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Home My WebLink About013-S O'ConnorIN RE: KEVIN M. O'CONNOR Respondent STATE ETHICS COMMISSION 309 FINANCE BUILDING 1?O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783.1610 File Docket: 92 -Q39 -P Date Decided: ,Tune 23. 1992 Date Mailed: June 29. 1992 Before: James M. Howley, Chair Daneen E, Reese, Vice Chair Dennis C. Harrington Austin M. Lee Allan M. Kluger The State Ethics Commission received information regarding 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 LS. §401 et sec. Written Notice was mailed to Respondent : in accordance with Section (7)(5) of the Ethics Law —as tfl there was no response. A Notice and Order - to Show Cause;was; issued and served upon Respondent. An Answer was not filed anck,a* eari � ng was deemed waived. The record is complete. This adj_ukdi- cation_ o f k. be Commission is hereby issued, which sets forth Findings of Fact, Discussion, Conclusions of Law and Order. This Adjudication is final and is a., pub,lis c eennen4. Reconsideration may be requested,_- A request for -repgr s, cgpation,, however, does not affect the finality of this adiµ at4gn.< reconsideration request must be receiye4 4t-AWA Qpmm :$siel, within fifteen days of issuance and must nol,ude ~a 4ptAlkled4explanation of the reasons as to why xeconsjderation' should be granted in conformity with 51 Pa. Code 52.38. Revin ;M. Q'.Connor June 29, 1992 Page 2 I. FINDINGS: 1. Respondent iclyin M. O' Corkngr is an adultbAmtivi,cluel who resides pr maintaig s , pa:nailing address at 45 South Beech Road, Birchwood Hills, . Plains, Pennsylvania 18705. • 2. At all - times releyant Ap these Proceedings, R s„ gondent has been a Member of the Board of Bloomsburg University (a) Respondent specifically held the aforesaid position in 1991. h 3. Respondent did not file a Statement of °Financial Interests with the State Ethics Commission and the Governor's Office of Administration for calendar year 1'990, on or before May 1, 1951 _ ' ,s ' 19 91 was served upon RetapQnden 1. t P . ' 1Cto g.c^e letter' dated June 18 , :- ..b • > €i e,-4Cottmission. The Said Notice letter - „state& -ian detail, - 14:.t the speeifi.c allegations against Respondent concerning the ... - • deli -ncp noy ---of- Repondent' s Statement of Financial Interests for-, caIerrdar year . 1990 aand the penalties for failure to - =fLie or • for ,f1ing .a - fief icient Statement of Financial- Interests . The said;-Notice -"•letter provided Respondent an opportunity to avoid the institutiorr- -of these civil penalty proceeaings, by filing - an accurate • and ,complete Statement of Financial Interests,+for',gaiendar -year 1990 within fourteen (14) days of the date of the Notice letter. 5 . Respondent: d-i i not file < a Statement :o£ Financial Interests with the .State Ethics Commission and the Governor's Office of Administration for calendar-year-1990 within fourteen days of the date of the said Notice letter. II. DISCUSSION: Respondent has *I keen ,- a- Member of the Board of Bloomsburg University at all times se1evant to these proceedings. Respondent specifically held the aforesaid position in 1991. As a Member of the Board of Bloomsburg University, Respondent is a "public official” as that term is defined under the Public Official and Employee Ethics Low {"Ethics Law "), 65 P.S.5401, et seer. and as such, Respondent is subject to the provisions of the Ethics Law. Pursuant to Sections 4 and 5 of thg ,$th tcs : Law, ° Respondent was required to file a Statement of .Financial, Interests providing complete financial disclosure for calendar year '1990 with the State Ethics Commission and the Governor's Office of Administration by Kevin M. O'Connor June 29, 1992 Page 3 May 1, 1991. 65 P.S. § 5404,405. 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 (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 Kevin M- O'Connor 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 Notice of tie delinquency of his Statement of Financia]. Interests for another calendar year. It is clear that as a Member of the Board of Bloomsburg University, Respondent knows that he is a public official required to file Statements of Financial Interests: pursuant -to Sections 4 and 5 of the Ethics Law. Based upon the totality of circumstances in this case, we hereby levy one civil penalty against Respondent Kevin M. O'Connor, at the rate of $25.00 day, for each day Respondent's Statement of Financial Interests for calendar year 1990 has remained 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. L* ... Respondent shall be ordered to file a complete . and accurate ,;Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS OF LAW: al. Atall times relevant to these proceedings, Respondent Kevin M. O'Connor. has been a. Member of the Board of Bloomsburg University and as such Respondent has at all times relevant to these proceedings been a "public official" as that term is defined in the Ethics Law. Pursuant tb-Section A4 of the Ethics Law, Respondent is ;required to file ithe Statement of Financial Interests each year Respondent holds the above position and the year after leaving•said position. -3. Respondent was required by the-Ethics Law to file a Statement ;of_Financial Interests for calendar year 1990 with the State i,..� 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 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;'.nd the Governor's Office of Achainistration . 5. Notice :Qf the delinquency of Respondent's Statement of Financial .Interests for in accord r ce with Section previously served upon Respondent Ethics Law, 15 ,P.S. S407(5). . 2 Kevin N. O'Connor 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 'levied 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. 8. Respondent shall further be ordered to file an accurate and complete Statement of Financial Interests for calendar year 1990 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 equivalent affirmation. IN RE: KEVIN M. O'CONNOR 1. Respondent ORDER. NO, 013 -S File Docket: 92 -039 -P Date Decided: June 23, 1992 Date Mailed: June 29, 1992 Kevin- M. .0' Connor, as _ a Member of the Board of Bloomsburg -University, failed -to comply with Sections 4 and 5 of the -Ethics Law,' 65 P,S. 55404, 405, by failing to timely file a ,,,,Statement, of Financial Interests for .calendar year 1990 with the State Ethics Commission and the Governor's. Office of Adminis . ,- .Bated 4po32 thp., dircumstances of this case, this Commission hereby lewi one" civi penalty-,against Respondent Kevin M. O'Connor.; ,at the ' gate of $25.00 per day for each day ' Respondent'satement Of 'Financial Interests .for calendar `year 1990 has remained delinquent, for the total civil penalty of $250.00. Respondent is ordered to pay the above civil penalty in the total amount of $250.00 within thirty of the issuance of this Order, by forwarding a check to this Commission payable to the Commonwealth. of .. Pennsylvania for deposit in the State Treasury. 3. Respondent Kevin. M. O'Connor is directed within 3U• days of issuance of this Order to file a complete and accurate Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the Governor's Office of Administration, providing full . financial disclosure as required by the Ethics Law. 4. Failure to comply with any provision of this Order will r esult in the initiation of appropriate enforcement action. BY THE COMMISSION, James M. Howley, C