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HomeMy WebLinkAbout642-S, JonesPHONE: 717-783-1610 TOLL FREE: 1-800-932.0936 In Re: Joshua Jones, 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: 19-019-P Order No. 642-5 9/26119 10/17/19 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanieyanie DePalma Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the Pennsylvania State Ethics Commission as to the alleged delin uency and/or deficiency of Statement(s) of Financial Interests required to be filed pursuarIl 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 filing with the State Ethics Commission and serving upon Respondent a Petition for CivillRenalties. 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 Findirisin 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 an Assistant Highway Maintenance Manaer with the Pennsylvania Department of Transportation, and as such, Respondent has at all times relevant to these proceedings been a "public employee" as defined in Section 1102 of the Ethics Act, 5 Pa.C.S. § 1102. 3. Respondent as a f ublic employee is subject to the Statement of Financial Interests filing provisions oche 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 Res ondent has therefore transgressed Sections 1104 and 1105 of the Ethics Act, 65 K.C.S. §§ 1104, 1105, 5. By Notice letter dated November 13, 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 year2017 so as to comply with the specific requirements of the Ethics Act, Jones 19-019-P f Fa rW� By Notice letter dated January 22, 2019, Respondent was served with Notice in accordance with Section 1107(5) of the Ethics Xct of the specific allegations against Respondent concerning the above transgression. Said Notice PEetter provided Respondent an opportunity to avoid the institution of these civil penalty proceedings b� filingan 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 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. § 1109ft For each violation the Commission finds, Respondent is subject to civil penalty liabilityunder Section 11 09(f) of the Ethics Act, TV5. Pa.C.S.. § 1109p, at a rate of not more Ihan $25.00 per day for each day the Statement of Financial Interests remains delinquent or deficient, for a maximum civil penalty of $250.00 per violation. Because Respondent has committed one violation alle ed herein, Respondent is subject to total maximum civil penalty liability of $250.09. 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. III. DISCUSSION: As an Assistant Highway Maintenance Managerfor the Pennsylvania Department of Transportation ("Department of Transportation"), Joshua Jones ("Jones") was at all times relevant to these proceedings a "public employee I) subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. Pursuant to Section 11 04(a) of the Ethics Act, Jones was specifically required to file a Statement of Financial Interests for calendar year 2017 with the Department of Transportation 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 Jones, 19-019-P P —ag—e 3 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 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. 2 a in LIM12 E Me, M The complete financial disclosure which Jones as an Assistant Highway Maintenance Manager for the Department of Transportation 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 $250. 65 Pa.C.S. § 1109ft An application of Section 11 09(f) to this case establishes that this Commission has the discretion to levy a maximum civil penalty against Jones for the delinquent Statement of Financial Interests for calendar year 2017. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Jones did not remedy the failure to comply with the Ethics Act although given more than the usual grace period following Notice in which to do so. The Investi ative Division then instituted formal proceedings against Jones by filing with the State Rthics Commission and serving upon Jones a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, orderinp Jones to show cause a civil penalty should OS not be levied against him. Jones did not file an answer to the Order how Cause. There is nothing of record that would constitute a defense or excuse for Jones' failure to comply with the ethics Act. Jones has failed to show cause why a civil penalty should not be levied against him in this matter. We find that Jones, as an Assistant Highway Maintenance Manager for the Department of Transportation, failed to comply wigSection 11 04(a) of the Ethics Act, 65 Pa C S. � 1 104,�a), when he failed to file a Statement of Financial Interests for calendar year 201 with tie Department of Transportation. Wehereby lev one maximum civil penalty against Jones at the rate of Twenty -Five Dollars ($' 25.00) per Z% for each day his Statement of Financial Interests for calendar year 2017 has remained delinquent. Given the number of days during which the Statement of Jones, 19-019-P P—ag—e 4 Financial Interests has remained delinquent, the resultant amount to be levied against Jones is Two Hundred and Fifty Dollars ($250.00). Jones shall be ordered to make Pament of the above civil penalty in the amount of $250.00 by no later than the thirtieth (W5) day after the mailing date 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. Jones shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 2017 with the Department of Transportation 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. 111. CONCLUSIONS OF LAW: 1 Joshua Jones ("Jones"), as an Assistant Highway Maintenance Manager for the Pennsylvania Department of Transportation, was at all times relevant to these goceedings a " blic employee" sub ect to the provisions of the Public Official and mployee Ethics ("Ethics Act"), 5 Pa.C.S. § 1101 et seq. 2. Jones, as an Assistant Highway Maintenance Manager for the Pennsylvania 0 Department of Trans ortation, failed to comply with Section 11 04(a) of the Ethics Act, 65 Pa.C.S. § 11 e4l(a), when he failed to file a Statement of Financial Interests for calendar year 2017 with the Pennsylvania Department of Transportation. 3. Notice of the delinquency of Jones' 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-, Joshua Jones, File Docket: 19-019-P Respondent Date Decided: 9/26/19 Date Mailed: 10/17/19 1 Joshua Jones ("Jones"), as an Assistant Highway Maintenance Manager for the Pennsylvania Department of Transportation, failed ocomplywith Section 1104(a of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S, �al), when he failed to file a Statement of Financial Interests for calendar year 2017 with the Pennsylvania Department of Transportation. 2. This Commission hereby levies one maximum civil penalty against Jones 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 6$250.00Dater . Jones is ordered to pay said civil penalty in the total amount of $250.0 by no than the thirtieth (30th) da after the mailing date of this Order by forwarding a check to the Pennsylvania Nate Ethics Commission made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. 3. Jones is ordered to file a comp lete and accurate Statement of Financial Interests for calendar year 2017 with the enn sylvan ia Department of Transportation by no later than the thirtieth (30th) day after the mailing date of this Order, with one copy forwarded to the Pennsylvania State Ethics Commission for compliance verification purposes. 4. Failure to comply with Paragraph 2 or 3 of this Order will result in the initiation of an appropriate enforcement action.