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HomeMy WebLinkAbout778 MarsicoIn re: Charles Marsico STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: Date Decided: : Date Mailed: Before: Robert W. Brown, Vice G. Sieber Pancoast Dennis C. Harrington James M. Howley 88 -066 -C December 6, 1990 January 3. 1991 Chair 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). ADJUDICATION I. Allegation: That you, Chairman of the Beaver Falls Municipal Authority, violated the following provisions of the Ethics Act, (Act 170 of 1978), when your company, Beaver Valley Travel Service, sold airline tickets to the Authority: 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. 5403(a). Section 3. Restricted activities. (c) No public official or public employee or a member of his immediate family or any business in which the person or a member of the person's immediate family is a director, officer, owner or holder of stock exceeding 5% of the equity at fair market value of the business ; shall enter into an contract valued at $500 or more with a ` governmental body unless the contract has been awarded through an open and public process, including prior public =notice and subsequent := • :z public disclosure of all proposals considered and contracts awarded. Any contract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of making of the contract. 65 P.S. 5403(c). II. Findings: 1. You serve as a member of the Beaver Falls Municipal Authority, Beaver Falls Pennsylvania. a. You have served in this position since 1968, except for the year 1985. 2. You are part owner and president of Beaver Valley Travel Services, Inc. a. You have been affiliated with this entity since 1949. ____. b. You oversee the operation of this business. c. You are compensated on a weekly basis. Mr. Charles Marsico Page 2 3. Beaver Valley Travel Services, Inc., is an all inclusive travel agency handling various forms of travel and accommodations including airline, steamships, trains, hotels, car rental and sightseeing. 4. You are also a partner in the following companies: a. Marsico Amusement Company which consist of video vending machines. b. Marsico Land Company which consists of real estate holdings. 5. You have served as a director for First Federal Savings & Loan since 1974. a. In 1984 First Federal merged with Concord Liberty and you remained on the Board until 1988. b. You were compensated at $500.00 per month as a director, and earned $300.00 extra per month in 1986 - 1988 for serving as secretary. 6. Minutes of the Beaver Falls Municipal Authority Board of Directors reflect the following in relation to travel expenses for board members: a. April 16, 1980: A motion by Lutton to increase the travel allowance of board members 5 cents per mile (to 25 cents) was seconded by Wogan and passed by vote of Sidney, Lutton, Alderette and Wogan. b. August 22, 1980: The PMAA Convention was discussed. A motion was made by Wogan to allocate $10.00 per day ($40.00) to board members and officers attending the Convention to offset parking expenses. Alderette seconded and the motion passed Marsico, Lutton, Alderette, Taylor, Wogan. 7. The Authority acted on motions to place restrictions on board members' expenses when attending conferences: a. December 16, 1981: Mr. Alderette stated that he would like to put forth a motion to restructure the payment of expenses for conferences, meetings, and seminars, etc., attended by Mr. Charles Marsico Page 3 Board Members, authorized by the Board and employees authorized by the Board. Mr. Alderette moved as follows: The group shall attend such functions as a delegation. The changes and expenses shall be as follows: From a flat per day payment and mileage allowance to actual hotel expenses with reservations to be made by the Authority Manager for all participants at the same hotel. This hotel expense will be billed to and paid by the Authority. The manager shall obtain a credit card in the Authority name and shall arrange to pay for all meals of the delegations attending such conference with such card. Transportation will be arranged by the manager as follows: Where air travel to the site is possible, the lowest coach airfare shall be obtained. In lieu of the participants not utilizing air transportation, reimbursement for actual monies spent shall be made after presentation of paid receipts. This reimbursement must be acted upon favorably at the next regular meeting of the Board following the trip. However, no more than the lowest coach air fare shall be paid in_ any _ case. Local transportation and expenses will be reimbursed by the Authority after presentation of paid receipts in the above prescribed manner. Changes put further in this motion will result in a cost savings to the Authority. This motion was seconded by Mr. Lutton