HomeMy WebLinkAbout221-S JacksonIN RE: William Jackson, Jr.
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
04 -042 -P
Order 221 -S
9/20/04
10/1/04
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
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 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 waived. The parties filed a Stipulation of Findings, which is quoted as the
Findings in this Order. A Consent Agreement was also submitted by the parties to the
Commission for consideration which was subsequently approved.
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).
Jackson, 04 -042 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
7524 Hamilton Avenue, Pittsburgh, PA 15208.
2. At all times relevant to these proceedings, Respondent has been a Constable 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 a Statement of Financial Interests for calendar
year 2002 with the State Ethics Commission, which Statement of Financial Interests
was to be filed by May 1 of 2003, and Respondent has therefore transgressed
Sections 4 and 5 of the Ethics Law, 65 Pa.C.S. § §1104, 1105.
5. By Notice letter dated September 14, 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 an accurate and complete Statement of Financial Interests for calendar
year 2002 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 2002
so as to comply with the specific requirements of the Ethics Law.
6. By Notice letter dated December 15, 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 an accurate and complete Statement of Financial Interests for calendar
year 2002 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 2002
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.
Because Respondent has committed one (1) violation alleged herein, Respondent
is subject to total maximum civil penalty liability of $250.00 for said violation.
Jackson, 04 -042 -P
Page 3
II. DISCUSSION:
As a Constable, William Jackson, Jr. ( "Jackson "), 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, Jackson was specifically required to
file a Statement of Financial Interests for calendar year 2002 with the State Ethics
Commission on or before May 1, 2003. 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 Jackson as a Constable 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 Jackson for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Jackson did not remedy the failure to comply with the Ethics Act although given
Jackson, 04 -042 -P
Page 4
more than the usual grace period following Notice in which to do so.
The Investigative Division then instituted formal proceedings against Jackson by
filing with the State Ethics Commission and serving upon him a Petition for Civil Penalties.
The State Ethics Commission issued an Order to Show Cause, ordering Jackson to show
cause why a civil penalty should not be levied against him.
The parties propose that this case be resolved by: (1) this Commission finding that
Jackson as a Constable, failed to comply with Section 1104 of the Ethics Act, 65 Pa.C.S.
§1104, when he failed to file a Statement of Financial Interests for calendar year 2002; and
(2) Jackson agreeing to make payment in the amount of $100.00 in settlement of this
matter, said amount to be payable to the Commonwealth of Pennsylvania through this
Commission.
We believe that the Consent Agreement is the proper disposition for this case,
based 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 take administrative notice that Jackson has filed a Statement of Financial
Interests with the State Ethics Commission for calendar year 2002 on September 16, 2004.
We hereby find that Jackson, as a Constable, failed to comply with Section 1104 of
the Ethics Act, 65 Pa.C.S. §1104, when he failed to file a Statement of Financial Interests
for calendar year 2002 as a Constable. In that Jackson has filed a Statement of Financial
Interests for calendar year 2002 with the State Ethics Commission, but has failed to make
payment in the amount of $100.00 per the Consent Agreement of the parties, Jackson
shall be ordered to make said $100.00 payment to the Commonwealth of Pennsylvania
through this Commission within 30 days of the issuance of this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. As a Constable, William Jackson, Jr. ( "Jackson ") was at all times relevant to these
proceedings a "public official" subject to the provisions of the Ethics Act, 65
Pa.C.S. §1101 et seq.
2. Jackson, as a Constable, failed to comply with Section 1104 of the Ethics Act, 65
Pa.C.S. §1104, when he failed to file a Statement of Financial Interests with the
State Ethics Commission for calendar year 2002.
3. Notice of the delinquency of Jackson's Statement of Financial Interests for calendar
year 2002 was previously served upon him 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
amount of $100.00 is warranted.
IN RE: William Jackson, Jr.
Respondent
ORDER NO. 221 -S
File Docket: 04 -042 -P
Date Decided: 9/20/04
Date Mailed: 10/1/04
1 William Jackson, Jr. ( "Jackson "), as a Constable, failed to comply with Section 1104
of the Ethics Act, 65 Pa.C.S. §1104, when he failed to file a Statement of Financial
Interests for calendar year 2002.
2. In that Jackson has filed a Statement of Financial Interests with the State Ethics
Commission for the 2002 calendar year, but has failed to make payment in the
amount of $100.00 per the Consent Agreement of the parties, Jackson is directed to
make said $100.00 payment to the Commonwealth of Pennsylvania through this
Commission within 30 days of the issuance of this adjudication and Order.
3. 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