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HomeMy WebLinkAbout638-S, DaguioPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 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 DaLigul'O 19-011-P as T P a 7e 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 Da ' 19�-011-P agge 3' gu'c R 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 3v IT, qm $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, 4