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STATE ETHICS COMMISSION
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HARRISBURG, PA 17120-0400
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In Re: Darlene Parker -Thomas, File Docket: 19-017-P
Respondent X-ref: Order No, 641-S
Date Decided: 9/26/19
Date Mailed: 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
file 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 by 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 by the Respondent, and a
hearing was deemed waived. The record is complete. The Findings in this Order are
derived from the Petition for Civil Penalties filed by the Investigative Division.
1. FINDINGS:
I 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 Medical Facility
Records Examiner with the Knnsylvania DeFartment of Human Services, and as
such, Respondent has at all times relevant o these proceedings been a "public
employee' as defined in Section 1102 of the Ethics Act, 65 PaZ.S, § 1102.
3. Respondent as a of the
employee is subject to the Statement of Financial Interests
filing provisions o 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 b May 1 of 2018,
and Rewondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 a.C.S. §§ 1104, 1105.
5. By Notice letter dated November 27, 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
b� 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 refused to file a Statement of Financial Interests for calendar year 2017 so as to
comply with the specific requirements of the Ethics Act.
Parker -Thomas, 19-017-P
Pa—U —eT---
By Notice letter dated March 15, 2019 Respondent was served with Notice in
accordance with Section 1107(5) of the f thics 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
by firing 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.
Section 1109(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. § 1109(f).
For each violation the Commission finds, Respondent is subject to civil penalty
liability under Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109(f), at rate of not
more than $25.00 er day for each day the Statement of Financial Interests remains
delinquent or =icient, for a maximum civil penalty of $250.00 per violation.
Because Respondent has committed one violation alle8ed 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.
111. DISCUSSION:
As a Medical Facility Records Examiner for the Pennsylvania Department of Human
Services ' s ("Parker -Thomas")
all Imes
of Human Services"), Darlene Parker -Thomas
wasatal relevant to these proceedings a "public employee" sub ectto the provisions
r
of the Public Official and Employee Ethics Act ('Ethics Act), 65 PaVS. § 1101 et §.gq.
Pursuant to Section 1104(a of the Ethics Art, Parker -Thomas was specifically
required to file a Statement of &ancial Interests for calendar year 2017 with the
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
Parkeir-Thomas, 19-017-P
Page 3
statement of financial interests for the preceding calendar year with the
i
department, agency, body or bureau n 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 Parker -Thomas as a Medical Facility
Records Examiner for the Department of Human Services 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.
An application of Section 11 09(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penalty against Parker -Thomas 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. Parker -Thomas did not remedy the failure to comply with the Ethics Act afthouEh
given more than the usual grace period following Notice in which to do so. T e
rivestigative Division then instituted formal proceedings against Parker -Thomas by filing
with the State Ethics Commission and serving upon Parker -Thomas a Petition for Civil
Penalties. The Commission Chair issued an Order to Show Cause, ordering Parker -
Thomas to show cause why a civil penalty should not be levied against her. Parker -
Thomas did not file an answer to the irder to Show Cause. There is nothing of record that
would constitute a defense or excuse for Parker -Thomas' failure to comply with the Ethics
Act. Parker -Thomas has failed to show cause why a civil penalty should not be levied
against her in this matter.
We find that Parker -Thomas, as a Medical Facility Records Examiner for the
Department of Human Services, failed to comply with Section 11 04ja) of the Ethics Act, 65
Pa.C.S. "- 11 04(a), when she failed to file a Statement of Financia Interests for calendar
year 201with the Department of Human Services.
We hereby levy one maximum civil penalty against Parker -Thomas at the rate of
Twenty -Five Dollars ($25.00).per day for each day her Statement of Financial Interests for
calendar year 2017 has remained delinquent. Given the number of days during which the
Parker -Thomas, 19-017-P
Page 4
Statement of Financial Interests has remained delinquent, the resultant amount to be levied
against Parker -Thomas is Two Hundred and Fifty Dollars ($250.00).
Parker -Thomas shall be ordered to make payment of the above civil penalty in the
amount of $25U0 by no later than the thirtieth (30th) 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.
Parker -Thomas shall be ordered to file a complete and accurate Statement of
Financial Interests for calendar year 2017 with the Department of Human Services by no
later than the thirtieth (30th) day after the mailing date of this adjudication and Order, with
one copy forwarded to this Commission for compliance verification purposes.
111111. CONCLUSIONS OF LAW:
1. Darlene Parker -Thomas ("Parker -Thomas"), as a Medical Facility Records Examiner
for the Pennsylvania Department of Human Services, was at all times relevant to
these proceedings a "public employee"' sub ect to theerovisions of the Public Official
and Employee Ethics Act ("Ethics Act'_ Pa.C.%' 1101 et seg.
2. Parker -Thomas, as a Medical Facility Records Examiner for the Pennsylvania
Department of Human Services, failed to comply with Section 1104(a) of the Ethics
Act, 65 Pa.C.S. § 1104(a), when she failed to Ilea Statement of Financial Interests
for calendar year 2017 with the Pennsylvania Department of Human Services.
3, Notice of the delin uency of Parker -Thomas' Statement of Financial Interests for
calendar year 20 Was previously served u on her in accordance with Section
1107(5) of the Ethics Act,
65 Pa.C.S. § 1107(�).
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: Darlene Parker -Thomas,
Respondent
File Docket: 19-017-P
Date Decided: 9/26/19
Date Mailed: 10/17/19
ORDER NO. 641-S
Darlene Parker -Thomas ("Parker -Thomas"), as a Medical Facility Records Examiner
for the Pennsylvania Department of Human Services, failed to comply with Section
11 04(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
11 04(a), when she failed to file a Statement of Financial Interests for calendar year
2017 with the Pennsylvania Department of Human Services.
This Commission hereby levies one maximum civil penalty against Parker -Thomas
at the rate of Twenty -Five Dollars ($25.00 per day for each day her Statement of
Financial Interests for calendar year 2017 as remained delinquent, for a total civil
penalty of Two Hundred and Fifty Dollars ($250.0%. Parker -Thomas is ordered to
, said civil penalty in the totalamount of $250. 0 by no later than the thirtieth
th day after 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.
Parker -Thomas 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 (301h) day after the mailing date of this Order,
with one copy forwarded to the Pennsylvania State Ethics Commission for
compliance verification purposes.
Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an
appropriate enforcement action.
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