HomeMy WebLinkAbout051-S MierIN RE: HARRY J. MIER
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
Joseph W. Marshall, III
: File Docket: 92 -082 -P
: Date Decided: February 16, 1993
: Date Mailed: February 19, 1993
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. S401 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 SS2.38(b),(c).
Harry J. Mier
February 19, 1993
Page 2
I. FINDINGS:
1. Respondent Harry J. Mier is an adult individual who resides or
maintains a mailing address at 5541 River Road, Harrisburg,
Pennsylvania 17110.
2. Respondent is now and at all times relevant to these
proceedings has been a Member of the Pennsylvania Veterans'
Memorial Commission.
(a) Respondent specifically held the aforesaid position in
1992.
3. Respondent did not file a Statement of Financial Interests for
calendar year 1991 with the State Ethics Commission and the
Governor's Office of Administration on or before May 1, 1992.
4. A Notice letter dated June 16 or June 17, 1992, and a final
Notice letter dated July 20, 1992, were served upon Respondent
by this Commission. The said Notice letters stated in detail
the specific allegations against Respondent concerning the
delinquency of Respondent's Statement of Financial Interests
for calendar year 1991 and the penalties for failure to file
or for filing a deficient Statement of Financial Interests.
Each of the said Notice letters 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 1991 within twenty (20)
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 1991 within twenty days of
the date of the said final Notice letter.
II. DISCUSSION:
Respondent is now and at all times relevant to these
proceedings has been a Member of the Pennsylvania Veterans'
Memorial Commission. Respondent specifically held the aforesaid
position in 1992.
As a Member of the Pennsylvania Veterans' Memorial 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, et seq., and as such, Respondent is subject to the provisions
of the Ethics Law.
Factually, Respondent failed to timely file a Statement of
Financial Interests for calendar year 1991 with the State Ethics
Harry J. Mier
February 19, 1993
Page 3
Commission and the Governor's Office of Administration, which
constitutes 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).
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 1991. The prerequisite service of a
Notice letter in accordance with Section 7(5) was satisfied.
Respondent did not remedy the failure to file a Statement of
Financial Interests for calendar year 1991 although given twenty
days from the date of the aforesaid final 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 did not file an answer to the Order to Show
Cause. There is nothing of record which would constitute a defense
or excuse for Respondent's failure to comply with the Ethics Law.
Respondent has failed to show cause why a civil penalty should not
be levied against Respondent in this matter.
Based upon the totality of circumstances in this case, we
hereby levy one civil penalty against Respondent Harry J. Mier at
the rate of Twenty -Five Dollars ($25.00) per day, for each day
Respondent's Statement of Financial Interests for calendar year
1991 has remained delinquent. Given the number of days during
which the Statement of Financial Interests has remained delinquent,
the resultant amount to be levied against Respondent is Two- Hundred
and Fifty Dollars ($250.00).
Respondent shall be ordered to file a complete and accurate
Statement of Financial Interests for calendar year 1991.
Harry J. Mier
February 19, 1993
Page 4
III. CONCLUSIONS OF LAW:
1. Respondent Harry J. Mier is now and at all times relevant to
these proceedings has been a Member of the Pennsylvania
Veterans' Memorial Commission, and as such Respondent is now
and at all times relevant to these proceedings has been a
"public official" subject to the provisions of the Ethics Law,
Act 9 of 1989.
2. 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 1991
with the State Ethics Commission and the Governor's Office of
Administration.
3. Notice of the delinquency of Respondent's Statement of
Financial Interests for calendar year 1991 was previously
served upon Respondent in accordance with Section 7(5) of the
Ethics Law, 65 P.S. 5407(5).
4. Based upon the totality of the circumstances in this case, a
maximum civil penalty is warranted.
IN RE: HARRY J. MIER
Respondent
File Docket: 92 -082 -P
Date Decided: February 16, 1993
Date Mailed: February 19, 1993
ORDER NO. 051 -S
1. Harry J. Mier, as a Member of the Pennsylvania Veterans'
Memorial Commission, failed to comply with Sections 4 and 5 of
the Ethics Law, 65 P.S. §S404, 405, by failing to timely file
a Statement of Financial Interests for calendar year 1991 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 Harry J.
Mier at the rate of Twenty -Five Dollars ($25.00) per day for
each day Respondent's Statement of Financial Interests for
calendar year 1991 has remained delinquent, for the total
civil penalty of Two- Hundred and Fifty Dollars ($250.00).
Respondent is ordered to pay the above civil penalty in the
total amount of Two- Hundred and Fifty Dollars ($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. Respondent Harry J. Mier is directed within 30 days of
issuance of this Order to file a complete and accurate
Statement of Financial Interests for calendar year 1991 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. Howie ai.r