HomeMy WebLinkAbout179-S BernhardIn Re: Rebecca Bernhard
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
00 -003 -P
Order No. 179 -S
9/20/04
10/1/04
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 4/1104 and 5/1105 of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 P.S. §401 et seq. /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). An Order to
Show Cause was issued to Respondent. An Answer was not filed by the Respondent, and
a hearing was deemed waived. The record is complete. The Findings in this Order are
quoted from the Petition for Civil Penalty(ies) filed by the Investigative Division.
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).
Bernhard, 00 -003 -P
Page 2
FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
3037 Roxford Road, Allentown, PA 18103.
2. At all times relevant to these proceedings, Respondent has been a Constable
and /or Deputy Constable in Lehigh 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.
a. Respondent specifically held the aforesaid position in 1998.
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 a Statement of Financial Interests for calendar
year 1998 with the State Ethics Commission, which Statement of Financial Interests
was to be filed by May 1 of 1999, 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 5, 1999, 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 an accurate and complete Statement of Financial Interests for calendar
year 1998 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 1998
so as to comply with the specific requirements of the Ethics Law. .. .
6. By Notice letter dated December 3, 1999, 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 an accurate and complete Statement of Financial Interests for calendar
year 1998 within twenty (20) days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 1998
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
Bernhard, 00 -003 -P
Page 3
delinquent or deficient, for a maximum civil penalty of $250.00 per violation.
Because Respondent has committed one (1) violation alleged herein, Respondent
is subject to total maximum civil penalty liability of $250.00 for said violation.
9. There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $250.00 for each violation, in that the twenty -day deadline
set forth in the said final Notice letter to Respondent has expired and the
Respondent has not complied.
II. DISCUSSION:
As a Constable and /or Deputy Constable in Lehigh County, Rebecca Bernhard
( "Bernhard ") 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, Bernhard was specifically required to
file a Statement of Financial Interests for calendar year 1998 with the State Ethics
Commission on or before May 1, 1999. 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 Bernhard as a Constable and /or Deputy
Constable in Lehigh 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.
Bernhard, 00 -003 -P
Page 4
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 Bernhard for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Bernhard 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 Bernhard by
filing with the State Ethics Commission and serving upon her a Petition for Civil Penalties.
The State Ethics Commission issued an Order to Show Cause, ordering Bernhard to show
cause why a civil penalty should not be levied against her.
Bernhard did not file an answer to the Order to Show Cause. There is nothing of
record which would constitute a defense or excuse for her failure to comply with the Ethics
Act. Bernhard has failed to show cause why a civil penalty should not be levied against
her in this matter.
We find that Bernhard, as a Constable and /or Deputy Constable in Lehigh County,
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 year 1998 with the State Ethics
Commission.
We hereby levy one civil penalty against Bernhard at the rate of Twenty -Five
Dollars ($25.00) per day, for each day her Statement of Financial Interests for calendar
year 1998 has remained delinquent. Given the number of days during which the
Statement of Financial Interests has remained delinquent, the resultant amount to be
levied against Bernhard is Two - Hundred and Fifty Dollars ($250.00).
Bernhard shall be ordered to make payment of the above civil penalty in the amount
of $250.00 within 30 days of the issuance of this adjudication and Order, by forwarding a
check to this Commission made payable to the Commonwealth of Pennsylvania, for
deposit in the State Treasury.
Bernhard shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 1998 with this Commission within 30 days of the issuance of
this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. Rebecca Bernhard ( "Bernhard "), as a Constable and /or Deputy Constable in Lehigh
County, 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.
2. Bernhard, as a Constable and /or Deputy Constable in Lehigh County, 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 year 1998 with the State
Ethics Commission.
3. Notice of the delinquency of Bernhard's Statement of Financial Interests for
calendar year 1998 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, a civil penalty in the total
Bernhard, 00 -003 -P
Page 5
amount of $250.00 is warranted.
IN RE: Rebecca Bernhard
Respondent
File Docket: 00 -003 -P
Date Decided: 9/20/04
Date Mailed: 10/1/04
ORDER NO. 179 -S
1 Rebecca Bernhard ( "Bernhard "), as Constable and /or Deputy Constable in Lehigh
County, 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 year 1998 with the State Ethics Commission.
2. This Commission hereby levies one civil penalty against Bernhard at the rate of
Twenty -Five Dollars ($25.00) per day for each day her Statement of Financial
Interests for calendar year 1998 has remained delinquent, for a total civil penalty of
Two - Hundred and Fifty Dollars ($250.00). Bernhard is ordered to pay the said civil
penalty in the total amount of $250.00 within 30 days of the issuance of this Order,
by forwarding a check to this Commission payable to the Commonwealth of
Pennsylvania for deposit in the State Treasury.
3. Bernhard is ordered to file a complete and accurate Statement of Financial Interests
for calendar year 1998 with the State Ethics Commission within 30 days of issuance
of this Order.
4. Failure to comply with any provision of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair