HomeMy WebLinkAbout947 DinzeoBefore:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Victor Dinzeo File Docket: 94- 058 -C2
Date Decided: 12/15/94
Date Mailed: 12/27/94
James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
John R. Showers
The Investigative Division of the State Ethics Commission
conducted an investigation regarding a possible violation of the
State Ethics Law, Act 9 of 1989, P.L. 26, 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 not
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 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). Any person who violates
confidentiality of the Ethics Law 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). Confidentiality does not
preclude discussing this case with an attorney at law.
Dinzeo, 94- 058 -C2
Page 2
I. ALLEGATION:
That Victor Dinzeo, a public official, in his capacity as a
Commissioner for Wilkins Township, Allegheny County, violated the
following provisions of the State Ethics Act (Act 9 of 1989) when
he received expense reimbursement for attending annual conventions
in excess of the actual expenses incurred.
Section 3(a) of Act 9 of 1989 provides:
Section 3. Restricted Activities
II. FINDINGS:
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
§403(a).
Section 2. Definitions
"Conflict" or "conflict of interest."
Use by a public official or public employee of
the authority of his office or employment or
any confidential information received through
his holding public office or employment for
the private pecuniary benefit of himself, a
member of his immediate family or a business
with which he or a member of his immediate
family is associated. "Conflict" or "conflict
of interest" does not include an action having
a de minimis economic impact or which affects
to the same degree a class consisting of the
general public or a subclass consisting of an
industry, occupation or other group which
includes the public official or public
employee, a member of his immediate family or
a business with which he or a member of his
immediate family is associated. 65 P.S. §402.
1. On October 6, 1994, the Investigative Division of the State
Ethics Commission, based upon its own motion, initiated a full
investigation alleging that Respondent, Victor Dinzeo,
violated provisions of the Ethics Law.
2. Said investigation was based upon information received by the
Investigative Division of the State Ethics Commission, and
approval of the Executive Director of the State Ethics
Commission who authorized commencement of a full
investigation.
Dinzeo, 94- 058 -C2
Page 3
3. On October 6, 1994, a letter was forwarded to Respondent by
the Executive Director of the State Ethics Commission
informing Respondent of the fact that the Investigative
Division of the State Ethics Commission was commencing a full
investigation of the matter.
a. Said letter outlined the nature and scope of the
allegations and further delineated the applicable
sections of the Ethics Law in question.
b. Said letter was forwarded return receipt requested.
4. Victor Dinzeo has served as a Township Commissioner with
Wilkins Township since 1988.
5. Wilkins Township is a First Class Township and is a member of
the Pennsylvania State Association of Township Commissioners
(PSATC) .
6. Section 620 of the First Class Township Code which was adopted
in 1965 authorized the formation of a State Association of
Township Commissioners.
a. The association holds annual meetings or conventions at
a designated time and place within the Commonwealth, for
the purpose of discussing various questions and subjects
pertaining to the duties of township commissioners, and
for the purpose of devising uniform, economical and
efficient methods of administering the affairs of
townships.
b. The township commissioners and not more than three other
officers of the township designated by the township
commissioners may attend the annual meeting.
7. Section 622 of the First Class Township Code which was amended
on January 28, 1988, authorized the payment of expenses
incurred by the delegates be paid for by the townships when
attending the annual meetings of the State Association.
8. Each commissioner or delegate attending the annual meeting of
the State Association shall be allowed expenses which shall be
limited to the registration fee, mileage for use of personal
vehicle or reimbursement of actual transportation expense
going to and returning from such meetings, plus all other
actual expenses that the township commissioners may have
agreed to pay.
9. Every commissioner or delegate attending the annual meeting
shall submit an itemized account of expenses incurred.
Dinzeo, 94- 058 -C2
Page 4
10. The PSATC has held their annual conventions at the Mount Airy
Lodge in Mount Pocono, Pennsylvania since at least 1989.
11. The Wilkins Township Board of Commissioners has annually
authorized members of the Board to attend annual PSATC
conventions.
12. Victor Dinzeo attended the PSATC Conventions from 1991 through
1993 as a Wilkins Township Commissioner.
