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HomeMy WebLinkAbout076-S SkrinjorichIN RE: Ronald J. Skrinjorich, Respondent STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Julius Uehlein John J. Bolger Frank M. Brown Susan Mosites Bicket File Docket: 99 -001 -P X -ref: Order 076 -S Date Decided: 11/22/99 Date Mailed: 12/7/99 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 1 104 and 1 105 of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §1101 et seq. The Investigative Division initiated these proceedings by filing with the State Ethics Commission and serving upon Respondent a Petition for Civil Penalty(ies). An Order to Show Cause was issued to Respondent. An Answer was filed by the Respondent, and a hearing was waived. The record is complete. A Consent Agreement was submitted by the parties to the Commission for consideration which was subsequently approved. 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 §21.29(b). Skrinjorich, 99 -001 -P December 6, 1999 Page 2 I. FINDINGS: 1. Ronald J. Skrinjorich is an adult individual who resides or maintains a mailing address at R.D. #3, Box 65A, Elizabeth, PA 15037. 2. Respondent was a candidate for the position of an Elizabeth Forward School Board Member in the 1999 primary election as that term is defined in Section 1 102 of the Ethics Act, 65 Pa.C.S. §1102. 3. Respondent as a candidate for public office was subject to the Statement of Financial Interests filing provisions of the Ethics Act. 4. The Public Official and Employee Ethics Act [previously required] that candidates for public office disclose all sources of credit in excess of $5,000.00 and the interest rate thereon. [65 P.S. §405(b)(4), now codified with a higher threshold at] 65 Pa.C.S. §1105(b)(4). 5. The Commission by the authority vested in it pursuant to Section 5(d) [ of Act 9 of 1989], 65 P.S. §405(d), increased the reporting threshold to $6,500.00 on February 21, 1997, which increase was published in the Pennsylvania Bulletin, No. 14, Volume 27, April 5, 1997, and No. 21, Volume 27, May 24, 1997. 6. Respondent, as a candidate for the Elizabeth Forward School Board, filed, on March 9, 1999, a Statement of Financial Interests. 7. In category 09 of said Statement of Financial Interests, Respondent checked the box indicating none in response to the request for information regarding creditors. 8. A United States Department of Treasury - Internal Revenue Service Notice of Federal Tax Lien (Form 668(y)(c)) on file with the Prothonotary of Allegheny County, Pittsburgh, Pennsylvania prepared, signed and dated December 15, 1998, indicates that as of November 23, 1998, Respondent Ronald Skrinjorich had an unpaid balance due the United States Government of $6,927.31. 9. By way of letter dated June 16, 1999, Respondent was advised in accordance with Section 1107(5) of the Ethics Act, 65 Pa.C.S. §1107(5), of specific deficiencies contained in his Statement of Financial Interests for calendar year 1998. 10. On June 17, 1999, a letter was forwarded to Respondent advising him that the letter of June 16, 1999, identified in Paragraph 6 above, contained an administrative error. a. This error specifically related to the identification of the category on the Financial Interest Statement that was alleged to be deficient. Respondent was advised by said letter to disregard the Commission's initial notice to him. b. The letter further advised that a subsequent notice was being forwarded which correctly identified the deficiencies on his Statement of Financial Skrinjorich, 99 -001 -P December 6, 1999 Page 3 11. Interests. By way of letter dated June 17, 1999, Respondent was advised of the specific deficiencies contained in his statement of Financial Interests for 1998. In this respect, Respondent was advised that Block 9 relating to creditors was deficient in that information had been received that he owed in excess of $6,500 which was not indicated on his Statement of Financial Interests for calendar year 1998. a. Said letter constituted the first notice to Respondent. b. Respondent was given a period of twenty (20) days within which to correct the noted deficiencies. 12. By way of letter received on June 23, 1999, Respondent advised that he was confused as to the request to amend his Statement of Financial Interests. Respondent further advised that he thought all of his debts were below $6,000 and thus not required to be listed. Respondent further advised that it may take longer than twenty (20) days to obtain information regarding his deficiency and thus requested an extension of time within which to file the Statement of Financial Interests. 13. By way of letter dated July 8, 1999, a final notice letter was forwarded to Respondent advising him of the deficiencies as heretofore outlined. a. Respondent was provided an additional twenty (20) days pursuant to this letter within which to file the amended Statement of Financial Interests correcting the deficiencies that had been noted in the previous letters to him. b. Said letter was mailed by United States Postal Service, Certified Mail No. Z 377 194 629. c. The return receipt indicates receipt on July 10, 1999, by Ron Skrinjorich. 