HomeMy WebLinkAbout101-S MoyerIN RE: Wilbur Moyer,
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Before: Louis W. Fryman, Vice Chair
Julius Uehlein
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
File Docket: 00 -053 -P
X -ref: Order 101 -S
Date Decided: 09/20/00
Date Mailed: 10/05/00
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 4/1104 and 5/1105 of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 P.S. §401 et seq. /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 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 §21.29(b).
Moyer, 00 -053 -P
October 5, 2000
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
P.O. Box 95, Myerstown, PA 17067.
2. At all times relevant to these proceedings, Respondent has been a Constable
and /or Deputy Constable in Lebanon County and as such Respondent has at all
times relevant to these proceedings been a "public official" as that term is defined
in Section 2/1102 of the Ethics Act, 65 P.S. §402/65 Pa.C.S. §1102.
a. Respondent specifically held the aforesaid position in 1998.
3. Respondent as a public official is subject to the Statement of Financial Interests
filing provisions of the Ethics Act.
4. Respondent has failed to provide full financial disclosure as required by the
Ethics Act. Respondent has failed to file Statement(s) of Financial Interests for
calendar year 1998 with the State Ethics Commission, which Statement(s) of
Financial Interests were to be filed by May 1, 1999.
5. By Notice letter dated November 5, 1999, Respondent was served with Notice in
accordance with Section 7(5)/1107(5) of the Ethics Act of the specific allegations
against Respondent concerning the failure to file the Statement(s) of Financial
Interests for calendar year 1998. Said Notice letter provided Respondent an
opportunity to avoid the institution of these civil penalty proceedings by filing
accurate and complete Statement(s) of Financial Interests for calendar year 1998
within twenty (20) days of the date of the Notice letter.
6. By Notice letter dated December [13], 1999, Respondent was served with Notice
in accordance with Section 7(5)/1107(5) of the Ethics Act of the specific
allegations against Respondent concerning the failure to file the Statement(s) of
Financial Interests for calendar year 1998. Said Notice letter provided
Respondent an opportunity to avoid the institution of these civil penalty
proceedings by filing accurate and complete Statement(s) of Financial Interests
for calendar year 1998 within twenty (20) days of the date of the Notice letter.
7. The twenty -day deadline set forth in the said final Notice letter to Respondent
has expired and the Respondent has not complied. Respondent has failed to file
Statement(s) of Financial Interests for calendar year 1998 so as to comply with
the specific requirements of the Ethics Act.
8. There are no mitigating circumstances of record.
II. DISCUSSION:
As a Constable and /or Deputy Constable in Lebanon County, Respondent Wilbur
Moyer was at all times relevant to these proceedings a "public official' subject to the
provisions of the Public Official and Employee Ethics Act ('Ethics Act "), 65 P.S. §401 et
seq. /65 Pa.C.S. §1101, et seq.
Pursuant to Section 4(a /1104(a) of the Ethics Act, Respondent was specifically
required to file a Statement of Financial Interests for calendar year 1998 with the State
Ethics Commission on or before May 1, 1999. Section 1104(a) provides:
§1104. Statement of financial interests required to be filed
Mover, 00 -053 -P
October 5, 2000
Page 3
(a) Public official or public employee. - -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 osition 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 Pa.C.S. §1104(a).
The complete financial disclosure which Respondent as a Constable and /or
Deputy Constable was required to provide in the Statement of Financial Interests form is
statutorily mandated in detail at Section 5/1105 of the Ethics Act, 65 P.S. §405/65
Pa.C.S. §1105.
Section 1109(f) of the Ethics Act provides as follows:
§1109. Penalties
(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 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.
65 Pa.C.S. §1109(f).
An application of Section 1109(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 7(5)/
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 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
Moyer, 00 -053 -P
October 5, 2000
Page 4
with the Ethics Act. Respondent has failed to show cause why a civil penalty should not
be levied against Respondent in this matter.
We find that Respondent Wilbur Moyer, as a Constable and /or Deputy Constable
in Lebanon County, failed to comply with Section 4(a)/1104(a) of the Ethics Act, 65 P.S.
§404(a)/65 Pa.C.S. §1104(a), when he failed to file a Statement of Financial Interests
for calendar year 1998 with the State Ethics Commission.
We hereby levy one civil penalty against Respondent Wilbur Moyer at the rate of
Twenty -Five Dollars ($25.00) per day, for each day Respondents Statement of
Financial Interests for calendar year 1998 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 make payment of the above civil penalty in the
amount of $250:00 within 30 days of the issuance of this adjudication and Order, by
forwarding a check to this Commission made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
Respondent shall be ordered to file a complete and accurate Statement of
Financial Interests for calendar year 1998 with this Commission within 30 days of the
issuance of this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. As a Constable and /or Deputy Constable in Lebanon County, Respondent Wilbur
Moyer was at all times relevant to these proceedings a "public official" subject to
the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
P.S. §401 et seq. /65 Pa.C.S. §1101 et seq.
2. Respondent, as a Constable and /or Deputy Constable in Lebanon County, failed
to comply with Section 4(a)/1104(a) of the Ethics Act, 65 P.S. §404(a)/65 Pa.C.S.
§1104 a), when he failed to file a Statement of Financial Interests for calendar
year 1 98 with the State Ethics Commission.
3. Notice of the delinquency of Respondent's Statement of Financial Interests for
calendar year 1998 was previously served upon Respondent in accordance with
Section 7(5)/1107(5) of the Ethics Act, 65 P.S. §407(5)/65 Pa.C.S. §1107(5).
4. Based upon the totality of the circumstances in this case, a civil penalty in the
total amount of $250.00 is warranted.
IN RE: Wilbur Moyer,
Respondent
File Docket: 00 -053 -P
Date Decided: 09/20/00
Date Mailed: 10/05/00
ORDER NO. 101 -S
1. Wilbur Moyer, as a Constable and /or Deputy Constable in Lebanon County,
failed to comply with Section 4(a )/1104(a) of the Public Official and Employee
Ethics Act ("Ethics Act "), 65 P.S. §404(a)/65 Pa.C.S. §1104(a), when he failed to
file a Statement of Financial Interests for calendar year 1998 with the State
Ethics Commission.
2. This Commission hereby levies one civil penalty against Respondent Wilbur
Moyer at the rate of Twenty -Five Dollars ($25.00 per day for each day
Respondent's Statement of Financial Interests for calendar year 1998 has
remained delinquent, for a total civil penalty of Two - Hundred and Fifty Dollars
($250.00). Respondent is ordered to pay the said civil penalty in the total amount
of $250.00 within 30 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 Wilbur Moyer is ordered to file a complete and accurate Statement
of Financial Interests for calendar year 1998 with the State Ethics Commission
within 30 days of issuance of this Order.
4. Failure to comply with any provision of this Order will result in the initiation of an
appropriate enforcement action.
BY,THE COMMISSI s N,
outs . ryman, 'J ce hair