HomeMy WebLinkAbout235-S Newton, M.D.IN RE: E. Douglas Newton, M.D.
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Raquel K. Bergen
Nicholas A. Colafella
05 -009 -P
Order No.: 235 -S
9/12/05
9/21/05
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).
Newton, 05 -009 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
604 Little Creek Road, Evans City, PA 16033.
2. At all times relevant to these proceedings, Respondent has been a Member of the
State Board of Podiatry 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
year(s) 2002 with the State Ethics Commission [and the Governor's Office, Office of
Administration], which Statements of Financial Interests were 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 February 6, 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
year(s) 2002 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar year(s)
2002 so as to comply with the specific requirements of the Ethics Law. . . .
6. By Notice letter dated April 1, 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
year(s) 2002 within twenty (20) days of the date of the Notice letter. Respondent
has failed and refused to file Statements of Financial Interests for calendar year(s)
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
Newton, 05 -009 -P
Page 3
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.
II. DISCUSSION:
As a Member of the State Board of Podiatry, E. Douglas Newton, M.D. ( "Newton ")
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, Newton was specifically required to
file a Statement of Financial Interests for calendar year 2002 on or before May 1, 2003
with the State Ethics Commission and the Governor's Office (Office of Administration).
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 Newton as a Member of the State Board of
Podiatry 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
Newton, 05 -009 -P
Page 4
the discretion to levy a maximum civil penalty against the Respondent for each delinquent
or deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Newton 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 Newton 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 Newton 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
a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
Newton, in his capacity as a Member of the State Board of Podiatry, failed to file a
Statement of Financial Interests for the 2002 calendar year; and (2) Newton agreeing to
make payment in the amount of $100.00 in settlement of this matter, with said amount to
be payable to the Commonwealth of Pennsylvania and paid through this Commission.
We take administrative notice that in furtherance of the Consent Agreement,
Newton has filed his Statement of Financial Interests for the 2002 calendar year with the
State Ethics Commission, which was received on July 11, 2005, and has paid the $100
civil penalty on or about July 6, 2005.
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 hereby find that Newton, as a Member of the State Board of Podiatry, violated
Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when he failed to timely file a
Statement of Financial Interests for calendar year 2002 as a Member of the State Board of
Podiatry. In that Newton has made payment of a civil penalty in the amount of $100.00 in
accordance with the Consent Agreement of the parties, and has filed his Statement of
Financial Interests for calendar year 2002 on July 11, 2005, this case is closed.
III. CONCLUSIONS OF LAW:
1. As a Member of the State Board of Podiatry, E. Douglas Newton, M.D. ( "Newton ")
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. Newton, as a Member of the State Board of Podiatry, violated Section 1104(a) of
the Ethics Act, 65 Pa.C.S. §1104(a), when he failed to timely file a Statement of
Financial Interests for calendar year 2002 with the State Ethics Commission and the
Governor's Office (Office of Administration).
3. Notice of the delinquency of Newton'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: E. Douglas Newton, M.D.
Respondent
ORDER NO. 235 -S
File Docket: 05 -009 -P
Date Decided: 9/12/05
Date Mailed: 9/21/05
1 E. Douglas Newton, M.D. ( "Newton "), as a Member of the State Board of Podiatry,
violated Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when he failed to
timely file a Statement of Financial Interests for calendar year 2002.
2. In that Newton has filed a Statement of Financial Interests for calendar year 2002
on July 11, 2005, and has paid a civil penalty in the amount of $100.00 through this
Commission payable to the Commonwealth of Pennsylvania, no further action is
required in this case and this case is closed.
BY THE COMMISSION,
Louis W. Fryman, Chair