BEFORE
THE
JEANETTE
M. KINION *
STATE
ETHICS COMMISSION
*
RESPONDENT COMPLAINT NO. C-10-07
*
*
This Stipulation of Settlement Agreement (hereinafter the “Agreement”) made this 5th day of January, 2008, by and between Jeanette Kinion, Respondent and William J. Colquhoun, Staff Counsel of the Maryland State Ethics Commission (hereinafter the “Staff Counsel”).
RECITALS
Respondent is a
Foster Care Manager for the Department of Juvenile Services, and is a public
official and as an employee of the State of
The State Ethics Commission (hereinafter the “Commission”) is an executive agency of the State of Maryland established by Chapter 513, Acts of 1979 for the purpose of enforcing the Maryland Public Ethics Law (Title 15, State Government Article, Annotated Code of Maryland) (hereinafter the “Ethics Law”);
On October 11, 2007, the Commission issued a Complaint alleging in part that the Respondent failed to file a properly completed Financial Disclosure Statement for calendar year 2005 by April 30, 2006;
Respondent admits she is a public official required to file financial disclosure pursuant to Section 15-103 of the Ethics Law; and that the statement was not filed in a timely manner;
Respondent has been advised as to the opportunity to be represented by counsel pursuant to the regulations of the Commission and has decided not to be represented by counsel; and
Respondent is voluntarily entering into this Agreement to admit her failure to timely file and to accept certain sanctions.
NOW THEREFORE, in consideration of the Respondent’s submission of the required financial disclosure statements for calendar year 2005 on November 5, 2007; and the admissions and agreements herein contained, Respondent and Staff Counsel stipulate as follows:
1. That Respondent admits she did not timely file the required financial disclosure statement for calendar year 2005.
2. That Respondent admits that the required financial disclosure statements were not submitted, in spite of her receipt of several reminder notices, thereby necessitating the State Ethics Commission to issue a complaint for failure to file financial disclosure on October 11, 2007.
3. That Respondent has subsequently submitted the required financial disclosure statement on November 11, 2007, a copy of which have been attached hereto and made a part hereof.
4.
That Respondent understands a filing violation of the
Ethics Law can subject an official to
late fees of $2 per day for each late day not to exceed $250 and to fines for
each violation pursuant to section 15-405(d)(2) and 15-902(b)(1)(i) of the
Ethics Law respectively. Respondent
hereby agrees to pay, as a settlement, the amount of $250.00 in lieu of
adjudicated late fees and fines for the above admitted filing violations
(paragraphs 1 and 2) of the Ethics Law.
This figure represents $250.00 in late fees. Respondent agrees that $250.00 will be paid
by certified check or money order to the State of
5. That Respondent accepts that the Commission, pursuant to section 15-405 of the Ethics Law will issue a reprimand for the late filing, effective the date of the Final Order in this matter, and the reprimand will be transmitted to the Secretary of the Department of Juvenile Services, the Secretary of the Department of Budget and Management, and to the Governor.
6. That Respondent accepts that the Commission, pursuant to section 15-407 of the Ethics Law will transmit this Agreement, including any documents or exhibits incorporated herein, to the Secretary of the Department of Juvenile Services, the Secretary of the Department of Budget and Management, and to the Governor.
7. That Respondent waives a formal hearing on this matter and agrees that acceptance of this Agreement by the Commission would constitute, based on
her admission of his failure to timely file, a final action and finding of violation by the Commission, and that pursuant to Section 15-407 of the Ethics Law this Agreement and materials relating to this matter are not subject to the Confidentiality provisions of the Ethics Law, and will be public information unless otherwise protected.
8. That the Staff Counsel will upon execution of this Agreement by Respondent, recommend that the Commission postpone any pending hearing on this Complaint and suspend further complaint proceedings against Respondent, and recommend further that the Commission issue a Final Order consistent with this agreement. Should Respondent fail to comply with the provision of Paragraph 4 of this Agreement, the Commission may issue a further order in this matter; may reschedule the hearing; may refer the matter to the Attorney General for collection; or may take such other action as appropriate. It is understood by the Respondent that the Commission is under no obligation to accept this Stipulation of Settlement Agreement and may decide to take other action, including holding a hearing.
9. That the Respondent and the Staff Counsel have entered into this Agreement for the sole purpose of resolving the Commission’s Complaint under the Ethics Law for failure to file financial disclosure and for no other purpose.
IN WITNESS WHEREOF, Jeanette M. Kinion, Respondent, and William J. Colquhoun, Staff Counsel, State Ethics Commission, have hereunto set their hands.
______/s/__________________ _______/s/_____________
Staff Counsel Respondent
County of ______________________, to wit:
Before me, the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared Jeanette M. Kinion, Respondent, who made oath on this ______day of __________2007, in due form of law that the matters and facts hereinabove set forth are true to the best of her knowledge, information and belief, and are her voluntary act and that he executed this document for the purposes set forth herein.
________________________
Notary Public
My Commission expires:
--------
State of
County of _____________________, to wit:
Before me, the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared William J. Colquhoun, Staff Counsel to the State Ethics Commission, who made oath on this ____ day of _________, 2007 in due form of law that he executed this agreement for the purposes set forth herein.
________________________
Notary Public
My Commission expires:
Accepted by the Commission
______/s/_______________________
Robert F. Scholz, Chairman
for the Commission
Date: January 17, 2008