and a roll call vote was called for with the following results: Lutton - Marsico employee 4 to 1. yes, Taylor - yes, Alderette - yes, Wogan - No, - Yes. Where upon the new policy for Board and expenses for conferences was approved by a vote of b. February 4, 1982: Mr. Verlihay reported to the Board that pursuant to the motion made by Mr. Alderette at the December meeting of the Board, Mellon Bank required a resolution by the Board of Directors to accompany an application for mastercard /or visa. Mr. Verlihay then read the resolution which is attached hereto and made a part hereof of Exhibit B to the Board. Mr. Alderette moved and the Board adopted said resolution. Mr. Lutton seconded this motion and a roll call vote was called for with the following results: Lutton - yes, Taylor - yes, Alderette - yes, Wogan - No, Marsico - Yes. Whereupon the motion was adopted by a vote of 4 to 1. Mr. Charles Marsico Page 4 Mr. Lutton then moved that the Manager be the Beaver Falls Municipal Authority pursuant to the resolution make application with Melon Bank for a Mastercard and Visa card and that the manager be the authorized signature on the card. This motion was seconded by Alderette and a role call- vote was called for with the following results: Lutton - yes, Taylor - yes, Alderette - yes, Wogan - No, Marsico - Yes. Whereupon the motion was approved by a vote of 4 to 1. Mr. Alderette was recognized and moved that the December motion that he made with regard to reimbursements for travel expenses be amended so that rather than an individual being reimbursed for actual automobile expenses incurred that an individual using his own motor vehicle be reimbursed travel expenses at the stated authorized mileage reimbursement rate plus expenses incurred for tolls and parking, and in no case shall the reimbursement exceed the lowest comparable coach air fare for transportation to the site, is available. Mr. Lutton seconded this motion and a role call vote was called for with the following results: Lutton - yes, Taylor - yes, Alderette - yes, Wogan - No, Marsico - yes. Whereupon the motion was approved by a vote of 4 to 1. c. April 1, 1982: Mr. Alderette moved that he would like to amend the previous Authority policy for reimbursement of travel expenses and the motion being that those individuals traveling on official business for the Authority have their choice of transportation and that the manager audit any expenses of the board with reference to travel. This motion was seconded by Mr. Lutton and unanimously approved. d. April 21, 1983: Mr. Lutton was then recognized in regards to the proposed amendment to the Authority's travel reimbursement policy. The motion being to amend the travel portion of the Authority's expense policy and to pay those attending conventions and conferences on behalf of the Authority and in furtherance of the Authority's business, the Internal Revenue Service rate of 20 cents per mile. This motion was seconded by Mr. Wogan and unanimously passed. Mr. Charles Marsico Page 5 e. January 10, 1985: A visitor was then recognized and asked whether or not it was appropriate for the Authority to purchase airline travel. tickets from Mr. Marsico. Mr. Andrews indicated to the visitor that at one of the Pennsylvania Municipal Authority Association Conventions attended by the Board members and the manager, that PMAA Solicitor, Mr. Bill Marcus, had reported that it would not be proper for the Authority itself to make any direct contracts with a Board member and that any such services between a Board member and the Authority would be gratuitously rendered. Mr. Andrews also pointed out that the Authority had not contracted with Mr. Marsico or his company for the purchase of airline travel tickets for Authority travel but that each individual member of the Board traveling was paid their travel allowance directly by the Authority and that it was the responsibility of the individual to make his own travel arrangements, and that, therefore, there was no violation of any_ - EthicsUAct or Conflict of _:Interest with regard to the manner in which travel arrangements are made by the Authority. 8. Records of the Beaver Falls Municipal Authority indicate that the Authority maintains a Mastercard /Visa account with Mellon Bank. a. Reference #116 744 380 0, Charged 8940, Wilmington, Delaware 19886. Services, P.O. Box Services, P. 0. Box b. Reference #110 744 380 0, Charged 371322M, Pittsburgh, PA 15250. 