HomeMy WebLinkAbout750 HomonaiIn re: Paul A. Homonai
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLyANIA 17120
File Docket: 86 -119 -C
: Date Decided: June 21; 1990 .
: Date Mailed: July 9: 1999
Before: Helena G. Hughes, Chair
Robert W. Brown, Vice Chair
G. Sieber Pancoast
Dennis C. Harrington
James M. Howley
Daneen E. Reese
, The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No 170 of 1978, 65 P.S.
401 et. seq. Written notice, of the specific allegation(s) was served
at the commencement of the investigation. A Findings Report was
issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was filed and a hearing was waived. The record is complete. This
adjudication of the Commission is hereby issued which sets forth the
-iidividual Allegations, Findings of Fact, Discussion, Conclusions of
Law and Order.
This adjudication is final and will be made available as a public
document fifteen days after issuance. However, reconsideration may be
requested which will defer, public release of this :adjudication pending
action on the' request by the Commission. A request for
reconsideration, however, does not affect the finality of this
adjudication. A reconsideration request must be received at this
Commission within fifteen days of issuance and must include a detailed
explanation of the reasons as to why reconsideration should be granted
in conformity with 51 Pa. Code 52.38.
The files in this case will remain confidential in accordance
with Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen
day period and no one unless the right to challenge this Order is
waived, may violate confidentiality by releasing, discussing or
circulating this Order. However, confidentiality sloes not preclude
discussing this case with an attorney at law.
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 P.S. 409(e).
ADJUDICATION
I. Allegation: That you, A North Versailles Township Commissioner,
violated Sections 3(a) or 3(b) of the Ethics Act (,Act 170 of 1978),
Voted in that you accepted employment as Delinquent Tax
Consultant for Allegheny School District, which includes North
Versailles Township, and you used confidential information from your
Jot with the Department of Revenue and your position as Township
Commissioner to aid your position as Delinquent Tax Consultant and;
II. Allegation: That you, an Investigator for the Commonwealth Of
Pennsylvania, Department of Revenue, violated Section 3(a) or 5b)(5)
of the State Ethics Act (Act 170 of 1978), quoted below, when you
worked and were paid as the Butter and Cheese Coordinator for the
Turtle' Creek Valley Council of Governments during your regular working
hours for the Department of Revenue, and you failed to list the C.O.
G. on Statements of Financial Interests filed for the 1985 and 1986
calendar years.
Section 3. Restricted Activities.
(a) No public official public employee
shall use his public office or any confidential
information received through his holding public
office to obtain financial gain other than
compensation provided by law for himself, a member
of his immediate family, or a business with which
he is associated. 65 P.S. §403(a).
(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 candidatefor public
office shall solicit or accept, anything,ofxvalue,
including a gift, loan, political contriont,
reward, or promise of future. employment on any
understanding that the vote, official ,_acttiorr , or
judgment of the public official or pubiicemppioyee or
candidate for public office would be intinenced
thereby. 65 P.S. §403(b)., /
- ct o Sta a nt of f inane in ... sts Y
(b) The statement shall include following
information, for the prior calendar year^ with*
regard to the person required to-file the
statement- and the, _ members -of his immediate family:
(5) , The :name, > and address of any
person who is the direct or indirect
source of income. tgtalling in the
aggregate $500 or more.- However, this
Mr. Paul A. Homonai
Page 3
A. Findings:
provision shall not be construed to
require the divulgence of confidential
information protected by Statute or
existing professional codes ;of ethics.
65 P.S. S405(b)(5).
1. You served as a Revenue Investigator in the Bureau of Field
Operations, (Pittsburgh Office) , for the Pennsylvania Department of
Revenues
'a. You have served in this position since .May, 1984.
2. You also serve as =a township commissioner in North Versailles
Township, a township of the first class in Allegheny County, /
Pennsylvania.
a. You have served in this position since 1980.
3. You also were retained by the Turtle Creek Valley Council of
Governments (COG4 as a cheese and butter coordinator.
a. You were so .retained from 1984 through May, 1988.
4. You were also 'ret ed iby the 'East Allegheny School District as a
Tax Consultant.
a. You have served in this capacity since March 1986.
b. Your position was terminated by the School Board in April,
1989. You never received any type of official notice in
writing of this action.
