HomeMy WebLinkAbout1162 VulcanoIn Re: Patrick Vulcano, Jr.
File Docket: 99- 056 -C2
X -ref.: Order No. 1162
Date Decided: 06/20/00
Date Mailed: 07/07/00
Before: Daneen E. Reese, Chair
Louis W. Fryman, Vice Chair
Julius Uehlein
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
The Investigative Division of the State Ethics Commission conducted an
investigation regarding a possible wrongful use of act and breach of confidentiality under
the Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., by the above -named
"Complainant." Written notice of the specific allegation(s) was served at the
commencement of the investigation. Upon completion of the investigation, the
Investigative Division issued and served a Findings Report, which constituted the
Investigation Division's Complaint against the "Complainant." An Answer was not filed and
a hearing was waived. The record is complete. A Consent Agreement and Stipulation of
Findings were submitted by the parties to the Commission for consideration. The Consent
Agreement was subsequently approved and the Stipulation of Findings appears as the
Findings in this adjudication. This is the determination of the Commission.
Effective December 15, 1998, Act 9 of 1989 was replaced by the Public Official and
Employee Ethics Act ( "Ethics Act "), Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et seq.,
which codifies Act 9 of 1989 and provides for the completion of pending matters under that
Act. This adjudication of the State Ethics Commission is issued under Act 93 of 1998.
Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor
subject to a fine of not more than $1,000 or imprisonment for not more than one year, 65
Pa.C.S. §1109(e). Confidentiality does not preclude discussing this case with an attorney
at law.
Vulcano, 99- 056 -C2
Page 2
I. ALLEGATION:
That Patrick Vulcano, Jr., violated Section 1108(k) and 1110(a)(2) of the State
Ethics Law when he disclosed or acknowledged to any other person information relating to
a complaint and preliminary inquiry investigation of Thomas Goldsmith, which was before
the Commission, by disclosing to the media in Easton, Pennsylvania, that he had filed a
complaint with the Ethics Commission regarding the activities of Easton Mayor Thomas
Goldsmith and when he acknowledged to the media that he had been interviewed by a
member of the Commission's investigative staff.
II. FINDINGS:
1. Patrick Vulcano, Jr., served as the City Controller for the City of Easton.
a. He served in this position since 1992.
2. Patrick Vulcano, Jr., was also a candidate for the office of the Mayor for the city of
Easton in the 1999 municipal election.
3. Vulcano's opponent in the mayoral election was incumbent Mayor, Thomas
Goldsmith.
4. On May 4, 1999, Mayor Goldsmith conducted a press conference from the Mayor's
office in City Hall, Easton, Pennsylvania.
5. On Sunday, May 9, 1999, a news article appeared in the Easton Express Times, on
the front page, entitled "Candidate Says Mayor Violated Ethics Laws."
a. The news article concerned the press conference that had been held by
Mayor Thomas Goldsmith, on May 4, 1999.
b. Patrick Vulcano was reported in the news article as indicating that he had
planned to file a complaint with the Pennsylvania State Ethics Commission
on Monday.
c. Monday was May 10, 1999.
6. On May 14, 1999, the Pennsylvania State Ethics Commission received a complaint
alleging that Thomas F. Goldsmith, the Mayor for the City of Easton, Pennsylvania
had violated the Ethics Act by engaging in a particular course of conduct outlined in
the complaint.
a. The complaint specifically alleged that on Wednesday, May 4, 1999, Mayor
Goldsmith called reporters to attend a press conference at 4:00 p.m. in the
Mayor's office in City Hall, Easton, Pennsylvania.
b. "The complaint further alleged that Mr. Goldsmith stopped working as Mayor
to attack me from a taxpayer's office on taxpayer's time. The press release
was typed on white stationary, the same kind the City uses."
7 The complaint that was received by the Pennsylvania State Ethics Commission was
signed by Pat Vulcano, Jr. and dated and notarized on May 12, 1999.
a. The complaint was on Form SEC -3, the Standard Ethics Commission
Complaint Form.
Vulcano, 99- 056 -C2
Page 3
b. Form SEC -3 delineated the confidentiality provisions of the Ethics Law,
Section 1108(j)(k); the penalties regarding confidentiality violations, Section
9(e) and the Wrongful Use of Act provisions of the Law §1110(a)(b).
