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HomeMy WebLinkAbout1812 BentonPHONE 717-783-1610 T01.1. FREE: 1-800-932-0936 In Re: Louise Benton, Respondent STAIE E1411CS COMMISSION FINANCE BULDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket., Order No. Date Decided Date Mailed, 20-025 1812 9/14/22 9/21/22 FACSIMILE 717-787-0806 W E B S i TE: v_yvVW gftga�)v J.p . ,,. Before: Mark R. Corrigan, Acting Chair Shelley Y. Simms, Acting Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Rhonda Hill Wilson Paul E. Parsells This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.:, by the above -named Respondent. At the commencement of its investigation, the Investigative Division served -upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed, and a hearing was, held. The record is complete. I. ALLEGATIONS: That Louise Benton, a public official/public employee in her capacity as a Member and/or President of Homestead Borough ("Borough") Council, Allegheny County, Pennsylvania, violated Sections 1103(a), 1103(f), 1104(a), 1104(d), 1105(b)(5), and 1105(b)(8) of the State Ethics Act (Act 93 of 1998): (1) When she utilized the authority of her public position for the private pecuniary benefit of herself, a member of her immediate -family, and/or a business with which a member of her immediate family is associated, namely AW Construction, when she used the authority of her public office to effectuate her son and/or a business with which her son is associated to be engaged/contracted/hired by the Borough to perform construction/remodeling work on behalf of the Borough; (2) When the contra ct/agreement between the Borough and her son/AW Construction was in excess of $500,00 and was awarded absent an open and public process; Benton, 20-025 Page 2 (3) When she participated in the approval of bill lists and/or otherwise authorized issuance of payment of Borough monies to her son and/or AW Construction and served as a Borough signatory on Borough checks issued to her son and/or AW Construction; (4) When she failed to .file Statements of Financial Interests with the Borough for calendar years 2015, 2016, and 2017; (5) When she filed deficient Statements of Financial interests by failing to disclose the Borough as a source of income upon Statements of Financial Interests for calendar years 2018 and 2019; (6) When she filed a deficient Statement of Financial Interests by failing to disclose Clark Memorial Baptist Church as a source of income upon a Statement of Financial Interests for calendar year 2018; and (7) When she filed deficient Statements of Financial Interests by failing to disclose her employment with Clark Memorial Baptist Church upon Statements of Financial Interests for calendar years 2018 and 2019. II. FINDINGS: A. Pleadings I. Following the commencement of an investigation into allegations that Louise Benton ("Benton") violated provisions of the State Ethics Act (Act 93 of 1998), periodic notice letters dated November 30, 2020, February 16, 2021, and May 3, 2021, were forwarded to Benton in accordance with the provisions of the Ethics Act, advising her of the general status of the investigation. 2. Benton has served as a Member of Council for Homestead Borough ("Borough"), Allegheny County, since 2016. a. Benton served as President of Council from January 6, 2020, until June 11, 2020. b. Benton served as Vice -President of Council from January 2, 2018, through January 5, 2020. 3. The Borough is governed by a seven -Member Council and a Mayor. a. The Borough holds a workshop/agenda/caucus meeting on the second Monday of each month and a legislative meeting on the following Thursday. 1. Council votes on items at both the workshop/agenda/caucus meeting and the legislative meeting. 2. Special meetings are held as necessary. Benton, 20-025 Page 3 4. The Borough Mayor and Council Members receive salaries for services rendered in their capacity as public officials. a. The Borough Mayor receives $2,100.00 gross annually ($175.00 gross monthly) for his/her service as a public official. b. Council Members receive $1,500.00 gross annually ($125.00 gross monthly) for their service as public officials. 1. Prior to approximately July 13, 2020, the Council Member serving as Council President received $2,100.00 gross annually ($175.00 gross monthly). 5. Voting at Council meetings is conducted in individual roll call fashion except for adjournment which is conducted in group aye/nay fashion. a. Abstentions and/or objections are specifically noted within the meeting minutes. 1. Minutes of each month's workshop/agenda/caucus meeting and legislative meeting are generally approved for accuracy at the subsequent month's legislative meeting. b. The Borough Mayor holds voting rights only in the event of a tie vote occurring among Council. 6. Council, the Borough Mayor, and additional Borough representatives are provided with a meeting packet the Friday prior to the workshop/agenda/caucus meeting for review. a. Contents of the meeting packet are determined/organized by the Borough Manager with input at times from the President of Council. b. Meeting packets include the current month's revenue and expense statement, various departmental reports, correspondence, the upcoming meeting agenda, a copy of the prior month's draft minutes, and the monthly bill and check registers. C. At times, meeting packets have been hand -delivered to the homes of Council Members by a representative of the Borough Public Works Department. 7. Bills received at the Borough office are coded and entered into the Borough accounts payable system by the Borough Administrative Assistant for check generation at least one week prior to Council's monthly legislative meeting. a. Bills may be individually entered into the system as received or en masse near the end of the established cut-off date depending on the Borough Administrative Assistant's workload, schedule, etc. Benton, 20-025 Page 4 8. Generation of checks to be issued automatically initiates the creation of a register of bills to be paid (alphabetical order by vendor) and a register of checks to be issued (numerical order by check number). a. The registers represent all bills received for payment and checks to be issued from the established cut-off date of the prior legislative meeting to the established cut- off date of the current legislative meeting. b. Both registers identify the vendors to be paid and the applicable amounts to be paid. 9. The Borough Administrative Assistant is responsible for generating Borough checks to be issued in payment for bills received. a. Although bills may be entered into the system over the course of the billing cycle, the Borough Administrative Assistant routinely prepares the checks in one batch on one day at the end of the cycle. Any individual checks printed prior to the end of the billing cycle are not included on the register of bills ultimately provided to Council for review and approval. aa. Checks created prior to the end of the billing cycle result in the generation of a register detailing only the checks generated on the applicable day(s). 10. Council conducts a specific vote to approve the payment of bills. a. The meeting at which the bills are presented to and voted on by Council is based on Council's preference. b. Borough checks are not to be issued prior to Council voting to approve payment of the bills presented. 1. Exceptions include limited billings which are paid monthly by electronic ACH deduction directly from the Borough General Fund account and any emergency situations. 11. Signature authority over the Borough General Fund account is held by the Council President, the Council Vice -President, and the Borough Manager. a. Borough General Fund account checks require the live signatures of any two of the three authorized signatories. The Borough Manager's signature is routinely affixed as one of the two required signatures. Benton, 20-025 Page 5 12, The Borough maintains multiple accounts at First Commonwealth Bank regarding Borough operations. a. The Borough General Fund account is documented under Account Number x-9120. 13. The Borough Manager is the chief administrative officer of the Borough and is responsible to Council for the administration of all Borough affairs placed in his/her charge. a. The Borough Manager generally reports and answers to Council in the chain of command. 1. The Borough Manager serves at the pleasure of Council. 2. Council may terminate the Borough Manager's employment by a majority vote of a quorum of Council Members. b. The Borough Manager primarily interacts with and takes direction from the Council President. 1. The Council President serves as a liaison between Council and the Borough Manager. 14. The Borough Manager maintains a broad spectrum of duties and responsibilities at the Borough, including, among others, the following: a. Supervision of the purchase of materials, supplies, and equipment for which funds are provided in the budget; 1. No purchase is to be made, contract let, or obligation incurred for any item or service which exceeds the current budget appropriation without a supplemental appropriation by Council. b. Letting contracts necessary for the operation or maintenance of Borough services for amounts up to and including $4,000.00; 1. No contract in excess of $4,000.00 and no contract for new construction is to be let except by Council. C. Receiving all bids, including sealed bids for purchases or contracts in excess of $10,000.00, and presenting such bids to Council for approval; d. Advising Council on the advantages or disadvantages of contract and bid proposals; and e. Negotiating all contracts on behalf of the Borough subject to ratification by Council. Benton, 20-025 Page 6 15. The Borough offices and the Borough Police Department are housed within the Borough building located at 221 East 7"' Avenue, Homestead, PA 15120. a. The Borough owns the structure located at 221 East 7"' Avenue, Homestead, PA 15120. b. The telephone number for the Borough Administrative Office is 412-461-1340. 16. The Borough owns additional property and the existing structure located at/on 21 East 9"' Avenue, Homestead, PA 15120. a. The property includes an existing two-story, commercial structure, commonly referred to as the Borough Recreation Center ("Rec Center"), on site. 1. The structure has a front entrance directly to the first floor via East 9th Avenue, 2. The structure has a rear entrance directly to the second floor via East Locust Way. 17, The Borough has utilized the second floor of the Rec Center for multiple years for general storage as well as storage of public works equipment, fire department equipment, etc. a. The second floor required various repairs/renovations to bring the space up to requirements set forth in the Uniform Building Code ("Building Code") in order for the space to be operated as a separate use. 18. Informal discussions occurred during Council meetings in recent years regarding the potential use of the second floor of the Rec Center for recreational and/or community activities, events, etc. a. Discussion regarding utilization of the second floor as a true recreation center was most frequently initiated by Council Members serving on the Borough Parks and Recreation Committee. 1. The Borough Parks and Recreation Committee was composed of the following Council Members from 2018 through 2020: 2018 2019 2020 Mary Nesby^ Mary Nesby^ Mary Nesby^ Lynette Mariner Lynette Mariner Wanda Burwell Kimberly Fowler Kimberly Fowler Don Dais denotes Borough Parks and Recreation Committee Chairperson b. Discussion, at times, included the subject of potential renovations and improvements desired and/or required for the second -floor area. Benton, 20-025 Page 7 1. Council Member Mary Nesby ("Nesby") was involved in the discussions as development and operation of a true community recreation center was a priority for Nesby. aa. Nesby had presented to Council her intent to develop a one-year plan regarding securing of funds for renovations to the Rec Center as well as a five-year plan to address continued funding, programs to be implemented, etc. i. Neither the one-year plan nor the five-year plan exists at the current time. 19. Although development of the Rec Center was discussed on various occasions, Council took no formal action to approve and/or authorize the implementation of any activities, programs, etc., or any renovations, improvements, etc., to the second -floor area of the Rec Center. a. Obstacles hindering the implementation of activities at the Rec Center included, among others, the following: Identifying funding sources for the required renovations and operation of activities/pro grams; 2. Performing/completing the required renovations/improvements regarding the second -floor area; and Securing community members to oversee the activities and/or maintain an adult presence at the Rec Center. 