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HomeMy WebLinkAbout256-S MakowskiIN RE: Donald Makowski Respondent 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 Nicholas A. Colafella Reverend Scott Pilarz 06 -025 -P Order: 256 -S 5/31/06 6/12/06 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 Penalties. 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). Makowski, 06 -025 -P Page 2 I. FINDINGS: 1. Respondent is an adult individual who resides or maintains a mailing address at 47 Owendale Avenue, Pittsburgh, PA 15227. 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 1102 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) 2003 with the Pennsylvania State Ethics Commission, which Statements of Financial Interests were to be filed by May 1 of 2004, and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics Law, 65 Pa.C.S. § §1104 and 1105. 5. By Notice Letter dated September 09, 2004, Respondent was served with Notice in accordance with Section 1107(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) 2003 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) 2003 so as to comply with the specific requirements of the Ethics Law. 6. By Notice Letter dated October 22, 2004, Respondent was served with Notice in accordance with Section 1107(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 civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar year(s) 2003 so as to comply with the specific requirements of the Ethics Law. II. DISCUSSION: As a Constable, Donald Makowski ( "Makowski ") 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, Makowski was specifically required to file a Statement of Financial Interests for calendar year 2003 on or before May 1, 2004. 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 Makowski, 06 -025 -P Page 3 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 Makowski 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 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. Makowski 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 Makowski 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 Makowski to show cause why a civil penalty should not be levied against him. The parties propose that this case be resolved by, inter alia,: (1) this Commission finding that Makowski failed to timely file his Statement of Financial Interests for the 2003 calendar year in compliance with Section 1104(a) of the Public Official and Employee Ethics Law; and (2) Makowski agreeing to make payment of a civil penalty in the amount of $100.00 in settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission upon signature of the Consent Agreement. 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 Makowski has filed his Statement of Financial Interests for the 2003 calendar year with the State Ethics Commission on April 17, 2006. Makowski, 06 -025 -P Page 4 We hereby find that Makowski, 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 2003 as a Constable. In that Makowski has filed his Statement of Financial Interests for calendar year 2003 with the State Ethics Commission, but has failed to make payment in the amount of $100.00 per the Consent Agreement of the parties, he is directed to make said $100.00 payment to the Commonwealth of Pennsylvania through this Commission by no later than the thirtieth (30 day after the mailing date of this Order. III. CONCLUSIONS OF LAW: 1. As a Constable, Donald Makowski ( "Makowski ") 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. Makowski, 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 2003 with the State Ethics Commission. 3. Notice of the delinquency of Makowski's Statement of Financial Interests for calendar year 2003 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 is warranted. IN RE: Donald Makowski Respondent ORDER NO. 256 -S File Docket: 06 -025 -P Date Decided: 5/31/06 Date Mailed: 6/12/06 1 Donald Makowski ( "Makowski "), 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 2003. 2. In that Makowski has filed his Statement of Financial Interests for calendar year 2003 with the State Ethics Commission, but has failed to make payment in the amount of $100.00 per the Consent Agreement of the parties, he is directed to make said $100.00 payment to the Commonwealth of Pennsylvania through this Commission by no later than the thirtieth (30 day after the mailing date of this 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