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In Re: Michelle Mattus,
Respondent
PT,
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTI-I STREET, ROOM 309
FIARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
24-009-P
794-S
6/18/24
6/21/24
Before; Michael A. Schwartz, Chair
Rhonda Hill Wilson, Vice Chair
Paul E. Parsells
David L. Reddecliff
Robert P. Caruso
Emilia McKee Vassallo
Thomas E. Leipold
FACSIMILE 717..787-(i806
WEBSITE: WWW,qtt�jc%.. v
This is a final adjudication of the Pennsylvania State Ethics Commission as to the alleged
delinquency and/or deficiency of Statements) 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:
1. Respondent is an adult individual who resides or maintains a mailing address at [address
redacted].
2. Respondent was a Council Member for Ridley Park Borough, 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. § 1102.
3. Respondent as a public official or public employee is subject to the Statement of l7inancial
Interests filing provisions, of the Ethics Act.
Mattus, 24-009-P
Page 2
COUNT ONE
4. Paragraphs I 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 1 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 Statements of Financial Interests for calendar
years 2019 and 2020, which Statements of Financial Interests were to be filed by May I of
2020 and 2021, respectively, and Respondent has therefore transgressed Sections 1104 and
1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
8. By Notice letter dated November 4, 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 2019 and 2020 within twenty (20) days of the date of the Notice letter.
10. Respondent failed to file a Statement of Financial Interests for calendar years 2019 and
2020 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 January 5, 2023, 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 2019 and 2020 within
twenty (20) days of the date of the second correspondence titled "Final Notice."
13. Respondent has failed and refused to file Statements of Financial Interests for calendar
years 2019 and 2020 so as to comply with the specific requirements of the Ethics Act.
PENALTIES
14. Section 1109(f) of the Ethics Act provides:
Mattu , 24-009-P
Page 3
§ 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 penalty of $250.00 per violation.
16. Because Respondent has committed two violations alleged herein, Respondent is subject
to a 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.
11. DISCUSSION:
As a Council Member for Ridley Park Borough, Michelle Mattus ("Mattus") 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 sue.
Pursuant to Section 1104(a) of the Ethics Act, Mattus was specifically required to file a
Statement of Financial Interests for calendar years 2019 and 2020 with Ridley Park Borough on
or before May 1, 2020 and 2021, 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
Mattes, 24-009-P
Page 4
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 Mattus as a Council Member for Ridley Park
Borough 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 Mattus for the delinquent Statement of
Financial Interests for calendar years 2019 and 2020.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied.
Mattus 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 Mattus by filing with the State Ethics Commission and serving upon
Mattus an Order to Show Cause and Petition for Civil Penalties, ordering Mattus to show cause
why a civil penalty should not be levied against her. Mattus did not file an answer to the Order to
Show Cause. A default judgment was entered against Mattus. There is nothing of record that
would constitute a defense or excuse for Mattus' failure to comply with the Ethics Act. Mattus
has failed to show cause why a civil penalty should not be levied against her in this matter.
Matteis, 24-009-P
Page 5
We find that Mattus, as a Council Member for Ridley Park Borough, 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 2019 and 2020 with Ridley Park Borough.
We hereby levy two maximum civil penalties against Mattus, each at the rate of Twenty -
Five Dollars ($25.00) per day, for each day the Statements of Financial Interests for calendar years
2019 and 2020 remained delinquent. Given the number of days during which the Statements of
Financial Interests remained delinquent, the resultant amount to be levied against Mattus is Five
Hundred Dollars ($500.00).
Mattus shall be ordered to make payment of the above civil penalties of $500.00 by no later
than the thirtieth (30"') 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.
Mattus shall be ordered to file a complete and accurate Statement of Financial Interests for
calendar years 2019 and 2020 with Ridley Park Borough by no later than the thirtieth (30`t') 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:
I. Michelle Mattus ("Mattus"), as a Council Member for Ridley Park Borough, 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 seMc .
2. Mattus, as a Council Member for Ridley Park Borough, 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 2019 and 2020 with Ridley Park Borough.
3. Notice of the delinquency of Mattus' Statement of Financial Interests for calendar years
2019 and 2020 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: Michelle Mattus, File Docket: 24-009-P
Respondent Date Decided: 6/18/24
Date Mailed: 6/21/24
ORDER NO. 794-S
Michelle Mattus ("Mattus"), as a Council Member for Ridley Park Borough, 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 2019 and 2020 with Ridley Park Borough.
2. This Commission hereby levies two maximum civil penalties against Mattus, each at the
rate of Twenty -Five Dollars ($25.00) per day, for each day her Statements of Financial
Interests for calendar years 2019 and 2020 remained delinquent, for a total civil penalty of
Five Hundred Dollars ($500.00). Mattus is ordered to pay said civil penalty in the total
amount of $500.00 by no later than the thirtieth (30'h) 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.
Mattus is ordered to file a complete and accurate Statement of Financial Interests for
calendar years 2019 and 2020 with Ridley Park Borough by no later than the thirtieth (30111)
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,
WZ_9�
Michael A. Schwartz, Chair