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HomeMy WebLinkAbout259 LozziMr. Michael A. Lozzi 1901 Hartranst Street, Apt. 307 Philadelphia, PA 19145 RE: File No. 83 -171 -C Dear Mr. Lozzi: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION December 21, 1983 Order No. 259 The State Ethics Commission has reviewed the possibility that you have violated the State Ethics Act, Act 170 -1978. The nature of the alleged violation is as follows: I. Allegation: That as a public employee, you failed to file a Financial Interest Statement for calendar year 1980 by May 1, 1981 as required by the State Ethics Act. A. Findings: 1. An audit of the Financial Interest Statements for calendar year 1980 required to be filed by May 1, 1981 in the Auditor General's Office was conducted by the State Ethics Commission. Your statement of financial interest was not on file. 2. You served as a Public Assistance Investigator I in the Auditor General's Office during the calendar year 1980. a. You resigned or left this position on October 31, 1980. b. You were a public employee as that term is used in the Ethics Act and upon leaving your position became a former public employee and as such are subject to the act. 3. A letter was mailed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated June 17, 1982. b. This letter was mailed to you at 1901 Hartranst Street, Apt. 307, Philadelphia, PA 19145. Mr. Michael A. Lozzi December 21, 1983 Page 2 c. This letter was mailed regular mail first class. d. We received no response to this letter. 4. A second letter was addressed to you by the Executive Director of the State Ethics Commission, Edward M. Seladones. a. This letter was dated November 5, 1982. b. This letter was mailed to you at the address of 1901 Hartranst Street, Apt. 307, Philadelphia, PA 19145. c. This letter was mailed regular mail first class. 5. Another letter was sent to you by the Executive Director of the State Ethics Commiss on, Edward M. Seladones. a. This letter was dated September 1, 1983. b. This letter was mailed to you at the address of 1901 Hartranst Street, Apt. 307, Philadelphia, PA 19143. c. This letter was mailed certified, return receipt requested, No. 0037165. It was accepted by Michael A. Lozzi. d. We received no response to this letter. 6. You have not yet filed a statement of financial interest as required by the Ethics Act. B. Discussion: Section 4ta) of the Ethics Act states: Section 4(a) (a) Each public employee employed by the Commonwealth shall file a statement of financial interest 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 finaicial 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). Mr. Michael A. Lozzi December 21, 1983 Page 3 You were required to file a statement of financial interest by May 1, 1981. You did not file this statement and have not responded to our frequent attempts to contact you to determine reasons for this failure to file. We believe you are aware of your filing requirement and are ignoring that requirement. In addition to the possible penalties under Section 4(a) cited above, Section 9(b) of the law states: Any person who violates the provisions of 3(c) or (h) or Section 4 is guilty of a misdemeanor and shall be fined not more than $1000 or imprisoned for not more than one year or be both fined and imprisoned. 65 P.S. 409(b). We are forwarding this Order to the appropriate law enforcement officials for their review and possible action. C. Conclusion: We find that you have violated Section 4(a) and are subject to the penalties set forth in Section 9(b). This order will be forwarded to the appropriate law enforcement officials for their review and possible action. Our files in this case will remain confidential in accordance with Section 8(a) of the Fthics Act, 65 P.S. 408(a). However, this Order is final and will become available as a public document within 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 $1,000 or imprisoned for not more than one year, or be both fined and imprisoned, see 65 P.S. 409(e). cc: Auditor General's Office Personnel Office EMS /rdp By the Commission, aul J/ Smith Chairm'n Mr. Michael A. Lozzi 1225 S. Juniper Street Philadelphia, PA 19147 Re: Order No. 259; File No. 83 -171 -C Dear Mr. Lozzi: SSC /jc cc: Robert L. Keuch Executive Deputy Attorney General The Honorable Vincent J. Fumo Senate of Pennsylvania Att. STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PA 17120 TELEPHONE: (717) 783 -1610 June 20, 1984 This acknowledges the receipt, by our office, of your Statement of Financial Interests on June 19, 1984. You had a 15 -day period to request reconsideration by the Commission in this matter and this period expired on January 6, 1984. The Order of the State Ethics Commission is final and public and has been referred to the Office of the Attorney General for its review and possible action. I suggest you contact the Attorney General's Office at Strawberry Square, 16th Floor, Harrisburg, Pennsylvania, 17120. However, I am forwarding a copy of your Statement of Financial Interests to that office for consideration and will make a copy of this letter part of the public Order in this case. Sincerely, era S. Chris' ianson General Counsel