Loading...
HomeMy WebLinkAbout025-S CopeIN RE: D. JEAN COPE Respondent STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 : File Docket: 92 -017 -P : Date Decided: Juae 23, l9t2; 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 Egg. 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. D. Jean Cope June 29, 1992 Page 2 I. FINDINGS: 1. Respondent D. Jean Cope is an adult individual who resides or maintains a mailing address at 12A Montgomery Village, Danville, Pennsylvania 17821. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the Montour County Board of Assistance. Respondent has been a Member of the Montour County Board of Assistance since her appointment by Governor Thornburgh on March 31, 1981. (b) Respondent specifically held the aforesaid position in calendar year 1990. (c) Respondent admits that she is subject to the provisions of the Ethics Law. 3. The public records of the State Ethics Commission reflect that 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. (a) Respondent states that she did file the required Statement of Financial Interests but concedes that it was probably filed late. (b) Respondent avers that late filing of the aforesaid Statement is excusable as there was just cause for the tardy filing due to Respondent's various specified serious health problems from 1987 to the present; the serious health problems and eventual demise of Respondent's mother on December 14, 1991; and the stress and strain from the aforementioned factors, all of which Respondent alleges caused her to miss work, caused her to be unable to easily discharge her regular duties, and affected her ability to function efficiently. 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 (a) D. Jean Cope Jane 29, 1992 Page 3 the date of the Notice letter. (a) Respondent does not deny receiving the June 18, 1991 Notice letter, but states that she does not specifically recall receiving it. (b) Respondent acknowledges receiving correspondence from this Commission but states that she does not recall when it was received as it was during the period of the aforesaid health problems suffered by Respondent and her mother. 5. The public records of the State Ethics Commission reflect that 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 recalls that she did file a Statement of Financial Interests for 1990 but that it probably was a late filing. 6. Respondent admits that Two Hundred Fifty Dollars ($250.00) is the maximum civil penalty which could be imposed against her in this matter. (a) For the aforesaid reasons alleged by Respondent, Respondent denies that it would be appropriate to impose a civil penalty upon her. (b) Respondent alleges that the health problems of herself and her mother are mitigating circumstances in this matter, and requests that this Commission not impose a civil penalty upon her. 7. As a matter of public record, Respondent filed a Statement of Financial Interests for calendar year 1990 after receiving the Order to Show-Cause which Statement of Financial Interests is dated April 23, 1992, and was received by this Commission on April 28, 1992. II. DISCUSSION: Respondent is now and at all times relevant to these proceeding has been a Member of the Montour County Board of Assistance. Respondent has been a Member of the Montour County Board of Assistance since her appointment by Governor Thornburgh on March 31, 1981, and Respondent specifically held the aforesaid position in 1990. D. Jean Cope June 29, 1992 Page 4 As a Member of the Montour 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, al sac., 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. SS404,405. 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. S409(f). An application of Section (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. Respondent has admitted that Two Hundred Fifty Dollars ($250.00) is the maximum civil penalty which could be imposed against her in this matter. 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. Respondent does not deny receiving the June 18, 1991 Notice letter. She states that she does not specifically recall receiving said letter but does acknowledge that she received correspondence from the Commission during the period of the health problems suffered by her D. Jean Cope June 29, 1992 Page 5 and her mother. 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). This prerequisite has been met in this case. Respondent's averment that she does not specifically recall receiving the Notice letter would not invalidate service of the Notice letter upon her. The public records of the State Ethics Commission reflect that 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 Commission 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's Answer to the Order to Show Cause fails to show cause why a civil penalty should not be levied against Respondent in this matter. Although Respondent alleges that she did file the Statement of Financial Interests while conceding that it would have been late, the public records of the State Ethics Commission have no indication of any such alleged filing until April 28, 1992 after the Order to Show Cause had been issued to Respondent. Respondent's recollection of such a filing is simply insufficient in and of itself to overcome the public records of this Commission. We would parenthetically note that Respondent has admitted that her memory is unclear as to mailings which she received from the Commission during this same time period. The severe adversities suffered by the Respondent are taken into consideration, however, in determining the amount of the civil penalty to be assessed. Respondent has alleged various specific severe health problems suffered by herself from 1987 to the present and suffered by her mother who died on December 14, 1991. Respondent has alleged that the aforesaid circumstances resulted in stress and strain which caused her to miss work and to be unable to easily discharge her regular duties and which affected her ability to function efficiently. We would further note that following the issuance of the Order to Show Cause, Respondent did file a Statement of Financial Interests for calendar year 1990. On the other hand, the public records of the State Ethics Commission reflect that Respondent has a history of delinquency with regard to filing Statements of Financial Interests. Respondent has previously been served with Notices of the delinquency of her Statements of Financial Interests for other calendar years, specifically calendar years 1987, 1988, and 1989. Although these filings were also due during the alleged period of adversities suffered by Respondent, these repeated delinquencies may not be ignored in determining this matter. D. Jean Cope June 29, 1992 Page 6 Based upon the totality of the circumstances in this case, we hereby levy one civil penalty against Respondent D. Jean Cope in the total amount of Two Hundred Dollars ($200.00). In levying the aforesaid civil penalty, we are cognizant that we could assess a per diem civil penalty against Respondent up to the total maximtim amount of Two Hundred Fifty Dollars ($250) allowed by the Ethics Law, but have determined that an appropriate exercise of our discretion in this case would be to assess a lesser civil penalty in the total amount of $200.00. III. CONCLUSIONS OF LAW: 1. Respondent D. Jean Cope is now and at all times relevant to these proceedings has been a Member of the Montour 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. Notice of Respondent's delinquent 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. S407(5). 6. The public records of the State Ethics Commission reflect that 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. Following the issuance of the Order to Show Cause, Respondent filed a Statement of Financial Interests for calendar year 1990 dated April 23, 1992. 8. Based upon the totality of the circumstances in this case, a total civil penalty in the amount of Two Hundred Dollars ($200.00) shall be levied against Respondent in this matter. IN RE: D. JEAN COPE Respondent : Pile Docket: 92 -017 -P Date Decided: June 23, 1992 : Date Mailed: June q9 1992 ORDEF1 NO. 025 -S 1. D. Jean Cope, as a Member of the Montour 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. Based upon the circumstances of this case, a total civil penalty in the amount of Two Hundred Dollars ($200.00) is hereby levied against Respondent D. Jean Cope. Respondent is ordered to pay the above civil penalty in the total amount of $200.00 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. Failure to comply with any provision of this Order will result in the initiation of appropriate enforcement action. BY THE COMMISSION, James M. Howley, C •