HomeMy WebLinkAbout749-S McQuistonFILIONE: 717-783-1610
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In Ric: David McQuiston,
Respondent
SIWE ETHICS COMMISSION
FINANCE BUILDING
613 NOR,rvi SJ'REET", ROOM 309
11ARRISBURG, P7t17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
Before: Shelley Y. Simms, Chair
22-026-P
749-S
1/24/23
1/25/23
Michael A. Schwartz, Vice Chair
Rhonda Hill Wilson
Paul E. Parsells
David L. Reddecliff
Robert P. Caruso
FAA SWILE 717-787-0806
WEBsil-E-. www.efli'mpp, _qpy
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 sue.
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. Tile 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 or maintains a mailing address at [address
redacted]'I.
2. During calendar year 2021, Respondent was a member of the Port of Pittsburgh
Commission and as such, Respondent has at all times relevant to these proceedings been a
"public official/public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C.S.
§ 11, 02.
3. Respondent as 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,
Mc uiston, 22-026-P
Page 2
which Statement of Financial Interests was to be filed by May 1 of 2022, and Respondent
has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104,
1105.
By Notice letter dated June 24, 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 July 14, 2022, Respondent was sewed 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 1 t09(f) of the Ethics Act provides:
§ 1109. Penalties
(1) 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(f).
8. 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. § 1109(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.
McQuiston, 22-026-P
Page 3
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
letter to Respondent has expired and the Respondent has not complied.
II. DISCUSSION:
As a member of the Port of Pittsburgh Commission, David McQuiston ("McQuiston") 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 sect.
Pursuant to Section 1 iO4(a) of the Ethics Act, McQuiston was specifically required to file
a Statement of Financial Interests for calendar year 2021 with the Port of Pittsburgh Board of
Commissioners 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 1 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, § 1104(a).
The complete financial disclosure which McQuiston as a member of the Port of Pittsburgh
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 sewed 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
McQuiston, 22-026-P
Page 4
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(f).
An application of Section 1109(f) to this case establishes that this Commmission has the
discretion to levy a maximum civil penalty against McQuiston for the delinquent Statement of
Financial Interests for calendar year 2 02 1.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied.
McQuiston 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 McQuiston by filing with the State Ethics Commission and serving
upon McQuiston an Order to Show Cause and Petition for Civil Penalties, ordering McQuiston to
show cause why a civil penalty should not be levied against him. McQuiston did not file an answer
to the Order to Show Cause. A default judgment was entered against McQuiston. There is nothing
of record that would constitute a defense or excuse for McQuiston's failure to comply with the
Ethics Act. McQuiston has failed to show cause why a civil penalty should not be levied against
him in this matter.
We find that McQuiston, as a member of the Port of Pittsburgh Commission, 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 Port of Pittsburgh Board of
Commissioners.
We hereby levy one maximum civil penalty against McQuiston 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 McQuiston is Two
Hundred and Fifty Dollars ($250.00).
McQuiston shall be ordered to make payment of the above civil penalty in the amount of
$250.00 by no later than the thirtieth (30'h) 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.
McQuiston shall be ordered to file a complete and accurate Statement of Financial Interests
for calendar year 2021 with the Port of Pittsburgh Board of Commissioners by no later than the
thirtieth (30rh) day after the mailing date of this adjudication and Order, with one copy forwarded
to this Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
David McQuiston ("McQuiston"), as a member of the Port of Pittsburgh Commission, was
McQuiston, 22-026-P
Page 5
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. McQuiston, as a member of the Port of Pittsburgh Commission, 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.
3. Notice of the delinquency of McQuiston'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: David McQuiston, File Docket: 22-026-P
Respondent Date Decided: 1/24/23
Date Mailed: 1/25/23
ORDER NO.749-S
1. David McQuiston ("McQuiston"), as a member of the Port of Pittsburgh Commission,
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 McQuiston 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). McQuiston is ordered to pay said civil penalty in the total
amount of $250.00 by no later than the thirtieth (30t11) 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. McQuiston is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2021 with the Port of Pittsburgh Board of Commissioners by no later than
the thirtieth (30"') day after the mailing date of this Order, with one copy forwarded to the
Pennsylvania State Ethics Commission for compliance verification purposes.
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. Si hair