HomeMy WebLinkAbout1093 DefeliceIn Re: Michael Defelice
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Allan M. Kluger
Julius Uehlein
Louis W. Fryman
John J. Bolger
Frank M. Brown
97- 065 -C2
Order No. 1093
10/8/98
10/20/98
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission
conducted an investigation regarding a possible violation of the Public Official and
Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 21 seq., by the above -
named Respondent. At the commencement of its investigation, the Investigative
Division served upon Respondent written notice of the specific allegations. Upon
completion of its investigation, the Investigative Division issued and served upon
Respondent a Findings Report identified as an "Investigative Complaint." An Answer
was filed and a hearing was waived. The record is complete. A Consent Agreement
was submitted by the parties to the Commission for consideration which was
subsequently approved.
This adjudication of the State Ethics Commission will be made available as a
public document thirty days after the mailing date noted above. However,
reconsideration may be requested. Any reconsideration request must be received at
this Commission within thirty days of the mailing date 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). A request for reconsideration will not affect the finality
of this adjudication but will defer its public release pending action on the request by
the Commission.
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.
Defelice, 97- 065 -C2
Page 2
I. ALLEGATION: That Michael Defelice,
capacity as a member of the Punxsutawney
violated Section 4(a) of the Ethics Law when
Interests for the 1996 calendar year by May
II. FINDINGS:
a public official /public employee, in his
Area School District Board of Directors
he failed to file a Statement of Financial
1, 1997.
1. Michael Defelice has served as a member of the Punxsutawney School
District Board of Directors since December, 1995.
2. Defelice previously served as a supervisor for Young Township, Jefferson
County from 1986 until resigning effective March 20, 1993.
3. Defelice was elected Young Township Auditor in November, 1995, but
resigned on December, 1995, prior to taking office.
4. Defelice filed Statements of Financial Interests with Young Township on
February 21, 1987, March 19, 1990, November 6, 1990, November 12,
1991, February 6, 1992, December 30, 1992, February 15, 1994,
February 14, 1995 and March 6, 1995.
a. Two forms were filed on November 6, 1990, for the 1987 and
1988 calendar years.
b. Two forms were filed on November 12, 1991, for the 1989 and
1991 calendar years.
5. While serving as a supervisor for Young Township, Jefferson County,
Defelice did not file Statements of Financial Interests for the 1987
calendar year due by May 1, 1988, and the 1988 calendar year due by
May 1, 1989.
a. Defelice did file a Statement of Financial Interests dated November
6, 1990, for the 1987 and 1988 calendar years.
b. The filings were received on January 24, 1991, and were the
result of an investigation of the State Ethics Commission.
6. Defelice was the subject of an Ethics Commission investigation resulting
in Order No. 793 being issued by the Commission on April 5, 1991.
a. The Commission Order found that as a public official, Defelice was
subject to the filing requirements of the Ethics Law.
b. Defelice was found in violation of Section 4(a) of the Ethics Law
by failing to timely file his Statements of Financial Interests for the
1987 and 1988 calendar years.
c. No further action was taken against Defelice as a result of his
filing received on January 24, 1991 (Finding No. 11).
7. As a candidate for Punxsutawney Area School District Board of Directors,
Defelice filed a Statement of Financial Interests with the school district
on May 30, 1995.
Defelice, 97- 065 -C2
Page 3
8. Defelice filed a Statement of Financial Interests with the school district
in 1996 for the 1995 calendar year.
a. The form is not on file as district records for all Statements of
Financial Interests for the 1995 calendar year are missing.
9. At the February 1997 board meeting, Nicholas Del Rosso, Punxsutawney
Area School District Business Administrator /Board Secretary, directed
that blank Statements of Financial Interests be distributed to all board
members to be completed.
a. Defelice was one of the board members receiving the form.
10. Defelice did not file a Statement of Financial Interests with the school
district by May 1, 1997, for the 1996 calendar year.
a. None of the other members filed by May 1, 1997.
11. During the July 9, 1997 board meeting, Del Rosso directed a memo
dated July 7, 1997, to the board of directors regarding the filing of
Statements of Financial Interests.
a. The memo advised that the forms for calendar year 1996 were
due no later than May 1, 1997.
b. As of July 7, 1997, forms were needed from all nine (9) board
members.
c. Forms were originally distributed at the February board meeting
while Del Rosso was recovering from surgery.
d. Del Rosso assumed that board members completed and returned
the forms to his office.
e. Forms were requested to be completed and returned to Del Rosso.
12. Defelice was present at the July 9, 1997, meeting and received a copy
of Del Rosso's memo.
13. All board members, with the exception of Michael Defelice, filed
Statements of Financial Interests with the school district following receipt
of Del Rosso's July 7, 1997, memo.
14. Following receipt of the January 9, 1998, letter from the Executive
Director of the State Ethics Commission (Finding No. 4) which advised
of the current investigation, Defelice filed a Statement of Financial
Interests with the State Ethics Commission.
a. The form was received by the State Ethics Commission on January
26, 1998.
b. The form was dated January 15, 1998, and signed Michael
Defelice.
c. The information listed on the form was for the 1997 calendar year.
Defelice, 97- 065 -C2
Page 4
15. Defelice filed a 1996 calendar year Statement of Financial Interests on
June 18, 1998 which was received by the State Ethics Commission on
June 24, 1998.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Michael Defelice,
hereinafter Defelice, has been a public official subject to the provisions of the Public
Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, Pamphlet Law 26,
65 P.S. §401, el aut.
The allegation is that Defelice, as a member of the Punxsutawney Area School
District Board of Directors, violated Section 4(a) of the Ethics Law when he failed to
file a Statement of Financial Interests for the 1996 calendar year by May 1, 1997.
