failed to timely file
Statement of Financial Interests forms with the Commission.
a. The purpose of notifying Torrance was to gain compliance from individual
Members of the Torrance Board of Trustees who had failed to file
Statements of Financial Interests for the listed years.
14. McGrew was identified as a Member of the Torrance Board of Trustees who had
failed to file Statements of Financial Interests for calendar years 2013, 2014, 2015,
and 2016 with the Commission.
15. On September 26, 2018, Miller emailed McGrew and other Members of the
Torrance Board of Trustees, stating that the Commission would be sending first
notice letters requesting Members who were non -filers to file Statement of
Financial Interests forms for calendar years 2013 through 2017.
McGrew,
al� 19-016
9
a. Miller stated that she "... did find a few missing ones and re -submitted them.
If I happen to find additional ones, I can submit them and I will let the
individual Trustee know that one was found."
b. On September 26, 2018, McGrew responded to Miller's email, stating "I
believe that I have filed one every year but if I am missing one, will you let
me know?"
C. McGrew maintained Statement of Financial Interests filings with
Westmoreland County relative to his position as a Westmoreland County
public official/public employee.
16. On October 12, 2018, Miller emailed Leticia Powell, Director of Administration for
the Commission, stating, "Hi Leticia, Mr. McGrew brought the attached statements
for 2014-2016 to me at the Board of Trustees meeting yesterday. You should have
everything for him now."
a. The email contained three attachments which were McGrew's Statements
of Financial Interests for calendar years 2014, 2015, and 2016.
17. A review by Commission staff of the Statement of Financial Interests forms for
calendar years 2014, 2015, and 2016 provided on October 12, 2018, as filed by
McGrew in his capacity as a Member of the Torrance Board of Trustees, confirmed
that McGrew's forms were backdated as indicated below:
Calendar Year Purported Date of Completion SEC Form Used
2014 01/12/2015 SEC-1, REV. 01118
2015 03/15/2016 SEC-1, REV. 01/18
2016 02/08/2017 SEC-1, REV. 01/18
a. McGrew's Statement of Financial Interests forms for the Torrance Board of
Trustees for calendar years 2014, 2015, and 2016 contained dates of
execution/completion which were factually impossible, as SEC-1, REV.
01/18 forms were not printed/distributed until December 26, 2017, at the
earliest.
b. McGrew's backdated filings for the 2014, 2015, and 2016 calendar years
created the impression that the forms were timely filed.
C. McGrew later indicated that he was trying to recreate the Statement of
Financial Interests forms for the Torrance Board of Trustees which he
believed had been timely provided to the administrative staff at Torrance
and additionally believed were later lost.
18. On September 20, 2019, McGrew filed amended Statement of Financial Interests
forms for calendar years 2014, 2015, and 2016 with the Commission.
a. McGrew's amended filings contained no deficiencies and
corrected/amended any prior deficient/delinquent filings.
Ill. DISCUSSION:
As a Member of the Board of Trustees ("Board of Trustees") of Torrance State
Hospital ("Torrance") from June 6, 2012, to the present, Respondent Wayne McGrew,
also referred to herein as "Respondent," "Respondent McGrew,' and "McGrew," has been
McGrew, 19-016
a�5--
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 allegation is that McGrew violated Section 1104(a) of the Ethics Act when he
failed to file Statements of Financial Interests for calendar years 2014, 2015, and 2016
by the May 1 filing deadline of each subsequent year, and when he subsequently filed
backdated Statement of Financial Interests forms for calendar years 2014, 2015, and
2016 to give the impression that the forms had been timely filed.
Section 1104(a) of the Ethics Act provides that each public official/public employee
must file a Statement of Financial Interests for the preceding calendar year, each year
that he holds the position and the year after he leaves it.
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.
McGrew has served as a Member of the Torrance Board of Trustees from June 6,
2012, to the present. Torrance is a Commonwealth -owned mental health facility. As a
Member of the Torrance Board of Trustees, McGrew 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. The printed forms are received by the Administrative Division
of this Commission and/or governmental entities in December, prior to January 1 of the
filing year. Instructions accompanying the Statement of Financial Interests forms clearly
state to sign the form, to enter the current date, and to not backdate the form.
Each year from 2014 through 2018, Hollace Gallardy ("Gallardy") or Roweena
Miller ("Miller'), as an Administrative Assistant and Secretary to the Torrance Board of
Trustees, distributed Statement of Financial Interests forms to each Member of the
Torrance Board of Trustees, including McGrew, via hand delivery, mail, or email. Gallardy
and Miller typically reminded the Members of the Torrance Board of Trustees, as a group,
of their obliggation to file Statement of Financial Interests forms prior to May 1. Each
Member of the Torrance Board of Trustees was responsible for accurately completing the
Statement of Financial Interests form and filing it with this Commission.