20. The Launch Box is an initiative developed and sponsored by Pennsylvania State University ("Penn State") to spur economic development and enhance opportunities within the communities served by the initiative. a. The Launch Box strives to create and develop entrepreneurial opportunities based on the community and community needs. The Launch Box concept includes providing entrepreneurs with access to Penn State resources/alumni to help offset small business start-up costs including legal assistance, marketing assistance, etc. 2. Launch Box representatives provide advice/assistance through seminars and in -person meetings to discuss business models, profit margins, etc., for creation of small businesses. 3. The Launch Box performs a variety of community outreach services (safety seminars, health care fairs, etc.). Benton, 20-025 Page 8 b. The Launch Box initiative operates on a limited budget and frequently initiates contact with municipal officials for the purpose of developing a partnership with the applicable municipality. Approximately twenty-one Launch Box locations exist in Pennsylvania's rural, urban, and suburban areas. 21. In or about October 2019, Eric Ewell ("Ewell") contacted the then Council President, Lloyd Cunningham ("Cunningham"), to assess Borough interest in partnering with Penn State for operation of a Launch Box within the Borough. a. Ewell was then and is currently employed as the Director of Continuing Education for Penn State's Allegheny campus. 1. Ewell, as the Director of Continuing Education, also serves as a facilitator for the Mon -Valley Launch Box located in the City of McKeesport. b. Cunningham ultimately identified the second floor of the Rec Center to Ewell as a potential site for establishment and operation of a Launch Box. 22. Ewell attended Council's October 14, 2019, agenda setting meeting and expressed interest in establishing a Launch Box community outreach program within the Borough for co - working, launching community business ideas, etc. a. Ewell specifically identified the second floor of the structure at 216 East 9"' Avenue within the Borough as a location of interest. b. Benton was present at the meeting. 23. On November 25, 2019, a meeting was held at the Borough building between representatives of Penn State and the Borough in relation to possible establislunent of a Launch Box on the second floor of the Rec Center. a. Borough representatives in attendance at the meeting included Benton, Cunningham, and the then Borough Manager, Lauren Zang ("Zang"). 24. After the meeting, Zang requested Dan Hankins ("Hanlcins"), the Borough Building Code Official/Zoning Officer, to conduct a walkthrough of the property to identify updates and/or renovations required to bring the structure within existing Building Code mandates. a. Hankins identified multiple repairs/renovations needed to bring the second floor of the Rec Center up to Building Code mandates for operation as a separate use. b. The Borough took no action to cure the deficiencies Hankins identified. 25. Establishment of a Launch Box for the Borough and the surrounding communities was again discussed by Council at its December 9, 2019, agenda setting meeting. Benton, 20-025 Page 9 a. Council Members present at the meeting were divided regarding Penn State's proposed utilization of the second floor of the Rec Center for a Launch Box program. 1. Benton was present at the meeting. 2. No Launch Box was ultimately established within the Borough. 26. Between the time frame of December 12, 2019, and February 13, 2020, Council held, at a minimum, three legislative meetings, two agenda/workshop meetings, and one reorganization meeting. a. Minutes of the six Council meetings are void of any discussion and/or vote by Council regarding the second floor of the Rec Center, potential use of the second floor of the Rec Center, or renovations to occur at the Rec Center, 1. Council took no formal vote or action in relation to any aspect of the Rec Center at any of the six Council meetings. 27. Benton subsequently arranged a meeting for March 5, 2020, at 1:00 p.m. at the Borough building to discuss and plan use of the second floor of the Rec Center for youth and/or community activities. a. Individuals scheduled to attend and/or participate in the meeting included Benton; Zang; C. Thomas Howell, PhD ("Howell"), Executive Director of the Mon Valley Initiative; and Mike Tunie ("Tunie"), community advocate/representative. 1. Benton personally contacted Tunie and Howell regarding the meeting. 28. Benton did not invite any Members of Council, including those on the Parks and Recreation Committee, to participate in the meeting. a. Benton did not disclose her intent to renovate and/or implement youth activities and events at the Rec Center to any Members of Council prior to scheduling and/or holding the March 5, 2020, meeting. 1. During the March 5, 2020, meeting, Benton referenced her intent to invite Nesby to participate in the next meeting to be scheduled regarding the Rec Center. 29. Hankins briefly participated in the March 5, 2020, meeting, during which Benton introduced Hankins to those present and requested information from Hankins on the general status of the second floor of the Rec Center building. Benton, 20-025 Page 10 a. Prior to exiting the meeting, Hankins suggested that the Borough contact Oak Builders (located in Munhall, Pennsylvania) to obtain an estimate for work needed for the second floor. 1. Oak Builders was not contacted in relation to the Rec Center renovations. 30. Individuals in attendance at the March 5, 2020, meeting at the Borough building discussed multiple topics relating to the Rec Center, including but not limited to the following: a. The number of days and times the Rec Center was to be open per week; b. Eligible age ranges for youths to participate in scheduled programs; C. Potential activities to implement and/or sponsor (i.e., batting events, bowling events, charm school, skating parties, movie nights, talent shows, lunch outings, etiquette classes, etc:); d. Child clearances for parents participating in events; and e. The need for advisors and instructors. 31. A funding proposal identified at the meeting was to account for expenses associated with the Rec Center, including the following: a. Equipment (including computers, cameras, projector with screen, and alarm system); b. Services (including system setup and security guards); and C. Renovations to the building. 32. Benton, Zang, and Hankins had a discussion on or about March 6, 2020, during which Hankins identified and discussed the repairs/renovations needed to bring the building up to Building Code mandates and operate the second floor as a separate use. a. Zang requested Hankins to generate a memo memorializing the deficiencies to be corrected. 33. Hankins generated a memo to Zang dated March 6, 2020, based on his previous walk- through of the building in late 2019, which identified seven specific repairs/renovations required at the Rec Center as detailed below: a. Extending the current stairwell that empties into the boxing area and installation of a new door on the left side of the building; b. Installing a handicap accessible ramp in the rear of the building along East Locust Way for the existing means of egress; Benton, 20-025 Page 11 C. Repairing the emergency lighting and exit signs; d. Replacing the floor covering; and e. Patching holes in the walls. 34. At 3:57 p.m., after the conclusion of the March 5, 2020, meeting, and on various dates thereafter, Benton contacted Nesby via cellular telephone and spoke with Nesby in relation to the development of a Rec Center and the role Benton envisioned for Nesby. a. Benton informed Nesby that Nesby was going to oversee the Rec Center after renovations were completed. b. Benton wanted Nesby to know that things were being done at/for the Rec Center. 35. Nesby was confused with Benton's comments about work occurring at the Rec Center and the role Nesby was to play regarding the Rec Center in that: a. Nesby was not aware of the renovations Benton was referencing; b. Nesby was pursuing potential grants at that time; and C. Nesby had not yet developed the one and five-year plans for a Rec Center. 36. After the March 5, 2020, meeting, Benton directed Zang to generate a flyer detailing the types of family/community events to be implemented and/or available at the Rec Center. a. Zang generated the flyer based on handwritten notes Benton had taken during the March 5, 2020, meeting. 1. Benton personally provided her handwritten notes to Zang. 37. The March 5, 2020, meeting regarding the Rec Center occurred four days prior to Council's scheduled March 9, 2020, agenda/workshop meeting and seven days prior to Council's scheduled March 12, 2020, legislative meeting. a. Benton did not provide any information at Council's March 9, 2020, agenda meeting or Council's March 12, 2020, legislative meeting regarding the March 5, 2020, Rec Center meeting or her plans for the Rec Center. Discussion occurred at the March 9, 2020, agenda meeting regarding the replacement of the Borough building's existing camera system. aa. As part of the discussion, Benton stated that the old cameras were to be used at "Ninth Avenue." Benton, 20-025 Page 12 Nesby questioned if the cameras were to be used at the building for which she and Benton were going to "get together." ii. Benton affirmed Nesby's question but provided no additional explanation to Council of her plans for the Rec Center building at that time. iii. Council Member Wanda Burwell subsequently referenced the 'I" Avenue" building in a statement; however, Benton stated multiple times that Council was "not getting into that now." 2. Council approved Barrier Protection's replacement of the existing camera system with a new camera system at the March 12, 2020, legislative meeting. aa. Benton contacted Chief of Police Jeff DeSimone ("DeSimone") via telephone on or about April 24, 2020, and directed DeSimone to maintain the old cameras. bb. Benton informed DeSimone that her son would come to the Police Department to take possession of the cameras for installation at the Rec Center building. 38. Aaron. Warren Benton, Sr. (hereafter, "Aaron Benton") is Benton's son. a. Aaron Benton resides in a two-story multifamily residential structure. 39. AW Construction LLC ("AW Construction") is a limited liability general construction entity owned and operated by Aaron Benton. a. AW Construction was organized as a domestic limited liability company through the Pennsylvania Department of State on January 7, 2018, under Entity Number 6649659. 1. The effective date of the Certificate of Organization was January 8, 2018. b. Aaron Benton is the sole organizer and interested party in AW Construction. 1. AW Construction is registered as a sole proprietorship. C. AW Construction's initial registered office address was 1325 Margaret Street, Munhall, PA 15120, Allegheny County. 1325 Margaret Street, Munhall, PA 15120 is a residential structure. Benton, 20-025 Page 13 40. AW Construction was not a source of full-time employment or primary income for Aaron Benton in early 2020. a. Aaron Benton was 'employed in a full-time capacity as a carpenter with ABS Building Systems Integrators, LLC from November 21, 2016, until September 18, 2020. 1. ABS Building Systems Integrators, LLC is a full -service contracting company which offers a range of personnel, trades, and experience for construction and related projects. b. Other than ABS, Aaron Benton had no other consistent employment and/or main source of income in early 2020. 41. ABS Building Systems Integrators, LLC experienced limited operational status from approximately March 23, 2020, through May 3, 2020, due to restrictions placed on construction by the Commonwealth in response to the COVID-19 pandemic. a. Aaron Benton experienced a complete loss of work hours from March 23, 2020, to May 3, 2020, regarding his full-time employment with ABS Building Systems Integrators, LLC. 1. Aaron Benton ultimately filed for and received unemployment compensation with the Pennsylvania Office of Employment Compensation as a result of his loss of work hours due to furlough. b. Aaron Benton resumed his full-time position and hours with ABS Building Systems Integrators, LLC effective May 4, 2020. 