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In Re: Emese Bartha,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREE]" ROOM 309
I-JARRISIBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
23-036-P
781-S
1/11/24
1/12/24
Before: Michael A. Schwartz, Chair
Paul E. Parsells
David L. Reddecliff
Robert P. Caruso
Emilia McKee Vassallo
Thomas E. Leipold
FACSIMILE 717-787-0806
WEBSrm: www.eeth csv..p
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, § 1.101
et sue.
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. The Stipulated Findings are set
forth as the Findings in this Order. The Consent Agreement has been approved.
1. FINDINGS:
Respondent Emese Bartha ("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 District Legislative Aide
for the Office of Legislative Affairs, and as such, Respondent was 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.
Respondent, as a public official/public employee, is subject to the Statement of Financial
Interests filing provisions of the Ethics Act.
4. Respondent filed a deficient Statement of Financial Interests for calendar year 2021, which
was due by May 1, 2022. Respondent has therefore violated Sections 1104 and 1105 of the
Ethics Act, 65 Pa,C,S, § § 1104 and 1105.
Bartha, 23-036-P
Page 2
5. By Notice Letter dated February 1, 2023, 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 Statement of Financial Interests for calendar year 2021 within twenty (20)
days of the date of the Notice Letter. Respondent has failed and/or otherwise refused to
file 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 February 23, 2023, 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 fling 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 file a complete and accurate Statement of Financial Interests for
calendar year 2021 with the State Ethics Commission by the deadlines imposed in the
Notice Letters.
II. DISCUSSION:
As a District Legislative Aide for the Office of Legislative Affairs ("Legislative Affairs"),
Emese Bartha ("Bartha") was at all times relevant to these proceedings a "public employee"
subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§1101etseMc.
Pursuant to Section 1104(a) of the Ethics Act, Bartha was specifically required to file a
Statement of Financial Interests for calendar year 2021 with Legislative Affairs 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 I 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.
Bartha, 23-036-P
Page 3
65 Pa.C.S. § 1104(a).
The complete financial disclosure which Bartha as a District Legislative Aide for the Office
of Legislative Affairs 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(f).
An application of Section 1109(f) to this case establishes that this Commission has the
discretion to levy a maximum civil penalty against Bartha for each delinquent/deficient Statement
of Financial Interests for calendar year 2021.
The prerequisite service of allotice letter in accordance with Section 1107(5) was satisfied.
Bartha 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 Bartha by filing with
this Commission and serving upon Respondent an Order to Show Cause and a Petition for Civil
Penalties, ordering Bartha to show cause why a civil penalty should not be levied against her. 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 Bartha
failed to timely file a Statement of Financial Interests for the 2021 calendar year in compliance
with Section 1104(a) of the Ethics Act; and (2) Bartha malting payment of civil penalties in the
amount of $150.00 in settlement of this matter by certified check, money order or electronic
payment 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 believe that the Consent Agreement sets forth a proper disposition for this case, based
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 Bartha, as a District Legislative Aide for the Office of Legislative
Barth , 23-036-P
Page 4
Affairs, 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 Bartha in
the total amount of $150.00 for Bartha's delinquent Statement of Financial Interests for calendar
year 2021.
To the extent Respondent has not already done so, Bartha shall be ordered to make payment
of the aforesaid civil penalty in the total amount of $150.00 by no later than the thirtieth (301h) day
after the mailing date of this adjudication and Order, by utilizing the Commission's electronic
payment system or by forwarding to this Commission a certified check or money order in the
amount of $150.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State
Treasury.
III. CONCLUSIONS OF LAW:
l . As a District Legislative Aide for the Office of Legislative Affairs ("Legislative Affairs"),
Emese Bartha ("Bartha") was at all times relevant to these proceedings a "public
employee" subject to the provisions of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et M.
2. Bartba, as a District Legislative Aide with Legislative Affairs, failed to timely file a
complete and accurate Statement of Financial Interests for the 2021 calendar year in
compliance with Section 1 t04(a) of the Ethics Act, 65 Pa.C.S. § 1104(a).
3. Notice of the delinquency/deficiency of Bartha's Statement of Financial Interests for
calendar year 2021 was previously served upon Respondent 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 $150.00 is warranted.
In Re: Emese Bartha, File Docket: 23-036-P
Respondent Date Decided: 1/11/24
Date Mailed: 1/12/24
ORDER NO. 781-S
Emese Bartha ("Bartha"), as a District Legislative Aide for the Office of Legislative Affairs
("Legislative Affairs"), failed to timely file a Statement of Financial Interests for the 2021
calendar year 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 Bartha in
the total amount of $150.00 for Bartha's delinquent Statement of Financial Interests for
calendar year 2021.
3. To the extent Respondent has not already done so, Bartha is ordered to make payment of
the aforesaid civil penalty in the total amount of $150,00 by no later than the thirtieth (30"')
day after the mailing date of this Order, by utilizing the Commission's electronic payment
system or by forwarding to this Commission a certified check or money order in the amount
of $150.00 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,
f
Michael A. Schwartz, Chair