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