HomeMy WebLinkAbout843 HomaIn re: V. Luddy Homa
STATE ETHICS COMMISSION
309 FINANCE BUILDING
PO. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
: File Docket:
: Date Decided:
: Date Mailed:
87 -021 -C
April 23, 4P2
April 27, 1992
Chair
Chair
Before: Dennis C. Harrington,
James M. Howley, Vice
Daneen E. Reese
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, P.L.
883. Written notice, of the specific allegation(s) was served at
the commencement of the investigation. A Findings Report was
issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was filed and a hearing was waived. A Consent Order was submitted
by the parties to the Commission for consideration which was
subsequently approved. This adjudication of the Commission is
hereby issued which sets forth the individual Allegations, Findings
of Fact, Discussion, Conclusions of Law and Order.
This adjudication is final and will be made available as a
public document fifteen days after issuance. However,
reconsideration may be requested which will defer public release of
this adjudication pending action on the request by the Commission.
A request for reconsideration, however, does not affect the
finality of this adjudication. A reconsideration request must be
received at this Commission within fifteen days of issuance and
must include a detailed explanation of the reasons as to why
reconsideration should be granted in conformity with 51 Pa. Code
52.38.
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 during the fifteen day period
and no one unless the right to challenge this Order is waived, may
violate confidentiality by releasing, discussing or circulating
this Order. However, confidentiality does not preclude discussing
this case with an attorney at law.
Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000
or imprisonment for not more than one year, 65 P.S. 409(e).
V. Luddy Boma
April 27, 1992
Page 2
I. ALLEGATION:
That V. Luddy Homa, Building Inspector for Carnegie Borough,
Allegheny County, violated the following provisions of the State
Ethics Law (Act 170 of 1978), when he failed to require occupancy
permits for properties owned by him and his real estate partner;
when he issued building permits to his real estate partner; and,
when he failed to file Statements of Financial Interests for 1985
and 1986:
65 P.S. 5403(a).
Section 4. Statement of financial interests required to
be filed.
65 P.S. 5404(a)
II. FINDINGS:
Section 3. Restricted Activities.
(a) No public official or public
employee shall use his public office or any
confidential information received through his
holding public office to obtain financial gain
other than compensation provided by law for
himself, a member of his immediate family, or
a business with which he is associated.
(a) Each public employee employed by the
Commonwealth shall file a statement of
financial interests for the preceding calendar
year with the department, agency or bureau in
which he is employed 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 shall file a statement
of financial interests with the governing
authority of the political subdivision by
which he is employed no later than May 1 of
each year that he holds such a position and of
the year after he leaves such a position.
1. Vladimer Luddy Homa served as the Building Inspector for the
Borough of Carnegie from 1968 through April, 1986.
a. From January, 1980 through April, 1986, Homa served as
Zoning Officer.
V. Luddy Homa
April 27, 1992
Page 3
b. Both the Building Inspector and Zoning Officer positions
were part time.
c. In April, 1986, Homa was appointed to the Planning
Commission.
2. Vladimer Luddy Homa held a real estate license with Plaza
Realty.
a. Plaza Realty is solely owned by Leonard DeFonso and John
DeFonso.
b. John DeFonso served as a member of Carnegie Borough
Council from 1979 through 1989 and as Borough Council
President.
c. Homa was not a principal in this business and held no
financial interest therein.
3. The Borough of Carnegie Ordinance #995, sets forth the duties
and responsibilities of the zoning officer as follows:
a. Administer and enforce the provisions of the Ordinance in
accordance with it's literal terms, and shall not have
the power to permit any construction or any use or change
of use which does not conform to the Ordinance.
Issue building permits, zoning certificates, occupancy
permits and applications as public records.
Identify and register all non - conforming uses and
structures as required by law. A zoning certificate
shall then be issued to the owner of said use or
structure.
4. The Borough of Carnegie Ordinance #995, defines a zoning
occupancy permit as follows:
a. A document issued by the zoning officer upon completion
of the construction of a structure, or change in use of
structure or parcel of land, or change of occupancy of
structure, and indicating that the use and structure is
in compliance with this Ordinance, that all conditions
attached to the granting of the zoning certificate have
been met, and that the structure and land may be occupied
and used for the purposes set forth in the zoning
certificate.
