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In Re: Amber Bushnell,
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: wwwwethlc -- s.pa.gov
19-027-P
Order No. 646-S
9/26/19
10118/19
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 sect.
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 inthis 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 Income
Maintenance Caseworker with the Pennsylvania
nia Department of Human Services,
and as such, Respondent has at all times relevant to these proceedints been a
"public employee" as defined in Section 1102 of the Ethics Act, 65 Pa.C. .§1102.
3, Respondent as a public employee is subject to the Statement of Financial Interests
filing provisions of the Ethics Act.
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 Res ondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 K.C.S. §§ 1104, 1105.
By Notice letter dated December 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 2ove transgression. Said Notice Peetter provided
Respondent an opportunity to avoid the institution of these civil penalty proceedings
b� firing, 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 year2017 so as to
comply with the specific requirements of the Ethics Act.
Bushnell, 19-027-P
Page 2
By Notice letter dated February 8, 2019, 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 Fetter 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, § 1109(f).
For each violation the Commission finds, Respondent is subject to civil penalty
liabilitv under Section 11 09(f) of the Ethics Act, 65 Pa.C.S. § 11 09ft at a rate of not
more than $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 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.
DISCUSSION:
As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services ("Department of Human Services"), Amber Bushnell Bushnell") was at all times
relevant to these proceedings a " ublic employee" subject to ("Bushnell")
provisions of the Public
Official and Employee Ethics Act k-'Ethics,,A6V), 65 Pa.C.S, 11 01 et seq. See, Quaalia v..
=-Pa I
State Ethics Commission, 986 _d (Pa. Crnwlth. S.
amended,
Commw, LEXIS 8 (Pa.C_mwlth. January 5, 2010), allocatur denied, 607 PK 4 A.3d
1056 (2010).
Pursuant to Section 11 Ota) of the Ethics Act, Bushnell was specifically required to
file a Statement of Financial In erests for calendaryear 2017 with the Department of
Human Services on or before May 1, 2018. See, Quaglia, sup . Section 1104(a)
provides:
§ 1104. Statement of financial interests required to be filed
(a) Public official or public employee. --Each public official of the
Bushnell, 19-027-P
Page 3
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 thin preceding calendar year with the
department agency, body or bureau ii�`w6ch 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 osition. Any other public
employee or public official shall file a statement offlinancial 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 Bushnell as an Income Maintenance
Caseworker for the Department of Human Services was required to provide in the
Statement of Financial Interests form is statutorily mandated in detail at Section 1105ofthe
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. § 11 09ft
An application of Section 11 09(f to this case establishes that this Commission has
the discretion to levy a maximum civil penalt� against Bushnell for the delinquent Statement
of Financial Interests for calendar year 201
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Bushnell 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 Investintive
Division then instituted formal proceedinagainst Bushnell by filing with the State thics
Commission and serving upon Bushnella Petition for Civil Penalties. The Commission
Chair issued an Order to Show Cause, ordering Bushnell to show cause whya civil penalty
should not be levied against her. Bushnell did not file an answer to the rder to Show
Cause. There isnothin of record that would constitute a defense or excuse for Bushnell's
failure to comply with the Ethics Act. Bushnell has failed to show cause why a civil penalty
should not be levied against her in this matter.
We find that Bushnell, as an Income Maintenance Caseworker for the Department of
Human Services, failed to comply with Section 1104(a of the Ethics Act, 6 Pa.C.S. §
11 04(a), when she failed to file a Statement of Financiai, Interests for calendar year 2017
with the Department of Human Services.
Bushnell, 19-027-P
P—ag gem
We hereby levy one maximum civil penalty against Bushnell 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 Statement
of Financial Interests has remained delinquent, the resultan aMOLint to be levied against
Bushnell is Two Hundred and Fifty Dollars ($250.00).
Bushnell shall be ordered to make payment of the above civil penalty in the amount
of $250.00 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.
Bushnell 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.
111. CONCLUSIONS OF LAW:
1 Amber Bushnell ("Bushnell"), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, was at all times relevant to these
roceedings a "public employee" sub�'ect to the provisions of the Public Official and
mployee Ethics Act ("Ethics Act"), 5 Pa.C.S. § 1101 et seq.
2. Bushnell, as an Income Maintenance Caseworker 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 file a Statement of Financial Interests for
calendar year 2 17 with the Pennsylvania Department of Human Services.
3. Notice of the delinquency of Bushnell's Statement of Financial Interests for calendar
�year 2017 was previous)V, served upon her in accordance with Section 1107(5) of
Ihe 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: Amber Bushnell, File Docket: 19-027-P
Respondent Date Decided: 9/26/19
Date Mailed: 10118/19
L
1 Amber Bushnell ("Bushnell"), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, failed to complywith Section 1104(a)
of the Public Official and Employee Ethics Act Ethics Act"), 5 Pa.C.S. § 1104(a),
when she failed to file a Statement of F ("Ethics
for calendar year 2017 with
the Pennsylvania Department of Human Services.
2. This Commission hereby levies one maximum civil penalty against Bushnell at the
rate of Twenty -Five Dollars ($25.00) per day for each day her Statementof Financial
Interests for calendar year 2017 has remained delinquent, for a total civil penalty of
Two Hundred and Fifty Dollars 250,00), Bushnell is ordered to pay said civil
penalty in the total amount of $2R0.00 by no later than the thirtieth (30t") day after
the mailing date of this Order, by forwardinga check to the Pennsylvania State
Ethics Commission made payable to the ommonwealth of Pennsylvania, for
deposit in the State Treasury.
3. Bushnell 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 (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.
A E C 0 1TT W,