HomeMy WebLinkAbout052SR WhitfieldSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: CONSTANCE A. WHITFIELD : File Docket: 92 -090 -P
: Date Decided: Mav 6. 1993
: Date Mailed: Mav 11, 1993
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
The State Ethics Commission received a request for reconsider-
ation on May 2, 1993, with respect to Order No. 052 -S issued on
February 19, 1993. Pursuant to Section 2.38(b) of the regulations
of the Commission, the discretion of the State Ethics Commission to
grant reconsideration is properly invoked as follows:
(b) Any party may ask the Commission to reconsider
an order within 15 days of service of the order. The
person requesting reconsideration should present a
detailed explanation setting forth the reason why the
order should be reconsidered. Reconsideration may be
granted at the discretion of the Commission only where
any of the following occur:
(1) A material error of law has been made.
(2) A material error of fact has been made.
(3) New facts or evidence are provided which
would lead to reversal or modification of the
order and where these could not be or were not
discovered previously by the exercise of due
diligence.
51 Pa. Code 52.38(b).
This adjudication of the Commission is hereby issued which
sets forth the Discussion and Reconsideration Order.
This Reconsideration Order as with Order No. 052 -S is final
and is a public document.
Constance A. Whitfield
May 7, 1993
Page 2
ADJUDICATION
DISCUSSION: Constance A. Whitfield, hereinafter Whitfield, has
timely requested reconsideration of Whitfield Order No. 052 -S,
issued on February 19, 1993.
In the foregoing Order, we determined that Whitfield as a
Member of the Philadelphia County Board of Assistance failed to
comply with Sections 4 and 5 of the Ethics Law (Act 9 of 1989), 65
P.S. SS404, 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. We levied one civil
penalty against Whitfield at the rate of $25.00 per day for each
day Whitfield's Statement of Financial Interests for calendar year
1991 had remained delinquent, for the total civil penalty of
$250.00. We ordered Whitfield to pay the above civil penalty in
the total amount of $250.00 within thirty days of the issuance of
Order No. 052 -S, by forwarding a check to this Commission payable
to the Commonwealth of Pennsylvania for deposit in the State
Treasury.
Whitfield raises the following arguments in support of the
claim for reconsideration. Whitfield states that she has been a
volunteer Member of the Board for the past five years. She claims
that she has always filed a Statement of Financial Interests except
last year (for calendar year 1991). Whitfield states that she had
planned to retire from federal employment in 1991 and to move to
Florida if a certain retirement package became available to her.
She did not find out until November, 1991 that the retirement
package was not being offered to her agency. Whitfield states that
she had "put off" sending in a Statement because she did not know
whether she would be a resident of Pennsylvania. Whitfield states
that she is honestly sorry that she broke the "rules /regulations"
regarding this matter and that her intentions were personal and her
thoughtlessness was not criminal. Finally, Whitfield states that
her financial obligations make it difficult to pay legal fees of
any kind.
We shall consider each of the above arguments to determine
whether the proffered reasons in support of the request for
reconsideration meet the standard set forth in 51 Pa. Code
§2.38(b), supra.
It must initially be noted that Whitfield failed to file an
Answer to the Order to Show Cause such that those arguments by
which she now seeks to advance new facts or evidence will be
legally insufficient to justify reconsideration unless those facts
could not be or were not discovered previously by the exercise of
due diligence.
Constance A. Whitfield
May 7, 1993
Page 3
on the Board is
Whitfield's status ashy f l of i Court' s decision in
legally
irrelevant, in light
469 Pa. 159, 436 A.2d 593 (1981), wherein the
Court dery T h o , - nburah ,
Co
found unconstitutional a prior e n t �o pen the definition
of "public official" of those who were
As for Whitfield's claim that she has previously filed her
Statements of Financial cial Interests, the records of the State Ethics
previously served with two
Commission reflect that Whitfield was P calendar year
Notices of the delinquency of Respondent's c specifically Statement of Financial
In tl P t
a year Interests for more, r there e has year, been no explanation for why ggg, Furthermore
argument was not timely raised in an Answer to the Order to Show
Cause. in 1991 and
As for Whitfield's unfulfilled ld has st t hop the ret reason she did d not
moving to Florida, Whitfield
the Statement was because sEven did
fnwe thoughtesuch an she
ot know
ecause the be a resident of Pennsylvania.
could be legitimate, it is not h ear 1991bwas not due untie M
of Financial she
Interests for ecalendar months a fter Whitfield knew tha
1� 1992 -- approximately y
would be remaining in Pennsylvania.
As for the alleged nature of Whitfield's o a of , t i tent i
not a requisite element for a finding violation 531 a Et s
536
Law. , Yacobet v. Com. State thics Co
(1987).
Furthermore, this argument would not meet the criteria for
granting reconsideration.
proffered regret
as for Whitfield's p ret at failing to
do not meet
file the Statement, and her financial situation,
the criteria for granting reconsideration.
Upon review of the Order in conjunction with the arguments
which have been made, there has been no showing o f either a
new facts or
material error of warrantrrecon i ion
evidence which would
In Re: CONSTANCE A. WHITFIELD :
File Docket: 92 -090 -P
: Date Decided: May 6, 1993
Date Mailed: Ma 1 1, 1993
ECONSIDERATION ORDER NO. 052 -S -R
1. The request by Constance A. Whitfield to reconsider Order No.
052 -S issued on February 19, 1993 is denied.
BY THE COMMISSION,
JAMES M. HOWLEY, C