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In Re: Charles Knepp,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRIS BURG, PA 17120-0400
File Docket:
X-ref:
Date Decided
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: vAA&Wiuja arQY
19-031 -P
Order No. 636-S
9/26/19
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 alle?ed
I,
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 §gq.
The Investigative Division initiated these proceedin.9s filing with the State Ethics
Commission and serving upon Respondent a Petition for Civil Penalties. An Order to Show
Cause was issued to Respondent. A StVation of Findings and a Consent Agreement
were subsequently submitted by the pa tes to the Commission for consideration. The
Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement
has been approved.
I. FINDINGS*
1. Respondent Charles Knepp ("Respondent") is an adult individual who resides or
maintains a mailing address at [address redacted].
2. At all times relevant to these roeedin s, Respondent has been an Income
Maintenance Caseworker with PennsylvaniathpecDepartment of Human Services,
and as such, Respondent has at all times relevant to these proceedinr been a
t1public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C. §110Z
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. Respondent failed to time file a Statement of Financial Interests for calendar
year 2017, which Statement oPFinancial Interests was to be filed by May 1, 2018.
Ms I of filed
Ethics Act, 65
nrident has herefore violated Sections 1104 and 1105
Pa S. §§ 1104, 11015.
5. By Notice Letter dated December 17, 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
b6 firingan 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.
By Notice Letter dated April 1, 2019, 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 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,
7. Respondent failed to file a Statement of Financial Interests for calendar year 2017
with the State Ethics Commission by the deadlines imposed in the Notice Letters.
DISCUSSION:
As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services, Charles Knepp ("Knepp") was at all times relevant to these proceedingsa,"Public
emploge" subject to the provisions of the Public Official and Employee Ethics t ("Ethics
Art'), 5F'a.C.S.§1101etseq. See, Qua 986 A.2d 974
ilia v. State Ethics Commission,
(Pa. Cmwlth. 2010), arrid-n-d-6d-b' 2010 Pa. COMM. LEM 6 (Fla. C`mwlth. January 5,
c' Y
2010), allocatur dense607 f a5'08, 4 A.3d 1056 (2010),
Pursuant to Section 11 04(a) of the Ethics Act, Knepp was specifically required to file
a Statement of Financial Interests for calendar yyear 2017 with the Pennsylvania
Department of Human Services on or before May 1, 2018. 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 receding calendar year with the
department, agency, body or bureau in preceding
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 osition. Any other public
employee or public official shall file a statement offinancial 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 Knepp as an Income Maintenance
Caseworker for the Pennsylvania Department of Human Services was re aired to provide
in the Statement of Financial Interests form is statutorily mandated in detailat 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 gb ect to this chapter who fails to file a statement
of financial interests in a lme�y manner or who files a deficient statement of
financial interests, at a rate of not more than $25 for each day such
Kne 19-031-P
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statement remains delinquent or deficient. The maximum penalty payable
under this paragraph is $250.
65 Pa.C.S. § 1109(f).
An application of Section 11 09(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalt against Knepp for the delinquent Statement
of Financial Interests for calendar year 2017
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
Knepp nepp, 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 Knepp by filing
with this Commission and serving upon him a Petition for Civil Penalties, The Commission
Chair issued an Order to Show Cause, ordering Knepp 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
Knepp 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) Knepp 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) Kne�p filing
a complete and accurate Statement of Financial Interests for calendar year 201 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 totalit� of the facts and circumstances. Accordingly, we
approve the Consent Agreement tha has been submitted by the parties.
We hereby find that Knepp, as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, 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 penalty against
Knepp in the total amount of $250.00 f6r Knepp's delinquent Statement of Financial
Interests for calendar year 2017.
To the extent he has not already done so, Knepp shall be ordered to make payment
of the aforesaid civil penalty in the total am( $250.00 by no later than the thirtieth
Q0th) 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 he has not already done so, Knepp shall be ordered to file a complete
and accurate Statement of Financial Interests for calendar ear 2017 with the Pennsylvania
Department of Human Services by no later than the thirtieth (30th) day after the mailin? date
of Tis adjudication and Order, with one copy forwarded to this Commission for compliance
verification purposes.
Ill. CONCLUSIONS OF LAW:
As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services Charles Knepp ( K was at all times relevant to these proceedings a
U public elrriploype" subject to the provisions of the Public Official and Employee
Ethics Act ("Ethics Act ), 65 Pa.C.S. § 1101 et sue.
Kne , 19-031-P
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age 4
2. Knepp, as an Income Maintenance Caseworker for the Pennsylvania Department of
Human Services, failed to timely file a Statement of Financial Interests for the 2017
calendar year in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S, §
11 04(a).
3. Notice of the delinquency of Kne rveTp's Statement of Financial Interests for calendar
year 2017 was previously se upon him in accordance with Section 1107(5) of
�he 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: Charles Knepp, File Docket: 19-031-P
Respondent Date Decided: 9/26/19
Date Mailed: 10/16/19
ORDER NO. 636-S
Charles Knepp ("Knepp"), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, failed to timely file a Statement of
Financial Interests for the 2017 calendar year in compliance with Section 11 04(a) of
the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa-C.S. § 11 04(a).
2. Per the Consent Agreement of thgarties, we hereby levy one civil penaltyagainst
Knepp in the total amount of $250, (0 for Knepp's delinquent Statement of inancial
Interests for calendar year 2017.
3. To the extent he has not already done so, Kne is ordered to make payment of the
aforesaid civil penalty in the total amount o )f
050.00 by no later than the thirtieth
(30(h 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 he has not already. done so, Knepp is ordered to file a complete and
accurate Statement of Financial Interests for calendar year 2017 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 this Commission for
compliance verification 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,
[as A. Colafella,