Loading...
HomeMy WebLinkAbout008-S BollingerSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 IN RE: RUBY L. BOLLINGER : File Docket: 92 -009 -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 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 52.38. Ruby L. Bollinger April 27, 1992 Page 2 I. FINDINGS: 1. Respondent Ruby L. Bollinger is an adult individual who resides or maintains a mailing address at 2300 Junction Road, Manheim, Pennsylvania 17545. 2. At all times relevant to these proceedings, Respondent has been a Member of the State Board of Nursing. (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 does not specifically deny service of the June 18, 1991 Notice letter upon her. (b) The Notice letter was incorrectly addressed to R.D. 7, Box 182, Manheim, Pennsylvania 17545. 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. (a) Respondent states that she has a copy of her Statement of Financial Interests which she signed dated September 10, 1991. (b) As a matter of public record, Respondent's Statement of Financial Interests dated September 10, 1991 for calendar year 1990 was not received by this Commission at anytime prior to the issuance of the Order to Show Cause against Respondent. Ruby L. Bollinger April 27, 1992 Page 3 (c) Respondent has subsequently submitted a copy of a Statement of Financial Interests dated September 10, 1991, for calendar year 1990, together with a different form not promulgated by this Commission, which forms were received by this Commission on April 8, 1992. (d) Respondent states that she filed the two forms together, and she is not sure why this Commission does not have a record of receiving the filing. 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. 7, Box 182, Manheim, Pennsylvania 17545. (b) Respondent received the Order to Show Cause having timely filed a letter Answer responding to same. II. DISCUSSION Respondent has been a Member of the State Board of Nursing at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1990. As a Member of the State Board of Nursing, Respondent is a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. 5401, et sgq., 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. 55404,405. 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). Ruby L. Bollinger April 27, 1992 Page 4 Factually, Respondent has not specifically 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. Indeed, the form which Respondent submitted after receiving the Order to Show Cause is dated September 10, 1991, which is not only more than four months after the May 1, 1991 deadline, but is more than two months after the fourteen day grace period provided by the June 18, 1991 Notice letter. Thus, this Commission would not be precluded from levying a civil penalty against Respondent merely on the basis of her alleged filing. However, the service of a Notice letter in accordance 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). The said Notice letter and the Order to Show Cause were issued to Respondent at R.D. 7, Box 182, Manheim, Pennsylvania 17545. This appears to be an incorrect address, because Respondent's prior Statements of Financial Interests for prior years, as a matter of public record, do not indicate Box 182 as her address. Some prior filings indicate Box 424, and the filing for calendar year 1989 indicates the 2300 Junction Road address. Despite this apparent 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 the Statement of Financial Interests dated September 10, 1991 for calendar year 1990, which Respondent submitted after receiving the Order to Show Cause, is technically deficient because blocks 6 and 7 are not completed. Based upon the totality of circumstances in this case, no civil penalty shall be levied in this case. Respondent shall be ordered to file an amended, complete and accurate Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS OF LAW: 1. Respondent Ruby L. Bollinger was at all times relevant to these proceedings a Member of the State Board of Nursing, 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. Ruby L. Bollinger April 27, 1992 Page 5 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 submitted a Statement of Financial Interests for calendar year 1990 dated September 10, 1991, which is technically-deficient in that blocks 6 and 7 are not completed. 6. Based upon the totality of the circumstances in this case, no civil penalty shall be levied against Respondent in this matter. 7. Respondent shall be ordered to file an amended, 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: RUBY L. BOLLINGER : File Docket: 92 -009 -P : Date Decided: April 23. 1992 Respondent : Date Mailed: April 27. 1992 008 ORDER NO: 841- 1. Ruby L. Bollinger, as a Member of the State Board of Nursing, 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, no civil penalty shall be levied against Ruby L. Bollinger. 3. Ruby L. Bollinger is directed within 30 days of issuance of this Order to file an amended, 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 and signed under oath or equivalent affirmation. 4. Failure to comply with any provision of this Order will result in the initiation of appropriate enforcement action. BY THE COMMISSION, Dennis C. Harrington, Chair