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STATE ETHICS COMMISSION
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In Re: Susan Jane Jackson, File Docket: 19-003-P
Respondent X-ref: Order No. 633-5
Date Decided: 9126/19
Date Mailed: 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 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 filing with the State Ethics
Commission and serving upon Respondent a Petition for Civil "Renalties. 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. FINDINGS:
1 Respondent Susan Jane Jackson Respondent") is an adult individual who resides
or maintains a mailing ad €address'redacted].
2. At all times relevant to these proceed in s, Respondent has been an Unemployment
Compensation Claims Examiner with Pennsylvania Department of Labor and
Industry, and as such, Respondent has at all times relevant to these roceedings
been a 'public employee" as defined in Section 1102 of the Ethics Act, 95 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 Interests for calendar
year 20U, which Statement timely
Interests was to be filed by May 1, 2018.
Re,tnondent has (Statement
violated Sections 1104 and 1105 of filed
Ethics Act, 65
Pa.6.S. §§ 1104, 111105.
5. By Notice Letter dated September 12, 2018, Respondent was served with Notice in
accordance with Section f1l 07(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
b� filing an accurate and complete Statement of Financial Interests for calendar year
2017 within twenty (20) days of the date of the Notice Letter. Respondent has failed
and/or otherwise refused to file a Statement of Financial Interests for calendar year
2017 so as to comply with the specific requirements of the Ethics Act.
Jackson, 19-0�03-P
Page 2
6. By Notice Letter dated October 10, 2018 Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the secific allegations against
Respondent concerning the above transgression. SaidNotice Letter provided
Respondent an opportunity to avoid the institution of civil penalty proceedings by
filin an accurate and complete Statement of Financial Interests for calendar year
201� so as to comply with the specific requirements of the Ethics Act,
Respondent failed to file her Statement of Financial Interests for calendar year 2017
with the State Ethics Commission by the deadlines imposed in the Notice Letters.
11. DISCUSSION:
As an Unemployment Compensation Claims Examiner for the Pennylvania
Department of Labor and Industry, Susan Jane Jackson ("Jackson") was at al times
relevant to these proceedings a "public employee,,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, Jackson was specifically required to
file a Statement of Financial Interests for calendar year 2017 with the knnsylvania
Department of Labor and Industry on or before May 1, 2018. 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 I of each year that he
holds such l 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 Jackson as an Unemployment
Compensation Claims Examiner for the Pennsylvania Department of Labor an Industry
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 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 sub'ect to this chapter who fails to file a statement
of financial interests in a timeiy 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
Jackson, 19-003-P
—alpg—e- F
under this paragraph is $250.
65 Pa.C.S. § 11 09ft
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levya maximum civil penalty against Jackson for the delinquent Statement
of Financial Interests for calendar year 2017.
The prerequisite service of a Notice letter in accordance with Section 1107 wassatisfied. Jackson did not remedy
the failure to comply with the Ethics Act althoug given
more than the usual grace period following Notice in which to do so.
The Investigative Division then instituted formal proceedings against Jackson by
filing with this Commission and serving upon her a Nfor or Civil Penalties. The
Commission Chair issued an Order to Show Cause, ordering Jackson to show cause why a
civil penalty should not be levied against her. 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
Jackson failed to timely file a Statement of Financial Interests for the 2017 calendar year in
compliance with Section 11 04(a) of the Ethics Act; (2) Jackson making payment of a civil
penalty in the amount of $250.00 in settlement of this matter by certified 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; and (3) Jackson
filing a complete and accurate Statement of Financial Interests for calendar year 2017
within thirty days of the issuance of the final adjudication in this matter.
We believe that the Consent Agreement sets forth a proper disposition for this 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 Jackson, as an Unemployment Compensation Claims Examiner
for the Pennsylvania Department of Labor and Industry, failed to timely file a Statement of
Financial Interests for the 2017 calendar year in compliance with Section 11 04(a) of the
Ethics Act, 65 Pa.C.S. § 11 04(a).
Per the Consent Agreement of the parties, we hereby levy one civil penaltyagainst
Jackson in the total amount of $250.00 for Jackson's delinquent Statement of inancial
Interests for calendar year 2017.
To the extent she has not already done so, Jackson 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
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.
To the extent she has not already done so, Jackson shall be ordered to file a
complete and accurate Statement of Financial Interests for calendar year 2017 with the
Pennsylvania Department of Labor and Industry no later than the thirtieth (301h)day after
the mailing date of this adjudication and rcer, with one copy forwarded to this
Commission for compliance verification purposes.
111111. CONCLUSIONS OF LAW:
1. As an Unemplovment Compensation Claims Examiner for the Pennsylvania
Department of Labor and Industry, Susan Jane Jackson ("Jackson") was atall times
relevant to these proceedings a 'public employee" subject to the provisions of the
Public OfficialEmployee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
Jackson, 19-003-P
Page 4
2. Jackson, as an Unemployment Compensation Claims Examiner for the
Pennsylvania Department of Labor and Industry, failed to timely file a Statement of
Financial Interests for the 2017 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 Jackson's Statement of Financial Interests for calendar
year 2017 was previously served upon her in accordance with Section 1107(5) of
he Ethics Act, 65 Pa,C.S. § 11 07(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: Susan Jane Jackson,
Respondent
File Docket, 19-003-P
Date Decided: 9/26/19
Date Mailed: 10/16119
1 Susan Jane Jackson (`Jackson"), as an Unemployment Compensation Claims
Examiner for the Pennsylvania Department of Labor and Industry, failed to timely file
a Statement of Financial Interests for the 2017 calendar year in compliance with
Section 1104(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65
P&C.S. § 1104(a).
2. Per the Consent Agreement of the parties, we hereby levy one civil penalty against
Jackson in the total amount of $250.00 for Jackson's delinquent Statement of
Financial Interests for calendar year 2017,
3. To the extent she has not already done so, Jackson is 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 Order, by forwarding 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. To the extent she has not already done so, Jackson is ordered to file a complete
and accurate Statement of Financial Interests for calendar year 2017 with the
Pennsylvania Department of Labor and Industry by no later than the thirtieth(30th)
day after the mailing date of this Order, with one copy forwarded to this Commission
for compliance veriTication purposes.
5. Failure to comply with Paragraph 3 or 4 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,