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HomeMy WebLinkAbout044-S DinkoIN RE: GREGORY D. DINKO Respondent STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Before: James M. Howley, Chair Daneen E. Reese, Vice Chair Roy W. Wilt Austin M. Lee Allan M. Kluger File Docket: 92 -072 -P Date Decided: December 10, 1992 Date Mailed: December 15, 1992 The State Ethics Commission received information regarding possible violation(s) of Section 4 and /or Section 5 of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, 65 P.S. §401 et seq. Written Notice was mailed to Respondent in accordance with Section (7)(5) of the Ethics Law, as to which there was no response. A Notice and Order to Show Cause was issued and served upon Respondent. An Answer was not filed and a hearing was deemed waived. The record is complete. This adjudication of the Commission is hereby issued, which sets forth Findings of Fact, Discussion, Conclusions of Law and Order. This Adjudication is final and is a public document. Reconsideration may be requested. 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 SS2.38(b),(c). Gregory D. Dinko December 15, 1992 Page 2 I. FINDINGS: 1. Respondent Gregory D. Dinko is an adult individual who resides or maintains a mailing address at 429 4th Avenue, Ford City, Pennsylvania 16226. 2. Respondent is now and at all times relevant to these proceedings has been the Mayor of Ford City Borough, Pennsylvania. (a) Respondent specifically held the aforesaid position in 1991. 3. Respondent did not file a Statement of Financial Interests for calendar year 1990 with Ford City Borough on or before May 1, 1991. Following Notice of the delinquency issued to Respondent by this Commission on May 4, 1992, Respondent filed a Statement of Financial Interests for calendar year 1990 dated May 15, 1992 with Ford City Borough, which Statement of Financial Interests is deficient as follows: Specifically, Respondent: (a) Failed to complete Block 11 of the form wherein, pursuant to Section 5(b)(5) of the Ethics Law, Respondent was required to disclose the name and address of any direct or indirect source of income totalling in the aggregate $1000 or more, subject to certain statutory exceptions; (b) Failed to complete Block 13 of the form wherein, pursuant to Section 5(b)(7) of the Ethics Law, Respondent was required to disclose the name and address of the source and amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses for transportation, lodging or hospitality exceed $500 in the course of a single occurrence, subject to certain statutory exceptions; (c) Failed to disclose his ownership of "Greg's Garage" in Block 15 of the form wherein, pursuant to Section 5(b)(9) of the Ethics Law, Respondent was required to disclose any "financial interest" in any legal entity engaged in business for profit, as defined in the Ethics Law; and (d) Failed to complete Block 16 of the form wherein, pursuant to Section 5(b)(10) of the Ethics Law, Respondent was required to disclose the identity of any "financial interest" in a business, as defined in the Ethics Law, which Respondent transferred to a member of his immediate Gregory D. Dinko December 15, 1992 Page 3 family. 4. A first Notice letter dated June 22, 1992 and a second Notice letter dated August 31, 1992 were served upon Respondent by this Commission. The said Notice letters stated in detail the specific allegations against Respondent concerning the deficiency of Respondent's Statement of Financial Interests for calendar year 1990 and the penalties for failure to file or for filing a deficient Statement of Financial Interests. to The said Notice letters provided Respondent an opportunity by avoid the institution of these civil penalty proceedings filing an accurate and r °1990twithint twenty of Interests for calendar year the dates of the respective Notice letters. Financial 5. Respondent did not file Boa� Borough for d calendar e year f 19 99 0 before Interests with Ford City g the expiration of twenty days from the date of the said final Notice letter. II. DISCUSSION: Respondent is now and at all times relevant to these proceedings has been the Mayor of Ford aforesaid Borough, g penns Respondent specifically held As the Mayor of Ford City Borough, Pennsylvania, Respondent is a "public official" as that term is defined under r•the ublic G Official and Employee Ethics Law ( "Ethics Law "), 65 P.S. § 0 1 the seg., and as such, Respondent is subject to the provisions Ethics Law. Pursuant required preceding holds the position: to Section 4(a) of the Ethics Law, Respondent is to file a Statement of Financial Interests for the calendar year with Ford City Borough each year Respondent above position and the year after Respondent leaves said (a) 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 public employee and public official of the Commonwealth shall file a statement of financial interests for he preceding or ei calenar year with the department, agency, body in which he is employed or to which he is appointed or elected no later than May 1 of each year that he holds a such a position and of the year after he leaves such official position. Any other public employee or public Gregory D. Dinko December 15, 1992 Page 4 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 P.S. §404(x). Section 4(d) of the Ethics Law provides: (d) No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests as required by this act. 65 P.S. S404(d). The complete financial disclosure which Respondent as a "public official" is required to provide in the Statement of Financial Interests form is statutorily mandated in detail at Section 5 of the Ethics Law, 65 P.S. §405. The pertinent provisions of Section 5 which set forth the disclosure requirements applicable to this case are as follows: (a) The statement of financial interests filed pursuant to this act shall be on a form prescribed by the commission. All information requested on the statement shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or equivalent affirmation. (b) The statement shall include the following information for the prior calendar year with regard to the person required to file the statement. or indirect name ect source of and income totalling direct in the aggregate $1,000 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics or common law privileges. Gregory D. Dinko December 15, 1992 Page 5 * * * (7)(i) The name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses for transportation and lodging or hospitality exceed $500 in the course of a single occurrence. This paragraph shall not apply to expenses reimbursed by a governmental body, or to expenses reimbursed by an organization or association of public officials or employees of political subdivisions which the public official or employee serves in an official capacity. (ii) This paragraph shall not be applied retroactively. (9) Any financial interest in any legal entity engaged in business for profit. (10) The identity of any financial interest in a business with which the reporting person is or has been associated in the preceding calendar year which has been transferred to a member of the reporting person's immediate family. 