HomeMy WebLinkAbout016-S RidenourSTATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
IN RE: LARRY L. RIDENOUR File Docket: 92 -043 -P
Date Decided: June 23, 1992
Respondent Date Mailed: June 29, 199;
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
-P-,-Sr-S401 et seq. 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 withih
fifteen days of issuance and must include a detailed explanation of
the reasons as to why reconsideration should be granted in
Conformity with 51 Pa. Code §2:38.
Larry Ridenduk
gun* 29, 1992
I44e 2
ktkDINGS:
1. R6spondent Lary L. Ri4enour is an adfilt itvidual who
k4sideS or maintains mfilli#4 addi6ii at 736 Jefektbh Drive,
Pittsburgh, PennsYlvinli 15229.
2. At ill relevant t these pr�ceedins Ospandent
bebn MeMber of the State Board of Landscape AFchitects:
(a) hespondent specifically held the afbresaid position in
1991.
3. Reoonclea StatiMent of iinailCial tiiierestO
calendar b; 1996 ith tle St&te EthiO“aniiiSion and the
Golferfi6i's dffi6e 8f AdElhiiiiition on or before May 1, 1991.
4 A &Lt4a-4 091 was served upiaiiikeapOncteat
by fii ebxnxnis.on iA6 said Notice letter stated in detail
ttiO itAelfic a3.legations aginst ReS'porident E the
dellhOdfiEir of 11456446fit's Statement of 'inanci1 Interests
for 8a1dficidi yiar,199o. and he Oniltiei,for fai1ur to file
or filing a deficient Statthtreiit of Financial Ihiereits.
The oia letter i3i814dia ReSpofidehi an opportunity to
aitoa the '1h"gtitution of 'ifiese.-411ril,s0ftilty pro by
in Et88urite ind_26Vg4ete _Stitgr4ent of Financial
Ifiieieiti 48i 6ilendar year 1990 ithin fourteen (14) days of
the aati of -fie kot186 letteE.
ifre ind,the CbVernor's Office of
-
5. .;Reeptindent ata _not fil,e a Statement of ,Financial Interests
AdminisEratiofl for 6iAndai year 1990 within fourteen dalf6 of
.ffid"61.Aie of 'th aidotice letter.
6. ifid pib1ic records Of the State Ethics indicate
that Re4cifident was previous1y named as .a Respondent in a law
suit frled by ifie eonithiiiion in the Commonwealth Court of
Penrtsylvania against Respondent and others who had failed to
file iheli Statmntsf Financial Interests for caieifdaf year
lvaiki ate Ethics- OmMiss on
V4-Akderion. ei al...4 o. 2374 C:D: 1988.
7. T t1 &cI 8f the State iii4.00
mmision .
that iiiPtixiderii filed in ‘nitifivili Sttemen of F
rfitetEdszis.icii ithda y ear 1987, dated NoWimAkr, 10 19 8 • azd
redeilied b thii eisiasiicin on NoVeMber 15, 1988:
Architects at all tun 1&111
Xi.
itespOndeiii ;leis Mea9di af- t dtaie Viid Latiiitilj: • zr .
Larry L. Ridenour
June 29 1992
Page 3
specifically held the aforesaid position in 1991.
As a Member of the State Board of Landscape Architects,
Respondent is a "public official" as that term is defined under the
Public Official and Employee Ethics Law ( "Ethics Law "), 65 P.S.
5401, et sec., and as such, Respondent is subject to the provisions
of the Ethics Law.
Pursuant to Sections 4 and 5 of the Ethics Law, Respondent was
mired 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
May 1, 1991. 65 P.S. 55404,405.
r. 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. $409(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.
Trim' L. Ridenour
June 29, 1992
Page 4
Upon being notified of the above transgression, Respondent did
not remedy the failure to file a Statement of Financial Interests
for calendar year 1990 ,although given fourteen days from the date
of the aforesaid 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 matter. -
We would further note that the public records of the-State
Ethics Commission reflect that Respondent has previously been
served with Notice of the delinquency of his Statement of Financial
Interests for another calendar year. Respondent was named in a law-
suit filed by the, Commission in the Commonwealth .Court of
Pennsylvania against Respondent and others who had failed to file
their. Statements of Financial Interests for calendar.year.1986.
.Comm9 Wealth Qj PennsyJ.vanla _State Ethics Commission v.
Anderson, gn -41. , No.. 2374 C.D. ,1988. It is clear that as a Member
of the States Board of Landscape Architects, Respondent knows that
he is a.,publ.ic 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 Larry_L. Ridenour
at the rate of $25.00 per 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
'iknanciai 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. , cumoL OF LAW:
1. At all times relevant to these proceedings, Respondent Larry
L. Ridenour has been a- Member of the State Board of Landscape
Architects 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.
2. 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. .
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.
Larry L. Ridenour
June 29, 1992
Page 5
3. 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.
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 §407(5).
- 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.
T 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 delinquen
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.
Zit RE: TARRY To, RWWENQUR : File Doctket: 92 -043 -P
s Date Decided: Jive .2j3. 129?
Respondent tdent : Date Mailed: 7'urte a9, 1992
• ORDER 01g -S.
1. Larry L. Ridenour, as a Member of the State Board of Landscape
Architects, failed to comply with Sections 4 and 5 of the
Ethics Law, 65 P.S. 59404, 405, by failing to timely file a
Statement of Tipancial Interests for calendar year 1990 with
the State gthics Commission and the Governor's Office of
Administrat,i9ft,
Paged upon the circumstances of this case, this Commission
hereby levies one civil penalty against Respondent Larry L.
Ridenour at the rate of $25.00 per day for each day
R Statement of ' Interests for calendar
year 1990 has remained delinquent, for the total civil penalty
of 5250.00. Respondent is ordered to pay the above civil
penalty in the total amount of $290;00 within thirty " days of
U ' issuance of this Order, by forwarding a check to this
COMM esion payable to the Commonwealth of Pennsylvania _ for=
deposit in the State Treasury.
ReppQndent Larry L. Ridenour is directed within 30 days of
iasua? s e of this Order to file a complete and accurate
Statement -of Financial Interests for calendar year 1990 with
the State' Ethics Commission and the Governdr's Office of
'Administration, providing full. financial disclosure as
required by the Ethics Law.
A t 'Failure to comply with any provision of this Order will result
in the initiation of an appropriate enforcement action
BY THE COMMISSION,