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HomeMy WebLinkAbout731-S, SnyderPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Donald L. Snyder, Jr., Respondent STIVTE ETHICS COMMISSION FINANCE WILDING 613 NORTH S"I 1`�ZEE f" ROOM 309 HARRIBUR G,IAA 17120-0400 File Docket: 21-034-P Order No. 731-S Date Decided: 9/14/22 Date Mailed: 9/19/22 FACSIMILE; 717..787-0806 WEBSITE: Before: Mark R. Corrigan, Acting Chair Shelley Y. Simms, Acting Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Rhonda Hill Wilson Paul E. parsells This is a final adjudication of the 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 M. 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. 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. I. FINDINGS: Respondent Donald Snyder ("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 Supervisor for Union Township, and as such, Respondent was at all times relevant to these proceedings a "public official/public employee" as defined in Section 1] 02 of the Ethics Act, 65 Pa.C.S. § 1101 Respondent, as a public official/public employee, was subject to the Statement of Financial Interests filing provisions of the Ethics Act. 4n Respondent failed to timely provide full financial disclosure as required by the Ethics Act, Respondent failed to timely file a Statement Financial Interests for calendar year 2017 and filed a deficient Statement of Financial Interests for calendar year 2018, which Statements of Financial Interests were to be filed by May 1, 2018, and May 1, 2019, respectively. Snyder, 21-034-P Page 2 5. By Notice Letter dated January 19, 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 2017 and 2018 within twenty (20) days of the date of the Notice Letter. Respondent has failed and/or otherwise refused to file Statements of Financial Interests for calendar years 2017 and 2018 so as to comply with the specific requirements of the Ethics Act. 6. By Notice Letter dated February 17, 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 civil penalty proceedings by filing accurate and complete Statements of Financial Interests for calendar years 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 2017 and 2018 with the State Ethics Commission by the deadlines imposed in the Notice Letters. II. DISCUSSION: As a Supervisor for Union Township, Donald L. Snyder, Jr. ("Snyder") 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 sue. Pursuant to Section 1104(a) of the Ethics Act, Snyder was specifically required to file Statements of Financial Interests for calendar years 2017 and 2018 with the Union Township on or before May 1, 2018, and May 1, 2019, respectively. 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 I 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. Snyder, 21-034-P Page 3 65 Pa.C.S. § 1104(a). The complete financial disclosure which Snyder as a Supervisor for Union Township 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 Snyder for each delinquent Statement of Financial Interests for calendar years 2017 and 2018. The prerequisite service of a Notice letter in accordance with Section 1107(5) was satisfied. Snyder 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 Snyder by filing with this Commission and serving upon him a Petition for Civil Penalties. The Commission Chair issued an Order to Show Cause, ordering Snyder to show cause why civil penalties should not be levied against him. The parties then filed a Stipulation of Findings and Consent Agreement. The parties propose that this case be resolved by: (1) this Commission finding that Snyder failed to timely file a Statement of Financial Interests for calendar year 2017 and filed a deficient Statement of Financial Interests for calendar year 2018 in compliance with Section 1104(a) of the Ethics Act; (2) Snyder making payment of a civil penalty in the amount of $350.00 in settlement of this matter by certified check or money order payable to the Commonwealth of Pemisylvania and forwarded to this Commission within thirty days of the issuance of the final adjudication in this matter; and (3) Snyder filing complete and accurate Statements of Financial Interests for calendar years 2017 and 2018 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 Snyder, 21-034-P Page 4 Consent Agreement that has been submitted by the parties. We hereby find that Snyder, as a Supervisor for Union Township, failed to timely file a Statement of financial Interests for the 2017 and file a deficient Statement of Financial Interests for the 2018 calendar year 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 against Snyder in the total amount of $350.00 for Snyder's delinquent Statements of Financial Interests for calendar years 2017 and 2018. To the extent he has not already done so, Snyder shall be ordered to make payment of the aforesaid civil penalties in the total amount of $350.00 by no later than the thirtieth (30"') 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 $350.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. To the extent he has not already done so, Snyder shall be ordered to file complete and accurate Statements of financial Interests for calendar years 2017 and 2018 with Union Township by no later than the thirtieth (30111) 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. IIh CONCLUSIONS OF LAW: As a Supervisor for Union Township, Donald L. Snyder, Jr. ("Snyder") 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 sue. 2. Snyder, as a Supervisor for Union Township, failed to timely file a Statement of Financial Interests for the calendar 2017 and filed a deficient Statement of Financial Interests for calendar year 2018 in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a). Notice of the delinquency of Snyder's Statements of Financial Interests for calendar years 2017 and 2018 were 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 $350.00 is warranted. In Re: Donald L. Snyder, Jr., File Docket: 21-034-P Respondent Date Decided: 9/14/22 Date Mailed: 9/19/22 ORDER NO. 731-S 1. Donald L. Snyder, Jr. ("Snyder"), as a Supervisor for Union Township, failed to timely file a Statement of Financial Interests for calendar year 2017 and filed a deficient Statement of Financial Interests for calendar year 2018 in compliance with Section 1104(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa. C.S. § I I04(a). 2. Per the Consent Agreement of the parties, we hereby levy a civil penalty against Snyder in the total amount of $350.00 for Snyder's delinquent Statements of Financial Interests for calendar years 2017 and 2018. 3. To the extent he has not already done so, Snyder is ordered to make payment of the aforesaid civil penalty in the total amount of $350.00 by no later than the thirtieth (301h) day after the mailing date of this Order, by forwarding to this Commission a certified check or money order in the amount of $350.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. 4. To the extent he has not already done so, Snyder is ordered to file complete and accurate Statements of Financial Interests for calendar years 2017 and 2018 with Union Township by no later than the thirtieth (301h) day after the mailing date of this Order, with a copy of each such filing forwarded to this Commission. Failure to comply with Paragraph 3 or 4 of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, Mark R. 6'rfigan, Acting Chair