HomeMy WebLinkAbout262 MarinoMr. Frank J. Marino
4072 Circle Drive
Allison Park, PA 15101
RE: 83 -174 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
December 21, 1983
Order No. 262
Dear Mr. Marino:
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 an Field Auditor III in the Auditor General's Offices during
the calendar year 1980 and are a public employee subject to the Ethics 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 4072 Circle Drive, Allison Park
PA 15101.
c. This letter was mailed regular mail first class.
d. We received no response to this letter.
Mr. Frank J. Marino
December 21, 1983
Page 2
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 4072 Circle Drive,
Allison Park, PA 15101.
c. This letter was mailed regular first class.
5. Another letter was sent to you by the Executive Director of the State
Ethics Commission, Edward M. Seladones.
a. This letter was dated September 1, 1983.
b. This letter was mailed to you at the address of 4072 Circle Drive,
Allison Pak, PA 15101.
c. This letter was mailed certified, return receipt requested, No.
5254921. It was accepted by Carl Marino on September 3, 1983.
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 4(a) of the Ethics Act states:
Section 4. Statement of financial interests required to be filed.
(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. Frank J. Marino
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:
9. Penalties.
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 believe you are subject to the penalties set forth in Section 9(b) and
will forward 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) of the Ethics Act
by not filing your Financial Interest Statement by May 1, 1981 and are subject
to the penalties set forth in Section 9(b). This order will be forwarded to
appropriate law enforcement officials for their review and action.
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 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 mith
Chairm
Mr. Frank J. Marino
4072 Circle Drive
Allison Park, PA 15101
RE: Order No. 262
Maam Address
STATE ETHICS COMMISSION
P.O. BOX 1 179
HARRISBURG, PA 17108
TELEPHONE: (717) 783 -1610
January 27, 1984
Dear Mr. Marino:
This acknowledges the receipt, by our office, of your Financial Interest
Statement on January 12, 1984. This form apparently had been filed with the
Office of the Auditor General as of November 14, 1983, but only recently
discovered and forwarded to the State Ethics Commission. You had a 15 day
period to request reconsideration in this matter by the Commission and this
period expired on January 5, 1984.
The Order of the State Ethics Commission, however, is final and public
and has been referred to the Office of the Attorney General for their review
and possible action. I suggest you contact their office at Strawberry Square,
16th Floor, Harrisburg, Pennsylvania, 17120. However, I am forwarding a copy
of your Financial Interest Statement to the Office of the Attorney General for
their consideration and will make a copy of this letter part of the public
Order in this case.
RED /rdp
cc: Robert Keuch, Dep. Attorney General
Sincerely,
Sandra S. Chri'tianson
General Counsel
State Ethics Commission • 308 Finance Building • Harrisburg, Pennsylvania