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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.