HomeMy WebLinkAbout128-S WennickIN RE: Melanie Wennick
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
01 -047 -P
Order 128 -S
2/4/02
2/15/02
Before: Daneen E. Reese, Chair
Louis W. Fryman, Vice Chair
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
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(iies). 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).
Wennick 01 -047 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at 6507
Chambersburg Road, Fayetteville, PA 17222.
2. At all times relevant to these proceedings, Respondent has been a Member of the State
Board of Occupational Therapy Education and Licensure, 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.
3. Respondent as a ublic official is subject to the Statement of Financial Interests filing
provisions of the Ethics Law.
4. Respondent has failed to rovide full financial disclosure as required by the Ethics Law.
Respondent has failed to file a Statement of Financial Interests for calendar year(s) 1999
with the State Ethics Commission, which Statement of Financial Interests was 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 October 25, 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 a
Statement 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 March 30, 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
$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
Wennick 01 -047 -P
Page 3
penalty liability of $250.00 for said violation.
9. In mitigation, Respondent has filed her separate Governor's Code of Conduct Ethics form
for the applicable year. Thus, Respondent should not be assessed the maximum civil
penalty of $250.00 for her violation.
10. Respondent filed her delinquent Statement of Financial Interests for the 1999 calendar
year by fax on November 19, 2001, and by mail the original was filed on November 20,
2001.
II. DISCUSSION:
As a Member of the State Board of Occupational Therapy Education and Licensure,
Melanie Wennick 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 State Ethics Commission,
Governor's Office of Administration, and State Board of Occupational Therapy Education and
Licensure 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 Respondent as a Member of the State Board of
Occupational Therapy Education and Licensure 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 delinquent or deficient. The
maximum penalty payable under this paragraph is $250.
Wennick 01 -047 -P
Page 4
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 ropose that this case be resolved by this Commission: (1) finding that
Respondent, as a Member of the State Board of Occupational Therapy Education and Licensure,
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 $75.00, payable to the Commonwealth of Pennsylvania through
this Commission; and (3) directing Respondent to make payment of a civil penalty in the amount
of $75.00 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 Melanie Wennick, as a Member of the State Board of Occupational
Therapy Education and Licensure, 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 Member of the State Board of Occupational Therapy Education and Licensure. We take
administrative notice that Respondent filed her Statement of Financial Interests for calendar year
1999 on November 20, 2001. We direct Respondent to make payment of a civil penalty in the
total amount of $75.00 in accordance with Section 1109(f) of the Ethics Act, 65 Pa.C.S.
§1109(f), with said amount to be 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 Member of the State Board of Occupational Therapy Education and Licensure,
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 Member of the State Board of Occupational Therapy Education and
Licensure, 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 Member
of the State Board of Occupational Therapy Education and Licensure.
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 of
$75.00 is warranted.
IN RE: Melanie Wennick
Respondent
ORDER NO. 128 -S
File Docket: 01 -047 -P
Date Decided: 2/4/02
Date Mailed: 2/15/02
1. Melanie Wennick, as a Member of the State Board of Occupational Therapy Education
and Licensure, 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 Melanie Wennick filed a Statement of Financial Interests for calendar year 1999 on
November 20, 2001, as per the Consent Agreement, she is directed to make payment of
a civil penalty in the amount of $75.00 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.
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