9. Records of the Beaver Falls Municipal Authority reflect the following checks issued to the Beaver Valley Travel Services, Inc. by the Authority for airline tickets: a. June 5, 1981, Check Number 14198, $138.00, Beaver Valley Travel Service Invoice Number 04610, purpose - round trip Pittsburgh - Harrisburg, C.M. Andrews, May 12 and 13, 1981. b. July 9, 1981, Check Number 14389, 208.00, Invoice Number 04949, round trip Pittsburgh - Louisville, Andrews, May 27 & 28, 1981. c. March 8, 1982, Check Number 15509, $296.00, Invoice Number 09711, two round trip - Pittsburgh to Washington, February 21 and 23, 1982. Mr. Charles Marsico Page 6 d. July 6, 1982, Check Number 16265, $266.00, Invoice Number 11949, round trip Pittsburgh - Louisville, Andrews, June 9 & 10, 1982. e. November 5, 1982, Check Number 17324, $106.00, Invoice Number 13458, round trip - Pittsburgh - Parkersburg, Andrews, October 6 & 7, 1982. f. October 5, 1984, Check Number 28250, $624.00, Invoice Number 106535, one trip - Pittsburgh to Washington - 3 trips Washington to Pittsburgh, Andrews - Verlihay - Wiley, September 19, 1984. *Agent listed as C. Marsico. November 7, 1984, Check Number 28506, $424.00, Invoice Number 107149, two round trip Pittsburgh - Harrisburg, Andrews &Richter (4X Project), October 22, 1984. *Agent listed as C. Marsico. h. June 17, 1986, Check Number 1465, $185.00, Invoice Number unknown, round trip to Harrisburg, Tom. i. November 7, 1986, Check Number 2487, $158.00, Invoice Number 120273, round trip to Harrisburg, Andrews, October 29, 1986. May 15, 1987, Check Number 3633, $814.43, Invoice Number 123838, round trip Pittsburgh - Boston, Andrews and Marsico (April 25 & 26, 1987) Invoice Number 123839, round trip Pittsburgh - Boston, Alderette, Massa, Verlihay. *Agent listed as C. Marsico. Check Number 3633, $180.57, Invoice Number 502551, Refund - round trip Pittsburgh - Boston, Verlihay. k. October 9, 1987 check number 4737, $264.00, Invoice number 127144 round trip Pittsburgh - Cincinnati, Tom Humphrey, September 23 & 24, 1987. 1. December 4, 1987 check #5143 $204.00 Invoice Number unknown, round trip Pittsburgh - Cincinnati, Pat Signore, November 23, 1987. m. October 14, 1988 $1,197.00 Invoice Number 134705, round trip Pittsburgh - Orlando, Sherin, September 29 to October 2, 1988, also round trip Pittsburgh to Orlando, both same dates, also round trip Pittsburgh to Seattle, Signore, October 13 to 18, 1988, also round trip Seattle to Oregon, Signore October 14, 1988. g. 7 Mr. Charles Marsico Page 7 10. Beaver Falls Municipal Authority made payments to Beaver Valley Travel Service as follows. Beaver Valley Travel Service realized commissions as a result of these payments: 11. Year 1981 1982 1984 1986 1987 1988 1989 Marsico was dates: Amount Paid $ 346.00 668.00 1,622.00 343.00 1,655.86 1,415.00 708.00 listed as agent 10/5/84 - $624.00 11/7/84 - 424.00 5117187 663.86 For the Year: 1983 Commission $ 31.83 61.45 149.22 31.56 152.34 138.18 65.13 for sales on the following The minutes of the Beaver Falls Municipal Authority reflect that there were no votes taken by the Board to purchase air tickets trom Beaver Valley Travel services, Inc. The minutes also reflect no discussions in this regard. 12. Records of the Beaver Falls Municipal Office indicate the following Statements of Financial Interest for you, on file with City Clerk /Coordinator Perry C. Wayne, Jr. a. Filing Date: March 26, 1984 Source of Income: Beaver Valley Travel Service,_ Inc.; Marsico Amusement Company; Marsico Land Company Office or Directorship: Concord Liberty Savings & Loan Direct or Financial Interests in Any Business For Profit: Beaver Valley Travel Service, Inc. - 50 Percent of Stock; Marsico Land Company - 50 Percent of Partnership;'`` Marsico ` Company - 50 Percent of Partnership Real Estate Interests: Marsico Land Company All Other Financial Interest Categories: None Mr. Charles Marsico Page 8 b. Filing Date: April 21, 1986 For the Year: 1985 Source of Income: Beaver Valley Travel Service, Inc.; Marsico Amusement Company; Marsico Land Company Office or Directorship: Beaver Valley Travel Service, Inc. - President; Concord Liberty Savings & Loan - Director Real Estate Interests: Marsico Land Company, Partnership - 50 Percent All Other Financial Interest Categories: None c. Filing Date: March 26, 1987 For the Year: 1986 Source of Income: Beaver Valley Travel Service, Inc; Marsico Amusement Company; Marsico Land Company Office or Directorship: Concord Savings & Loan Association - director All Other Financial Interest Categories: None d. Filing Date: April 22, 1988 For the Year: 1987 Source of Income: Beaver Valley Travel Service, Inc.; Marsico Amusement Company; Marsico Land Company Office or Directorship: Beaver Valley Travel Service, Inc. - President; Concord Liberty Savings & Loan - Director Financial Interest in Business For Profit: Beaver Valley Travel Service, Inc; Marsico Land Company; Marsico Amusement Company Real Estate Interests: Marsico Land Company All Other Financial Interest Categories: None e. Filing Date: May 1, 1989 For the Year: 1988 Mr. Charles Marsico Page 9 Source of Income: Beaver Valley Travel