5. Minutes of the East Allegheny School Board meeting of March 10,
1986 indicate as follows regarding your appointment as a Delinquent
Tax Consultant.
a. Mr. Grant moved And Mr. Volpe seconded" the motion as /
recommended to contract with Paul Homonai on a_ -time
basis as Delinquent flax Consultant at a rate of $8 per hour,
not to exceed 20 hours per week
b. On roll all vote, the motion passed 6 = 2.
c. Formal notice received by you of your appointment tbntained
no limit on the number of hours.
Mr. Paul A. Homonai
Page 4
/
6.. You'submitted to the East Allegheny School District the following
ri nber of hours that you worked as a Tax Consultant during 1986
through` 198 8 :
March, 1986 - 23 hours
April, 1986 - 551/2 hours
May, 1986 - 56 hours
June, -1986 - 59 hours
July, 1986 - 79.5' hours
August, 1986 - 101.5 hours'
September, 1986 - 89 hours
October, 1986 - 98.5 hours
November, 1986 - 88 hours
December, 1986 - 93 hours
January, 1987 - 108 hours
February, 1987 - 97 hours
March, 1987 - 93 hours
April, 1987 - 92 hours
May, 1987 - 65 hours
June, 1987 - 90 hours
July, 1987 - 95 hours
January, 1988 - 114
February, 1988 104
March, 1988 - 105
April, 1988 - 82
May, 1988 - -97
June, 1988 - 82
July, 1988 - 108
August, 1988 - 109
September, 1988 - 97
October, 1988 - 113
November, 1988 - 82
``December, 1988 -- 86
7. Records of the East Allegheny School District do not indicate the
specific hours that you worked on any day: :but rather merely refl4ct
the number of hours =worked
8. The hours for which you were compensated by the East Allegheny
School District far exceeded the hours for which the School Board
contracted .e
a: Records reflect total hours for each month and are not
broken down weekly.
b. RecOrd6 reflect total hours that did not exceed the twenty
hours pet week contracted fot, in some months.
Mr. Paul A. Homonai
Page 5
9. The Solicitor for the East Allegheny School District and North
Versailles Township is Gerry Evashivik.
a. He researched the conflict of interest issue.
b. He based his opinion on whether any harm was done to one or
the other of the two entities and whether there. was any
pecuniary interest that was accorded to ,either side.
c. He determined that there was none.
10. The hours worked by Paul Hoznonai between 1986 and 1989 often
exceeded the maximum allowed hours of 20 hours per week as stipulated
by the board in Zara of 1986 when he was hired.
11. You were paid as follows 'by the East Allegheny School District as
Delinquent Tax Consultant in 1986 through 1988:
Date Amount
4/14/86 $288.00
5/12/86 444.00
7/14/86 472.00
8/11/86 636.00
9/8/86 812.00
10/13/86 712.00
11/10/86 788.00
12/8/86 712.00
1986 Total: $4,867.00
Date Amount
1/12/87 $744.00
2/9/87 444.00
3/9/87 776.00
4/13/87 744.00
5/11/87 736.00
6/8/87 520.00
6/24/87 720.00
7/13/87
8/10/87 680.00
9/14/87 744.00
Mr. Paul A., Homonai
Page 6
Date ,Amount
10/12/87 768.00
11 888.00
12/14/87 744.00
1987 Totar: $8,928.00
1988
Month Total Pay
January $ 912:.0.0
February $832.00
March $840.00
April $656.00
May $776.00
June $656.00
July $864.00
August $872.00
September $776.00
October $904.00
November $656.00
December 088.00
Total: $9,432.a0
The dollar amount was determined by multiplying the hourly
rate determined by the School Board (March., 19861 by the
number -of hours. (Not included on the sign—La s e.ets).
12. Municipalities included in the East Allegheny School_ District
include:
North Versailles
Wall
Wilmerding
East McKeesport
13 You worked the following number of hours 4s coordinator of the
Cheese and Butter distribution for the T..C.V.C.O.
a. 1983:
December - 12.
