The URL can be used to link to this page

Home My WebLink About043-S LeachIN RE: DAYLIN LEACH Respondent Before: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG. PENNSYLVANIA 17120 File Docket: 92 -056 -P Date Decided: December 10, 1992 Date Mailed: December 15, 1992 James M. Howley, Chair Daneen E. Reese, Vice Chair 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 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 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(b),(c). Daylin Leach December 15, 1992 Page 2 I. FINDINGS: 1. Respondent Daylin Leach is an adult individual who resides or maintains a mailing address at 513 Benner Road, Allentown, Pennsylvania 18104. (a) Respondent denies residing or maintaining a mailing address at 323 Springhouse Road #10, Allentown, Pennsylvania 18104. (b) Respondent avers that since February 23, 1991, Respondent's sole residence and mailing address has been 513 Benner Road, Allentown, Pennsylvania 18104. (c) Respondent further states, "Despite repeated attempts to notify the State Ethics Commission of this change of address, the [State Ethics Commission] seems unwilling or unable to acknowledge this change and act upon it." 2. At all times relevant to these proceedings, Respondent has been a Member of the Lehigh County Board of Assistance. (a) Respondent resigned the aforesaid position on or about September 11, 1991. 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 denies that Respondent has failed to provide any full financial disclosure as required by the Ethics Law. (b) Respondent avers that Respondent has mailed to the State Ethics Commission all Financial Disclosure Statements which were provided to the Respondent in a timely manner. 4. The records of the State Ethics Commission reflect that 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 the date of the Notice letter. Daylin Leach December 15, 1992 Page 3 (a) The records of the State Ethics Commission reflect that the Notice letter was addressed to Respondent at 323 Springhouse Road #10, Allentown, Pennsylvania 18104. (b) Respondent denies that Respondent was served with Notice in accordance with Section 7(5) of the Ethics Law of the specific allegations concerning the alleged transgres- sion. (c) Respondent states: "Apparently, the State Ethics Commission continued to find the Respondent's change of address to be challenging." (d) Respondent avers that if the Notice letter was mailed at all, it was most likely mailed to the wrong address and not forwarded to his new address. 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 avers that he replied to each and every notice, form, request or contact initiated by the Ethics Commission or any other state agency in a timely manner. 6. An Order to Show Cause was issued to Respondent in this matter on May 22, 1992. (a) The Order to Show Cause was addressed to 323 Springhouse Road #10, Allentown, Pennsylvania 18104. (b) Respondent received the Order to Show Cause having timely filed an Answer responding to same. 7. Respondent denies that any civil penalty whatsoever would be appropriate in this case. (a) Respondent denies that there are no mitigating circumstances. (b) Respondent avers that it is a mitigation that Respondent never received any ethics form which he did not fill out nor did he ever receive any Notice of any delinquency. (c) Respondent avers that he remains ready, willing and able to fill out any, ethics form or financial disclosure statement that he is provided with in a timely manner. Daylin Leach December 15, 1992 Page 4 8. As a matter of public record, Respondent filed a Statement of Financial Interests for calendar year 1990 after issuance of the Order to Show Cause which Statement of Financial Interests is dated June 16, 1992 and was received by this Commission on June 19, 1992. II. DISCUSSION: Respondent has been a Member of the Lehigh County Board of Assistance at all times relevant to these proceedings. Respondent resigned the aforesaid position on or about September 11, 1991. As a Member of the Lehigh County Board of Assistance, Respondent has at all times relevant to these proceedings been a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. §401, et seq., subject to the provisions of the Ethics Law. Factually, the public records of the State Ethics Commission reflect that 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 would constitute a failure to comply with Sections 4 and 5 of the Ethics Law. 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 each day such statement remains delinquent or deficient. The maximum penalty payable under this paragraph is $250. 65 P.S. S409(f). 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). In this case, the records of the State Ethics Commission reflect that the requisite Notice letter and the Order to Show Cause were issued to Respondent at 323 Springhouse Road #10, Allentown, Pennsylvania 18104. Respondent, who, according to the record in this matter, is an attorney at law, has affirmatively represented to this Commission that he neither resides nor maintains a mailing address at the address used by this Commission, but that since February 23, 1991, Daylin Leach December 15, 1992 Page 5 he has maintained his sole residence and mailing address at 513 Benner Road, Allentown, Pennsylvania 18104. It is noted that the averred address change would predate the issuance of the requisite Notice letter. Furthermore, in a novel approach of defending this matter by directing inappropriate commentary to this tribunal, Respondent states: Despite repeated attempts to notify the State Ethics Commission of this change of address, the [State Ethics Commission] seems unwilling or unable to acknowledge this change and act upon it." Answer of Respondent, at paragraph 1. Respondent chastises: "Apparently, the State Ethics Commission continued to find the Respondent's change of address to be challenging." Answer of Respondent, at paragraph 5. Respondent has offered no evidence to support his alleged attempts to notify this Commission of his change of address. Apparently, Respondent expects to be taken at his word. We would note that Respondent undoubtedly received the Order to Show Cause which bore the Springhouse Road address, as evidenced by his timely filing of an Answer to same. Nevertheless, under the circumstances of this case, it is possible that Respondent may not have received the prerequisite Notice letter. We would further note that the public records of the State Ethics Commission reflect that following the issuance of the Order to Show Cause, Respondent has filed a Statement of Financial Interests for calendar year 1990 dated June 16, 1992, and received by this Commission on June 19, 1992. Based upon the totality of circumstances in this case, no civil penalty shall be levied in this case. We would caution Respondent that those who are before an administrative agency are expected to conduct themselves in a professional manner. See, e.q., 1 Pa. Code § §31.27, 31.28, 35.189. III. CONCLUSIONS OF LAW: 1. Respondent Daylin B. Leach was at all times relevant to these proceedings a Member of the Lehigh County Board of Assistance and as such Respondent was a "public official" subject to the provisions of the Ethics Law, Act 9 of 1989. 2. The public records of the State Ethics Commission reflect that 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. Daylin Leach December 15, 1992 Page 6 3. Respondent was not properly served with notice of the delinquency of Respondent's 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. 4. Based upon the totality of the circumstances in this case, a civil penalty is not warranted. IN RE: DAYLIN LEACH Respondent File Docket: 92 -056 -P Date Decided: December 10, 1992 Date Mailed: December 15, 1992 ORDER NO. 043 -S 1. Respondent Daylin Leach, a former Member of the Lehigh County Board of Assistance, was not properly served with Notice of the delinquency of his 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. 2. Based upon the circumstances of this case, no civil penalty shall be levied against Respondent in this matter. BY THE COMMISSION, James M. Howley