HomeMy WebLinkAbout035-S Healy"STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
IN RE: TROIKAS K. HEALY File Docket: 92 -063 -P
Respondent Date Decided: September 15, 19;2
Date Mailed: September 18, 1992
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. 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 Cause was issued and
sei°ved upon Respondent. An Answer was filed and 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 received at this Commission within
fifteen days of issuance and must include a detailed explanation of
the as to why reconsideration should be granted In
conformity with: 51 Pa Code SS2.38(b),(c).
Thomas K..: Heal..t
September 7 L99 2
Page 2•
I., FINDINGS:-
1. Respondent Thomaa K. littallyr is an adult_ indiv2ia311 who read or maintains; mailigrw address at 4,00 AXtrat. Vista Drive,
Altoona., Rennerizranitm.-106n. -
2. At all times rsrIlitsmant to thase Rraceedsingss„ Restransittnit has
been a. Member: of the: Fraft Ctounty; Soard f. NeggistamMe..
(a) Respondent_ spectit:gie-147 InzacNt ther aforesaltE gasititzl' .1OP ifli
1991.. -
(b) Respondent admits: that. atill times relevant to: these
proceedings he has teem si.thotaWl t. grovialarM ect the
Ethids Law, and requirecit twt. ftilfit. the: Si oft
Financial Interests each Zen= Cit honildIng the atsage
position and the year.:aft lecedinsp said positiont..
Respondent adMits that he did. - not fttage a Statement abe
.Rinancial - Interests tor calendar year 1910 .wifth thet $ttactfor
• Ethics Commission and the-Gove-rnaes oe o Axiministratijon
on' or. beftsrtm'tlar
s. "
4. A Notice letter dated JUITSC 18, - 1991 was sere ct ttponl Respondent
by this a:manias The sais:j. No letter stat3act in detail
the specific allegations ,agai.nst. Respondent concerning the
delinquency of. Respcmdent's Statement of Financial Interests
for calendar year 1:990 and the penalt foss failure, to file
or for filing a , deficient. Statement of: Zinencial Interests:.
The said .Notice ,letter provided ndent an opportunity to
avoid the institution of these civic p.ercaltyr p=oceedings by
filing an accurate , and complete Statement me F in an cial
- Interests for...calenclar yea 1990 -within faurtagalL (,14) - days of
the date of the Notice letter.
(a) Respondent does not dispute that the said Notice letter
was sent.
(b) Respondent states that he- does not recall receiving the
said Notice letter.
5. Respondent did not file a Statement of Financial interests
with the State Ethics Commission and the Governor's Office of
• .Achairlistration for calendar year 1990 within fourteen days of
- the date of the said NotiCe letter.
fb.. Via public records of the State Ethics Commission reflect that
Respondent has previously bee s.erved with. Notices of the
dialinquerrey of his Statements of, Financial Interests' for'
calendar years 1987 and 1988.
Thomas K. Healy
September 18, 1992
Page 3
7. Respondent states that because of his retirement he did not
receive the forms for 1990.
(a) Respondent states that prior to his retirement, his
secretary at the Board of Claims where he was employed
would complete the form and present it to Respondent for
signature.
(b) Respondent states that following his retirement the above
system was lost and Respondent failed, after not
receiving the form, to recall the obligation to file the
Statement of Financial Interests.
8. 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 June 16, 1992 and was received by this Commission on
June 19, 1992.
II. DISCUSSION:
Respondent has been a Member of the Blair Cou.ntyBoard Of
Assistance at all times relevant to these'proceedings. Respondent
.specifically held the aforesaid position_ in 1991.
As a Member of the :Blair County Board of Assistance,
Respondent has at _all times relevant to these proceedings been a
"Public official" as that term is defined under the public Official
and Employee Ethics Law ( "Ethics Law"), 65 P.S.
subject to the provisions of the Ethics Law. S401, et sed.,
..Factually, Respondent failed to timely file. a 'Statement of
financial Interests for calendar year 1990 with the,State Ethice
Commission 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.-ff404,405.
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 omnrission
may, after notice has been served in accordance with
section 7 (5) ; and upon a ma or t vote ,-of
levy_ a civil penalty upon any i' yts �ah s c,
who fails to file a statemen person s ubject thu"act
a `timely manner or who files ,, o �defi deficient statement of
financial interests, at a rate of not more than $25 for
each day such statement remains delinquent or.'deficient4
The maximum penalty payable under this paragraph is $250.
