HomeMy WebLinkAbout422 SrogoncikMr. John R. Srogoncik
Townhouse 361
Briarcrest Gardens
Hershey, PA 17033
Re: 85 -015 -C
"P
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
September 17, 1985
Order No. 422
Dear Mr. Srogoncik:
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, a former public employee of the Department of
Revenue, violated Section 5(b)(5) of the Ethics Act -which states that the
Statement of Financial Interests shall include the name and address of any
person who is the direct or indirect source of income totalling in the
aggregate of $500 or more because you failed to list all your sources of
income on your Statement of Financial Interests.
A. Findings:
1. You were employed by the Pennsylvania Department of Revenue from
September, 1970 to November, 1984, when you resigned. You served as a
Corporation Tax Officer II, from 1980 to 1984 and, as such, were subject to
the filing requirements of the State Ethics Act.
2. You filed Statements of Financial Interests under the terms of the Ethics
Act as follows:
a. On April 25, 1980 for calendar year 1979.
h. On April 8, 1981 for calendar year 1980.
c. On April 15, 1982 for calendar year 1981.
Mr. John R. Srogoncik
- Page 2
September 17, 1985
d. On May 11, 1983 for calendar year 1982.
e. On May 7, 1984 for calendar year 1983.
3. You also had a private accounting practice preparing state and federal
income tax returns for individuals and businesses.
4. Since 1978, you had income ranging from $1,000 to $2,000 each year
from this private practice.
5. You did not report this private practice as a source of income on your
Statement of Financial Interests for any of the years in which you had filed
statements, including calendar years 1982 and 1983. You state that you listed
these earnings as part of your spouse's business to protect yourself although
you knew it was improper.
a. The sources of income on your Statement of Financial Interests for
calendar years 1980, 1981 and 1982 include sources of your wife's
income but not an accounting practice.
7. You admit knowingly failing to report this source of income on your
Statement of Financial Interests.
8. All of your Statements of Financial Interests were certified by you as
containing information that was true and correct.
B. Discussion:
The Ethics Act provides that:
Section 4. Statement of financial interests required to be filed.
(a) Each public employee employed by the Commonwealth
shall file a statement of financial interests for the
precedi ng 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 financial 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. John R. Srogoncik
- Page 3
The Ethics Act defines public employee as follows:
Section 2. Definitions.
"Public employee." Any individual employed by the
Commonwealth or a political subdivision who is responsible
for taking or recommending official action of a
nonministerial nature with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or
s ubs idi es;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing
any person; or
(5) any other activity where the official action
has an economic impact of greater than a de
mi nimus nature on the interests of any person.
"Public employee" shall not include individuals who are
employed by the State or any political subdivision thereof
in teaching as distinguished from administrative duties.
65 P.S. 402.
As a Corporation Tax Officer II in the Pennsylvania Department of Revenue,
you were a public employee as that term is defined in the State Ethics Act.
Nugent, No. 320; Little, No. 317; Psaki, No. 315. As such, you were required
to file a Statement of Financial Interests as set forth above.
With regard to the specific nature of the interests to be reported, the
Ethics Act provides that:
Section 5. Statement of financial interests.
(a) The statement of financial interests filed pursuant to
this act shall be on a form prescribed by the commission
and shall be signed under penalty of perjury by the person
required to file the statement. 65 P.S. 405(a).
(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
immedi ate family:
(5) The name and address of any person who is the
direct or indirect source of income totalling in
the aggregate of $500 or more. However, this
September 17, 1985
Mr. John R. Srogoncik
Page 4
provision shall not be construed to require the
divulgence of confidential information protected
by statute or existing professional codes of
ethics.
You have admitted that you knowingly and intentionally failed to report
as a direct or indirect source of i ncone your private accounting services.
Although you claim you reported your accounting practice as a source of income
under your wife's employment, your Statement of Financial Interests do not
support thin claim. During the years 1972 through 1983 you earned income in
excess of $500 from that business and were, therefore, required to include
such business as a source of income on your Statement of Financial Interests.
While you were not required to report the amount of money earned, you were
required to report the source of income in excess of $500.
The Ethics Commission has the authority to:
Section 1. Duties of the commi3sion.
(11) Make recommendations to law enforcement officials
either for crimi nal prosecution or di smi ssal of charges
arising out of violation of this act. 65 P.S. 407(11).
September 17, 1985
Your intentional failure to report your private activity as a source of
income violated the provisions of the Ethics Act and may have violated other
provisions of law. As such, we believe that this matter must be referred to
the appropriate law enforcement authority for review and potential action.
C. Conclusion: As a Corporation Tax Officer in the Department of Revenue,
you violated the State Ethics Act when you failed to report on your Statement
of Financial Interests as a source of income private accounting work from
which you earned income in excess of $500 for the years 1979 through 1983.
This omission was clearly intentional and, as such, the matter will be
referred to the appropriate law enforcement authority for review and potential
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 this Order, may violate this confidentiality by
releasing, discussing or circulating this Order.
Mr. John R. Srogoncik
- Page 5
September 17, 1985
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).
JJC /sfb
By the Co mission
Her 't B. Conner
Chairman