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HomeMy WebLinkAbout753 GuzziIn re: Angelo Guzzi STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -056 -C : Date Decided: June 21, 1990 . Date Mailed: July 9, 1990 Before: Helena G. Hughes, Chair 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). ADJUDICATION I. ,Allegation: That you, a former member of the Lackawanna'County Multi- Purpose Stadium Authority, violated the following provisions of the Ethics Act, (Act 170 of 1978), when you failed to file statements of financial interest for 1985, 1986, and 1987 calendar years by May 1 of each year. 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). II. Findings 1. You served with the Lackawanna County Multi- Purpose Stadium Authority from 1985 until 1988. a. You were appointed to this position by the Lackawanna County Commissioners. 2. The Stadium Authority was created by the Lackawanna 4'ounty Commissioners in April 1985 to finance the construction of a multi- million dollar baseball stadium in Moosic, Pa. The Stadium Authority continues to exist today as it oversees the operations of the stadium. a. Your duties and responsibilities with the stadium authority were involved with the architecture of the facility. 3. A review of the statements of financial interest of the administrative offices of Lackawanna County found no statements on file for you for the years 1985 through 1988. a. You were unaware that you had to file a statement of financial interest. b. This was a non - compensated position. c. You stated that you intended to file as soon as possible. Mr. Angelo Guzzi Page 3 4. You forwarded the State Ethics Commission copies of your amended statements of financial interest on January 18, 1990. a. The amended statements included the calendar years 1985, 1986, 1987, and 1988. b. All of your statements were post dated January 18, 1990. 5. Prior to 1985 non - compensated members of Authorities were not required to file statements of financial interests III. Discussion: As a member of the Lackawanna County Multi- Purpose Stadium Authority, hereinafter Authority, Angelo Guzzi, hereinafter Guzzi is 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, Guzzi'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 Law was violated. 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. Mr. Angelo Guzzi Page 4 In the instant matter, Guzzi did not file Statements of Financial Interests. He asserts that he was unaware that such statements had to be filed. Thereafter, Guzzi filed Financial Interests for the calendar years 1985 through 1988, all of which are postdated January 18, 1990. In that Guzzi did not timely file the required Statement of Financial Interests, we find a technical violation of Section 4(a) of the Ethics Act. However, since Guzzi 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. Angelo Guzzi as a member of the Lackawanna County' Multi- Purpose Stadium Authority is a public official subject to the provisions of the Ethics Act. 2. A technical violation of Section 4(a) of the Ethics Act occurred when Angelo Guzzi failed to timely file Statements of Financial Interests for the calendar years 1985 through 1988. In re: Angelo Guzzi : File Docket: 89 -056 -C : Date Decided: June 21, 1990 Date Mailed: JO 9. 1990 ORDER No. 753 1. A technical violation of Section 4(a) of the Ethics Act occurred when Angelo Guzzi, 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 Statement 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 TH COMMISSION, ELENA G. HUGHES, CHAIR Commissioner James M. Howley did not participate in the consideration of this natter.