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HomeMy WebLinkAbout205 MeleMr. Mario Mele 1240 Pinetown Road Fort Washington, PA 19034 Re: #82 -97 -C STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION June 17, 1983 Order No. 205 NOTE: WHEN COPYING ORDER #205, INCLUDE ATTACHED ADDENDA. Dear Mr. Mele: 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 failed to disclose your interest in or income from Mele Brothers Real Estate on your Financial Interest Statement as required by Section 5 of the Ethics Act, 65 P.S. 405. A. Findings: 1. As a member of the Liquor Control Board, you are a public official and subject to the State Ethics Act, Act 170 of 1978. 2. Mele Bros. Realty, 2826 Mt. Carmel Avenue, North Hills, PA, is registered in the fictitious name section of the Corporation Bureau in the Department of State. 3. You are listed as one of four persons owning or interested in this firm; you have a 25% partner interest in the business. 4. You did not receive $500 or more income from your share of that partnership during the reporting period applicable to this matter. 5. You did not report your interest as a partner in this business on your Financial Interest Statement for the years 1980 and 1981. Mario Mele June 17, 1983 Page 2 B. Discussion: Section 5(b)(5) of the Ethics Act requires: The name and address of any person who is the direct or indirect source of income totalling in the aggregate $500 or more. However, this provision shall not be construed to require the divulgence of confidential information protected by statute or existing professional codes of ethics. 65 P.S. 405(b)(5). The regulations of the State Ethics Commission defines income as gross income. While you indicated you had not received $500 in net income from that partnership, you are required to report it as a source of income if you received $500 gross income from one source or more gross and you should amend your Financial Interest Statements for all years in which you received $500 or more gross income from any source. Section 5(b)(8) requires "any office, directorship or employment of any nature whatsover in any business entity" be reported on the Financial Interest Statement. Section 5(b)(9) requires that any financial interest in any legal entity engaged in business for profit" be reported. Your failure to report your partnership and interest in the Mele Brothers Realty Company violated Section 5(b)(8) and 5(b)(9) 65 P.S. 405(b)(8) and (9) respectively because you are a partner and have 25% interest in this company. However, the Commission finds no evidence that this failure to report was other than an error and will take no further action if all statements which you have filed are amended to reflect your partnership and financial interest in this Company. C. Conclusion: You violated Sections 5(b)(8) and 5(b)(9) of the State Ethics Act and are required to amend all Financial Interest Statements which you have filed to reflect your partnership interest in the Mele Brothers Realty Company. A letter amending your statement should be sent to the State Ethics Commission with a copy to the Liquor Control Board making this amendment and stipulating that same is to be filed with your Financial Interest Statements. A separate letter should be sent for each calendar year for which you filed a Financial Interest Statement. Additionally, similar amendments must be made to reflect this; Company as a source of income as discussed above. The Commission will take no further action if these letters are received within 15 days of the date of this Order. Mario Mele June 17, 1983 Page 3 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). By the Commission, PJS /jc aaul J. S(y(ith, Chairman MARIO MELE MEMBER Honorable Paul J. Smith, Chairman State Ethics Commission 308 Finance Building Harrisburg, Pennsylvania 17120 { j l COMMONWEALTH OF PENNSYLVANIA PENNSYLVANIA LIQUOR CONTROL BOARD HARRISBURG PENNSYLVANIA 17124 ADDENDUM TO ORDER #205 July 7, 1983 # 82 -97 -C (717) 787 -5986 Dear Chairman Smith: Your letter dated June 17, 1983, was postmarked June 20, and was received by me on Thursday, June 23rd, upon my return home from Harrisburg where I spent Tuesday, Wednesday and Thursday. On Wednesday, June 29th, I met with your Executive Director to better understand the contents of the letter. At that meeting, your Executive Director extended the date of my response to Friday, July 8, fifteen days after June 23, 1983. As per your letter, I will comply with your request to amend my Financial Interest Statements for the year 1981 which was filed in 1982. Please attach this letter to that statement with the following clarification. Item 5 DIRECT OR INDIRECT SOURCES OF INCOME amend to Commonwealth of Pa. Harrisburg, Pa. 17124 Item 8 OFFICE OR DIRECTORSHIP IN ANY BUSINESS amend to Mele Bros. Realty Partner Item 9 FINANCIAL INTEREST IN ANY LEGAL ENTITY IN BUSINESS FOR PROFIT amend to Mele Bros Realty, 2826 Mt.Carmel Ave., North Hills, Pa. 19038 I am pleased to note that the grounds for which this investigation originated were totally unfounded, as evidenced by your negative findings. However, it should be noted that all this information was included in the more comprehensive GOVERNOR CODE OF CONDUCT STATEMENT OF FINANCIAL INTEREST for that year. A copy was given to your office as proof. Moreover, I want it to be known that at no time was Honorable Paul J. Smith 2 - July 7, 1983 there any intent to withhold or mislead anyone. If anything, the technical oversights, above mentioned, were a result of not completely understanding the language of the form. The 1982 STATEMENT OF FINANCIAL INTEREST signed April 27, 1933, accurately contains this information. Hopefully, this letter will satisfy the Commission. Sincerely, cc: Personnel Bureau, Liquor Control Board Mario ele