Loading...
HomeMy WebLinkAbout1225 LegreeIn Re: Richard Legree File Docket: X -ref: Date Decided: Date Mailed: Before: Daneen E. Reese, Chair Louis W. Fryman, Vice Chair John J. Bolger Frank M. Brown Susan Mosites Bicket Donald M. McCurdy Michael Healey 00- 079 -C2 Order No.1225 11/15/01 11/30/01 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. §1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date 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). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Legree, 00- 079 -C2 Page 2 I. ALLEGATION: That Richard Legree, a public official /public employee, in his capacity as a Constable for Chester County, violated Section 4(a)/1104(a) of the Ethics Act (Act 93 of 1998, 65 Pa.C.S. §1101 et. seq.) when he failed to file Statements of Financial Interests for the 1995, 1996, 1997, 1998, and 1999 calendar years. II. FINDINGS: 1. Richard Legree has served as an elected Constable for the City of Coatesville, Second Ward, Chester County, since approximately 1986. a. Legree was most recently elected to the position of Constable in the Third Ward for the City of Coatesville in November 1997. 2. During calendar years 1995 through and including 1999, Legree did not file Statements of Financial Interests as a Constable for the second or third ward of the City of Coatesville. 3. Legree was aware of the filing requirements for elected officials such as the Constable position that he held. 4. On February 20, 2001, the State Ethics Commission received Statements of Financial Interests for Richard Legree for the 1995 through 1999 calendar years. a. The forms were forwarded by John L. Lachall, attorney for Richard Legree. b. The forms were received twelve (12) days after Legree's receipt of the Notice of Investigation date[d] February 12, 2001 (See Finding No. 4(b)). 5. Lachall's cover letter dated February 14, 2001, contained the following information regarding Legree's failure to file Statements of Financial Interests: "Mr. Legree regrets that he has not filed Statements of Financial Interests for the years 1995, 1996, 1997, 1998, and 1999. He did not do this for several reasons. 1. During this time period, he suffered the loss of 3 family members — i.e., 2 brothers and his mother. Attached hereto are photocopies of the Order for service for Angelo Tyrone Legree and Searville H. Winters, Jr., Mr. Legree's brothers, and for Alice R. Trowery Winters Ingram, Mr. Legree's mother. 2. The District Court for which he did most of his constable work was occupied by District Justice Brenda Bicking who refused to employ Mr. Legree. Therefore, during that period from 1994 to 2000, Mr. Legree did little or no constable work. Now, Judge Robert Davis has been elected to that District Court in Coatesville. Mr. Legree is again getting constable work from that district. Also during this time period, as a result of Mr. Legree's being unable to get any constable work from the district court in question, Mr. Legree suffered severe financial hardship. Also during that time period, Mr. Legree suffered from a severe and disabling back problem. The unavailability of work out of the district court together with the physical ailments from which Mr. Legree suffered necessitated his filing bankruptcy. Legree, 00- 079 -C2 Page 3 As you can see from the above, this was a very difficult time for Mr. Legree. Of course, it did not excuse his failure to file Statements of Financial Interests during the time periods in question, however, we hope you will take this into account when assessing Mr. Legree's situation. Attached hereto are the appropriate Statement of Financial Interests forms for the years 1995, 1996, 1997, 1998, and 1999." 6. After an illness lasting several years, Legree's mother, Alice R. Trowery Winters Ingram, passed away on April 6, 2000, well after the deadline when Legree should have filed Statements of Financial Interests for the 1995 through 1998 calendar years. 7 Legree's brother, Searville H. Winters, Jr., passed away after a prolonged illness on April 2, 1997, two years after Legree failed to file Statements of Financial Interests for the 1995 calendar year and at least one year prior to the 1998 and 1999 calendar year due dates for filing Statements of Financial Interests. 8. Legree's brother, Angelo Tyrone Legree, died on January 10, 1994, after a prolonged illness prior to the due dates for any filings which are the subject of this investigation. 9. Statements of Financial Interests submitted to the State Ethics Commission by Legree disclosed the following regarding sources of income and creditors for the 1994 through 1999 calendar years: a. Calendar year 1994: Sources of Income: Valley Township Police Department Constable Noted: On my attached return I included in my constable income money paid to me from Diamond Rental — Coatesville and Attorney John Lachall. Creditors: b. Calendar year 1995: Sources of Income: Creditors: PA Higher Education Student Loan IV Bank $11,000 GMAC — 2 leased vehicles PECO Valley Township Police Department Constable John Lachall Diamond Rental PA Higher Education — Student Loan IV Bank High Excavating PECO Dorothy Smith c. Calendar year 1996: Sources of Income: Valley Township Police Department Constable Legree, 00- 079 -C2 Page 4 Creditors: d. Calendar year 1997: Sources of Income: f. Calendar year 1999: Sources of Income: LECET Constable John Lachall Diamond Rental Premium Life Insurance PA Higher Education — IV Bank PECO GMAC High Energy Contr. Co. Valley Township Police Department Constable John Lachall Rentway PrimeAmerica Creditors: PHEAA Loan e. Calendar year 1998: Sources of Income: LECET /Constable Creditors: High Energy Construction PECO Vehicle Loan — Fleetway Leasing Student Loan — PHEAA Creditors: Attached was bankruptcy report listing 25 creditors. 