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HomeMy WebLinkAbout748 SenioIn re: John Senio STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -064 : Date Decided: May 17, 1990 : Date Mailed: May 29, 1990 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair Dennis C. Harrington James M. Howley Daneen S. 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 2.38. 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 member of the Lackawanna County Commissioner, violated the following provisions of the State Ethics Act the and calendaroyears Statements of 1 of each year: Interests 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). 1. You presently serve as a Lackawanna County Commissioner. You have served in this position since 1988. 2. A review of the statements of financial interest at the Administrative Offices of Lackawanna County Found no statements on file for you for the calendar years 1987 and 1988. 3. You thought your statements of financial interest were already on file. a. You believed that your statements of financial interest could be at the County Clerks Office. 4. After another review of the files at the Administrative Offices of Lackawanna County your statements of financial interest for the calendar years 1987 and 1988 were filed but disclosed the following: a. Your statement of financial interest for the calendar year 1987 dated 1988 did not list Lackawanna County as a source of income in excess of $500.00. b. Your statement of financial interest dated April 7, 1989 did not to list a calendar year. This statement also did not list Lackawanna County as a source of income in excess of $500.00. Mr. John Senio Page 3 5. You forwarded copies of your amended 1987 and 1988 statements of financial interest to the State Ethics Commission. These forms noted the following: a. Statement Date: Calendar Year: Source of Income: All other Inc. Creditors: b. Statement Date: Calendar Year: Creditors: Sources of Income: All Inc. 1988 1987 Mr. Cann's Clothing Hotel Ponderosa County Commissioner categories of financial interest: 1st National Bank of Jermyn Pioneer American Bank April 7, 1989 1988 lst National Bank of Jermyn Mr. Cann's Clothing Hotel Ponderosa County Commissioner Senio's other categories of financial interest: Senio's III. Discussion: John Senio as a Lackawanna County Commissioner, is a "public official" as that term is 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 Mr. John Senio Page 4 Commission, 56 Pa. Cmwlth. 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 John Senio as a Lackawanna County Commissioner violated Section 4(a) of the Ethics Act by failing to. file Financial Interests Statements for the 1987 and 1988 calendar years. Although an initial review of the administrative offices of Lackawanna County did not reflect that Financial Interests Statements for the calendar years 1987 and 1988 were on file, a subsequent review revealed that said reports had been filed. Accordingly, based upon the above, we find that John Senio did not violate Section 4(a) of the Ethics Act regarding the filing of his Financial Interests Statements for the 1987 and 1988 calendar years. IV. Conclusions of Law: 1. As a Lackawanna County Commissioner John Senio is a public official subject to the restrictions and filing requirements of the Ethics Act. 2. John Senio did not violate Section 4(a) of the Ethics Act in that he filed Statements of Financial Interests for the 1987 and 1988 calendar years. In re: John Senio : File Docket: 89 -064 : Date Decided: May 17, 1990 : Date Mailed: May 29, 1990 ORDER No. 748 1. John Senio, as a Lackawanna County Commissioner and as a public official, did not violate Section 4(a) of the Ethics Act regarding the filing of the Financial Interests Statements for the 1987 and 1988 calendar years which were filed with the administrative offices of Lackawanna County. BY THE COMMISSION, ELENA G. HUGHES, CHAIR