42. AW Construction had/has no marketing or advertising mechanisms in place through which to generate business. a. AW Construction did/does not utilize signs, billboards (electronic or other), internet website(s), newspapers, direct mailings, etc., through which to entice and/or obtain clients. b. AW Construction had/has no business office, storefront, warehouse, etc., from which its daily operations were/are administered. 43. Aaron Benton maintains personal savings and checking accounts as well as separate business savings and checking accounts at U$X Federal Credit Union ("U$X FCU"). a. The business savings account was opened on October 12, 2016, under the name of Aaron Benton. b. The business checking account was opened on January 23, 2018, under the name of AW Construction. Benton,20-025 Page 14 c. Aaron Benton is the only authorized signatory on the business savings and checking accounts. 44. Council took no action (formal or otherwise) at any meetings spanning January 2020 through March 2020 to approve any of the following in relation to the second floor of the Rec Center building: a. Procurement of an estimate(s) to identify potential costs; b. Advertisement for solicitation of quotes and/or public bids; c. Completion of any renovations/repairs; and/or d. Contracting with Aaron Benton/AW Construction. 45. Benton, Aaron Benton, and Zang maintained personnel cellular telephones at all times over the time period of December 1, 2019, through July 31, 2020. a. Benton maintained a personal cellular telephone registered with Cricket, a subsidiary of AT&T. b. Aaron Benton maintained a personal cellular telephone registered with Sprint, a subsidiary of T-Mobile. C. Zang maintained a personal cellular telephone registered with Verizon Wireless. 46. Zang did not initiate contact with Aaron Benton in any format (in -person, telephone, text message, email message, etc.) to inquire into Aaron Benton's interest in performing the Rec Center work and/or to offer or award the work to Aaron Benton. a. Aaron Benton initiated a telephone call to Zang's personal cellular telephone from his personal cellular telephone on March 18, 2020, at approximately 2:46:20 p.m. 1. The duration of the call was twenty-seven seconds. 2. Zang had not provided Aaron Benton with her cellular telephone number at that time. aa. Benton had access to Zang's personal cellular telephone number as a Member of Council/Council President. 47. Benton had multiple telephone contacts with Aaron Benton, Zang, and the Borough Administrative Office on March 16 and 17, 2020, only days prior to the beginning of the Rec Center project, as detailed below: Benton, 20-025 Page 15 Date Time Local )rT Calling Number Called Number Monday, March 16, 2020 9:42:08 AM 0:05:26 14126239954 (A. Benton) 14124629740 (Benton) Monday. March 16. 2020 9:48:12 AM 0:02:54 14124629740 (Benton) 14126239954 (A. Benton) Monday, March 16, 2020 9:51:19 AM 0:00:52 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 9 52:16 AM 0 01:11 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 9 53:43 AM 0:01:46 14124629740 Benton l4126239954 A Benton Monday, March l6, 2020 ]0 10.33 AM 0 02 18 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 10:24:26 AM 0:01:03 14124629740 (Benton) 14124611340 (Borough Bldg) li Monday, March 16, 2020 11:00:10 AM 0:03:09 14124611340 (Borough Bldg) 14124629740 (Benton) Monday, March 16 2020 11 13:19 AM 0:00:51 14124629740 (Benton) l4124611340 (Borough Bldg) Monday, March 16, 2020 11 17:34 AM 0 01 20 14124611340 (Borough Bldg) 14124629740 (Benton) Monday, March 16, 2020 12:01:26 PM 0:00:49 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 12:02:23 PM 0 01:58 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 i2 15:07 PM 0:00:47 14126239954 (A. Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 12:16:01 PM 0:00:45 14126239954 (A. Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 2:01:09 PM 0:01:14 14126239954 (A Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 2:27:18 PM 0:01:24 141246E 1340 (Borough Bldg) 14124629740 (Benton) Monday, March 16 2020 2:42:22 PM 0:02:42 141246E 1340 (Borough Bldg) 14124629740 (Benton) Monday, March 16, 2020 3:07:06 PM 0:00:29 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 3 13 06 PM Q 01:25 14124629740 (Benton) 14124611340 (Borough Bldg) Monday, March 16, 2020 8:18:42 PM 0 12:47 14124629740 (Benton) 14126239954 (A Benton) Tuesday, March 17, 2020 10.26:45 AM 0.00:03* 1412461 i340 (Borough Bldg) 14I24629740 (Benton) Tuesday,,March 17, 202.0 11:46:02 AM 0:01:03 1412.4629740 (Benton) 1412623995.4 (A Benton) Tuesday March 17, 2020 I 1 52:34 AM 0 04:04 14124629740 (Benton) ....... 14126239954 (A. Benton) -- Tuesday, March 17, 2020 11:58:36. AM 0 07:25 14124629740 (Benton) 14124611340 (Borough Bldg) Tuesday, March 17, 2020 12 08:23 PM 0 02:37 14124629740 (Benton) 14126239954 (A. Benton) Tuesday, March 17, 2020 1:17:19 PM 0:05:55 14126239954 (A. Benton) 14124629740 (Benton) Tuesday, March-17, 2020 1:46:34 PM 0:00:06 14124629740 (Benton) 14126239954 (A. Benton) *Denotes routed to voicemail a. Benton initiated contact with the Borough Administrative Office a minimum of ten times and received contact from the Borough a minimum of five times between March 16 and 17, 2020, 1. Of the fifteen total contacts, at least ten of the contacts lasted in excess of one minute. b. Benton initiated contact with Aaron Benton a minimum of seven times and received contact from Aaron Benton a minimum of two times on March 16 and 17, 2020. l . Of the nine total contacts, at least eight of the contacts lasted in excess of one minute. Benton, 20-025 Page 16 C. Aaron Benton attempted to contact the Borough a minimum of three times on March 16, 2020. 1. Of the three attempts, one of the contacts lasted in excess of one minute. 48. Aaron Benton maintained custody of the Rec Center building keys until approximately June 1, 2020, when he returned the keys to the Borough Police Department secretary. 49. Benton contacted Zang on or about March 18, 2020, and informed Zang of Aaron Benton's pending submission of a quote/invoice to the Borough for renovations to be performed at the Rec Center building. a. Benton informed Zang that Aaron Benton needed partial payment of the quote/invoice in advance to purchase materials for the project. 1. Zang memorialized her conversation with Benton in handwriting on Invoice No. 1 received from Aaron Benton as follows: 311812020. Spoke to Rev. Need down payment for materials. b. The Borough does not traditionally issue advance payment to contractors for the purchase of project materials. 50. Benton had multiple telephone contacts with Aaron Benton, Zang, and the Borough Administrative Office on March 18, 2020, as detailed below: Day/Date Time Duration Number Calling [Number Called Wednesday, March 18, 2020 ........ ._._ ......... 9:13:30 AM 0:00:23 4124611340 (Borough Bldg) 4124629740 (Benton) Wednesday March 18 2020 9:15:01 AM 0:09 49 4124611340 (Borough Bldg) 4124629740 (Benton) Wednesday, March 18, 2020 10:55:02 AM 0:01:14 4126239954 (A. Benton) 4124629740 (Benton) Wednesday, March 18, 2020 2:10:27 PM 0:01:09 4124629740 (Benton) 4124611340 (Borough Bldg) Wednesday, March I8, 2020 2:26:13 PM 0:00:06 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, March 18, 2020 2:51:31 PM U0:03* 4126239954 (A. Benton) 4124629740 (Benton) Wednesday, March 18, 2020 2:57:41 PM 0:02:50 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, March 18, 2020 3:00:52 PM 0:01:01 4124629740 (Benton) 4124611340 (Borough Bldg) Wednesday, March 18, 2020 3:01:43 PM 0:00:00* 4127791128 (Zang) ............ 4124629740 (Benton) Wednesday, March 18, 2020 ... ........ ........ ... 3:01:50 PM ... ... ... ... 0:00:02* 4127791128 (Zang) 4124629740 (Benton) Wednesday, March 18, 2020 3:01:57 PM 0:00:01 * 4127791128 (Zang) 4124629740 (Benton) Wednesday, March 18, 2020 3:02:06 PM 0:00:01 * 4127791128 (Zang) 4124629740 (Benton) Wednesday, March 18, 2020 3:02:21 PM 0:00:09 4124629740 (Benton) 4124611340 (Borough Bldg) Wednesday, March 18, 2020 3:02:36 PM 0:00:06 4124629740 (Benton) 4124611340 (Borough Bldg) Wednesday, March .... 18, 2020 3:03:02 PM 0:05:41 4124629740 (Benton) .............. 4127791128(Zang) ... ...... Wednesday, March 18, 2020 3:15:01 PM 0:02:46 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, March 18, 2020 6:33:57 PM 0:00:001 4124629740 (Benton) 4126239954 (A. Benton) ^Denotes text message Benton, 20-025 Page 17 *Denotes routed to voicemail a. Benton contacted the Borough Administrative Office a minimum of four times and received contact from the Borough Administrative Office a minimum of two times on March 18, 2020. 1. Of the six total attempts, at least three of the contacts lasted in excess of one minute. b. Benton contacted Aaron Benton a minimum of four times and received contact from Aaron Benton a minimum of two times on March 18, 2020. I. One of the six total contacts was a text message from Benton to Aaron Benton. 2. Of the five voice contacts, at least three of the contacts lasted in excess of one minute. C. Benton initiated contact with Zang a minimum of one time and received contact from Zang a minimum of four times on March 18, 2020. I . Of the five total contacts, at least one lasted in excess of one minute. 51. Aaron Benton's contract with the Borough to perform renovations to the second floor of the Ree Center building was initiated with the submission of an AW Construction Quote/Invoice No. 1, dated March 18, 2020, to Zang's attention at the Borough Administrative Office as detailed below: Inv. Date Inv. No. Item 03/18/2020 1 Demo Paint/Labor Paint/Materi al s Patch & Wall Repair Patch & Wall Repair/Materials Ceiling Grid Ceiling Grid / Materials Desc Line Total Entire 2116 floor carpet pulled & $1,100,00 trashed, remove first wall at back door, & remove all the messed up ceiling tiles, remove all trash and debris. Paint walls on 2"d floor color tdb. $950.00 Paint & accessories. $450.00 Replace drywall where needed & $865.00 patch all wholes [sic] in walls. Drywall, mud, tape, etc. $185.00 Replace grid were [sic] wall was $495.00 tore [sic] down, acid new addition & replace all tile that was taking [sic] out during demo. Tile at lease [sic] 50 pieces [sic], $465.00 wall angle, grid, etc. Benton, 20-025 Page 18 Inv. Date Inv. No. Item Dese Line Total Dempster $500,00 Total $4,910.00 a. Aaron Benton requested $ ] ,100.00 of the invoice total from Zang as an advance to purchase materials documented on the invoice. b. The contract between Aaron Benton/AW Construction and the Borough was effective as of at least March 18, 2020, via submission of Invoice No. 1. 52, Aaron Benton was issued Borough General Fund Check No. 17742, dated March 19, 2020, in the amount of$1,100.00 on or about March 19, 2020. a. Aaron Benton's signature is present as the endorsing signature on the back of Check No. 17742. 1. Check No. 17742 was negotiated on March 20, 2020. 53. Check No. 17742 was the only Borough General Fund check issued on March 19, 2020. 54. The Borough closed its administrative offices to the public on or about March 19, 2020, and reduced its daily operations effective March 20, 2020, in association with a COVID- 19 mandate issued by Pennsylvania Governor Tom Wolf. a. Zang and Borough Administrative Assistant Vickie Pelkey ("Pelkey") continued to work at the Borough building administrative office on a limited basis at various days and times after March 20, 2020. 1. Zang and/or Pelkey worked in the administrative office performing tasks such as answering messages, processing bills received, generating checks for payment of Borough bills, issuing payroll, etc. 55. Aaron Benton/AW Construction continued to perform repairs/renovations to the second floor of the Rec Center building after the March 20, 2020, shut down. a. Zang's limited verbal communication with Aaron Benton while Aaron Benton was performing renovations/repairs to the Rec Center building is detailed below: Day/Date Time Duration Number Calling Number Called Monday, March 16, 2020 12:15:07 PM 0:00:47 4126239954 (A. Benton) 4124611340 (Borough Bldg) Monday, March 16, 2020 12:16:01 PM 0:00:45 4126239954 (A, Benton) 4124611340 (Borough Bldg) Monday, March 16, 2020 2:01:09 PM 0:01:14 4126239954 (A. Benton) 4124611340 (Borough Bldg) Wednesday, March 18, 2020 2:46:20 PM 0:00:27 4126239954 (A. Benton) 4127791128 (Zang) Tuesday, March 31, 2020 10:07:12 AM 0:01:09 4126239954 (A. Benton) 4127791129 (Zang) "Tuesday, March 31, 2020 4:33:12 PM 0:01:03 4126239954 (A. Benton) 4127791128 (Zang) Wednesday, April 1, 2020 10:07:25 AM 0:01:20 4126239954 (A. Benton) 4127791128 (Zang) Monday, April 13, 2020 2:11 Al PM 0:02:36 4126239954 (A. Benton) 4127791128 (Zang) Benton, 20-025 Page 19 Day/Date Time Duration Number Calling Number Called Tuesday, April 14, 2020 10:05:36 AM 0:00:03* 4127791128 (Zang) 4126239954 (A. Benton) Tuesday, April 14, 2020 10:23:43 AM 0:02:03 4126239954 (A. Benton) 4127791128 (Zang) Tuesday, April 14, 2020 11:23:37 AM 0:00:46 4126239954 (A. Benton) 4127791128 (Zang) Tuesday, April 14, 2020 3:21:02 PM 0:00:45 4126239954 (A. Benton) 4127791128 (Zang) Wednesday, May 6, 2020 10:25:26 AM 0:02:04 4126239954 (A. Benton) 4127791128 (Zang) 0:15.02 *Denotes routed to voicemail 1. Telephone communication between Zang and Aaron Benton from March 16, 2020, through May 6, 2020, totaled fifteen minutes over thirteen contacts. aa. Zang initiated contact with Aaron Benton via her personal cellular telephone on only one occasion between March 16, 2020, and May 6, 2020. 