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HomeMy WebLinkAbout772 PurcaroIn re: Veronica Purcaro STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -046 -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 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 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, Secretary /Treasurer for Mt. Pocono Borough, Monroe County, violated the following provisions of the State Ethics Act (Act 170 of 1978), when you failed to file a Statement of Financial Interests for the 1988 calendar year with the borough by May 1, 1989: II. FINDINGS: ADJUDICATION 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. 5404(a). S4.1. Public employees. (a) Each public employe employed by the Commonwealth shall file a Statement of Financial Interests, Form SEC -1, for the preceding calendar year with the department, agency, or bureau with 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. 51 Pa. Code §4.1(a). 1. You served as Secretary /Treasurer in Mount Pocono Borough, Monroe County, Pennsylvania. a. You served in that position from July of 1989 to January of 1990. 2. You submitted a Statement of Financial Interest which is on file in the Borough Building. a. Statement dated November 1, 1989 indicates that it was filed as the Secretary /Treasurer of Mount Pocono Borough. 3. You started as Borough Secretary on July 19, 1989. Ms. Veronica Purcaro Page 2 a. You were sworn in the first Monday in August of 1989. b. You started fulfilling your duties on the third Friday in August of 1989. 4. You checked the borough files and could not find Statements of Financial Interest filed by previous secretary /treasurers. a. Borough President and the Solicitor told you that you were not required to file. 5. You were not required to file a Statement of Financial Interest by May 1, 1989, as you were not employed by the borough at that time. 6. You submitted a Statement of Financial Interest on November 1, 1989, immediately after being told that you were required to file within 15 days of your appointment. III. Discussion: Veronica Purcaro as a Mount Pocono Borough Secretary /Treasurer is a "public employee" as that term is defined under the Ethics Act. 65 P.S. §402; 51 Pa. Code 1.1. As such, her 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 Ms. Veronica Purcaro Page 3 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 Veronica Purcaro as a Mount Pocono Borough Secretary /Treasurer 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 Purcaro, who was appointed as Borough Secretary on July 19, 1989 did not file within fifteen days of said appointment as required. A Statement dated November 1, 1989 was filed by Purcaro. The Financial Interests Statement was untimely filed but was filed immediately after Purcaro was advised that she was required to file. 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 Secretary /Treasurer, Veronica Purcaro is a public employee subject to the restrictions and filing requirements of the Ethics Act. 2. There was a technical violation of Section 4(a) of the Ethics Law in that the 1988 calendar year Statement of Financial Interests was not timely filed. In re: Veronica Purcaro : File Docket: 89 -046 -C : Date Decided: October 4, 1990 : Date Mailed: October 29, 1990 ORDER No. 772 1. Veronica Purcaro, as a Mount Pocono Borough Secretary /Treasurer is a public employee subject to the provisions of the Public Official and Employee Ethics Law. 2. There was a technical violation of Section 4(a) 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, i r J / , 1 i/ "A V / ( 4 L :.,,r i/ ROBERT W. BROWN, VICE CHAIR