Service, Inc; Marsico Amusement Company; Marsico Land Company Office or Directorship: Beaver Valley Travel Service, Inc., President - Director; Concord Liberty Savings & Loan Direct or Financial Interest in Business or Profit: Beaver Valley Travel Service, Inc; Marsico Land Company; Marsico Amusement Company Real Estate Interests: Marsico Land Company - Partner All Other Financial Interest Categories: None 13. Pat Signore has served as The Beaver Falls Municipal Authority Business Manager since 1987. a. He generally purchases airline tickets through Beaver Valley Travel Service Inc., but such purchases are billed to the authority charge account. b. He was never told to purchase airline tickets from Beaver Valley Travel Service, Inc. 14. Prior Authority policy was to allocate an allowance to board members attending Conventions, meetings or conferences who would then make their own travel arrangements. 15. The Beaver Falls Municipal Authority members do not generally vote on the payment of individual daily operating expenses of the Authority. 16. Charles Andrews the Municipal Authority Manager also made travel arrangements for board members and employees. 17. Charles Marsico did not receive commissions on the sales of airline tickets by Beaver Valley Travel Service to the Beaver Falls Municipal Authority. a. Marsico is a salaried employee of the company and receives a weekly salary. III. Discussion: As the Chairman of the Beaver Falls Municipal Authority, Charles Marsico, hereinafter Marsico, is a public official as that term is defined under the Ethics Act and the regulations of this Commission. 65 P.S. S402; 51 Pa. Code 51.1. As such, he is subject to the provisions of the Ethics Act and the restrictions therein _are _ applicable to him. Mr. Charles Marsico Page 10 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. 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); Yacobet 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. Additionally, under Section 3(c) of the Ethics Act quoted above, this provision of law provides, in part, that no public official shall enter into a contract valued at $500 or more with his governmental body unless the contract was awarded through an open and public process. In the instant matter, Marsico has, except for the 1985 year, served as a member of the Beaver Falls Municipal Authority (Authority), since 1968. Marsico as part owner and president of Beaver Valley Travel Services, Inc. during this period and is compensated on a weekly basis. The travel agency handles all forms of travel and accommodations including airlines, steam ships, trains, hotels, car rental and site seeing. Mr. Charles Marsico Page 11 In 1980 the Authority Board reviewed their practices relative to travel expenses. Thereafter, in a December 16, 1981, Authority Board meeting, restrictions were imposed upon expenses incurred by members attending conferences. In addition to modifying the practices as to attendance and changing from a flat per diem payment and mileage to actual expenses, the Authority manager was directed to obtain a credit card and arrange to pay for all meals and transportation within certain parameters. In particular, transportation was to be at the lowest coach airfare unless another means of motor transportation would be utilized wherein reimbursement would be made for actual money spent after presentation of receipts followed by favorable action by the Board. A motion was made to finalize the above proposed action and Marsico voted with the majority. In a February 4, 1982, Authority Board meeting, one of the matters considered related to reimbursement for travel expenses in situations where Authority Board members utilized their own automobiles for travel. It was proposed that instead of an Authority Board member being reimbursed for actual automobile expenses, reimbursement should be made at an authorized mileage reimbursement rate plus expenses for tolls and parking which would not exceed a comparable coach airfare for transportation. A motion was made in favor of the proposal and Marsico voted with the majority to adopt the "proposal. The travel policy for - Authority Hd members was modified thereafter in an April 1, 1982, meeting whereby an individual traveling on official business could have choice of transportation subject-to an audit of his expenses by the tanaq =� This motion was passed unanimously. In an April 21, 1983 meeting a motion was made and passed unanimously which would authorize Authority Board members to receive the IRS rate of twenty cents per mile payment for attending conventions and conferences on behalf of and in furtherance of Authority business. In a January 10, 1985, Authority meeting, a person inquired as to propriety of the Authority purchasing airline tickets from