5. Records of the Borough of Carnegie reflect the following
Ordinances relating to the requirements for occupancy permits:
V. Luddy Homa
April 27, 1992
Page 4
a. Ordinance No. 802
1. That no dwelling, apartment or other place for
human occupancy may be occupied when previously
vacated unless the owner or landlord of said
property shall first apply for an occupancy permit
to be issued by the chief of police of the borough.
2. An application for the permit shall be formulated
by the proper officials of the borough, and
required information shall be requested from the
said landlord or owner thereof.
3. No permit shall be issued for occupancy unless the
premises shall be in livable and habitable
condition and after having been inspected by the
chief of police, the fire chief and building
inspector and /or such other officials as the
council may require from time to time.
4. The fee for the issuance of said permit shall be
$2.00.
5. Any person, firm, association or corporation
violating any of the provisions of this ordinance
shall be subject to a fine of not more than $100.00
and costs; and in default of the payment of the
fine and costs, shall be subject to imprisonment
for a period not exceeding 30 days.
b. Ordinance No. 878 - Amending Ordinance No. 802.
1. The Borough of Carnegie believes it to be in the
public interest to provide for the health, safety
and welfare of its residents by requiring the
obtaining of occupancy permits prior to the future
occupancy of dwellings for human occupancy in the
borough.
2. No dwelling house, apartment unit, official
building or other place for human occupancy may be
initially occupied after the enactment of this
ordinance, unless the owner or landlord of said
property shall first obtain an occupancy permit
from the chief of police of the Borough of
Carnegie.
3. An occupancy permit must be obtained each time
there is a vacancy of a dwelling house or apartment
unit by the owner or landlord thereof, prior to the
V. Luddy Roma
April 27, 1992
Page 5
new occupancy of that particular dwelling house or
apartment unit from the chief of police of the
Borough of Carnegie.
4. The fee for the issuance of said occupancy permit
shall be $2.00.
6. The State Fire & Panic Code requires occupancy permits for
certain buildings including:
a. All classes of buildings which have four or more persons
housed, employed, or assembled.
b. All buildings which have plans approved on or after may,
19. 1984.
c. Factories, power plants, mercantile buildings, hotels,
office buildings, etc.
d. The State Code does not apply to single family
residences, buildings or structures which are used for
group habitation, farm buildings occupied by ten
employees, and buildings with less than four persons
housed, employed or assembled throughout the building or
buildings within cities of the 1st and 2nd Class A.
7. The Pennsylvania Department of Labor and Industry administers
and enforces the State Fire and Panic Code.
a. Vladimer Homa had no responsibilities or duties in
relation to the issuance of state occupancy permits under
the State Code.
8. Vladimer Luddy Homa's compensation as Building Inspector and
Zoning Officer was primarily based upon a percentage of the
permit fee paid to the borough by the applicant.
a. If no fee was paid and no permit was issued, Mr. Homa
would not be compensated.
9. As Building Inspector Homa was to receive 50% of the permit
fee for construction permits and a fee of $12.50 for
demolition permits.
a. Mr. Homa's fee on any single construction project could
not exceed $3,000.00.
10. As Zoning Officer Mr. Homa received 50% of the permit fee
except on conditional use permits.
V. Luddy Homa
April 27, 1992
Page 6
a. On conditional use permits Mr. Homa could receive from
1/6 to 1/2 of the permit fee.
11. Mr. Homa's compensation was fixed by the Borough Council.
Records of the Borough of Carnegie Building Inspection and
Zoning Office indicate the following permits issued between
July 1, 1979 and July, 1986 for properties owned by Vladimer
Luddy Homa, John DeFonso, Leonard DeFonso and Plaza Realty:
PERMIT ESTIMATED
DATE NUMBER NAME ADDRESS COST FEE
7/16/79 R7973 J. DeFonso 9 E. Mall Plaza $5,500 $19.00
8/30/89 D8081 L. Homa 304 Run Street - $ 5.00
7/81 R8176 L. Homa 617 Main Street $3,000 $14.50
3/3/82 S8231 J. DeFonso 8 E. Mall Plaza $ 120 $10.00
3/82 S8232 J. DeFonso 110 E. Mali Plaza $ 300 $10.00
6/21/82
11/6/82
B08263 L. Homa 617 W. Main Street - Denied
No offices allowed in residential area.
