HomeMy WebLinkAbout041-S GoreIN RE: NORMA GORE
Respondent
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
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.S. s441• 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. A formal Answer was not filed but several .
letter responses were received. A hearing was 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 at this Commission within;
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 SS2.38(b),(c).
File Docket: 92 -024 -P
Date Decided: September 15 1992
Date Mailed: September 18, 199?
Norma Gore
September 18, 1992
Page 2
I. FININGS:
1. Respondent Norma Gore is an adult individual who resides or
maintains a mailing address at Star Route, Box 13, Emporium,
Pennsylvania 15834.
Respondent is now and at all times relevant to these
proceedings has been a Member of the Cameron County Board of
Assistance.
(a) Respondent specifically held the aforesaid position in
1991.
3. Respondent" did not file a Statement of Financial Interests for
calendar year 1990 with the State Ethics Commission and the
Governor's Office of Administration on or before May 1, 1991.
• � letter dated June 18, 1991 was served upon Respondent
, by this . Commission. The said ,Notice letter stated in detail
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 said Notice letter .provided Respondent an opportunity to
avoid the institution of these civil penalty proceedings by
filing an accurate and complete. Statement of Financial
Interests for calendar year 1990 within fourteen (14) days of
the date of the Notice letter.
5 . ; > - Respondent did .not .file a Statement of Financial Interests
with the State ;Ethics :Commission _and the Governor's office of
•,lninis.tratiOn for calendar year 1990 within fourteen days of
,the date of the said: otice letter.
6. Respondent has submitted various letter responses:
(a) Respondent's initial letter response stated that she
mails the forms in every year and submitted a copy of a
Statement of Financial Interests dated May 18, 1990,
which had not designated the calendar year for which it
was filed.
(b) Respondent's second response stated her concern about her
1990 calendar year fore. Respondent stated that she
knows she filed the farm because she has no reason -not to
do so. Respondent suggested that the form may have been
lost in the mail or dated incorrectly. Respondent noted
that she is a 71-year old widow who is legally blind, and
she summarised her financial circumstances. Respondent
stated that following an extensive search-she was unable
Norma Gore
September 18, 1992
Page 3
to locate a copy of the Statement of Financial Interests
for calendar year 1990.
7. As a matter of public record, Respondent filed a Statement of
Financial Interests for calendar year 1990 after issuance of
the Order to Show Cause which Statement of Financial Interests
is dated April 27, 1992, and was received by this Commission
_ on May 4, 1992.
II. DISCUSSION:
Respondent is now and at all times relevant to these
proceedings has been a Member of the Cameron County Board of
Assistance. Respondent specifically held the aforesaid position in
1991.
As a Member of the Cameron County Board of Assistance,
Respondent is a ",public official" as that term is defined under the
Pudic • Qf ficial and 'Employee Ethics Law ( "Ethics Law ") , 65 P.S.
S401, et-sea., and as such, Respondent is subject to the provisions
.of the Ethics Law.
J.
Factually, Respondent failed to timely file a Statement of
Financial :Interests for calendar year 1990 with the State Ethics
t pmimission _ and _the - ;Governor's Office of Administration, which
constitutes a failure to comply with Sections 4 and 5 of the Ethics
_Law.. 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 $250.
65 P.S. 5409(f).
The prerequisite service. ,erg- a4. Notice • letter in accordance with
Section 7(5) was satis i4.ed y dte$pc ,dent dJ . noX remedy the failure
.to file a Statement , of. Financial Tnteres'ts , for. calendar year 1990
although given fou.rteen days from . the, flats 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 Ie
Norma Gore
September 18, 1992
Page 4
levied against Respondent.
Respondent initially submitted a copy of a Statement of
Financial Interests dated May 18, 1990, on which she had not
designated the calendar year for which it was filed.' Section 4(a)
of the Ethics Law mandates that the Statement of Financial
Interests forms are to be filed for the preceding calendar year.
The language on the form itself also indicates that the information
pertains to the prior calendar year. Thus, in the absence of any
contrary designation, Respondent's Statement of Financial Interests
dated May 18, 1990 must be presumed to have been for calendar year
1989.
However, Respondent's various letter responses have submitted
mitigating circumstances. First, Respondent is legally blind which
would meaningfully affect, in a factual if not legal sense, her
actual receipt of Notice of the delinquency. Second, there is no
"evidence to indicate any intention by Respondent to deliberately
fail to file the form. Third, the public records of the State
Ethics Commission reflect that Respondent has previously filed her
Statements of Financial Interests.
Additionally, it is noted that following the issuance of the
Order to Show Cause, Respondent filed a Statement of Financial
Interests dated April 27, 1992 for calendar year 1990.
Based upon the totality of circumstances in this case, we
hereby levy one civil penalty against Respondent Norma Gore in the
total amount of $1.00. In levying the aforesaid civil penalty, we
are cognizant that we could assess a per diem civil penalty against
Respondent up to the total maximum amount of Two Hundred Fifty
Dollars 1$250.00) allowed by the Ethics Law, but have determined
that an appropriate exercise of our discretion in this case would
be to assess a nominal penalty in the amount of $1.00.
111. k CONCLUSIONS OF 7:
1. Respondent Norma Gore is now and at all times relevant to
these proceedings has been a Member of the Cameron County
Board of Assistance and as such Respondent is a "public
official" subject to the provisions of the Ethics Law, Act 9
of 1989.
2. Respondent failed to comply with the requirements of Sections
4 and S 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.
3. Notice of the delinquency of Respondent's Statement of
Norma Gore
September 18, 1992
Page 5
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).
f
IN RE: NORMA GORE
Respondent
File Docket: 92 -024 -P
Date Decided: ,geDtember 15. 1992
Date Mailed: September 18. 1992
ORDER NO. 041 -S
1. Norma Gore, as a Member of the Cameron County Board of
Assistance, 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 circumstances of this case, a nominal penalty
in the amount of $1.00 is hereby levied against Respondent
Norma Gore. Respondent is ordered to pay the above penalty in
the total amount of $1.00 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. Failure to comply with any provision of this Order will result
in the initiation of an appropriate enforcement action.
BY THE COMMISSION,
James Howley, Ch
Commissioner Austin M. Lee dissents as to the imposition of merely
a nominal penalty.