HomeMy WebLinkAbout782-S, GordonPHONE: 717-783-1610
TOLL FREE: 1-800-932-0936
In Re: Gary Gordon,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided
Date Mailed:
24-010-P
782-S
4/9/24
4/ 10/24
Before: Michael A. Schwartz, Chair
Rhonda Hill Wilson, Vice Chair
David L. Reddecliff
Robert P. Caruso
Emilia McKee Vassallo
Thomas E. Leipold
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.oa.Uov
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 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. 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:
1. Respondent Gary Gordon ("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 Constable/Deputy
Constable in the Commonwealth of Pennsylvania, and as such, Respondent was at all times
relevant to these proceedings a "public official/public employee" as defined in Section
1102 of the Ethics Act, 65 Pa.C.S. § 1102.
3. Respondent, as a public official/public employee, 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 a Statement of Financial Interests for calendar year 2022,
which was due by May 1, 2023. Respondent has therefore violated Sections 1104 and 1105
Gordon, 24-010-P
Page 2
of the Ethics Act, 65 Pa.C.S. §§1104 and 1105.
By Notice Letter dated May 23, 2023, 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 Letter provided Respondent an
opportunity to avoid the institution of these civil penalty proceedings by filing accurate and
complete Statement of Financial Interests for calendar year 2022 within twenty (20) days
of the date of the Notice Letter. Respondent has failed and/or otherwise refused to file
Statement of Financial Interests for calendar year 2022 so as to comply with the specific
requirements of the Ethics Act.
6. By Notice Letter dated .Tune 26, 2023, Respondent was served with Notice in accordance
with Section 1107(5) of the Ethics Act of the specific allegation against Respondent
concerning the above transgression. Said Notice Letter provided Respondent an
opportunity to avoid the institution of civil penalty proceedings by filing an accurate and
complete Statement of Financial Interests for calendar year 2022 so as to comply with the
specific requirements of the Ethics Act.
7. Respondent failed to file a Statement of Financial Interests for calendar year 2022 with the
State Ethics Commission by the deadlines imposed in the Notice Letters.
8. After the Petition for Civil Penalties was filed and served, Respondent filed his Statement
of Financial Interests for calendar year 2022 on February 17, 2024.
II. DISCUSSION:
As a Constable/Deputy Constable in the Commonwealth of Pennsylvania, Gary Gordon
("Gordon") 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
M.
Pursuant to Section 1104(a) of the Ethics Act, Gordon was specifically required to file a
Statement of Financial Interests for calendar year 2022 with the State Ethics Commission on or
before May 1, 2023. Section I I04(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
Gordon, 24-01O-P
Page 3
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 Gordon as a Constable/Deputy Constable in the
Commonwealth of Pennsylvania 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 Gordon for each delinquent Statement of
Financial Interests for calendar year 2022.
The prerequisite service of allotice letter in accordance with Section 1107(5) was satisfied.
Gordon 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 Gordon by filing with
this Commission and serving upon Respondent an Order to Show Cause and a Petition for Civil
Penalties, ordering Gordon to show cause why a civil penalty should not be levied against him. It
was only after the Petition for Civil Penalties was filed and served that Respondent filed his
delinquent Statement of Financial Interests for calendar year 2022 on February 17, 2024. The
panties then filed a Stipulation of Findings and Consent Agreement.
The parties propose that this case be resolved by: (1) this Commission finding that Gordon
failed to timely file a Statement of Financial Interests for the 2022 calendar year in compliance
with Section I I04(a) of the Ethics Act; and (2) Gordon making payment of civil penalties in the
amount of $200.00 in settlement of this matter by certified check, money order or electronic
payment payable to the Commonwealth of Pennsylvania and forwarded to this Commission within
thirty days of the issuance of the final adjudication in this matter.
Gordon, 24-010-P
Page 4
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 Gordon, as a Constable/Deputy Constable in the Commonwealth of
Pennsylvania, failed to timely file a Statement of Financial Interests for the 2022 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 Gordon in
the total amount of $2000.00 for Gordon's delinquent Statement of Financial Interests for calendar
year 2022.
To the extent Respondent has not already done so, Gordon shall be ordered to make
payment of the aforesaid civil penalty in the total amount of $200,00 by no later than the thirtieth
(30) day after the mailing date of this adjudication and Order, by utilizing the Commission's
electronic payment system or by forwarding to this Commission a certified check or money order
in the amount of $200.00 made payable to the Commonwealth of Pennsylvania for deposit in the
State Treasury.
III. CONCLUSIONS OF LAW:
1. As a Constable/Deputy Constable in the Commonwealth of Pennsylvania, Gary Gordon
("Gordon") was at all times relevant to these proceedings a "public official/public
employee" subject to the provisions of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et sec.
2. Gordon, as a Constable/Deputy Constable in the Commonwealth of Pennsylvania, failed
to timely file a Statement of Financial Interests for the 2022 calendar year in compliance
with Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a).
Notice of the delinquency of Gordon's Statement of Financial Interests for calendar year
2022 was previously served upon Respondent 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 $200.00 is warranted.
In Re: Gary Gordon, File Docket: 24-010-P
Respondent Date Decided: 4/9/24
Date Mailed: 4I10124
ORDER NO.782-S
1. Gary Gordon ("Gordon"), as a Constable/Deputy Constable in the Commonwealth of
Pennsylvania, failed to timely file a Statement of Financial Interests for the 2022 calendar
year 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 Agreement of the parties, we hereby levy a civil penalty against Gordon
in the total amount of $200.00 for Gordon's delinquent Statement of Financial Interests for
calendar year 2022.
3. To the extent Respondent has not already done so, Gordon is ordered to make payment of
the aforesaid civil penalty in the total amount of $200.00 by no later than the thirtieth (30t)
day after the mailing date of this Order, by utilizing the Commission's electronic payment
system or by forwarding to this Commission a certified check or money order in the amount
of $200.00 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,
Michael A. Schwartz, Chair