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Home My WebLink About074-S KegolisIN RE: John Kegolis, III, Respondent Before: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Allan M. Kluger Rev. Joseph G. Quinn File Docket: Date Decided: Date Mailed: 96 -005 -P 5/30/96 6/12/96 This is a final adjudication of the State Ethics Commission as to the alleged delinquency and /or deficiency of Statement(s) of Financial Interests required to be filed pursuant to Sections 4 and 5 of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, P.L. 26, 65 P.S. §401 el seq. The Investigative Division initiated these proceedings by filing with the State Ethics Commission and serving upon Respondent a Petition for Civil Penalties. An Order to Show Cause was issued to Respondent. An Answer was not filed by the Respondent, and a hearing was deemed waived. The record is complete. This is a final Order, and it is publicly available upon issuance. Reconsideration may be requested, but a request for reconsideration will not affect the finality of this adjudication or its availability as a public document. Any reconsideration request must be received at this Commission within thirty days of the mailing date noted above 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). Kegolis, 96 -005 -P May 31, 1996 Page 2 I. FINDINGS: 1. Respondent John Kegolis, III is an adult individual who resides or maintains a mailing address at 34 East Center Street, PO Box 88, Shenandoah, Pennsylvania 17976. 2. At all times relevant to these proceedings, Respondent has been a Councilman for Shenandoah Borough, Pennsylvania. (a) Respondent specifically held the aforesaid position in 1993. 3. Respondent did not file a Statement of Financial Interests for calendar year 1993 with Shenandoah Borough, which Statement of Financial Interests was required to be filed on or before May 1, 1994. 4. A first Notice letter dated November 30, 1995 and final Notice letters dated December 27, 1995 and February 23, 1996 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 with Shenandoah Borough for calendar year 1993 on or before the expiration of twenty days from the dates of the said final Notice letters. II. DISCUSSION: Respondent has been a Borough Councilman for Shenandoah Borough, Pennsylvania at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1993. As a Borough Councilman for Shenandoah Borough, Respondent has at all times relevant to these proceedings been a "public official" subject to the provisions of the Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. §401, el seq. 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 Shenandoah Borough 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 Kegolis, 96 -005 -P May 31, 1996 Page 3 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). Factually, Respondent failed to timely file a Statement of Financial Interests for calendar year 1993 with Shenandoah Borough, 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 each such delinquent or deficient Statement of Financial Interests. The prerequisite service of a Notice letter in accordance with Section 7(5) was satisfied. Respondent did not remedy the failure to comply with the Ethics Law although given twenty days from the date of the 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 him in this matter. Based upon the totality of circumstances in this case, we hereby levy one civil penalty against Respondent John Kegolis, III, at the rate of $25.00 per day, for each day Respondent's Statement of Financial Interests for calendar year 1993 has remained deficient. Given the number of days during which the said Statement of Financial Interests has remained deficient, the resultant amount to be levied against Respondent is $250.00. Kegolis, 96 -005 -P May 31, 1996 Page 4 Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1993. 1I1. CONCLUSIONS OF LAW: 1. As a Borough Councilman for Shenandoah Borough, Pennsylvania, 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, 65 P.S. §401 gt seq. 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 Shenandoah Borough. 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: John Kegolis, III, File Docket: 96 -005 -P Date Decided: 5/30/96 Respondent Date Mailed: 6/12/96 ORDER NO. 074 -S 1. John Kegolis, III, as a Borough Councilman for Shenandoah Borough, Pennsylvania, 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 Shenandoah Borough. 2. Based upon the circumstances of this case, this Commission hereby levies one civil penalty against Respondent John Kegolis, III, 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 John Kegolis, III 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 John Kegolis, III 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 Shenandoah Borough, 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: Investigative Division 5. Failure to comply with any provision of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, Daneen E. Reese, Chair