Mr. Paul A. Homonai
Page 7
b. 1984:
January - 19
February - 24
March - 19.5
March and April - 76
May - 33
July - 36
September - 38
December - 53
Total: 329.5 Average: 32 weeks
c. 1985:
d. 1886:
March - 42
May, June, July - 61
September - ,56
Oecer -50
March - 48
June - 54
September - 88
December -.53
Feb., March, April - 48
May and June - 58
September - 38
November & - 47
Total: 191
1988:
March 49
June- 36
Total: 85
..Average: 32 weeks
Average: 8 weeks
10.3 hours /week
Totals 209 'Verage : 1 ?e e3s 15.19 hours /Week
e. 1981:
5.97 hours /week
/
, 10.6 ; hours /week
14. You received' the following- compensation from the Turtle. Creek
Va11ey Council of Governments that you received in relation to the
surplus cheese program:
Imo' Paul A. Homonai
Plce 1
Total: $2,674.00
b. 4/17/85 $378.00 March distribution
7/22/85 549.00 June distribution
10/15/ 504.00 September distribution
c. 1/6/86 $450.00
4/16/86 432.00
7/21/86 486.00
10/18/86 792.00
Date Amount Reason or P4vt
4/3/84 $310.00 none listed
4/19/84 240.00 February distribution
5/17/88 684.00 March /April distribution
5/31/84 2 9 7.00 May distribution
10/26/84 324.00 July CQmmod distribution
12/11/84 342.00 September distribution
12/31/84 477.00, Dee. distribution
Total: $1,431.00
Total: $2,160.00
1/27/87 $477.00 Dec. distribution
4/21/87 432.00 March distribution
7/8/87 522.00 June distribution
10/20/87 342.00 September distribution
12/31/87 423.0 Dec. distribution
Total: $2,196.00
e. 4/29/88 $441.00
6/28/88 324.00
Dec. distribution
March distribution
July distribution
September distribution
March distribution
June distribution
Total: $765.00
15. Municipalities represented in the Turtle Creek Valley C.O.G.
include: Braddock, Chalfant? East McKeesport, East Pittsburg/
Edgewood, Forest Hills, Monroeville, North Braddock, North.Versailles,
Pitcarin, Rankin, Swissvale, Turtle Creek, Wall, Wilkins, Wilmerding.
a,, Swissvale entered the program in 1980,
16, Records, of. the . Turtle Creek Valley C.O.G. show that the Cheese
94 Butter, ;distr }bt LQns were usually held on Thursdays.
North Vgvsai,i.les usually distributed their commodities on
Fridy ya
Mr. Paul A. Homonai
Page 9
17. Records of the Pennsylvania Department of Revenue, Bureau of
Field Operations, field daily report (Form No. Rev. - 31 FO (2-86)
show that on several dates of cheese and butter distributions you
worked near the area of municipalities which belonged to C.O.G. and
were participating in the distribution.
18. The dates and locations of such work sites and distribution sites
were as follows:
a. March 19, 1987: W. Mifflin, Duquesne, Munhall, Homestead,
Pittsburgh, Braddock and North Versailles.
b. June 18, 1987: Homestead, Pittsburgh, Swissvale.
c. September 17, 1987: N Braddock, Braddock, Rankin, E.
- Pittsburgh and Pittsburgh.
d. December 10, 1987: N. Braddock, Forest Hills,
Pittsburgh, Homestead, Dravasburg, W. Mifflin.
e. June 16, 1988: $raddock, Pittsburgh, W. Mifflin, Munhall,
East Pittsburgh, Coraopolis.
19. You filed a Supplementary Employment Request Notification with
the Pennsylvania Department of Revenue:
a. The request was dated February 21, 1985 and signed by you.
b. The request relates to your position as coordinator of
surplus .food for the Turtle Creek Council of Governments.
c. The description of the position is: All persons who are in
charge of distribution of surplus food call me in the
evenings and weekends to keep tab of sign up of needy and
'when the commodities are available (every three months). I
tell them what and how much there community will get.
d. Days and hours of work are indicated as Saturday and Sunday,
two hours per week, approximately 7:00 to 8 :00.
e. You answered•no to a question, No. 5(f), on the form
regarding whether you take or recommend official action of a
discretionary regarding inspecting, licensing,
regulating or-- auditing any business individual, or
corporation.
f. Your request was approved by way of letter dated November. 5,
1985.
Mr. Paul A. Homonai
Phge 10
20. Records of the Pennsylvania Department of Revenue show that you
did not take annual leave or sick time on the date of the'cheese and
butter distribution.
21. You resigned as coordinator of surplus food distribution on' -Mar
2, 1988.
