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HomeMy WebLinkAbout487 TaglieriMs. Joann Taglieri 110 Hibiscus Drive Turtle Creek, PA 15145 Re: 85 -19 -C Dear Ms. Taglieri: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION May 2, 1986 Order No. 487 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 township auditor and candidate for township treasurer, Wilkins Township in Allegheny County, violated Section 3(h) of the Ethics Act, which prohibits a public employee, public official or candidate from offering, soliciting or accepting anything of value based on an understanding that the vote, official action or judgment of the public official, public employee or candidate will he influenced when you pledged to contrihute $1,000.00 annually to the Democratic Committee if they would support you in your campaign if you are successful in the November election. A. Findings: 1. You were an auditor in Wilkins Township and were nominated by the Democratic party as their candidate for the office of treasurer /tax collector in the May, 1985 primary's, and as such, were subject to the provisions of the Ethics Act. 2. The Democratic Committee, Wilkins Township, held a special meeting on Tuesday, Fehruary 2.6, 1985. The purpose of the meeting was to endorse candidates for the May primary elections for the positions of commissioner and treasurer. 3. According to the minutes of the meeting, as written by Committee Secretary Irene Pohl, there were 13 committee memhers present, 12 qualified to vote. 4. The incumhent Treasurer, George M. Dorado, was also present at the meeting. 5. You and George M. Porado were seeking the Democratic Committee endorsement and had written letters to the committee. 6. According to the minutes, the Committee Chairman, Angie Gialloreto, asked for remarks from the candidates. George M. Porado declined to comment. You said that you were a candidate for treasurer and added if you were endorsed and elected, you would contrihute 51,000.00 to the Democratic party because it was hard for the organization to raise funds because of the work situation in the community. Ms. Joann Taglieri Page 2 may 2, MI6 7. In the election that followed, committee member George Porado nominated his son, George M. Porado, for the office of treasurer. That motion was seconded by Jack Hanlon. 8. In the secret ballot that followed, you received 9 votes, Porado received 2 votes, 1 voter abstained. 9. You were defeated in the May primary's by George M. Porado who had run as an independent Democrat. 10. You made no contribution to the Democratic Committee since you lost in the primary election. B. Discussion: As a candidate for the position of township treasurer /tax collector you are generally within the purview of Section 403(b) of the State Ethics Act which provides as follows: Section 3. Restricted activities. (b) No person shall offer or give to a public official or public employee or candidate for public office or a member of his immediate family or a business with which he is associated, and no public official or public employee or candidate for public office shall solicit or accept, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the public official or public employee or candidate for public office would be influenced thereby. 65 P.S. 403(b). We must review your conduct within the purview of this section of the Act. Speci fical ly, the actual evidence clearly i ndicates that you offered to contribute $1,000.00 to the Democratic Committee in Wilkins Township, Allegheny County, in return for that committee's endorsement of you as the treasurer /tax collector candidate. You pledged this money for the endorsement of that committee in relation to your candidacy. Section 403(b) above provides that no person shall offer or give to a public official or a public employee anything of value including a political contribution based on the understanding that the official's vote, action or judgement would be influenced thereby. While you are a person within the purview of this section of the Act you did not make any offer to a puhlic official, public employee, or candidate for public office as those terms are defined in the State Ethics Act. The offer was made to the Democratic Party Committee members who, in that capacity, are not public officials within the purview of this Act. See Lovette, 79 -051. Additionally, the Act provides that no public official or public employee or candidate for public office shall solicit or accept anything of value based .on the understanding that the vote, official action or judgement of the official, employee or candidate for public office would be influenced thereby. While as a candidate you did solicit something of value, Ms. Joann Taglieri Page 3 By the Commission, G. Sieber Pancoast Chairman May 2, 1986 i.e., the committee's endoresement, such solicitation was not based on the understanding that a vote, official action, or judgement of any official or employee within the State Ethics Act or you as a candidate for public office would be influenced thereby. It is arguable whether your agreement to provide $1,000.00 to the party in return for the thing of value, i.e. the endorsement is a vote or is official action or is a judgement within the purview of this Section of the law. Because of the foregoing, we do not believe that the specific conduct that occurred in this situation is within the purview of Section 403(b) of the State Ethics Act. We, however, must point out that the activity that has occurred in this situation is highly questionable. We have reviewed other provisions of law and we specifically note that this type of acitivity appears to be encompassed by Title 18 Pa. C.S.A. §4701, (Crimes Code). This Commission, however, does not have the jurisdiction to investigate or make determinations under that provision of law. We do believe that your activity should be further reviewed by appropriate law enforcement authorities within that provision of law. As a result, we are referring this matter to appropriate law enforcement authorities for their further review and di sposition. C. Conclusion: Your activity as a candidate for public office, in offering $1,000.00 to a party committee in return for that party's endorsement of you as a candidate, does not appear to be encompassed by Section 403(b) of the State Ethics Act. We do believe, however, that these activities are highly questionable under other provisions of law and we are, therefore, referring this matter for review by appropriate law enforcement authorities. 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, di scussing or ci rculating 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).