14. Respondent failed to comply with the notice letters and submit an amended Statement of Financial Interests in accordance therewith. 15. By way of letter dated August 19, 1999, Respondent was again advised of his failure to correct the deficiencies and was offered an opportunity to file the amended Statement of Financial Interests no later than August 27, 1999. 16. Respondent has failed to file the amended Statement of Financial Interests in accordance with the previously issued notice letters. II. DISCUSSION: As a candidate in the 1999 primary election for the Office of School Director for the Elizabeth Forward School District, Respondent was subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §1101, e seg. Skrinjorich, 99 -001 -P December 6, 1999 Page 4 Pursuant to Section 1104(b)(2) of the Ethics Act, Respondent was specifically required to file a Statement of Financial Interests for the preceding calendar year with the Elizabeth Forward School Board - -as the governing authority of the political subdivision in which he was a candidate - -on or before the last day for filing a petition to appear on the ballot for election, and to also attach a copy to his said petition. Sections 1 104(b)(2) and (3) of the Ethics Act provide: (b) Candidate. -- (2) Any candidate for county -level or local office shall file a statement of financial interests for the preceding calendar year with the governing authority of the political subdivision in which he is a candidate on or before the last day for filing a petition to appear on the ballot for election. A copy of the statement of financial interests shall also be appended to such petition. (3) No petition to appear on the ballot for election shall be accepted by the respective State or local election officials unless the petition has appended thereto a statement of financial interests as set forth in paragraphs (1) and (2). Failure to file the statement in accordance with the provisions of this chapter shall, in addition to any other penalties provided, be a fatal defect to a petition to appear on the ballot. 65 Pa.C.S. §§1104(b)(2),(3). The complete financial disclosure which Respondent as a candidate was required to provide in the Statement of Financial Interests form is statutorily mandated in detail at Section 1 105 of the Ethics Act, 65 Pa.C.S. §1105. The pertinent provisions of Section 1105 which set forth the disclosure requirements applicable to this case are as follows: §1105. Statement of Financial Interests (a) Form. -- The statement of financial interests filed pursuant to this chapter shall be on a form prescribed by the commission. All information requested on the statement shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or equivalent affirmation. (b) Required information. -- The statement shall include the following information for the prior calendar year with regard to the person required to file the statement: (4) The name and address of each creditor to whom is owed in excess of $5,000 and the interest rate Skrinjorich, 99 -001 -P December 6, 1999 Page 5 65 Pa.C.S. §1109(f). thereon. However, loans or credit extended between members of the immediate family and mortgages securing real property which is the principal or secondary residence of the person filing shall not be included. 65 Pa.C.S. §§1105(a); (b)(4). Factually, Respondent filed a deficient Statement of Financial Interests for calendar year 1998, which constitutes a failure to comply with Section 1 105(b)(4) of the Ethics Act. Specifically, Respondent's Statement of Financial Interests for the calendar year 1998 was deficient in that Respondent failed to list the U.S. Department of Treasury - Internal Revenue Service as a creditor in excess of $6500. Section 1 109(f) of the Ethics Act provides as follows: (f) Civil Penalty. -- In addition to any other civil remedy or criminal penalty provided for in this chapter, the commission may, after notice has been served in accordance with section 1107(5) (relating to powers and duties of the Commission) and upon a majority vote of its members, levy a civil penalty upon any person subject to this chapter 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. An application of Section 1 109(f) to this case establishes that this Commission has the discretion to levy a maximum civil penalty against the Respondent for each delinquent or deficient Statement of Financial Interests. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Respondent did not remedy the failure to comply with the Ethics Act although given more than the usual grace period following Notice 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 filed an answer to the Order to Show Cause and requested a hearing. Thereafter, the parties submitted a Consent Agreement together with a Stipulation of Findings. The parties propose that this case be resolved by this Commission: (1) finding that Respondent, as a member of the Elizabeth Forward School Board, failed to comply with Section 1 105(b)(4) of the Ethics Act, 65 Pa.C.S. §1105(b)(4), when he filed a deficient Statement of Financial Interests for calendar year 1998 as a candidate for the Elizabeth Forward School Board, by failing to list the U.S. Department of Treasury- Skrinjorich, 99 -001 -P December 6, 1999 Page 6 Internal Revenue Service as a creditor in excess of $6500; (2) directing Respondent to make payment of a civil penalty in the amount of $250.00 in accordance with Section 1109(f) of the Ethics Act, 65 Pa.C.S. §1109(f), with said amount to be made payable to the Commonwealth of Pennsylvania but forwarded to this Commission within 30 days of the issuance of this Commission's Order adjudicating this matter; and (3) directing Respondent to file an amended Statement of Financial Interests for calendar year 1998 with the Elizabeth Forward School Board, and to forward a copy to this Commission, within 30 days of the issuance of this Commission's Order adjudicating this matter. We believe that the Consent Agreement is the proper disposition for this case, based upon our review of the totality of the facts and circumstances. Accordingly, we approve the consent agreement that has been submitted by the parties. We hereby find that Respondent Ronald J. Skrinjorich, as a member of the Elizabeth Forward School Board, failed to comply with Section 1105(b)(4) of the Ethics Act, 65 Pa.C.S. § 1105(b)(4), when he filed a deficient Statement of Financial Interests for calendar year 1998 as a candidate for the Elizabeth Forward School Board, by failing to list the U.S. Department of Treasury - Internal Revenue Service as a creditor in excess of $6500. We direct Respondent to make payment of a civil penalty in the amount of $250.00 in accordance with Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109(f), with said amount to be made payable to the Commonwealth of Pennsylvania but forwarded to this Commission within 30 days of the issuance of this Commission's Order adjudicating this matter. We further direct Respondent to file an amended Statement of Financial Interests for calendar year 1998 with the Elizabeth Forward School Board, and to forward a copy to this Commission, within 30 days of the issuance of this Commission's Order adjudicating this matter. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcement action. III. CONCLUSIONS OF LAW: 1. As a candidate in the 1999 primary election for the Office of School Director for the Elizabeth Forward School District, Respondent was subject to the provisions of the Ethics Act, 65 Pa.C.S. §1101 et seq. 2. Respondent, as a member of the Elizabeth Forward School Board, failed to comply with Section 1 105(b)(4) of the Ethics Act, 65 Pa.C.S. §1105(b)(4), when he filed a deficient Statement of Financial Interests for calendar year 1998 as a candidate for the Elizabeth Forward School Board, by failing to list the U.S. Department of Treasury - Internal Revenue Service as a creditor in excess of $6500. 3. Notice of the deficiency of Respondent's Statement(s) of Financial Interests for calendar year 1998 was previously served upon Respondent in accordance with Section 1107(5) of the Ethics Act, 65 Pa.C.S. §1107(5). 4. Based upon the totality of the circumstances in this case, a maximum civil penalty is warranted. IN RE: Ronald J. Skrinjorich Respondent State Ethics Commission 309 Finance Building P.O. Box 11470 Harrisburg, PA 17108 -1470 Attention: Investigative Division File Docket: 99 -001 -P Date Decided: 11/22/99 Date Mailed: 12/7/99 ORDER NO. 076 -S 1. Ronald J. Skrinjorich, as a member of the Elizabeth Forward School Board, failed to comply with Section 1105(b)(4) of the Ethics Act, 65 Pa.C.S. §1105(b)(4), when he filed a. deficient Statement of Financial Interests for calendar year 1998 as a candidate for the Elizabeth Forward School Board, by failing to list the U.S. Department of Treasury - Internal Revenue Service as a creditor in excess of $6500. 2. Based upon the circumstances of this case, Ronald J. Skrinjorich is directed to make payment of a civil penalty in the amount of $250.00 in accordance with Section 1109(f) of the Ethics Act, 65 Pa.C.S. §1109(f), with said amount to be made payable to the Commonwealth of Pennsylvania but forwarded to this Commission within 30 days of the issuance of this Order. 3. Respondent Ronald J. Skrinjorich is directed within 30 days of issuance of this Order to file a complete and accurate Statement of Financial Interests for calendar year 1998 with Elizabeth Forward School District, correcting all technical deficiencies noted above and providing full financial disclosure as required by the Ethics Act, and to forward a copy of same to this Commission at the following address to evidence compliance: 4. Failure to comply with any provision of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, etaltisA06 etue. Daneen E. Reese, Chair