HomeMy WebLinkAbout018-S TracySTATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
IN RE: DEWVAUL W. TRACY, JR. : File Docket: 92 -049 -P
: Date Decided: June 23, 1992
Respondent : Date Mailed: June 29, 1992
Before:
James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
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 mg. 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 and a hearing was
deemed 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.
Dewvaul W. Tracy, Jr.
June 29, 1992
Page 2
I. FINDINGS:
1. Respondent Dewvaul W. Tracy, Jr. is an adult individual who
resides or maintains a mailing address at P.O. Box 102, Lake
Lynn, Pennsylvania 15451.
2. At all times relevant to these proceedings, Respondent has
been a Member of the Fayette County Board of Assistance.
(a) Respondent specifically held the aforesaid position in
1991.
3. Respondent did not file a Statement of Financial Interests for
calendar year 1990 with the State Ethics Commission and the
Governor's Office of Administration on or before May 1, 1991.
4. A Notice letter dated June 18, 1991 was served upon 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.
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. The public records of the State Ethics Commission reflect that
Respondent has previously been served with Notices of the
delinquency of his Statements of Financial Interests for other
calendar years, specifically calendar years 1987, 1988 and
1989.
II. DISCUSSION:
Respondent has been a Member of the Fayette County Board of
Assistance at all times relevant to these proceedings. Respondent
specifically held the aforesaid position in 1991.
As a Member of the Fayette 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.
S401, gt seg. , and as such, Respondent is subject to the provisions
of the Ethics Law.
Dewvaul W. Tracy, Jr.
June 29, 1992
Page 3
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).
An application of Section 9(f) to this case establishes that
this Commission has the discretion to levy a maximum civil penalty
against the Respondent for the delinquent Statement of Financial
Interests for calendar year 1990.
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.
Pursuant to Section 7(5) of the Ethics Law, a Notice letter
dated June 18, 1991 was issued to Respondent notifying Respondent
in detail of 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 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. 5409(f). This prerequisite has been
met in this case.
Upon being notified of the above transgression, Respondent did
not remedy the failure to file a Statement of Financial Interests
for calendar year 1990 although given fourteen days from the date
of the aforesaid Notice letter in which to do so. This 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 Respondent. Respondent did
Dewvaul W. Tracy, Jr.
June 29, 1992
Page 4
not file an answer to the Order a defense or excuse for Responder �
Respondent's which would constitute s
failure to comply with the Ethics Respondent be levied failed
show cause why a civil penalty should not
Respondent in this matter.
We would further note that the public records of the State
Ethics Commission reflect that Respondent has previously been
served with Notices of the delinquency of his Statements of
Financial Interests for other calendar years. It is clear that as
a Member of the Fayette County Board of Assistance, Respondent
knows that he is a public official al required nd 5 of the Et meats o f
Fina Interests pursuant to
upon the totality of circumstances in this case, we
hereby levy one civil penalty against Respondent Dewvaul W. Tracy,
Jr. at the rate of $25.00 per day, for each day Respondent's
Statement of Financial Interests for calendar year 1990 has c the
remained delinquent. Given the number r of remained dur nqu hi h the
Statement of Financial Interests has
amount to be levied against Respondent is $250.00.
Respondent shall for calendar year 199accurate acurate
Statement of Financ ial
III. CONCLUSIONS OF LAW:
1. At all times relevant to these proceedings, Rs arlden Boa d
W. Tracy, Jr.- has been a Member of the Fayette
Assistance and as such Respondent has at all times relevant to
these proceedings been a "public official" as that term is
defined in the Ethics Law.
2. Pursuant to Section 4 of the Ethics Law, Respondent is
required to file the Statement of Financial Interests each
year Respondent holds the above position and the year after
leaving said position.
3. Respondent was required by the Ethics 1 f i le Statetet
of Financial Interests for calendar year
Ethics Commission and the Governor's Office of Administration,
which Statement of Financial Interests was due no later than
May 1, 1991.
4. 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.
Dewvaul W. Tracy, Jr.
June 29, 1992
Page 5
5. Notice of the delinquency of Respondent's Statement of
Financial Interests for calendar year 1990 was previously
served upon Respondent in accordance with Section 7(5) of the
Ethics Law, 65 P.S. $407(5).
6. Respondent failed to remedy the delinquency of Respondent's
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.
7. Based upon the totality-of the circumstances in this case, one
civil penalty shall be levied against Respondent for
Respondent's delinquent Statement of Financial Interests for
calendar year 1990, at the rate of $25.00 per day for each day
said Statement of Financial Interests has remained delinquent,
resulting in the total civil penalty of $250.00.
8. Respondent shall further be ordered to file an accurate d
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: DEWVAUL W. TRACY, JR. : File Docket: 92 -049 -P
Date Decided: June 23. 1992_
Respondent Date Mailed: June 29. 19
ORDER NO. 018 -
Dewvaul W. Tracy, Jr., as a Member of the Fayette County Board
of Assistance, failed to comply with Sections 4 and 5 of the
Ethics Law, 65 P.S. 55404, 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, this Commission
hereby levies one civil penalty against o Respondent Dewvau each l W.
Tracy, Jr. at the rate of $25.00 per day
Respondent's Statement of Financial Interests for calendar
year 1990 has remained delinquent, for the total ls civil enaltl
of $250.00. Respondent is ordered to pay
penalty in the total amount of $250.00 within thirty days of .
the issuance of this Order, by forwarding a check to this
Commission payable to the Commonwealth of Pennsylvania for
deposit in the State Treasury.
3. Respondent Dewvaul W. Tracy, Jr. is directed within 30 days of
issuance of this Order to file a complete and accurate
Statement of Financial Interests for calendar year 1990 with
the State Ethics roommissionl Governor's disc disclosure as
Administration, providing full financial
required by the Ethics Law.
4. Failure to comply with any provision of this Order will result
in the initiation of an appropriate enforcement action.
BY THE COMMISSION,
Jame s M. Howley, !III.._