HomeMy WebLinkAbout086-S ChervickIN RE: Jonathan Chervick,
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Before: Daneen E. Reese, Chair
Julius Uehlein
Louis W. Fryman
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
File Docket: 00 -012 -P
X -ref: Order 086 -S
Date Decided: 4/12/2000
Date Mailed: 4/28/2000
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 1104 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).
Cheivick, 00 -012 -P
April 18, 2000
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
P.O. Box 109, New Brighton, PA 15066.
2. At all times relevant to these proceedings, Respondent has been a Constable
and /or Deputy Constable in Beaver 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,
1105.
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 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
Chervick, 00 -012 -P
April 18, 2000
Page 3
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.
I1. DISCUSSION:
As a Constable in Beaver 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 1104. 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).
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 1105 of the Ethics Act, 65 Pa.C.S. §1105.
Chervick, 00 -012 -P
April 18, 2000
Page 4
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.
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 1 107(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 Jonathan Chervick, as a Constable in Beaver
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 Beaver County. We direct Respondent 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
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
further action. Noncompliance will result in the institution of an order enforcement
action.
III. CONCLUSIONS OF LAW:
Chervick, 00 -012 -P
April 18, 2000
Page 5
1. As a Constable in Beaver County, Respondent was subject to the provisions of
the Ethics Act, 65 Pa.C.S. §1101 at seq.
2. Respondent, as a Constable in Beaver 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 Constable in Beaver
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 8250.00 is warranted.
IN RE: Jonathan Chervick,
Respondent
ORDER NO. 086 -S
File Docket: 00 -012 -P
Date Decided: 4/12/2000
Date Mailed: 4/28/2000
1. Jonathan Chervick, as a Constable in Beaver 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
Beaver County.
2. Based upon the circumstances of this case, Jonathan Chervick 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 Jonathan Chervick 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,
ettAt_i
Daneen E. Reese, Chair