Loading...
HomeMy WebLinkAbout060-S GagliardiIN RE: MICHAEL GAGLIARDI Respondent STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: 94 -002 -P 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. Kluger 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. 5401 et sea. 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 §21.29(b). Michael Gagliardi June 27, 1994 Page 2 I. FINDINGS: 1. Respondent Michael Gagliardi is an adult individual who resides or maintains a mailing address at P.O. Box 42, Walston, PA 15781. 2. At all times relevant to these proceedings, Respondent has been an Auditor for Young Township, Jefferson County, Pennsylvania. (a) Respondent specifically held the aforesaid position in 1990. 3. The State Ethics Commission was advised that Respondent did not have a Statement of Financial Interests for calendar year 1990 on file with Young Township, which Statement of Financial Interests was due on or before May 1, 1991. 4. A first Notice letter dated January 31, 1994 and a final Notice letter dated February 24, 1994 were served upon Respondent by this Commission. The said Notice letters stated in detail the specific allegations against Respondent concerning the delinquency 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. The said Notice letters provided Respondent an opportunity to avoid the institution of these civil penalty proceedings by filing an accurate and complete Statement of Financial Interests for calendar year 1990 within twenty (20) days of the dates of the respective Notice letters. 5. Respondent did not file a Statement of Financial Interests with Young Township for calendar year 1990 within the twenty day period from the date of the said final Notice letter. 6. Respondent has telephonically advised the Commission that the Township Secretary was supposed to have filed the form on time, two years ago, and that Respondent and his wife have had serious health problems causing them to be hospitalized. 7. The State Ethics Commission has received independent information that many Township records were misplaced when they were moved from the former Township Secretary to the present Township Secretary. 8. As a matter of public record, Respondent filed with the State Ethics Commission a Statement of Financial Interests for calendar year. 1990 after issuance of the Order to Show Cause which Statement of Financial Interests is dated March 15, 1994 Michael Gagliardi June 27, 1994 Page 3 and was received by this Commission on April 2, 1994. a. Block 2 of said Statement of Financial Interests is incomplete, with the only indication of an address being: "P.O. Box." II. DISCUSSION: Respondent has been a Township Auditor for Young Township in Jefferson County, Pennsylvania at all times relevant to these proceedings. Respondent specifically held the aforesaid position in 1990. As a Township Auditor for "public official" as that term is and Employee Ethics Law ( "Ethics as such, Respondent is subject to 65 P.S. §404(a). Young Township, Respondent is a defined under the Public O Law "), 65 P.S. §401, et se q., and the provisions of the Ethics Law. Pursuant to Section 4(a) of the Ethics Law, Respondent is required to file a Statement of Financial Interests for the preceding calendar year with Young Township each ,year Respondent holds the above position and the year after Respondent leaves said position: (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 the preceding calendar year with the department, agency, body or bureau in which he is employed or to 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. Any other public employee or public official 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. Michael Gagliardi June 27, 1994 Page 4 The complete financial disclosure which Respondent as a Township Auditor 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. In applying Section 9(f) to this case, the prerequisite service of a Notice letter in accordance with Section 7(5) was satisfied. Furthermore, Respondent did not submit a Statement of Financial Interests for calendar year 1990 within twenty days from the date of the final Notice letter, which would have avoided the institution of these formal proceedings. Formal proceedings were instituted against Respondent by 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. However, the Commission has received certain information pertaining to this matter which causes us to exercise our discretion so as to not levy a civil penalty against Mr. Gagliardi. Specifically, Mr. Gagliardi has indicated that the Township Secretary was supposed to have filed the form on time two years ago, and the Commission has received independent information that many Township records were misplaced when the records were transferred from the former Township Secretary to the present Township Secretary. Given the state of the Township records it is unclear whether Respondent failed to comply with Sections 4 and 5 of the Ethics Law by failing to timely file a Statement of Financial Interests for calendar year 1990 with Young Township. Following the issuance of the Order to Show Cause, Respondent filed a Statement of Financial Interests dated March 15, 1994 for calendar year 1990. The form is technically deficient in that Mr. Gagliardi failed to provide his address per the requirements of 65 P.S. §405(b)(1). Based upon the totality of the circumstances, no civil penalty shall be levied in this case. Respondent shall be ordered to file an amended, complete and accurate Statement of Financial Interests for calendar year 1990. III. CONCLUSIONS OF LAW: 1. Respondent Michael Gagliardi was at all times relevant to these proceedings a Township Auditor for Young Township of Jefferson County, Pennsylvania and as such Respondent was at all times relevant to these proceedings a "public official" subject to the provisions of the Ethics Law, Act 9 of 1989. 2. It is unclear whether Respondent failed to comply with Sections 4 and 5 of the Ethics Law by failing to timely file Michael Gagliardi June 27, 1994 Page 5 a Statement of Financial Interests for calendar year 1990 with Young Township. 3. Based upon the totality of the circumstances in this case, a civil penalty will not be levied. 4. Respondent's Statement of Financial Interests for calendar year 1990, dated March 15, 1994, and received by this Commission April 2, 1994, is technically deficient. IN RE: Michael Gagliardi Respondent File Docket: 94 -002 -P Date Decided: 06/23/94 Date Mailed: 06/30/94 ORDER NO. 060 -S 1. Michael Gagliardi, as a Township Auditor for Young Township in Jefferson County, Pennsylvania is subject to the requirement to timely file Statements of Financial Interests pursuant to 65 P.S. SS404, 405. 2. Based upon the circumstances of this case, no civil penalty shall be levied against Respondent in this matter as to the filing requirement for calendar year 1990. 3. Respondent Michael Gagliardi is directed within 30 days of issuance of this Order to file an amended, complete and accurate Statement of Financial Interests for calendar year 1990 with Young Township, correcting the technical deficiency noted above as to the incomplete address in Block 2 of the form, and 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 4. Failure to comply with any provision of this Order will result in the initiation of an approp1iate enforcement action. BY THE COMMISSION, James M. Howley, Chair