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In Re: William Pentecost,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET ROOM 309
HARRISBURG, PA 17120-04,00
File Docket:
Order No,
Date Decided:
Date Mailed:
22-032-P
744-S
12/14/22
12/16/22
Before: Shelley Y. Simms, Acting Chair
Rl-ionda Hill Wilson
Paul E. Parsells
David L. Reddecliff
FACSIMILE: 717-787..0806
WEBSrm: V_m.eL
This is a final adjudication of the State Ethics Commission as to the alleged delinquency
and/or deficiency of Statement(s) of Financial Interests required to be filed pursuant to Sections
1104 and 1105 of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101.
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The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent a Petition for Civil Penalties, An Order to Show Cause
was issued to Respondent. A Stipulation of Findings and a Consent Agreement were subsequently
submitted by the parties to the Commission for consideration. '"Fhe Stipulated Findings are set
forth as the Findings in this Order, The Consent Agreement has been approved,
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Respondent, William Pentecost ("Respondent") is an adult individual who resides or
maintains a mailing address at [address redacted].
2. At all times relevant to these proceedings, Respondent has been a Member of the
Pennsylvania Military Community Enhancement Commission, and as such, Respondent
has been at all times relevant to these proceedings a "public official/public employee" as
defined in Section 1102 of the Ethics Act, 65 Pa.C.S. § 1102.
3 Respondent, as a public official/public employee, was subject to the Statement of Financial
Interests filing provisions of the Ethics Act.
4. Respondent failed to timely provide full financial disclosure as required by the Ethics Act,
Respondent failed to timely file a Statement Financial Interests for calendar year 2021,
which Statement of Financial Interests was to be filed by May 1, 2022. Respondent has
therefore violated Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104 and 1105,
a. Respondent did file his Statement of'Financial Interests for calendar year 2021 on
Pentecost, 22-032-P
Page 2
September 20, 2022.
5. By Notice Letter dated .Tune 24, 2022, Respondent was served with Notice in accordance
with Section 1107(5) of the Ethics Act of the specific allegation against Respondent
concerning the above transgression. 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 2021 within twenty (20)
days of the date of the Notice Letter.
6. By Notice Letter dated July 14, 2022, Respondent was served with Notice in accordance
with Section 1107(5) of the Ethics Act of the specific allegation against Respondent
concerning the above transgression. Said Notice Letter provided Respondent an
opportunity to avoid the institution of civil penalty proceedings by filing an accurate and
complete Statement of Financial Interests for calendar year 2021 so as to comply with the
specific requirements of the Ethics Act.
7. Respondent failed to timely file his Statement of Financial Interests for calendar year 2021
with the State Ethics Commission by the deadlines imposed in the Notice Letters.
I1. DISCUSSION:
As a Member of the Pennsylvania Military Community Enhancement Commission,
William Pentecost ("Pentecost") was at all times relevant to these proceedings a "public official"
subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§ 1101 et seq.
Pursuant to Section 1104(a) of the Ethics Act, Pentecost was specifically required to file a
Statement of Financial Interests for calendar year 2021 with the State Ethics Commission and the
Pennsylvania Military Community Enhancement Commission on or before May 1, 2022. Section
1104(a) provides:
§ 1104. Statement of financial interests required to be filed
(a) Public official or public employee. --Each public official of the
Commonwealth shall file a statement of financial interests for the preceding
calendar year with the commission no later than May 1 of each year that he holds
such a position and of the year after he leaves such a position. Each public
employee and public official of the Commonwealth shall file a statement of
financial interests for the preceding calendar year with the department, agency,
body or bureau in which he is employed or to which he is appointed or elected no
later than May I of each year that he holds such a position and of the year after he
leaves such a position. Any other public employee or public official shall file a
statement of financial interests with the governing authority of the political
subdivision by which he is employed or within which he is appointed or elected no
later than May I of each year that he holds such a position and of the year after he
leaves such a position. Persons who are full-time or part-time solicitors for political
subdivisions are required to file under this section.
Pentecost, 22-032-P
Page 3
65 Pa.C.S. § 1104(a).
The complete financial disclosure which Pentecost as a Member of the Pennsylvania
Military Community Enhancement Commission was required to provide in the Statement of
Financial Interests form is statutorily mandated in detail at Section 1105 of the Ethics Act, 65
Pa.C.S. § 1105.
