Loading...
HomeMy WebLinkAbout177 DelducoMr. A. Alfred Delduco 220 Lincoln Street Kennett Square, PA 19348 RE: No. 82 -74 -C Dear Mr. Delduco: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION No. 177 February 28, 1983 The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation. The individual allegations, conclusions and findings on which those conclusions are based are as follows: I. Allegation: That you did not file a Financial Interest Statement by the required date of May 1, 1982. A. Findings: 1. As a Borough Councilperson, you are a public official and subject to the requirements of the State Ethics Act, Act 170 of 1978. 2. There was no Financial Interest Statement on file at the Borough by May 1, 1982, although you state that you did complete and return the form. 3. Upon being notified that no form had been filed at the Borough, you completed and returned a Financial Interest Statement on June 6; 1982. 4. There is no evidence that you intentionally failed to file a Financial Interest Statement. B. Discussion: Public officials are required to file Financial Interest Statements by May 1 of each year containing information for the previous calendar year. Although it is uncertain whether you filed the form by May 1, 1982, you did correct this situation by filing a statement on June 6, 1982. There is no reason for the Commission to take further action on this matter. C. Conclusion: The Commission will take no further action on this late filing. Mr. A. Alfred Delduco February 28, 1983 Page 2 II. Allegation: That you failed to list specific solicitorships and major clients from whom you received an excess of $500. A. Findings: Findings 1 -4 are incorporated here by reference. 5. You have income from a law practice and this was reported on your Financial Interest Statement. 6. You did not represent clients before the Borough of Kennett Square. 7. You did not act as a solicitor for any political subdivision. B. Discussion: Section 5(b)(5) of the Ethics Act requires that filers report the name and address of any person who is the direct or indirect source of income of $500 or more. In addition, Section 5.7(b) of the Ethics Commission regulations requires that: Professionals, whether acting as individuals or members of a business, are required to disclose as sources of income those persons who have paid fees for service related to matters before the governmental body with which the public official or public employee is or, if a candidate, would be associated. In all other cases only the name of their firm or business is to be listed. 51 Pa. Code 5.7(b). You had neither solicitorships nor major clients which you were required to report and therefore, there is no violation of the filing requirements of Section 5(b)(5). C. Conclusion: You did not violate Section 5(b)(5) of the Ethics Act because there were no solicitorships or major clients whom you were required to report as sources of income as set forth in the Ethics Act or State Ethics Commission regulations. III. Allegation: That you failed to identify ,individual corporations from whom you received more than $500 in dividends. A. Findings: Findings 1 -7 are incorporated here by reference. 8. You received dividends of $500 or more from Asarco, Freeport Mining, Eastern Gas and Fuel Association, Emons Industries, Alleghey - Ludlum Corporation, and Citizens Utilities, B. 9. You did not report these as sources of income on your Financial Interest Statement. B. Discussion: Section 5(b)(5) of the Ethics Act has been cited above and applies to this allegation. Mr. A. Alfred Delduco February 28, 1983 Page 3 You failed to identify the corporations from which you received dividends of $500 or more per year. However, there is no evidence that this failure was intentional and you amended all Financial Interest Statements on file by adding corporations from whom you received $500 or more. The Commission is satisfied with this amendment and will take no further action on this matter. C. Conclusion: You violated Section 5(b)(5) of the Ethics Act by failing to report individual corporations from whom you received $500 or more in dividends. However, your Financial Interest Statements have been corrected and the Commission will take no further action on this matter. IV. Allegation: That you did not provide specific information for real estate interest in Item 13 of your Financial Interest Statement. A. Findings: Findings 1 -9 are incorporated here by reference. 10. You reported no real estate interests or transactions with the Commonwealth, its agencies or political subdivisions on your Financial Interest Statement for calendar year 1981, filed January 6, 1982. 11. You had reported rentals at Chadds Ford, Pennsylvania, on your statement for 1980, dated April 25, 1981, under Item 13 -- Real Estate Interest involving the Commownwealth, etc. a. However, these rentals did not relate to the Commonwealth, its agencies or political subdivisions. b. Income exceeding $500 from this property would be reportable under Item 15 -- Source of Income. B. Discussion: Section 5(b)(3) of the Ethics Act requires: (3) Any direct or indirect interest in any real estate which was sold or leased to the _ Commonwealth, any of its agencies or political subdivisions; purchased or leased from the Commonwealth, any of its agencies or political subdivisions; or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions. Your Financial Interest Statement for the year 1980, dated April 25, 1981, incorrectly listed the Chadds Ford properties in Item 13. This was incorrect because this real estate did not involve the Commonwealth, its agencies or political subdivisions and, therefore, was not required to be reported under Item 13. While this property- income was to be listed under Item 15, we are convinced the reporting under Item 13 and not Item 15 on your Financial Interest Statement dated April 25, 1981, was inadvertent. You correctly reported this real estate as a source of income on Item 15 of your Financial Interest Statement for the year 1981, dated January 6, 1982. Mr. A. Alfred Delduco February 28, 1983 Page 4 C. Conclusion: You did not violate the Ethics Act in respect to the Chadds Ford property because there was nothing required to be reported on Item 13 of your Financial Interest Statement for 1981, and reporting income from this property under Item 13 and not Item 15 on your April 25, 1981 Financial Interest Statement was inadvertent. Your reporting this rental property as a source of income if applicable in the future should conform to these conclusions. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will be made available as a public document 15 days after service unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this Order, may violate this confidentiality by releasing, discussing or circulating this Order. Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1000 or imprisoned for not more than one year or both, see 65 P.S. 409(e). PJS /rdp By the Commission, aul J./ mith Chai rma 9