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Home My WebLink About927 ItriSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Henry J. Itri File Docket: 92- 020 -C2 Date Decided: 06/23/94 Date Mailed: 06/30/94 Before: James M. Howley, Chair Daneen E. Reese, Vice Chair Roy W. Wilt Austin M. Lee Allan M. Rluger The Investigative Division of the State Ethics Commission received a complaint regarding a possible violation of the State Ethics Act, Act 9 of 1989, 65 P.S. §401 et seq. 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 agreement 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 §21.29(b). The files in this case will remain confidential in accordance with Act 9 of 1989, 65 P.S. §408(h) 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). Itri, 92- 020 -C2 Page 2 I. ALLEGATION: The Pennsylvania State Ethics Commission has reviewed the allegation(s) that Henry J. Itri, an elected Member of the Municipal Council of Monroeville, has violated the following section(s) of the Public Officials and Employees Ethics Law, (Act 9 of 1989) when he failed to disclose the receipt of gifts on Statements of Financial Interests: Section 5. Statement of Financial Interests (b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement. (6) The name and address of the source and the amount of any gift or gifts valued in the aggregate of $200 or more and the circumstances of each gift. This paragraph shall not apply to a gift or gifts received from a spouse, parent, parent by marriage, sibling, child, grandchild, other family member or friend when the circumstances make it clear that the motivation for the action was a personal or family relationship. However, for the purposes of this subsection, the term "friend" shall not include a registered lobbyist or an employee of a registered lobbyist. This paragraph shall not be applied retroactively. 65. P.S. 405(b). II. FINDINGS: 1. Henry Itri (Itri) has served as an elected Member of the Municipal Council of Monroeville, a Home Rule Charter Municipality, since January, 1986. 2. As a Member of the Monroeville Municipal Council, Itri is a public official subject to the provisions of the Public Official and Employee Ethics Law, Act 170 of 1978, as amended by Act 9 of 1989. through February 2, 1990. 3. Turnberry Isle Associates a /k /a Turnberry Associates have interests in the Monroeville Mall, Monroeville, Pennsylvania and Turnberry Isle Yacht and Country Club ( Turnberry Isle), North Miami, Florida. 4. Itri also stayed at Turnberry Isle from January 12, 1990 Itri, 92- 020 -C2 Page 3 5. The total charge for Itri's stay at Turnberry Isle in 1990 was $6,343.31. 6. Itri paid the amount of $3,467.96 to Turnberry Isle for his stay in 1990. 7. Itri received a discount in the amount of $2,875.35 in connection with his stay at Turnberry Isle in 1990. 8. The Ethics Law requires the receipt of discounts such as the one Itri received to be listed on the Statement of Financial Interests for the year in which it is received. 9. Itri failed to list the receipt of the discount from Turnberry Isle on his Statement of Financial Interests for the calendar year 1990, which Statement was dated October 4, 1991, filed with the Municipality of Monroeville October 7, 1991 and received by the State Ethics Commission on October 11, 1991. 10. Itri, was unaware that the receipt of the discount was to be reported on his Statement of Financial Interests for the year 1990 because he believed this type of discount was generally available in the resort industry, and his failure to so list the discount was inadvertent. 11. Upon the matter being brought to Itri's attention, he subsequently amended his Statement of Financial Interests in June, 1994, which Amended Statement indicates the receipt of the discount received from Turnberry Isle. III. DISCUSSION As an elected Member of the Municipal Council of Monroeville, Henry J. Itri, hereinafter Itri, is a public official as that term is defined under Act 9 of 1989. 65 P.S. §402. As such, his conduct is subject to the provisions of the Ethics Law and the restrictions therein are applicable to him. Initially, it is noted that Section 9 of Act 9 of June 26, 1989 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 Itri, 92- 020 -C2 Page 4 of the violation occurred prior thereto. Since the occurrences in this case transpired after effective date of Act 9 (June 26, 1989), we must apply provisions of Act 9 to determine whether the Ethics Act violated. the the was Section 5(b of Act 9 of 1989 quoted in the allegation requires that every public official /employee and candidate list the name and address of the source and amount of any gift valued in the aggregate of $200 or more and the circumstances of each gift. The issue before us is whether Itri violated Section 5(b)(6) of Act 9 of 1989 regarding the allegation that he failed to disclose the receipt of a gift on his Statement of Financial Interests (FIS). 1986. Itri has served as a Monroeville Councilmember since January, Turnberry Isle Associates a /k /a Turnberry Associates has interests in the Monroeville Mall in Monroeville, Pennsylvania and the Turnberry Isle Yacht and Country Club ( Turnberry Isle) in North Miami, Florida. From January 12, 1990 through the Turnberry Isle. Although the Turnberry Isle was $6,343.31, Itri received a discount in the amount February 2, 1990 Itri stayed at total charge for Itri's stay at only paid $3,467.96. Thus, Itri of $2,875.35. A review of the FIS filed by Itri for the calendar year 1990 reflects that he failed to list as a gift the receipt of the discount from Turnberry Isle. Itri was unaware that the receipt of the discount had to be reported on his FIS because he believed that this type of discount was generally available in the resort industry. Itri has filed an amended FIS in June of 1994 which reflects the receipt of the discount received from Turnberry Isle. In applying the provisions of Section 5(b)(6) of the Ethics Law to the instant matter, we find a technical violation as to Itri's failure to file the discount received from Turnberry Isle on his 1990 calendar year FIS. See Medico, Order 822. However, in light of the fact that Itri has filed an amended FIS listing the gift and based upon the totality-of the facts and circumstances, we will take no further action. IV. CONCLUSIONS OF LAW: 1. Henry J. Itri, as a Member of the Monroeville Municipal Itri, 92- 020 -C2 Page 5 Council, is a public official subject to provisions of Act 9 of 1989. 2. A technical violation of Section 5(b)(6) of Act 9 of 1989 occurred when Itri failed to list on his 1990 calendar year PIS a gift consisting of a discount received for his stay at Turnberry Isle. In Re: Henry J. Itri File Docket: 92- 020 -C2 Date Decided: 06/23/94 Date Mailed: _96,[19194 ORDER NO. 927 1. A technical violation occurred by Itri, a Monroeville Municipal Council Member, when he failed to list on his 1990 calendar year Statement of Financial Interests a gift consisting of a discount received for his stay at Turnberry Isle. 2. Based upon the filing of an amended Financial Interests Statement by Itri and the totality and facts and circumstances, we will take no further action in this case. BY THE COMMISSION, JAMES M. HOWLS , CHAIR