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Home My WebLink About022-S AbbadiniSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 IN RE: LOU ANN S. ABBADINI : File Docket: 92 -001 -P : Date Decided: June ?3, 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. §401 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. An 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. Lou Ann S. Abbadini June 29, 1992 Page 2 I. BINDINGS: 1. Respondent Lou Ann S. Abbadini is an adult individual who resides or maintains a mailing address at 580 Elm Drive, Waynesburg, Pennsylvania 15370. (a) Respondent states that her address changed four times in 1991, as follows: (1) R.D. #6, Box 55 Waynesburg, PA 15370 (2) 80 Crabapple Drive Waynesburg, PA 15370 (3) 303 Second Avenue Waynesburg, PA 15370 (4) 580 Elm Drive Waynesburg, PA 15370 (b) As a matter of public record, Respondent's Statement of Financial Interests filed in 1990 for calendar year 1989 indicates the second address listed above in 1(a). 2. Respondent is now and at all times relevant to these proceedings has been a Member of the Greene 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. (a) Respondent states that she admits that she apparently did not file a Statement of Financial Interests for calendar year 1990, but denies ever receiving one to file due to numerous address changes. 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 Lou Ann S. Abbadini June 29, 1992 Page 3 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 did not receive the Notice letter dated June 18, 1991, which Respondent attributes to the numerous address changes. (b) The Notice letter was addressed to Respondent's former address at R.D. 6, Box 55, Waynesburg, Pennsylvania 15370. 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's former address at R.D. 6, Box 55, Waynesburg, Pennsylvania 15370. (b) Respondent received the Order to Show Cause having filed an Answer responding to same. 7. Respondent states that there were mitigating circumstances as to why Respondent did not file a Statement of Financial Interests for calendar year 1990 and asks that a civil penalty not be assessed. 8. Respondent filed a Statement of Financial Interests for calendar year 1990 after receiving the Order to Show Cause. II. DISCUSSION: Respondent is now and at all times relevant to these proceedings has been a Member of the Greene County Board of Assistance. Respondent specifically held the aforesaid position in 1990. As a Member of the Greene 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, et Am., 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 Lou Ann S. Abbadini June 29, 1992 Page 4 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: (f) In addition to any other civil remedy or criminal penalty prov,ded 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 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. Respondent has admitted that she apparently did not file a Statement of Financial Interests for calendar year 1990, but denies receiving one to file due to numerous address changes. 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. §409(f). The Commission issued a Notice letter to Respondent notifying her of the above transgression, but the said Notice letter bore an address which was no longer current. Respondent denies receiving the Notice letter dated June 18, 1991, which Respondent attributes to her numerous address changes. Respondent has alleged four address changes in 1991. In this regard, it is noted that as a matter of public record, the second alleged address at 80 Crabapple Drive was listed on Respondent's Statement of 'Financial Interests for calendar year 1989. Thus, although the timeframe alleged by the Respondent for her address changes appears to inaccurate, it is clear that her address had changed from that used in the Notice letter and Order to Show Cause. Respondent undoubtedly received the Order to Show Cause which bore the former address, as evidenced by her filing of a response to same. Nevertheless, it is likely under the circumstances of this case, given Respondent's numerous address changes, that Respondent may not have received the required Notice letter. We would further note that following the issuance of the Order to Show Cause, Respondent filed a Statement of Financial Interests Lou Ann S. Abbadini June 29, 1992 Page 5 dated March 30, 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 are filed in a timely and proper manner as required by the Ethics Law. III. CONCLUSIONS OF LAW: 1. Respondent Lou Ann S. Abbadini is now and at all times relevant to these proceedings has been a Member of the Greene County Board of Assistance and as such Respondent is 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 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. 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. 5. As a result of numerous address changes, 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. 6. 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 are filed in a timely and proper fashion as required by the Ethics Law. IN RE: LOU ANN S. ABBADINI : File Docket: 92 -001 -P Date Decided: June 23 1,92 Respondent : Date Mailed: June 29, 1992 ORDER NO. 022 -S 1. Lou Ann S. Abbadini, as a Member of the Greene County Board of Assistance 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 Lou Ann S. Abbadini. 3. Lou , Ann S. Abbadini is cautioned to ensure that in the future, her Statements of Financial Interests are filed in a timely and proper fashion as required by the Ethics Law. BY THE COMMISSION,