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HomeMy WebLinkAbout006-S BelkSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 IN RE: PHYLLIS GREEN BELK File Docket: 92 -006 -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. Rluger 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 ec P.S. 5401 et s. 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, but a letter was received. A hearing was 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. Phyllis Green Belk April 27, 1992 Page 2 I. FINDINGS: 1. Respondent Phyllis Green Belk is an adult individual who resides or maintains a mailing address at 392 New Market, Wilkes- Barre, Pennsylvania 18702. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the Pennsylvania Commission for Women. (a) Respondent states that as a Member of the said Commission, she provides voluntary services to the Commonwealth. 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. (a) Respondent states that she was confused about what filings were initially required. (b) Respondent states that she filed the Governor's Code of Conduct Statement of Financial Interests and did not realize that there was another form which applied to her. 4. A Notice letter dated June 18, 1991 was issued to 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. (a.) The Notice letter was addressed to Respondent at 224 South Franklin Street, Wilkes - Barre, Pennsylvania 18702. (b) Respondent states that she never received the June 18, 1991 Notice letter. (c) Respondent states that she moved in the spring of 1991, and did not receive mailings from this Commission until March, 1992. (d) Respondent states that the mailing which she received in March, 1992, from this Commission included a copy of the Phyllis Green Belk April 27, 1992 Page 3 June 18, 1991 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. An Order to Show Cause was issued to Respondent in this matter on March 16, 1992. (a) The Order to Show Cause was addressed to Respondent at 224 South Franklin Street, Wilkes - Barre, Pennsylvania 18702. (b) Respondent received the Order to Show Cause having filed a letter dated March 23, 1992, styled as a "notice of appeal," responding to same. (c) Respondent states that she received this mailing from the Commission at her new address having been forwarded from her old address. 7. Respondent filed a Statement of Financial Interests for calendar year 1990 after receiving the Order to Show Cause. (a) Respondent states that her Statement of Financial Interests for calendar year 1990 is very simple, with no business holdings, no financial interests, no gifts, no real estate, and no creditors. II. DISCUSSION: Respondent is now and at all times relevant to these proceedings has been a Member of the Pennsylvania Commission for Women. As a Member of the Pennsylvania Commission for Women, Respondent is a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. §401, et sea., and as such, 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: Phyllis Green Belk April 27, 1992 Page 4 (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). 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 the issuance of the June 18, 1991 Notice letter notifying Respondent 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 her. Although Respondent failed to file a formal Answer to the Order to Show Cause, she has proffered several explanations for the delinquency. The public records of the State Ethics Commission as to the Respondent reveal that this is not a situation of repeated non - compliance. Rather, it appears that Respondent is new to the Pennsylvania Commission for Women and that the 1990 calendar year was the first filing required of her for that position. We would further note that following the issuance of the Order to Show Cause, Respondent promptly filed a Statement of Financial Interests dated March 22, 1992, for calendar year 1990. Based upon the totality of circumstances in this case, no civil penalty shall be levied in this case. Respondent is cautioned to ensure that in the future, her Statements of Financial Interests as required by the Ethics Law are filed in a timely and proper manner. III. CONCLUSIONS OF LAW: 1. Respondent Phyllis Green Belk is now and at all times relevant to these proceedings has been a Member of the Pennsylvania Commission for Women and as such Respondent is a "public official" as that term is defined in the Ethics Law. Phyllis Green Belk April 27, 1992 Page 5 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 issued to Respondent in accordance with Section 7(5) of the Ethics Law, 65 P.S. 5407(5). 5. Respondent failed to remedy the delinquency of her 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. Following the issuance of the Order to Show Cause, Respondent filed a Statement of Financial Interests for calendar year 1990 dated March 22, 1992. 7. Based upon the totality of the circumstances in this case, no civil penalty shall be levied against Respondent in this matter. Respondent shall be cautioned to ensure that in the future, her Statements of Financial Interests as required by the Ethics Law are filed in a timely and proper fashion. IN RE: PHYLLIS GREEN BELK : File Docket: 92 -006 -P : Date Decided: April. 23, 1992 Respondent : Date Mailed: April 27, 1992 00(o -S ORDER NO.139 1. Phyllis Green Belk, as a Member of the Pennsylvania Commission for Women 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. Given that the 1990 calendar year Statement of Financial Interests has been filed and based upon the circumstances of this case, no civil penalty shall be levied against Phyllis Green Belk. 3. Phyllis Green Belk is cautioned to ensure that in the future, her Statements of Financial Interests as required by the Ethics Law are filed in a timely and proper fashion. BY THE COMMISSION, Dennis C. Harrington, Chair