HomeMy WebLinkAbout315-S ZIMMERMANIn Re: Edward Zimmerman,
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 -097 -P
Order No. 315 -S
1/9/07
1/23/07
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).
Zimmerman, 06 -097 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
211 Sharon Grange Road, Aliquippa, PA 15001.
2. At all times relevant to these proceedings, Respondent has been a Commissioner
of Hopewell Township 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 Pennsylvania State Ethics Commission [sic], 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 and 1105.
5. By Notice Letter dated December 22, 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.
6. By Notice Letter dated April 27, 2006, 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 [an] accurate and complete Statements [sic] of Financial
Interests for calendar year(s) 2003 so as to comply with the specific requirements of
the Ethics Law.
II. DISCUSSION:
As a Commissioner for Hopewell Township, Edward Zimmerman ( "Zimmerman ")
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, Zimmerman was specifically required
to file a Statement of Financial Interests for calendar year 2003 on or before May 1, 2004.
Parenthetically, it is noted that although the stipulated findings provide that Zimmerman's
Statement of Financial Interests should have been filed with the State Ethics Commission,
pursuant to the Ethics Act and the regulations of the State Ethics Commission, the correct
filing location for Zimmerman's Statement of Financial Interests would have been Hopewell
Township.
Section 1104(a) provides:
§1104. Statement of financial interests required to be filed
(a) Public official or public employee. - -Each public official of the
Zimmerman, 06 -097 -P
Page 3
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 Zimmerman as a Commissioner for
Hopewell Township 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. Zimmerman 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 Zimmerman 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 Zimmerman 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
Zimmerman 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) Zimmerman agreeing to make payment of a civil penalty in the amount of $150 in
settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to
the State Ethics Commission upon signature of the Consent Agreement.
Zimmerman, 06 -097 -P
Page 4
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 Zimmerman filed his Statement of Financial
Interests for calendar year 2003 and made payment of a civil penalty in the amount of
$150 in accordance with the Consent Agreement of the parties on August 9, 2006.
We hereby find that Zimmerman, as a Commissioner for Hopewell Township, 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. In that Zimmerman has made
payment of a civil penalty in the amount of $150 in accordance with the Consent
Agreement of the parties, and has filed a Statement of Financial Interests for calendar year
2003, this case is closed.
III. CONCLUSIONS OF LAW:
1. As a Commissioner for Hopewell Township, Edward Zimmerman ( "Zimmerman ")
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. Zimmerman, as a Commissioner for Hopewell Township, 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 Hopewell Township.
3. Notice of the delinquency of Zimmerman'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 $150 is warranted.
IN RE: Edward Zimmerman,
Respondent
ORDER NO. 315 -S
File Docket: 06 -097 -P
Date Decided: 1/9/07
Date Mailed: 1/23/07
1 Edward Zimmerman ( "Zimmerman "), as a Commissioner for Hopewell Township,
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 Zimmerman has paid a civil penalty in the amount of $150 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, no further action is required in this case and this case is closed.
BY THE COMMISSION,
Louis W. Fryman, Chair