56. On or about April 1, 2020, Aaron Benton supplied Zang with a duplicate copy of AW Construction Quote/Invoice No. 1 for payment as well as an initial copy of AW Construction Invoice No. 2 for partial payment as detailed below: Inv. Date Inv. No. Item Description Line Total 03/19/2020 1 Demo Entire 2,,d floor carpet pulled & trashed, remove fist $1,100.00 wall at back door, & remove all the messed up ceiling tiles, remove all trash and debris. faint/Labor Paint walls on 2°d floor color tdb. $850.00 Paint/Materials Paint & accessories. $450.00 Patch & Wall Replace drywall where needed & patch all wholes $865.00 Repair [sic] in walls. Patch & Wall Drywall, mud, tape, etc. $185.00 Repair/Materials Ceiling Grid Replace grid were [sic] wall was tore [sic] down, add $495.00 new addition & replace all tile that was taking [sic] out during demo. Ceiling Grid / Tile at lease [sic] 50 pieces [sic], wall angle, grid, etc. $465.00 Materials Dumpster $500.00 Total $4,910.00 04/01/2020 2 Demo Front walls of both bathrooms & one additional wall $450.00 on ADA hathroom. Materials ADA approve [sic] sink & toilet/20 sheets of drywall, $2,500.00 compound mud, studs, & flooring, plumbing PVC and supply lines ADA fixtures. Benton, 20-025 Page 20 Inv. Date Inv. No. item Description Line Total Labor Remodeling bathroom making ADA compliant. $2,000.00 Total $4,950.00 a. Aaron Benton submitted a duplicate copy of Invoice No. 1 for payment of the $3,810.00 balance due. b. Aaron Benton submitted Invoice No. 2 for the purpose of obtaining an advance in the amount of $2,475.00 to purchase the materials for the services documented on the invoice. 1. The materials and services documented on Invoice No. 2 were not identified and/or included in Hankins' March 6, 2020, memo. 57. Benton had multiple telephone contacts with Aaron Benton and Zang on April 1, 2020, as detailed below: Day/Date Time Duration Number Canine Number Called Wednesday, April 1, 2020 10:07:25 AM 0:01:20 4126239954 (A, Benton) 4127791128 (Zang) Wednesday, April 1, 2020 10:43:57 AM 0:01:09 4124629740 (Benton) 4127791128(Zang) Wednesday, April 1, 2020 11:06:24 AM U0:03* 4127791128 (Zang) 4124629740 (Benton) Wednesday, April 1, 2020 11:06A3 AM 0:02:13 4127791128 (Zang) 4124629740 (Benton) Wednesday, April 1, 2020 11:12:06 AM 0:00:59 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 1, 2020 1:06:31 PM 0:00:54 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 1, 2020 1:07:49 PM 0:00:22 4124629740 (Benton) 4127791128 (Zang) Wednesday, April 1, 2020 1:09:45 PM 0:0U8 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 1, 2020 2:07:15 PM 0:00:03* 4126239954 (A, Benton) 4124629740 (Benton) Wednesday, April 1, 2020 2:08:03 PM 0:00:17 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 1, 2020 2:34:48 PM 0:0U8 4126239954 (A. Benton) 4124629740 (Benton) Wednesday, April 1, 2020 5:37:10 PM 0:00:27 4124629740 (Benton) 4126239954 (A. Benton) *©motes routing to voicemail a. Benton initiated contact with Zang at least two times and received contact from Zang a minimum of two tithes on April 1, 2020. 1. Of the four total contacts, at least two of the contacts lasted in excess of one minute. b. Benton also contacted Aaron Benton a minimum of five times and received contact from Aaron Benton two times on April 1, 2020. C. Aaron Benton contacted Zang one time resulting in contact in excess of one minute. 58. Aaron Benton was issued Borough General Fund Check Nos. 17743 and 17744 on or about April 1, 2020, in the amounts of $3,810.00 and $2,475.00 respectively, for the balance due of Invoice No. 1 and partial payment of Invoice No. 2. Benton, 20-025 Page 21 a. Aaron Benton deposited Check Nos. 17743 and 17744 totaling $6,825.00 into his U$X FCU business checking account on April 2, 2020, at approximately 4:30 p.m. Aaron Benton's signature appears as the endorsing signature on the rear of Check Nos. 17743 and 17744. 2. The $6,825.00 deposit on April 2, 2020, composed of Check Nos. 17743 and 17744, represented the first transaction in Aaron Benton's U$X FCU business account (checking and/or savings) for the 2020 calendar year. b. Aaron Benton subsequently transferred the $6,285.00 from his U$X FCU business checking account to his U$X FCU personal account that same day. Aaron Benton had an available balance of $1.84 in his U$X FCU personal checking account at the time of the transfer. 59. Check Nos. 17743 and 17744 were the only Borough General Fund checks generated on April 1, 2020. a. Check Nos. 17743 and 17744 were issued separate from the regular monthly check run for April 2020, resulting in the omission of Check Nos. 17743 and 17744 from the April 15, 2020, bill list. I. Issuance of checks in this manner concealed from Council that payments were received by Benton's son. b. Benton authorized the issuance of Check Nos. 17743 and 17744 to AW Construction without Council's prior knowledge or ratification. 60. Betty Esper ("Esper") is the current Borough Mayor. a. Esper has served as the Borough Mayor since January 1990. b. As the Borough Mayor, Esper routinely drives through and around the Borough to keep abreast of and observe happenings in the community. 61. On April 7, 2020, while driving through the Borough, Esper observed a vehicle parked on East Locust Way at the rear of the Rec Center building. a. Aaron Benton exited the rear door of the Rec Center building onto East Locust Way as Esper approached the structure. I . Esper did not know Aaron Benton's identity at that time. Benton, 20-025 Page 22 62. Esper questioned Aaron Benton regarding his presence at the Rec Center, what was occurring at the Rec Center, and her lack of knowledge of work being performed at the Rec Center. a. Aaron Benton informed Esper that he and another individual were installing a handicap compliant restroom on the second floor of the Rec Center building. 1. Aaron Benton was being assisted by his brother/Benton's son, Michael Benton, at the time. 63. Benton initiated a cellular telephone call on April 7, 2020, to Aaron Benton at 2:17:05 p.m. with a recorded duration of approximately twenty-three seconds at or about the time that Esper was present at and/or leaving the Rec Center. a. Benton subsequently made an immediate call to Michael Benton's cellular telephone at approximately 2:17.52 p.m., contemporaneous to Esper leaving the Rec Center. 1. The cellular telephone call lasted for approximately two minutes and three seconds. 64. Esper received a telephone call from Benton at approximately 2:21 p.m., only minutes after returning to her residence. a. Benton inquired about Esper stopping at the Rec Center and questioned if anything was wrong. b. Benton informed Esper during the call that the individual at the Rec Center was her son. C. Benton's call to Esper was the next call placed after the call to Michael Benton. d. Approximately ten minutes after concluding her call with Esper, Benton received a telephone call from Aaron Benton (2:32 p.m.) which lasted for a duration of one minute and twenty-seven seconds. 65. Esper later informed multiple members of Council of her April 7, 2020, encounter with Aaron Benton and her discovery that Aaron Benton was performing renovations/repairs on the second floor of the building. a. At the time of Esper's discovery, Council had not granted approval for any individual or company/entity to perform any renovations/repairs at the Rec Center building. 1. No individual Members of Council were aware of the renovations being performed at the Rec Center building by Aaron Benton/AW Construction at that time except Benton. Benton, 20-025 Page 23 b. At the time of Esper's discovery, Aaron Benton/AW Construction had already received three checks from the Borough General Fund totaling $7,385.00 which were not approved by a vote of Council. 66. On or about April 14, 2020, Aaron Benton supplied Zang with a duplicate copy of AW Construction Quote/Invoice No. 2 for payment as well as AW Construction invoice Nos. 3 and 4 for payment as detailed below: Inv. Date Inv. No. item Desc Line Total 04/01/2020 2 Demo Front walls of both bathrooms & one $450.00 additional wall on ADA bathroom. Materials ADA approve [sic] sink & toilet/20 sheets $2,500.00 of drywall, compound mud, studs, & flooring, plumbing PVC and supply lines ADA fixtures. Labor Remodeling bathroom making ADA $2,000.00 compliant. Total $4,950.00 04/14/2020 3 Materials Carpet, vinyl cove base, glue to cover 2,346 $2,900.00 Sq Ft Labor Lay indoor/outdoor carpet down with a $2,000.00 glued application & trimming out with a vinyl base in entire area accept [sic] for office in front Total $4,800.00 04/14/2020 4 Materials New panel box, GFI outlets 3, 4 2 x 4 LED $2,800.00 lights, 2 vent/light combo, Ibathroom light, wire, outlet switches, exit lights 3 Labor All lighting rec area bathrooms, all outlets $1,200.00 and switches, bring panel and all lighting up to code Total $4,000.00 a. Aaron Benton subcontracted the installation of the carpeting in the Rec Center as documented on Invoice No. 3 to Velibor Dragas/Dragas Carpet. 1. Dragas submitted an invoice to Aaron Benton documenting the cost of the carpet installation as $3,600.00. Benton, 20-025 Page 24 2. Aaron Benton invoiced the Borough $4,800.00 for the April 14, 2020, carpet installation. aa. Aaron Benton charged the Borough an additional $1,200.00 above and beyond the amount that Dragas charged Aaron Benton for the carpet installation. b. The materials and services documented on Invoice No. 4 were not identified and/or included in Hankins' March 6, 2020, memo. C. Aaron Benton submitted the duplicate copy of Invoice No. 2 for payment of the $2,475.00 outstanding balance due. 67. Zang spoke with Benton on or about April 14, 2020, and/or April 15, 2020, during which Benton authorized the issuance of payment to Aaron Benton/AW Construction in the total amount of $11,275.00 for the invoices submitted. a. Zang memorialized her conversation with Benton in handwriting on the duplicate copy of Invoice No..2 as follows: 411512020 --- Per Rev Benton have Drew sign off on check for these invoices. 68. Benton had multiple telephone contacts with Aaron Benton, Zang, and/or the Borough Administrative Office on April 14t1i and 151h, 2020, as detailed below: Day/Date Time Duration Number Calling Number Called Tuesday, April 14, 2020 10:05:36 AM 0:00:03* 4127791128 (Zang) 62450000000931 (A. Benton) Tuesday, April 14, 2020 10:23:43 AM 0:02:03 4126239954 (A. Benton) 4127791128 (Zang) Tuesday, April 14, 2020 1 1:23:37 AM 0:00:46 4126239954 (A. Benton) 4127791128 (Zang) Tuesday, April 14, 2020 1:10:28 PM 0:04:08 4124629740 (Benton) 4127791128 (Zang)) Tuesday, April 14, 2020 2:35:14 PM 0:01:11 4124629740 (Benton) 4127791128 (Zang) Tuesday, April 14, 2020 3:10:31 PM 0:00:33* 4124611340 (Borough Bldg) 4124629740 (Benton) Tuesday, April 14, 2020 3:10:58 PM 0:05:01 4124629740 (Benton) 4124611340 (Borough Bldg) Tuesday, April 14, 2020 3:16:16 PM 0:01:34 4126239954 (A. Benton) 4124629740 (Benton) "Tuesday, April 14, 2020 3:18:58 PM 0:00:39 4124629740 (Benton) 4126239954 (A. Benton) Tuesday, April 14, 2020 3:21:02 PM 0:00:45 4126239954 (A. Benton) 4127791128 (Zang) Tuesday, April 14, 2020 3:22:17 PM 0:01:59 4126239954 (A. Benton) 4124629740 (Benton) Tuesday, April 14, 2020 3:25:59 PM 0:03:25 4124629740 (Benton) 4127791128(Zang) Tuesday, April 14, 2020 3:49:59 PM 0:00:53 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 15, 2020 9:07:49 AM Wednesday, April 15, 2020 10:25:34 AM Wednesday, April 15, 2020 10:50:51 AM Wednesday, April 15, 2020 1:09:41 PM Wednesday, April 15, 2020 1:IT.23 PM Wednesday, April 15, 2020 2:51:00 PM 0:01:06 4124629740 (Benton) 4126239954 (A. Benton) 0:01:31 4124629740 (Benton) 4126239954 (A. Benton) 0:00:27 4124629740 (Benton) 4127791128(Zang) 0:01:48 4124629740 (Benton) 4126239954 (A. Benton) 0:00:57 4126239954 (A. Benton) 4124629740 (Benton) 0:00:46 4124629740 (Benton) 4127791128 (Zang) Benton, 20-025 Page 25 Day/Date Time Duration Number Calling Number Called Wednesday, April 15, 2020 5;01;43 PM 0:05:35 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 15, 2020 6:02;32 PM 0:00:02* 4127791128 (Zang) 4124629740 (Benton) Wednesday, April 15, 2020 6:03:37 PM 0:01:15 4124629740 (Benton) 4127791128 (Zang) Wednesday, April 15, 2020 6:05:57 PM 0:02:40 4124629740 (Benton) 4127791128 (Zang) Wednesday, April 15, 2020 6:26:52 PM 0:06:09 4124629740 (Benton) 4127791128 (Zang) Wednesday, April 15, 2020 6:49:27 PM 0:25:02 4124629740 (Benton) 4127791128 (Zang) Wednesday, April 15, 2020 7:44:10 PM 0:05:18 4124629740 (Benton) 4127791128 (Zang) Wednesday, April 15, 2020 8:01:28 PM 0:00:26 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, April 15, 2020 8:03:23 PM 0:00:16 4124629740 (Benton) 4126239954 (A. Benton) *Denotes routing to voicemail a. Benton attempted to contact Zang a minimum of ten times and received one call from Zang on April 14t1' and 15t", 2020. 