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HomeMy WebLinkAbout028-S KratzerIN RE: GUT L. KRATZER Respondent STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 : File Docket: 92 -029 -P : Date Decided: June 23, 1992 Date Mailed: June 29, 1992 Before: James M. Howley, Chair Daneen E. Reese, Vice Chair Dennis C. Harrington 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. §401 et seg. 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 §2.38. Guy L. Kratzer June 29, 1992 Page 2 I. FINDINGS: 1. Respondent Guy L. Kratzer is an adult individual who resides or maintains a mailing address at 1447 Hamilton Street, Allentown, Pennsylvania 18102. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the State Board of Medicine. (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. As a matter of public record, on April 28, 1992, the State Ethics Commission received from the Governor's Office of Administration, a document entitled "Statement" from Respondent to the Secretary of Administration dated April 16, 1992. (a) Respondent states that as a physician he is very sensitive to anything pertaining to ethics. (b) Respondent states that he is aware that a Code of Conduct Statement of Financial Interest must be filed each year, and that the Governor's Code of Conduct (Executive Order 1980) and the Ethics Lava require this. (c) Respondent states that upon receiving notice from this Commission that he had not filed a "return" for calendar year 1990, he immediately checked his files and called Guy L. Rrataer June 29, 1992 Page 3 the Assistant Counsel for this Commission. (d) Respondent states that he found the report completed and signed, as well as a letter from his accountant, Mr. David C. Gehringer, indicating that the completed Code of Conduct Statement of Financial Interest that had been enclosed should be reviewed, dated and mailed in an enclosed envelope. II. DISCUSSION: Respondent states that he signed as indicated but inadvertently placed everything in his personal file. Respondent states that the failure to file the form for calendar year 1990 was his fault, and states that it is not the penalty but the ethics problem which concerns him. 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 22, 1992 and was received by this Commission on April 27, 1992. Respondent is now and at all times relevant to these proceedings has been a Member of the State Board of Medicine. Respondent specifically held the aforesaid position in 1991. As a Member of the State Board of Medicine, 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 sec., 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. §S404,405. 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 Guy L. Rratzer June 29, 1992 Page 6 1990 dated April 22, 1992 and received by this Commission on April 27, 1992. 8. 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. IN RE: GUY L. KRATZER Respondent : File Docket: 92 -029 -P Date Decided: June 23. 1992 Date Mailed: June 29. 1992 ORDER NO. 028 -S 1. Guy L. Kratzer, as a Member of the State Board of Medicine, failed to comply with Sections 4 and 5 of the Ethics Law, 65 P.S. S §404, 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 Respondent Guy L. Kratzer at the rate of $25.00 per day for each day Respondent's Statement of Financial Interests for calendar year 1990 has remained delinquent, for the total civil penalty of $250.00. Respondent is ordered to pay the above civil 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. 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, y,