HomeMy WebLinkAbout012-S MatsonIN RE:
Respondent
Before:
STATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
RICHARD D. MATSON File Docket:
Date Decided:
Date Mailed:
James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Austin M. Lee
Allan M. Kluger
92-.033 -P
June 23, 1992,
June 29, 1992
The State Ethics Commission received information re.c ardin9
possible violation(s) of Section 4 and /or Section 5 of the Public
Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, 65
P.S. , 5401 et sect. Written Notice was mailed to Respondent in
accordance with Section (7)(5) of the Ethics Law, as to which there
was no response. A Notice and Order to $how Cause was issued and
served, upon Respondent. An Answer was not filed And a hearing was
deemed waived. The record is complete. This ad=judication of the
Commission is hereby issued, which sets forth Findings of Fact,
Discussion, Conclusions of Law and Order.
•
This Adjudication is final and a docu rent,
Reconsideration may be requested. A retest for reconsideration,
however, does not affect the finality of this .,ad ju4i.cation, A
reconsideration request .;rust be received ; ax• ,this :Coe fission within
fifteen days of issuance and Twat incjAkste.a ,ds41.44.42„ planation of
the reasons as to why gegone .d;eray.Lon; shou;1d be granted in
conformity with 51 Pa. Code $2.38.
Richard D. Rats
June 29, 1991
Page 2
I. FPS;
1. Respondent Richard D. Matson is an adIllt individual who
resides Qp maintains a mailing address at R.D. 1 BOx 301,
Bo ive ,.Dennsylvania 15923.
2. At all - - times relevant to these proceedings, Respondent has
been u of the Westmoreland County Beard of Assistance.
(a) Respondent specifically held the aforesaid position in
1941•
3. R$ea1, did not file a Itstement of Financial. Interests
with t, ,e gtate Ethics Commission and the Governor's Office of
Admi }}i,s%ggtion for ealendar year 1$90, on or before Nay 1,
i991,,
.4. A Reti.ce. let•' -dated June 10 was served upon Respondent
by thie ep i8E on.-= The said RQtioe letter stated in detail
the apeoltic 41legation@ against ` Respondent concerning the
'delinquen y ot - Respondtn-t{ a Statement of Financial Interests
for calejdap year 1990 444 the penalties for failure to file
or fop tiding : a deficient Statement of Finanoi.al, Interests.
The. said Natio€ letter . previ-ded Respondent an opportunity to
avoid the ' i }stitution o :weea civil penalty proceedings by
filing an ;aeograte- and '.complete Statement of Financial
Interests for ealendar year 1990 within fourteen (14) days, of
the date of the Notice-
Respondent did not file. .. a Statement of Financial Interests
with the State Et Commission and the Governor's Office of
Administration for calendar year. 1990 within fourteen days - of
the • dam of the Braid Notice letter. f -
5 ,,
I;. DISCUSSION:
Respondent has been a Member of the Westmoreland County Board
of Assistance at all times relevant to these. proceedings.
$ espondent specifically held the aforesaid position in 1991.'
As a Member Of the .T+stsOreland County Board of Assistance,
Respondent is a . "ppblic official as that term is defined under the
Public Official and Employee Ethics ,haw ( "Ethics Law ") , 65 "P.S.
SA01, 0.afta., iks such,: Resgoa dent - is .subject to the provisions .
of the Ethics haw.
Pursuant „ 0o Sections 4 and 5 Of the EthiCS 1.4w, Respondent was
required to file a Statement of Pim$ncial, Interests providing
complete finanq al diSgIegure fer gilentdar max 1990 with the State
Ethics Commission and the Governou s Qf tiee of Administration by
Richard D. Matson
June 29, 1992
Page 3
May 1, 1991. 65 P.S. §S404,405.
Section 9(f) of the Ethics Law provides as follows:
(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. 5409(f).
An application of Section 9(f) to this case establishes that
this Commission has the discretion to levy a maximum civil penalty
against the Respondent for the delinquent Statement of Financial
Interests for calendar year 1990.
Factually, Respondent failed to timely file a Statement of
Financial Interests for calendar year 1990 with the State Ethics
Commission and the Governor's Office of Administration, which
constitutes a failure to comply with Sections 4 and 5 of the Ethics
Law.
Pursuant to Section 7(5) of the Ethics Law, a Notice letter
dated June 18, 1991 was issued to Respondent notifying Respondent
in detail of the specific allegations'. against Respondent - concerning
the 'delinquency.. of Respondent's Statement of Financial Interests
for calendar year 1990 and the penalties for failure to file or for
filing a deficient Statement of Financial Interests. The service
of a Notice letter in accordance with Section 7(5) is a
prerequisite to the levying of a civil penalty under Section 9(f)
of the Ethics Law. 65 P.S. §409(f). This prerequisite has been
met in this case.
