HomeMy WebLinkAbout125-S WellsIN RE: Marsha Wells
Respondent
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
01 -025 -P
Order 125 -S
2/4/02
2/15/02
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 not filed by the Respondent, and a
hearing was waived. The parties filed a Stipulation of Findings, which is quoted verbatim as
the Findings in this Order. A Consent Agreement was also 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).
Wells 01 -025 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at 620 N.
57th Street, Philadelphia, PA 19131.
2. At all times relevant to these proceedings, Respondent has been a Principal of the
School District of Philadelphia 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 Pa.C.S. §1102.
a. Respondent specifically held the aforesaid position in 1999 through June 2001.
3. Respondent as a public official is subject to the Statement of Financial Interests filing
provisions of the Ethics Law.
4. Respondent has failed to provide full financial disclosure as required by the Ethics
Law. Respondent has 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 Pa.C.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 July 26, 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 Pa.C.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 Pa. C.S. §1109(f) at a rate of not more than
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$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. The mitigating circumstances in this matter are that Respondent is now retired (June
2001), was not provided with her Statements of Financial Interests for completion by
the school district in a timely fashion, and she was out of the country when the final
notice was mailed to her residence. Respondent should not be assessed the maximum
civil penalty of $250.00 for the violation even though the twenty day deadline set forth
in the said final Notice letter to Respondent had expired and the Respondent had not
complied.
II. DISCUSSION:
As a Principal /Administrator for the Philadelphia School District, Marsha Wells 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 Pa.C.S. §1101, et seq.
Pursuant to Section 1104(a) of the Ethics Act, Respondent 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 osition. 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 Respondent as a Principal /Administrator for
the Philadelphia School District 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 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
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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.
The parties propose that this case be resolved by this Commission: (1) finding that
Respondent, as a Principal /Administrator 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; (2) levying a civil penalty against Respondent in
the amount of $50.00, payable to the Commonwealth of Pennsylvania through this
Commission; and (3) directing Respondent to make payment of a civil penalty in the amount of
$50.00 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, but forwarded to this
Commission within 30 days of the issuance of this Order.
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 Marsha Wells, as a Principal /Administrator 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 as a
Principal /Administrator for the Philadelphia School District. We take administrative notice that
Respondent filed her Statement of Financial Interests for calendar year 1999 on November
21, 2001. We direct Respondent to make payment of a civil penalty in the total amount of
$50.00 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 adjudicating this matter.
III. CONCLUSIONS OF LAW:
1. As a Principal /Administrator for the Philadelphia School District, Respondent was at all
times relevant to these proceedings a "public official" subject to the provisions of the
Ethics Act, 65 Pa.C.S. §1101 et seq.
2. Respondent, as a Principal /Administrator 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.
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 amount
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of $50.00 is warranted.
IN RE: Marsha Wells
Respondent
ORDER NO. 125 -S
File Docket: 01 -025 -P
Date Decided: 2/4/02
Date Mailed: 2/15/02
1. Marsha Wells, as a Principal /Administrator 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.
2. In that Marsha Wells filed a Statement of Financial Interests for calendar year 1999 on
November 21, 2001, as per the Consent Agreement of the parties, she is directed to
make payment of a civil penalty in the total amount of $50.00 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. 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,
Daneen E. Reese, Chair