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In Re: Bomani Howze,
Respondent
File Docket:
X-ref:
Date Decided
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: w_wpethics.pa.goy
20-0:27-P
Order No. 677-S
9/23/20
10/7/20
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 Pennsylveania State Ethics Commission as to the
alleged delinquency and/or deficiency of Statemnt(s) of Financial Interests required to
be II:d d pursuant to Sections 1104 and 1105 of the Public Official and Employee Ethics
Act (""Ethics Act"), 65 Pa.C.S. § 1101 et se .
The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent a Ntitioin 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.
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 a Member of the
Board of the Pennsylvania Minority Business Development Authority, 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, 6E Pa.C.S. r1l 102.
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
c
Act. Respondent has failed to file Statements of Financial Interests or calendar
years 2014, 2015, 2016, 2017, and 2018, which Statements, of Financial Interests
were to be filed by May 1 of 2015, May I of 2016 Ma � 1 of 2017, May 1 of 2018,
and May 1 of 2019, respectively, and Respondent as therefore transgressed
Sections 1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated September 5, 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, gaid Notice letter
provided Respondent an opportunity to avoid the institution of these civil penalty
proceedings by filing accurate and com lete Statements of Financial Interests for
calendar years 2014, 2015, 2016, 201T, and 2018 within twenty (20) days of the
date of the Notice letter, Respondent has failed and refused to file 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.
Howze, 20-027-P
Page
By Notice letter dated December 10, 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 these civil penalty
proceedings by filing accurate and complete 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 has failed and refused to file 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.
On July 10, 2020---after the Investigative Division instituted formal proceedings
against Respondent by filing with the State Ethics Commission a Petition for Civil
Penalties ---Respondent filed Statements of Financial Interests for calendar years
2014, 2015, 2016, 2017, and 2018 with the State Ethics Commission.
8. 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).
9. 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 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 [five violations] alleged herein,
Respondent is subject to total maximum civil penalty liability of $1,250.00.
10. There are no mitigating circumstances and Respondent should be assessed the
maximum civil penalty of $1,250.00, 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 a Member of the Board of the Pennsylvania Minority Business Development
Authority, Bomani Howze ("Howze") 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 seg.
Pursuant to Section 1104(a) of the Ethics Act, Howze was specifically required to
file Statements of Financial Interests for calendar years 2014, 2015, 2016, 2017, and
2018 with the Board of the Pennsylvania Minority Business Development Authority and
the State Ethics Commission on or before May 1, 2015, May 1, 2016, May 1, 2017, May
1, 2018, and May 1, 2019, respectively. Section 1104(a) provides:
Howze, 20-027-P
Page 3
§ 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 Howze as a Member of the Board of the
Pennsylvania Minority Business Development Authority 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:
§ 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 penalty against Howze for each delinquent
Statement of Financial Interests for calendar years 2014, 2015, 2016, 2017, and 2018.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Howze 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 Howze by filing with the State Ethics
Commission and serving upon Howze a Petition for Civil Penalties. On July 10, 2020—
after the Investigative Division instituted formal proceedings against Howze—Howze filed
Statements of Financial Interests for calendar years 2014, 2015, 2016, 2017, and 2018
with this Commission. The Commission Chair subsequently issued an Order to Show
Cause, ordering Howze to show cause why civil penalties should not be levied against
him. Howze did not file an answer to the Order to Show Cause.
On September 11, 2020, Respondent submitted an email to this Commission in
which he asserted various circumstances and requested that this Commission not levy
Howze, 20-027-P
a� ee 4
civil penalties against him.
On September 11, 2020, the Investigative Division filed a response in which it
indicated that Respondent has a history of failing to timely file Statements of Financial
Interests and requested that this Commission levy a maximum civil penalty against
Resppondent for each delinquent Statement of Financial Interests for calendar years 2014,
2015, 2016, 2017, and 2018.
There is nothing of record that would constitute a defense or excuse for Howze's
failure to comply with the Ethics Act. Howze has failed to show cause why civil penalties
should not be levied against him in this matter.
We find that Howze, as a Member of the Board of the Pennsylvania Minority
Business Development Authority, failed to comply with Section 1104(a) of the Ethics Act,
65 Pa.C.S. § 1104(a), when he failed to file Statements of Financial Interests for calendar
years 2014, 2015, 2016, 2017, and 2018 with the Board of the Pennsylvania Minority
Business Development Authority and the State Ethics Commission.
We hereby levy five maximum civil penalties against Howze, each at the rate of
Twenty -Five Dollars ($25.00) pper dayy, for each day his Statements of Financial Interests
for calendar years 2014, 2015, 2016, 2017, and 2018 remained delinquent. Given the
number of days during which the Statements of Financial Interests remained delinquent,
the resultant amount to be levied against Howze is One Thousand Two Hundred and Fifty
Dollars ($1,250.00).
Howze shall be ordered to make payment of the above civil penalties in the total
amount of $1,250.00 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.
III. CONCLUSIONS OF LAW:
1. Bomani Howze ("Howze"), as a Member of the Board of the Pennsylvania Minority
Business Development Authority, 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 sec.
2. Howze, as a Member of the Board of the Pennsylvania Minority Business
Development Authority, failed to comply with Section 1104(a of the Ethics Act, 65
Pa.C.S. § 1104(a), when he failed to file Statements of Financial Interests for
calendar years 2014, 2015, 2016, 2017, and 2018 with the Board of the
Pennsylvania Minority Business Development Authority and the State Ethics
Commission.
3. Notice of the delinquency of Howze's Statements of Financial Interests for
calendar years 2014, 2015, 2016, 2017, and 2018 was previously served uppon 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, the imposition of five
maximum civil penalties in the total amount of $1,250.00 is warranted.
In Re: Bomani Howze, File Docket: 20-027-P
Respondent Date Decided: 9/23/20
Date Mailed: 1017120
ORDER NO. 677-S
Bomani Howze ("Howze") '
"Howze"), as a Member of the Board of the Pennsylvania Minority
Business Development Authority, failed to comply with Section 1104(a) of the
Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1104(a), when
he failed to file Statements of Financial Interests for calendar years 20'14, 2015,
2016, 2017, and 2018 with the Board of the Pennsylvania Minority Business
Development Authority and the Pennsylvania State Ethics Commission.
This Commission hereby levies five maximum civil penalties against Howze, each
at the rate of Twenty -Five Dollars ($25.00) per day, for each day his Statements
of Financial Interests for calendar years 2014, 2015, 2016, 2017, and 2018
remained delinquent, for total civil penalty liability of One Thousand Two Hundred
and Fifty Dollars ($1,250.00). Howze is ordered to pay said civil penalties in the
total amount of $1,250.00 by no later than the thirtieth (30th) 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.
Failure to comply with Paragraph 2 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
Nicholas A. Colafella, hair