HomeMy WebLinkAbout868 PacentaSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG PENNSYLVANIA 17120
In re: Anthony Pacenta : File Docket: 90 -024 -C
: Date Decided: December 10, 1992
: Date Mailed: December 15, 1992
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
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
S2.38.
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).
Pacenta, 90 -024 -C
Page 2
I. ALLEGATION:
That Anthony Pacenta, former Mayor of the City of Pottsville,
Schuylkill County, violated the following provisions of the State
Ethics Act (Act 170 of 1978), when he failed to file Statements of
Financial Interests for the 1985, 1986 and 1987 calendar years:
Section 4. Statement of Financial Interests
required to be filed.
(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. 65
P.S. §404(a).
II. FINDINGS:
1. Anthony Pacenta served as Mayor of the City of Pottsville from
February, 1983 through December, 1989.
a. Pacenta also served as a member of Pottsville City
Council from January, 1981 until February, 1983.
2. While serving as a member of Council and Mayor, Pacenta filed
Statements of Financial Interests as follows:
a. February 24, 1981 - as a candidate for. Council.
b. March 10, 1985 - as a member of Council and candidate for
the office of Mayor.
c. February 17, 1989 - as Mayor and candidate for the office
of Mayor.
3. Records of the City of Pottsville confirm additional
Statements of Financial Interests filed by Pacenta after
leaving public office.
a. April 20, 1990 - for the 1987 calendar year.
b. April 20, 1990 - for the 1988 calendar year.
Pacenta
Page 3
4. The
20,
6.
a .
b.
c .
d.
5. On July 31, 198 Pacenta and Valerie Land, Pacenta's wife,
received a $12,000 loan-from Edward Keese and Mary Keese.
a .
b.
c .
The
a. .
b.
90 -024 -C
Statement of Financial Interests filed by Pacenta on April
1990 for the 1987 calendar year disclosed the following:
11.0 %
9.5 %
Home Savings & Loan
Merchants Bank, N.A.
Schuylkill Haven Trust
Co. Prime + 1 %
Sources of Income: Self (DDS)
- Office or Directorship
or Employment in Any Business: None
Financial Interest in. Any Legal
Entity in Business for Profit: None
Creditors:
Edward Reese is an individual who had contracts with the
city of Pottsville for the rental of police vehicles.
The term of note was one (1) year at a rate of 13.6 % per
annum.
Installment payments were to begin on. September 1, 1986.
1) - Payments of $500 were due on September 1, 1986 and
October 1, 1986. ,
2) Beginning November 1, 1986, monthly payments were
due in the amount of $1,190.22 until the balance
was paid in full.
loan was not repaid until 1987.
A balance in excess of $5,000 was owed as of January 1,
1987.
This loan balance was not reported by Pacenta on the
Statement of Financial Interests filed on April 20, 1990
for. the 1987 calendar year.
7. There are no Statements of Financial Interests on file with
the City of Pottsville for Anthony Pacenta for the 1985 and
1986 calendar years, the years he was serving as Mayor of the
City of Pottsville.
a. Pacenta has now filed amended Statements of Financial
Interests for the calendar years 1986 and 1987 which
lists the Keese loan.
Pacenta, 90 -024 -C
Page 4
8. There is no Statement of Financial Interests on file with the
City of Pottsville for Anthony Pacenta for the 1989 calendar
year which was due to be filed by May 1, 1990, the year after
he left office.
9. On November 30, 1992, Pacenta filed 1988 and 1989 calendar
year Statements of Financial Interests with this Commission.
III. DISCUSSION:
As the former Mayor of the City of Pottsville, Schuylkill
County, Anthony Pacenta, hereinafter Pacenta, was a public official
as that term is defined in the Ethics Act, 65 P.S. S402; 51 Pa.
Code S1.1. 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
provisions of Act 170 of 1978, P.L. 883, to determine whether the
Ethics Act was violated.
Section 4(a) of the Ethics Act quoted above requires that each
public employee and each public official (Kremer v. State Ethics
Commission, 56 Pa. Commw. 160, 424 A.2d 968 (1981)) must file a
Statement of Financial Interests for the preceding calendar year
and each year that he holds such position and for the year after he
leaves such position.
The issue before us in this case is whether Pacenta as a Mayor
of the City of Pottsville violated Section 4(a) of Act 170 of 1978
regarding his failure to file Statements of Financial Interests
(FIS's) for the calendar years 1985 through 1987.
Factually, Pacenta served as Pottsville Mayor from February,
1983 through December, 1989, and Council Member on Pottsville City
Council from January, 1981 through February, 1983. Although
Pacenta filed FIS's in the years 1981, 1985 and 1989 as a candidate
Pacenta, 90 -024 -C
Page 5
for office, he did not file FIS's
and 1989. Pacenta did file FIS'
years which 'are dated April 20
Pacenta filed FIS's for the 1985
for the calendar years 1985, 1986
s for the 1987 and 1988 calendar
, 1990. On November 30, 1992,
and 1989 calendar years.
On July 31, 1986, Pacenta and his wife received a $12,000 loan
from Edward and Mary Keese. The term of the loan was for a period
of one year at the rate of 13.6% interest. Payments began on the
loan on September 1, 1986 and continued until the loan was repaid
in 1987. In the 1987 calendar year FIS filed by Pacenta, the loan
was not listed on the category of creditors. However, Pacenta has
now filed amended FIS's for the calendar years 1986 and 1987
listing the Reese loan. Pacenta has now filed FIS's for the
calendar years 1985 and 1989.
In applying the provisions of Section 4(a) of Act 170 of 1978
quoted above, we find a violation of Section 4(a) in that Pacenta
did not file or timely file FIS's for the calendar years 1985, 1986
and 1987 based upon the findings above.
In light of the fact that there is no evidence of record to
indicate that the failure to file or the failure to list the loan
was done intentionally or for the purpose of concealing financial
interests, we will take no further action.
IV. CONCLUSIONS OF LAW:
1. Anthony Pacenta as the Mayor of the City of Pottsville was a
public official subject to the provisions of Act 170 of 1978.
2. Pacenta violated Section 4(a) of Act 170 of 1978 by failing to
timely file Statements of Financial Interests for the calendar
years 1985, 1986 and 1987.
In re: Anthony Pacenta
ORDER NO. 868
File Docket: 90 -024 -C
Date Decided: December 10, 1992
Date Mailed: December 15, 1992
1. Anthony Pacenta as the Mayor of the City of Pottsville
violated Section 4(a) of Act 170 of 1978 by failing to file or
timely file Statements of Financial Interests for the calendar
years 1985, 1986 and 1987.
BY THE COMMISSION,
JAMES M. HOWLEYR