HomeMy WebLinkAbout007-S EverittSTATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 783 -1610
IN RE: JACQUELYN G. EVERITT : File Docket: 92 -020 -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 sea. 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. A letter Answer was filed and 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 §2.38.
Jacquelyn G. Everitt
April 27, 1992
Page 2
I. FINDINGS:
1. Respondent Jacquelyn G. Everitt is an adult individual who
resides or maintains a mailing address at R.D. #1, Box 312,
Mifflintown, Pennsylvania 17059.
2. At all times relevant to these proceedings, Respondent has
been a Member of the Juniata County Board of Assistance.
(a) Respondent specifically held the aforesaid position in
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 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) Respondent states that she does not recall receiving the
Notice letter dated June 18, 1991, and that if it reached
her, it must have been misplaced.
(b) The Notice letter was incorrectly addressed to R.D. 1,
Box 197, Mifflintown, Pennsylvania 17059.
5. Respondent did not file a Statement of Financial Interests
with the State Ethics Commission and the Governor's Office `d `
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 incorrectly addressed to R.D.
1, Box 197, Mifflintown, Pennsylvania 17059.
(b) Respondent received the Order to Show Cause having timely
filed a letter Answer responding to same.
Jacquelyn G. Everitt
April 27, 1992
Page 3
7. Respondent filed a Statement of Financial Interests for
calendar year 1990 after receiving the Order to Show Cause.
II. DISCUSSION:
Respondent has been a Member of the Juniata County Board of
Assistance at all times relevant to these proceedings. Respondent
specifically held the aforesaid position in 1990.
As a Member of the Juniata 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.
§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. §S404,405.
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).
Factually, Respondent has not denied her failure to timely
file a Statement of Financial Interests for calendar year 1990 with
the State Ethics Commission and the Governor's Office of
Administration. Respondent is deemed to admit the delinquency of
her Statement of Financial Interests for calendar year 1990, which
constitutes a failure to comply with Sections 4 and 5 of the Ethics
Law. However, Respondent states that she does not recall receiving
the June 18, 1991 Notice letter, and that if it reached her, it
must have been misplaced. The service of a Notice letter in accor-
dance with Section 7(5) is a prerequisite to the levying of a civil
penalty under Section 9(f) of the Ethics Law. 65 P.S. S409(f).
Respondent's allegations that she does not recall receiving
the Notice letter and /or that it may have been misplaced, even if
Jacquelyn G. Everitt
April 27, 1992
Page 4
true, would not invalidate service of the Notice letter upon the
Respondent. However, the said Notice letter and the Order to Show
Cause were issued to Respondent at an incorrect address,
specifically Box #197 instead of Box #312. Despite this error,
Respondent undoubtedly received the Order to Show Cause, as
evidenced by her timely filing of a response to same.
Nevertheless, under the circumstances of this case, it is likely
that Respondent may not have received the required Notice letter.
We would further note that Respondent has filed a Statement of
Financial Interests dated March 25, 1992 for calendar year 1990
after receiving the Order to Show Cause.
Based upon the totality of circumstances in this case, no
civil penalty shall be levied in this case.
III. CONCLUSIONS OF LAW:
1. Respondent Jacquelyn G. Everitt was at all times relevant to
these proceedings a Member of the Juniata County Board of
Assistance and as such she 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. Respondent was not properly served with Notice of the
delinquency of her Statement of Financial Interests for
calendar year 1990, which is a prerequisite to levying a civil
penalty under Section 9(f) of the Ethics Law.
5. Following the issuance of the Order to Show Cause, Respondent
filed a Statement of Financial Interests for calendar year
1990 dated March 25, 1992.
6. Based upon the totality of the circumstances in this case, no
civil penalty shall be levied against Respondent in this
matter.
IN RE: JACQUELYN G. EVERITT : File Docket: 92 -020 -P
: Date Decided: April 23, 1992
Respondent : Date Mailed: April 27 , 1992
OQ'7 S
ORDER No.-me-
1. Jacquelyn G. Everitt, as a Member of the Juniata County Board
of Assistance, 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. 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 Jacquelyn
,G. Everitt.
BY THE COMMISSION,
4 0•=6:- . ex/
Dennis C. Harrington, Chair