10. Records of Chester County reflect payments as follows to Legree for services performed as constable: a. 08/08/2000 to 12/12/2000: $9,093.05 b. 01/16/2001 to 07/10/2001: $9,869.10 11. The above compensation was paid to Legree from public funds during a time period during which he did file a Statement of Financial Interests as required by the Ethics Law. 12. County records disclose no payments to Legree for constable services prior to August 2000. a. Legree reported income as a constable on Statements of Financial Interest[s] for calendar years 1994 through 1999. III. DISCUSSION: At all times relevant to this matter, the Respondent, Richard Legree, hereinafter Legree, has been a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, et seq., as codified Legree, 00- 079 -C2 Page 5 by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegation is that Legree, a public official /public employee, in his capacity as a Constable for Chester County, violated Section 4(a)/1104(a) of the Ethics Act when he failed to file Statements of Financial Interests for the 1995, 1996, 1997, 1998, and 1999 calendar years. Section 4(a)/1104(a) of the Ethics Act requires that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. §4/1104. 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 P.S. §404(a)/65 Pa.C.S. §1104(a). As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Legree has served as a Constable for the City of Coatesville, Second Ward, Chester County, since approximately 1986. Legree was most recently re- elected to the position of Constable in the Third Ward for the City of Coatesville in November 1997. Although Legree was aware of the filing requirements for public officials, he did not file Statements of Financial Interests (FIS's) for calendar years 1995, 1996, 1997, 1998, and 1999 by the May 1 deadline. After receiving a Notice of Investigation from the State Ethics Commission, in February 2001, Legree, by and through his attorney, John L. Lachall, Esquire (Lachall) forwarded FIS forms for calendar years 1995 through 1999 to the Commission. Lachall, in his cover letter, explained that Legree did not file FIS forms for 1995 thought 1999 due to the deaths of his two brothers and mother. Lachall further explained that Legree performed very little constable work during 1994 to 2000 because the district justice in the district court for which Legree performed most of his constable work refused to employ him. Lachall stated that the unavailability of constable work for Legree coupled with a severe and disabling back problem resulted in Legree filing bankruptcy. Legree, 00- 079 -C2 Page 6 After prolonged illnesses, Alice R. Trowery Winters Ingram passed away on April 6, 2000, Searville H. Winters, Jr. passed away on April 2, 1997, and Angelo Tyrone Legree passed away on January 10, 1994. Despite the fact that Legree reported that he had received income as a constable on his FIS forms for calendar years 1994 through 1999, county records disclose no payments to Legree for constable services prior to August 2000. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations. The Consent Agreement proposes that the Commission find violations of Section 1104(a) of the Ethics Act by Legree in relation to the allegation that he failed to timely file his FIS's for the 1995, 1996, 1997, 1998, and 1999 calendar years; and that Legree will make a payment of $600 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of the mailing of this Order. Legree, as a Constable for Chester County, is a public official required to annually file an FIS on or before May 1 for the prior calendar year. In this case, Legree failed to file FIS's for calendar years 1995, 1996, 1997, 1998, and 1999 on or before the May 1St deadline. In that the deaths of Legree's family members occurred well before or after the filing deadlines, we do not believe that such losses, together with Legree's financial and physical hardships, created extenuating circumstances in terms of this Commission finding a violation or imposing a penalty. Accordingly, Legree violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file his FIS's for the calendar years 1995, 1996, 1997, 1998, and 1999. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Legree is directed to make payment of $600 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing date of this Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Legree, as a Constable in Chester County, is a public official subject to the provisions of Act 9 of 1989/Act 93 of 1998. 2. Legree violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file his Statements of Financial Interests for the 1995, 1996, 1997, 1998, and 1999 calendar years. In Re: Richard Legree ORDER NO. 1225 File Docket: 00- 079 -C2 Date Decided: 11/15/01 Date Mailed: 11/30/01 1 Legree, as a Constable in Chester County, violated Section 4(a)/1104(a) of the Ethics Act when he failed to timely file his Statements of Financial Interests for the 1995, 1996, 1997, 1998, and 1999 calendar years. 2. Per the Consent Agreement of the parties, Legree is directed to make payment of $600 to the Commonwealth of Pennsylvania through this Commission within 30 days of the mailing date of this Order. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, DANEEN E. REESE, CHAIR