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,