22. Your job description with the Pennsylvania Department' of Revenue
describes your duties and responsibilities, in part, as a Revenue-
investigator as follows
a. Conducting tax delinquent investigations in area of peraai
income tax, sales and use tax, corporation taxes'
inheritance tax and safe- deposit box inventories.
Collection of delinquent taxes or recommendation "of audit,
foreclosure, suspension of collection, deferred payment plan
or execution of criminal complaint where appropriate. /.
b. Submit monthly summary report which is an accountability of
the time spent, including sick leave, annual leave, personal
leave, administrative leave and investigative hours and
analysis.
These descriptions are dated October 17, 1984 and October 1,
1985 and are signed by you.
23. W -2 Wage and Tax Statement records of North Versailles reflect
that you were paid the following as a North Versailles Township
Commissioner.
1986 - $1,500.00
1987 - $1,500.00
24. Records of the Pennsylvania Department of Revenue, field daily
reports, indicate that some of the areas that you worked in include
the following area: Braddock, Coraopolis, Dravasburg, Duquesne, East
Pittsburgh, Forest Hills, Homestead, McKeesport, Munhall, North
Braddock, North Versailles, Pittsburgh, Rankin, Swissvale, West
Mifflin
25.. You served in two or more of your positions with hours and dates
as - follows:
Mr. Paul A. Homonai /
Page 11
C.O.G. Twp. Com. Plan
Rev. C.O.G. E.A.S.D. Mta. Biter. CcSmm.
Date Hours Hours Hours Dates Dates Dates
6/28/84 7.5 4 -- .5 hrs. -- ......
7/16/84 7.5 2 -- -- present --
9/17/84 7.5 ,3 -- -- present --
3/18/85 7. 3 --- present
12/16/85 7.5 5 -- Ow ow present
5/19/86 7. -- 2.5 -- present
6/16/86 7.5 Um MD 4.0 -- present
7/21/86 7.5 3.0 -- present
8/21/86 7.5 5.0 - - . present
9/15/86 7.5 -- '5.0 -- present
10/20/86 7.5 -- "3.0 -- present
11/17/86 7.5 2 -- present
12/3/86 7.5 4.0 -- present
12 7.5 -- 3.0 present
12/29/86 .7.5 -- 3.0 present
1/19/67 7.5 -- 3.0 -- present *
2/= 1 7.5 8.0 -- present *
3/16/87 7.5 2 2.0 -- present *
4/20/87 7.5 -- 3.0 present * --
6/15/87 7.5 2 4.0 -- present*
6 7.5 3.0 -- -- -_
7/20/87 7.5 -- 3.0 -- present *
2/17/87 7.5 -- 2.0 present * --
9/20/87 7.5 -- 3.0 -- present * --
10/19/87 7.5 -- 4.0 -- present * --
12/4/87 7.5 2 3.0 -- present - - * **
12/21/87 7.5 2.0 -- present
1/4/88 7.5 -- 2.0 -- present
1/18/88 7.5 -- 3.0 present *
1/27/88 7..5 -* 4.0 -- present ** --
2/15/88 7.:5 -- 3.0 -- present * --
3/21/88 7.5 2 2.0 -- preseAt * - * **
4/18/88 7.5 =- 3.0 -- present * --
5/9/823 7.5 link 3. -- -- pies.
5/16/88 7 5 -- 2.0 -- present * --
6/16/88 7.5 -- 3.0 -- present * __ * **
7/18/88 7.5 -- 3.0 - pteeelt
8/15/88 7.5 3.0 presfeiit * - /
9/19/88 7.5 -- 3.0 ' -- present *
10/5/88 7.5 -- 3.0 -= -- Ares.
10/17/88 7.5 .. 3.0 -- present *
11/21/88 7.5 -- 2.0 -- present *
12/2/88 7.5 2.0 -- ..... _-
12/19/88 7.5 1.0 -- present * --
12/29/88 7.5 3.0 �- present --
*
■
/ --
- - * **
- - * **
Air. Paul A. Homonai
Page' 12
Notations:
* Indicates that an open caucus was held at 6:30 p.m., prior to the
regular meeting usually scheduled between 7 p.m. to 8 p.m.
Meeting started at 7:30 p.m with an open caucus prior: to the
meeting.
* ** Indicates the days that hours were signed in for all three paying
jobs in addition to attending a meeting.
