Loading...
HomeMy WebLinkAbout750-S WelshonsPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 .In. Re: Karen A. Welshons, Respondent STATE ETHICS COMIAISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBUR(3, IDA 17120-0400 File Docket: Order No. Date Decided: Date Mailed: 22-037-P 750-S 1/24/23 1/25/23 Shelley Y. Simms, Chair Michael A. Schwartz, Vice Chair Rhonda Hill Wilson Paul E. Parsells David L. Reddecliff FACSIMILE: 7,17-787-0806 WEBSITE: _W_wwet1:1Li x ov This is a final adjiudication 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 sLeq. 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. I. FINDINGS: Respondent is an adult individual who resides or maintains a mailing address at [address redacted]. 2. Respondent is a School Board Member for the Jeannette City School District 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. § 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 filed a deficient Statement of Financial Interests for calendar year 2018 and has failed to file a Statement of Financial Interests for calendar year 2019, which Statements of Financial Interests were to be filed by May 1 of 2019 and May 1, 2020, welshons, 22-037-P Page 2 respectively. Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. 5. By Notice letter dated November 9, 2021, 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 accurate and complete Statements of Financial Interests for calendar years 2018 and 2019 within twenty (20) days of the date of the Notice letter. Respondent has failed and refused to file accurate and complete Statements of Financial Interests for calendar years 2018 and 2019 so as to comply with the specific requirements of the Ethics Act. By Notice letter dated June 6, 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 transgressions. Said Notice letter provided Respondent an opportunity to avoid the institution of these civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar years 2018 and 2019 within twenty (20) days of the date of the Notice letter. Respondent has failed and refused to file accurate and complete Statements of Financial Interests for calendar years 2018 and 2019 so as to comply with the specific requirements of the Ethics Act. 7. Section 1109(f) of the Ethics Act provides; § 1109. Penalties (if7 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 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 two violations alleged herein, Respondent is subject to total maximum civil penalty liability of $500.00. Welshons, 22-037-P Page 3 9. There are no mitigating circumstances and Respondent should be assessed the maximum civil penalty of $500.00, in that the twenty -day deadline set forth in the said -final Notice letter to Respondent has expired and the Respondent has not complied. I1. DISCUSSION: As a School Board Member for the Jeannette City School District, Karen A. Welshons ("Welshons") 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 l 104(a) of the Ethics Act, Welshons was specifically required to file Statements of Financial Interests for calendar years 2018 and 2019 with the Jeannette City School Board on or before May 1, 2019 and May 1, 2020, respectively. 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 1 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 Welshons as a School Board Member for the Jeannette City School District 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 Welshons, 22-037-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 Commission has the discretion to levy a maximum civil penalty against Welshons for each delinquent Statement of Financial Interests for calendar years 2018 and 2019. The prerequisite service of allotice letter in accordance with Section 1107(5) was satisfied. Welshons 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 Welshons by filing with the State Ethics Commission and serving upon Welshons an Order to Show Cause and Petition for Civil Penalties, ordering Welshons to show cause why a civil penalty should not be levied against her. Welshons did not file an answer to the Order to Show Cause. A default judgment was entered against Welshons. There is nothing of record that would constitute a defense or excuse for Welshons' failure to comply with the Ethics Act. Welshons has failed to show cause why a civil penalty should not be levied ,against her in this matter. We find that Welshons, as a School Board Member for the Jeannette City School District, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to file Statements of Financial Interests for calendar years 2018 and 2019 with the Jeannette City School Board. We hereby levy two maximum civil penalties against Welshons at the rate of Twenty -Five Dollars ($25.00) per day for each day her Statements of Financial Interests for calendar years 2018 and 2019 has remained delinquent. Given the number of days during which the Statements of Financial Interests has remained delinquent, the resultant amount to be levied against Welshons is Five Hundred Dollars ($500.00). Welshons shall be ordered to make payment of the above civil penalty in the amount of $500.00 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. Welshons shall be ordered to file complete and accurate Statements of Financial Interests for calendar years 2018 and 2019 with the Jeannette City School Board by no later than the thirtieth (30"') day after the mailing date of this adjudication and Order, with one copy forwarded to this Commission for compliance verification purposes. IIL CONCLUSIONS OF LAW: Karen A. Welshons ("Welshons"), as a School Board Member for the Jeannette City Welshons, 22-037-P Page 5 School District, 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. Welshons, as a School Board Member for the Jeannette City School District, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to file complete and accurate Statements of Financial Interests for calendar years 2018 and 2019 with the Jeannette City School Board. 3. Notice of the delinquency of Welshons' Statements of Financial Interests for calendar years 2018 and 2019 was previously served upon her 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, the imposition of two maximum civil penalties in the total amount of $500.00 is warranted. In Re: Karen A. Welshons, File Docket: 22-037-P Respondent Date Decided: 1/24/23 Date Mailed: 1/25/23 ORDER NO.750-S I. Karen A. Welshons ("Welshons"), as a School Board Member for the Jeannette City School District, failed to comply with Section 1104(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1104(a), when she failed to file accurate and complete Statements of Financial Interests for calendar years 2018 and 2019. 2. This Commission hereby levies two maximum civil penalties against Welshons, each at the rate of Twenty -Five Dollars ($25.00) per day for each day her Statements of Financial Interests for calendar years 2018 and 2019 have remained delinquent, for a total civil penalty of Five Hundred Dollars ($500.00). Welshons is ordered to pay said civil penalty in the total amount of $500.00 by no later than the thirtieth (30"') 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. Welshons is ordered to file complete and accurate Statements of Financial Interests for calendar years 2018 and 2019 with the Jeannette City School Board by no later than the thirtieth (30"') day after the mailing date of this Order, with a copy of each such filing 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, b Shelley Y. Sim Chair