HomeMy WebLinkAbout062-S DentonIN RE: Stanley Denton
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 94 -007 -P
Date Decided: 12/15/94
Date Mailed: 12/27/94
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
The Investigative Division of 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 se
was mailed to Respondent by Investigative Written Notice
accordance with Section (7) (5) of the Ethics Law, as to which there
was no response. The Investigative Division filed with the State
Ethics Commission and served upon Respondent a Petition for Civil
Penalties. An 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.
Commission is hereby issued, which sets forth ]Findingsnof of th
Fact,
Discussion, Conclusions of Law and Order.
This Adjudication is final and is a ublic document.
Reconsideration may be requested. A request for p 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) /21.29 (b) .
Denton, 94 -007 -P
Page 2
I. FINDINGS:
1. Respondent Stanley Denton is an adult individual who resides
or maintains a mailing address at 1165 McCabe Street,
Pittsburgh, PA 15201.
2. Respondent is now and at all times relevant to these
proceedings has been a Member of the Pennsylvania Heritage
Affairs Commission.
(a) Respondent specifically held the aforesaid position in
1993 and 1994.
3. Respondent did not file Statements of Financial Interests for
calendar years 1992 and 1993 with the State Ethics Commission
and the Governor's Office of Administration, which Statements
of Financial Interests were due on or before May 1, 1993 and
May 1, 1994 respectively.
4. A Notice letter dated June 8, 1994, and a final Notice letter
dated June 29, 1994, were served upon Respondent by the
Investigative Division of the State Ethics Commission. The
said Notice letters stated in detail the specific allegations
against Respondent concerning the delinquency of Respondent's
Statements of Financial Interests for calendar years 1992 and
1993 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
accurate and complete Statements of Financial Interests for
calendar years 1992 and 1993 within twenty (20) days of the
date of the Notice letter.
5. Respondent did not file Statements of Financial Interests with
the State Ethics Commission and the Governor's Office of
Administration for calendar years 1992 and 1993 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 Heritage Affairs
Commission. Respondent specifically held the aforesaid position in
1993 and 1994.
As a Member of the Pennsylvania Heritage Affairs Commission,
Respondent is a "public official" as that term is defined under the
Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S.
§401, et seq., and as such, Respondent is subject to the provisions
of the Ethics Law.
Denton, 94 -007 -P
Page 3
Factually, Respondent failed to timely file Statements of
Financial Interests for calendar years 1992 and 1993 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. § §404,405.
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. §409(f).
An application of Section 9(f) to this case establishes that
this Commission has the discretion to levy two maximum civil
penalties against the Respondent for the delinquent Statements of
Financial Interests for calendar years 1992 and 1993. The
prerequisite service of a Notice letter in accordance with Section
7(5) was satisfied. Respondent did not remedy the failure to file
Statements of Financial Interests for calendar years 1992 and 1993
although given twenty days from the date of the aforesaid final
Notice letter in which to do so. The Investigative Division then
instituted formal proceedings against Respondent by filing with the
State Ethics Commission and serving upon Respondent a Petition for
Civil Penalties. The State Ethics Commission issued an Order to
Show Cause, ordering Respondent to show cause why civil penalties
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 civil penalties should not be levied against Respondent in this
matter.
Based upon the totality of circumstances in this case, we
hereby levy two civil penalties against Respondent Denton, each at
the rate of Twenty -Five Dollars ($25.00) per day for each day
Respondent's Statement of Financial Interests remained delinquent.
Given the number of days during which each of Respondent's said
Statements of Financial Interests have remained delinquent, the
resultant amount to be levied against Respondent is the maximum of
$250.00 per civil penalty, for a total of Five Hundred Dollars
($500.00) .
Denton, 94 -007 -P
Page 4
Respondent shall be ordered to file complete and accurate
Statements of Financial Interests for calendar years 1992 and 1993.
III. CONCLUSIONS OF LAW:
1. Respondent Stanley Denton is now and at all times relevant to
these proceedings has been a Member of the Pennsylvania
Heritage Affairs 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 Statements of Financial Interests for calendar years 1992
and 1993 with the State Ethics Commission and the Governor's
Office of Administration.
3. Notice of the delinquency of Respondent's Statements of
Financial Interests for calendar years 1992 and 1993 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, two
maximum civil penalties are warranted.
IN RE: Stanley Denton
Respondent
ORDER NO. 062 -S
File Docket: 94 -007 -P
Date Decided: 12/15/94
Date Mailed: 12/27/94
1. Stanley Denton, as a Member of the Pennsylvania Heritage
Affairs Commission, failed to comply with Sections 4 and 5 of
the Ethics Law, 65 P.S. § §404, 405, by failing to timely file
Statements of Financial Interests for calendar years 1992 and
1993 with the State Ethics Commission and the Governor's
Office of Administration.
2. Based upon the circumstances of this case, this Commission
hereby levies two civil penalties against Respondent Stanley
Denton, each at the rate of Twenty -Five Dollars ($25.00) per
day, for each day Respondent's Statements of Financial
Interests for calendar years 1992 and 1993 have remained
delinquent, for the maximum amount of Two- Hundred and Fifty
Dollars ($250.00) per civil penalty. Respondent is ordered to
pay the above civil penalties in the total amount of Five
Hundred Dollars ($500.00) 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 Stanley Denton is directed within 30 days of
issuance of this Order to file complete and accurate
Statements of Financial Interests for calendar years 1992 and
1993 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. Howley, Chair