**
26. Records on file with the North Versailles Township'Secretary
indicate the following regarding the Statements at. Financial Interests
filed by Paul Homonai:
a. Filing date - May 1, 1984.
For the year - 1983.
Source of Income - North Versailles. Township.
All other financial interest categories none
b. Filing date - May 1, 1985.
For the year - 1984.
Source of Income - Norti.Versailles, Department of Revenue,
State of Pennsylvanid.
All other financial interest categories - none.
c. Filing date - May 1, 1986.
For the year - 1985.
Source of Income - North Versailles Township. Department of
Revenue, State of Pennsylvania.
All other Financial Interest categories - none.
d. Filing date - February 25, 1987.
For the year - 1986.
Source of Income - North Versailles Township, Department of
Revenue, State of. Pennsylvania. East Allegheny School
District.
All other financial interest categories - none.
Filing .date - April 13,._1
For the year - 1987.
Source of Income North Versailles Township. Department of
Revenue, State of Pennsylvania, East Allegheny School
District. Turtle Creek G.O.G.
f. Code of Conduct - Statement of Financial Interest.
Filing date - April 14, 1988.
For the year - 1987.
So r' a of Income - North. Versailles Township. East
Alle t'ieny School District. Turtle Creek C.O.G.
Mr. Paul A. Homonai
Page 13
Type of Employment - Commissioner, Consultant, Coordinator.
State ,Agency Employe by - Department - of Revenue -
Investigator.
27. You spent time coordinating the cheese and butter distribution on
the days of distribution.
a. You normally were at the distribution site in the morning to
open up everything (approximately .6 a.m.). You took care of
the paperwork and would leave around 8 a.m. to 0 :3 a.m.
b. You would go back to the distribution site at night to
clear. You would stack, organize and ;tal]y the leftovers.
z'$ You would ,also , visit some cl the sites during these
distributions.
a. on one occasion you were observed at the Edgewood
distribution site. You were at the site just about the time
when-the site was getting .ready to close for the day a
approximately 2 :30 -p.m.
-- b. You spent approximately 30 to 45 minutes at this site.
c. You also visited the Park Terrace - School distribution site.
You visited this site on occasion between the hours of 6 :30
a.m. to 11 a.m.
29. You offered the - following in regard -to the time you spent on the
days of the cheese and butter distribution:
(a) You had two options on the hours that you worked as.
investigator:
(i) Originally, you worked 8:30 a.m. to 5 p.m., with one
hour for lunch and two fifteen minute breaks.
(ii) You then switched to working 8 a.m...to.4 :30 p.m., with
one hour for lunch and two fifteen minute breaks.
(b) You do not believe that .you visited distribution sites
during your state job time. /
(i) You did .meet Bill- Kelleher,,. of Lutheran Services, at
,the Edgewood distribution site.
(ii) You ad not meet for the purpose of distribution.
(.iii) You were working for the State and just happened
to in the area.
Mr. Paul A. Homonai
rage 14
(iv) You did not spend an hour at the distribution sight
because there was nothing to discuss in Edgewood.
(e) You stayed at the distribution site until 8 a.m. or 8 :15
a.m.
(i) You did not stay through until 11 a.m.
(ii) You may have returned later.
(iii) You had a, coordinator take over when you left the
Park Terrace School.
(iv) You did not arrange your Revenue: activities to
coordinate with the distribution. dates.
(v) Your.Revenue cases are well in advance of when you_know
when the 'distributions are
30. Statements. of Financial Interests filed with the North Versailles
Township Secretary failed to disclose the income you received from.:
as 'cheese and butter coordinator for the following years:
Filing date - May 1, 1985.
For - the_ , year - 1924.
•
Filing date - May 1, 1986.
For the, year - 1985.
c. Filing date - February 25, 1987
For the year 1986
31. Statements of Financial Interests filed with the .North Versailles
Township Secretary did disclose the income you received from C:O.G as
cheese and butter coordinator for the year:
Filing date - April 13, 1988
For the year - 1987
32 " You also have filed Statements of Financial Interests
with the Pennsylvania Department of Revenue as a public employee�
Those forms which include the calendar years 1985 and 1986 discYose
that you did report the T.C.V.C.O.G. as a source of income in excess
of $500.
