HomeMy WebLinkAbout110-S PavlikIN RE: John Pavlik, II
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 -057 -P
X -ref: Order 110 -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 waived. The record is complete. A Consent Agreement was submitted by
the parties to the Commission for consideration which was subsequently approved.
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).
Pavlik, 11, 00 -057 -P
October 5, 2000
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address
at 2126 Varley Street, Pittsburgh, PA 15212.
2. 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 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 file a Statement of Financial Interests for calendar
year 1998 with the State Ethics Commission, which Statement of Financial
Interests was 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 of Financial Interests.
6. Said Notice letter provided Respondent an opportunity to avoid the institution
of civil penalty proceedings by filing an accurate and complete Statement of
Financial Interests for calendar year 1998 within twenty (20) days of the date
of the Notice letter.
7. Respondent has failed to file a Statement 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 7(5)/1107(5) of the Ethics Act of the
specific allegations against Respondent concerning his failure to file the
Statement of Financial Interests.
9. Said Notice letter provided Respondent an opportunity to avoid the institution
of civil penalty proceedings by filing an accurate and complete Statement of
Financial Interests for calendar year 1998 within twenty (20) days of the date
of the Notice letter.
10. Respondent has failed to file a Statement of Financial Interests for calendar
year 1998 so as to comply with the specific requirements of the Ethics Act.
11. On June 5, 2000, the Commission instituted civil penalty proceedings
regarding Respondent's failure to file the Statement of Financial Interests, as
heretofore noted.
II. DISCUSSION:
As a Constable in Allegheny County, Respondent John Pavlik, II 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
Pavlik 11, 00 -057 -P
October 5, 2000
Page 3
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 osition 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 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.
The parties propose that this case be resolved by this Commission: (1) finding that
Pavlik 11, 00 -057 -P
October 5, 2000
Page 4
Respondent, as a Constable in Allegheny County, failed to comply with Section 4/1104 of
the Ethics Act, 65 P.S. §404/65 Pa.C.S. §1104, when he failed to file a Statement of
Financial Interests for calendar year 1998 as a Constable in Allegheny County; (2) levying
a civil penalty against Respondent in the total amount of $75.00 in accordance with Section
9(f)/1109(f) of the Ethics Act, 65 P.S. §409(f)/65 Pa.C.S. §1109(f), with said amount to be
made ayable to the Commonwealth of Pennsylvania and forwarded to this Commission
within 30 days of the issuance of this Commission's Order adjudicating this matter; and (3)
directing Respondent to file a Statement of Financial Interests for calendar year 1998 with
this Commission within 30 days of the issuance of this Commission's Order adjudicating
this matter.
We believe that the Consent Agreement is the proper disposition for this case,
based upon our review of the totality of the facts and circumstances. Accordingly, we
approve the Consent Agreement that has been submitted by the parties.
We hereby find that Respondent John Pavlik, Il, as a Constable in Allegheny
County, failed to comply with Section 4/1104 of the Ethics Act, 65 P.S. §404/65 Pa.C.S.
§1104, when he failed to file a Statement of Financial Interests for calendar year 1998 as a
Constable in Allegheny County. We direct Respondent to make payment of a civil !penalty
in the total amount of $75.00 in accordance with Section 9(f)/1109(f) of the Ethics Act, t65
P.S. §409(f)/65 Pa.C.S. §1109(f), with said amount to be made payable to the
Commonwealth of Pennsylvania and forwarded to this Commission within 30 days of the
issuance of this Commission's Order adjudicating this matter, for deposit in the State
Treasury. We further direct Respondent to file a Statement of Financial Interests for
calendar year 1998 with this Commission within 30 days of the issuance of this
Commission's Order adjudicating this matter.
III. CONCLUSIONS OF LAW:
1. As a Constable in Allegheny County, Respondent John Pavlik, II 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 in Allegheny County, failed to comply with Section
4/1104 of the Ethics Act, t ffor ca�endaP as a i when he
Constablean Allegh file
eny
Statement of Financial In e Y
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 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 $75.00 is warranted.
IN RE: John Pavlik, II
Respondent
File Docket: 00 -057 -P
Date Decided: 09/20/00
Date Mailed: 10/05/00
ORDER NO. 110 -S
1. John Pavlik, II, as a Constable in Allegheny County, failed to comply with Section
4/1104 of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 P.S.
§404/65 Pa.C.S. §1104, when he failed to file a Statement of Financial Interests for
calendar year 1998 as a Constable in Allegheny County.
2. As per the Consent Agreement of the parties, John Pavlik, II is directed to make
payment of a civil penalty in the total amount of $75.00 in accordance with Section
9( f /1109(f) of the Ethics Act, 65 P.S. §409(f)165 Pa.C.S. §1109(f), with said amount
to be made payable to the Commonwealth of Pennsylvania and forwarded to this
Commission within 30 days of the issuance of this Order, for deposit in the State
Treasury.
3. Respondent John Pavlik, II is directed 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 Order.
4. 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.
BY THE COMMISSION,
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