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HomeMy WebLinkAbout788-S, Woodsonv P1 JONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Amelia Woodson, Respondent STATE E'rmcs COMMISSION FINANCE BUILDING 613 NO]""UH STREET, ROOM 309 HARRISBURG), 1:)A17120-0400 File Docket: Order No. Date Decided Date Mailed: 23-031-P 788-S 6/18/24 6/21/24 Before: Michael A. Schwartz, Chair Rhonda Hill Wilson, Vice Chair Paul E. Parsells David L. Reddecliff Emilia McKee Vassallo Thomas E. Leipold FACSIMILE: 717-787-0806 W E B S IT E: yyyL\Lw. c Lh1gs.j.)Ago v This is a final adjudication of the Pennsylvania State Ethics Commission] as to the alleged delinquency and/or deficiency of Staternent(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 M. 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: I Respondent is an adult individual who resides or maintains a mailing address at [address redactedl. 1 From September 16, 2020 to March 13, 2021, Respondent was an Income Maintenance Case Worker with the Pennsylvania Department of Human Services, and as such, Respondent has at all times relevant to these proceedings been a "public official" or "public employee" as defined in Section 1102 of the Ethics, Act, 65 Pa.C.S. § 1101 3, Respondent as a public official or public employee is subject to the Statement of Financial I Commissioner Robert P. Caruso recused himself from this, inatter and did not participate in the deliberations involving this case. Woodson, 23-031-P Page 2 Interests filing provisions of the Ethics Act, COUNT ONE 4. Paragraphs 1 through 3 are incorporated by reference. 5. Section 1104 of the Ethics Act requires all public officials and public employees to file a Statement of Financial Interests by no later than May i of each year that the public official or public employee holds such position and the year after they leave such position. 65 Pa.C.S. § 1104. 6. Section 1105 of the Ethics Act lists the information required to be included on the Statement of Financial Interests. 65 Pa.C.S. § 1105. 7. Respondent has failed to provide full financial disclosure as required by the Ethics Act. Specifically, Respondent has failed to file a Statement of Financial Interests for calendar years 2020 and 2021, which Statements of Financial Interests were to be filed by May 1 of 2021 and 2022, respectively, and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105. By Notice letter dated November 3, 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. 65 Pa.C.S. § 1107. 9. 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 years 2020 and 2021 within twenty (20) days of the date of the Notice letter. 10. Respondent failed to file a Statement of Financial Interests for calendar years 2020 and 2021 within twenty (20) days of the date of the Notice letter so as to comply with the specific requirements of the Ethics Act. 11. By letter dated December 9, 2022, Respondent was served with a second correspondence titled "Final Notice" of the specific allegations against Respondent concerning the above transgressions. 12. Said second correspondence titled "Final Notice" again 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 years 2020 and 2021 within twenty (20) days of the date of the second correspondence titled "Final Notice." 13. Respondent has failed and/or refused to file a Statement of Financial Interests for calendar years 2020 and 2021 so as to comply with the specific requirements of the Ethics Act. Woodson, 23-031-P Page 3 PENALTIES 14. Section 1109(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(f). 15. 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 penally of $250.00 per violation. 16. Because Respondent has committed two violations alleged herein, Respondent is subject to total maximum civil penalty liability of $500.00. 17. 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 second correspondence titled "Final Notice" to Respondent has expired and the Respondent has not complied. II. DISCUSSION: As an Income Maintenance Caseworker with the Pennsylvania Department of Human Services ("Department of Human Services"), Amelia Woodson ("Woodson") 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 sue. Pursuant to Section 1 I04(a) of the Ethics Act, Woodson was specifically required to file a Statement of Financial Interests for calendar years 2020 and 2021 with the Department of Human Services on or before May I of 2021 and 2022, respectively. Section 1104(a) provides: § 1104. Statement of financial interests required to be filed Woodson, 23-031-P Page 4 (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 molds 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 Woodson as an Income Maintenance Caseworker with the Department of Human Services 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 Woodson for the delinquent Statements of Financial Interests for calendar years 2020 and 2021. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Woodson 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 Woodson by filing with the State Ethics Commission and serving upon Woodson an Order to Show Cause and Petition for Civil Penalties, ordering Woodson to show Woodson, 23 -03 1 -P Page 5 cause why a civil penalty should not be levied against her. Woodson did not file an answer to the Order to Show Cause. A default judgment was entered against Woodson. There is nothing of record that would constitute a defense or excuse for Woodson's failure to comply with the Ethics Act. Woodson has failed to show cause why a civil penalty should not be levied against her in this matter. We find that Woodson, as an Income Maintenance Caseworker with the Department of Human Services, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to file a Statement of Financial Interests for calendar years 2020 and 2021 with the Department of Human Services. We hereby levy two maximum civil penalties against Woodson, each at the rate of Twenty - Five Dollars ($25.00) per day, for each day the Statements of Financial Interests for calendar years 2020 and 2021 remained delinquent. Given the number of days during which the Statements of Financial Interests have remained delinquent, the resultant amount to be levied against Woodson is Five Hundred Dollars ($500.00). Woodson shall be ordered to make payment of the above civil penalties of $500.00 by no later than the thirtieth (30t") day after the mailing date of this adjudication and Order, by utilizing the Commission's electronic payment system or by forwarding a check to this Commission made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Woodson shall be ordered to file a complete and accurate Statement of Financial Interests for calendar years 2020 and 2021 with the Department of Human Services by no later than the thirtieth (30t") 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: Amelia Woodson ("Woodson"), as an Income Maintenance Caseworker with the Pennsylvania Department of Human Services ("Department of Human Services"), 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. Woodson, as an Income Maintenance Caseworker with the Department of Human Services, failed to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to file a Statement of Financial Interests for calendar years 2020 and 2021 with the Department of Human Services. Notice of the delinquency of Woodson's Statement of Financial Interests for calendar years 2020 and 2021 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 civil penalties in the total amount of $500.00 is warranted. In Re: Amelia Woodson, File Docket: 23-031-P Respondent Date Decided: 6/18/24 Date Mailed: 6/21/24 ORDER NO. 788-S Amelia Woodson ("Woodson"), as an Income Maintenance Caseworker with the Pennsylvania Department of Human Services ("Department of Human Services"), 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 a Statement of Financial Interests for calendar years 2020 and 2021 with the Department of Human Services. 2. This Commission hereby levies two maximurn civil penalties against Woodson, each at the rate of Twenty -Five Dollars ($25.00) per day, for each day her Statements of Financial Interests for calendar years 2020 and 2021 remained delinquent, for a total civil penalty of Five Hundred Dollars ($500.00). Woodson is ordered to pay said civil penalties in the total amount of $500.00 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 a check to the Pennsylvania State Ethics Commission made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Woodson is ordered to file a complete and accurate Statement of Financial Interests for calendar years 2020 and 2021 with the Department of Human Services 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, Michael A. Schwartz, Chair