33. The following demonstrates the day of week and total number
of hours that you served in the three paying jobs.that; you held. The
dates are taken from C.O.G. time sheets inclusive of dates December
11, 1986 through June 27, 1988. .
Mr. Paul A. Homonal
Page 15
Date
12/11/86
12/12/86
12/13/86
12/14/8'6
1/4/87
1/5/87
1/6/81
1/7/0.7
1/8/87
2/18/8
2/1
2/2'4/87
2/25/87
311
3/13/87
3/16/87
3/,17/87
3/18/87
3/21/87
4/5/87
4/6/87
_5/21/87
5/22/87
5/23/87
5/24/87
5/27/87
6/8/87
6/9/87
6/12/87
6/15/87
6/16/87
/17/87
6/18/87
6/19/87
6/22/87
6/23/87
8/24/87
8/25/87
9/1/87
9/2/87
9/8/87
9/11/87
9/14/87
9/15/87
9/16/87
9/17/87
C.O.G. E.A.S.D. Rev. Total
Hours Hours, Hours Hours
8 3 7.5 18.5
10 - 7.5 '17.5
3 5 - 8.0
4 3 - '7.0
2 3 - 5.D
3 •3 7.5 13.5
2 4 7.5 13.5
2 4 7.5 13.5
6 '3 7.5 '3 6.5
1 -2 7.5 10.5
1 2 7.5 10.5
3 4 7.5 14.5
7 •3 . 7:5 17.5 **
4 1 7.5 12.5
5 3 7.5 15.5
2 2 7.5 11.5
8 3 7.5 18.5 **
8 3 7.5 18.5 **
3 4 - 7.0
2 - - 2.0
4 - 7.5 11.5
2 ' 3 7 5 12.5
3 2 7.5 12.5
2 4 - 6.0
`3 - - 3.0
6 3 7.5 16:5
4 4 '7 5 15.5
4 3 75 14.5
3 2 •15 12.5
2 4 75 13.5
3 ' 3 `7;5 ' 13.5
7 ' 3 `7.5 17.5 **
7 4 7.5 18.5 **
3 1 7.5 11.5
3 3 75 13.5
6 3 7.5 16.5
2 - . ' (A) 2.0
2 5 (A) 70
2 5 '7.5 14.5
6 3 7.5 16.5
2 5 75 14.5
2 3 7.5 12.5
2 3 7.5 12.5
2 3 7.5 12.5
3 3 7.5 13.5
8 3 7.5 185 **
D str..
.Dates
12/111.8'6
■
3/19/87
6/18/87
9/17/87
p of
the .week
:Thursday
Friday
Saturday
Sunday
Sunday
Monday
Tuesday
,Wednesday
Thursday
Wednesday
Thursday
Tuesday
Wednesday
Thursday
Friday
Monday
!Tuesojay .
Wed sday
_Saturday
Sunday
Monday
Thursday
Friday
Saturday
Sunday
Wednesday
Monday
Tuesday
Friday
Monday
`Tuesday
Wednesday
Thursday
Friday
Monday
Tuesday
Monday
Tuesday
Tuesday
Wednesday
Tuesday
Friday
Monday
Tuesday
Wednesday
Thursday
1M, Paul A. Homonai
Page 16
Date
9/18/87- 4
9/21/87 3
11/23/87 2
11/27/87 2
11/30/87 2
12/1/87 6
12/2/87 4
12/4/87 2
12/7/87 3
12/9/87 3
12/10/87 12
12/11/87 2
12/12/87 1
12/14/87 2
12/16/87 4
12/23/87 2
3/3/88 2
3/4/88 2
3/7/88 2
3/9/88 6
3/10/88 4
3/11/88 2
3/15/88 3
3/16/88 3
3/17/88 8
3/18/88 4
3/19/88 3
3/21/88 2_
3/23/88 3
3/3.1/88 2
4/2/88 3
6/7/88 3
6/9/88 3
6/10/88 - 2
6/11/88` 4
6/>12/88 5
6/13/88 3
6/14/88 2:
6/15/88 3
6/17/88 3
6/18/88 2
6/19/88 ' 2
6/27/88 4
C.O.G. E.A.S.D. Rev.
