HomeMy WebLinkAbout085-S BerezovskeIN RE: Gregory Berezovske,
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 00 -002 -P
X -ref: Order 085 -S
Date Decided: 4/12/2000
Date Mailed: 4/28/2000
Before: Daneen E. Reese, Chair
Julius Uehlein
Louis W. Fryman
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
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 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).
Berezovske, 00 -002 -P
April 14, 2000
Page 2
I FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address
at 420 West Fourth Street, Mt. Carmel, PA 17851.
2. At all times relevant to these proceedings, Respondent has been a Constable
and /or Deputy Constable in Northumberland 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 of the Ethics Law, 65 P.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 Law.
4. Respondent has failed to provide full financial disclosure as required by the
Ethics Law. Respondent has failed to file Statements of Financial Interests
for calendar year 1998 with the State Ethics Commission, which Statements
of Financial Interests were to be filed by May 1, of 1999, and Respondent
has therefore transgressed Sections 4 and 5 of the Ethics Law, 65 P.S.
§ §1104, 1 105.
5. By Notice letter dated November 5, 1999, Respondent was served with
Notice in accordance with Section 7(5) of the Ethics Law of the specific
allegations against Respondent concerning the above transgression. Said
Notice letter provided Respondent an opportunity to avoid the institution of
these civil penalty proceedings by filing accurate and complete Statements of
Financial Interests for calendar year 1998 within twenty (20) days of the
date of the Notice letter. Respondent has failed and refused to file
Statements of Financial Interests for calendar year 1998 so as to comply
with the specific requirements of the Ethics Law. A true and correct copy of
the said Notice letter is attached hereto as collective Exhibit "A" and made a
part hereof.
6. By Notice letter dated December 3, 1999, Respondent was served with
Notice in accordance with Section 7(5) of the Ethics Law of the specific
allegations against Respondent concerning the above transgression. Said
Notice letter provided Respondent an opportunity to avoid the institution of
these civil penalty proceedings by filing accurate and complete Statements of
Financial Interests for calendar year 1998 within twenty (20) days of the
date of the Notice letter. Respondent has failed and refused to file
Statements of Financial Interests for calendar year 1998 so as to comply
with the specific requirements of the Ethics Law. A true and correct copy of
the said Notice letter is attached hereto as collective Exhibit "B" and made a
part hereof.
6. Section 9(f) of the Ethics Law provides:
Section 9. Penalties
(f) In addition to any other civil remedy or criminal
penalty provided for in this act, the commission may, after
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April 14, 2000
Page 3
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. §1109(f).
7. For each violation the Commission finds, Respondent is subject to civil
penalty liability under Section 9(f) of the Ethics Law, 65 P.S. §1109(f) at a
rate of not more than $25.00 per day for each day the Statement of
Financial Interests remains delinquent or deficient, for a maximum civil
penalty of $250.00 per violation. Because Respondent has committed one
(1) violation alleged herein, Respondent is subject to total maximum civil
penalty liability of $250.00 for said violation.
8. There are no mitigating circumstances and Respondent should be assessed
the maximum civil penalty of $250.00 for each violation, in that the twenty -
day deadline set forth in the said final Notice letter to Respondent has
expired and the Respondent has not complied.
II. DISCUSSION:
As a Constable in Northumberland County, Respondent was subject to the
provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S.
§1101, et seq.
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 State Ethics Commission on or before May 1, 1999.
Section 1104(a):
Section 1 104. Statement of financial interests required to be filed.
(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 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 Pa.C.S. §1104(a).
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April 14, 2000
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The complete financial disclosure which Respondent as a Constable 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.
Section 1109(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.
65 Pa.C.S. §1109(f).
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 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 hereby find that Respondent Gregory Berezovske, as a Constable in
Northumberland County, failed to comply with Section 1104(a) of the Ethics Act,
65 Pa.C.S. §1104(a), when he failed to file a Statement of Financial Interests for
calendar year 1998 as a Constable in Northumberland County. 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 a Statement of
Financial Interests for calendar year 1998 with the State Ethics 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
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April 14, 2000
Page 5
further action. Noncompliance will result in the institution of an order enforcement
action.
III. CONCLUSIONS OF LAW:
1. As a Constable in Northumberland County, Respondent was subject to the
provisions of the Ethics Act, 65 Pa.C.S. §1101 et seq.
2. Respondent, as a Constable in Northumberland County failed to comply with
Section 1 104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when he failed to
file a Statement of Financial Interests for calendar year 1998 as Constable in
Northumberland County.
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 1107(5) of the Ethics Act, 65 Pa.C.S. §1107(5).
4. Based upon the totality of the circumstances in this case, a civil penalty in
the amount of $250.00 is warranted.
IN RE: Gregory Berezovske,
Respondent
ORDER NO. 085 =S
File Docket: 00 -002 -P
Date Decided: 4/12/2000
Date Mailed: 4/28/2000
1. Gregory Berezovske, as a Constable in Northumberland County, failed to
comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when
he failed to file a Statement of Financial Interests for calendar year 1998 as
a Constable in Northumberland County.
2. Based upon the circumstances of this case, Gregory Berezovske is directed
to make payment of a civil penalty in the amount of $250.00 in accordance
with Section 1 109(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 Gregory Berezovske 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 State Ethics Commission.
4. Failure to comply with any provision of this Order will result in the initiation
of an appropriate enforcement action.
BY THE COMMISSION,
E 6.1.4L-1
Daneen E. Reese, Chair