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In Re: Kawika Daguio,
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: MMM,eth'
19-011 -P
Order No. 638-S
9/26/19
10/17/19
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 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 seg.
The Investigative Division initiated these proceedings b 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 the Respondent, and a
hearing was deemed waived. The record is complete. The Vindings in this Order are
derived from the Petition for Civil Penalties filed by the Investigative Division.
I. 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
Constable/Deputy uty Constable and as such, Respondent has at all times relevant to
these procee( iings been a "`public official" as defined in Section 1102 of the Ethics
Act, 65 Pa.C.S. §1102.
3. Respondent as a public official is 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 2017, which Statement of Financial Interests was to be filed by May 1 of 2018,
and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated June 12, 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 filingan accurate and complete Statement of Financial Interests for calendar year
2 17 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 2017 so as to
comply with the specific requirements of the Ethics Act.
6. By Notice letter dated November 29, 2018, Respondent was served with Notice in
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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
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 refused to file a Statement of Financial Interests for calendar year 2017 so as to
comply with the specific requirements of the Ethics Act.
Section 11 09(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, § 1 109ft
For each violation the Commission finds, Respondent is sub ect to civil penalty
liability under Section 11 09(f) of the Ethics Act, T'5 Pa.C.S. § 11 t(lf), at a rate of not
more than $25.00 per day for each day the Statement of Financial nterests remains
delinquent or deficient, for a maximum civil penalty of $250.00 per violation.
Because Respondent has committed one violation alre8ed herein, Respondent is
subject to total maximum civil penalty liability of $250.0 .
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.
DISCUSSION:
As a Constable/Deputy Constable, Kawika Daguio Daguio") was at all times
relevant to these proceedings a "public official" subject to provisions of the Public
Official and Employee Ethics Act ('Ethics Act"), 65 Pa.C.S.511 01 et seq.
Pursuant to Section 11 04(a) of the Ethics Act, Da uio was specifically required to file
a Statement of Financial Interests for calendar year 2019 with the State Ethics Commission
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 errif loyee.--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 appointee or elected no later than May 1 of each year that he holds such a
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position and of the year after he leaves such a position. Any other public
employee or public official shall file a statement of firiancial interests with the
g9verning 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 sucha 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 Daguio as a Constable/Deput 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 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,
65 Pa.C.S. § 1109(fl.
An application of Section 11 09(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalt against Daguio 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
satisfied. Daguio 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 Daguio by filing
Twith the State Ethics
Commission and serving upon Daguio a Petition for Civi?Pena ties. he Commission Chair
issued an Order to Show Cause, ordering Daqu io to show cause why
2 civil penalty should
not be levied against him. Daguio did not file an answer to the Order to Show Cause.
There is nothing of record that would constitute a defense or excuse for Daguio's failure to
comply with the Ethics Act. Daguio, has failed to show cause why a civil penalty should not
be levied against him in this matter.
We find that Daguio, 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 a Statement of
Financial Interests for calendar year 2J7 with this Commission.
We hereby levy one maximum civil penalty ayainst Daguio at the rate of Twenty -Five
Dollars ($25.00) per d% for each day the Statement of Financial Interests for calendar year
2017 has remained delinquent. Given the number of days during which the Statement of
Financial Interests has remained delinquent, the resultant amount to be levied against
Daguio is Two Hundred and Fifty Dollars ($250.00).
Daguio shall be ordered to make ient of the above civil penalty in the amount of
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$250.00 by no later than the thirtieth day after the mailing ate o this adjudication
and Order, by forwarding a check to this Commission made payable to the Commonwealth
of Pennsylvania, for deposit in the State Treasury.
Damilo., 19-011-P
Page
DaVo shall be ordered to file a complete and accurate Statement of Financial
c
Interests for calendar year 2017 with this Commission by no later than the thirtieth (30th)
day after the mailing date of this adjudication and Order.
111111. CONCLUSIONS OF LAW:
Kawika Daguio ("Daguio" , as a Constable/Deputy Constable, was at all times
relevant to these procee(lings a "public official' subject to the provisions of the
Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.9. § 1101 et seq.
2. DaguioasaConstable/De uty Constable, failed to comply with Section 1104(a) of
the Ethics Act, 65 Pa.G.S.Tl f04(a when hefail file a Statement of Financial
Interests for calendar year 2017 A, hthe State Ethics Commission.
1 Notice of the delinquency of Daguio's Statement of Financial Interests for calendar
year 2017 was previously served u on him in accordance with Section 1107(5) of
the Ethics Act, 65 Pa,C S. § 11 07(T).
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: Kawika Daguio, File Docket: 19-011-P
Respondent Date Decided: 9/26/19
Date Mailed* 10/17/19
01 Z-41 111 L
1. Kawika Daguio ("Daguio"), as a Constable/Deputy Constable, failed to comply with
Section 11 4(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65
Pa.C.S, § 11104�a), when he failed to file a Statement of Financial Interests for
calendar year 2 17 with the Pennsylvania State Ethics Commission.
2. This Commission hereby levies one maximum civil penalty aainst Daguio at the
rate of Twenty -Five Dollars ($25.00) per day for each day his Statement of Financial
Interests for calendar year 2017 has remained delinquent, for a total civil penalty of
Two Hundred and Fifty Dollars ($250.00). Dac i i ordered to pay said civil enalty
po is or (
in the total amount of $250.00 by no later than the thirtieth (30th) dayafter 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. Daguio is ordered to file a complete and accurate Statement of Financial Interests
for calendar year 2017 with the Pennsylvania State Ethics Commission by no later
than the thirtieth (30th) day after the mailing date of this Order.
4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BTTAE COIT101ISSIO11,
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