HomeMy WebLinkAbout518 AntonelliMr. Robert Antonelli
2181 Garrick Drive
Pittsburgh, PA 15235
Re: 86 -101 -C
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
Order No. 518
DEC IDEDAUG 2 0 1986
MAILED 26 1986
Dear Mr. Antonelli:
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 Home Administrators, violated m Section f 4(a) and t4(d)aof theEStateeEthicsNActing
and Section 4.4(b) of the State Ethics Commission regulations which require
that public officials file a Statement of Financial Interests for the
preceding calendar year by May 1 of each year they hold office by failing to
file a Statement of Financial Interests for calendar year 1984 by May 1,
1985.
A. Findings:
1. You were a compensated member of the State Board of Examiners of Nursing
Home Administrators and were a member of that board in 1982 and during the
early months of 1983.
2. As a member of that board, you were a public official and subject to the
requirements of the State Fthics Act.
3. You were notified that a Statement of Financial Interests for calendar
year 1984 was not on file.
a. A certified letter was sent to you on November 19, 1985 and a
returned receipt by the State Ethics Commission showing that the
letter was delivered on November 21, 1985.
b. You state that you had filed forms for the years on which you served
on the board.
Mr. Robert Antonelli
Page 2
4. You stopped serving on the board in early 1983, your replacement was not
named until sometime in 1985.
B. Discussion:
Section 4. Statement of financial interests requi red to be filed.
(a) Each pu')l i c employee empl o ∎'ed by she Commonwealth
shall file r tatement of fini.siciFJ. interests for the
;p; Iced i ng calendar year with the department:, agency or
bureau ;n which he is ‘Lmployed rr,: later than May 1 of each
year that he holds su::h a lia.ltion 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 . she year after he leaves such
a position. 65 P.S. 404(a),
The State Ethics Commission has rf.cd ',.hat all "public officials" are
also "publicm ±yloyees " and thus, subject to Section 4(a) requirements. See
Carter., 79 -066. Also, the regulations of the State Ethics Commission which
have the force and effect of law, specify that "public officials" shall file
Statements of Financial Interests for each year they hold office. 51 Pa. Code
4.4(a). The Commonwealth Court has also agreed that "public officials" are
subject to the filing requirements of Section 4(a) of the Ethics Act. See
Kremer v. State Ethics Commission, 56 Pa. Cmwlth. 160, 424 A.2d 968 (1981).
§4,3.A pointed officials.
(b) Ptv person appointed as an official in the
Commonwealth's executive, legislative, judicial branches
and other statewide offices who is not a candidate shall
file his Statement of Financial Interests with the
Commission and a copy with the agency to which he is
appointed by May 1 of the year appointed or within 15 days
if appointed after May 1. 51 Pa. Code 4.3(b).
§4.4.Incumbent and former public officials.
(d) Former public officials shall file a Statement
of Financial Interests for their last year of sevice by
May 1 of the succeeding year. This statement shall be
filed at the same offices they filed when they were
incumbent officials. 51 Pa. Code 4.4(d).
It appears that your resignation from the board was informal and a
replacement not named until 1985. However, we believe you were not a public
Mr. Robert Antonel l i
Page 3
official during the year 1984 because you had resigned and, therefore, not
required to file a Statement of Financial Interests for that year.
C. Conclusion: You did not violate the State Ethics Act because you were not
required to file a Statement of Financial Interests for calendar year 1984 and
we will take no further action on this matter.
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.
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).
By the Commission,
�.cr�av� iD a�,ca - a.a7�
G. Sieber Pancoast
Chairman