Ordinance No. 792 - Exhibit A - District Regulations
R82112 L. DeFonso 150 E. Mall Plaza $35,000 $62.00
8/23/83 R8383 J. DeFonso 8 E. Mall Plaza $7,200 $27.00
8/22/83 CZ8384 J. DeFonso 110 E. Mall Plaza - $25.00
12/13/83 R83121 J. DeFonso 602 Poplar Way $12,000 $28.00
4/1/85 S8542 L. DeFonso 200 3rd Street $ 100 $25.00
4/27/85 B08542 L. DeFonso 200 3rd Street - $10.00
12/18/85 B085121 V. L. Homa - $25.00
1/3/86 B08611 V. L. Homa 617 W. Main Street - -
1/17/86 S8611 J. DeFonso $ 664 $25.00
(Plaza Realty)
3/10/86 A8631 J. DeFonso 207 Ingrid Drive $3,800 $16.00
4/22/86 R8642 L. DeFonso 150 E. Mall Plaza $2,900 $16.00
V. Luddy Homa
April 27, 1992
Page 7
4/22/86 58641 L. DeFonso 150 E.Mall Plaza - $25.00
7/24/86 R8671 J. DeFonso 314 -316 7th Avenue $19,100 $40.00
PERMIT CODE:
R - Remodeling
S - Signs
BO - Business Occupancy
O - Occupancy
G - Garage
SP - Swimming Pools
ST - Sewer Tap -In
B - New Homes
A - Addition
D - Demolition
F - Fence
CZ - Certificate of Zoning
US - Utility Shed
SPR - Sight Plan Review
BPA - Building Permit Application
12. Properties recorded in the deed registry blotter for the
Borough of Carnegie as owned by Vladimer Luddy Homa, in
the years 1989 through and including 1986 are as follows:
a. Owner: Vladimer Homa /Blanche
Owner address: 18 Point Street, Carnegie
Lot & block: 103 -8 -124
Property address: 304 Run Street, Carnegie
Description: Two story frame house
Assessment: $1,970.00
b. 1980 through 1986:
Owner: Vladimer Homa
Owner address: 18 Run Street, Carnegie
Lot & block: 104 -S -286
Property address: Arch Street, Carnegie
Description: Land
Assessment: $800.00
Owner: Vladimer Homa /Blanche
Owner address: 18 Point Street, Carnegie
Lot & block: 104 -S -294
Property address: 320 Arch Street, Carnegie
Description: Land
Assessment: $320.00
Owner: Vladimer Homa
V. Luddy Homa
April 27, 1992
Page 8
Owner address: 18 Run Street, Carnegie
Lot & block: 103 -P -138
Property address: 411 Sixth Avenue, Carnegie
Description: Two story brick house
Assessment: $4,490.00
Owner: Vladimer Homa /Blanche
Owner address: 18 Point Street, Carnegie
Lot & Block: 104 -P -192
Property address: Point Avenue, Carnegie
Description: 1 1/2 story frame house
Assessment: $3,850.00
c. 1982 through 1986:
Owner: Vladimer Homa
Owner address: 18 Point Street, Carnegie
Lot & block: 103 -B -124
Property address: Run Street, Carnegie
Description: Land
Assessment: $400.00
d. 1983, 1984, 1985, 1986:
Owner: Vladimer Homa /Blanche
Owner Address: 18 Run Street, Carnegie
Lot & block: 103 -P -136
Property address: Sixth Avenue, Carnegie
Description: Land
Assessment: $450.00
e. 1984, 1985, 1986:
Owner: Vladimer Homa /Blanche
Owner address: 18 Run Street, Carnegie
Lot & Block: 102 -B -198
Property address: 617 -619 West Main St.. Carnegie
Description: Two story brick house, storage
Assessment: $5,250.00
Owner: Vladimer Homa /Blanche
Owner address: 18 Run Street, Carnegie
Lot & block: 104 -S -282
Property address: 617 Arch Street, Carnegie
Description: Land
Assessment: $450.00
13. Properties recorded in the deed registry blotter for the
Borough of Carnegie as owned by John DeFonso, co -owner of
Plaza Realty, in the years 1980 through and including 1986 are
V. Luddy Roma
April 27, 1992
Page 9
as follows:
a. Owner: John DeFonso /Roseanne - 1980, 82, 83, 84, 85, 86
Owner address: 207 Ingrid Place, Carnegie
Lot & block: 65 -C -92
Property address: 200 Ingrid Place, Carnegie
Description: One story brick house
Assessment: $12,500.00
b. Owner: John DeFonso /John Oliver -1980, 82, 83, 84, 85, 86
Owner address: #2 West Mall Plaza, Carnegie
Lot & block: 66 -K -112
Property address: 117 Patterson Avenue, Carnegie
Description: Two story frame aluminum house and garage
Assessment: $9,500.00
c. Owner: John DeFonso /Roseanne - 1981
Owner address: #2 West Mall Plaza, Carnegie
Lot & block: 103 -S -160
Property address: 447 Beechwood Avenue, Carnegie
Description: Two story frame house
Assessment: $9,450.00.
