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HomeMy WebLinkAbout789-S, RobinsonPLIONE: 717-783-1610 TOLL FREE: 1..800-932-0936 In Re: Lakeshia Robinson, Respondent STATE ETHICS COMMISSION RNANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket: Order No. Date Decided: Date Mailed� 23-033-P 789-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 WEBSITE: wwuw.tl7is.p.c lov 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 gt 5eq. 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. I. FINDINGS: Respondent Lakeshia Robinson ("Respondent") is an adult individual who resides or maintains a mailing address at [address redacted]. 1 From March 1, 2021 to July 10, 2021, Respondent was an Income Maintenance Caseworker with the Department of Hurnan Services, 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, 1 Respondent, as a public official/public employee, is subject to the Statement of Financial Interests filing provisions of the Ethics Act. 4. Respondent failed to timely provide full financial disclosure as required by the Ethics Act, I Commissioner Robert P. Caruso recused himself fi-om this matter and did not participate in the deliberations involving this case, Robinson,23-033-P Page 2 Respondent failed to timely file a Statement of Financial Interests for calendar years 2020 and 2021, which were due by May 1, 2021 and 2022, respectively. Respondent has therefore violated Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104 and 1105. 5. 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 allegation 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 2020 and 2021 within twenty (20) days of the date of the Notice Letter. Respondent failed and/or otherwise refused to file Statements of Financial Interests for calendar years 2020 and 2021 so as to comply with the specific requirements of the Ethics Act. 6. By Notice Letter dated December 9, 2022, Respondent was served with Notice in accordance with Section 1107(5) of the Ethics Act of the specific allegation against Respondent concerning the above transgressions. Said Notice Letter provided Respondent an opportunity to avoid the institution of civil penalty proceedings by filing an accurate and complete Statement of Financial Interests for calendar years 2020 and 2021 so as to comply with the specific requirements of the Ethics Act. 7. Respondent failed to file Statements of Financial Interests for calendar years 2020 and 2021 with the State Ethics Commission by the deadlines imposed in the Notice Letters, II. DISCUSSION: As an Income Maintenance Caseworker with the Department of Human Services, Lakeshia Robinson ("Robinson") 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 seq. Pursuant to Section I I04(a) of the Ethics Act, Robinson was specifically required to file a Statement of Financial Interests for calendar years 2020 and 2021 with the State Ethics Commission on or before May 1, 2021 and 2022, 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 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 Robinson, 23-033-P Page 3 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 Robinson 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 I I09(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 Robinson for each delinquent Statement of Financial Interests for calendar years 2020 and 2021. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Robinson 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 Robinson by filing with this Commission and serving upon Respondent an Order to Show Cause and a Petition for Civil Penalties, ordering Robinson 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 Robinson failed to timely file Statements of Financial Interests for calendar years 2020 and 2021 in compliance with Section 1104(a) of the Ethics Act; and (2) Robinson making payment of civil penalties in the amount of $300.00 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 six months 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 Robinson, 23-033-P Page 4 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 Robinson, as an Income Maintenance Caseworker with the Department of Human Services, failed to timely file Statements of Financial Interests for calendar years 2020 and 2021 in compliance with Section l I04(a) of the Ethics Act, 65 Pa. C.S. § 1104(a). Per the Consent Agreement of the parties, we hereby levy a civil penalty against Robinson in the total amount of $300.00 for Robinson's delinquent Statements of Financial Interests for calendar years 2020 and 2021. To the extent Respondent has not already done so, Robinson shall be ordered to make payment of the aforesaid civil penalty in the total amount of $300.00 by no later than six months 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 $300.00 made payable to the Commonwealth of Pennsylvania for deposit in the State Treasury. III. CONCLUSIONS OF LAW: As an Income Maintenance Caseworker with the Department of Human Services, Lakeshia Robinson ("Robinson") was at all times relevant to these proceedings a "public official/public employee" subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Robinson, as an Income Maintenance Caseworker with the Department of Human Services, failed to timely file Statements of Financial Interests for calendar years 2020 and 2021 in compliance with Section I I04(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). 3. Notice of the delinquency of Robinson's Statements of Financial Interests for calendar years 2020 and 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 $300.00 is warranted. In Re: Lakeshia Robinson, File Docket: 23-033-P Respondent Date Decided: 6/18/24 Date Mailed: 6/21/24 ORDER NO. 789-S 1. Lakeshia Robinson ("Robinson"), as an Income Maintenance Caseworker with the Department of Human Services, failed to timely file Statements of Financial Interests for calendar years 2020 and 2021 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 Robinson in the total amount of $300.00 for Robinson's delinquent Statements of Financial Interests for calendar years 2020 and 2021. 3. To the extent Respondent has not already done so, Robinson is ordered to make payment of the aforesaid civil penalty in the total amount of $300.00 by no later than six months 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 $300.00 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, Michael A. Schwartz, Chair