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In Re: Paul Bollinger,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NOR-ri-i STREET ROOM 3019
HARRISBURG, PA 17120-0400
File Docket:
22-031-P
Order No.
748-S
Date Decided:
12/14/22
Date Mailed:
12/16/22
Before: Shelley Y. Simms, Acting Chair
Rhonda Hill Wilson
Paul E. Parsells
David L. Reddectiff
FACSIMILE: 717-787-0806
WEBSITE: I �'cs. a,_g[Lv,
This is a final adjudication of the Pennsylvania 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 et sUc ,
The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent an Order to Show Cause and a Petition for Civil
Penalties. An Answer was not filed by the Respondent, and a hearing was deemed waived., A
Motion to Deem Facts Admitted and Enter Default was filed. The Motion was granted. The record
is complete, The Findings in this Order are derived from the Order to Show Cause and Petition
for Civil Penalties filed by the Investigative Division.
1. FINDINGS:
Respondent is an adult individual who resides ort-naintains a mailing address at [address
redacted"l,
2. During calendar year 2021, Respondent was a Constable/Deputy Constable and as such,
Respondent has at all times relevant to these proceedings been a "public official/public
employee" as &Imed in Section 1102 of the Ethics Act, 65 Pa.C.S. § 1102.
3. Respondent as a public official/public employee is subject to the Statement of Financial
Interests filing provisions of the Ethics Act,
4. Respondent has failed to provide full financial disclosure as required by the Ethics Act.
Respondent has failed to file a Statement of Financial Interests for calendar year 2021,
which Statement of Financial Interests was to be filed by May I of 2022, and Respondent
has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104,
1105.
SolIi W, 22-031-P
Page 2
5. By Notice letter dated May 13, 2022, Respondent was served with Notice in accordance
with Section 1107(5) of the Ethics Act of the specific allegations 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. Respondent has failed and refused to file a complete Statement of
Financial Interests for calendar year 2021 so as to comply with the specific requirements
of the Ethics Act.
6. By Notice letter dated June 13, 2022, Respondent was served with Notice in accordance
with Section 1107(5) of the Ethics Act of the specific allegations 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. Respondent has failed and refused to file a complete Statement of
Financial Interests for calendar year 2021 so as to comply with the specific requirements
of the Ethics Act.
7. Section I I09(f) of the Ethics Act provides:
§ 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(t).
For each violation the Commission finds, Respondent is subject to civil penalty liability
under Section 1109(f) of the Ethics Act, 65 Pa.C.S. § I I09(f), at a rate of not more than
$25.00 per day for each day the Statement of Financial Interests remains delinquent or
deficient, for a maximum civil penalty of $250.00 per violation. Because Respondent has
committed one violation alleged herein, Respondent is subject to total maximum civil
penalty liability of $250.00.
9. There are no mitigating circumstances and Respondent should be assessed the maximum
civil penalty of $250.00, in that the twenty -day deadline set forth in the said final Notice
BolIinper, 22-031-P
Page 3
letter to Respondent has expired and the Respondent has not complied.
11. DISCUSSION:
As a Constable/Deputy Constable, Paul Bollinger ("Bollinger") 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 I I04(a) of the Ethics Act, Bollinger was specifically required to file a
Statement of Financial Interests for calendar year 2021 with the State Ethics Commission on or
before May 1, 2022. Section 1104(a) provides:
§ 1104. Statement of financial interests required to be filed
(a) PubIie 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.
65 Pa. C.S. § I I04(a).
The complete financial disclosure which Bollinger as a Constable/Deputy Constable 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
Bollinger, 22-031-P
Page 4
maximum penalty payable under this paragraph is $250.
65 Pa.C.S. § 1109(f).
An application of Section 1109(f) to this case establishes that this Commission has the
discretion to levy a maximum civil penalty against Bollinger for the delinquent Statement of
Financial Interests for calendar year 2021.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied.
Bollinger 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 Bollinger by filing with the State Ethics Commission and serving upon
Bollinger an Order to Show Cause and Petition for Civil Penalties, ordering Bollinger to show
cause why a civil penalty should not be levied against him. Bollinger did not file an answer to the
Order to Show Cause. A default judgment was entered against Bollinger. There is nothing of
record that would constitute a defense or excuse for Bollinger's failure to comply with the Ethics
Act. Bollinger has failed to show cause why a civil penalty should not be levied against him in
this matter.
We find that Bollinger, as a Constable/Deputy Constable, failed to comply with Section
1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file a Statement of Financial
Interests for calendar year 2021 with the State Ethics Commission.
We hereby levy one maximum civil penalty against Bollinger at the rate of Twenty -Five
Dollars ($25.00) per day for each day his Statement of Financial Interests for calendar year 2021
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 Bollinger is Two
Hundred and Fifty Dollars ($250.00).
Bollinger shall be ordered to make payment of the above civil penalty in the amount of
$250.00 by no later than the thirtieth (30"') day after the mailing date of this adjudication and
Order, by forwarding a check to this Commission made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
Bollinger shall be ordered to file a complete and accurate Statement of Financial Interests
for calendar year 2021 with the State Ethics Commission by no later than the thirtieth (30rh) day
after the mailing date of this adjudication and Order.
III. CONCLUSIONS OF LAW:
Paul Bollinger ("Bollinger"), as a Constable/Deputy Constable, 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. Bollinger, as a Constable/Deputy Constable, failed to comply with Section. I I04(a) of the
Ethics Act, 65 Pa.C.S. § I I04(a), when he failed to file a Statement of Financial Interests
Bollinger, 22-031-P
Page 5
for calendar year 2021.
3. Notice of the delinquency of Bollinger'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 $250.00 is warranted.
In Re: Paul Bollinger, File Docket: 22-031-P
Respondent Date Decided: 12/14/22
Date Mailed: 12/16/22
ORDER NO. 748-S
Paul Bollinger (`Bollinger"), as a Constable/Deputy Constable, failed to comply with
Section 1104(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§ 1104(a), when he failed to file a Statement of Financial Interests for calendar year 2021.
2. This Commission hereby levies one maximum civil penalty against Bollinger at the rate of
Twenty -Five Dollars ($25.00) per day for each day his Statement of Financial Interests for
calendar year 2021 has remained delinquent, for a total civil penalty of Two Hundred and
Fifty Dollars ($250.00). Bollinger is ordered to pay said civil penalty in the total amount
of $250.00 by no later than the thirtieth (30t") day after the mailing date of this Order, by
forwarding a check to the Pennsylvania State Ethics Commission made payable to the
Commonwealth of Pennsylvania, for deposit in the State Treasury.
3. Bollinger is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2021 with the State Ethics Commission by no later than the thirtieth (30"')
day after the mailing date of this Order.
4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Shelley Y. Sim s, cting Chair