Section 1109(f) of the Ethics Act provides as follows:
§ 1109. Penalties
(f) Civil penalty, In addition to any other civil remedy or criminal penalty
provided for in this chapter, the commission may, after notice has been served in
accordance with section 1107(5) (relating to powers and duties of commission)
and upon a majority vote of its members, levy a civil penalty upon any person
subject to this chapter 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 Pa.C.S. § 1109(o.
An application of Section 1109(f) to this case establishes that this Commission has the
discretion to levy a maximum civil penalty against Pentecost for each delinquent Statement of
Financial Interests for calendar year 2021.
The prerequisite service of allotice letter in accordance with Section 1107(5) was satisfied.
Pentecost did not remedy the failure to comply with the Ethics Act although given more than the
usual grace period following Notice in which to do so.
The Investigative Division then instituted formal proceedings against Pentecost by filing
with this Commission and serving upon him a Petition for Civil Penalties. The Commission issued
an Order to Show Cause, ordering Pentecost to show cause why civil penalties should not be levied
against him. The parties then filed a Stipulation of Findings and Consent Agreement.
The parties propose that this case be resolved by: (1) this Commission finding that
Pentecost failed to timely file a Statement of Financial Interests for calendar year 2021 in
compliance with Section 1104(a) of the Ethics Act; and (2) Pentecost malting payment of a civil
penalty in the amount of $200.00 in settlement of this matter by certified check or money order
payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty
days of the issuance of the final adjudication in this matter.
We note that the Consent Agreement of the parties provides that Pentecost filed his
Statement of Financial Interests for calendar year 202t on September 20, 2022.
We believe that the Consent Agreement sets forth a proper disposition for this case, based
Pentecost, 22-032-P
Page 4
upon our review of the totality of the facts and circumstances. Accordingly, we approve the
Consent Agreement that has been submitted by the parties.
We hereby find that Pentecost, as a Member with the Pennsylvania Military Community
Enhancement Commission, failed to timely file a Statement of Financial Interests for the 2021
calendar year in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a).
Per the Consent Agreement of the parties, we hereby levy civil penalties against Pentecost
in the total amount of $200.00 for Pentecost's delinquent Statement of Financial Interests for
calendar year 202L
To the extent he has not already done so, Pentecost shall be ordered to make payment of
the aforesaid civil penalties in the total amount of $200,00 by no later than the thirtieth (30111) day
after the mailing date of this adjudication and Order, by forwarding to this Commission a certified
check or money order in the amount of $200.00 made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
III. CONCLUSIONS OF LAW-
1. As a Member of the Pennsylvania Military Community Enhancement Commission,
William Pentecost ("Pentecost") was at all times relevant to these proceedings a "public
official" subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1101 et seq.
2. Pentecost, as a Member of the Pennsylvania Military Community Enhancement
Commission, failed to timely file a Statement of Financial Interests for the calendar year
2021 in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a).
3. Notice of the delinquency of Pentecost's Statement of Financial Interests for calendar year
2021 was previously served upon him in accordance with Section 1107(5) of the Ethics
Act, 65 Pa.C.S. § 1107(5).
4. Based upon the totality of the circumstances in this case, a civil penalty in the total amount
of $200.00 is warranted.
In Re: William Pentecost, File Docket: 22-032-P
Respondent Date Decided: 12/14/22
Date Mailed: 12/16/22
ORDER NO. 744-5
William Pentecost ("Pentecost"), as a Member of the Pennsylvania Military Community
Enhancement Commission, failed to timely file a Statement of Financial Interests for
calendar year 2021 in compliance with Section 1104(a) of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1104(a).
2. Per the Consent Agreement of the parties, we hereby levy a civil penalty against Pentecost
in the total amount of $200.00 for Pentecost's delinquent Statement of Financial Interests
for calendar year 2021.
3. To the extent he has not already done so, Pentecost is ordered to make payment of the
aforesaid civil penalty in the total amount of $200.00 by no later than the thirtieth (30t")
day after the mailing date of this Order, by forwarding to this Commission a certified check
or money order in the amount of $200.00 made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
4. Failure to comply with Paragraph 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Shelley Y. Sim , ting Chair