HomeMy WebLinkAbout091-S IgimsIN RE: James T. Igims,
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 00 -027 -P
X -ref: Order 091 -S
Date Decided: 06/20/00
Date Mailed: 07/07/00
Before: Daneen E. Reese, Chair
Louis W. Fryman, Vice Chair
Julius Uehlein
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 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).
Dims, 00 -027 -P
Jul 7, 2000
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
7 Creek Road, McKees Rocks, PA 15136.
At all times relevant to these proceedings, Respondent has been a Constable
and /or Deputy Constable in Allegheny 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.
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 conceming 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.
/Rims, 00 -027 -P
July 7, 2000
Page 3
II. DISCUSSION:
As a Constable and /or Deputy Constable in Allegheny County, Respondent
James T. Igims 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(0 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(0.
/Rims, ims, 00 -027 -P
July 7, 2000
Page 4
An application of Section 1109(0 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 Act. Respondent has failed to show cause why a civil penalty should not
be levied against Respondent in this matter.
We find that Respondent James T. Igims, as a Constable and /or Deputy
Constable in Allegheny 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 enalty against Respondent James T. Igims 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 Allegheny County, Respondent
James T. Igims 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 Allegheny 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.
Igims, 00 -027 -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: James T. Igims,
Respondent
ORDER NO. 091 -S
File Docket: 00 -027 -P
Date Decided: 06/20/00
Date Mailed: 07/07/00
1 James T. Igims, as a Constable and /or Deputy Constable in Allegheny 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 James T.
Igims at the rate of Twen 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 James T. Igims 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,
A ettle.i
Daneen E. Reese, Chair