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HomeMy WebLinkAbout756 AlberigiIn re: Ray Alberigi STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 89 -062 -C : Date Decided: June 21, 190 : Date Mailed: .Tii1y 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 not 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 anted in conformity with 51 Pa. Code S2.38. 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 1. Allegation: That you, a Lackawanna County Commissioner, violated the following provisions of the State Ethics Act, (Act 170 of 1978), when you failed to file Statements of Financial Interests for the 1987 and 1988 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 presently serve as a Lackawanna County Commissioner. You have been in office for the last six years. 2. As a Lackawanna County Commissioner you provide human services such as the building of bridges, the operation of the airport, health care and the collection of taxes. 3. 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. a. After another review of the statements of financia1 interest, a statement filed late was located for you for the calendar year 1987 dated July 20, 1989. b. Another statement was located that you had filed but failed to list what calendar year it was for and also it did not list your position as a County Commissioner as a source of income in excess of $500.00 for that year. 4. You forwarded a State Ethics Co It included income as a copy of r you mmission. • 1988 amended statement to the the correct calendar year and also your County Commissioner. Mr. Ray Alberigi Page 3 III. Discussion: Ray Alberigi 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 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 Ray Alberigi 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 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 the 1987 calendar year Statement was filed and dated July 20, 1989 and that the second statement was filed without identifying the calendar year and without listing Lackawanna County as a source of income in excess of $500. Alberigi filed an amended Financial Interest Statement for the 1988 calendar year which both identified the year and listed Lackawanna County as a source of income. Accordingly, based upon the above, we find a technical violation of Section 4(a) of the Ethics Act regarding the failure to timely file his Financial Interests Statements for the 1987 and 1988 calendar years. However, since there is no evidence to indicate that such action was done with the intent to conceal financial interests, we will take no further action. Mr. Ray Alberigi Page 4 IV. Conclusions of Law: 1. As a Lackawanna County Commissioner Ray Alberigi is a public official subject to the restrictions and filing requirements of the Ethics Act. • j . 2. A technical violation of Section 4(a) of the Ethics Act occurred when Ray Alberigi failed to timely file Statements of Financial Interests for the 1987 and 1988 calendar years. In re: Ray Alberigi 1. A technical violation of Section 4(a) of the Ethics Act occurred when Ray Alberigi, a Lackawanna County Commissioner, failed to timely file Statements of Financial Interests for the 1987 and 1988 calendar years. 2. No further action will be taken in this case since there is no evidence to indicate that the late filing was intentional. : File Docket: 89 -062 -C : Date Decided: June 21. 1990 : Date Mailed: r,>> q, 1 gQfl ORDER No. 756 BY THE COMMISSION, ELENA G. HUGHES, ' ' IR Commissioners James M. Howley and Daneen E. Reese did not participate in the consideration of this matter.