8. On May 13, 1999, an article appeared in the Easton Express Times, under the
headline "Complaint Tests State Ethics Law."
a. Said article reports that Pat Vulcano, Jr. filed a formal Ethics complaint with
the State Ethics Commission against Thomas Goldsmith.
b. The article further delineates that Vulcano gave the Express Times a copy of
his complaint.
c. The news article indicates that the complaint alleges that Goldsmith used his
City Hall office for a political news conference.
d. The article further delineates that the complaint was given to the Express
Times shortly after Vulcano mailed it to the State Ethics Commission.
e. The news article indicates that the complaint, in part, specifically stated that
"The press release was typed on white stationary, the same kind the City
uses."
f. The news article further reports that the complaint stated that, "Mr.
Goldsmith stopped working as Mayor to attack me from a taxpayer's office on
taxpayer's time."
9. The quotes outlined in the news article were verbatim from the complaint filed with
the State Ethics Commission.
10. On or about May 12, 1999, Patrick Vulcano, Jr. provided a copy of the complaint
against Thomas F. Goldsmith that he had forwarded to the State Ethics Commission
to Jimmy Miller, a reporter with the Easton Express Times.
a. Vulcano advised Miller that he had mailed the form to the State Ethics
Commission shortly before the time he showed Miller the complaint.
11. The complaint was a copy of the form that had been filed with the State Ethics
Commission and, in part, contained the following allegations regarding a press
conference held by Easton Mayor Thomas Goldsmith:
a. "The press release was typed on white stationary, the same kind the City
uses."
b. "Mr. Goldsmith stopped working as Mayor to attack me from a taxpayer's
office on taxpayer's time."
12. These quotes were exact quotations from the complaint that had been filed by
Patrick Vulcano with the Pennsylvania State Ethics Commission.
13. Patrick Vulcano, Jr. confirmed that he had provided a copy of the complaint that he
filed with the State Ethics Commission regarding the activities of Mayor Thomas
Goldsmith to the Easton Express Times reporter.
14. Vulcano asserts that he provided this information because he believed it was his
duty as City Controller to report this type of activity to the citizens of Easton.
III. DISCUSSION:
Vulcano, 99- 056 -C2
Page 4
Patrick Vulcano, Jr. (Vulcano) is a resident and citizen of the Commonwealth of
Pennsylvania. As such, he is subject to the confidentiality and wrongful use of provisions
of the Public Official and Employee Ethics Act, ( "the Ethics Act "), Act 9 of 1989/Act 93 of
1998, Chapter 11.
Section 1108(k) of the Ethics Act provides in part that no person shall disclose or
acknowledge any information relating to a complaint, preliminary inquiry, investigation,
hearing or reconsideration petition which is before the Commission. Section 1108(k)
further provides for nine exceptions which are not relevant to this case.
Section 1110, the Wrongful Use of Act provision, provides in part that a Wrongful
Use of Act occurs: if a complaint was frivolous, that is, filed in a grossly negligent manner
without basis in law or fact; if a complaint was filed without probable cause and made
primarily for a purpose other than reporting an Ethics Act violation; or if a person who filed
a complaint publicly disclosed or caused to be disclosed that a complaint against another
person was filed with the Commission.
Vulcano, who has served as the Easton City Controller since 1992, was a candidate
for the office of Mayor in the 1999 municipal election.
Thomas Goldsmith, the incumbent, conducted a press conference from the Mayor's
Office in City Hall on May 4, 1999. In the Sunday, May 9, 1999, edition of the Easton
Express Times, a news article appeared entitled "Candidate Says Mayor Violated Ethics
Laws." The news article related to the press conference held by Mayor Goldsmith as well
as a statement by Vulcano that he intended to file a complaint with this Commission.
On May 14, 1999, the Investigative Division received a complaint from Vulcano
alleging that Mayor Goldsmith violated the Ethics Act by holding a press conference in the
Mayor's Office during regular working hours. The complaint was on a standard SEC -3
form which delineated the confidentiality provisions and wrongful use of act provisions of
the Ethics Act.
