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HomeMy WebLinkAbout794 RossiIn re: Edward Rossi STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -057 -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). I. Allegation: That you, a former member of the Lackawanna County Multi- Purpose Stadium Authority, violated the following provisions of the State Ethics Act (Act 170 of 1978), when you failed to file Statements of Financial Interests for 1981, 1986, 1987 and 1988 calendar years by May 1 of each year: 11. FF.ndinas : ADJUDICATION Section 4. Statement of Financial Interests Resuired to be Filed. (a) Each public employee employed by the Commonwealth shall file a Statement of Financial Interests for the preceding 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 of the year after he leaves such a position. Any other public employee shall file a Statement of Financial Interests 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 and governmental bodies, other than those specified in subsection (a) who are not candidates, shall file their Statement of Financial Interests only with their governmental body. 51 P.A. §4.4(b). 1. You served on the Lackawanna County Multi- Purpose Stadium Authority from 1985 until 1987. a. You were appointed to this position by the Lackawanna County Commissioners. b. Your position with the Stadium Authority was a non- compensated position. 2. The Stadium Authority was created by the Lackawanna County Commissioners in April of 1985 to finance the construction of a multi - million dollar baseball stadium in Moosic, Pennsylvania. The Stadium Authority continues to exist today as it oversees the operations of the stadium. a. Your responsibilities with the Stadium Authority consisted of countersigning checks. Mr. Edward Rossi Page 2 3. A review of the Statements of Financial Interests at the administrative offices of Lackawanna County found no statements on file for you. 4. You were unaware that you had to file a Statement of Financial Interests until you were officially notified by the State Ethics Commission of your failure to do so. a. You were told by-the County Solicitor, John McGee, that you did not have to file a Statement of Financial Interests. 5. Prior to 1985, non - compensated members of authorities were not required to file Statements of Financial Interests. 6. On August 16, 1990, the State Ethics Commission recei through mail correspondence, copies of your Statement`'of Financial Interests for the calendar years 1985, 1986, 1987 and 1988. a. All of your statements were post -dated August 9, 1990. III. Discussion: As a member of the Lackawanna County Multi - Purpose Stadium Authority, Edward Rossi, hereinafter Rossi was a public official as that term is defined under the Public Official and Employee Ethics Law. 65 P.S. Section 402; 51 Pa. Code Section 1.1. As such, Rossi's 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 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. Mr. Edward Rossi Page 3 Under Section 4(a) of the Ethics Law quoted above, this provision of law requires that each public employee and public official (Kremer v. SEC, 56 Pa. Cmwlth. 160, 424 A.2d 968 (1981), affirmed 503 Pa. 358, 469 A.2d 593 (1983)), must file a Statement of Financial Interests for the preceding calendar year of each year that he holds a public position as well as for the year after he leaves such a position. In the instant matter, Rossi did not file Statements of Financial Interests. He asserts that he was unaware that such statements had to be filed until he received official notice by this Commission as to his failure to do so. Thereafter, Rossi filed Financial Interests for the calendar years 1985 through 1988, all of which are postdated August 9, 1990. In that Rossi did not timely file the required Statements of Financial Interests, we a find technical violation of Section 4(a) of the Ethics Act. However, since Rossi has filed the requisite Statements of Financial Interests and since there is no evidence to indicate any intent regarding the failure to file, this Commission will take no further action. IV. Conclusions of Law: 1. Edward Rossi as a member of the Lackawanna County Multi- Purpose Stadium Authority was a public official subject to the provisions of the Ethics Law. 2. A technical violation of Section 4(a) of the Ethics Act occurred when Rossi failed to timely file Statements of Financial Interests for the calendar years 1985 through 1988. In re: Edward Rossi File Docket: 89 -057 -C : Date Decided: April 5, 1991 : Date Mailed: April 15, 1991 ORDER No. 794 1. A technical violation of Section 4(a) of the Ethics Act occurred when Edward Rossi, a member of the Lackawanna County Multi- Purpose Stadium Authority, failed to timely file Statements of Financial Interests for the calendar years 1985 through 1988. 2. Since the Statements of Financial Interests have been filed and since there is no evidence of any intent regarding the failure to file, this Commission will take no further action. BY THE COMMISSION, /// in fi% .J . 1 HELENA G. HUGHES CHAIR Commissioner James W. Howley did not participate in the consideration of this matter.