d. Owner: John DeFonso - 1983
Owner address: #9 East Mall Plaza, Carnegie
Lot & Block: 103 -P -238
Property address: 314 Fifth Avenue, Carnegie
Description: Two story frame house
Assessment: $7,950.00
e. Owner: John DeFonso - 1984, 85, 86
Owner address: 110 East Mall Plaza, Carnegie
Lot & Block: 103 -S -198
Property address: 602 Trimble Avenue
Description: Two story STN house
Assessment: $8,500.00
14. Properties recorded in the deed registry blotter, for the
Borough of Carnegie, as owned by John Oliver /John DeFonso, in
the years 1980 through and including 1986 are as follows:
a. Owner: J. Oliver /John DeFonso - 1980, 81, 82, 83,
84, 85, 86
Owner address: #2 West Mall Plaza, Carnegie
Lot & block: 103 -P -200
Property address: 418 -420 Fifth Ave., Carnegie
Description: One half -two story double house and one
car garage; one half -two story double
frame house and one car garage
Assessment: $8,000.00
V. Luddy Homa
April 27, 1992
Page 10
b. The owner address in sub section (a) changes in 1985 from
#2 West Mall Plaza, Carnegie, to 110 East Mall Plaza,
Carnegie.
c. Owner: John DeFonso /John Oliver - 1981
Owner address: 9 East Mall Plaza, Carnegie
Lot & block: 102 -H -162
Property Address: 118 Lee Street, Carnegie
Description: Two story frame house; two story
connected block garage and apartment.
Assessment: $10,000.00
15. Properties recorded in the deed registry blotter, for the
Borough of Carnegie, as owned by Leonard DeFonso, co -owner of
Plaza Realty, in the years 1980 through and including 1986 are
as follows:
a. Owner: Leonard DeFonso /Amanda - 1980, 82, 83, 84, 85, 86
Owner address: 110 East Main Street, Carnegie
Lot & Block: 65 -A -220
Property address: 319 California Ave., Carnegie
Description: One story brick house and garage
Assessment: $14,500.00
b. Owner: Leonard DeFonso /Amanda - 1980, 82, 83, 84, 85, 86
Owner address: 110 East Main Street, Carnegie
Lot & Block: 65 -A -260
Property address: Franklin Avenue, Carnegie
Description: Land
Assessment: $200.00
c. Owner: Leonard DeFonso /Amanda - 1980, 82, 83, 84, 85, 86
Owner address: 110 East Main Street, Carnegie
Lot & block: 65 -A -274
Property address: Federal Avenue, Carnegie
Description: Land
Assessment: $370.00
d. Owner: Leonard DeFonso /Amanda - 1980, 82, 83, 84, 85, 86
Owner address: 110 E. Main St., Carnegie
Lot & Block: 66 -E -273
Property address: Anthony Street, Carnegie
Description: Land
Assessment: $300.00
e. Owner: Leonard DeFonso - 1980, 82, 83, 84, 85, 86
Owner address: 110 East Main Street, Carnegie
Lot & block: 102 -C -84
Property address: 204 -212 Third Street, Carnegie
Description: 204 -Two story frame hotel; 210 two story
V. Luddy Boma
April 27, 1992
Page 11
frame house; 212 - two story frame house
Assessment: $12,200.00
f. Owner: Leonard DeFonso /Amanda - 1980, 82, 83, 84, 85, 86
Owner address: 110 East Main Street, Carnegie
Lot & block: 103 - D -191
Property address: 458 Morrow Avenue, Carnegie
Description: Two story frame house and two story frame
garage and apartment
Assessment: $7,900.00
g. Owner: Leonard DeFonso - 1980, 82, 83, 84, 85, 86
Owner address: #7 West Mall Plaza, Carnegie
Lot & block: 103 -M -247
Property address: Brown Avenue, Carnegie
Description: Two story brick office building
Assessment: $21,000.00
h. Owner: Leonard DeFonso /Amanda - 1980, 82, 83, 84, 85, 86
Owner Address: 18 West Main St., Carnegie
Lot & block: 103 -M -322
Property Address: 110 E. Main Street, Carnegie
Description: Brick shop
Assessment: $8,770.00
i. Owner: Leonard DeFonso - 1980, 82, 83, 84, 85, 86 Owner
Address: 110 East Main St., Carnegie
Lot & block: 103 -P -24
Property address: 7th Avenue, Carnegie
Description: Land
Assessment: $230.00
j
Owner: Leonard DeFonso - 1980, 82, 83, 84, 85, 86
Owner address: 18 West Main Street, Carnegie
Lot & block: 103 -P -46
Property address: 414 -418 Sixth Ave., Carnegie
Description: Two story tile apartment house and
garages.
