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HomeMy WebLinkAbout1109 PirainoIn Re: Jack Piraino 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 Julius Uehlein Louis W. Fryman John J. Bolger Frank M. Brown Susan. Mosites Bicket 97- 071 -C2 Order No.1 109 12/15/98 12/29/98 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 el seq., by the above named Respondent. At . the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). 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. • Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by • Chapter 1 Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under. Act 93 of 1998 and 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 Chapter 11 of Act 93 of 1998. 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. Confidentiality does not preclude discussing this case with an attorney at law. Piraino, 97- 071 -C2 December 24, 1998 Page 2 1. ALLEGATION: That Piraino, a public official in his capacity as a Council Member for Bristol Borough, Bucks County, violated Section 4(a) of the State Ethics Law (Act 9 of 1989) when he failed to file Statements of Financial Interests with the governing authority of the political subdivision by which he is employed or within which he is appointed no later than May 1st of each year that he holds such position by failing to file Statements of Financial Interests for the 1993 and 1994 calendar years by May 1 of 1994 . and 1995, and when he backdated Statements of Financial Interests for the 1993 and 1994 calendar years. II. FINDINGS: a. The Statement of Financial Interests for calendar year 1993 was dated February 6, 1994. b. The Statement of Financial Interests for calendar year 1994 was dated January 29, 1995. 4. Piraino filed the Statements of Financial Interests for the 1993 and 1994 calendar years on SEC Revised Form 1/96. a. SEC Revised Form 1/96 was not available for distribution until January, 1996. Piraino did not file Statements of Financial Interests for the 1993 and 1994 calendar years by May 1st of the following years. 6. Piraino filed the Statements of Financial Interests for calendar years 1993 and 1994 with Bristol Borough sometime after January, 1997. 7. Prior to finishing his term as a council member in 1997, Piraino wanted to make sure all of his Statements of Financial Interests had been filed for all prior years. a. Piraino requested blank Statements of Financial Interests forms from Bristol Borough Secretary Marie Fields. 8. A review of the forms filed by Piraino for Bristol Borough indicates on their face that they were filed timely. 1. Jack Piraino served as a Bristol Borough Council Member from January, 1990 until December, 1997. 2. Statements of Financial Interests compliance reviews were conducted in Bristol Borough on September 5, 1997, and December 19, 1997, for calendar years 1992 through 1996. a. Borough officials including Jack Piraino were identified as filing Statements of Financial Interests. The Statements of Financial Interests filed by Piraino for the 1993 and 1994 calendar years listed his signature and the date when he filed the forms. Piraino, 97- 071 -C2 December 24, 1998 Page 3 9. Piraino admitted the Statements of Financial Interests for calendar years 1993 and 1994 were not filed with Bristol Borough on the dates listed on the forms. 10. Piraino picked out dates for each of the two Statements of Financial Interests he filed. 11. Piraino filed Statements of Financial Interests with the borough as follows: Calendar Year Date Filed 1997 07/28/98 1996 02/26/97 III. DISCUSSION: At all times relevant to this matter, the Respondent, Jack Piraino, hereinafter Piraino, has been a public official /employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, et seq. /Act 93 of 1998, Chapter 11. The issue is whether Piraino, as a Council Member for Bristol Borough, Bucks County, violated Section 1104(a) of the Ethics Act by backdating and failing to timely file Statements of Financial Interests (SFI's) for the 1993 and 1994 calendar years. Section 1104. Statement of financial interests required to be filed. (a) Public official or public employee.- -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. Act 93 of 1998, Chapter 11, §1104(a). Section 1104(a) of the Ethics Act 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. Piraino, 97- 071 -C2 December 24, 1998 Page 4 Having noted the issues and applicable law, we shall now summarize the relevant facts. Piraino served as a Bristol Borough Council Member from January, 1990 until December, 1997. The 1993 and 1994 calendar year SF1's filed by Piraino included his signature and ostensibly the dates when the forms were - filed, that is, February 6, 1994 and January 29, 1995. Piraino filed the 1993 and 1994 calendar year SFI's on State Ethics Commission forms which were not available for distribution until January, 1996. The SFI's filed by Piraino for 1993 and 1994 were not filed by May 1 of the following respective years, but were in fact filed after January, 1996. Piraino filed the SFI's after being contacted by the Bristol Borough Secretary, Marie Fields. Borough officials were contacted by Fields after a review of SFI's by a reporter confirmed that the forms were not on file. Piraino's SFI's were not filed with Bristol Borough on the dates listed on the forms. The dates listed by Piraino were chosen as filing dates. Having summarized the above relevant facts, we must now determine whether the actions of Piraino violated Section 1104(a) of the Ethics Act. As noted above, Section 1104(a) of the Ethics Act specifically requires that a public official file an SFI with the governing authority of the political subdivision no later than May 1 of each year in which he /she holds such position and the year after he /she leaves such position. The record in this case conclusively establishes that the SFI's filed by Piraino were filed after the annual May 1 deadlines. Accordingly, violations of Section 1104(a) of the Ethics Act occurred when Piraino failed to timely file SFI's as required by the Ethics Act and backdated the SFI's for those years. Piraino 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 Act. The parties have entered into a Consent Agreement for: Section 11 violations; a payment by Piraino in the amount of $250 through this Commission to the Commonwealth of Pennsylvania within 30 days of the date of issuance of this Commission Order; and a filing of an amended SFI's within 30 days of the mailing date of this Order for the 1993 and 1994 calendar years with Bristol Borough, with one copy of each forwarded to this Commission for compliance verification. The SFI's must contain accurate current filing dates, together with the appropriate financial information for the 1993 and. 1994 calendar years. Upon review, we accept the Consent Agreement and enter the Order below as per the terms_ agreed upon by the parties. 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 noted, the parties have filed a Stipulation of Findings and Consent Agreement which sets forth a proposed resolution of the allegations. 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. Piraino, 97- 071 -C2 December 24, 1998 Page 5 IV. CONCLUSIONS OF LAW: 1. Piraino, as a Council Member for Bristol Borough, Bucks County, was a public official subject to the provisions of Act 9 of 1989. 2. Piraino violated Section 1104(a) of the Ethics Act when he back -dated and failed to timely file Statements of Financial Interests (SFI's) for calendar years 1993 and 1994. In Re: Jack Piraino File Docket: Date Decided: Date Mailed: ORDER NO. 1109 BY THE COMMISSION, dYeuito-wE � 97- 071 -C2 12/15/98 12/29/98 1. Jack Piraino, as a Council Member for Bristol Borough, Bucks County, violated Section 1104(a) of the Ethics Act when he back -dated and failed to timely file Statements of Financial Interests (SFI's) for calendar years 1993 and 1994. Piraino is directed within 30 days of the mailing date of this Order to file amended. SFI's for the 1993 and 1994 calendar years with Bristol Borough, with one copy of each forwarded to this Commission for compliance verification. The SFI's must contain accurate current filing dates, together with the appropriate financial information for the 1993 and 1994 calendar years. 3. As per the Consent Agreement of the parties, Piraino is directed to make payment in the amount of $250 through this Commission to the Commonwealth of Pennsylvania within 30 days of the mailing date of this Order. Compliance with paragraphs 2 and 3 above will result in the closing of this case with no further action; failure to comply with the above will result in the institution of an order enforcement action. DANEEN E. REESE, CHAIR