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HomeMy WebLinkAbout090-S DanielsIN RE: Robert Daniels, Respondent STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Before: Daneen E. Reese, Chair Louis W. Fryman, Vice Chair Julius Uehlein John J. Bolger Frank M. Brown Susan Mosites Bicket File Docket: 00 -023 -P X -ref: Order 090 -S Date Decided: 06/20/00 Date Mailed: 07/07/00 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 1104 and 1105 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). Daniels, 00 -023 -P July 7, 2000 Page 2 FINDINGS: 1. Respondent is an adult individual who resides or maintains a mailing address at 415 North 6th Street, Allentown, PA 18102. 2. At all times relevant to these proceedings, Respondent has been a Constable and /or Deputy Constable in Lehigh County and as such Respondent has at all times relevant to these proceedings been a "public official" as that term is defined in Section 1102 of the Ethics Act, 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 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 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. 6. Said Notice letter provided Respondent an opportunity to avoid the institution of 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. 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. By Notice letter dated December 13], 1999, Respondent was served with Notice in accordance with Section 1107(5) of the Ethics Act of the specific allegations against Respondent concerning his failure to file the Statement(s) of Financial Interests for calendar year 1998. 9. Said Notice letter provided Respondent an opportunity to avoid the institution of 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. 10. 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. 11. On March 17, 2000, the Investigative Division of the State Ethics Commission instituted civil penalty proceedings regarding Respondent's failure to file the Statement(s) of Financial Interests, as heretofore noted. Daniels, 00 -023 -P July 7, 2000 Page 3 II. DISCUSSION: As a Constable and /or Deputy Constable in Lehigh County, Respondent Robert Daniels 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 Pa.C.S. §1101, et seq. Pursuant to Section 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 (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 and /or Deputy 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. 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). Daniels, 00 -023 -P E2000 Page 4 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 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 fling 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 Act. Respondent has failed to show cause why a civil penalty should not be levied against Respondent in this matter. We find that Respondent Robert Daniels, as a Constable and /or Deputy Constable in Lehigh 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 with the State Ethics Commission. We hereby levy one civil penalty against Respondent Robert Daniels 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. 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 the State Ethics 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 Lehigh County, Respondent Robert Daniels 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 Pa.C.S. §1101 et seq. 2. Respondent, as a Constable and /or Deputy Constable in Lehigh 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 with the State Ethics Commission. Daniels, 00 -023 -P July 7, 2000 Page 5 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 total amount of $250.00 is warranted. IN RE: Robert Daniels, Respondent File Docket: 00 -023 -P Date Decided: 06/20/00 Date Mailed: 07/07/00 ORDER NO. 090 -S 1. Robert Daniels, as a Constable and /or Deputy Constable in Lehigh County, failed to comply with Section 1104(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 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 Robert Daniels 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 Robert Daniels 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 COMMISSION, 4 a4tJ & � Daneen E. Reese, Chair