Assessment: $8,500.00
k. Owner: Leonard DeFonso - 1981
Owner address: 110 East Mall Plaza, Carnegie
Lot & block: 103 -A -20
Property address: Carnegie Road, Carnegie
Description: Land
Assessment: $2,500.00
1. Owner: Leonard DeFonso - 1981
Owner address: 10 East Mali Plaza, Carnegie
Lot &'block: 103 -F -42
V. Luddy Homa
April 27, 1992
Page 12
Property address: Run Street, Carnegie
Description: Land
Assessment: $900.00
m. Owner: Leonard DeFonso - 1981
Owner address: 210 East Mall Plaza, Carnegie
Lot & block: 103 -K -294
Property address: 8th Avenue, Carnegie
Description: Land
Assessment: $1,800.00
n. Owner: Leonard DeFonso - 1981
Owner address: 110 East Mall Plaza, Carnegie
Lot & block: 103 -K -338
Property address: None
Description: Land
Assessment: $350.00
o. Owner: Leonard DeFonso - 1981
Owner address: 21 East Main Street, Carnegie
Lot & block: 103 -L -69
Property address: East Main Street, Carnegie
Description: Two story brick and frame building and
storage
Assessment: $32,750.00
p. Owner: Leonard DeFonso /Amanda - 1981
Owner address: #9 East Mall Plaza, Carnegie
Lot & block: 103 -M -334
Property address: East Main Street, Carnegie
Description: Four story brick building
Assessment: $50,850.00
q.
Owner: Leonard DeFonso /Amanda - 1981
Owner address: #9 East Mali Plaza, Carnegie
Lot & block: 103 -R -108
Property address: 203 West Main Street, Carnegie
Description: Three story brick house
Assessment: $8,500.00
r. Owner: Leonard DeFonso /Amanda - 1981
Owner address: #9 East Mall Plaza, Carnegie
Lot & block: 103 -R -150
Property address: 23 -25 West Main St., Carnegie
Description: One and two story brick and STL storage
building
Assessment: $26,300.00
s. Owner: Leonard DeFonso - 1982, 83, 84, 85, 86
Owner address: #9 East Mall Plaza, Carnegie
V. Luddy Homa
April 27, 1992
Page 13
Lot & block: 103 -G -123
Property address: 212 Railroad Ave., Carnegie
Description: Two story frame house
Assessment: $6,200.00
t. Owner: Leonard DeFonso - 1985, 86
Owner Address: 110 East Mall Plaza, Carnegie
Lot & Block: 103 -R -324
Property address: 415 Elk Avenue, Carnegie
Description: Two story frame house and out building
Assessment: $8,100.00
16. Available records of the Borough of Carnegie Building
Inspection and Zoning Office include the following
certificates of occupancy issued between 1985 and 1986 for
properties owned by Vladimer Luddy Homa and Leonard DeFonso.
a. Date: December 18, 1985
Address: 617 W. Main Street
Type of Structure: Two Story Brick
Commercial
Owner: Vladimer Luddy Homa
Tenant or Lessee: John F. Crouse and Company, Inc.
b. Date: January 16, 1985
Address: 110 E. Mall Plaza
Type of Structure: Two Story Brick, Wood
Owner: Leonard DeFonso
Tenant or Lessee: Evelyn Schmidt
c. Both certificates were issued by Vladimer Homa.