Thereafter, on May 13, 1999, another article appeared in the Easton Express Times
entitled "Complaint Tests State Ethics Law." The article reported that Vulcano filed a
formal complaint with this Commission; that Vulcano gave the Express Times a copy of the
complaint; that the complaint charged a violation against Mayor Goldsmith for conducting a
political news conference in City Hall Office; that the press release of the Mayor was
written on white stationery, the kind used by the City; and that the Mayor stopped working
as Mayor to attack Vulcano from a taxpayer's office on taxpayer's time." The quotes in the
news article were verbatim from Vulcano's complaint filed with this Commission.
On May 12, 1999, Vulcano provided a photocopy of the complaint against Mayor
Goldsmith to Jimmy Miller, a reporter with the Easton Express Times. Vulcano told Miller
that he, Vulcano, mailed the complaint form to the State Ethics Commission prior to
showing it to Miller. Vulcano has confirmed that he provided a copy of the complaint to
Miller of the Easton Express Times. Vulcano asserts that he provided this information as
part of his duty as City Controller to report this type of activity to the citizens of Easton.
The parties have submitted a Consent Agreement together with a Stipulation of
Findings wherein it is proposed to resolve the case by finding that Vulcano violated
Section 1108(k) of Act 93 of 1998 when he publicly disclosed information relating to a
complaint /investigation against Thomas Goldsmith; Vulcano violated Section 1110(a)(2) of
Act 93 of 1998 when he, as the complainant, publicly disclosed that he filed a complaint
against Goldsmith with the State Ethics Commission; and a payment in the amount of
$750.00 within 30 days of the issuance of this Order by Vulcano through this Commission
to the Commonwealth of Pennsylvania.
Vulcano, 99- 056 -C2
Page 5
In this case, Vulcano, the Complainant, publicly disclosed that he filed a Complaint
against Goldsmith. Section 1110(a)(2), as to confidentiality breach, prohibits the public
disclosure by the Complainant that a complaint had been filed against a person. The
foregoing occurred in this case. Since such conduct is within the proscription of Section
1110(a)(2), we find a violation of Wrongful Use of Act as to the public disclosure of the
filing of the Complaint. Furthermore, since public disclosure of the filing of the Complaint
encompasses the disclosure of any information relating to a Complaint or investigation,
Vulcano also violated Section 1108(k) of Act 93 of 1998 through the disclosure in the
Eastern Express Times that he had filed a Complaint. Therefore, Vulcano violated Sections
1108(k) and 1110(a)(2) of Act 93 of 1998. See, Yakin, Order 999.
Lastly, as noted above, the parties have filed a Stipulation of Findings and Consent
Agreement which we believe to be the proper disposition for this case based upon our
review as reflected in the above analysis and the totality of the facts and circumstances.
Accordingly, Vulcano is directed to make the payment of $750.00 to the Commonwealth of
Pennsylvania within 30 days of the date of this Order. Compliance with the foregoing will
result in the closing of this case with no further action. Noncompliance will result in the
institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Patrick Vulcano, Jr., is subject to the confidentiality and Wrongful Use of Act
provisions of Act 93 of 1998.
2. Vulcano violated Section 1108(k) of Act 93 of 1998 when he publicly disclosed
information relating to a complaint /investigation against Thomas Goldsmith.
3. Vulcano violated Section 1110(a)(2) of Act 93 of 1998 when he, as the
Complainant, publicly disclosed that he filed a complaint against Goldsmith with the
State Ethics Commission.
In Re: Patrick Vulcano, Jr.
File Docket: 99- 056 -C2
Date Decided: 06/20/00
Date Mailed: 07/07/00
ORDER NO. 1162
1 Patrick Vulcano, Jr., violated Section 1108(k) of Act 93 of 1998 when he publicly
disclosed information relating to a complaint /investigation against Thomas
Goldsmith.
2. Vulcano violated Section 1110(a)(2) of Act 93 of 1998 when he, as the
Complainant, publicly disclosed that he filed a complaint against Goldsmith with the
State Ethics Commission.
3. As per the Consent Agreement of the parties, Vulcano is directed to make the
payment of $750.00 to the Commonwealth of Pennsylvania within 30 days of the
date of this Order.
4. Compliance with the foregoing will result in the closing of this case with no further
action. Noncompliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
DANEEN E. REESE, CHAIR