HomeMy WebLinkAbout286 BrunoMr. Gabriel Bruno
RD #3, Box 492
Leechburg, PA 15656
RE: No. 83 -164 -C
Dear Mr. Bruno:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
March 19, 1984
Order No. 286
The State Ethics Commission has reviewed the possibility that you have
violated the State Ethics Act, Act 170 -1978. The Commission has now completed
its investigation. The individual allegations, conclusions, and findings on
which these conclusions are as follows:
I. Allegation: That as a candidate for Township Supervisor in Allegheny
Township, Westmoreland County, during 1983, you failed to properly report
Allegheny Ludlum Steel Corporation as a source of income on your Statement of
Financial Interests; and to list your spouse's occupation and source of income
as cafeteria worker with the Kiski Area School District in violation of
Section 5(b)(2) and 5(b)(5) of the Ethics Act, 65 P.S. 405, and the
regulations of the State Ethics Commission, 51 Pa. Code, Chapter 5.
A. Findings:
1. You were an unannounced write -in- candidate for Township Auditor of
Allegheny Township, Westmoreland County, in the 1983 municipal primary
election held May 19, 1983. As such, you received enough votes at this
election to secure the nomination to appear on the November 8, 1983 municipal
election ballot.
2. On June 1, 1983, the Westmoreland County Board of Elections received
your Statement of Financial Interests; the State Ethics Commission received no
such form pertaining to this candidacy.
3. On August 12, 1983, you withdrew your candidacy. Therefore, the
Westmoreland County Board of Elections withdrew your name as a candidate in
the November 8, 1983 election and did not include your name in a listing of
candidates submitted to the State Ethics Commission.
4. However, immediately after your withdrawal as a township auditor
candidate, a nomination certificate was filed by your political party
nominating you as a substitute candidate for Township Supervisor, Allegheny
Township, Westmoreland County, due to the death of an incumbent Supervisor.
The Westmoreland County Board of Elections included your name in a listing of
candidates submitted October 3, 1983, to the State Ethics Commission.
Mr. Gabriel Bruno
Page 2
March 19, 1984
5. You filed a Statement of Financial Interests with the State Ethics
Commission on August 15, 1983, as a substitute candidate for Township
Supervisor. This Statement was dated August 11, 1983.
6. You won the November 8, 1983 municipal election.
7. The statement filed August 11, 1983, did not identify your spouse by
name or occupation. Also, this Statement indicated in item 10 that you are a
metallurgist but you have no source of income exceeding $500 for calendar year
1982, (item 15).
8. The statement filed June 1, 1983, dated May 27, 1983, lists your
spouse named "Sue" and her occupation as "Cafeteria Worker" at Kiski Area
School District. Also, this statement lists "Allegheny Ludlum Steel Company,
West Leechburg, PA" as a source of income in Item 15.
9. On December 5, 1983, you telephonically contacted the Executive
Director of the State Ethics Commission and said that there was no intention
on your part to withold this information, (from your August 11, 1983 Statement
of Financial Interests).
10. On December 8, 1983, the Commission received a letter from you
amending your filed Statement of Financial Interests as follows:
Line 11 - Spouse Occupation - Cafeteria Worker.
Line 15 - Direct /Indirect Sources of Income:
Allegheny Ludlum Steel Corp. - West Leechburg, PA.
Kiski Area School District - Allegheny Township, PA.
West Haven Nursing Home - Washington Township, PA.
Hillcrest Country Club - Lower Burrell, PA.
B. Discussion:
Section 5(b)(2) and (5) of the State Ethics Act states:
Section 5. Statement of financial interests.
(b) The statement shall include the following information
for the prior calendar year with regard to the person
required to file the statement and the members of his
immediate family:
(2) The occupations or professions of the person
required to file the statement and those of his
immediate family.
Mr. Gabriel Bruno March 19, 1984
Page 3
(5) 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.
Your May 27, 1983 Statement of Financial Interests contained the
information necessary to satisfy the allegation brought by the complainant
regarding your August 11, 1983 Statement of Financial Interests.
Additionally, you added two more sources of income to your recently amended
Statement of Financial Interests, (see Finding #10).
While it is clear that the law requires accurately filed Statement of
Financial Interests the Commission recognizes the need for judicious
application of the law and allows amendments to filed statements. There is no
reason to believe that the inaccurately filed Statement of Financial Interests
of August 11, 1983, was an attempt to conceal information or realize personal
financial gain or other special advantage as a candidate for public office.
It is unlikely that you would have purposely concealed information on August
11, 1983, which you had already disclosed on your Statement of Financial
Interests filed locally in June, 1983.
C. Conclusion: Although you technically violated Sections 5(b)(2) and
5(b)(5) of the State Ethics Act, the Statements of Financial Interests are
amended and available for the public to inspect. In addition, a statement was
on file locally. Even though it was deficient, it provided substantial
information and was available to the public in time for their use in deciding
how to vote. There was no attempt to conceal information to gain advantage as
a candidate and the Commission will take no further 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
be made available as a public document 15 days after service (defined as
mailing) 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 this5rder, 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 both, see 65 P.S. 409(e).
RED /rdp
By the Commission,
aul J. (S,fnth
Chairman