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