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HomeMy WebLinkAbout793 DefeliceIn re: Michael A. Defelice STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -020 -C Date Decided: April 5. 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 deemed 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 S2.38. 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 confidentiality 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). ADJUDICATION I. Allegation: That you, a Supervisor for Young Township, Jefferson County, violated the following provisions of the State Ethics Act (Act 170 of 1978), when you failed to file Statements of Financial Interest for the 1987 and 1988 calendar years. Section IV. Statements of Financial Interest Reauired to be Filed II. Findings: (a) Each public employee employed by the Commonwealth shall file a Statement of Financial Interest for the proceeding calendar year with the department, agency or bureau in which he is employed no later than May 1, of each year that he holds such a position and the year after leaves such a position. Any other public employee shall file a Statement of Financial Interest with the governing authority of the political subdivision by which he is employed no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. 65 P.S. 404 (a). 4.4. Incumbent and former Public Officials (b) Incumbent public officials in governmental bodies other than those specified in subsection (a) who are not candidates shall file their Statements of Financial Interest only with their governmental body.' 51 PA Code 4.4 (b). 1. Michael A. Defelice has been a Young Township Supervisor from January, 1988 through the present. 2. Statements of Financial Interests on file with Young Township include no filings by Michael Defelice for calendar years 1987 (due on or before May 1, 1988) and 1988 (due on or before May 1, 1989). 3. State Ethics Commission records indicate that Michael Defelice, subsequently, filed the following Statements of Financial Interests on January 24, 1991 for the above - referenced years: a. Calendar Year: 1987 Position: Young Township Supervisor Occupation: Foreman Mr. Michael A. Defelice Page 2 Real Estate Interests: House, Business Creditors: None Listed Direct /Indirect Income: Yates Excavating, Midsale Parts Financial Interest in any Business: Midsale Parts All Other Financial Interests: None Listed Signed by Michael Defelice on November 6, 1990. b. Calendar Year: 1988 Position: Young Township Supervisor Occupation: Foreman Real Estate Interests: House, Business Creditors: None Listed Direct /Indirect Income: Yates Excavating, Midsale Parts Financial Interest in any Business: Midsale Parts Financial Interest: None Listed Signed by Michael Defelice on November 6, 1990. 4. Statement of Financial Interests forms on file with the Young Township secretary include the following filings for Michael Defelice: a. Filed; February 21, 1987 (As Candidate) - For 1986 Financial Interests Occupation: Foreman Yates Excavating Direct/Indirect Sources of Income: Yates Excavating and Mid Sale Parts Office /Directorship in any Business: Yates Excavating, Foreman Financial Interest in any Business: Mid Sale Parts, Owner Mr. Michael A. Defelice Page 3 All Other Financial Interest: None b. Filed: March 19, 1990 - For 1989 Financial Interests Occupation: Foreman Yates Excavating Direct /Indirect Sources of Income: Yates Excavating, Mid Sale Parts Office /Directorship in any Business: Mid Sale Parts, Owner Financial Interest in any Legal Entity: Mid Sale Parts All Other Financial Interests: None 5. Minutes of the Young Township Board of Supervisors indicate the following discussions relative to the filing of Statements of Financial Interests. a. March 1, 1989: "Ron Canton stated that the audit was finished and that the problems were minor. He reported that the supervisors were required to furnish at the local level a Statement of Financial Interest. The secretary indicated that there is none on file in the township records. Mike stated that the Ethics statements would be completed as soon as the secretary provided the forms." b. Mav 3, 1989: "The secretary delivered the Statements of Financial Interest Forms to supervisors and Dean Kerr for the employees." 6. The other Young Township Supervisors did file Statements of Financial Interests after being notified of the deficiency outlined in the March 1, 1989 meeting. [See Finding 5(a).] 7. Mr. Defelice did not file after that notice. 8. Mr. Defelice's statements are now on file with Young Township. (See Finding 3.) III. Discussion: Michael A. Defelice, hereinafter Defelice as a Young Township Supervisor is a "public official" as that term is Mr. Michael A. Defelice Page 4 defined under the Ethics Act. 65 P.S. §402; 51 Pa. Code 1.1. As such, his conduct is subject to the provisions of that law. 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 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. Section 4(a) of the Ethics Act quoted above requires that each . public employee and each public official (Kremer v. State Ethics Commission, 56 Pa. Commw. 160, 424 A.2d 968 (1981) must file a Statement of Financial Interests for the preceding calendar year of the year in which he is employed or serves and for the year after he leaves such position. In the instant matter, the allegation concerns whether Defelice as a Young Township Supervisor violated Section 4(a) of the Ethics Act by failing to timely file a Financial Interests Statements for the 1987 and 1988 calendar years. A review of the Statements of Financial Interests on file with the Township reflect that Defelice, who has served on the Township Board since January, 1988, timely filed his Statement as a candidate for the 1986 calendar year as a public official for the 1989 calendar year. Statements dated January 24, 1991, were filed with this Commission by Defelice as a public official for the 1987 and 1988 calendar years. The above two filings for the 1987 and 1988 calendar years were untimely; further, Defelice had notice in a March 1, 1989 meeting that supervisors had to file locally as public officials. Nevertheless, Defelice did not file until January 24, 1991. In light of the above, we find a violation of Section 4(a) of the Ethics Act, given the notice Defelice received in the March 1, 1989 meeting and the failure of Defelice to comply until January 24, 1991. Mr. Michael A. Defelice Page 5 IV. Conclusions of Law: 1. As a Young Township Supervisor Michael A. Defelice is a public official subject to the restrictions and filing requirements of the Ethics Law. 2. Defelice violated Section 4(a) of the Ethics Law by failing to timely file his 1987 and 1988 calendar year Statements of Financial Interests. In re: Michael A. Defelice : File Docket: 89 -020 -C : Date Decided: April 5, 1991 : Date Mailed: April 15, 1991 ORDER No. 793 1. Michael A. Defelice as a Young Township Supervisor violated Section 4(a) of the Ethics Law by failing to timely file his 1987 and 1988 calendar year Statements of Financial Interests. BY THE COMMISSION, HELENA G. HUGHES, CHAIR