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In Re: Manuel Villeneuve,
Respondent
STATE ETHICS COMMISSION
I'NANCE
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File Docket:
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Date-Decidec
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: LNww.ethics,oa.aov
21-043-P
Order No. 711-S
12/2/21
Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Mick
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 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 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.
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 Department of Human Services, 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, 65 Pa.+C.S. § 1102.
3. Respondent as a public employee 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 Act.
Respondent has failed to file Statements of Financial Interests for calendar years 2018 and
2019, which Statements of Financial Interests were to be filed by May 1, 2019,.and May
Villeneuve, 21-043-P
Page 2
1, 2020, respectively, and Respondent has therefore transgressed Sections 1104 and 1105
of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
5. By Notice letter dated December 9, 2020, 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 2018 and 2019 within
twenty (20) days of the date of the Notice letter. Respondent has failed and refused to file
- - - complete Statements of Financial Interests for calendar years 2018 and 2019 so as to -
comply with the specific requirements of the Ethics Act.
6. By Notice letter dated February 5, 2021, 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 2018 and 2019 within twenty
(20) days of the date of the Notice letter. Respondent has failed and refused to file complete
Statements of Financial Interests for calendar years 2018 and 2019 so as to comply with
the specific requirements of the Ethics Act.
7. Section 1109(f) of the Ethics Act provides;
§ 1109. Penalties
(0 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).
8. 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 two violations alleged herein, Respondent is subject to total maximum civil
penalty liability of $500.00.
Villeneuve, 21-043-P
Page 3
9. There are no mitigating circumstances and Respondent should be assessed the maximum
civil penalty of $500.00, in that the twenty -day deadline set forth in the said final Notice
letter to Respondent has expired and the Respondent has not complied.
II. DISCUSSION:
As an Income Maintenance Caseworker for the Pennsylvania Department of Human
Services ("Department of Human Services"), Manuel Villeneuve ("Villeneuve") was at all times
relevant to these proceedings a "public employee" subject to the provisions of the Public Official
- - - and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S: -§ 1101 et seq. - See,- ua lia v. State Ethics - - -
Commission, 986 A.2d 974 (Pa. Cmwlth. 2010), amended by, 2010 Pa. Commw. LEXIS 8 (Pa.
Cmwlth. January 5, 2010), allocatur denied, 607 Pa. 708, 4 A.3d 1056 (2010).
Pursuant to Section 1104(a) of the Ethics Act, Villeneuve was specifically required to file
Statements of Financial Interests for calendar years 2018 and 2019 with the Department of Human
Services on or before May 1, 2019, and May 1, 2020, respectively. See, Quaglia, supra. Section
1104(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 I 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 I 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 Villeneuve 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 1105 of the Ethics Act, 65
Pa.C.S. § 1105.
Section 1109(f) of the Ethics Act provides as follows:
§ 1109. Penalties
Villeneuve, 21-043-P
Page 4
(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 Villeneuve for the delinquent Statements of
Financial Interests for calendar years 2018 and 2019.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied.
Villeneuve 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 Villeneuve by filing with the State Ethics Commission and serving
upon Villeneuve a Petition for Civil Penalties. The Commission Chair issued an Order to Show
Cause, ordering Villeneuve to show cause why civil penalties should not be levied against him.
Villeneuve did not file an answer to the Order to Show Cause. There is nothing of record that
would constitute a defense or excuse for Villeneuve's failure to comply with the Ethics Act.
Villeneuve has failed to show cause why civil penalties should not be levied against him in this
matter.
We find that Villeneuve, as an Income Maintenance Caseworker for the Department of
Human Services, 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 2018 and 2019 with the
Department of Human Services.
We hereby levy two maximum civil penalties against Villeneuve, each at the rate of
Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial Interests for
calendar years 2018 and 2019 have remained delinquent. Given the number of days during which
the Statements of Financial Interests have remained delinquent, the resultant amount to be levied
against Villeneuve is Five Hundred Dollars ($500.00).
Villeneuve shall be ordered to make payment of the above civil penalties in the total
amount of $500.00 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.
Villeneuve shall be ordered to file complete and accurate Statements of Financial Interests
for calendar years 2018 and 2019 with the Department of Human Services by no later than the
thirtieth (30th) day after the mailing date of this adjudication and Order, with a copy of each such
filing forwarded to this Commission for compliance verification purposes.
Villeneuve, 21-043-P
Page 5
III. CONCLUSIONS OF LAW:
1. Manuel Villeneuve ("Villeneuve"), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, was at all times relevant to these
proceedings a "public employee" subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. Villeneuve, 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 he failed to file Statements of Financial Interests for calendar years 2018
and 2019 with the Pennsylvania Department of Human Services.
3. Notice of the delinquency of Villeneuve's Statements of Financial Interests for calendar
years 2018 and 2019 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, the imposition of two maximum
civil penalties in the total amount of $500.00 is warranted.
In Re: Manuel Villeneuve, File Docket: 21-043-P
Respondent Date Decided: 12/1/21
Date Mailed: 12/2/21
ORDER NO. 711-S
1. Manuel Villeneuve ("Villeneuve"), as an Income Maintenance Caseworker for the
Pennsylvania Department of Human Services, 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 2018 and 2019 with the
Pennsylvania Department of Human Services.
2. This Commission hereby levies two maximum civil penalties against Villeneuve, each at
the rate of Twenty -Five Dollars ($25.00) per day, for each day his Statements of Financial
Interests for calendar years 2018 and 2019 have remained delinquent, for total civil penalty
liability of Five Hundred Dollars ($500.00). Villeneuve is ordered to pay said civil
penalties in the total amount of $500.00 by no later than the thirtieth (301h) 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.
3. Villeneuve is ordered to file complete and accurate Statements of Financial Interests for
calendar years 2018 and 2019 with the Pennsylvania Department of Human Services by no
later than the thirtieth (301h) day after the mailing date of this Order, with a copy of each
such filing 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.
BY THE COMMISSION,
Nicholas A. Colafella, Chai