13. Dinzeo traveled in the same vehicle with Wilkins Township
Commissioner Francis Colonello when he attended the PSATC
Conventions in 1991, 1992 and 1993.
a. In 1991, Dinzeo traveled to the convention in Colonello's
personal vehicle.
b. In 1992, Dinzeo used his own personal vehicle.
14. In 1993, Dinzeo traveled with Colonello in a vehicle supplied
by #1 Cochran Automotive, an automobile dealership located in
Monroeville, Pennsylvania.
Arrangements to obtain the vehicle were made by Dinzeo,
who is a personal friend of the owner of the dealership.
#1 Cochran Automotive did not charge either Colonello or
Dinzeo for the use of the vehicle.
The vehicle loaned to Dinzeo was a customized full size
conversion van with a 33 gallon gas tank. When the van
was given to Dinzeo it had a full tank of gas.
15. Records of Wilkins Township reflect the following vouchers
submitted by Dinzeo for attendance at PSATC Conventions from
1991 through 1993:
a.
b.
c.
a. 1991
Departure 06/16/91
Return 06/19/91
Total mileage 640 miles @ $.27 per mile = $172.80
Room deposit 25.00
Hotel expense 425.00
Daily expenses
06/16/91
Porters & Bellman $20.00
Turnpike fees 13.88
Total $33.88
Total daily expenses
$ 33.88
Dinzeo, 94- 058 -C2
Page 5
Total expenses $656.68
b. 1992
c. 1993
Departure
Return
Per Diem 3 days up to $160.00 =
Total mileage - 730 miles @ $.28
Registration fee for conference
Total
Total advance payment
(Registration fee and $25.00 room
Total expenses
Departure
Return
Total mileage
Hotel expense
Total
Total advance payment (room deposit)
Total expenses
16. Dinzeo's expense vouchers contain his signature for each year
certifying that the expenses he had listed were proper and
actual expenses incurred.
17. Minutes of the Wilkins Township Commissioner meetings reflect
Dinzeo approved the payment of bills which included his
convention expenses as follows:
Meeting Date Check #
18. The total
attendance
a .
b.
c .
06/10/91
06/08/92
06/07/93
19. Dinzeo was
amount of
Convention
06/13/93
06/16/93
- 730 miles @ $.28 per mile
07248
00332
001377
06/21/92
06/24/92
Amount
$625.75
659.40
629.40
mileage reimbursement received by Dinzeo for his
at PSATC Conventions is as follows:
1991 - $172.80 (see Finding 15a)
1992 - 204.40 (see Finding 15b)
1993 - 204.40 (see Finding 15c)
$480.00
per mile $204.40
$100.00
$784.40
deposit) $125.00
$659.40
Action
Voted Yes
Voted yes
Voted yes
$204.40
450.00
$654.40
25.00
$629.40
entitled to receive mileage reimbursement in the
$204.40 for his attendance at the 1992 PSATC
20. Dinzeo was not entitled to receive mileage reimbursements for
Dinzeo, 94- 058 -C2
Page 6
his attendance at the 1991 and 1993 PSATC Conventions.
a. Dinzeo did not have any out of pocket expenses for
mileage to and from either convention.
Dinzeo was paid $172.80 in 1991 and $204.40 in 1993 for
mileage (see Findings 15a, 15c).
b.
21. Dinzeo was paid $13.88 in 1991 for turnpike fees as part of
his daily expenses even though he traveled to the PSATC
Convention in Colonello's personal vehicle. (See Findings
13a, 15a).
a. Colonello submitted turnpike fees on his expense voucher
for the 1991 PSATC Convention in the amount of $13.90.
22. Dinzeo received a financial gain
reimbursements, turnpike tolls, and
entitled to for his attendance at
Conventions:
a. 1991: $172.80 - Mileage
$ 13.88 - Tolls
b. 1993: $204.40 - Mileage
as follows for mileage
daily expenses he was not
the 1991 and 1993 PSATC
TOTAL: $391.08
23. Dinzeo believed that he was entitled to receive mileage
reimbursement even when traveling in Colonello's personal
vehicle.
24. Mr. Dinzeo voluntarily made expense reimbursement to Wilkins
Township in the amount of $391.08 by personal check number
696, dated October 20, 1994.
