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In Re: William Welter,
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; wMe,tb1c_s.pa.go
19-012-P
Order No. 639-5
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 §,pq.
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 bthe Respondent, and a
hearing was deemed waived. The record is complete. The indings in this Order are
derived from the Petition for Civil Penalties filed by the Investigative Division.
I. FINDINGS:
1 Res ondent is an adult individual who resides or maintains a mailing address at
[adTress redacted].
2. At all times relevant to these proceedings, Respondent has been a
Constable/De wty Constable, and as such, Respondent has at all times relevant to
these proceegings 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 Neuriests for calendar
year 2017, which Statement of Financial Interests was to be filed b May lof2018,
and Res ondent has therefore transgressed Sections 1104 and 1 T05 of the Ethics
Act, 65 K.C.S. §§ 1104, 1105.
5. By Notice letter dated July 11, 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
b6filing an accurate and complete Statement of Financial Interests for calendaryear
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.
By Notice letter dated November 29, 2018, Respondent was served with Notice in
Welter, 19-012-P
Page
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� firingan accurate and complete Statement of Financial Interests for calendaryear
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
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,
em ler' levy a civil penalty upon any person subject
h s chapter who fails to file a statement of financial
inter
ests this
irests 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(f).
For each violation the Commission finds, Respondent is subject to civil penalty
liability under Section 11 09(f) of the Ethics Act, 65 Pa.C.S. § 1109 at a rate of not
more than $25,00 erday for each day the Statement of Financial Interests remains
delinquent or dMicient, for a maximum civil penalty of $250:00 per violation.
Because Respondent has committed one violation alleged herein, Respondent is
subject to total maximum civil penalty liability of $250.00.
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.
11. DISCUSSION:
As a Constable/Deputy Constable, William Welter ("Welter") was at all times relevant
to these proceedings a "public official" subject to the provisions of the Public Official and
Employee Ethics Act ("'Ethics Act"), 65 Pa.C.S. § 1101 et §.gq.
Pursuant to Section 1104(a of the Ethics Act, Welter was sTec1fically required to file
I
a Statement of Financial Interests �or calendar year 2017 with the Mate Ethics Commission
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 1 of each year that he
holds suc., 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
Welter, 19-012-P
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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 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 position.
Persons who are full-time or part-time solicitors for political subdivisions are
required to file under this section.
23AMOMSM101
The complete financial disclosure which Welter as a Constable/Depot 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 charter, 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 $250,
�M
An application of Section 11 09(f) to this case establishes that this Commission has
the discretion to levya maximum civil penalt against Welter for the delinquent Statement
of Financial Interests for calendar year 2017.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Welter did not remedy the failure to comply with the Ethics Act although given
more than the usual grace period following Notice in which to do so. The Investigative
Division then instituted formal proceedings against Welter b filing with the State rt-hics,
Commission and serving upon Welter a Petition for Civil Penalties. he Commission Chair
issued an Order to Show Cause, ordering Welter to show cause whyacivil penalty should
not be levied against him. Welter did not file an answer to the rder to Show Cause.
There is nothing of record that would constitute a defense or excuse for Welter's failure to
comply with the Ethics Act. Welter has failed to show cause why a civil penalty should not
be levied against him in this matter.
We find that Welter, as a Constable/Deputy Constable, failed to GOMPI with Section
11 04(a) of the Ethics Act, 65 Pa. C. S. § 1104 (a), when he failed to file a Statementyof
Financial Interests for calendar year 2017 with this Commission.
Wehereby lev one maximum civil penalty against Welter at the rate of Twenty -Five
Dollars ($' '25,00) per day for each day the Statement of Financial Interests for calendar year
2017 has remained derinquent. Given the number of days during which the Statement of
Financial Interests has remained delinquent, the resultant amount to be levied against
Welter is Two Hundred and Fifty Dollars ($250.00).
Welter shall be ordered to make pa gment of the above civil penalty in the amount of
$250.00 by no later than the thirtieth (30t ) day, after the mailing date of this adjudication
and Order by forwarding a check to this Commission made payable to the Commonwealth
of Pennsylvania, for deposit in the State Treasury,
Welter, 19-01 2-P
Page
Welter shall be ordered to file a complete and accurate Statement of Financial
Interests for calendar year 2017 with this Commission by no later than the thirtieth (30tl)
day after the mailing date of this adjudication and Order.
111. CONCLUSIONS OF LAW:
William Welter ("Welter"), as a Constable/De uty Constable, was at all times
relevant to these proceedings a "public official subject to the provisions of the
Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa, C,S, § 1101 et §eq.
2. Welter, as a Constable/Deputy Constable, failed to comply with Section 11 04(a) of
the Ethics Act, 65 Pa.C.S . § 11 04(a), when he failed to file a Statement of Financial
Interests for calendar year 2017 with the State Ethics Commission.
3. Notice of the delinquency of Welter's Statement of Financial Interests for calendar
year 2017 was previously served upon him in accordance with Section 1107(5) of
the 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* William Welter, File Docket: 19-012-P
Respondent Date Decided: 9/26/19
Date Mailed: 10/17/19
ORDER NO. 639-S
William Welter ("Welter' as a Constable/Deputy Constable, failedto comply with
Section 1104(e '�Iublic Official and Em ployee Ethics Act ("Ethics Act), 65
Pa.C.S. § 110,4M when he failed to file a Statement of Financial Interests for
calendar year 2 1 with the Pennsylvania State Ethics Commission,
This Commission hereby levies one maximum civil penalty against Welter at the rate
of Twenty -Five Dollars ($25.00 per day for each day his Statement of Financial
Interests for calendar year 201 Nas remained delinquent, for a total civil penalty of
Two Hundred and Fifty Dollars �$250. 00). Welter is ordered to pay said civil penalty
in the total amount of $250.0 by no later than the thirtieth (30th)da� after the
mailingdate of this Order by forwarding a check to the Pennsylvania Sate Ethics
Commission made payable to the Commonwealth of Pennsylvania, for deposit in the
State Treasury.
Welter 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.
Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,