Mt. Lebanon school board President Mark Hart failed to file a post-election campaign expense report for his 2005 race for school board, according to Allegheny County Elections Division officials.
That failure, which persisted despite four notices sent by the elections division, prompted department officials on Tuesday to turn Mr. Hart's name over to the office of Allegheny County District Attorney Stephen A. Zappala Jr. for investigation of "an apparent election code violation," said Kathy Guzzi, manager of expense accounts and absentee ballots.
Mr. Hart said he could not comment on the matter.
The 30-day post-election report was due Dec. 8, 2005, according to a notice sent to Mr. Hart by the elections division on Dec. 12, 2005.
That notice informed Mr. Hart that there was a $10 per day late filing fee, which could build to a maximum fine of $250 and that failure to file the expense report would result in a referral to the district attorney's office.
On. Aug. 21, 2007, another notice was sent to Mr. Hart stating that it would be the last notice to file the 2005 30-day post-election report and to remit the $250 fee to the county.
That notice warned that the elections department "is obligated to forward the names of non-filers to the district attorney of Allegheny County for criminal prosecution and to collect the late filing fee, which is your personal liability."
On Sept. 7, 2007, the elections department sent another notice to Mr. Hart stating that an administrative hearing would he held on the unpaid $250 fee. The notice said the fee could be dismissed if proof was given that the campaign expense account in question had been filed by the statutory deadline.
On Sept. 28, 2007, the elections department sent a notice that said the $250 fee had been "sustained" or in other words, upheld, at the administrative hearing and that an appeal to that decision could be filed in Common Pleas Court within 30 days.
No appeal was filed.
None of the letters or notices that were sent to Mr. Hart's Mt. Lebanon residence were returned to the elections department as undeliverable, said Mark Wolosik, director of the Allegheny County Elections Division.
On Tuesday, Mr. Hart's name and those of six other candidates who failed to file proper campaign expense reports were forwarded to the district attorney's office.
Mike Manko, a spokesman for the district attorney, said yesterday that no one in the office had yet read the documents that were sent from the elections division.
But, he said, in general the district attorney's office reviews cases from the elections department to see if any crimes have been committed.
"Some things are just administrative in nature and never rise to the level of a crime," Mr. Manko said.
This marks the second time in recent months that Mr. Hart has come under fire for not filing financial forms. In December 2007, when he was nominated to the position of president of the school board, school director Sue Rose revealed that Mr. Hart had not filed his Statement of Financial Interests as required by the Pennsylvania Ethics Commission for the years 2005 and 2006.
The missed filings were brought to light by a state auditor during a recent audit of the district.
School district records indicate Mr. Hart received six written notices to file the forms, and did file them on Aug. 20, 2007.