In June 2018, this Commission conducted a compliance review of Statement of
Financial Interest forms for Members of the Torrance Board of Trustees. No forms for
McGrew for calendar years 2014, 2015, or 2016 were on file with this Commission.
On August 28, 2018, this Commission provided Torrance with a list of Members of
the Torrance Board of Trustees who had failed to timely file Statement of Financial
Interests forms with this Commission. The list provided to Torrance identified McGrew as
having failed to file Statements of Financial Interests for calendar years 2013, 2014, 2015,
and 2016.
On September 26, 2018, Miller sent an email to McGrew and other Members of
the Torrance Board of Trustees in which she stated that this Commission would be
sending first notice letters requesting Members who were non -filers to file Statement of
Financial Interests forms for calendar years 2013 through 2017. Miller further stated "[1I
did find a few missing ones and re -submitted them. If I happen to find additional ones,
can submit them and I will let the individual Trustee know that one was found." McGrew
responded to Miller's email, stating "I believe that I have filed one every year but if I am
missing one, will you let me know."
On October 12, 2018, Miller sent an email to Leticia Powell, Director of
Administration for this Commission, in which she stated "Hi Leticia, Mr. McGrew brought
McGrew, 19-016
a�6--
the attached statements for 2014-2016 to me at the Board of Trustees meeting yesterday.
You should have everything for him now." McGrew's Statements of Financial Interests
for calendar years 2014, 2015, and 2016 were attached to Miller's email. The Statements
of Financial Interests were signed with({purported dates of comddppletion as follows: (1)
3 calendar calendars year 2016 dated 0ted 12/08/20;17. The State2) calendarment o F Fear inancial Interests ated �o each
and
of)the aforesaid calendar years was completed using a form with the revision number of
SEC-1, REV. 01118. It was impossible for McGrew to have completed the Statement of
Financial Interests forms on the dates purported because the SEC-1, REV. 01118 form
was not printed and distributed until December 26, 2017, at the earliest.
McGrew's backdated Statement of Financial Interests forms for calendar years
2014, 2015, and 2016 created the impression that the forms were timely filed. McGrew
later indicated that he was trying to recreate the Statement of Financial Interests forms,
which he believed had been timely provided to the administrative staff at Torrance and
later lost.
On September 20, 2019, McGrew filed amended Statement of Financial Interest
forms for calendar years 2014, 2015, and 2016 with this Commission. McGrew's
amended filings contained no deficiencies and corrected or amended any prior deficient
or delinquent filings.
Having highlighted the Stipulated Findings and issues before us, we shall now
apply the Ethics Act to determine the proper disposition of this case.
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 1104(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a), occurred when McGrew failed to timely
file Statement of Financial Interests forms for
the 2014, 2015, and 2016 calendar gears and
subsequently submitted backdated filings.
4. McGrew agrees to make payment in the amount of $500.00
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.
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 apppropriate
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 agree with the parties, and we hold,
that a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
McGrew, 19-016
a�
McGrew failed to timely file Statement of Financial Interests forms for the 2014, 2015,
and 2016 calendar years and subsequently submitted backdated filings.
As art of the Consent Agreement, McGrew has agreed to make payment in the
amount ofp$500.00 payable to the Commonwealth of Pennsylvania, with such payment
forwarded to this Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
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.
Accordingly, per the Consent Agreement of the parties, McGrew is directed to
make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania,
with such payment forwarded to this Commission by no later than the thirtieth (30th) day
after the mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. hfoncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a Member of the Board of Trustees of Torrance State Hospital from June 6,
2012, to the present, Respondent Wayne McGrew ("McGrew") 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.
2. McGrew violated Section 1104(a) of the Ethics Act, 65 Pa,C.S. § 1104a�, when
he failed to timely file Statement of Financial Interests forms for the 20 , 2015,
and 2016 calendar years and subsequently submitted backdated filings.
In Re: Wayne McGrew,
Respondent
File Docket: 19-016
Date Decided: 1/22/20
Date Mailed: 1/29/20
ORDER NO. 1768
1. As a Member of the Board of Trustees of Torrance State Hospital, Wayne McGrew
McGrew") violated Section 1104(a) of the Public Official and Employee Ethics
t ("Ethics Act"), 65 Pa.C.S. § 1104 a , when he failed to time)y file Statement of
Financial Interests forms for the 294, 2015, and 2016 calendar years and
subsequently submitted backdated filings.
2. Per the Consent Agreement of the parties, McGrew is directed to make payment
in the amount of $500.00 payable to the Commonwealth of Pennsylvania, with
such payment forwarded to the Pennsylvania State Ethics Commission by no later
than the thirtieth (30#h) day after the mailing date of this Order.
3. Compliance with paragraph 2 of this Order will result in the closing of this case with
no further action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,