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In Re: Joseph DeLuca, : File Docket: 10-009-P
Respondent : X-ref: Order No. 370-S
: Date Decided: 6/22/10
: Date Mailed: 7/9/10
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Raquel K. Bergen
Nicholas A. Colafella
Mark Volk
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 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).
DeLuca, 10-009-P
Page 2
I. FINDINGS:
1. Joseph DeLuca (hereinafter “DeLuca”) has been a Board Member for the Lancaster
County Academy at all times relevant to these civil penalty proceedings, and as
such DeLuca 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.
2. DeLuca as a public official is subject to the Statement of Financial Interests filing
provisions of the Ethics Act.
3. DeLuca has failed to provide full financial disclosure as required by the Ethics Act.
DeLuca has filed a deficient Statement of Financial Interests for calendar year 2005
with the Lancaster County Academy and has failed to file a Statement of Financial
Interests for calendar year 2006 with the Lancaster County Academy, which
accurate and complete Statements of Financial Interests were to be filed by May 1,
2006, and May 1, 2007, respectively. De Luca has therefore transgressed Sections
1104 and 1105 of the Ethics Act, 65 Pa.C.S. §§ 1104, 1105.
4. By Notice letters dated December 4, 2009, and January 25, 2010, DeLuca was
served with Notice in accordance with Section 1107(5) of the Ethics Act of the
specific allegations against DeLuca concerning the above transgressions.
5. Said Notice letters provided DeLuca an opportunity to avoid the institution of the
civil penalty proceedings by filing accurate and complete Statements of Financial
Interests for calendar years 2005 and 2006 within twenty (20) days of the date of
the Notice letters.
a. DeLuca failed to file accurate and complete Statements of Financial Interests
for calendar years 2005 and 2006 within twenty (20) days of the Notice
letters.
6. On March 10, 2010, the Investigative Division of the State Ethics Commission
filed a Petition for Civil Penalties against DeLuca.
a. Said Petition for Civil Penalties was served upon DeLuca via certified mail
on March 19, 2010.
7. On March 25, 2010, the Commission issued an Order to Show Cause why the
Commission should not levy civil penalties against DeLuca.
II. DISCUSSION:
As a Board Member for the Lancaster County Academy, Joseph DeLuca (“DeLuca”)
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, DeLuca was specifically required to
file Statements of Financial Interests for calendar years 2005 and 2006 with the Lancaster
County Academy on or before May 1, 2006, and May 1, 2007, 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 1 of each year that he
holds such a position and of the year after he leaves such a position. Each
DeLuca, 10-009-P
Page 3
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
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 DeLuca as a Board Member for the
Lancaster County Academywas 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. DeLuca 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 DeLuca by
filing with this Commission and serving upon DeLuca a Petition for Civil Penalties. The
Commission Chair issued an Order to Show Cause, ordering DeLuca 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
DeLuca filed a deficient Statement of Financial Interests for calendar year 2005 with the
Lancaster County Academy and failed to file a Statement of Financial Interests for
calendar year 2006 with the Lancaster County Academy pursuant to Section 1104(a) of the
Ethics Act; (2) DeLuca making payment of two civil penalties, each in the amount of
$100.00, for a total payment of $200.00, in settlement of this matter, payable to the
Commonwealth of Pennsylvania and forwarded to this Commission upon execution of the
Consent Agreement; and (3) DeLuca filing a complete and accurate Statement of Financial
Interests for calendar year 2006 with this Commission upon execution of the Consent
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Page 4
Agreement. The Consent Agreement reflects that DeLuca has now filed a complete and
accurate Statement of Financial Interests for calendar year 2005 with this Commission.
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 DeLuca has made payment of two civil penalties
in the amount of $100.00 each, for a total payment of $200.00, through this Commission to
the Commonwealth of Pennsylvania, as per the Consent Agreement of the parties, and has
filed complete and accurate Statements of Financial Interests for calendar years 2005 and
2006 with this Commission.
We hereby find that DeLuca filed a deficient Statement of Financial Interests for
calendar year 2005 with the Lancaster County Academy and failed to file a Statement of
Financial Interests for calendar year 2006 with the Lancaster County Academy pursuant to
Section 1104(a) of the Ethics Act. In that DeLuca has made payment of two civil penalties
in the amount of $100.00 each, for a total payment of $200.00, in accordance with the
Consent Agreement of the parties, and has now filed complete and accurate Statements of
Financial Interests for calendar years 2005 and 2006, this case is closed.
III. CONCLUSIONS OF LAW:
1. As a Board Member for the Lancaster County Academy, Joseph DeLuca (“DeLuca”)
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. DeLuca, as a Board Member for the Lancaster County Academy, filed a deficient
Statement of Financial Interests for calendar year 2005 with the Lancaster County
Academy and failed to file a Statement of Financial Interests for calendar year 2006
with the Lancaster County Academy pursuant to Section 1104(a) of the Ethics Act,
65 Pa.C.S. § 1104(a).
3. Notice of the delinquency or deficiency of DeLuca’s Statements of Financial
Interests for calendar years 2005 and 2006 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, two civil penalties, each in
the amount of $100.00, are warranted, for total civil penalty liability of $200.00.
In Re: Joseph DeLuca, : File Docket: 10-009-P
Respondent : Date Decided: 6/22/10
: Date Mailed: 7/9/10
ORDER NO. 370-S
1. Joseph DeLuca (“DeLuca”), as a Board Member for the Lancaster County
Academy, filed a deficient Statement of Financial Interests for calendar year 2005
with the Lancaster County Academy and failed to file a Statement of Financial
Interests for calendar year 2006 with the Lancaster County Academy pursuant to
Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a).
2. In that DeLucahas paid two civil penalties in the amount of $100.00 each, for a
total payment of $200.00, through this Commission to the Commonwealth of
Pennsylvania as per the Consent Agreement of the parties, and has now filed
complete and accurate Statements of Financial Interests for calendar years 2005
and 2006, no further action is required in this case and this case is closed.
BY THE COMMISSION,
______________________
Louis W. Fryman, Chair