HomeMy WebLinkAbout631-S RandlemanPHONE: 717-783-1610 STATE ETHICS COMMISSION
TOLL FREE: 1-800-932-0936 FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
In Re: Teresa Randleman, File Docket: 18-060-P
Respondent Date Decided: 9/26/19
Date Issued: 10/11/19
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Michael A. Schwartz
Shelley Y. Simms
ORDER OF THE COMMISSION
FACSIMILE; 717-787-0806
WEBSITE: www.e(hi4js.r)a,aoY
WHEREAS on May 14, 2019, this Commission issued Order No. 631-S levying
upon Teresa Randleman a civil penalty in the total amount of $250.00 and ordedn her to
file a complete and accurate Statement of Financial Interests for calendar year 2076; and
WHEREAS, Order No. 631-S was returned to the Commission offices as not
deliverable; and
WHEREAS, on July 16, 2019, the Investigative Division of this Commission
Investigative Division") filed a Motion to Vacate Adjudication indicating that Teresa
andleman is deceased and that she passed away prior to the issuance of Order No. 631 -
S; and
WHEREAS, the Investigative Division requests that Order No. 631-S be vacated;
and
WHEREAS, the Investigative Division requests that Order No. 631-S be removed
from the Commission's website and/or online electronic library or alternatively that a letter
or additional Order be placed preceding the online link announcing that Order No. 631 -S
has been vacated.
WHEREFORE, upon review, we determine that Order No. 631-Sshould be vacated.
THEREFORE, based upon a review and analysis and after due consideration, it is
ordered that:
1. The Investigative Division's Motion to Vacate Adjudication is granted.
2. Order No. 631-S is vacated.
3. Given that Order No. 631-S was previously released publicly, Commission
staff is directed as follows:
a. A notation shall be added on vacated Order No. 631 -S as it appears in
this Commission's e-library, indicating that the Order has been
vacated.
b. A copy of this Order shall be placed in the Commission's e-library
together with vacated Order No. 631 -S.
Randleman, 18-060-P
Page 2
C. An administrative notice with a copy of this Order attached shall be
included in the next quarterly distribution, apprising that Order No.
631-S has been vacated and suggesting that a cop of the
administrative notice be appended to any and all copies oNacated
Order No. 631-S.
d. As a public record, co0es of this Order shall be made available under
the Pennsylvania Right -to -Know Law,
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PHONE: 717-783-1610
TOLL FREE: 1-800-932-0936
In Re: Teresa Randleman,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
X-ref:
Date Decided
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.12a.gov
18-060-P
Order No. 631-S
517119
5/14119
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Monique Myatt Galloway
Michael A. Schwartz
Shelley Y. Simms
This is a final adjudication of the Pennsylvania 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 filin.9 with the State Ethics
Pe
Commission and serving upon Respondent a Petition for Civil nalties. 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
derived from the Petition for Civil Penalties filed by the Investigative Division.
1. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
[address redacted].
2. At all times relevant to these proceedings, Respondent has been a former Equal
Opportunity Specialist 3 with the Pennsylvania Department of Human Services.
3. In her former capacity as an Equal Opportunity Specialist 3 for the Pennsylvania
Department of Human Services, Respondent was a public employee subject to the
Statement of Financial Interests filing provisions of the Ethics Act,
4. Respondent has failed to provide full financial disclosure as required by the Ethics
Act. Respondent has failed to file a Statement of Financial Interests for calendar
year 2016, which Statement of Financial Interests was to be filed by May 1 of 2017,
and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated October 16, 2017, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act 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 Statement of Financial Interests for calendar
year 2016 within twenty (20 days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2016
so as to comply with the specific requirements of the Ethics Act.
Randleman, 18-060-P
age
By Notice letter dated June 19, 2018, Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act 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 Statement of Financial Interests for calendar
year 2016 within twenty (20 days of the date of the Notice letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2016
so as to comply with the specific requirements of the Ethics Act.
Section 1109(f) of the Ethics Act provides:
§ 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).
For each violation the Commission finds, Respondent is subject to civil penalty
liability under Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109{D, at a rate of not
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 alleged herein, Respondent is
subject to total maximum civil penalty liability of $250.00.
There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $250.00, in that the twenty -day deadline set forth in the
said final Notice letter to Respondent has expired and the Respondent has not
complied.
