HomeMy WebLinkAbout770 PalombaIn re: Michael Palomba
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 89 -044 -C
Date Decided: October 4, 1990
: Date Mailed: October 29, 1990
Before: Robert W. Brown, Vice Chair
G. Sieber Pancoast
Dennis C. Harrington
James M. Howley
Daneen E. Reese
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 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 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 confidentiality by releasing, discussing or
circulating this Order. However, confidentiality 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 Councilperson for Mt. Pocono Borough,
Monroe County, violated the following provisions for the State Ethics
Act (Act 170 of 1978), when you failed to file Statements of Financial
Interests for the 1988 calendar year with the borough by May 1, 1989:
II. Findings:
Section 4. Statement of financial interests
required 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).
S4.4.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 Statement of Financial Interests only with
their governmental body. 51 Pa. Code §4.4(b).
1. You serve as a Borough Councilman in Mount Pocono Borough,
Monroe County, Pennsylvania.
a. You have served in this position since January of
1988.
2. Records of Mount Pocono Borough indicate Statements of
Financial Interest on file in the Borough Building for you
as follows:
a. Statement dated March 9, 1987 indicates it was
filed when you were a candidate for the office of
Borough Councilman.
b. Statement dated April 23, 1988 indicates it was
filed as a Public Official holding the office of
Borough Councilman.
Mr. Michael Palomba
Page 2
c. Statement dated November 1, 1989 indicates it was
filed as a Public Official holding the office of
Borough Councilman.
3. Your Statements of Financial Interest dated March 9, 1987
and April 23, 1988 were timely filed.
4. The late filing in 1989 was the result of your dependence on
the borough secretary to supply you with the forms. The
secretary didn't provide you with the forms in a timely
fashion.
III. Discussion: Michael Palomba as a Mount Pocono Borough
Councilmember is a "public official" as that term is defined under the
Ethics Act. 65 P.S. S402; 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 Michael
Palomba as a Mount Pocono Borough Councilmember violated Section 4(a)
of the Ethics Act by failing to timely file a Financial Interests
Statement for the 1988 calendar year. A review of the Statements of
Financial Interests on file with the Borough reflect that Palomba, who
has served on Council since January, 1988, timely filed his Statement
as a candidate for office and thereafter as a public official for the
Mr. Michael Palomba
Page 3
1987 calendar year. A Statement dated November 1, 1990 was filed by
Palomba as a public official. The 1988 calendar year Financial
Interests Statements was untimely filed but such action resulted
because the borough secretary did not promptly distribute the forms.
In light of the above, we find a technical violation of Section
4(a) of the Ethics Act but will take no further action since there is
no evidence to indicate that the late filing was intentional or done
in an attempt to conceal financial interests.
IV. Conclusions of Law:
1. As a Mount Pocono Borough Councilmember, Michael Palomba is a
public official subject to the restrictions and filing requirements
of the Ethics Act.
2. There was a technical violation of the Ethics Law in that the 1988
calendar year Statement of Financial Interests was not timely filed.
In re: Michael Palomba
: File Docket: 89 -044 -C
: Date Decided: October 4, 1990
: Date Mailed: October 29, 1990
ORDER No. 770
1. Michael Palomba, as a Mount Pocono Borough Councilmember is
a public official subject to the provisions of the Public
Official and Employee Ethics Law.
2. There was a technical violation of the Ethics Law in that
the 1988 calendar year Statement of Financial Interests was
not timely filed.
3. In that the late filing was not intentional or occasioned by
an effort to conceal any financial interests, no further
action will be taken.
BY THE COMMISSION,
4
ROBERT W. BROWN, VICE CHAIR