III. DISCUSSION:
As a Commissioner for Wilkins Township, Allegheny County,
Victor Dinzeo, hereinafter Dinzeo, 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
Dinzeo, 94- 058 -C2
Page 7
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 after the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 9 to determine whether the Ethics Act was
violated.
Under Section 3(a) of Act 9 of 1989 quoted above, a public
official /employee shall not engage in conduct that constitutes a
conflict of interest. The term "conflict of interest" is defined
above in the allegation.
The issue before us is whether Dinzeo violated Section 3 (a) of
Act 9 regarding the allegation that he submitted and received
expense reimbursement payments in excess of the actual expenses
incurred for attending the annual Pennsylvania State Association of
Township Commissioners (PSATC) Conventions.
Dinzeo has served a Wilkins Township Commissioner in Allegheny
County since 1988 and has attended the annual PSATC Conventions for
the years 1991. through 1993.
The First Class Township Code (Code) does allow for the
payments of expenses incurred by Township delegates who are
attending annual meetings of PSATC. The expenses which are
allowable are limited to the registration fee, mileage for use of
a personal vehicle or reimbursement of actual transportation
expenses plus any other actual expenses incurred by the township
commissioner.
For each attendance by Dinzeo at the annual PSATC Conventions
in 1991 through 1993, he submitted and received expense
reimbursements as set forth in Fact Finding 15. The focus of
concern as to such reimbursement centers upon the mileage
reimbursements. In this regard, Dinzeo used his own personal
vehicle in 1992, used a loaned vehicle without charge in 1993 and
travelled in Commissioner Colonello's vehicle in 1991. Although
Dinzeo did have mileage expenses in 1992 due to the utilization of
his own personal vehicle, Dinzeo did not have any mileage expenses
in 1991 or 1993; nevertheless, Dinzeo submitted and received
mileage reimbursements for 1991 and 1993. Both in 1991 and 1993
Dinzeo submitted and received mileage and toll expense
reimbursements totalling $391.08.
Dinzeo believed that he was entitled to mileage reimbursement
Dinzeo, 94- 058 -C2
Page 8
for the year 1991 even though he travelled in Colonello's personal
vehicle. Dinzeo voluntarily made reimbursement to the township in
the amount of $391.08.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the instant matter we are guided by the principle found in many
prior cases of this Commission that the receipt by a public
official /employee of a financial gain which is not authorized in
law constitutes a private pecuniary benefit in violation of Section
3(a) of Act 9 of 1989. Hessinger, Order 931. In the instant
matter, the Code limits reimbursement to actual transportation
expenses. Dinzeo did not have such actual transportation expenses
in 1991 and 1993. Accordingly, the receipt of that pecuniary
benefit is private and is violative of the Ethics Law.
Confidential Opinion, 91 -001; Hagen, Order 554 -R. Restitution in
this case is warranted; however, we note that Dinzeo has already
voluntarily made restitution to the Township.
Accordingly, based upon the totality of the facts and
circumstances of this case, we will take no further action.
IV. CONCLUSIONS OF LAW:
1. Victor Dinzeo as a Wilkins Township Supervisor, Allegheny
County is a public official subject to the provisions of Act
9 of 1989.
2. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Dinzeo received mileage reimbursements in 1991
and 1993 for attending the PSATC Conventions which were not
authorized in law so as to constitute a private pecuniary
benefit.
3. The private pecuniary benefit received by Dinzeo as to the
violation referred in paragraph 2 is $391.08.
In Re: Victor Dinzeo File Docket: 94- 058 -C2
Date Decided: 12/15/94
Date Mailed: 12/27/94
ORDER NO. 947
1. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Victor Dinzeo as a Wilkins Township Supervisor,
Allegheny County, received mileage reimbursements in 1991 and
1993 in the total amount of $391.08 which were not authorized
in law so as to constitute a private pecuniary benefit for
attending the PSATC Conventions.
2. Since Dinzeo has made restitution in the amount of $391.08,
this Commission will take no further action based upon the
totality of facts and circumstances.
BY THE COMMISSION,
JAMES M. HOWLEY,