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HomeMy WebLinkAbout023-S CasileSTATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717)783 -1610 IN RE: WILLIAM J. CASILE : File Docket: 92 -013 -P : Date Decided: June ?3. 1992 Respondent : Date Mailed: June 29, 1992 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.S. 5401 et sect. 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 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 reasons as to why reconsideration should be granted in conformity with 51 Pa. Code 52.38. - William. J. Casile June 29, 1192 Page 2 I- N : 1. Respondent William J. Casile is an adult individual who resides or maintains a mailing address at 340 Uazel Drive, Pittsbu, . Pennsylvania 15228. 2. Respondent is now and at all times relevant to these proceedings has been a Member of the State Board of Vocational Rehabilitation. (a) Respondent has been a Member of the aforesaid Board since 1980. (b) Respondent specifically held the aforesaid position in calendar year 1990. 3. The public records of the State Ethics Commission reflect that Respondent did not file a Statement of Financial Interests for calendar year 1990 with the State Ethics Commission and the • kovernor's Office of. Administration on or before May 1, 1991. (a). Respondent states that as a Board Member since 1980, he has consistently complied with the provisions of the Ethics Law in a timely fashion. (b) Respondent states that to the best of his recollection, he provided full financial disclosure by filing a Statement of Financial Interests for calendar year 1990 by May 1, 19:9 ;(a),. Respondent states that he is willing to file a Statement Apt Interests- for calendar year 1990 again,- upon :`;. bequest. A Notice letter dated June 18 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. (a) Respondent states that he has no recollection of receiving the Notice letter dated June 18, 1991, nor can he locate it or any other such Notice. William J. Casale June 29, 1992 Page 3 5. The public records of the State Ethics Commission reflect that Respondent did not file a Statement of Financial Interests with the State Ethics Commission and the Governor's Office of Administration for calendar year 1990 within fourteen days of the date of the said Notice letter. 6. Respondent states that the following are mitigating circumstances such that a civil penalty should not be assessed against him: (a) Respondent states that his history of timely responses to the request to file a Statement of Financial Interests supports his contention that he respects and complies with the provisions of the Ethics Law. (b) Respondent states as a mitigating circumstance the fact that he does not recall receiving and cannot locate the June 18, 1991 Notice letter. (c) . Respondent states as a mitigating circumstance that except for stock ownership in publicly traded companies, he has never held a financial interest in any business entities that do business with the State Office of Vocational Rehabilitation or the Department of Labor and Industry, or any other state agency. (d) Respondent states as a mitigating circumstance that he is willing to file another copy of the Statement of Financial Interests for calendar year 1990. Respondent has filed a Statement of Financial Interests dated April 27, 1992, for calendar year 1990, which was received by this Commission on May 5, 1992. II. DISCUSSION: Respondent is now and at all times relevant to these proceedings has been a Member of the State Board JA Vocational Rehabilitation. Respondent specifically held the aforesaid position in 1990. As a Member of the State Board of Vocational Rehabilitation, Respondent is a "public official" as that term is defined under the Public Official and Employee Ethics Law ( "Ethics Law"), 65 P.S. 5401, Alma., 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 required to file a Statement of Financial Interests providing complete financial disclosure for calendar year 1990 with the State William J. Casile June 29, 1992 Page 4 'Ethics Commission and the Governor's Office of Administration by May 1, 1991. 65 P.S. 55404,405. 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. 5409 (f) . Factually, the public of the State Ethics Commission reflect that 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 cbnstitutes a failure to comply with Sections 4 and 5 of the Ethics 'Law. Furthermore, upon the issuance of the June 18, 1991 Notice letter notifying Respondent of the above transgression, 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. We are of the opinion that Respondent has successfully shown cause why a civil penalty should not be levied against him in this matter. In so concluding, we are cognizant of Respondent's history of -timely filings of the Statements of Financial Interests for other prior calendar years. There is no evidence to suggest any intent to violate the Ethics Law, which, although not a defense, is a mitigating circumstance. We would further note that Respondent has filed a Statement of Financial Interests for calendar year 1990, after receiving the Order to Show Cause. Based upon the .totality of the circumstances, no civil penalty shall be levied in this'Case. Respondent is Cautioned to ensure that in the future, his Statements of Financial Interests are filed in a timely and proper manner as required by the Ethics Law. William J. Casile June 29, 1992 Page 5 III. CONCLUSIONS OF LAW: 1. Respondent William J. Casile is now and at all times relevant to these proceedings has been a Member of the State Board of Vocational Rehabilitation and as such Respondent is 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. 3. Respondent was required to 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. The public records of the State Ethics Commission reflect that 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. Notice of Respondent's delinquent 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). 6. Respondent failed to remedy the delinquency of his 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. Following the issuance of the Order to Show Cause, Respondent filed .a Statement of Financial Interests for calendar year 1990 dated April 27, 1992.' 8. Based upon the totality of the circumstances in this case, no civil penalty shall be levied against Respondent in this matter. Respondent shall be cautioned to ensure that in the future, his Statements of Financial Interests ate filed in a timely and proper manner as required by the Ethics Law. IN RE: WILLIAM J. CAME : File Docket: 92 -013 -P Date Decided: June 23. 1992 Respondent : Date Mailed: June 29. 1992 ORDER ' NO. 023-S 1. The 'pubile records . of the State Ethics Commission reflect that William J'. Casile, as a Member of the State Board of Vocational Rehabilitation, 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. 2. Given that the 1990 calendar year Statement of Financial Interests has been filed and based upon the circumstances of this case, no civil penalty shall be levied against William J. Casile. 3. William J. Casile is cautioned to ensure that in the future, his Stateawnts .of Financial. Interests are filed in a timely and proper fashion as required by the Ethics Law. BY THE COMMISSION, w James M. Howley,