1. Of the eleven total attempts, at least eight of the contacts lasted in excess of one minute. b. Benton contacted Aaron Benton a minimum of eight times and received return contacts from Aaron Benton a minimum of three times on April 14t11 and 15ti', 2020 1. Of the eleven total contacts, at least six were in excess of one minute. C. Benton also contacted the Borough Administrative Office a minimum of one time and received a contact from the Borough Administrative Office one time on April 101 and 15E1', 2020. 1. One of the two contacts lasted in excess of one minute. d. Aaron Benton contacted Zang three times and received a contact from Zang one time on April 141" and 15"', 2020. 1. Of these, one of the contacts lasted in excess of one minute. 69. On April 15, 2020, Pelkey completed the April 2020 check run which resulted in creation of checks to be issued and generation of a bill list which documented Borough expenses due for payment. a. Check No. 17748 (payable to AW Construction in the amount of $11,275.00) was generated as part of the regular April 2020 check run regarding payment of Borough bills. b. Check No. 17748 was documented on the April 15, 2020, bill list. 70. Later that day, Zang personally delivered the April 15, 2020, bill list and checks to Benton at the administrative office of Clark Memorial Baptist Church for Benton's review and signature. Benton, 20-025 Page 26 a. Benton is employed in a part-time administrative capacity at Clark Memorial Baptist Church. 71. Benton subsequently expressed concern to Zang over the information present on the April 15, 2020, bill list regarding the AW Construction invoices and the amount of Check No. 17748 generated for payment. a. Zang explained to Benton that the system captures information from invoices entered and corresponding checks created which is then memorialized in an automatically generated bill list. b. Benton then authorized the issuance of Check No. 17748 to AW Construction without Council's prior knowledge or ratification. 72. Aaron Benton was issued Borough General Fund Check No. 17748 in the total amount of $11,275.00 on or about April 15, 2020, for the balance due regarding AW Construction Invoice No. 2 as well as the full amounts of AW Construction Invoice Nos. 3 and 4 ($2,475.00 + $4,800,00 + $4,000.00 = $11,275.00). a. Aaron Benton deposited Check No. 17748 into his U$X FCU business checking account on April 15, 2020, at approximately 4:56 p.m. 1. Aaron Benton's signature appears as the endorsing signature on the rear of Check No. 17748. 2. The $11,275,00.00 deposit on April 15, 2020, composed of Check No. 17748, represented the second deposit into Aaron Benton's U$X FCU business account (checking and/or savings) for the 2020 calendar year. b. Aaron Benton transferred the $11,275.00.00 from his U$X FCU business account to his U$X FCU personal checking account that same day. 1. Aaron Benton subsequently transferred $8,000.00 from his U$X FCU personal checking account to his personal savings account that same day. aa. Aaron Benton had an available balance of $77.84 in his U$X FCU personal savings account at the time of the transfer. 73. Due to the cancelling of Councils April 16, 2020, legislative meeting, Benton authorized Zang to conduct a telephone vote to approve payment of the monthly bills as detailed on the April 15, 2020, bill list. 74. Aaron Benton had already received, negotiated, cashed and/or deposited Borough General Fund Check Nos, 17742, 17743, 17744, and 17748 totaling $18,660.00 prior to the April 16, 2020, telephonic vote. Benton, 20-025 Page 27 75. During the telephone vote conducted on April 16, 2020, Council approved payment of the Borough's April 15, 2020, bill list in the amount of $607,541.86. a. During the telephone vote, multiple Council Members expressed concern to Zang about approving Borough expenses without receiving a bill list to review. 1. Cunningham was especially concerned with the absence of a bill list and expressed his view to Zang prior to casting his vote. b. Nesby voted in opposition to payment of the Borough bills. 76. On or about May 6, 2020, Aaron Benton supplied Zang with AW Construction Invoice Nos. 4 and 5, each dated May 6, 2020, for payment as detailed below: Inv. Date Inv. No. Item 05/06/2020 4(a)^ Materials 05/06/2020 5 Labor Total Materials Labor Dese Line Total Two wooden doors and frames, trim for $700.00 doors, plywood, studs/wood for two interior ramps Install two doors and trim, build two ramps $800,00 on the inside back entrance $1,500.00 Cat 6 wire, four exit signs, TV monitor $920.00 Install four exit sign [sic] fire code $1,780.00 approved, also install five cameras & Monitor in rec space $2,700.00 ,',Aaron Benton submitted two separate invoices under Invoice No, 4; second Invoice No. 4 received on May 6, 2020, designated by Investigative Division as Invoice No. 4(a). a. Installation of five cameras and a monitor onlin the Rec Center building documented on Invoice No. 5 was not identified and/or included in Hankins' March 6, 2020, memo. 77. Zang spoke with Benton on or about May 6, 2020, during which Benton authorized the issuance of payment to Aaron Benton/AW Construction in the total amount of $4,200.00 for the invoices submitted. a. Benton had multiple telephone contacts with Aaron Benton, Zang, and/or the Borough Administrative Office on May 6, 2020, as detailed below: Day/Date Time Duration Number Calline ..... . _. _.......... Number Called - Wednesday, May 6, 2020 1035:34 AM 0:25:05 4124629740 (Benton) 4127791128 (Zang) Wednesday, May 6, 2020 11:59:37 AM 0:01:35 4124629740 (Benton) 4126239954 (A. Benton) Benton, 20-025 Page 28 Day/Hate Time Duration . Number Calling _._.... _..... ..... Number Called Wednesday, May 6, 2020 12:01:11 PM 0:01.15 4124611340 (Borough Bldg) 4124629740 (Benton) Wednesday, May 6, 2020 12:02:53 PM 0:00:03 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, May 6, 2020 12:03:12 PM 0:00:25 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, May 6, 2020 12:26:35 PM 0:00:58 ............ 4124611340 (Borough Bldg) - 4124629740 (Benton) Wednesday, May 6, 2020 12:46:26 PM 0:09:58 4124611340 (Borough Bldg) 4124629740 (Benton) Wednesday, May 6, 2020 2:10:53 PM 0:00:15 4124629740 (Benton) 4127791128 (Zang) Wednesday, May 6, 2020 2:14:27 PM 0:00:09 4124629740 (Benton) 4127791128 (Zang) Wednesday, May 6, 2020 4:08:42 PM 0:01:30 4124629740 (Benton) 4126239954 (A. Benton) Wednesday, May 6, 2020 4:47:43 PM 0:00:14 4126239954 (A. Benton) 4124629740 (Benton) ^Denotes text message a. Benton initiated contact with Zang a minimum of three times on May 6, 2020. One of the contacts lasted in excess of one minute. b. Benton initiated contact with Aaron Benton at least four times and received contact from Aaron Benton one time on May 6, 2020. At least two of the contacts lasted in excess of one minute. Benton received three calls from the Borough Administrative Office on May 6, 2020, two of which lasted in excess of one minute. 78. On May 6, 2020, Pelkey completed the May 2020 check run which resulted in creation of checks to be issued and generation of a bill list that documented Borough expenses due for payment. a. Check No. 17812 payable to AW Construction in the amount of $4,200.00 was documented on the May 6, 2020, bill list. I . Check No. 17812 was generated as part of the normally scheduled check run for May 2020 regarding payment of Borough bills. b. Council's May 2020 agenda/workshop meeting and legislative meeting were scheduled for May 11, 2020, and May 14, 2020, respectively. Benton authorized the issuance of Check No. 17812 to AW Construction prior to the Council meetings and without Council's prior knowledge or approval. 79. Aaron Benton was issued Borough General Fund Check No. 17812 on or about May 6, 2020, in the amount of $4,200.00 for payment of AW Construction Invoice Nos. 4(a) and 5 ($1,500.00 + $2,700.00 = $4,200.00). a. Aaron Benton deposited Check No. 17812 totaling $4,200.00 into his U$X FCU business account on May 8, 2020, at approximately 4:48 p.m. Benton, 20-025 Page 29 Aaron Benton's signature appears as the endorsing signature on the rear of the check. 2. The $4,200.00 deposit on May 8, 2020, composed of Check No. 17812, represented the fourth deposit in Aaron Benton's U$X FCU business account (checking and/or savings) for the 2020 calendar year. b. Aaron Benton subsequently transferred $2,000.00 from his U$X FCU business account to his U$X FCU personal savings account that same day. 80. Council held its regularly scheduled agenda/workshop meeting on May 11, 2020, in virtual format via GoTo Meeting teleconferencing. 81. During the May 11, 2020, meeting, Council Member Drew Borcik ("Borcik") motioned to authorize payment of the bill list dated May 6, 2020, in the amount of $99,32293, which included Check No. 17812 payable to AW Construction in the amount of $4,200.00. a. No second was offered due to questions about the payment to AW Construction. b. Council elected to hold the approval of the May 6, 2020, bill list until the May 14, 2020, regular meeting with payment to AW Construction to be removed from the total expenses documented. 82. On May 12"' and 13'h, 2020, Joseph G. Heminger, Esquire ("Heminger"), the then Borough Solicitor, participated in multiple telephone conversations with Benton and Zang regarding the potential reason(s) for Council's refusal to authorize payment of the May 6, 2020, bill list. a. Heminger identified at least one of Council's concerns as work performed on the exterior and interior of the Rec Center building by Benton's son (Aaron Benton), at that time as well as in the past, without prior Council approval or knowledge. b. Heminger recommended holding the $4,200.00 payment until he could research the matter and provide legal advice to the full Council. Both Benton and Zang informed Heminger that the payment/check had already been issued. Benton requested that Heminger provide Council with a legal opinion on the matter at Council's May 14, 2020, legislative meeting. 83. Zang subsequently contacted Aaron Benton on or about May 13, 2020, and she requested that he return to the Borough the last $4,200.00 received in association with the Rec Center project. Benton, 20-025 Page 30 a. Aaron Benton ultimately reimbursed the Borough on May 15, 2020, via AW Construction Check No. 597, dated May 14, 2020, in the amount of $4,200.00 from his U$X FCU business checking account. Aaron Benton provided the check to Hankins for delivery to the Borough Administrative Office. 2. AW Construction Check No. 597 was deposited into the Borough General Fund account at First Commonwealth Bank on May 15, 2020. 84. Heminger provided a legal opinion to Council at an executive session held in conjunction with the May 14, 2020, legislative meeting, which included, among other points, Heminger's conclusions and advice as follows: The $4,200.00 payment to Aaron Benton, and possibly prior payments, violated Section 1103(t) of the Ethics Act with regard to any payment made in excess of $499.99 unless the contract was awarded through an open and public process. b. The potential relevance of Section 1103(a), which provides that "No public official or public employee shall engage in conduct that constitutes a conflict of interest." 1. Heminger defined conflict of interest within his opinion as a public official using the authority of his/her office for the private pecuniary gain of himself or herself, a family member, or a business with which he/she is associated. Heminger recommended that Council authorize him to commence suit against Aaron Benton/AW Construction to declare the contract void. No motion to file suit was made at that time. 85. During the May 14, 2020, regular meeting, a motion was made by Borcik, seconded by Council Member Wanda Burwell, to approve payment of the May 6, 2020, bill list in the amount of $95,122.93 which omitted invoices from AW Construction in the amount of $4,200.00 ($99,322.93 - $4,200.00 = $95,122.93). The motion passed via 5-0 unanimous vote with Council Members Donald Dais ("Dais") and Nesby absent. 