Furthermore, upon being notified of the above transgression,
Respondent did not remedy this failure to comply with the Ethics
Law although given fourteen days from the date of the Notice_ letter
in which to do so. This Commission then instituted formal
proceedings against Respondent by issuing 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 Law. Respondent has failed to show cause why a
civil penalty should not be levied against Respondent in this
Richard D. Matson
June 29, 1992
Page 4
matter.
We would' further note that the public records of the State
Ethics. Commission reflect that Respondent has . previously been
served with Notices of the delinquency of his Statement of
Financial Interests for another calendar year. It is clear that as
a Member,of the Westmoreland County Board of Assistance, Respondent
knows that he 4,5 A public official required to file Statements of
Financial Interests ,pursuant to Sections 4 _ and 5 of the Ethics Law.
Based u on ,the totality of circumstances in this case, we
hereby levy onq .c Evil_ penalty against Respondent Richard D. Matson
at the,rate of $25,,00 per day, for each day. Respondent's Statement
of Financial Interests for calendar yea= 1990 has 7temained
delinquent. Given the number of days during, which the Statement of
Financial Interests has remained delinquent, the resultant amount
to be levied against. Respondent is $250.00.
,,Respondent shall be ordered to file a complete and accurate
Statement of Financial Interests for calendar year 1990.
/Z.,CONCLUSIONS OF. LAW:
l :. At ahl times ,relevant to these proceedings, Respondent Richard
"p')Matson has been a Member of -the Westmoreland County Board
Of Assistance and as such Respondent has at all times relevant
to these proceedings been a "public official" as that term is
, defned.iil the ,Ethics Law.
rivant,tq Section 4 of the Ethics. Law, Respondent is
rered to file, the_Statement of Financial Interests each
eaur •Respondent holds the above position and the year after
saying said position.
•
11.. Respondent' was required by the Ethics Law to file a Statement
at
of Financial Interests for calendar year 1990 with the State
Ethics Commission and the Governor's Office of Administration,
which Statement of Financial Interests was due no later than
may 1, 1991.
Respondent • failed to comply with the requirements of Sections
4 And 5 of the Ethics Law when Respondent failed to timely
file a Statement of Financial. Interests for calendar year 1990
with the State Ethics 'Commission and, he Governor's Office of
Administration.:
5. Notice of the delinquency. of Respondent's Statement of
Financial Interests for calendar year 1990 was previously
served upon Respondent in accordance with Section 7(5) of. the
Ethics Law, 65 P.S. 5407(5).
Richard D. Matson
June 29, 1992
Page 5
6. Respondent failed to remedy the delinquency of Respondent's
Statement of Financial Interests for calendar year 1990,
although Respondent was given fourteen (14) days from the date
of the aforesaid Notice letter in which to do so,
7.- Based upon the totality of the circumstances in this case, one
civil penalty shall be assessed against Respondent for
Respondent's delinquent Statement of Financial Interests for
calendar year 1990, at the rate of $25.00 per day for each day
said Statement of Financial Interests has remained delinquent,
resulting in the total civil penalty of $250.00.
Respondent shall further ordered to file an accurate and
complete Statement of Financial Interests for calendar year
1190 with the State Ethics Commission and the Governor's
Office of Administration, providing full financial disclosure
as required by the Ethics Law and signed under oath or
egt{ivalent affirmation.
IM ice¢ RICHARD .D, 14.ATSoN s Pilo Dockets 92-033-P
Date Decided: is " ?
spondent Date Mailed: ; Juno 29. 1992
1., Richard D. Matson, as a Member of the Westmoreland County
Board 4f. Assistance failed to comply with Sections 4 and 5 of
the. l.ce Lew/ _ 63 p,3. 55404, 405, by ..failing to .timely file
0.$toMeMent'44 Financial Interests for calendar year 1990 with
.
the tate .c ' ; Comm aatod and the - Governor's Office of
Rased, loon ,the oirp,unstances of this case, this Commission
hereby a ylos one ci.v ,`l penalty against Respondent Richard D.
t atsean: a tho rate- oi: $25.00 per day -for each day
r; , espondenti* Statement jai Financial Interests for calendar
r ; fear- '1990 has xemai.ned de ,i.nquent, for the total civil penalt
of $2 0. 00. Respondent '.s ordered to pay the above civ1,31
penalty in the total amount of $250.00 within thirty days of -
he, issuance of this Order; by forwarding a check to this
Commission payable to the Commonwealth of Pennsylvania for
deposit in the State Treasury.
Respondent Richard D. Matson . is directed within 30 days of
issuance of this Order to 'file a complete and accurate
ettateinent of Financial, Interests for calendar year 1990 with
the State Ethics Commission and the Governor's Office of
Administration, providing "full financial disclosure as
c,ui.red by the Ethics Law,
F#ilure to comply with any provision of this Order will result
irn
00 initiation of appropriate enforcement action. -
BY THE COMMISSION;
ORDER NQ, .0124
Tames M. Howley,