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