Section 4(a) of Act 9 of 1989 provides:
Section 4. Statement of financial interests required to be
filed
(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.
65 P.S. §404(a).
Section 4(a) of the Ethics Law quoted above requires that each public
official /public employee must file a Statement of Financial Interests for the preceding
calendar year, each year that he holds the position and the year after he leaves it.
Having noted the issues and applicable law, we shall now summarize the
relevant facts.
Defelice currently serves as a Member of the Punxsutawney School District
Board of Directors. Previously, Defelice served as a Young Township Supervisor from
1986 until his resignation effective March 20, 1993. Defelice was also an elected
Young Township Auditor from November, 1995 until December, 1995, when he
resigned to become a School Director.
Defelice, 97- 065 -C2
Page 5
While in office, Defelice filed some Statements of Financial Interests (SFI's) as
delineated in Fact Finding 4. However, the SFI's for the calendar years 1987 and 1988
were not filed until November 6, 1990. Further, Defelice's SFI's for the calendar years
1989 and 1991 were not filed until November 12, 1991.
The SFI's for the calendar years 1987 and 1988 were received and were filed
as a result of an investigation by this Commission. That investigation culminated in the
issuance of Defelice, Order No. 793 on April 5, 1991, wherein we found that Defelice
as a public official violated Section 4(a) of the Ethics Law by failing to timely file SFI's
for the 1987 and 1988 calendar years.
As a candidate for Punxsutawney Area School District Board of Directors,
Defelice filed an SFI on May 30, 1995. Defelice also filed an SFI in 1996 for the
calendar year 1995 with the School District.
At a February 1997 Board meeting, the School District Administrator /Board
Secretary directed that blank SFI's be distributed to all Board members which included
Defelice. Neither Defelice nor any of the other Board members filed a 1996 calendar
year SFI by May 1, 1997.
During a July, 1997 Board meeting, the School District Administrator sent a
memo to the Board wherein he advised that the 1996 calendar year SFI's were due no
later than May 1, 1997; that as of July 7, 1997 forms were needed from all nine
Board members; that the forms were originally distributed at a February Board meeting;
and that the Administrator previously assumed that the Board members had already
completed and returned the SFI's to his office. Defelice, being present at the July,
1997 meetinp.. received a copy of the Administrator's memo. All Board members
except Defelice filed SFI's with the School District following receipt of the July, 1997
memo of the Administrator.
After this Commission's Executive Director sent a letter dated January, 1998,
which advised Defelice of the current investigation, Defelice filed an SFI which was
received on January 26, 1998. Defelice filed an SFI dated January 15, 1998 for the
1997 calendar year filing. Finally, Defelice filed an SFI for the 1996 calendar year on
June 18, 1998 which was received at this Comission on June 24, 1998.
Having summarized the above relevant facts, we must now determine whether
the actions of Defelice violated Section 4(a) of Act 9 of 1989.
In applying the provisions of Section 4(a) of Act 9 of 1989 to the instant
matter, we note that Defelice as a public official was required to file the SFI for the
calendar year 1996 on or before May 1, 1997. Defelice did not do so. Such failure by
Defelice was not the result of forgetfulness on his part. The stipulated findings reflect
that the Administrator specifically sent a memo to all Board Directors reminding them
of the filing requirement. Defelice received that memo, but he, unlike all of the other
Board members, did not comply. Defelice is not unfamiliar with SFI filing requirements.
See, Defelice, Order No. 793, supra. Accordingly, Defelice violated Section 4(a) of Act
9 of 1989 when he failed to timely file an SFI for the calendar year 1996 on or before
May 1, 1997. Defelice is reminded that public office is a public trust and that as part
of his duties as a public official, he is required to comply with the SFI filing
requirement imposed by the Ethics Law.
The parties have filed a Stipulation of Findings and entered into a Consent
Agreement for the finding of a Section 4(a) violation together with a payment by
Defelice in the amount of $1,000 to the Commonwealth of Pennsylvania. Upon
review, we accept the Consent Agreement. Accordingly, Defelice is directed to make
Defelice, 97- 065 -C2
Page 6
payment of $1,000 through this Commission to the Commonwealth of Pennsylvania
within 30 days after the date of mailing of this Commission Order. Compliance with
the foregoing will result in the closing of this case with no further action.
Noncompliance will result in the institution of an order enforcement action.
Lastly, as to the Stipulation of Findings and Consent Agreement, we believe that
the Consent Agreement is the proper disposition for this case based upon our review
as reflected in the above analysis and the totality of the facts and circumstances.
IV. CONCLUSIONS OF LAW:
1. Defelice, as a member of the Punxsutawney Area School District Board
of Directors, is a public official subject to the provisions of Act 9 of
1989.
2. Defelice violated Section 4(a) of the Ethics Law when he failed to file a
Statements of Financial Interests for the 1996 calendar year by May 1,
1997.
In Re: Defelice File Docket: 97- 065 -C2
Date Decided: 10/8/98
Date Mailed: 10/20/98
ORDER NO. 1093
1. Michael Defelice, as a member of the Punxsutawney Area School District Board
of Directors, violated Section 4(a) of the Ethics Law when he failed to file a
Statement of Financial Interests for the 1996 calendar year by May 1, 1997.
2. As per Consent Agreement of the parties, Defelice is directed to make payment
in the amount of $1,000 through this Commission to the Commonwealth of
Pennsylvania, Department of the Treasury, within 30 days of the mailing of this
Order.
a. Compliance with the above will result in the closing of this case
with no further action.
b. Failure to comply with the above will result in the institution of an
order enforcement action.
BY THE COMMISSION,
om,(p4)& t�J
DANEEN E. REESE, CHAIR