HomeMy WebLinkAbout177-S WilsonIN RE: James Wilson
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
03 -025 -P
Order 177 -S
12/1/03
12/15/03
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Daneen E. Reese
Frank M. Brown
Donald M. McCurdy
Michael Healey
Paul M. Henry
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 et seq.
The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent a Petition for Civil Penalty(ies). The parties filed a
Stipulation of Findings, which is quoted as the Findings in this Order. A Consent Agreement
was also submitted by the parties to the Commission for consideration which was
subsequently approved.
This is a final Order, and it is publicly available upon issuance. Reconsideration may
be requested, but a request for reconsideration will not affect the finality of this adjudication or
its availability as a public document. Any reconsideration request must be received at this
Commission within thirty days of the mailing date noted above and must include a detailed
explanation of the reasons as to why reconsideration should be granted in conformity with 51
Pa. Code §21.29(b).
Wilson, 03 -025 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at P.O.
Box 306, Shartlesville, PA 19554.
2. At all times relevant to these proceedings, Respondent has been a Deputy Coroner for
Berks County and as such Respondent has at all times relevant to these proceedings
been a "public official" as that term is defined in Section 2 of the Ethics Law, 65
Pa.C.S. 1102.
3. Respondent as a public official is subject to the Statement of Financial Interests filing
provisions of the Ethics Law.
4. Respondent has failed to provide full financial disclosure as required by the Ethics
Law. Respondent has failed to file Statements of Financial Interests for calendar
year(s) 1999 and 2001 with the State Ethics Commission [sic], which Statements of
Financial Interests were to be filed by May 1 of 2000 and 2002 and Respondent has
therefore transgressed Sections 4 and 5 of the Ethics Law, 65 Pa.C.S. §1104,1105.
5. By Notice letter dated November 18, 2002, Respondent was served with Notice in
accordance with Section 7(5) of the Ethics Law 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 year(s)
1999 and 2001 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar year(s)
1999 and 2001 so as to comply with the specific requirements of the Ethics Law... .
6. By Notice letter dated March 4, 2003, Respondent was served with Notice in
accordance with Section 7(5) of the Ethics Law 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 year(s)
1999 and 2001 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar year(s)
1999 and 2001 so as to comply with the specific requirements of the Ethics Law... .
7. Section 9(f) of the Ethics Law provides:
Section 9. Penalties
(f) In addition to any other civil remedy or criminal penalty
provided for in this act, the commission may, after notice has
been served in accordance with section 7(5) and upon a majority
vote of its members, levy a civil penalty upon any person subject
to this act 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 9(f) of the Ethics Law, 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
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has committed two (2) violations alleged herein, Respondent is subject to total
maximum civil penalty liability of $500.00 for said violation.
9. Respondent believes he timely filed his reporting forms but cannot produce copies
claiming paperwork was lost or destroyed related to a recent federal investigation into
alleged improprieties in the Berks County Coroner's Office.
II. DISCUSSION:
As a Chief Deputy Coroner for Berks County, James Wilson 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, James Wilson was specifically required
to file a Statement of Financial Interests for calendar years 1999 and 2001 on or before May
1, 2000 and May 1, 2002, 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 James Wilson as a Chief Deputy Coroner for
Berks County 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
Wilson, 03 -025 -P
Page 4
discretion to levy a maximum civil penalty against the Respondent for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Respondent 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 Respondent by
filing with the State Ethics Commission and serving upon Respondent a Petition for Civil
Penalties. A Consent Agreement was also submitted by the parties to the Commission for
consideration which was subsequently approved.
The parties propose that this case be resolved by this Commission: (1) finding that
James Wilson, as a Chief Deputy Coroner for Berks County, failed to comply with Section
1104 of the Ethics Act, 65 Pa.C.S. §1104, when he failed to file Statements of Financial
Interests for calendar years 1999 and 2001; (2) levying a civil penalty against Respondent in
the amount of $100.00, payable to the Commonwealth of Pennsylvania through this
Commission; and (3) directing Respondent to file Statements of Financial Interests for
calendar years 1999 and 2001 with the State Ethics Commission within 30 days of the date of
mailing of this order.
We believe that the Consent Agreement is the 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 James Wilson, as a Chief Deputy Coroner for Berks County, failed
to comply with Section 1104 of the Ethics Act, 65 Pa.C.S. §1104, when he failed to timely file
Statements of Financial Interests for calendar years 1999 and 2001 as Chief Deputy Coroner
for Berks County. We take administrative notice that Respondent has made payment of a civil
penalty in the amount of $100.00 in accordance with the Consent Agreement of the parties.
Respondent is directed to file Statements of Financial Interests for calendar years 1999 and
2001within 30 days of the date of mailing of this order. Failure to comply will result in the
initiation of an appropriate enforcement action.
III. CONCLUSIONS OF LAW:
1. As a Chief Deputy Coroner for Berks County , Respondent was at all times relevant to
these proceedings a "public official" subject to the provisions of the Ethics Act, 65
Pa.C.S. §1101 et seq.
2. Respondent, as a Chief Deputy Coroner for Berks County, failed to comply with
Section 1104 of the Ethics Act, 65 Pa.C.S. §1104, when he failed to timely file
Statements of Financial Interests for calendar years 1999 and 2001 as a Chief Deputy
Coroner for Berks County.
3. Notice of the delinquency of Respondent's Statement of Financial Interests for
calendar years 1999 and 2001 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 amount
of $100.00 is warranted.
IN RE: James Wilson
Respondent
ORDER NO. 177 -S
File Docket: 03 -025 -P
Date Decided: 12/1/03
Date Mailed: 12/15/03
1. James Wilson, as a Chief Deputy Coroner for Berks County, failed to comply with
Section 1104 of the Ethics Act, 65 Pa.C.S. §1104, when he failed to file Statements of
Financial Interests for calendar years 1999 and 2001.
2. As per the Consent Agreement of the parties, James Wilson has paid a civil penalty in
the amount of $100.00 through this Commission to the Commonwealth of
Pennsylvania.
3. As per the Consent Agreement of the parties, James Wilson is directed to file
Statements of Financial Interests for 1999 and 2001 within 30 days of the mailing date
of this order.
4. Failure to comply with paragraph 3 will result in the initiation of an appropriate
enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair