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
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