17. Vladimer Luddy Homa also issued as Building Inspection and
Zoning Officer the following certificates of occupancy for
properties owned by him:
a. Date: January 3, 1985
Address: 411 6th Avenue
Type of Structure: Two Story Brick, residential
Tenant or Lessee: Cynthia Peluso and Jim
b. Date: January 18, 1988
Address: 411 6th Avenue
Type of Structure: Two Story Brick, residential
Tenant or Lessee: Mike Fondling
1) Approved by Home, as Zoning Officer
2) Homa retired as Zoning Officer on or around April,
1986 (see Finding la).
V. Luddy Homa
April 27, 1992
Page 14
18. Only one property was jointly owned by John DeFonso and
Vladimer Luddy Homa.
a. The property located on Chestnut Street, was vacant land.
b. The Chestnut Street property was purchased in or around
1985.
c. The property was sold in 1987 and Homa received $ 5 , 6 5 0.0 0
in sales commission.
1. The property was still vacant land when it was
sold.
2. The above commission may reflect Homa's gain on the
sale of the property.
d. Homa did not issue any type of permit relating to this
property.
e. No permit of any type was required during the time that
Homa and DeFonso owned the property.
19. No permits were required for vacant land.
20. Mr. Homa's real estate occupation was part time, and he may
have sold three or four houses in ten years.
a. He was a non - active licensed agent.
b. He was compensated on a commission basis only if he sold
houses.
21. Vladimer Homa did not actively enforce the occupancy permit
requirement.
a. He did not have time to ride around and look for new
occupancies.
b. He would take the applications when filed, inspect the
property, and issue the occupancy permit.
22. Although there are various properties owned by John and Leonid
DeFonso, there was no evidence that permits were required to
be issued and were not.
23. An audit of the Statements of Financial Interest on file with
the Carnegie Borough Secretary include the following in regard
to Vladimer Luddy Homa:
V. Luddy Roma
April 27, 1992
Page 15
a. Filing date: May 5, 1989:
For the Year: (Blank)
Source of income: Greek Catholic Union of Beaver
County; Koger of Florida; storage in Washington County.
Office or directorship: Plaza Realty - salesman.
Real Estate Interests: Lots on Arch Street, house,
also 6th Avenue house and house
in Florida.
All other financial interest category: None.
b. Filing date: April 6, 1988.
For the year: (Blank)
Source of income: Roger Agency of Florida, 44 6th
Avenue - rent.
Real estate interest: 340 Sarasota Street; 411 6th
Avenue; 631- 629 - 627 - 625 -619
Arch Street lots.
1. Homa received a sales commission in the amount of
$5,650.00 in December, 1987, from Plaza Realty for
the sale of a property on Chestnut Street,
Carnegie.
2. The property was jointly owned by Homa and John
DeFonso.
3. Homa could not say how much of this amount was gain
on the sale of the property and how much may have
been commission.
4. Homa did not know whether he received a commission
for the sale of the Chestnut Street property.
c. Filing date: Not listed.
For the year: (Blank)
Source of Income: Koger Partnership of Jacksonville
Florida; Strabane Storage
Association of Carnegie,
Pennsylvania.
Real estate interest: House at 411 6th Avenue; lots
304 Run Street, 629 - 625 -622
Arch Street.
All other financial interest categories: None.
24. Records of the Carnegie Borough Secretary include reminder
letters sent to elected /appointed officials who were required
to file statements of financial interests.
a. Vladimer Luddy Homa was included in these letters as
Building Inspector and Zoning Officer.
V. Luddy Homa
April 27, 1992
Page 16
b. Letters on file are dated: 3/882; 3/2/83; and 3/1/84.
25. Additional Statements of Financial interests were supplied
during respondent interview (Homa- 11 /14/91) which include the
following:
a. Filing date: February 3, 1984
For the year: Blank
Sources of Income: Unreadable (copy made from the
green carbon copy of the form).
