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HomeMy WebLinkAbout791 FloraIn re: Samuel J. Flora, Jr. STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 87 -159 -C : Date Decided: April 4, 1991 : Date Mailed: April 15, 1991 Before: Helena G. Hughes, Chair G. Sieber Pancoast Dennis C. Harrington James M. Howley Daneen E. Reese Roy W. Wilt The State Ethics Commission received a complaint regarding a possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S. 401 et. seq. 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 not filed and a hearing was waived. The record is complete. 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 52.38. The files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen day period and no one unless the right to challenge this Order is waived, may violate confiden,tiaiitx 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). II. Findings: a. MAY 13, 1987 Summer Food Program: ADJUDICATION Sumner Food Program Director I. Allegation: That you, a New Castle Area School Board Director, violated Section 3(a) of the Ethics Act which prohibits a public employee's or public official's use of office or confidential information gained through that office to obtain financial gain, in that you participated in the decision, including voting, to hire your wife to work in the Summer Food Program at the school district: Section 3. Restricted Activities. (a) No public official or public employee shall use his public office or any confidential information received through his holding public office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. §403(a). 1. Samuel J. Flora has served as a member of the Board of Directors of the New Castle School District for approximately fourteen years. 2. Minutes of the New Castle Area School District meetings indicate the following: The Committee of the Whole recommended that the Board be the sponsor of and authorize the implementation of a Summer Food. Service Program to run from June 8, 1987 through the end of August 1987, and that the appropriate state application forms be completed. It was also requested that the Board authorize a contract to be awarded to the ARA School Nutrition Services to provide the food for the summer program. It was moved by Mr. DeBlasio (Papa) that the Board approve the above request as presented. The foregoing motion was adopted by the following vote on roll call: Ayes: Lastoria, Papa, Withrow, Alexander, Bonelli, Cook, DeBlasio, Flora and Piccione It was recommended that Domenic DeCaprio, 1104 Agnew Street, New Castle, be hired by the Board as Director Mr. Samuel J. Flora Page 2 of the 1987 Summer Food Program at a salary of $10.00 per hour. It was moved by Mr. Bonelli (Withrow) that the Board approve the hiring of Domenic DeCaprio as presented. The foregoing motion was adopted by the following vote on roll call: Ayes: Lastoria, Papa, Withrow, Alexander, Bonelli, Cook, DeBlasio, Flora and Piccione b. MAY 27, 1987 Summer Food Program Personnel The listed personnel to be hired by the Board for the 1987 Summer Food Service Program. It was moved by Mr. DeBlasio (Bonelli) that the Board move two of the listed Alternatives, Margaret McKnight and Anna Marie Tofel, to Site Supervisors and approve the hiring of the listed personnel per the attachment. The foregoing motion was adopted by the following vote on roll call: a. The Site lunches program 1986. Ayes: Lastoria, Withrow, Alexander, Bone113 Cook, DeBlasio, Flora and Piccione Absent: Papa Included on the list of hirelings for 1985 and 1987 was Lucille J. Flora, 1616 Thorpe Street, New Castle, PA 16101. 3. By way of letter dated June 4, 1986 from Eugene Decaprio, Assistant Superintendent of New Castle Area School District, Mrs. Lucille Flora, 1616 Thorpe Street, New Castle, PA, is advised that she has been hired by the New Castle Area School Board as a Site Supervisor in the Summer Food Program at the rate of $3.75 per hour for 216 hours. Supervisor is responsible for distributing the and for the keeping of certain records. The runs from June 16, 1986 through August 29, 4. Although Mrs. Flora was hired to work at the 1986 Summer Food Program, she did not do so due to an illness. Mr. Samuel J. Flora Page 3 5. By way of letter dated June 1, 1987 from Eugene Decaprio, Assistant Superintendent of New Castle Area School District, Mrs. Lucille Flora, 1616 Thorpe Street, New Castle, PA, is advised that she has been hired by the New Castle Area School Board as a Site Supervisor in the Summer Food Program at the rate of $3.75 per hour for 208 hours. a. The Site Supervisor is responsible for distributing the lunches and for the keeping of certain records. The program runs from June 15, 1987 through August 20, 1987. 6. Records of the New Castle Area School District indicate the following for Lucille J. Flora, 1616 Thorpe Street, New Castle, PA: 1987 - $705.00 7. School Board Member, Samuel J. Flora, resides at 1616 Thorpe Street, New Castle, PA. 8. Lucille J. Flora is the wife of Samuel J. Flora. 