HomeMy WebLinkAbout193-S BagleyIn Re: Joscelyn Keeve Bagley
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
04 -002 -P
Order No. 193 -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).
Bagley, 04 -002 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
1326 Putnam Boulevard, Wallingford, PA 19086.
2. At all times relevant to these proceedings, Respondent has been a Supervisor of
Student Community Services for Chester Upland School District and as such
Respondent has at all times relevant to these proceedings been a "public official"
[sic] as that term is defined in Section 2 of the Ethics Law, 65 Pa.C.S. §1102.
3. Respondent as a public official [sic] 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 1998 and 1999 with the State Ethics Commission [sic], which Statements of
Financial Interests were to be filed by May 1 of 1999 and 2000, and Respondent
has therefore transgressed Sections 4 and 5 of the Ethics Law, 65 Pa.C.S. § §1104,
1105.
5. By Notice letter dated January 20, 2004, 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
1998 and 1999 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file accurate Statements of Financial Interests for calendar
years 1998 and 1999 so as to comply with the specific requirements of the Ethics
Law. .. .
6. By Notice letter dated April 2, 2004, 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
1998 and 1999 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file accurate Statements of Financial Interests for calendar
years 1998 and 1999 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
Bagley, 04 -002 -P
Page 3
delinquent or deficient, for a maximum civil penalty of $250.00 per violation.
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 a Supervisor of Student Community Services for Chester Upland School District,
Joscelyn Keeve Bagley ( "Bagley ") 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 1104(a) of the Ethics Act, Bagley was specifically required to
file Statements of Financial Interests for calendar years 1998 and 1999 with the Chester
Upland School District on or before May 1, 1999 and May 1, 2000. 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 Bagley as a Supervisor of Student
Community Services for Chester Upland School District 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.
Bagley, 04 -002 -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 Bagley for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Bagley 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 Bagley 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 Bagley to show
cause why a civil penalty should not be levied against her.
Bagley did not file an answer to the Order to Show Cause. There is nothing of
record which would constitute a defense or excuse for Bagley's failure to comply with the
Ethics Act. Bagley has failed to show cause why a civil penalty should not be levied
against her in this matter.
We find that Bagley, as a Supervisor of Student Community Services for Chester
Upland School District, 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 1998
and 1999 with the Chester Upland School District.
We hereby levy one civil penalty against Bagley at the rate of Twenty -Five Dollars
($25.00) per day, for each day her Statements of Financial Interests for calendar years
1998 and 1999 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 Bagley is Five - Hundred Dollars ($500.00).
Bagley 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.
Bagley shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 1999 and 1999 with the Chester Upland School District, 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. Joscelyn Keeve Bagley ( "Bagley "), as a Supervisor of Student Community Services
for Chester Upland School District, 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.
2. Bagley, as a Supervisor of Student Community Services for Chester Upland School
District, 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 1998 and 1999 with the Chester Upland School District.
3. Notice of the delinquency of Bagley's Statements of Financial Interests for calendar
years 1998 and 1999 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
Bagley, 04 -002 -P
Page 5
amount of $500.00 is warranted.
IN RE: Joscelyn Keeve Bagley
Respondent
File Docket: 04 -002 -P
Date Decided: 9/20/04
Date Mailed: 10/1/04
ORDER NO. 193 -S
1 Joscelyn Keeve Bagley ( "Bagley "), as a Supervisor of Student Community Services
for Chester Upland School District, 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 1998 and 1999
with Chester Upland School District.
2. This Commission hereby levies one civil penalty against Bagley at the rate of
Twenty -Five Dollars ($25.00) per day for each day her Statements of Financial
Interests for calendar years 1998 and 1999 have remained delinquent, for a total
civil penalty of Five - Hundred Dollars ($500.00). Bagley 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. Bagley is ordered to file complete and accurate Statements of Financial Interests
for the calendar years 1998 and 1999 with Chester Upland School District, 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