HomeMy WebLinkAbout307-S PernaIn Re: Anthony L. Perna,
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
06 -075 -P
Order No. 307 -S
10/4/2006
10/20/2006
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 deemed waived. The record is complete. The Findings in this Order are
quoted from the Petition for Civil Penalties 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).
Perna, 06 -075 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at 24
Johnson Avenue, Uniontown, PA 15401.
2. At all times relevant to these proceedings, Respondent has been a Member of the
Fayette County Board of Assistance 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 [a] Statements [sic] of Financial Interests for
calendar year(s) 2003 with the Fayette County Board of Assistance and the
Pennsylvania State Ethics Commission, which Statements [sic] of Financial
Interests were [sic] 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, 1105.
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 [an] accurate and complete Statements [sic] 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 [a] Statements [sic] 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 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 these civil penalty
proceedings by filing [an] accurate and complete Statements [sic] 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 [a] Statements [sic] of Financial
Interests for calendar year(s) 2003 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
Perna, 06 -075 -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 violation(s) alleged herein, Respondent is
subject to total maximum civil penalty liability of $250.00 for said violation(s).
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 Member of the Fayette County Board of Assistance, Anthony L. Perna
( "Perna ") 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, Perna was specifically required to file
a Statement of Financial Interests for calendar year 2003 with the Fayette County Board of
Assistance and the State Ethics Commission 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
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 Perna as a Member of the Fayette County
Board of Assistance 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
Perna, 06 -075 -P
Page 4
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 Perna for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Perna 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 Perna by filing
with the State Ethics Commission and serving upon Perna a Petition for Civil Penalties.
The State Ethics Commission issued an Order to Show Cause, ordering Perna to show
cause why a civil penalty should not be levied against him.
Perna did not file an answer to the Order to Show Cause. There is nothing of
record that would constitute a defense or excuse for Perna's failure to comply with the
Ethics Act. Perna has failed to show cause why a civil penalty should not be levied against
him in this matter.
We find that Perna, as a Member of the Fayette County Board of Assistance, failed
to comply with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when he failed to
file a Statement of Financial Interests for calendar year 2003 with the State Ethics
Commission.
We hereby levy one civil penalty against Perna at the rate of Twenty -Five Dollars
($25.00) per day, for each day his Statement of Financial Interests for calendar year 2003
remained delinquent. Given the number of days during which the Statement of Financial
Interests remained delinquent, the resultant amount to be levied against Perna is Two -
Hundred and Fifty Dollars ($250.00).
Perna shall be ordered to make payment of the above civil penalty in the amount of
$250.00 by no later than the thirtieth (30) day after the mailing date of this Order, by
forwarding a check to this Commission made payable to the Commonwealth of
Pennsylvania, for deposit in the State Treasury.
Perna shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2003 with the Fayette County Board of Assistance and the
State Ethics Commission within 30 days of the issuance of this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. Anthony L. Perna ( "Perna "), as a Member of the Fayette County Board of
Assistance, 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.
2. Perna, as a Member of the Fayette County Board of Assistance, failed to comply
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. §1104(a), when he failed to file a
Statement of Financial Interests for calendar year 2003 with the Fayette County
Board of Assistance and the State Ethics Commission.
3. Notice of the delinquency of Perna's Statement of Financial Interests for calendar
year 2003 was previously served upon him in accordance with Section 1107(5) of
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Page 5
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
amount of $250 is warranted.
IN RE: Anthony L. Perna,
Respondent
ORDER NO. 307 -S
File Docket: 06 -075 -P
Date Decided: 10/4/2006
Date Mailed: 10/20/2006
1 Anthony L. Perna ( "Perna "), as a Member of the Fayette County Board of
Assistance, failed to comply with Section 1104(a) of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §1104(a), when he failed to file a
Statement of Financial Interests for calendar year 2003 with the Fayette County
Board of Assistance and the State Ethics Commission.
2. This Commission hereby levies one civil penalty against Perna at the rate of
Twenty -Five Dollars ($25.00) per day for each day his Statement of Financial
Interests for calendar year 2003 has remained delinquent, for a total civil penalty of
Two - Hundred and Fifty Dollars ($250.00). Perna is ordered to pay the said civil
penalty in the total amount of $250 by no later than the thirtieth (30 day after the
mailing date of this Order, by forwarding a check to this Commission made payable
to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
3. Perna is ordered to file a complete and accurate Statement of Financial Interests for
calendar year 2003 with the Fayette County Board of Assistance and the State
Ethics Commission within thirty (30) days of the issuance of this 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