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Home My WebLink About119-S Ohl-CrissmanIN RE: Frieda Ohl - Crissman Respondent File Docket: X -ref: Date Decided: Date Mailed: 01 -013 -P Order No. 119 -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 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 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). Ohl - Crissman, 01 -013 -P November 30, 2001 Page 2 I. FINDINGS: 1. Respondent is an adult individual who resides or maintains a mailing address at 51 Crossitt Road, Transfer, PA 16154. 2. At all times relevant to these proceedings, Respondent has been a Reynolds School District Board Member 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 1997 -1998. 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 ensure timely filing of her Statement of Financial Interests for calendar year(s) 1997 with the State Ethics Commission, which Statement of Financial Interests was to be filed by May 1 of 1998, and Respondent has therefore transgressed Sections 4 and 5 of the Ethics Law, 65 P.S. § §1104, 1105. a. On August 2, 2001, a Petition for Civil Penalties was filed against Respondent. b. Respondent on August 27, 2001, submitted her completed 1997 calendar year reporting statement with a letter of explanation but did not request an administrative hearing. c. On September 10, 2001, a proof of service of the petition was filed by the Investigative Division. d. On September 10, 2001, an Order to Show Cause was issued to Respondent requiring an answer and request for hearing by October 10, 2001. e. A second letter of explanation but no request for hearing was received from respondent on October 11, 2001. 5. By Notice letter dated February 12, 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 Statement of Financial Interests for calendar year(s) 1997 within twenty (20) days of the date of the Notice letter. .. . 6. By Final Notice letter dated June 8, 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 an accurate and complete Statement of Financial Interests for calendar year(s) 1997 within twenty (20) days of the date of the Notice letter. . . . 7 Section 9(f) of the Ethics Law provides: Section 9. Penalties Ohl - Crissman, 01 -013 -P November 30, 2001 Page 3 (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). 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. II. DISCUSSION: As a Reynolds School District Board Member, Respondent 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(b)(2)/1104(b)(2) of the Ethics Act, Respondent was specifically required to file a Statement of Financial Interests for the 1997 calendar year with the Reynolds School District on or before May 1 of 1998. Section 4(a)/1104(a) provides: Section 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). The complete financial disclosure, which Respondent, as Reynolds School District Board Member, 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 9(f)/1109(f) of the Ethics Act provides as follows: Ohl - Crissman, 01 -013 -P November 30, 2001 Page 4 (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 the 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 P.S. § 409(f)/65 Pa.C.S. §1109(f). An application of Section 9(f)/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: finding that Respondent, as a Reynolds School District Board Member, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when she failed to timely file a Statement of Financial Interests for calendar year 1997; and directing Respondent to make payment of a civil penalty in the amount of $25.00 in accordance with Section 9(f)/1109(f) of the Ethics Act, 65 Pa.C.S. §1109(f), with said amount to be made payable to the Commonwealth of Pennsylvania but forwarded to this Commission within 30 days of the issuance of this Commission's Order adjudicating this matter. We take administrative notice that Respondent filed her 1997 calendar year Statement of Financial Interests on August 27, 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, Frieda Ohl - Crissman, as a Reynolds School District Board Member, failed to comply with Section 4(a)/1104(a) of the Ethics Act, 65 P.S. § 404(a)/65 Pa.C.S. §1104(a), when she failed to timely file a Statement of Financial Interests for calendar year 1997 as a Reynolds School District Board Member. We direct Respondent to make payment of a civil penalty in the amount of $25.00 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 payable to the Commonwealth of Pennsylvania but forwarded to this Commission within 30 days of the issuance of this Commission's Order adjudicating this matter. 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. III. CONCLUSIONS OF LAW: 1. As a Reynolds School District Board Member, Respondent was at all times relevant Ohl - Crissman, 01 -013 -P November 30, 2001 Page 5 to these proceedings subject to the provisions of the Ethics Act, 65 P.S. § 401 et seq. /65 Pa.C.S. §1101 et seq. 2. Respondent, as a Reynolds School District Board Member, failed to comply with Section 4(a)/1104(a) of the Ethics Act, 65 P.S. § 404(a)/65 Pa.C.S. §1104(a), when she failed to timely file a Statement of Financial Interests for calendar year 1997 as a Reynolds School District Board Member. 3. Notice of the delinquency of Respondent's Statement of Financial Interests for calendar year 1997 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 amount of $25.00 is warranted. IN RE: Frieda Ohl - Crissman Respondent ORDER NO. 119 -S File Docket: 01 -013 -P Date Decided: 11/15/01 Date Mailed: 11/30/01 1 Frieda Ohl - Crissman, as a Reynolds School District Board Member, failed to comply with Section 4(a)/1104(a) of the Ethics Act, 65 P.S. § 404(a)/ 65 Pa.C.S. §1104(a), when she failed to timely file a Statement of Financial Interests for calendar year 1997 as a Reynolds School District Board Member. 2. As per the consent agreement of the parties, Frieda Ohl - Crissman is directed to make payment of a civil penalty in the amount of $25.00 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 payable to the Commonwealth of Pennsylvania but 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