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HomeMy WebLinkAbout001-S CerraIN RE: JAMES A. CERRA Respondent STATE ETHICS COMMISSION 309 FINANCE BUILDING PO. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 File Docket: 92 -015 -P : Date Decided: April 23, 1992 : Date Mailed: April 21, 1992 Before: Dennis C. Harrington, Chair James M. Howley, Vice Chair Daneen E. Reese Roy W. Wilt Austin M. Lee Allan M. Kluger The State Ethics Commission received information regarding possible violation(s) of Section 4 and /or Section 5 of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, 65 P.S. S401 et sec,. Written Notice was mailed to Respondent in accordance with Section (7)(5) of the Ethics Law, as to which there was no response. A Notice and Order to Show Cause was issued and served upon Respondent. An Answer was not filed and a hearing was deemed waived. The record is complete. This adjudication of the Commission is hereby issued, which sets forth Findings of Fact, Discussion, Conclusions of Law and Order. This Adjudication is final and is a public document. Reconsideration may be requested. A request for reconsideration, however, does not affect the finality of this adjudication. A reconsideration request must be received at this Commission within fifteen days of issuance and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §2.38. James A. Cerra April 27, 1992 Page 2 I. FINDINGS: 1. Respondent James A. Cerra is an adult individual who resides or maintains a mailing address at 993 Jackson Avenue Extension, Warren, Pennsylvania 16365. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the Warren County Board of Assistance. (a) Respondent specifically held the aforesaid position in calendar year 1990. 3. Respondent did not file a Statement of Financial Interests with the State Ethics Commission and the Governor's Office of Administration for calendar year 1990, on or before May 1, 1991. 4. A Notice letter dated June 18, 1991 was served upon Respondent by this Commission. The said Notice letter stated in detail the specific allegations against Respondent concerning the delinquency of Respondent's Statement of Financial Interests for calendar year 1990 and the penalties for failure to file or for filing a deficient Statement of Financial. Interests. The 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 1990 within fourteen (14) days of the date of the Notice letter. 5. Respondent did not file a Statement of Financial Interests with the State Ethics Commission and the Governor's Office of Administration for calendar year 1990 within fourteen days of . the date of the said Notice letter. 6. The public records of the State Ethics Commission indicate that Respondent has previously been served. with Notices of the delinquency of his Statements of Financial Interests for other calendar years. II. DISCUSSION: Respondent has been a Member of the Warren County Board of Assistance at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1990. As a Member of the Warren County Board of Assistance, Respondent is a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. James A. Cerra April 27, 1992 Page 3 S401, et je ,. , and as such, Respondent is subject to the provisions of the Ethics Law. Pursuant to Sections 4 and 5 of the Ethics Law, Respondent was required to file a Statement of Financial Interests providing complete financial disclosure for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration by May 1, 1991. 65 P.S. SS404,405. Section 9(f) of the Ethics Law provides as follows: (f) In addition to any other civil remedy or criminal penalty provided for in this act, the commission may, after notice has been served it accordance with section 7(5) and upon a majority vote of its members, levy a civil penalty upon any person subject to this act 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 P.S. S409(f). An application of Section 9(f) to this case establishes that this Commission has the discretion to levy a maximum civil penalty against the Respondent for the delinquent Statement of Financial Interests for calendar year 1990. Factually, Respondent failed to timely file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration, which constitutes a failure to comply with Sections 4 and 5 of the Ethics Law. Furthermore, upon being notified of the above transgression, Respondent did not remedy this failure to comply with the Ethics Law although given fourteen days from the date of the Notice letter in which to do so. This Commission then instituted formal proceedings against Respondent by issuing an Order to Show Cause, ordering Respondent to show cause why a civil penalty should not be levied against Respondent. Respondent did not file an answer to the Order to Show Cause. There is nothing of record which would constitute a defense or excuse. for Respondent's violation of the Ethics Law. Respondent has failed to show cause why a civil penalty should not be levied against Respondent in this matter. We would further note that as a matter of public record, Respondent has previously been served with Notices of the James A. Cerra April 27, 1992 Page 4 delinquency of his Statements of Financial Interests for other calendar years. It is clear that as a Member of the Warren County Board of Assistance, Respondent knows that he is a public official required to file a Statement of Financial Interests pursuant to Sections 4 and 5 of the Ethics Law. Based upon the totality of circumstances in this case, we hereby levy one civil penalty against Respondent James A. Cerra at the rate of $25 per day, for each day Respondent's Statement of Financial Interests for calendar year 1990 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 Respondent is $250. Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS OF LAW: 1. Respondent James A. Cerra is now and at all times relevant to these proceedings has been a Member of the Warren County Board of Assistance and as such Respondent is a "public official" as that term is defined in the Ethics Law. 2. Respondent was required by the Ethics Law to file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration, which Statement of Financial Interests was due no later than May 1, 1991. 3. Respondent failed to comply with the requirements of Sections 4 and 5 of the Ethics Law when Respondent failed to timely file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration. 4. Notice of Respondent's delinquent Statement of Financial Interests for calendar year 1990 was previously served upon Respondent in accordance with Section 7(5) of the Ethics Law, 65 P.S. 5407(5). 5. Respondent failed to remedy the delinquency of Respondent's Statement of Financial Interests for calendar year 1990, although Respondent was given fourteen (14) days from the date of the aforesaid Notice letter in which to do so. 6. Based upon the totality of the circumstances in this case, one civil penalty shall be assessed against Respondent for Respondent's delinquent Statement of Financial Interests for James A. Cerra April 27, 1992 Page 5 calendar year 1990, at a rate of $25 per day for each day said Statement of Financial Interests has remained delinquent, resulting in the total civil penalty of $250. 7. Respondent shall further be ordered to file an accurate and complete Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration, providing full financial disclosure as required by the Ethics Law and signed under oath or equivalent affirmation. IN RE: JAMES A. CERRA Respondent : File Docket: 92 -015 -P Date Decided: April 23, 1992 Date Mailed: April 27, 1,992 oor -5 ORDER NO. -83* 1. James A. Cerra, as a Member of the Warren County Board of Assistance failed to comply with Sections 4 and 5 of the Ethics Law, 65 P.S. §S404, 405, by failing to timely file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration. 2. Based upon the circumstances of this case, this Commission hereby levies one civil penalty against Respondent James A. Cerra, at the rate of $25 per day for each day Respondent's Statement of Financial Interests for calendar year 1990 has remained delinquent, for the total civil penalty of $250. Respondent is ordered to pay the above civil penalty in the total amount of $250 within thirty days of the issuance of this Order, by forwarding a check to this Commission payable to the Commonwealth of Pennsylvania for deposit in the State Treasury. 3. Respondent James A. Cerra is directed within 30 days of issuance of this Order to file a complete and accurate Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration, providing full financial disclosure as required by the Ethics Law. 4. Failure to comply with any of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, Dennis C. Harrington, Chair