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HomeMy WebLinkAbout070-S FosterBefore: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 IN RE: Eileen E. Foster, File Docket: 95 -006 -P Date Decided: 2/15/96 Respondent Date Mailed: 3/1/96 Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Rev. Joseph G. Quinn Boyd E. Wolff 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 gt sect. 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 thirty 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). Foster, 95 -006 -P February 16, 1996 Page 2 I. FINDINGS: 1. Respondent Eileen E. Foster is an adult individual who resides or maintains a mailing address at 606 North 17th Street, Harrisburg, PA 17103. 2. At all times relevant to these proceedings, Respondent has been a Member of the Children's Trust Fund Board. (a) Respondent specifically held the aforesaid position in 1994. 3. Respondent did not file a Statement of Financial Interests for calendar year 1994 with the Children's Trust Fund and /or the Children's Trust Fund Board on or before May 1, 1995. 4. A Notice letter dated June 30, 1995, and a final Notice letter dated July 31, 1995, 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 1994 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 1994 within twenty (20) days of the date of the Notice letter. 5. Respondent did not file a Statement of Financial Interests for calendar year 1994 within twenty days of the date of the said final Notice letter. 6. Respondent has previously received Notice letters for failure to file Statements of Financial Interests for calendar years 1992 and 1993. After the second Notice letter, Respondent did file those forms. No Orders have been issued against Foster. II. DISCUSSION: Respondent has been a Member of the Children's Trust Fund Board at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1994. As a Member of the Children's Trust Fund Board, Respondent has at all times relevant to these proceedings been a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. §401, et sea., and as such, Respondent has at all times relevant to these proceedings been subject to the provisions of the Ethics Law. Foster, 95 -006 -P February 16, 1996 Page 3 Factually, Respondent failed to timely file a Statement of Financial Interests for calendar year 1994 with the Children's Trust Fund and /or the Children's Trust Fund Board, which constitutes a failure to comply with Sections 4 and 5 of the Ethics Law. 65 P.S. § §404,405. Section 4(a) of the Ethics Law provides as follows: (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. §404 (a) . 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 1994. The prerequisite service of a Foster, 95 -006 -P February 16, 1996 Page 4 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 1994 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 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. We would further note that the public records of the State Ethics Commission reflect that Respondent has previously received Notices from the State Ethics Commission regarding delinquent Statements of Financial Interests for prior calendar years. It is clear that as a Member of the Children's Trust Fund Board, Respondent knows that she is a public official required to file Statements of Financial Interests pursuant to Sections 4 and 5 of the Ethics Law. Based upon the totality of circumstances in this case, we hereby levy one civil penalty against Respondent Eileen E. Foster at the rate of Twenty -Five Dollars ($25.00) per day, for each day Respondent's Statement of Financial Interests for calendar year 1994 has remained delinquent. Given the number of days during which the Statement of Financial Interests has remained delinquent, the resultant amount to be levied against Respondent is Two- Hundred and Fifty Dollars ($250.00). Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1994. Pursuant to Section 4(a), Respondent must file the Statement of Financial Interests with the Children's Trust Fund Board and this Commission. III. CONCLUSIONS OF LAW: 1. Respondent Eileen E. Foster has at all times relevant to these proceedings been a Member of the Children's Trust Fund Board, and as such Respondent has at all times relevant to these proceedings 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 a Statement of Financial Interests for calendar year 1994 Foster, 95 -006 -P February 16, 1996 Page 5 with the Children's Trust Fund and /or the Children's Trust Fund Board. 3. Notice of the delinquency of Respondent's Statement of Financial Interests for calendar year 1994 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: Eileen E. Foster, Respondent File Docket: 95 -006 -P Date Decided: 2/15/96 Date Mailed: 3/1/96 ORDER NO. 070 -S 1. Eileen E. Foster, as a Member of the Children's Trust Fund Board, 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 1994 with the Children's Trust Fund and /or the Children's Trust Fund Board. 2. Based upon the circumstances of this case, this Commission hereby levies one civil penalty against Respondent Eileen E. Foster at the rate of Twenty -Five Dollars ($25.00) per day for each day Respondent's Statement of Financial Interests for calendar year 1994 has remained delinquent, for the total civil penalty of ,Two - Hundred and Fifty Dollars ($250.00). Respondent is ordered to pay the above civil penalty in the total amount of Two - Hundred and Fifty Dollars ($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. 3. Respondent Eileen E. Foster is directed within 30 days of issuance of this Order to file a complete and accurate Statement of Financial Interests for calendar year 1994 with the Children's Trust Fund Board and the State Ethics Commission, 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, cYlAtisAti6 Daneen E. Reese, Chair