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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). Ahmed, 01 -006 -P 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