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HomeMy WebLinkAbout272-S BricklinIN RE: Patricia Bricklin, 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 -052 -P Order No.: 272 -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). Bricklin, 06 -052 -P Page 2 I. FINDINGS: 1. Respondent is an adult individual who resides or maintains a mailing address at 470 General Washington Road, Wayne, PA 19087. 2. At all times relevant to these proceedings, Respondent has been a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology 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. No Statement of Financial Interests was on file for Respondent as required by the Ethics Law for calendar year 2003 with the Pennsylvania State Ethics Commission, which Statements of Financial Interests were to be filed by May 1 of 2004. 5. By Notice Letter dated December 29, 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. 6. By Notice Letter dated March 4, 2005, 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 Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology, Patricia Bricklin ( "Bricklin ") 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, Bricklin 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 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 Bricklin, 06 -052 -P Page 3 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 Bricklin as a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology 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. Bricklin 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 Bricklin 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 Bricklin to show cause why a civil penalty should not be levied against her. The parties propose that this case be resolved by, inter alia: (1) this Commission finding that no Statement of Financial Interests is on file with the Pennsylvania Drug, Device, and Cosmetic Board, or the State Board of Psychology for Patricia M. Bricklin, for the 2003 calendar year, in compliance with Section 1104(a) of the Public Official and Employee Ethics Law; and (2) Bricklin 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 Bricklin 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 a Statement of Financial Interests for calendar year 2003 with the State Ethics Bricklin, 06 -052 -P Page 4 Commission on May 2, 2006. We hereby find that Bricklin, as a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology, failed to comply with Section 1104 of the Ethics Act, 65 Pa.C.S. §1104, when she failed to file a Statement of Financial Interests for calendar year 2003 as a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology. In that Bricklin has made payment of a civil penalty in the amount of $100 in accordance with the Consent Agreement of the parties, and has filed her Statement of Financial Interests for calendar year 2003, this case is closed. III. CONCLUSIONS OF LAW: 1. As a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology , Patricia Bricklin ( "Bricklin ") 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. Bricklin, as a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology, failed to comply with Section 1104 of the Ethics Act, 65 Pa.C.S. §1104, when she failed to file a Statement of Financial Interests for calendar year 2003 as a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology. 3. Notice of the delinquency of Bricklin's Statement of Financial Interests for calendar year 2003 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 amount of $100 is warranted. IN RE: Patricia Bricklin, Respondent File Docket: 06 -052 -P Date Decided: 5/31/06 Date Mailed: 6/12/06 ORDER NO. 272 -S 1 Patricia Bricklin ( "Bricklin "), as a Member of the Pennsylvania Drug, Device and Cosmetic Board and the State Board of Psychology, failed to comply with Section 1104 of the Ethics Act, 65 Pa.C.S. §1104, when she failed to file a Statement of Financial Interests for calendar year 2003. 2. In that Bricklin has paid a civil penalty in the amount of $100.00 through this Commission to the Commonwealth of Pennsylvania as per the Consent Agreement of the parties, and has filed a Statement of Financial Interests for calendar year 2003 with the State Ethics Commission, no further action is required in this case and this case is closed. BY THE COMMISSION, Louis W. Fryman, Chair