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HomeMy WebLinkAbout026-S CeliaSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE(717)783-1610 IN RE: GREGORY J. CELIA, JR. File Docket: 92 -014 -P Date Decided: June 23. 19 ,2 Respondent : Date Mailed: June 29. 192 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 seq. 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 52.38. Gregory J. Celia, Jr. June 29, 1992 Page 2 I. 7INDINGS 1. Respondent Gregory J. Celia, Jr. is an adult individual who resides or maintains a mailing address at 117 North Mary Street, Lancaster, Pennsylvania 17603. (a) Respondent states that he moved to his present address at 117 North Mary Street, Lancaster, Pennsylvania 17603 on July 1, 1991. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the Pennsylvania Human Relations Commission. (a) Respondent specifically held the aforesaid position in 1990. (b) Respondent admits that he is subject to the provisions of the Ethics Law. 3. The public records of the State Ethics Commission reflect that as of May 1, 1991, Respondent did not file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission or, based upon information received, with the Governor's Office of Administration. (a) Respondent denies the allegation that he failed to 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. (b) Respondent states that to his recollection, the Statement of Financial Interests for calendar year 1990 was submitted and that his "past record" indicates same. (c) Respondent has not submitted any other averments or evidence to support recollection of filing the Statement of Financial Interests for calendar year 1990, nor has Respondent submitted a copy of such a filing. 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 Gregory J. Celia, Jr. June 29, 1992 Page 3 the date of the Notice letter. (a) Respondent states that he never received the said Notice letter. (b) Respondent states that he was in the midst of a move. (c) In response to allegation 5 in the Order to Show Cause, Respondent states that "it" could have been misplaced, without designating whether the word "it" refers to the aforesaid Notice letter or a Statement of Financial Interests. 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) In response to allegation 5 in the Order to Show Cause, Respondent states that "it" could have been misplaced without designating whether the word "it" refers to the aforesaid Notice letter or a Statement of Financial Interests. 6. Respondent states that he understands Section 9(f) of the Ethics Law. 7. Respondent denies that there are no mitigating circumstances such that he should be assessed the maximum civil penalty of Two Hundred Fifty Dollars ($250.00). (a) Respondent states that he has always complied in the past and will comply in the future. II. DISCUSSION: Respondent is now and at all times relevant to these proceedings has been a Member of the Pennsylvania Human Relations Commission. Respondent specifically held the aforesaid position in 1990. As a Member of the Pennsylvania Human Relations Commission, Respondent is a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. 5401, gt fee . , 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 Gregory J. Celia, Jr. 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. § 5404,405. 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. §409(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, the public records of the State Ethics Commission reflect that as of May 1, 1991, Respondent did not file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission or, based upon information received, with 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. First, although Respondent states that he never received the Notice letter, the mere denial of receipt, by itself, is insufficient to rebut the presumption of receipt.1 Further, although Respondent avers that he was in the midst of a move, the alleged date of the move was not until July 1, 1991 -- approximately two weeks after the Notice letter was issued to Respondent. Finally, in paragraph 5 of Respondent's Answer, Respondent ambiguously states that "it" could have been misplaced, Gregory J. Celia, Jr. June 29, 1992 Page 5 without specifying whether he is referring to the aforesaid Notice letter or to a Statement of Financial Interests. Even if he is referring to the Notice letter, the proper service of the Notice letter would not be invalidated just because the Respondent may have misplaced it. 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. First, although Respondent denies the allegation that he failed to file a Statement of Financial Interests for calendar year 1990, he offers no support for his denial other than simply stating that to his recollection the form was submitted and that his "past record" indicates same. Respondent's mere recollection of a filing is simply insufficient in and of itself to overcome the public records of this Commission. Furthermore, it is unclear what Respondent means by his "past record." If he is referring to his own copies of the forms, he has failed to produce any copy of a form for calendar year 1990. If he is referring to his past record of filings for other calendar years, such would not constitute an absolute defense as to calendar year 1990, but would at best be a mitigating circumstance. Finally, as for Respondent's aforesaid ambiguous statement in paragraph 5 of his Answer, if it is meant to aver that a Statement of Financial Interests could have been misplaced, such vague speculation is insufficient to show cause why a civil penalty should not be levied against Respondent. As for mitigating circumstances, Respondent states that he has always complied in the past and will comply in the future. The public records of the State Ethics Commission do indeed reflect that Respondent timely filed Statements of Financial Interests for calendar years 1988 and 1989, and most recently for calendar year 1991. Respondent filed a delinquent Statement of Financial Interests for calendar year 1987 after a Notice letter had been issued to him. Based upon the totality of circumstances in this case, we hereby levy one civil penalty against Respondent Gregory J. Celia, Jr. in the total amount of One Hundred Fifty Dollars ($150.00). In Gregory J. Celia, Jr. June 29, 1992 Page 6 levying the aforesaid civil penalty, we are cognizant that we could assess a per diem civil penalty against Respondent up to the total maximum amount of Two Hundred Fifty Dollars ($250.00) 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 $150.00. Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS OF LAW: 1. Respondent Gregory J. Celia, Jr. is now and at all times relevant to these proceedings has been a Member of the Pennsylvania Human Relations Commission 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 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, a total civil penalty in the amount of One Hundred Fifty Dollars ($150.00) shall be levied against Respondent in this matter. 9. Respondent shall further be ordered to file an accurate and Gregory J. Celia, Jr. June 29, 1992 Page 7 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: GREGORY J. CELIA, JR. : File Docket: 92 -014 -P Date Decided: June 23, 19.9 2 Respondent Date Mailed: June 29, 1992 ORDER NO. 026 -S 1. Gregory J. Celia, Jr., as a Member of the Pennsylvania Human Relations Commission, 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 One Hundred Fifty Dollars ($150.00) is hereby levied against Respondent Gregory J. Celia, Jr. Respondent is ordered to pay the above civil penalty in the total amount of $150.00 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 Gregory J. Celia, 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 Commission and the Governor's Office of Administration, providing full financial disclosure as 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, James M. Howley,