HomeMy WebLinkAbout352-S CioppaIN RE: Anthony Cioppa,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
07 -011 -P
Order No. 352 -S
3/12/09
3/27/09
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. A Stipulation of
Findings and a Consent Agreement waiving an evidentiary hearing 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.
This is a final Order, and it is publicly available upon issuance. Reconsideration
may be requested, but a request for reconsideration will not affect the finality of this
adjudication or its availability as a public document. Any reconsideration request must be
received at this Commission within thirty days of the mailing date noted above and must
include a detailed explanation of the reasons as to why reconsideration should be granted
in conformity with 51 Pa. Code §21.29(b).
Cioppa, 07 -011 -P
Page 2
I. FINDINGS:
1. Respondent is an adult individual who resides or maintains a mailing address at
3556 Ridgewood Drive, Pittsburgh, PA 15235.
2. At all times relevant to these proceedings, Respondent has been a
Constable /Deputy Constable and as such Respondent has at all times relevant to
these proceedings been a "public official" as that term is defined in Section 1102 of
the Ethics Act. 65 Pa.C.S. §1102.
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
Act. Respondent has failed to file Statements of Financial Interests for calendar
years 2004 and 2005 with the State Ethics Commission, which Statements of
Financial Interests were to be filed by May 1, 2005, and May 1, 2006, respectively,
and Respondent has therefore transgressed Sections 1104 and 1105 of the Ethics
Act, 65 Pa.C.S. § §1104 and 1105.
5. By Notice Letter dated October 16, 2006, 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 an accurate and complete Statement of Financial Interests for calendar
year 2005 within twenty (20) days of the date of the Notice Letter. Respondent has
failed and refused to file a Statement of Financial Interests for calendar year 2005
so as to comply with the specific requirements of the Ethics Act.
6. By Notice Letter dated December 4, 2006, 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 civil penalty proceedings by
filing accurate and complete Statements of Financial Interests for calendar years
2004 and 2005 so as to comply with the specific requirements of the Ethics Act.
II. DISCUSSION:
As a Constable /Deputy Constable, Anthony Cioppa ( "Cioppa ") 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 seq.
Pursuant to Section 1104(a) of the Ethics Act, Cioppa was specifically required to
file Statements of Financial Interests for calendar years 2004 and 2005 on or before May
1, 2005, and May 1, 2006, with this Commission. 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 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
Cioppa, 07 -011 -P
Page 3
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 Cioppa as a Constable /Deputy Constable
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 the Respondent for each delinquent
or deficient Statement of Financial Interests.
The prerequisite service of a Notice letter in accordance with Section 1107(5) was
satisfied. Cioppa did not remedy the failure to comply with the Ethics Act although given a
grace period following Notice in which to do so. The Investigative Division then instituted
formal proceedings against Cioppa by filing with this Commission and serving upon him a
Petition for Civil Penalties. 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
Cioppa failed to timely file his Statements of Financial Interests for the 2004 and 2005
calendar years in compliance with Section 1104(a) of the Ethics Act; and (2) Cioppa
making payment of a civil penalty in the amount of $150.00 in settlement of this matter,
payable to the Commonwealth of Pennsylvania.
We believe that the Consent Agreement is the 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 take administrative notice that Cioppa has made payment of a civil penalty in
the amount of $150.00 through this Commission to the Commonwealth of Pennsylvania, as
per the Consent Agreement of the parties, and has filed Statements of Financial Interests
for calendar years 2004 and 2005 with this Commission on November 19, 2008.
We hold that Cioppa failed to timely file his Statements of Financial Interests for the
2004 and 2005 calendar years with the State Ethics Commission in compliance with
Cioppa, 07 -011 -P
Page 4
Section 1104(a) of the Ethics Act.
In that Cioppa has made payment of a civil penalty in the amount of $150.00 in
accordance with the Consent Agreement of the parties, and has filed Statements of
Financial Interests for calendar years 2004 and 2005, this case is closed.
III. CONCLUSIONS OF LAW:
1. As a Constable /Deputy Constable, Anthony Cioppa ( "Cioppa ") 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 seq.
2. Cioppa, as a Constable /Deputy Constable, failed to timely file Statements of
Financial Interests for calendar years 2004 and 2005 with the State Ethics
Commission in compliance with Section 1104(a) of the Ethics Act, 65 Pa.C.S.
§1104(a).
3. Notice of the delinquency of Cioppa's Statements of Financial Interests for calendar
years 2004 and 2005 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, a civil penalty in the
amount of $150.00 is warranted.
IN RE: Anthony Cioppa,
Respondent
ORDER NO. 352 -S
File Docket: 07 -011 -P
Date Decided: 3/12/09
Date Mailed: 3/27/09
1 Anthony Cioppa ( "Cioppa "), as a Constable /Deputy Constable, failed to timely file
Statements of Financial Interests for calendar years 2004 and 2005 with the State
Ethics Commission in compliance with Section 1104(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. §1104(a).
2. In that Cioppa has paid a civil penalty in the amount of $150.00 through this
Commission to the Commonwealth of Pennsylvania as per the Consent Agreement
of the parties, and has now filed Statements of Financial Interests for calendar
years 2004 and 2005, no further action is required in this case and this case is
closed.
BY THE COMMISSION,
Louis W. Fryman, Chair