HomeMy WebLinkAbout724-R CostelloMr. Regis E. Costello
c/o Mr. Ken Gormley
Mansmann, Cindrich & Titus
Twentieth Floor
Four Gateway Center
Pittsburgh, PA 15222
Re: 87 -179 -C
Dear Mr. Costello:
RECONSIDERATION ORDER OF THE COMMISSION
Order No. 724 -R
Before: Helena G. Hughes, Chair
Robert W. Brown, Vice Chair
G. Sieber Pancoast
Dennis C. Harrington
James M. Howley
This refers to the request for Reconsideration presented on
October 11, 1989, with respect to the above - captioned Order
issued on September 28, 1989 pursuant to 51 Pa. Code 2.38. The
discretion of the State Ethics Commission to grant
reconsideration is properly invoked, pursuant to our regulations,
51 Pa. Code 2.38(b) when:
(b) Any party may ask the Commission to reconsider an
Order within 15 days of service of the Order. The
person requesting reconsideration should present a
detailed explanation setting forth the reason why the
Order should be reconsidered. Reconsideration may be
granted at the discretion of the Commission only where
any of the following occur:
(1) a material error of law has been made;
(2) a material error of fact has been made;
(3
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Date Decided: October 26, 1989
Date Mailed: November 8, 1989
new facts or evidence are provided which
would lead to reversal or modification
of the order and where these could not
be or were not discovered previously by
the exercise of due diligence.
Mr. Regis E. Costello
Page 2
The Commission, having reviewed your request, must DENY your
request because none of these circumstances is present.
After conceding that the Order accurately reflects the facts
and law with respect to this matter you assert that there are
two significant omissions of fact which justify reconsideration.
You first argument relates to your failure to report
Emsworth Borough as a source of income between 1982 and 1985.
You indicate that Emsworth Borough has no system for totalling
the payments made to a zoning or building inspector. Because
Emsworth's record-keeping makes it difficult to provide this
information, you assert that the failure to disclose was an
oversight and you voluntarily agree to file amended Statements of
Financial Interests.
Even assuming that the Borough of Emsworth maintains
inadequate record - keeping, the responsibility lies with you to
obtain that income information or keep your own log of such
income. The foregoing does not present a basis for granting
reconsideration.
Turning to your second argument, you seek inclusion of a
statement in the "Conclusion and Order" portion of the Order to
the effect that you neither willfully or intentionally violated
the Act and that you acted in an honest and responsible fashion
based upon the advice of the borough solicitor. In support of
your claim, you set forth the circumstances of your public
service and suggest certain added phraseology in the Order.
Although we did not find that you intentionally or
willfully violated the Ethics Act, a perceived displeasure with
certain phraseology or the inclusion or omission of phraseology
forms no basis for reconsideration provided the three criteria
for reconsideration are absent. In: this case, you readily
concede that there are no material errors of fact or law. In
addition, there can be no new facts since the case was submitted
on stipulated findings.
In light of the foregoing, the State Ethics Commission
concludes that your request for reconsideration must be DENIED.
Mr. Regis R. Costello
Page 3
Accordingly, you have thirty (30) days from the date of this
Reconsideration denial to comply with the terms set forth in the
original Order. That Order and this decision denying
reconsideration are final and shall be made available as public
documents on the fifth (5th) business day following the date of
this Order.
By t e Commissi n,
elena G. Hughes
Chair
Mr. Regis E. Costello
c/o Ken Gormley, Esquire
Mansmann, Cindrich & Titus
Twentieth Floor
Four Gateway Center
Pittsburgh, PA 15222
STATE ETHICS COMMISSION
308 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 17108 -1470
TELEPHONE (717) 783 -1610
November 17, 1989
Re: Order No. 724 -R, File No. 87 -179 -C
Dear Mr. Costello:
On October 23, 1989, the State Ethics Commission received your
Statements of Financial Interests as required by Order No. 724 and
724 -R.
such.
JJC /na
This letter will be part of the Order and a public record as
cc: Public Binder
Si
n J on ino
Execu ive Director