"Hours ' Hours Hours
2 7.5 13.5 -- Friday
3 7.5 13.5 -- Monday
4 7.5 13.5 -- Monday
3. 7.5 12.6 -- I rids
4 7.5 1 ° 3.5 -- Monda'
4 77.5 17.5** -- Tueida
4 7.5 15.5 Wedn
3 7.5 12.5 -- Frid
4 7.5 14.5 -- Monday
4 7.5 14.5 -- Wednesday
2 7.5 21.5 * ** 12/10/87 Thursdy
2 7.5 11.5 - Friday
4 - 5.0 -- Saturday
4 7.5 13.5 -- Monday
4 7.5 15.5 -- Wednesday
4 (A) 6.0 -- Wednesday
- 7.5 9.5 - Thuraday
- 7.5 9.5 -- Friday
7.5 9.5 -- Monday
- 7.5 13.5" ' -- Wednesday
7.5 11.5 -- Thursday
- 7.5 9.5 -- Friday
- 7.5 10.5 -- Tuesday
- 7.5 10.5 -- Wednesday
- 7.5 15.5 . 3/17/88 Thursday
- 7.5 11.5 Friday
_ -. 3.0 -- Saturday
y`' .
- ' 7.5 9.5 -- Monda
- 7.5 10.5 - Wednesd'ay
- 7.5 9.5 . -- Thursday
3.0 -- Saturday
- 7.5 10.5 -- ' Tuesday
- 7.5 10.5 -- Thursday
7.5 9.5 -- ' Friday
- 40 - Saturday
5 0; Sunday
7.5 1015 Monday',
7.5' 9:5 Tuesday
(A) ; 3.0 -- Wedn sday
7.5 10.5 6/16/88 Friday
2.0 - Saturday
.. Sunday
- 7.5 11.5 M6nday
Distr. Day of
Dates the week
Mr. Paul A. Homonai
Page 17
III. Discussion: As a North Versailles Township Commissioner Paul
A. Homonai, hereinafter Homonai, is a public official and as an
investigator for the Department of Revenue of the CommonweOithbf
Pennsylvania he is a public employee as those terms are defined und
the Ethics Act. 65 P.S. 5402; 51 Pa. Code 1.1. As such, his conduct
is subject to the provisions of the Ethics Act and the restricti'ons
therein are applicable to him.
Initially, it is noted that Section 5 Of Act 9 of June 26, i 89
provides, in part, as follows:
"This amendatory act shall not apply to
violations committed prior to the effective date
of this act, and causes of action initiated for
such violations shall be governed by the prior
law, which is continued in effect for that purpose
as if this act were not in force. For the
purposes of this section, a violation was
committed prior to the effective date of this act
if any element& of the violation occurred prior
thereto."
, ,-Since the occurrences in this case transpired prior to the
effective date. of Act } (June 26, 1989),, we must apply the provisions
of. Act 170 of October 4, 1918, P.L. 883 to determine whether the
Ethics Act w violated.
Under Section 3(a),, quoted above, this Commission has determined
that use of_ office by a: public official to obtain• a financial gain for
himself or. member of hie immediate family or a business with which
he is associated which is not provided for in law transgresses the
above provision.of law. Thus, use of office by, a public official to
obtain a financial gain which is not authorized as part of his
compensation i`srprohibited by Section 3(a): Hoak /McCutcheon v. State
Etghics Cbmmission, 77 Pa. Commw. Ct. 529, 466 A.2d 283 (1984; Yacobet
v.. State Ethios6Cbmitsion, 1`09 Pa. Commw. Ct. 432 531 A.2d 536
(19871- Si it1 1 ,, aeCtilarr 3(a) of the Ethics Act would prohibit a
public official /employee from using public office to advance his own
interestsI Koslow}, V. State Ethics Commission, 116 Pa. Commw. Ct. 19,
54O1 1 .2d 1374 (Mt). Like se, a public official /employee may not
use the status. or posttibn of public office for his own personal
advantage; Huff, Opinion 84 -015.
Under Section 3(b) of the Ethics Act quoted above, this provisions
of law provides: that a public official /employee may not offer or
receive anything of value based on the understanding that his vote of
official action or judgement would be influenced thereby.
Mr. Paul A. Homonai
Page 18
/
Section 5(b)(5) of the Ethics Law requires that a person filing
the Financial Interests Statement must include all direct or indirect
sources of income totalling in the aggregate of $500 or more which
would include the name and address of the person who is the source of
said income.