Marsico. The solicitor at that time responded that Marsico or his company had not contracted with the Authority and that each individual Authority Board member was paid his travel allowance directly by the Authority. The records of the Authority reflect checks issued to the Beaver Valley Travel Services, Inc. by the Authority for airline tickets. Of the thirteen instances outlined in Fact Finding 9 relating to payments to the Beaver Valley Travel Services, Inc., it is noted in ten of those transactions the invoice amount is under the $500 threshold limit of Section 3(c) of the Ethics Act quoted above. As to the remaining three transactions, a payment of $624 was made on October 5, 1984, for an invoice covering one trip between Pittsburgh and Washington and three other trips between Washington and Pittsburgh for individuals by the name of Andrews, Verlihay, Wiley with Marsico listed as the agent. Since that invoice covered four trips, an individual break down on a trip basis would lower that amount below the $500 contracting requirement. Another payment occurred on Nay 15, Mr. Charles Marsico Page 12 1987, in the amount $814.43 for two invoices covering a round trip from Pittsburgh to Boston for Andrews and Marsico and a round trip from Pittsburgh to Boston for all Alderette, Massa, Verlihay. By making a break down on either an invoice basis or on an individual trip basis, each particular purchase or invoice would be under the $500 amount. Lastly, a check in the amount of $1,197.00 was issued on October 14, 1988, for round trips between Pittsburgh and Orlando between September 29, and October 2, 1988; a second round trip between Pittsburgh and Orlando on the foregoing dates; a round trip between Pittsburgh and Seattle between October 13, and October 18, 1988 and also a round trip between Seattle and Oregon on October 14, 1988. Although the purchase of the above tickets through the Beaver Valley Travel Service, Inc. generated commissions to that agency, Marsico did not receive those commissions even for those transactions where he was listed as agent since he received only a weekly salary. The minutes of the Authority reflect that there were no votes taken by Board members regarding the air tickets from Beaver Valley Travel Services, Inc., nor were there any discussions in that regard. In addition, the Authority Board members do not vote on the payment of individual operating expenses of the Authority and it is the responsibility of the Authority manager to make travel arrangements for Board members and employees. In applying the provisions of Sections 3(a) and 3(c) of the Ethics Act to the instant matter, we do not believe that the activities of Marsico in this situation transgress the provisions of Section 3(a) quoted above. One of the requirements for finding a violation of Section 3(a) of the Ethics Act necessitates a use of office on the part of the public official to obtain a financial gain for himself, a member of his immediate family or business with which he is associated. It is true that Beaver Valley Travel Services, Inc. is a business with which Marsico is associated and indeed that travel agency did obtain a financial gain to the extent of the commissions it received as to the airline tickets purchased for Authority members. Likewise, such financial gain is not authorized in law because there is no authorization in the Municipality Authorities Act which would allow contracting by a business with which a board member is associated. However, in this instance we do not find the requisite use of office. In particular, we note that it was the responsibility of the general manager of the Authority and not the Authority Board members to make the travel arrangements. Further, we note that the minutes of the Authority reflect that the Authority Board members did not take votes or have any discussions regarding the purchase of air tickets from the Beaver Valley Travel Services, Inc. In light of the fact that there is no evidence to indicate a use of office, we find that Marsico did not violate Section 3(a) of the Ethics Act. Mr. Charles Marsico Page 13 Our decision in this matter is distinguishable from Cappabianca, Opinion 89- 014 -R, wherein we determined that there would be a use of authority of office by a state representative in choosing his building for a legislator office or choosing his travel agency for the purchase of airline tickets which generated income to himself or his travel agency. In the instant matter the evidence is devoid of any facts to establish that Marsico engaged in any direct or indirect action as to" the Authority manager selecting Beaver Valley Travel Service for travel arrangements. Without such action by Marsico, we have no factual basis for reaching a conclusion that there was a use of