HomeMy WebLinkAbout117-S AhmedIN RE: Linda Ahmed,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
01 -006 -P
Order No. 117 -S
11/15/01
11/30/01
Before: Daneen E. Reese, Chair
Louis W. Fryman, Vice Chair
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
Michael Healey
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 deemed 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).
Ahmed, 01 -006 -P
November 30, 2001
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
609 E. 21st Street, Chester, PA 19013.
2. At all times relevant to these proceedings, Respondent has been a Philadelphia
School District Principal /Administrator 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 1999 — 2001.
3. Respondent as a public official is subject to the Statement of Financial Interests
filing provisions of the Ethics Law.
4. Respondent failed to provide full financial disclosure as required by the Ethics
Law. Respondent failed to file Statements of Financial Interests for calendar
year(s) 1999 with the State Ethics Commission, which Statements of Financial
Interests were to be filed by May 1 of 2000, and Respondent has therefore
transgressed Sections 4 and 5 of the Ethics Law, 65 P.S. § §1104, 1105.
5. By Notice letter dated November 28, 2000, 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(s) 1999 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(s) 1999 so as to comply with the specific requirements of the
Ethics Law.
6. By Notice letter dated April 25, 2001, 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(s) 1999 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(s) 1999 so as to comply with the specific requirements of the
Ethics Law.
7 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 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).
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November 30, 2001
Page 3
8. 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.
9. Though beyond the time of response set forth in the Order to Show Cause, as of
September 26, 2001, Respondent has now complied with her reporting obligation
for the 1999 calendar year citing personal medical ailments as responsible for the
delinquency.
II. DISCUSSION:
As a Principal for the Philadelphia School District, Respondent Linda Ahmed was
at all times relevant to these proceedings a "public official /public employee" 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, Ahmed was specifically required to
file a Statement of Financial Interests for calendar year 1999 with the Philadelphia
School District on or before May 1, 2000. 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 Linda Ahmed as a Principal 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
Ahmed, 01 -006 -P
November 30, 2001
Page 4
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 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.
Subsequently, the parties entered into a Consent Agreement proposing that this
case be resolved by this Commission: (1) finding that Ahmed, as a Principal for the
Philadelphia School District, failed to comply with Section 1104 of the Ethics Act, 65
Pa.C.S. § 1104, when she failed to timely file a Statement of Financial Interests for
calendar year 1999; and (2) levying a civil penalty against Respondent in the amount of
$100.00 payable to the Commonwealth of Pennsylvania through this Commission.
We take administrative notice that Respondent filed her 1999 calendar year
Statement of Financial Interests on September 26, 2001.
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 Linda Ahmed, as a Principal for the Philadelphia
School District, failed to comply with Section 1104 of the Ethics Act, 65 Pa.C.S. §1104,
when she failed to file a Statement of Financial Interests for calendar year 1999. We
direct Respondent to make payment of a civil penalty in the total amount of $100.00 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 and forwarded to
this Commission within 30 days of the issuance of this Commission's Order adjudicating
this matter.
III. CONCLUSIONS OF LAW:
1. As a Principal for the Philadelphia School District, Respondent Linda Ahmed was
at all times relevant to these proceedings a "public official /public employee"
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 Principal for the Philadelphia School District, failed to comply
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when she failed to
Ahmed, 01 -006 -P
November 30, 2001
Page 5
file a Statement of Financial Interests for calendar year 1999 with the State
Ethics Commission.
3. Notice of the delinquency of Respondent's Statement of Financial Interests for
calendar year 1999 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 $100.00 is warranted.
IN RE: Linda Ahmed
Respondent
ORDER NO. 117 -S
File Docket: 01 -006 -P
Date Decided: 11/15/01
Date Mailed: 11/30/01
1 Linda Ahmed, as a Principal for the Philadelphia School District, failed to comply
with Section 1104(a) of the Public Official and Employee Ethics Act ( "Ethics Act "),
65 Pa.C.S. §1104(a), when she failed to file a Statement of Financial Interests for
calendar year 1999 with the State Ethics Commission.
2. As per the Consent Agreement of the parties, Linda Ahmed is directed to make
payment of a civil penalty in the total amount of $100.00 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 and forwarded to this
Commission within 30 days of the issuance of this Order.
3. Failure to comply with any provision of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
DANEEN E. REESE, CHAIR