" r "
In applying the above quoted provisions of the Ethics Act to the
two allegations that we have before us, we note that the first charge
relates to an alleged use of office or confidential information to aid
Homonai in his position as a delinquent tax consultant. The second
allegation concerns a charge that Homonai worked and was paid as a
butter and cheese coordinator during time periods of his regular
working hours at the Department of Revenue and that he failed to list
the income that he received from his position as butter /cheese
coordinator on his Statement of Financial Interests.
Factually, Homonai has served as a first class township
commissioner in North Versailles Township since 1970 and in addition
has served as a revenue investigator in the Bureau of Field Operations
in the Pittsburgh office since May of 1984. He also was employed as a
coordinator for the cheese /butter program by the Turtle Creek Val ey
Council of Governments (COG) between 1984 and 1988. In addition
Homonai also served as a delinquent tax consultant for the East
Allegheny School District between 1986 and ,:1;989.
Although his work hours with the Department of Revenue were
structured whereby his work day would either ;be -8:30 to 5:00 or 8:00
to 4:30 with two fifteen minute breaks and a lunch hour, his work
periods for the other two positions of employment were not fixed. As
to his position of delinquent tax consultant he was paid at a rate
of $8.00 per hour not to exceed twenty hours per-week. Thus, it does
not appear that there were any set work times for the consultant
position. In addition, his position as coordinator for-the Cheese
and Butter Program for COG had no definite set tinges or hours. We
further note that no time sheets were available which would reflect
specific working times as to the three different positions of
employment.
Since ' the evidence does ' "not establith any,oVerlappingworking time
between his position with ' the :Department of Revenue ' and his -other
positions as butter and cheese coordinator or deliquent tax
collector, we find no violation of Section .30) of Ethics Act. As
to the matter of whether he failed to list COG as a saurpe of income
on his 1985 and 1986 calendar year Financial Interests Statement{,
said income was listed on the forms which were filed with the
Department of Revenue although he failed to list that financial
interest on the forms wl ith were filed at North Versailles Township.
In light of the fact that ire did "'list the COG income on the forms
filed with the Department - of Revenue, we find . no violation Of Section
5(b)(5) of the Ethics Act.
Mr. Paul A. Homonai
Page 19
IV. Conclusions of Law:
Turning 'to the second allegation as to whether Homonai violated
Sections 3(a) or 3(b) of the Ethics Act by using office or
confidential information to aid him in his position as delinquent tax
consultant, no evidence has been adduced to establish suchactivity:on
his part. We find violation as to either Section 3(s) .Or , 3 (b) . of
the Ethics Act regarding that allegation.
1. As a North Versailles Township Commission, Homonai is a public
official subject to the provisions of the Ethics Act.
2. Homonai as an investigator for the Department . of.Revenue, the
Commonwealth. Pennsylvania is a public -employee subject to the
provisions the Ethics Act.
3i Homonai did not violate,Section 1(a) of the Ethics. Act regarding
wing' paid <.as ma .butter /cheese - coordinator for COG while working as an
hVestigator for the Department of Revenue.
4. Homonai did not violate-Section 5(b)(5) of the Ethics Act
regarding listing the - Turtle Creek Valley Counsel of Governments (COG)
as a source of income since said income was specifically included on
the Financial Interests Statements filed with the Department of
Revenue.
5. Homonai did - not violate Sections 3(a) or 3(b) of the Ethics Act
regarding use of office or confidential information to aide him in his
position as delinquent tax consultant.
Ian re: Paul A. Homonai
$ File Docket: ''86 -119 -C
: Date Decided: June 23,. J.990
Date Mailed :. ;bay q, 1 QQn
/
ORDER No 750
1. - Homonai as a Revenue Investigator did not violate Section
3(a) of the Ethics Act regarding being paid as a butter /cheesy
coordinator for COG while working as an investigator for the
Department of Revenue
2. Homonai did not violate Section 5(b)(5) of the Ethics Act
regarding listing the Turtle Creek Valley Counsel of Governments
(COG) as a source of income since, said income -was= specifically
included on the Financial Interests Statements: filed. with the
Department of Revenue.
BY T COMMISSION
3. Homonai did.not:violate Sections 3(a) or 3(b ) of the Ethics
Act regarding use of office or confidential information to aide
him in his position as delinquent tax consultant.
ELENA G. HUGHES, CHAIR