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Home My WebLink About053-S KrevskyIN RE: HERMAN KREVSKY 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 -078 -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. 5401 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. A formal answer was not filed but a letter response was received. 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 §S2.38(b),(c). Herman Krevsky February 19, 1993 Page 2 I. FINDINGS: 1. Respondent Herman Krevsky is an adult individual who resides or maintains a mailing address at 3201 North Front Street, Harrisburg, Pennsylvania 17110. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the Dauphin County Board of Assistance. (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. 6. On October 15, 1992, a Notice and Order to Show Cause was issued to Respondent, ordering him to show cause why a civil penalty should not be levied against him. 7. After issuance of the Order to Show Cause, Respondent submitted a letter enclosing a Statement of Financial Interests for calendar year 1991, which Statement of Financial Interests is dated May 24, 1992, and was received by this Commission on October 26, 1992. a. In his letter, Respondent apologizes for the oversight, stating that he filled out the form but forgot to mail it. II. DISCUSSION: Herman Krevsky February 19, 1993 Page 3 Respondent is now and at all times relevant to these proceedings has been a Member of the Dauphin County Board of Assistance. Respondent specifically held the aforesaid position in 1992. As a Member of the Dauphin County Board of Assistance, Respondent is a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. S401, 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 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. § 5404,405. 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. 5409(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 in this matter. Following the issuance of the Order to Show Cause, Respondent submitted a letter enclosing a Statement of Financial Interests dated May 24, 1992, for calendar year 1991. In his letter, Respondent apologizes for the oversight and states that he filled out the form but forgot to mail it. Herman Krevsky February 19, 1993 Page 4 Although intent is not a requisite element for a violation of the Ethics Law, Yacobet v. Com., State Ethics Com'n., 531 A.2d 536 (1987), it may constitute a mitigating circumstance to be considered in determining the amount of the civil penalty to be levied. In this case, we are persuaded that Respondent's failure to file the Statement of Financial Interests for calendar year 1991 was indeed an honest oversight. Indeed, this would appear to be the first instance of delinquency for this Respondent. The public records of the State Ethics Commission reflect that Respondent Krevsky has an exemplary history for filing his Statements of Financial Interests in a timely fashion. Additionally, Respondent has now filed the Statement of Financial Interests for calendar year 1991. Based upon the totality of the circumstances in this case, we hereby levy one civil penalty against Respondent Herman Krevsky in the total amount of $25.00. In levying the aforesaid civil penalty, we are cognizant that we could assess a per diem civil penalty against Respondent up to the total maximum amount of Two - Hundred and Fifty Dollars ($250.00) allowed by the Ethics Law, but have determined that an appropriate exercise of our discretion in this case would be to assess a lesser civil penalty in the total amount of $25.00. III. CONCLUSIONS OF LAW: 1. Respondent Herman Krevsky is now and at all times relevant to these proceedings has been a Member of the Dauphin County Board of Assistance and as such Respondent is 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 F.S. 5407(5). 4. Based upon the totality of the circumstances in this case, a civil penalty is warranted. IN RE: HERMAN KREVKSY Respondent : File Docket: 92 -078 -P . Date Decided: February 16, 1993 : Date Mailed: February 19, 19_3 ORDER NO. 053 -S 1. Herman Krevksy, as a Member of the Dauphin County Board of Assistance, failed to comply with Sections 4 and 5 of the Ethics Law, 65 P.S. 55404, 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, a total civil penalty in the amount of $25.00 is hereby levied against Respondent Herman Krevsky. Respondent is ordered to pay the above civil penalty in the total amount of $25.00 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 r