65 P.S. SS405(a); (b)( ( ( (10). Factually, Respondent filed a deficient Statement of Financial Interests for calendar year 1990 with Ford City Borough, which constitutes a failure to comply with Section 5 of the Ethics Law. The deficiencies of the said Statement of Financial Interests are as follows: Specifically, Respondent: (a) Failed to complete Block 11 of the form wherein, pursuant to Section 5(b)(5) of the Ethics Law, Respondent was required to disclose the name and address of any direct or indirect source of income totalling in the aggregate $1000 or more, subject to certain statutory exceptions; (b) Failed to complete Block 13 of the form wherein, pursuant Gregory D. Dinko December 15, 1992 Page 6 to Section 5(b)(7) of the Ethics Law, Respondent was required to disclose the name and address of the source and amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses for transportation, lodging or hospitality exceed $500 in the course of a single occurrence, subject to certain statutory exceptions; (c) Failed to disclose his ownership of "Greg's Garage" in Block 15 of the form wherein, pursuant to Section 5(b)(9) of the Ethics Law, Respondent was required to disclose any "financial interest" in any legal entity engaged in business for profit, as defined in the Ethics Law; and (d) Failed to complete Block 16 of the form wherein, pursuant to Section 5(b)(10) of the Ethics Law, Respondent was required to disclose the identity of any "financial interest" in a business, as defined in the Ethics Law, which Respondent transferred to a member of his immediate family. Section 9(f) of the Ethics Law provides as follows: (f) In addition to any other civil remedy or criminal penalty provided for in this act, the commission may, after notice has been served in accordance with section 7(5) and upon a majority vote of its members, levy a civil penalty upon any person subject to this act 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 P.S. §409(f). An application of Section 9(f) to this case establishes that this Commission has the discretion to levy a maximum civil penalty against the Respondent for the aforesaid deficient Statement of Financial Interests for calendar year 1990. The prerequisite service of a Notice letter in accordance with Section 7(5) was satisfied. Furthermore, upon being notified of the above transgres- sion(s), Respondent did not remedy his failure to comply with the Ethics Law, although he was given until the expiration of twenty days from the date of the final Notice letter in which to comply so as to avoid the institution of these formal proceedings. This Gregory D. Dinko December 15, 1992 Page 7 Commission then instituted formal proceedings against Respondent by issuing an Order to Show Cause, ordering Respondent to show cause why a civil penalty should not be levied against him. Respondent did not file an answer to the Order to Show Cause. There is nothing of record which would constitute a defense or excuse for Respondent's failure to comply with the Ethics Law. Respondent has failed to show cause why a civil penalty should not be levied against him in this matter. Based upon the totality of circumstances in this case, we hereby levy one civil penalty against Respondent Gregory D. Dinko, at the rate of $25.00 per day, for each day Respondent's Statement of Financial Interests for calendar year 1990 has remained deficient. Given the number of days during which the said Statement of Financial Interests has remained deficient, the resultant amount to be levied against Respondent is $250.00. Respondent shall be ordered to file a complete and accurate Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS OF LAW: 1. Respondent Gregory D. Dinko, as the Mayor of Ford City Borough, Pennsylvania, is now and at all times relevant to these proceedings has been a "public official" subject to the provisions of the Ethics Law, Act 9 of 1989, 65 P.S. §401 et seq. 2. Respondent failed to comply with the requirements of Section 5 of the Ethics Law when Respondent filed a deficient Statement of Financial Interests for calendar year 1990 with Ford City Borough. 3. Notice of the deficiency of Respondent's Statement of Financial Interests for calendar year 1990 was previously served upon Respondent in accordance with Section 7(5) of the Ethics Law, 65 P.S. §407(5). 4. Based upon the totality of the circumstances in this case, a maximum civil penalty is warranted. IN RE: GREGORY D. DINKO Respondent File Docket: 92 -072 -P Date Decided: December 10, 1992 Date Mailed: December 15, 1992 ORDER NO. 044 -S 1. Gregory D. Dinko, as the Mayor of Ford City Borough, Pennsylvania, failed to comply with Section 5 of the Ethics Law, 65 P.S. S405, by filing a deficient Statement of Financial Interests for calendar year 1990 with Ford City Borough. 2. Based upon the circumstances of this case, this Commission hereby levies one civil penalty against Respondent Gregory D. Dinko, at the rate of $25.00 per day for each day Respondent's Statement of Financial Interests for calendar year 1990 has remained deficient, for a total civil penalty of $250.00. 3. Respondent Gregory D. Dinko is ordered to pay the above civil penalty in the total amount of $250 within thirty days of the issuance of this Order, by forwarding a check to this Commission payable to the Commonwealth of Pennsylvania for deposit in the State Treasury. 4. Respondent Gregory D. Dinko is directed within 30 days of issuance of this Order to file a complete and accurate Statement of Financial Interests for calendar year 1990 with Ford City Borough, providing full financial disclosure as required by the Ethics Law, and to forward a copy of same to this Commission at the following address to evidence compliance: State Ethics Commission 309 Finance Building P.O. Box 11470 Harrisburg, PA 17108 -1470 Attention: Robin M. Hittie, Assistant Counsel 5. Failure to comply with any provision of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, James M. Howley