86. At the time of Council's May 14, 2020, vote to approve payment of Borough expenses, AW Construction had already received payments from the Borough General Fund totaling $22,860.00 as detailed below: Check Date Check No Payee Check Amt Signatories Disposition 03/19/2020 17742 AW Construction LLC $1,100.00 Borcik / Zang Negotiated 04/01/2020 17743 AW Construction LLC $3,810.00 Benton / Borcik Deposit USX F'CU Benton, 20-025 Page 31 Check Date Check No Payee Check Amt Signatories Disposition 04/01/2020 17744 AW Construction LLC $2,475.00 Benton / Borcik Deposit USX FCU 04/15/2020 17748 AW Construction LLC $11,275.00 Benton / Zang Deposit USX FCU 05/06/2020 17812 AW Construction LLC $4,200.00 Borcik / Zang Deposit USX FCU Total $22 860.00 Key: Benton Council Member Louise Benton Borcik Council Member Drew Borcik Zang = Borough Manager Lauren Zang a. Check Nos, 17742, 17743, 17744, and 17812, totaling $11,585.00, were never formally presented to and/or approved by Council as a whole. 1. Check Nos. 17742, 17743, and 17744 were not documented on any bill lists presented to Council for approval. 2. Check No. 17812 appeared on the original May 6, 2020, bill list but was removed prior to the May 14, 2020, approval of the bill list. b. Benton signed Check No. 17748 in the amount of $11,275.00 as an authorized signatory for the Borough. 87. On May 28, 2020, Council convened an in -person executive session at the Borough building to address questions and/or concerns surrounding the Rec Center building and the renovations performed. a. Various questions were posed during the executive session by Council Members, including the following: 1. Why the work had been completed; 2. Why Council had been unaware of the work; and 3. How the work was approved and/or awarded without a formal vote/award by Council, etc. 88. At the June 11, 2020, regular Council meeting, Council took multiple actions relating to the Rec Center renovations, payment issued to AW Construction, and Benton's service as the President of Council as follows: a. Borcik motioned, seconded by Cunningham, to ratify the telephone vote taken on April 16, 2020, approving payment of the April 15, 2020, bill list in the amount of $596,266,96 with payment to AW Construction in the amount of $11,275.00 removed from the amount initially approved ($607,541.86 — $11,275.00 $596,266.86). 1. The vote carried via 6-0-1 vote with Benton abstaining. Benton, 20-025 page 32 b. Nesby motioned, seconded by Council Member Reverend Connie Burwell, to authorize the Solicitor to commence suit on the Borough's behalf to have any contract(s) relating to work performed by AW Construction declared void. The vote carried via 4-0-3 vote with Benton, Borcik, and Council Member Wanda Burwell abstaining. C. Nesby motioned, seconded by Dais, to remove Benton as President of Council due to alleged "misappropriation of funds." 1. The vote carried 4-3-1 with Benton abstaining. aa. Borough Mayor Esper casting the tie -breaking vote. 89. After her removal as Council President, Benton made a public statement during which she asserted the following: a. Benton was aware of the work being done at the Rec Center; b. Aaron Benton was her son; and 1. Benton had publicly disclosed previously in the meeting that AW Construction was operated by her son. c. Benton did not implement the use of AW Construction or influence the situation. 90. Prior to adjourning the June 11, 2020, meeting, public discussion was held regarding the Ree Center during which the following information was presented in open session: a. Council had never met and/or determined what needed to be done at the Rec Center; b. The Borough Engineer had not been dispatched to the Rec Center to identify items to be addressed; C. The work performed at the Rec Center had not been publicly bid; and d. No inspections had been performed on electrical and plumbing work completed. 91. On June 16, 2020, Solicitor Heminger filed a Complaint in Action for Declaratory Judgement (hereafter, "Action") in the Allegheny County Court of Common Pleas on behalf of the Borough against AW Construction under No. GD 20-006865. a. The Action sought a declaration that contracts for work and services performed and materials supplied by AW Construction to the Borough over the time period of March 2020 through. May 2020 were void because they: Benton, 20-025 Page 33 1. Violated Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f); 2. Were otherwise entered into without necessary lawful authority; and 3. Involved payments out of the Borough General Fund made without lawful authority. b. The Action included multiple averments regarding the situation including, among others, those detailed below: 1. Neither the contracts nor the work performed by AW Construction nor the payments made to AW Construction from the Borough General Fund were ever authorized or approved by Council; 2. The contracts were not awarded through an open or public process and were awarded without notice or subsequent disclosure to the public of any proposals considered; 3. The contracts were entered into by persons purporting to act on behalf of the Borough who had no legal authority to enter into the contracts on behalf of the Borough or to make the payments made to AW Construction from the Borough General Fund; and 4. The payments were made to AW Construction from the Borough General Fund without legal authority to make the payments. C. No disposition has yet occurred regarding GD-006965. 92. Aaron Benton received five checks through AW Construction from the Borough General Fund totaling $18,660.00 for materials and services performed at the Rec Center spanning the time frame of March 2020 through May 2020 as detailed below: Check No. Check Date Paye Cheek Amt. Signatories Disposition 17742 03/19/2020 AW Construction $1,100,00 Borcik/Zang Negotiated 17743 04/01/2020 AW Construction $3,810.00 Benton / Borcik Deposited U$X FCU Mbr/Acct: 0001014611 / SO10 17744 04/01/2020 AW Construction $2,475.00 Benton / Borcik Deposited U$X FCU Mbr/Acct: 0001014611 / SOl O 17748 04/15/2020 AW Construction $11,275.00 Benton / Zang Deposited U$X FCU Mbr/Acct: 0001014611 / SO 1 O 17812 05/06/2020 AW Construction $4,200.00 Borcik / Zany Deposited U$X FCU Mbr/Acct: 000 10 14611 / SO10 Total $18,660.00^ ,The $18,660.00 figure accounts for Aaron Benton's reimbursement of $4,200.00 to the Borough via AW Construction Check No. 597. Benton, 20-025 Page 34 a. Aaron Benton received payment from the Borough for materials in the approximate amount of $9,700.00 and labor in the approximate amount of $9,960.00. The material and labor amounts do not include figures associated with the $4,200.00 reimbursed to the Borough. b. Benton, in her position of President of Council, signed as an authorized Borough signatory on three of five checks issued to AW Construction totaling $17,560.00. 93. Telephonic attempts and/or contact between Benton and Aaron Benton increased significantly during the approximate two -month time period that Benton formulated and initiated her plans to renovate the Rec Center and AW Construction performed renovation services in comparison with the two month period immediately prior to the planning and renovations beginning as well as the two month period after the last renovations were performed as detailed below: Date Ranee Minimum Contact Attempts January 6, 2020, through March 4, 2020 126 March 5, 2020, through May 6, 2020 245 May 7, 2020, through July 6, 2020 124 Total 495 a. Of the 495 minimum total contact attempts, the 245 contact attempts spanning the date range of March 5, 2020, through May 6, 2020, accounted for approximately 49.5% of all attempts made between January 6, 2020, and July 6, 2020. Contact attempts during the March 5, 2020, through May 6, 2020, range were approximately 94.4% higher than the contact attempts from January 6, 2020, through March 4, 2020. 2. Contact attempts during the March 5, 2020, through May 6, 2020, range were approximately 97.6% higher than the contact attempts from May 7, 2020, through July 6, 2020. 94. During the time period of January 1, 2020, through September 23, 2020, Aaron Benton deposited payments received in the name of AW Construction into AW Construction's business account at U$X FCU totaling a minimum of $19,545.00. a. Aaron Benton deposited a total of $17,560.00 in Borough funds into the business account over the noted date range. The initial $1,100.00 payment AW Construction received from the Borough was not deposited into the business account. b. Aaron Benton deposited a total of $1,985.00 into the business account from non - Borough sources over the noted date range. Benton, 20-025 Page 35 Borough funds deposited into AW Construction's business account at U$X FCU accounted for approximately 89.8% of the deposits into the account over the noted date range. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BENTON: (1) FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS WITH THE BOROUGH FOR CALENDAR YEARS 2015, 2016, AND 2017; (2) FAILED TO DISCLOSE THE BOROUGH AS A SOURCE OF INCOME ON HER STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2018 AND 2019; (3) FAILED TO DISCLOSE CLARK MEMORIAL BAPTIST CHURCH AS A SOURCE OF INCOME ON HER STATEMENT OF FINANCIAL INTERESTS FOR THE 2018 CALENDAR YEAR; AND (4) FAILED TO DISCLOSE HER EMPLOYMENT WTH CLARK MEMORIAL BAPTIST CHURCH ON HER 2018 AND 2019 CALENDAR YEAR STATEMENTS OF FINANCIAL INTERESTS 95. Statement of Financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the Ethics Act. a. Section l I04(a) reads, in part, as follows: "...Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position." b. Section 1104(d) reads as follows: "No public official shall be allowed to take the oath of office or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed a statement of financial interests as required by this chapter." 96. Benton was required to file an SFI by May I" annually for calendar years 2015 through 20t9 in her position as a Member of Council. a. Benton has served on Council continuously since January 4, 2016. 9T Information required to be disclosed on Statements of Financial Interests filed by public officials and public employees is specified in Section 1105 of the Ethics Act. a. Section 1105(a) requires, in part, that all information requested on the statement shall be provided to the best knowledge, information, and belief of the person required to file and shall be signed under oath or equivalent affirmation. b. Section 1105(b), Subsections 1-10 identify specific information to be disclosed as well as exceptions to disclosure requirements when applicable. Benton, 20-025 Page 36 Section 1105(b)(5) mandates disclosure of, in part, the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more on SFIs filed. 2. Section 1105(b)(8) mandates the disclosure of any office, directorship, or employment of any nature whatsoever in any business entity. 98. Benton received compensation from Borough funds in the amount of $125.00 (gross) monthly in her capacity as a Member of Council during calendar years 2016 and 2017. 99. Benton received income totaling at least $1,625.00 from the Borough in the 2018 calendar year for her service as a Council Member. 100. Benton received income totaling in excess of $1,300.00 through her employment with Clark Memorial Baptist Church in the 2018 calendar year. 101. Benton received income totaling at least $1,500.00 from the Borough in the 2019 calendar year for her service as a Council Member. 102. Benton was employed as a Secretary for Clark Memorial Baptist Church during the 2018 and 2019 calendar years. B. Testimony 103. Dr. Thomas Howell ("Howell") is employed as the Director of Workforce Development for the Mon Valley Initiative, which seeks to assist people with issues related to financial stability and affordable housing in the Mon Valley. a. In early 2020, Howell attended a meeting chaired by Benton during which there were discussions about holding a youth program at a Borough -owned property during the summer of 2020. 104. Michael Tunic ("Tunic") is a resident of the Borough who started a Homework Help Group to assist school students with their schoolwork. a. On or about March 5, 2020, Tunic attended a Borough meeting to see whether there was an option for his Homework Help Group to use Borough -owned property and Borough resources instead of meeting at the public library. 