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,