9. The Director of the Summer Food Program was Domenic DeCaprio. 10. A list of individuals to be hired by the school district during the summer was provided to the school district superintendent, and the school directors voted on this list. a. The votes were unanimous. 11. Samuel Flora never approached the director of the Food Service Program regarding the hiring of his wife. III. Discussion: Samuel J. Flora, hereinafter Flora, as a member of the Board of Directors of the New Castle School District is a public official as that term is defined under the Ethics Act and Regulations of this Commission. 65 P.S. 5402; 51 Pa. Code S1.1. As such, his conduct is subject to the provisions of the Ethics Law and the restrictions therein are applicable to him. Initially, it is noted that Section 5 of Act 9 of June 26, 1989 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 Mr. Samuel J. Flora Page 4 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 October 4, 1978, P.L. 883 to determine whether the Ethics Act was violated. Under Section 3(a), quoted above, this Commission has determined that use of office by a public official to obtain a financial gain for himself or a member of his immediate family or a business with which he is associated which is not provided for in law transgresses the above provision of law. Thus, use of office by a public official to obtain a financial gain which is not authorized as part of his compensation is prohibited by Section 3(a): Hoak /McCutcheon v. State Ethics Commission, 77 Pa. Commw. Ct. 529, 466 A.2d 283 (1983); facobet v. State Ethics Commission, 109 Pa. Commw. Ct. 432 531 A.2d 536 (1987). Similarly, Section 3(a) of the Ethics Act would prohibit a public official /employee from using public office to advance his own interests; Koslow v. State Ethics Commission, 116 Pa. Commw• Ct. 19, 540 A.2d 1374 (1988). Likewise, a public official /employee may not use the status or position of public office for his own personal advantage; Huff, Opinion 84 -015. In the instant matter we must determine whether Flora violated Section 3(a) of the Ethics Act when he voted to hire his wife to work in the Summer Food Program at the school district. As a member of the Board of Directors of the New Castle School District for 14 years, Flora participated in the May 27, 1987 meeting of the board of directors of the district wherein action was taken as to a list of individuals to be hired for the Summer Food Service Program. Flora voted in favor of the motion, which passed unanimously, to hire individuals on the list including Lucille J. Flora, his spouse. Lucille J. Flora received $705 as a result of her summer employment with the school district. The actual notice of hiring by Lucille J. Flora was done by assistant superintendent Eugene Decaprio. The findings reflect that Flora never approached Jr. Decaprio regarding the hiring of his spouse. Since Lucille J. Flora is the wife of Flora, it is clear that she is a member of Flora's immediate family as that term is defined under the Ethics Act. Section 2. Definitions Mr. Samuel J. Flora Page 5 "Immediate family." A spouse residing in the person's household and minor dependent children. 65 P.S. §402. In applying the above facts to Section 3(a) of the Ethics Act quoted above, we find a violation of that provision of law in that Cook was a public official who used public office through voting in favor of a motion to approve the personnel list for the 1987 summer program. The use of office by Flora resulted in a financial gain to a member of his immediate family in that his spouse received $705 from the summer employment. Lastly, the financial gain was other than compensation provided for by law since there is no provision in law which authorizes a school director to hire a member of his immediate family. However, given the totality of the facts and circumstances of this case, we will take no further action. IV. Conclusions of Law: 1. Samuel J. Flora as a member of the Board of Directors of the New Castle School District is a public official subject to the provisions of the Ethics Law. 2. Flora violated Section 3(a) of the Ethics Law when he voted in favor of a motion to approve a personnel list for employment in the school district Summer Food Service Program which list included a member of his immediate family. In re: Samuel J. Flora : File Docket: 87 -159 -C : Date Decided: April 5, 1991 : Date Mailed: April 15. 1991 ORDER No. 791 1. Samuel J. Flora as a member of the Board of Directors of the New Castle School District violated Section 3(a) of the Ethics Law when he voted in favor of a motion to approve a personnel list for employment in the school district Summer Food Service Program which list included a member of his immediate family. 2. Based upon the totality of facts and circumstances in this case, we will take no further action. BY THE.COMMISSION, ELENA G.'HUGHE ;r✓ CHAIR