The URL can be used to link to this page

Home My WebLink About002-S CogginsSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 IN RE: ELLEN M. COGGINS : File Docket: 92 -016 -P : Date Decided: April 23, 1992 Respondent Date Mailed: April 27, 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. 5401 et s_g. 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 52.38. Ellen M. Coggins April 27, 1992 Page 2 I. FINDINGS: 1. Respondent Ellen M. Coggins is an adult individual who resides or maintains a mailing address at 2401 Rudy Road, Harrisburg, Pennsylvania 17104. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the State Board of Funeral Directors. (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. II. DISCUSSION: Respondent has been a Member of the State Board of Funeral Directors at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1990. As a Member of the State Board Respondent is a "public official" as that Public Official and Employee Ethics Law S401, Zing., and as such, Respondent is of the Ethics Law. of Funeral Directors, term is defined under- the ( "Ethics Law "), 65 P.S. subject to the provisions Pursuant to Sections 4 and 5 of the Ethics Law, Respondent was required to file a Statement of Financial Interests providing Ellen M. Coggins April 27, 1992 Page 3 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 in 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. 5409(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. Based upon the totality of circumstances in this case, we hereby levy one .civil penalty against Respondent Ellen M. Coggins 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. Ellen M. Coggins April 27, 1992 Page 4 Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS QF LAW: 1. Respondent Ellen M. Coggins is now and at all times relevant to these proceedings has been a Member of the State Board of Funeral Directors 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 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: ELLEN M. COGGINS : File Docket: 92 -016 -P Date Decided: April 23, 1992 Respondent : Date Mailed: April 27, 1992 ood.-S ORDER NO, - 83fr 1. Ellen M. Coggins, as a Member of the State Board of Funeral Directors 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 Ellen M. Coggins, 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 Ellen M. Coggins 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 provision of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, 4 &I Dennis C. Harrington, Chair