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Home My WebLink About059-S GrayIN RE: TOM GRAY, Respondent STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 93 -001 -P : Date Decided: May 6, 1993 Date Mailed: May 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 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. A Consent Order was submitted to the Commission for consideration which was subsequently approved. 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) Tom Gray May 7, 1993 . Page 2 I. FINDINGS: 1. Respondent Tom Gray is an adult individual who resides or maintains a mailing address at Minks & Locher Engineers, Inc., 1780 Goucher Street, Johnstown, Pennsylvania 15905. 2. Respondent is now and at all times relevant to these proceedings has been a Sewage Enforcement Officer for Conemaugh Township, Pennsylvania. (a) Respondent specifically held the aforesaid position in 1992. 3. Respondent did not file a Statement of Financial Interests for calendar year 1991 with Conemaugh Township on or before May 1, 1992. 4. A first Notice letter dated October 21, 1992, and a final Notice letter dated December 1, 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. 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 dates of the respective Notice letters. 5. Respondent did not file a Statement of Financial Interests with Conemaugh Township for calendar year 1991 on or before the expiration of twenty days from the date of the said final Notice letter. II. DISCUSSION: Respondent has been a Sewage Enforcement Officer for Conemaugh Township, Pennsylvania at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1992. As a Sewage Enforcement Officer for Conemaugh Township, Respondent is a "public employee" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. S401, et lag., and as such, Respondent is subject to the provisions of the Ethics Law. Pursuant to Section 4(a) of the Ethics Law, Respondent is required to file a Statement of Financial Interests for the Tom Gray May 7, 1993 Page 3 preceding calendar year with Conemaugh Township each year Respondent holds the above position and the year after Respondent leaves said position: (a) Each public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the commission no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Each public employee and public official of the Commonwealth shall file a statement of financial interests for the preceding calendar year with the department, agency, body or bureau in which he is employed or to which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. Persons who are full -time or part -time solicitors for political subdivisions are required to file under this section. 65 P.S. 5404(a). Factually, Respondent failed to timely file a Statement of Financial Interests for calendar year 1991 with Conemaugh Township, 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). The prerequisite service of a Motice letter in accordance with Section 7(5) was satisfied. Upon being notified of the above transgression, Respondent did not remedy Respondent's failute to Tom Gray May 7, 1993 Page 4 comply with the Ethics Law, although he was given until the expiration of twenty days from the date of the final Notice letter in which to comply so as to avoid the institution of these formal proceedings. 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 him. Thereafter, a Consent Order was submitted to the Commission for consideration which was subsequently approved based upon the totality of the circumstances of this case. Pursuant to the said approved Consent Order, we hereby levy one civil penalty against Respondent Thomas ( "Tom ") Gray in the total amount of $75.00. Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1991. Conditioned upon compliance within thirty days, we will take no further action based upon the totality of facts and circumstances as outlined in the findings. III. CONCLUSIONS OF LAW: 1. Respondent Thomas ( "Tom ") Gray, as a Sewage Enforcement Officer for Conemaugh Township, Pennsylvania, is now and at all times relevant to these proceedings has been a "public employee" subject to the provisions of the Ethics Law, Act 9 of 1989, 65 P.S. §401 et seg. 2. Respondent failed to comply with Sections 4 and 5 of the Ethics Law when Respondent failed to timely file a Statement of Financial Interests for calendar year 1991 with Conemaugh Township. 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. §407(5). 4. Based upon the totality of the circumstances in this case, a submitted Consent Order has been approved levying a civil penalty. IN RE: TOM GRAY, Respondent File Docket: 93 -001 -P Date Decided: Mav 6, 1993 Date Mailed: Mav 11, 1993 ORDER NO. 059-S 1. Thomas ( "Tom ") Gray, as a Sewage Enforcement Officer for Conemaugh Township, Pennsylvania, failed to comply with Sections 4 and 5 of the Ethics Law, 65 P.S. SS404, 405, by failing to timely file a Statement of Financial Interests for calendar year 1991 with Conemaugh Township. 2. Based upon the circumstances of this case, in accordance with this Commission's approval of a submitted Consent Order, one civil penalty is hereby levied against Respondent Thomas Gray in the total amount of $75.00. 3. Respondent Thomas Gray is ordered to pay the above civil penalty in the total amount of $75.00 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. 4. Respondent Thomas Gray 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 Conemaugh Township providing full financial disclosure as required by the Ethics Law, and to forward a copy of same to this Commission at the following address to evidence compliance: State Ethics Commission 309 Finance Building P.O. Box 11470 Harrisburg, PA 17108 -1470 Attention: Legal Division 5. Conditioned upon compliance within thirty (30) days, no further action will be taken in this matter. 6. Failure to comply with any provision of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, ,i,..e /71 James M. Howley, C