Thomas R. Healy
September 1.8 ,. 1:9
Page 4.
65 P.S. g445(f).
t, on f this case. fishes that
An appli�Cati.�s. cif" Sew � ) to, l a; ivaxrmum� coif. penaZty
this etamisSi on has the eti to Statement QiF Financial
agaii14t t Respondent for the deli
Interests for: calendar Syr 19O.
The preveVisite servide of a Notice leer in accordance with
Section 7 (5) was satisfied Respondent does not dispute service of
the Notice letter. 'Me f att that Respondent states he does not
-recall receiving ` the Notice meter wrsmid • not invalidate the proper
service of it uport hint.
Respondent did not remedy the failure to file a Statement of
Financial Interests for calendar year 15910'' although given fourteen
days from the date of the aforesaid Dtotice letter in which to do
So. This CommLssic a then �tituted. formal proceeding against
Respc ndent by issue ars Order to Show Cause, ordering Respondent
to show cause why a_ civil penalty should not be levied against
Respdndent ReS trident's• mower to the Order to Show Cause has
failed to show Case why a civil penalty should not be levied
agai Rep'rtt in this matter.
;GspOtdent states that because of his retirement he did not
reeeitre the fova f 1950, Respondent states that prior to his
retireMent, his secretary at the Board of Claims where he was
3 .8 red would complete the form and present it to him for
digneture. Fallowing his retirement, this system was lost and
:Resndent failed, after not receiving the form, to recall his
obliqation to file the Statement.
ever, Respondent has previously been served with Notices of
the delinquency of his Statements of Financial Interests for prior
Calendar years as well, specifically-calendar years 1987 and 1988.
ft is clear that this Commission's Notice letters have been mailed
directly to Respondent, such that he was repeatedly reminded of his
Obligation to file annual Statements of Financial Interests. This
fili requirement was legally Respondent's obligation, not the
obligation Of hi secr etary. The fact that prior to his
retirement, Respondent delegated the manual preparation of the form
to his secretary is not a mitigating circumstance in this case.
Furthermore, even if Respondent had not previously received
the S tatemen t of Financial Interests form for calendar year 1990,
th form 1 was enclosed in the June 18, 1991 Notice letter issued to
ReipOft ent.
It is noted that following the issuance of the Order to Show
C ause; R filed a Statement of Financial Interests dated
Jtihe i8, 1992 for Calendar year 1990, received by this Commission
Thomas R. Healy
September 18, 1992
Page 5
on June 19, 1992.
Based upon the totality of circumstances in this case, we
.hereby levy one civil penalty against Respondent Thomas K. Healy 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 Financial
Interests has remained delinquent, the resultant amount to be
levied against Respondent is $250.00.
III. CONCLUSIONS OF LAW:
1. Respondent Thomas K. Healy was at all times relevant to these
proceedings a Member of the Blair County Board of Assistance
and as such Respondent was a "public officialr' subject to the
provisions of the Ethics Law, Act 9 of 1989.
2. Respondent failed to comply with the requirements of Sections
4 and 5 of the .Ethics Law when Respondent failed to timely
file a Statement 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
Financial- Interests for calendar year 1990 was previously
served upon Respondent in accordance with Section 7(5) of the
Ethics Law, 65 P.S. S407(5).
Based upon the totality of the circumstances in this case, a
maximum civil. penalty is warranted.
IN RE: THOMAS K. HEALY
Respondent
: File Docket: 92 -063 -P
: Date Decided: yeptember 15, 1992
Date Mailed: September 18, 1192
; LARDER NO. 035 -S
1. Thomas R. Healy, as a Member of the Blair County Board of
Assistance, failed to comply with Sections 4 and 5 of the
Ethics Law, 65 P.S. §5404 405, by failing to timely file a
Statement of Pinancia1 Interests for calendar year 1990 with
the State Ethics Co aission and the Governor's Office of
Administration.
2. Based upon the circumstances of this case, this Commission
hereby levies one civil penalty against Respondent Thomas K.
Healy 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 $25
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 pale
to the Commonwealth of Pennsylvania for deposit in the State
'Treasury.
Fai1urst.t0 ` ly 'wit any provision of this Order will result
in the initiation of an appropriate enforcement action.
BY THE COMMISSION,