HomeMy WebLinkAbout334-S ROBBINSIn Re: William Robbins
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 -121 -P
Order No. 334 -S
3/28/07
4/11/07
This is a final adjudication of the State Ethics Commission as to the alleged
delinquency and /or deficiency of Statements 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).
Robbins, 06 -121 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
327 Evans Ct., Scranton, PA 18509 -1709.
2. At all times relevant to these proceedings, Respondent has been a Constable/
Deputy Constable 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) 2004 and 2005 with the Pennsylvania State Ethics Commission, which
Statements of Financial Interests were to be filed by May 1 of 2005 and 2006, and
Respondent has therefore transgressed Sections 4 and 5 of the Ethics Law, 65
Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated May 5, 2006, 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) 2004 and 2005 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) 2004 and 2005 so as to comply with the specific requirements of
the Ethics Law.
6. By Notice letter dated September 6, 2006, 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) 2004 and 2005 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) 2004 and 2005 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
Robbins, 06 -121 -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 two violation(s) alleged herein, Respondent is
subject to total maximum civil penalty liability of $500.00 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 Constable /Deputy Constable, William Robbins ( "Robbins ") 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, Robbins was specifically required to
file Statements of Financial Interests for calendar years 2004 and 2005 with the State
Ethics Commission on or before May 1, 2005 and May 1, 2006. 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 Robbins as a Constable /Deputy 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
Robbins, 06 -121 -P
Page 4
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 Robbins for each delinquent or
deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Robbins 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 Robbins by
filing with the State Ethics Commission and serving upon Robbins a Petition for Civil
Penalties. The Commission Chair issued an Order to Show Cause, ordering Robbins to
show cause why civil penalties should not be levied against him.
Robbins did not file an answer to the Order to Show Cause. There is nothing of
record that would constitute a defense or excuse for Robbins' failure to comply with the
Ethics Act. Robbins has failed to show cause why civil penalties should not be levied
against him in this matter.
We find that Robbins, as a Constable /Deputy Constable, failed to comply with
Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file Statements
of Financial Interests for calendar years 2004 and 2005 with the State Ethics Commission.
We hereby levy two civil penalties against Robbins, each at the rate of Twenty -Five
Dollars ($25.00) per day, for each day his Statements of Financial Interests for calendar
years 2004 and 2005 have remained delinquent. Given the number of days during which
the Statements of Financial Interests have remained delinquent, the resultant total amount
to be levied against Robbins is Five - Hundred Dollars ($500.00).
Robbins shall be ordered to make payment of the above civil penalties in the
amount of $500.00 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.
Robbins shall be ordered to file complete and accurate Statements of Financial
Interests for calendar years 2004 and 2005 with the State Ethics Commission within 30
days of the issuance of this adjudication and Order.
III. CONCLUSIONS OF LAW:
1. William Robbins ( "Robbins "), as a Constable /Deputy Constable, 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. Robbins, as a Constable /Deputy Constable, failed to comply with Section 1104(a) of
the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to file Statements of Financial
Interests for calendar years 2004 and 2005 with the State Ethics Commission.
3. Notice of the delinquency of Robbins' Statements of Financial Interests for calendar
years 2004 and 2005 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, civil penalties in the total
amount of $500.00 are warranted.
Robbins, 06 -121 -P
Page 5
IN RE: William Robbins
Respondent
File Docket: 06 -121 -P
Date Decided: 3/28/07
Date Mailed: 4/11/07
ORDER NO. 334 -S
1 William Robbins ( "Robbins "), as a Constable /Deputy Constable, 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 Statements of Financial Interests for
calendar years 2004 and 2005 with the State Ethics Commission.
2. This Commission hereby levies two civil penalties against Robbins, each at the rate
of Twenty -Five Dollars ($25.00) per day for each day his Statements of Financial
Interests for calendar years 2004 and 2005 have remained delinquent, for total civil
penalty liability in the amount of Five Hundred Dollars ($500.00). Robbins is
ordered to pay the sgid civil penalties in the total amount of $500.00 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.
3. Robbins is ordered to file complete and accurate Statements of Financial Interests
for calendar years 2004 and 2005 with the State Ethics Commission within 30 days
of 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