HomeMy WebLinkAbout014-S O'ConnorIN RE: THOMAS W. O'CONNOR
Respondent
Before:
STATE ETHICS COMMISSION.
309 FINANCE . BUILDING
P.O. BOX 11470
HARRISBURG, PA.1 71 08 -1 470
TELEPHONE (717) 783 -1610
File Docket: 92- 040 -P
Date Decided: June ?3, x,992
Date Mailed: June 29, 1992
James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Austin M. Lee
Allan, M. Kluger
The State Ethics Commission rece.$ved information regarding
possible violation(s) of Section" 4 and7or Section.. 5 of the Public
:fficial and Employee Ethics Law ( "Ethics, Law "); Act 9 of 1989, 65
P.S. 5401 et seg. 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'Show Cause was issued and
served upon Respondent. An Answer was not filed and a hearing was
'deemed waived. The record is. complete. This adjudication of the
Commission is hereby issued, which sets forth Findings of Fact;
Discussion, - Conclusions of Law and Order.
This Adjudication is final and is a public document.
Reconsideration may be requested. A request for reconsideration;
however, does not affect the finality of this adjudication. A
reconsideration request must be received at this Commission within
fifteen days of issuance and must include a detailed expianation• of
the reasons as to why reconsideration shodld be granted in
conformity with 51 Pa. Code 52.38.
Thomas _W. O'Connor
j' iit L 2 . ,19 9 2
*e 3
I . FINGS :
1. Respondent ,Thomas W. O'Connor is an ,adult individual who
£es des or maintains a mailing - address .at 619 ..Heckle Avenue,
Spr i ng ,(.ity, P ?nns 19475.
2. At all times relevant to these proceedings, Respondent has
been a Member of the Board of Scotland School for Veterans'
Children
(a) Respondent specifically held the aforekaid position in
`1991'.
3. Respondent did not file a Statement of Financial Interests
with e` State Ethics Commission and the Governor's Office of
A ni.stration for calendar year 1990, on or before May 1,,
i`. �
A Nat .ce letter dated June 18, 1991 was :Served upon Responde t
py this Commission. Thee said Notice letter Mated in de 1.
the specific allegations against Respondent - concerning_
icy / , nquency of Respondent's Statement of Fiiianc ..a1 Intereetfr
°: for''calerldar year 1990 and the penalties for failure. .to file
or for filing a deficient Statement of Financial-Interests.,
The said Notice letter' provided Respondent an opportunity to
avoid the in of these civil penalty proceedings by
4i ring an accurate and complete Statement ' of Financial
,Interests ° year 1990 within fourteen (14) days of
the elate` of the Notice letter.
S . rRtespondent did not file a Statement of Financial Interests
wxtli the State Ethics ' gommission and - the GoverriOr' s Office of
;Ad,itt •nistration for calendar, year 199a within days of
the °date of the Laid N otice letter:
• rz. nisCvssI9 ,:
Respondent has been a' Mem},.er of the Board of Scotland. School.
for Veterans' Children at all, times relevant to these proceedings.
Respondent specifically . held the aforesaid position in 1991.
As a Member of the Bparc of Scotland School. for Veterans''
Children, 'Aespondent is. a: ".`p}i cc of fa cial" as that term is defined
under the Public Official and np e Ethi.cs Law ( "Ethics. L )1,.
65 P S . ' S4 0' , let se . , ' $nd as. such., . spond t is. sutx t to the
provisions_ of_ the Ethics Law.
Pursuant to Sections 4. and 5 of- t�he Law, Respondent. was.
required t o , file '. a Statem of pinan ia�l.; Interests" pro
complete financial d4..sc a ° :e for cafe r,y r;_ 19 the Statae
Thomas W. O'Connor
June 29, 1992
Page 3
Ethics Commission and the Governor's Office of Administration by
May 1, 1991. 65 P.S. § 5404,405.
S i i
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 maximura 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 Ethic
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 5409(f). This prerequisite has been
met in this case.
Furthermore, upon being notified of the above trgnsgresson,
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
Thomas W. O'Connor
June 29, 1992
Page 4
civil penalty should not be levied against Riespondent in this
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 Statements of
Financial Interests for other calendar years. It is clear as
a Member of the Board of Scotland School for Veterans' Children
Respondent knows that °he is a public official required to file
Statements of -F nanoial Interests pursuant to Sections 4 and 5 of
the Ethics Law.
Bailed 'upon the totality of circumstances - in_ this . case, we
hereby levy one civil penalty against Respondent Thomas W. O'Connor
at the rate of $25.00 per day, for each. day Respondent's. Statement
of. Financial Interests for calendar year 1990. has _
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.
III . CONCLUSIONS OF LAW:
1. At all times relevant to these proceedings, Respondent Thomas
W. O'Connor has been a Member of the Scotland School for
Veterans' Children 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 to Section 4 of the Ethics Law, Respondent is
required to file the Statement of Financial Interests each
year Respondent holds the above position and the year after
leaving said position.
Respondent was required by the Ethics Law to file a Statement
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.
4. 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 the Governor's Office of
Administration.
5. Notioe of the delinquency of Respondent's Statement of
Financial Interests for calendar year 1990 was previously
Thomas W. O'Connor
June 29, 1992
Page 5
served upon Respondent in accordance with Section 7(5) of the
Ethics Law, 65 P.S. §407(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
199'0, 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: THOMAS W. O'CONNOR
Respondent
File Docket: 92-040-P
Date Decided: Jurle a3 1992
Date Mailed: June 29, 1992
ORDER NO. 014-S
BY THE COMMISSION,
1. Thomas W. O'Connor, as a Member of the Board of Scotland
School for Veterans' Children failed to comply with Sections
4 and 5 of the Ethics Law, 65 P.S. SS404, 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 Administration.
2. Based upon the 'cireumstances of this case, this Commission
hereby levies on civ4.1 -penalty against Respondent Thomas W.
O'Connor, at the rate of $25.00 per day for each day
Respondent's Statement-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 , days 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 Thomas W. O'Connor is directed within 30 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 result
in the initiation of appropriate enforcement action.
James M. Howley, Chskrf--