Occupation: Stationary Engineer
Real Estate Interests: Unreadable
All other Financial Interest categories: None
b. Filing date: February 10, 1990
For the year: 1989
Sources of Income: Plaza Realty (1,064.00); Roger
Partnership - Florida; limited
partnership Strabane Storage; Wife's
Income - Kane Hospital
Real Estate Interests: Lots on Arch St. - 617, 625,
627, 631; 629 Arch St; 411 6th
Avenue.
All other Financial Interest Categories: None
c. Filing date: February 7, 1991
Form is unreadable.
d. These forms were not on file with the Borough.
26. Vladimer Luddy Homa filed amended statements of financial
interests for the years 1983, 1984, 1985 and 1986 as follows:
a. Filing date: November 19, 1991
For the year: 1983
Sources of Income: Borough of Carnegie, Commonwealth of
Pennsylvania, Roger Partnership
Limited, and rental income.
Real estate Interests: 617 West Main St; 411 6th
Avenue; 409 6th Avenue.
A11 other Financial Interest Categories: None
b. Filing date: November 19, 1991
For the year: 1984
Sources of Income: Borough of Carnegie, Commonwealth of
Pennsylvania; Koger Partnership
Limited; rental income.
Real Estate Interests: 617 West Main Street, Carnegie;
411 6th Street, Carnegie; 409
6th Street, Carnegie.
V. Luddy Homa
April 27, 1992
Page 17
All other Financial Interest Categories: None
c. Filing date: November 19, 1991
For the year: 1985
Sources of Income: Borough of Carnegie; Commonwealth of
Pennsylvania; Roger Partnership
Limited; Mellon Bank.
Real Estate Interests: 617 West Main Street, Carnegie;
411 6th Street, Carnegie; 409
Sixth Street, Carnegie
d. Filing date: November 19, 1991
For the year: 1986
Sources of Income: Borough of Carnegie; Commonwealth of
Pennsylvania; Roger Partnership
Limited; First National Bank;
Frigtronics, Incorporated- stock.
All other Financial Interest Categories: None
III. DISCUSSION:
1. Homa did not include income from Plaza Realty.
According to John DeFonso's records, Homa earned
$600.00 in listing commission on the sale of a
property on Vine Street, Carnegie.
As a Building Inspector for Carnegie Borough, Allegheny
County, Pennsylvania, V. Luddy Homa, hereinafter Homa, is a public
employee as that term is defined in the Ethics Act, 65 P.S. 5402;
51 Pa. Code 51.1. As such, his conduct is subject to the
provisions of the Ethics Act and the restrictions therein are
applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989, P.L. 26, provides, in part, as follows:
"This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
of the violation occurred prior thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the
V. Luddy Homa
April 27, 1992
Page 18
provisions of Act 170 of 1978, P.L. 883, to determine whether the
Ethics Act was violated.
Under Section 3(a), quoted above, this Commission has
determined that use of office by a public official to obtain a
financial gain for himself or a member of his immediate family or
a business with which he is associated which is not provided for in
law transgresses the above provision of law. Thus, use of office
by a public official to obtain a financial gain which is not
authorized as part of his compensation is prohibited by Section
3(a): Hoak /McCutcheon v. State Ethics Commission, 77 Pa. Commw.
Ct. 529, 466 A.2d 283 (1983); Yacobet v. State Ethics Commission,
109 Pa. Commw. Ct. 432 531 A.2d 536 (1987). Similarly, Section
3(a) of the Ethics Act would prohibit a public official /employee
from using public office to advance his own financial interests;
Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19, 540 A.2d
1374 (1988).
Section 4(a) of Act 170 of 1978 quoted above requires that
each public official /public employee file a Statement of Financial
Interests (FIS) for each year that he holds public position and for
the year after he leaves such position.
The allegation before us is that Homa violated Section 3(a) of
Act 170 of 1978 quoted above regarding the failure to require
occupancy permits for properties owned by Homa and a real estate
partner and also as to the issuance of building permits to a real
estate partner. We also must decide whether Homa violated Section
4(a) of Act 170 of 1978 regarding the failure to timely file FIS's
for 1985 and 1986.
Homa served as the Building Inspector for Carnegie Borough
from 1968 until 1986 and as Zoning Officer between 1980 and 1986.
In a private capacity, Homa held a real estate license with Plaza
Realty which was solely owned by Leonard and John DeFonso. Homa
had no financial interest in Plaza Realty. As Zoning Officer Homa
had duties and responsibilities of issuing building permits, zoning
certificates, and occupancy permits as well as identifying and
registering all non - conforming uses within the municipality. An
occupancy permit is required by Carnegie Ordinance after completion
of construction or a change in structure with the occupancy permit
indicating that the use of the structure is in compliance with the
ordinance.
