Loading...
HomeMy WebLinkAbout066-S HamerIN RE: ALEXANDER HAMER JR. Respondent Before: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Boyd E. Wolff File Docket: 94 -018 -P Date Decided: 05/04/95 Date Mailed: 05/16/95 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 seq. Written Notice was mailed to Respondent by the Investigative Division in 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. 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 § 52.38 (b) , (c) /21.29 (b) . Hamer, Jr., Alexander, 94 -018 -P Page 2 I. FINDINGS: 1. Respondent Alexander Hamer Jr. is an adult individual who resides or maintains a mailing address at 247 Old State Road, Berwyn, PA 19312. 2. At all times relevant to these proceedings, Respondent has been an employee of the Department of Labor and Industry and a "public employee" as that term is defined in Section 2 of the Ethics Law, 65 P.S. §402. (a) Respondent specifically held the aforesaid position for at least part of 1993. 3. Respondent did not file a Statement of Financial Interests for calendar year 1993 with the Department of Labor and Industry on or before May 1, 1994. 4. A first Notice letter dated October 12, 1994 and a final Notice letter dated November 14, 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 Statement of Financial Interests for calendar year 1993 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 1993 within twenty (20) days of the dates of the respective Notice letters. 5. Respondent did not file a Statement of Financial Interests for calendar year 1993 on or before the expiration of twenty days from the date of the said final Notice letter. II. DISCUSSION: At all times relevant to these proceedings, Respondent has been an employee of the Department of Labor and Industry and a "public employee" as that term is defined in Section 2 of the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. 5402. As such, Respondent has at all times relevant to these proceedings been 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 preceding calendar year with the Department of Labor and Industry each year Respondent holds the above position and the year after Respondent leaves said position: (a) Each public official of the Commonwealth shall Hamer, Jr., Alexander, 94 -018 -P Page 3 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. §404(a) . The complete financial disclosure which Respondent as a "public employee" is required to provide in the Statement of Financial Interests for is statutorily mandated in detail at Section 5 of the Ethics Law, 65 P.S. §405. Factually, Respondent failed to timely file a Statement of Financial Interests for calendar year 1993 with the Department of Labor and Industry, 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 a maximum civil penalty against the Respondent for the delinquent Statement of Financial Interests for calendar year 1993. Hamer, Jr., Alexander, 94 -018 -P Page 4 The prerequisite service of a Notice letter in accordance with Section 7(5) was satisfied. Furthermore, upon being notified of the above transgression(s), Respondent did not remedy Respondent's failure to 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. 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 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 Alexander Hamer Jr., at the rate of $25.00 per day, for each day Respondent's Statement of Financial Interests for calendar year 1993 has remained delinquent. Given the number of days during which the said Statement of Financial Interests has remained delinquent, the resultant amount to be levied against Respondent is $250.00. Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1993. III. CONCLUSIONS OF LAW: 1. Respondent Alexander Hamer Jr. was at all times relevant to these proceedings an employee of the Department of Labor and Industry and as such Respondent was at all times relevant to these proceedings a "public employee" subject to the provisions of the Ethics Law, Act 9 of 1989. 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 1993 with the Department of Labor and Industry. 3. Notice of the delinquency of Respondent's Statement of Financial Interests for calendar year 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, a maximum civil penalty is warranted. IN RE: ALEXANDER HAMER JR. File Docket: 94 -018 -P Date Decided: 05/04/95 Respondent Date Mailed: 05/16/95 ORDER NO. 066 -S 1. Alexander Hamer Jr., as an employee of the Department of Labor and Industry failed to comply with Sections 4 and 5 of the Ethics Law, 65 P.S. § §404, 405, by failing to timely file a Statement of Financial Interests for calendar year 1993 with the Department of Labor and Industry. 2. Based upon the circumstances of this case, this Commission hereby levies one civil penalty against Respondent Alexander Hamer Jr., at the rate of $25.00 per day for each day Respondent's Statement of Financial Interests for calendar year 1993 has remained delinquent, for a total civil penalty of $250.00. 3. Respondent Alexander Hamer Jr. is ordered to pay the above civil penalty in the total amount of $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. 4. Respondent Alexander Hamer Jr. is directed within 30 days of issuance of this Order to file a complete and accurate Statement of Financial Interests for calendar year 1993 with the Department of Labor and Industry, 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: Robin M. Hittie, Assistant Counsel 5. Failure to comply with any provision of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, i c ousivu6 Daneen E. Reese, Chair