Ill. DISCUSSION:
In her former capacity as an Equal Opportunity Specialist 3 for the Pennsylvania
Department of Human Services ("Department of Human Services"), Teresa Randleman
("Randleman") was a "public employee" subject to the provisions of the Public Official and
Employee Ethics Act ('Ethics Act"), 65 Pa.C.S. § 1101 et seg.
Pursuant to Section 1104(a) of the Ethics Act, as a former Equal Opportunity
Specialist 3 for the Department of Human Services, Randleman was specifically required to
file a Statement of Financial Interests for calendar year 2016 with the Department of
Human Services on or before May 1, 2017. 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
Randleman, 18-060-P
ag�9-
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 Randleman as a former Equal Opportunity
Specialist 3 for the Department of Human Services 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 Randleman for the delinquent
Statement of Financial Interests for calendar year 2016.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Randleman did not remedy the failure to comply with the Ethics Act although
given more than the usual .race period following Notice in which to do so. The
Investigative Division then instituted formal proceedings against Randleman by filing with
the State Ethics Commission and serving upon Randleman a Petition for Civil Penalties.
The Commission Chair issued an Order to Show Cause, ordering Randleman to show
cause why a civil penalty should not be levied against her. Randleman did not file an
answer to the Order to Show Cause. There is nothing of record that would constitute a
defense or excuse for Randleman's failure to comply with the Ethics Act. Randleman has
failed to show cause why a civil penalty should not be levied against her in this matter.
We find that Randleman, as a former Equal Opportunity Specialist 3 for the
Department of Human Services, failed to comply with Section 1104(a) of the Ethics Act, 65
Pa.C.S. § 1104(a), when she failed to file a Statement of Financial Interests for calendar
year 2016 with the Department of Human Services.
We hereby levy one maximum civil penalty against Randleman at the rate of
Twenty -Five Dollars ($25.00) per day for each day her Statement of Financial Interests for
calendar year 2016 has remained delinquent. Given the number of days during which the
Randleman, 18-060-P
ag' e 4--
Statement of Financial Interests has remained delinquent, the resultant amount to be
levied against Randleman is Two Hundred and Fifty Dollars ($250.00).
Randleman shall be ordered to make payment of the above civil penalty in the
amount of $250.00 by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order, by forwarding a check to this Commission made payable to the
Commonwealth of Pennsylvania, for deposit in the State Treasury.
Randleman shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2016 with the Department of Human Services by no later than
the thirtieth (30t") day after the mailing date of this adjudication and Order, with one copy
forwarded to this Commission for compliance verification purposes.
III. CONCLUSIONS OF LAW:
1. Teresa Randleman ("Randleman"), in her former capacity as an Equal Opportunity
Specialist 3 for the Pennsylvania Department of Human Services, was a "public
employee" subjct to the provisions of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et seg.
2. Randleman, as a former Equal Opportunity Specialist 3 for the Pennsylvania
Department of Human Services, failed to comply with Section 1104(a) of the Ethics
Act, 65 Pa.C.S. § 1104(a), when she failed to file a Statement of Financial Interests
for calendar year 2016 with the Pennsylvania Department of Human Services.
3. Notice of the delinquency of Randleman's Statement of Financial Interests for
calendar year 2016 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 total
amount of $250.00 is warranted.
In Re: Teresa Randleman, File Docket: 18-060-P
Respondent Date Decided: 517119
Date Mailed: 5/14119
ORDER NO. 631-S
1. Teresa Randleman (`Randleman"), as a former Equal Opportunity Specialist 3 for
the Pennsylvania Department of Human Services, failed to comply with Section
11040 of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
1104�a , when she failed to file a Statement of Financial Interests for calendar year
2016 with the Pennsylvania Department of Human Services.
2. This Commission hereby levies one maximum civil penalty against Randleman at
the rate of Twenty -Five Dollars ($25.00) per day for each day her Statement of
Financial Interests for calendar year 2016 has remained delinquent, for a total civil
penalty of Two Hundred and Fifty Dollars ($250.00). Randleman is ordered to pa
said civil penalty in the total amount of $250.00 by no later than the thirtieth (30th)
day after the mailing date of this Order, by forwarding a check to the Pennsylvania
State Ethics Commission made payable to the Commonwealth of Pennsylvania, for
deposit in the State Treasury.
3. Randleman is ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2016 with the Pennsylvania Department of Human
Services by no later than the thirtieth (30th) day after the mailing date of this Order,
with one copy forwarded to the Pennsylvania State Ethics Commission for
compliance verification purposes.
4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
t
Nicholas A. Colafella, Chair