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In Re: Barry Kindt,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
ISY19wa Nal"i M-1041:
File Docket:
X-ref:
Date Decided:
Date Mailed:
FACSIMILE: 717-787.0806
WEBSITE: www.ethics.pA.gov
20-007-P
Order No. 665-5
9/23/20
9/30/20
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Ro er Nick
Me-yanie DePalma
Michael A. Schwartz
Shelley Y. Simms
This is a final adjudication of the State Ethics Commission as to the alieged
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 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 filed by the Respondent; a
hearing was not requested. A Stipulation of Findings and a Consent Agreement were
subsequently submitted by the parties to the Commission for consideration. The
Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement
has been approved.
FINDINGS:
I Respondent Barry Kin,dt ("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 Member of the
Pennsylvania State Apprenticeship and Training Council, and as such,
Respondent has at all times relevant to these roceedin been a "public official"
as defined in Section 1102 of the Ethics Act, 6� Pa.C.S. V11 102.
3. Respondent, as a public official, is subject to the Statement of Financial Interests
filing provisions of the Ethics Act.
4. Respondent failed to timely provide full financial disclosure as required by the
Ethics Act. Respondent failed to timely file Statements of Financial Interests for
calendar years 2014, 2015, 2016, 2017, and 2018, which Statements of Financial
Interests were to be filed b� May 1 of 2015, May 1 of 2016, May 1 of 2017, May 1
of 2018, and May 1 of 201,
9, respectively. Respondent has therefore violated
Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice Letter dated July 16, 2019 Respondent was served with Notice in
accordance with Section 1107(5) of the Ethics Act of the specific allegations
against Respondent concernin the above transgressions. Said Notice Letter
provided Respondent an opportunity to, avoid the institution of these civil penalty
proceedings by filing accurateandcomplete Statements, of Financial Interests for
calendar years 2014, 2015, 2016, 2017, and 2018 within twenty (20) days of the
date of the Notice Letter. Respondent failed and/or otherwise refused to file
Kindt, 20-007-P
isag e 2
Statements of Financial Interests for those calendar years so as to comply with the
specific requirements of the Ethics Act.
By Notice Letter dated August 15, 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 transgressions. Said Notice Letter
provided Respondent an opportunity to avoid the institution of civil penalty
proceedings by filing accurate and complete Statements of Financial Interests for
calendar years 2014, 2015, 2016, 2017, and 2018 so as to comply with the specific
requirements of the Ethics Act.
7. Respondent failed to file his Statements of Financial Interests for calendar years
2014, 2015, 2016, 2017, and 2018 with the State Ethics Commission by the
deadlines imposed in the Notice Letters.
8. Respondent filed his Statements of Financial Interests for calendar years 2014,
2015, 2016, 2017, and 2018 with the State Ethics Commission on February 3,
2020.
II. DISCUSSION:
As a Member of the Pennsylvania State Apprenticeship and Training Council,
Barry Kindt ("Kindt") 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 see .
Pursuant to Section 1104(a) of the Ethics Act, Kindt was specifically required to
file Statements of Financial Interests for calendar years 2014, 2015, 2016, 2017, and
2018 with the Pennsylvania State Apprenticeship
yand Training Council and the State
Eth201i8sand Maysion on or 1 of 2019 before
1of Se �ion, May4laof 2ov d May 1 of 2017, May 1 of
Y F0 ()p
§ 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
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
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 Kindt as a Member of the Pennsylvania
State Apprenticeship and Training Council 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 1109(f) of the Ethics Act provides as follows:
Kindt, 20-007-P
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§ 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).
An application of Section 1109(f) to this case establishes that this Commission has
the discretion to levy a maximum civil penaltyy against Kindt for each delinquent Statement
of Financial Interests for calendar years 2014, 2015, 2016, 2017, and 2018.
The pprerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Kindt 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 Kindt by filing
with this Commission and serving upon him a Petition for Civil Penalties. The Commission
Chair issued an Order to Show Cause, ordering Kindt to show cause why civil penalties
should not be levied against him. The parties thereafter filed a Stipulation of Findings and
Consent Agreement.
The parties propose that this case be resolved by: this Commission finding that
Kindt failed to timely file Statements of Financial Interests�1)
or the 2014, 2015, 2016, 2017,
and 2018 calendar years in compliance with Section 1104(a) of the Ethics Act; and (2)
Kindt making payment of civil penalties in the total amount of $625.00 in settlement of this
matter by certified check or money order payable to the Commonwealth of Pennsylvania
and forwarded to this Commission within thirty days of the issuance of the final
adjudication in this matter.
We believe that the Consent Agreement sets forth a proper disposition for this
case, based upon our review of the totality of the facts and circumstances. Accordingly,
we approve the Consent Agreement that has been submitted by the parties.
We hereby find that Kindt, as a Member of the Pennsylvania State Apprenticeship
and Training Council, failed to timely file Statements of Financial Interests for the 2014,
2015, 2016, 2017, and 2018 calendar years in compliance with Section 1104(a) of the
Ethics Act, 65 Pa. C.S. § 1104(a).
Per the Consent Agreement of the parties, we hereby levy civil penalties in the
total amount of $625.00 against Kindt for Kindt's delinquent Statements of Financial
Interests for calendar years 2014, 2015, 2016, 2017, and 2018.
To the extent he has not already done so, Kindt shall be ordered to make payment
of the aforesaid civil penalties in the total amount of $625.00 by no later than the thirtieth
0th) day after the mailing date of this adjudication and Order, by forwarding to this
Commission
a certified check or money order in the amount of $625.00 made payable to
the Commonwealth of Pennsylvania, for deposit in the State Treasury.
III. CONCLUSIONS OF LAW:
1. As a Member of the Pennsylvania State Apprenticeship and Training Council,
Barry Kindt ("Kindt") was at all times relevant to these proceedings a "public official"
Kindt, 20-007-P
4
subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act ), 65 Pa.C.S. § 1101 et seq.
2. Kindt, as a Member of the Pennsylvania State Apprenticeship and Trainingg
Council, failed to timely file Statements of Financial Interests for the 2014, 2015,
2016, 2017, and 2018 calendar years in compliance with Section 1104(a) of the
Ethics Act, 65 Pa.C.S. § 1104(a).
3. Notice of the delinquency of Kindt's Statements of Financial Interests for calendar
years 2014, 2015, 2016, 2017, and 2018 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, civil penalties in the total
amount of $625.00 are warranted.
In Re: Barry Kindt, File Docket: 20-007-P
Respondent Date Decided: 9/23/20
Date Mailed: 9/30/20
Barry Kindt ("Kindt"), as a Member of the Pennsylvania State Apprenticeship and
Training Council, failed to timely file Statements of Financial Interests for the 2014,
2015, 2016, 2017, and 2018 calendar years in compliance with Section 1104(a) of
the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1104(a).
2. Per the Consent Areement of the parties, we hereby levy civil penalties in the
total amount of $925.00 against Kindt for Kindt's delinquent Statements of
Financial Interests for calendar years 2014, 2015, 2016, 2017, and 2018.
3. To the extent he has not already done so, Kindt is ordered to make payment of the
aforesaid civil penalties in the total amount of $625.00 by no later than the thirtieth
(30th) day after the mailing date of this Order, by forwarding to this Commission a
certified check or money order in the amount of $625.00 made payable to the
Commonwealth of Pennsylvania, for deposit in the State Treasury.
4. Failure to comply with Paragraph 3 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nicho as 4. Colafella, hair