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