1. Benton chaired this meeting, during which she asked the Borough Building Code Official and Zoning Officer, Daniel Hankins, to review the suitability of the Ree Center for use by the Homework Help Group and to inform her about any work that would need to be done and how soon it could be done. 105. Daniel Hankins ("Hankins") is employed as the Borough Building Code Official and Zoning Officer. Benton, 20-025 Page 37 a. In March 2020, Hankins attended a Borough meeting during which Benton asked him if he knew what repairs would need to be made to the second floor of the Rec Center, which was being used for storage at that time, in order for it to be used as a meeting space. At the request of the Borough Manager, Lauren Zang, Hankins generated a memorandum in which he listed various repairs that would need to be made to the second floor of the Rec Center before it could be used. 106. Betty Esper ("Esper") served as the Borough Mayor at all times relevant to the instant matter. a. On or about April 6, 2020, Esper was driving past the Rec Center during the daytime when she noticed a truck parked by the Rec Center. 1. At that time, no Borough employees were supposed to be working at Borough facilities due to the COVID-19 pandemic. 2. When Esper asked a man who came out of the Ree Center what was going on, she was told that a handicap toilet was being installed. aa. The issue of renovations to the Rec Center had not been brought up at any Council meetings, and Esper was not aware that the Borough was paying a construction company to do renovations to the Rec Center. 1 When Esper returned home that day, she received a telephone call from Benton, who asked Esper if there was a problem and informed Esper that the man at the Rec Center was Benton's son. 107. Joseph G. Heminger, Esquire ("Heminger") served as the Borough Solicitor during 2020. a. At the request of Council, Heminger initiated a lawsuit on behalf of the Borough based on allegations that Borough funds had been expended on a contract without the authority of Council. 108. Lloyd Cunningham ("Cunningham") was a Member of Council at all times relevant to the instant matter. a. Cunningham testified that he was not aware of any action by Council in March or April of 2020 to authorize renovations to the second floor of the Rec Center. b. At a Council meeting held on May 11, 2020, a motion to approve the May 6, 2020, bill list that included invoices totaling $4,200.00 from AW Construction for work performed at the Rec Center failed for lack of a second due to assertions that the work performed by AW Construction had not been authorized. Benton, 20-025 Page 38 C. At a Council meeting held on May 14, 2020, Council voted to approve the May 6, 2020, bill list that no longer included the invoices totaling $4,200.00 from AW Construction for work performed at the Ree Center. d. At a Council meeting on June 11, 2020, Cunningham voted in favor of a motion to authorize the Borough Solicitor to file a lawsuit against AW Construction because the work that had been performed by AW Construction had not been discussed or approved by Council or put out for competitive bids. e. When a motion was made to remove Benton as President of Council, Cunningham voted in favor of the motion because of inconsistencies with the bill list and information that Benton was running the Ree Center project without the approval of Council. 109. Mary Nesby ("Nesby") was a Member of Council at all times relevant to the instant matter. a. Prior to March 2020, Benton had conversations with various individuals about programs that might be able to use the Rec Center. b. Council never voted to have Aaron Benton perform work at the Rec Center. C. When Council was presented with a bill list that included payment to AW Construction for work performed at the Rec Center, Nesby voted against approving the bill list because she did not know what was going on with the Rec Center. 110, Vickie Pelkey ("Pelkey") was employed as the Administrative Assistant to the Borough Manager in 2020. a. In the spring of 2020, Pelkey heard Benton say to the Borough Manager, Lauren Zang, that Benton's son was going to remodel the Rec Center. 111. Lauren Zang ("Zang") was employed as the Borough Manager at all times relevant to the instant matter. a. Sometime between January 2020 and March 2020, Benton approached Zang about plans that Benton had for the Rec Center. b. Following a meeting that Benton held with local community leaders on March 5, 2020, Zang asked Hankins to create a list of work that needed to be done to the Rec Center. C. At or around the time of the March 5, 2020, meeting, Benton provided Zang with handwritten notes that included instructions for a flier that Benton wanted to be created for a program at the Rec Center and a list of work that Benton wanted to be performed at the Rec Center. Benton, 20-025 Page 39 d. Zang testified that she did not make the decision to use Aaron Benton to perform renovations to the Rec Center and that the work was not put out for bids. e. At the time that Zang received the first invoice from AW Construction dated March 18, 2020, Council had not approved work to be done at the Roe Center. l . Even though the Borough did not give contractors down payments for work to be performed, Zang processed a down payment in the amount of $1,100,00 to AW Construction because Benton told her that Aaron Benton needed a down payment for materials for work at the Rec Center. f. Zang testified that she made handwritten notes on AW Construction invoices to document Benton's instructions to her because she was uncomfortable with the fact that procedures in place to have work done for the Borough were not being followed. 1. Zang's handwritten notes document that Benton informed Zang about Aaron Benton's need for down payments for materials and that Benton instructed Zang to have Council Vice -President Drew Borcik sign a check. to Aaron Benton to pay the balance due on one invoice. g. Zang testified that Benton instructed her not to include payments to AW Construction on bill lists presented to Council because Benton did not want Council to see the payments. 1. Zang testified that Benton asked her to withhold from Council the April 15, 2020, bill list that included a payment of $11,275.00 to AW Construction. h. Zang testified that she did not inform Council that the proper procedures were not being followed with respect to the worm at the Rec Center because she was afraid that she would lose her job. 1. Zang's employment was terminated after Borough Council was informed that a complaint had been filed in this matter, and Zang subsequently received a financial settlement from the Borough as a result of lawsuit that she filed against the Borough for wrongful termination of her employment. 112. David Gilliland ("Gilliland") is the owner of Glenn Engineering, and he serves as the Borough Engineer. a. No one from the Borough asked Gilliland to prepare any specifications for renovations to the second floor of the Rec Center in 2020. 113. Drew Borcik ("Borcik") has served as a Member of Council since 1992, and he was Vice - President of Council at all times relevant to the instant matter. Benton, 20-025 Page 40 a. Borcik learned that the Borough was paying for renovations to the Rec Center when he was asked to sign. Borough checks payable to AW Construction. 114. Jason Bricker (`Bricker") is employed as the Western Regional Director of Investigations for the Ethics Commission. a. During the course of the investigation in this matter, Bricker asked the Borough to provide him with Benton's Statements of Financial Interests for calendar years 2015 through 2019. 1. Bricker was not provided with any Statements of Financial Interests for Benton for calendar years 2015, 2016, or 2017. 2. Bricker was initially provided with two Statements of Financial Interests for Benton for calendar year 2018 and one Statement of Financial Interests for Benton for calendar year 2019. 3. Bricker was later provided with two amended Statements of Financial Interests for Benton for calendar year 2018 and one amended Statement of Financial Interests for Benton for calendar year 2019. 115. Louise Benton ("Benton") testified that she did not hire her son, Aaron Benton, to perform work at the Rec Center, and that she did not even suggest to her son that he perform work at the Ree Center. a. Benton testified that when Zang came to Benton's office at Clark Memorial Baptist Church in approximately February 2020 to talk about a Borough matter, Zang commented on how nice Benton's office looked, at which point Benton stated that Aaron Benton had remodeled the office. b. Benton testified that she did not initiate any conversations regarding Aaron Benton or AW Construction and that she did not do anything to influence anyone to hire Aaron Benton or AW Construction. C. Benton testified that during a meeting with Hankins and others in March 2020, Hankins stated that he knew a builder who could do construction work at the Rec Center if the Borough needed to have something done, at which point Benton told him that no work was needed at the time. d. Benton testified that the issue of whether construction work should be performed at the Rec Center was never brought before Council because she was still gathering information as to the potential uses of the Rec Center and had not even thought about construction work. e. Benton testified that she first learned that Aaron Benton was performing work at the Rec Center when he told her that Zang had him doing work there for the Borough. Benton, 20-025 Page 41 f. Benton testified that she never spoke with Zang about Aaron Benton needing a down payment for materials. C. Exhibits 116. ID -- I consists of: (1) a memorandum dated July 20, 2020, from Robert P. Caruso ("Caruso'), the then Executive Director of the Ethics Commission, to File, which provides that on July 20, 2020, Caruso authorized the initiation of a preliminary inquiry in this matter; and (2) a memorandum dated September 11, 2020, from Caruso to File, which provides that on September 11, 2020, Caruso authorized the initiation of a full investigation in this matter. 117. ID — IA is a letter/Notice of Investigation dated September 11, 2020, from Caruso to Benton, which outlines alleged violations of the Ethics Act and Sections of the Ethics Act involved in this case. 118. ID — 1B is a letter/Amended Notice of Investigation dated May 25, 2021, from Caruso to Benton, which amends the allegations that were previously outlined in the letter/Notice of Investigation dated September 11, 2020. 119. ID — 2 is a memorandum dated September 9, 2020, from Brian D. Jacisin ("Jacisin"), the then Deputy Executive Director/Director of Investigations for the Ethics Commission, to File, which memorializes a telephone conversation between Jacisin and Benton on July 8, 2020, with regard to questions Benton had about her conduct as a Member of Council. 120. ID --- 3 consists, in pertinent part, of an email that Zang sent to Howell on March 10, 2020, with an attached flyer from Benton containing information about a "Homestead Boro Youth & Family Center" at the Rec Center for children ages 10-18. 121. ID -- 4 is a memorandum dated March 6, 2020, from Hankins to Zang, which lists repairs to the second floor of the Rec Center that would be required to use the second floor as a separate use. 122. ID — 5 consists of an email from Hankins to AW Construction LLC dated March 31, 2020, and attached sample plans for a basic unisex ADA compliant restroom, 123. ID 6 consists of an email from Hankins to Zang dated June 2, 2020, and seven attached photographs date stamped June 2, 2020, and time stamped between 12:53 p.m. and 12:55 p.m., which depict construction work being performed in various areas of the Rec Center. 124. ID — 7 is the minutes of the May 11, 2020, meeting of Council, which state, in pertinent part, as follows: Motions Benton, 20-025 Page 42 2. A motion was made by Mr. Borcik and failed due to no Second to authorize the bill list dated May 6, 2020 in the amount of 99,322.93. Bill list was questioned by several members of council. Bill List will reappear on Thursday, May 14, 2020 agenda to be voted on at the amount of $95,122.93 with having removed the invoices from AW Construction in the amount of $4,200. ID-7. a. The minutes reflect that Benton was present for the May 11, 2020, Council meeting. 