The URL can be used to link to this page

Home My WebLink About632-S HoovertU. PHONE: 717-783-1610 TOLL FREE 1-800-932-0936 In Re: Robert Hoover, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket: X-ref: Date Decided Date Mailed: FACSIMILE: 717-767-0806 WEBSITF: www.ethigs—.,pLa—,go—v 18-040-P Order No. 632-S 9126119 10/16/19 Before- Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission as to the allewed 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 b filing with the State Ethics Commission and serving upon Respondent a Petition for Civil Knalties. An Order to Show Cause was issued to Respondent. A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. 1. Respondent Robert Hoover ("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 Disability Physician Specialist 2 with the Pennsylvania Department of Labor and Industry, and as Such, Respondent has at all times relevant to these proceedings been a "public employee" as defined in Section 1102 of the Ethics Ac, 65 Pa.C.S. § 1102, 3. Respondent, as a public employee, is subject to the Statement of Financial Interests filing provisions of the Ethics Act. 4. Respondent failed to timely provide full financial disclosure as required by the Ethics Act. Res ondent failed to time file a Statement of Financial sts for calendar year 2019, which Statement oPFinancial Interests was to be filed by May 1, 2017. Respondent has therefore violated Sections 1104 and 1105 of filed Ethics Act, 65 Pa.C.S. §§ 1104,1 11105, 5. By Notice Letter dated October 2, 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 trans Said Notice Letter provided ,iression. Respondent an opportunity to avoid the institution of these civil penalty proceedings b6 filing an accurate and complete Statement of Financial Interests for calendar year 2 16 within twenty (20) days of the date of the Notice Letter. Respondent failed and/or otherwise refused to file a Statement of Financial Interests for calendar year 2016 so as to comply with the specific requirements of the Ethics Act. [so I liwr,101- By Notice Letter dated Janua 26 2018, Respondent was served with Notice in accordance with Section 11107%() 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 civil penalty proceedings by filingan accurate and complete Statement of Financial Interests for calendar year 201so as to comply with the specific requirements of the Ethics Act. Respondent filed his Statement of Financial Interests for calendar year 2016 with the 9tate Ethics Commission on April 25, 2019. IL DISCUSSION: As a Disability Physician Specialist 2 for the Pennsylvania Department of Labor and Industry, Robert Hoover ("Hoover') was at all times relevant to these proceedins a "public employee" subject to the provisions of the Public Official and Employe Act I t ics Act'), 65 Pa. C. S. § 1101 et seg. Pursuant to Section 11 04(a) of the Ethics Act, Hoover was specifically required to file a Statement of Financial Interests for calendar year 2016 with the Pennsylvania Department of Labor and Industry on or before May 1, 2017. Section 11 04(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 or 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 compete financial disclosure which Hoover as a Disability P sician Specialist 2 for the Pennsylvania. Defartment of Labor and Industry was required to provide in the Statement of inancial Interests form is statutorily mandated in detail at Section 1105 of the Ethics Act, 65 Pa. C.S. § 1105, Section 11 09(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. Hoover, 18-040-P Page 3 65 Pa.C.S. § 11 09(f). An application of Section 1109(f) to this case establishes that this Commission has the discretion to levya maximum civil penal against Hoover for the delinquent Statement of Financial Interests for calendar year 201tx. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Hoover 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 Hoover byfiling with this Commission and servingupon him a Petition for Civil Penalties. The Commission Chair issued an Order to Show use, ordering Hoover to show cause why a civil penalty should not be levied against him. The parties then filed a Stipulation of Findings and Consent Agreement. The parties propose that this case be resolved by: (1) this Commission finding that Hoover failed to timely file a Statement of Financial Interests for the 2016 calendar year in compliance with Section 11 04(a) of the Ethics Act; and (2) Hoover making payment of a civil penalty in the amount of $250.00 in settlement of this matter by certi ied check or money order payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty days of the issuance of the final adjudication in this matter. We believe that the Consent Agreement sets forth a proper disposition forthis case, based upon our review of the totality of the facts and circumstances. Accordingly, we approve the Consent Agreement thathas been submitted by the parties. We hereby find that Hoover, as a Disability Physician Specialist 2 for the Pennsylvania Department of Labor and Industry, failed to timely file a Statement of Financial Interests for the 2016 calendar year in compliance with Section 11 04(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). Per the Consent Agreement of the parties, we hereby levy one civil penalty against Hoover in the total amount of $250.00 for Hoover's delinquent Statement of Financial Interests for calendar year 2016. To the extent he has not already done so, Hoover shall be ordered to make payment of the aforesaid civil penalty in the total amount of $250.00 by no later than the thirtieth 30th) day after the mailing date of this adjudication and Order, by forwarding to this �'ommission a certified check or money order in the amount of $250.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Ill. CONCLUSIONS OF LAW: 1. As a Disability Physician Specialist 2 for the Pennsylvania Department of Labor and ndustry, Robert Hoover ("Hoover") was at all times relevant to these proceedings a "public employee" subject to the provisions of the Public Official and Employee Ethics Art ("Ethics Act ), 65 Pa.C.S. § 1101 et seq. 2. Hoover, as a Disability Physician Specialist 2 for the Pennsylvania Department of Labor and Industry,. failed to timely file a Statement of Financial Interests for the 2016 calendar year in compliance with Section 11 04(a) of the Ethics Act, 65 Pa.C.S. § 11 04(a). 3. Notice of the delinquency of Hoover's Statement of Financial Interests for calendar year 2016 was previous served upon him in accordance with Section 1107(5) of the Ethics Act, 65 Pa.C.S. § 1107(5). Hoover, 18-Q40-P Based upon the totality of the circumstances in this case, a civil penalty in the total amount of $250 . 00 is warranted. In Re: Robert Hoover, File Docket: 18-040-P Respondent Date Decided: 9/26/19 Date Mailed: 10/16/19 i 1 Robert Hoover ("Hoover"), as a Disabil Physician hysician Specialist 2 for the Pennsylvania Department of 'Labor and Industry,. fai ed to timely file a Statement of Financial Interests for the 2016 calendar year in compliance with Section 11 04(a ofthe Public Official and Employee Ethics Act ("Ethics ct"), 65 Pa.C.S. § 2. Per the Consent Agreement of the parties, we hereby levy one civil penalty against Hoover in the total amount of $250.00 for Hoover's delinquent Statement of Financial Interests for calendar year 2016. 1 To the extent he has not already done so, Hoover is ordered to make payment of the aforesaid civil penalty in the total amount of $250.00 no later than the thirtieth (301h) day after the mailing date of this Order, by forwarlinq to this Commission a certified check or money order in the amount of $250.00- made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. 4. Failure to comply with Paragraph 3 of this Order will result in the initiation of an appropriate enforcement action. BT TAE COIT-WiTSSIOR,