HomeMy WebLinkAbout189-S AngleIn Re: Kathryn Angle
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
03 -019 -P
Order No. 189 -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).
Angle, 03 -019 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
240 Upper Lakeview Drive, East Stroudsburg, PA 18301.
2. At all times relevant to these proceedings, Respondent has been an Auditor for
Middle Smithfield Township 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
years 1999 and 2000 with the State Ethics Commission [sic], which Statements of
Financial Interests were to be filed by May 1 of 2000 and 2001, and Respondent
has therefore transgressed Sections 4 and 5 of the Ethics Law, 65 Pa.C.S. § §1104,
1105.
5. By Notice letter dated December 30, 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 years
1999 and 2000 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar years
1999 and 2000 so as to comply with the specific requirements of the Ethics Law.. .
6. By Notice letter dated March 6, 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 years
1999 and 2000 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar years
1999 and 2000 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.
Angle, 03 -019 -P
Page 3
Because Respondent has committed two (2) violations alleged herein, Respondent
is subject to total maximum civil penalty liability of $500.00 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 an Auditor for Middle Smithfield Township, Kathryn Angle ( "Angle ") 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, Angle was specifically required to file
Statements of Financial Interests for calendar years 1999 and 2000 with Middle Smithfield
Township on or before May 1, 2000 and May 1, 2001, 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 Angle as an Auditor for Middle Smithfield
Township 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).
Angle, 03 -019 -P
Page 4
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Angle for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Angle 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 Angle 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 Angle to show cause
why a civil penalty should not be levied against her.
Angle did not file an answer to the Order to Show Cause. There is nothing of record
which would constitute a defense or excuse for Angle's failure to comply with the Ethics
Act. Angle has failed to show cause why a civil penalty should not be levied against her in
this matter.
We find that Angle, as an Auditor for Middle Smithfield Township, failed to comply
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when she failed to file
Statements of Financial Interests for calendar years 1999 and 2000 with Middle Smithfield
Township.
We hereby levy one civil penalty against Angle at the rate of Twenty -Five Dollars
($25.00) per day, for each day her Statements of Financial Interests for calendar years
1999 and 2000 have remained delinquent. Given the number of days during which the
Statements of Financial Interests have remained delinquent, the resultant amount to be
levied against Angle is Five - Hundred Dollars ($500.00).
Angle shall be ordered to make payment of the above civil penalty in the amount of
$500.00 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.
Angle shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 1999 and 2000 with Middle Smithfield Township, and to
forward time - stamped copies of the same to the State Ethics Commission for verification
purposes within 30 days of the issuance of this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. Kathryn Angle ( "Angle "), as an Auditor for Middle Smithfield Township, 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. Angle, as an Auditor for Middle Smithfield Township, failed to comply with Section
1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when she failed to file Statements
of Financial Interests for calendar years 1999 and 2000 with Middle Smithfield
Township.
3. Notice of the delinquency of Angle's Statements of Financial Interests for calendar
years 1999 and 2000 was previously served upon Angle 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 $500.00 is warranted.
IN RE: Kathryn Angle
Respondent
File Docket: 03 -019 -P
Date Decided: 9/20/04
Date Mailed: 10/1/04
ORDER NO. 189 -S
1 Kathryn Angle ( "Angle "), as an Auditor for Middle Smithfield Township, 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 Statements of Financial Interests
for calendar years 1999 and 2000 with Middle Smithfield Township.
2. This Commission hereby levies one civil penalty against Angle at the rate of
Twenty -Five Dollars ($25.00) per day for each day her Statements of Financial
Interests for calendar years 1999 and 2000 have remained delinquent, for a total
civil penalty of Five - Hundred Dollars ($500.00). Angle is ordered to pay the said
civil penalty in the total amount of $500.00 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. Angle is ordered to file complete and accurate Statements of Financial Interests for
calendar years 1999 and 2000 with Middle Smithfield Township, and to forward
time - stamped copies of the same to the State Ethics Commission for verification
purposes within 30 days of the issuance of this adjudication and 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