HomeMy WebLinkAbout004-S AdamsSTATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
IN RE: LOUISE E. ADAMS : File Docket: 92 -003 -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. S401 et seq. 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 S2.38.
Louise E. Adams
April 27, 1992
Page 2
I. FINDINGS:
1. Respondent Louise E. Adams is an adult individual who resides
or maintains a mailing address at 424 Beverly Boulevard, Upper
Darby, Pennsylvania 19082.
2. Respondent is now and at all times relevant to these
proceedings has been a Member of the Commonwealth of
Pennsylvania Council on the Arts.
(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 her Statements of Financial Interests for other
calendar years, specifically calendar years 1987 and 1989.
II. DISCUSSION:
Respondent has been a Member of the Commonwealth of
Pennsylvania Council on the Arts at all times relevant to these
proceedings. Respondent specifically held the aforesaid position
in 1990.
As a Member of the Commonwealth of Pennsylvania Council on the
Arts, Respondent is a "public official" as that term is defined
Louise E. Adams
April 27, 1992
Page 3
under the Public Official and Employee Ethics Law ( "Ethics Law "),
65 P.S. $401, et seg., 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. $$404,405.
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. $409(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,
Louise E. Adams
April 27, 1992
Page 4
Respondent has previously been served with Notices of the
delinquency of her Statements of Financial Interests for other
calendar years, specifically the 1987 and 1989 calendar years. It
is clear that as a Member of the Commonwealth of Pennsylvania
Council on the Arts, Respondent knows that she 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 Louise E. Adams 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 Louise E. Adams is now and at all times relevant to
these proceedings has been a Member of the Commonwealth of
Pennsylvania Council on the Arts 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. S407(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
Louise E. Adams
April 27, 1992
Page 5
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: LOUISE E. ADAMS
Respondent
File Docket: 92 -003 -P
Date Decided: April 23, 1992
Date Mailed: April 27, 1992
004 -S
ORDER NO.-83Y
1. Louise E. Adams, as a Member of the Commonwealth of
Pennsylvania Council on the Arts failed to comply with
Sections 4 and 5 of the Ethics Law, 65 P.S. SS404, 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 Louise E.
Adams, 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 Louise E. Adams 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,
Dennis C. Harrington, Chair