Homa's compensation as a Building Inspector /Zoning Officer was
based upon a percentage of the permit fee paid by the applicant.
For construction permits, Homa would receive 50% of the permit fee
with the maximum compensation allowable of $3000 as to any single
construction project. As Zoning Officer, Homa received 50% of the
permit fee except as to conditional use permits where his
V. Luddy Homa
April 27, 1992
Page 19
compensation would run from 1/6 to 1/2 the value of the permit fee.
As to the issuance of building permits to Leonard or John
DeFonso, who solely own Plaza Realty, it is clear that Homa had no
financial interest in such business. Accordingly, since the record
before us does not show any financial gain as to the issuance of
such building permits to a business with which Homa was associated,
we find no violation of Section 3(a) of Act 170 of 1978.
As to the matter of the occupancy permits, the evidence
establishes that Homa did not enforce occupancy permit requirements
but merely accepted those permit applications which were filed,
followed by an inspection and issuance of the permit. In addition,
as to any of the DeFonso properties, there is nothing of record to
show that occupancy permits would have been required in any event
(Fact Finding 22). As to properties owned by Homa or by Homa and
Leonard DeFonso, occupancy permits were issued (Fact Findings 16,
17). There was also one other property, consisting of vacant land,
which was owned by John DeFonso and Homa but a permit is not
required for vacant land (Fact Findings 18, 19). Therefore, we
find no violation of Section 3(a) of Act 170 of 1978 as to the
failure to issue occupancy permits.
As to Section 4(a) of Act 170 of 1978, we find a violation in
that Homa failed to timely file FIS's for the 1985 and 1986 years.
However, since there is no evidence of any intent by Homa to
conceal financial interests and since Homa has now filed, we will
take no further action in this matter provided that Homa files a
second amended FIS for the 1986 year which would list a $600
commission Homa received on a sale of a property as a real estate
agent.
IV. CONCLUSIONS OF LAW:
1. Vladimer Homa as a Carnegie Borough Building Inspector and
Zoning Officer is a public employee /public official as that
term is defined under Act 170 of 1978.
2. Homa did not violate Section 3(a) of Act 170 of 1978 regarding
his failure to issue occupancy permits as to properties owned
by himself or a real estate partner in that there is no
showing that any of the properties of the real estate
"partner" required occupancy permits and in that permits were
issued as to properties owned by Homa or as to property owned
by Homa and DeFonso.
3. Homa did not violate Section 3(a) of Act 170 of 1978 regarding
the issuance of building permits to a real estate "partner" in
that Homa had no financial interest in the real estate agency
V. Luddy Homa
April 27, 1992
Page 20
which was not a business with which Homa was associated.
4. Soma violated Section 4(a) of Act 170 of 1978 when he failed
to timely file Statements of Financial Interests for 1985 and
1986.
In re: V. Luddy Homa
ORDER NO. 843
: File Docket: 87 -021 -C
: Date Decided: April 23, 1992
: Date Mailed: April 27, 1992
1. Vladimer Homa as a Carnegie Borough Building Inspector and
Zoning Officer did not violate Section 3(a) of Act 170 of 1978
regarding his failure to issue occupancy permits as to
properties owned by himself or a real estate partner in that
there is no showing that any of the properties of the real
estate "partner" required occupancy permits and in that
permits were issued to as to properties owned by Homa or as to
property owned by Homa and DeFonso.
2. Homa did not violate Section 3(a) of Act 170 of 1978 regarding
the issuance of building permits to a real estate "partner" in
that Homas had no financial interest in the real estate agency
which was not a business with which Homa was associated.
3. Homa violated Section 4(a) of Act 170 of 1978 when he failed
to timely file Statements of Financial Interests for 1985 and
1986.
4. Homa is directed to file within thirty (30) days of issuance
of this Order an amended FIS for 1986 which lists a $600 real
estate commission which he received on the sale of a property.
5. The failure to comply with the requirement of Paragraph 4 will
result in a directive of this Commission to institute an order
enforcement action.
BY THE COMMISSION,
DENNIS C. HARRINGTON, CHAIR