office. Turning to the matter of the 3(c) allegation, we find no violation because the contracts in question were less than five hundred dollars individually and there is no evidence to indicate that there was any contract fragmentation under these facts. Commonwealth v. Rankin, 158 Pa. Supra, 12 (1945). Although there is no allegation in this case regarding compliance by Marsico as to the filing requirements for the Financial Interests Statements, a review of those statements indicates that for the 1983 calendar year, Marsico did not list the Beaver Valley Travel Service, Inc. under the category of Office or Directorship. In this regard we note that Marsico is owner and president of that business. Marsico also failed to list his ownership in the travel agency in the category of Financial Interests and Business for Profit. For the 1984 calendar year, Marsico failed to file a Financial Interests Statement which is required by Section 4 of the Act for each year that the public official or employee holds office as well as for the year after he leaves such position. 65 P.S. §404(a). As to the calendar year 1985 Financial Interests Statement Marsico failed to list the travel agency in the category of Financial Interests in Business for Profit. In the 1986 calendar year filing Marsico failed to include the travel agency both in the category of Office or Directorship as well as in the category of Financial Interests in Business for Profit. Turning to the 1987 calendar year Financial Interests Statement for Marsico, his interests in the travel agency are property listed. In light of the above, Marsico is directed to file a Financial Interests Statement for the 1984 calendar year listing all of his financial interests as well as file amended Financial Interests Statements for the other years to correct the deficiencies as noted above. Failure to comply with the above will result in appropriate action by this Commission. IV. Conclusions of Law: Mr. Charles Marsico Page 14 1. Charles Marsico is Chairman of the Beaver Falls Municipal Authority is a public official subject to the provisions of the Ethics Act. 2. Marsico did not violate Section 3(a) of the Ethics Act when the general manager of the authority purchased airline tickets from the - Beaver Valley Travel Service, Inc., a business with which Marsico is associated, since there was no evidence to establish the requisite use of public office to obtain that financial gain. 3. Marsico did not violate Section 3(c) of the Ethics Act as to contracts to purchase individual airline tickets from Beaver Valley Travel Service, a business with which Marsico is associated, since the individual contracts were under $500 and there is no evidence to indicate any contract fragmentation. In re: Charles Marsico ORDER No. 778 1. Charles Marsico as Chairman of the Beaver Falls Municipal Authority did not violate Section 3(a) of the Ethics Act when the general manager of the authority purchased airline tickets from the Beaver Valley Travel Service, Inc., a business with which Marsico is associated, since there was no evidence to establish the requisite use of public office to obtain that financial gain. 2. Marsico did not violate Section 3(c) of the Ethics Act as to contracts to purchase individual airline tickets from Beaver Valley Travel Service, a business with which Marsico is associated, since the individual contracts under $500 and there is no evidence to indicate any contract fragmentation. 3. Marsico is hereby directed within 30 days of the date of this Order to file a Financial Interests Statement for the calendar year 1984 as well as file amended statements for the calendar years 1983, 1985 and 1986, which reflect a listing of his interests in Beaver Valley Travel Service, Inc. in all of the appropriate financial disclosure categories. Failure to comply with the above will result in appropriate action by this Commission. Commissioner Robert W. Brown dissents. : File Docket: 88 -066 -C Date Decided: December 6, 1990 : Date Mailed: January 3. 1991 BY THE COMMISSION, �. se .“.erns �a�tire.ca.4 G. SIEBER PANCOAST, COMMISSIONER STATE ETHICS COMMISSION 308 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 17108 -1470 TELEPHONE (717) 783 -1610 Mr. Charles Marsico c/o Robert J. Masters Attorney at Law Hudacsek and Lewis Law Building 1126 Sixth Avenue Beaver Falls, PA 15010 January 29, 1991 Re: Order 778, File No. 88 -066 -C Dear Mr. Marsico: On January 14, 1991, the State Ethics Commission received the Statements of Financial Interests of Anthony Marsico for the calendar years 1983, 1985 and 1986. On January 25, 1989, the Financial Interests Statement for Marsico was received for the 1984 calendar year. such. JJC /emg This letter will be part of the Order and a public record as Sinc 1 o xec tive Director