125. ID — 8 is the minutes of the May 14, 2020, meeting of Council, which state, in pertinent part, as follows. Motions 1. A motion was made by Mr. Borcik and seconded by Ms. Burwell to approve the May 6, 2020 Bill List in the amount of $95,122.93 having removed the invoices from AW Construction in the amount of $4,200. Upon a roll call vote all were in favor, motion carries. ID-8,at1. a. The minutes reflect that Benton was present for the May 14, 2020, Council meeting. 126. ID — 9 is the minutes of the June 11, 2020, meeting of Council, which provide, in pertinent part, that a motion "to authorize the Solicitor to commence suit on behalf of the Borough of Homestead to have any contract or contracts relating to work performed by AW Construction LLC declared void" passed by a vote of 6-0-1, with Benton abstaining from the vote. ID — 9, at 2. a. The meeting minutes further provide that a motion to remove Benton as President of Council due to alleged misappropriation of funds passed by a vote of 4-3, with Benton abstaining from the vote and Espy voting to break a 3-3 vote of Council. 127. ID —10 consists of five Borough checks issued from the Borough General Fund account to AW Construction on various dates as detailed below: a. Check No. 17742, dated March 19, 2020, in the amount of $1,100.00, signed by Drew Borcik and Lauren Zang (ID — 10, p. 1); b. Check No. 17743, dated April 1, 2020, in the amount of $3,810.00, signed by Louise Benton and Drew Borcik (ID — 10, p. 2); c. Check No. 17744, dated April 1, 2020, in the amount of $2,475.00, signed by Louise Benton and Drew Borcik (ID — 10, p. 3); Benton, 20-025 Page 43 d. Check No. 17748, dated April 18, 2020, in the amount of $11,275.00, signed by Louise Benton and Lauren Zang (ID — 10, p. 4); and e. Check No. 17812, dated May 6, 2020, in the amount of $4,200.00, signed by Drew Borcik and Lauren Zang (ID — 10, p. 5). 128. ID — 11 consists of the Borough Check Register for the period from March 1, 2020, to July 30, 2020, which includes the five Borough checks issued from the Borough General Fund account to AW Construction as identified in ID — 10. 129. ID — I I A is a Borough report that identifies an invoice from AW Construction LLC in the amount of $I,I 10.00 for repairs to the Rec Center as an approved invoice. 130. ID — I I is a Borough report that identifies an invoice from AW Construction LLC in the amount of $3,810.00 for repairs to the Rec Center as an approved invoice. 131. ID — I IC is a Borough report that identifies an invoice from AW Construction LLC in the amount of $2,475,00 for remodeling the Rec Center as an approved invoice. 132. ID — 1 ID is a Borough report that identifies three invoices from AW Construction LLC in the amounts of $2,475.00, $4,800.00, and $4,000.00 for work performed at the Rec Center as approved invoices. 133. ID —12 consists of copies of invoices from AW Construction LLC to the Borough for work performed as detailed below: a. An invoice dated 03/18/2020, totaling $4,910.00, for demolition, painting, drywall and ceiling work, and a dumpster (ID -- 12, pp. 1-2); b. An invoice dated 04/01/2020, totaling $4,950.00, for bathroom remodeling work (ID —12, pp. 3-4); C. An invoice dated 04/14/2020, totaling $4,800.00, for materials and labor for laying carpet (ID — 12, p. 5); d. An invoice dated 04/14/2020, totaling $4,000.00, for materials and labor for electrical work (ID — 12, p. 6); e. An invoice dated 05/06/2020, totaling $1,500.00, for materials and labor for installing two doors and two interior ramps (ID — 12, p. 7); and f. An invoice dated 05/06/2020, totaling $2,700.00, for materials and labor for installing exit signs and security cameras (ID — 12, p. 8). 134. ID — 16 consists of W-2 Wage and Tax Statements issued by the Borough that report that Benton received wages from the Borough totaling $1,614.72 in 2016, $1,614.72 in 2017, and $1,625.00 in 2018. Benton, 20-025 Page 44 135. ID —17 consists of two Statements of Financial Interests for Benton for calendar year 2018 and one Statement of Financial Interests for Benton for calendar year 2019. a. ID --17, p. 1 is a Statement of Financial Interests for Benton for calendar year 2018 that is dated 111-28-19" and lists Benton's occupation as "Church Secretary." l . Block 10, requiring disclosure of direct or indirect sources of income, and Block 13, requiring disclosure of office, directorship or employment in any business, were not completed on the Statement of Financial Interests. b. ID —17, p. 2 is a Statement of Financial Interests for Benton for calendar year 2018 that is dated "2-19-2019" and lists Benton's occupation as "Retired/Church Secretary." 1. Block 10, requiring disclosure of direct or indirect sources of incorne, and Block 13, requiring disclosure of office, directorship or employment in any business, were both marked "NONE" on the Statement of Financial Interests. C. ID —17, p. 3 is a Statement of Financial Interests for Benton for calendar year 2019 that is dated "1-10-2020" and lists Benton's occupation as "Retired & Church Secretary." 1. "Clark Memorial Church" is listed in Block 10, which requires disclosure of direct or indirect sources of income. 2. Clark Memorial Baptist Church is not listed in Block 13, which requires disclosure of office, directorship or employment in any business. 136. ID — 18 includes: (1) account opening documents from U$X Federal Credit Union for a business account for AW Construction LLC; (2) a Certificate of Organization for a Domestic Limited Liability Company filed with the Pennsylvania Department of State for AW Construction LLC, effective January 8, 2018; (3) an Operating Agreement for Member -Managed Limited Liability Company for AW Construction LLC, effective January 8, 2018, which identifies Aaron Benton as the sole Member of AW Construction LLC; and (4) monthly statements generated by U$X Federal Credit Union from January 2020 through August 2020 for a checking account and a savings account maintained by AW Construction LLC. 137. ID — 30 consists of two amended Statements of Financial Interests for Benton for calendar year 2018 and one amended Statement of Financial Interests for Benton for calendar year 2019. a. Each of the amended Statements of Financial Interests lists the Borough and Clark Memorial Baptist Church as direct or indirect sources of income. Benton, 20-025 Page 45 b. None of the amended Statements of Financial Interests list Clark Memorial Baptist Church in Block 13, which requires disclosure of office, directorship or employment in any business. III. DISCUSSION. - As a Member and President of Council for Homestead Borough ("Borough"), Allegheny County, Pennsylvania, at all times relevant to the instant matter, Respondent Louise Benton ("Benton") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. The allegations as set forth in the Investigative Complaint/Findings Report are that Benton violated Sections 1103(a), 1103(1), 1104(a), 1104(d), 1 t05(b)(5), and 1105(b)(8) of the Ethics Act: (1) When she utilized the authority of her public position for the private pecuniary benefit of herself, a member of her immediate family, and/or a business with which a member of her immediate family is associated, namely AW Construction, when she used the authority of her public office to effectuate her son and/or a business with which her son is associated to be engaged/contracted/hired by the Borough to perform construction/remodeling work on behalf of the Borough; (2) When the contract/agreement between the Borough and her son/AW Construction was in excess of $500.00 and was awarded absent an open and public process; (3) When she participated in the approval of bill lists and/or otherwise authorized issuance of payment of Borough monies to her son and/or AW Construction and served as a Borough signatory on Borough checks issued to her son and/or AW Construction; (4) When she failed to file Statements of Financial Interests ("SFIs") with the Borough for calendar years 2015, 2016, and 2017; (5) When she filed deficient SFIs by failing to disclose the Borough as a source of income upon SFIs for calendar years 2018 and 2019; (6) When she filed a deficient SFI by failing to disclose Clark Memorial Baptist Church as a source of income upon an SFI for calendar year 2018; and (7) When she filed deficient SFIs by failing to disclose her employment with Clark Memorial Baptist Church upon SFIs for calendar years 2018 and 2019. Pursuant to Section 1103(4) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. —No public official or public Benton, 20-025 Page 46 employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The following terms relevant to Section 1103(a) are defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Immediate family." A parent, spouse, child, brother or sister. "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust or any legal entity organized for profit. "Business with which he is associated." Any business in which the person or a member of the person's immediate family is a director, officer, owner, employee or has a financial interest. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest, 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. A child is a member of "immediate family" as the Ethics Act defines that term. 65 Pa.C.S. § 1102. Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting: § 1103. Restricted activities Benton, 20-025 Page 47 (t) Contract. No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. § 1103(f). The term "contract" is defined in the Ethics Act as follows: § 1102. Definitions "Contract." An agreement or arrangement for the acquisition, use or disposal by the Commonwealth or a political subdivision of consulting or other services or of supplies, materials, equipment, land or other personal or real property. The term shall not mean an agreement or arrangement between the State or political subdivision as one party and a public official or public employee as the other party, concerning his expense, reimbursement, salary, wage, retirement or other benefit, tenure or other matters in consideration of his current public employment with the Commonwealth or a political subdivision. 65 Pa.C.S. § 1102. Section 1103(f) of the Ethics Act provides in part that no public official/public employee or his spouse or child or business with which the public official/public employee or his spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with airy person who has been awarded a contract with the governmental body with which the public official/public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. Benton, 20-025 Page 48 Section 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, by May I of each year that he holds the position and the year after he leaves it. Section 1104(d) of the Ethics Act provides that no public official shall be allowed to take the oath of office, or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed an SFI as required by the Ethics Act. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office, directorship or employment in any business entity. We shall now summarize the relevant facts. The Borough is governed by a seven -Member Council and a Mayor. The Borough Mayor holds voting rights only in the event of a tie vote occurring among Council. Benton began serving as a Member of Council in 2016, and she served as President of Council from January 6, 2020, until June 11, 2020, The Borough Mayor and Council Members receive salaries for their service as public officials. The Borough Administrative Assistant is responsible for generating Borough checks to be issued as payment for bills received. Council conducts a specific vote to approve the payment of bills. With limited exceptions, Borough checks are not to be issued to pay bills prior to Council voting to approve the payment of the bills. Signature authority over the Borough General Fund account is held by the Council President, the Council Vice -President, and the Borough Manager. Borough General Fund account checks require the live signatures of any two of the three authorized signatories. The Borough Manager's signature is routinely affixed as one of the two required signatures. The Borough Manager is the chief administrative officer of the Borough. The Borough Manager generally reports to Council in the chain of command and primarily interacts with and takes direction from the Council President, The Borough Manager is responsible for supervising the purchase of materials, supplies, and equipment for which funds are provided in the Borough budget. No purchase is to be made, contract let, or obligation incurred for any item or service which exceeds the current budget appropriation without a supplemental appropriation by Council. The Borough Manager is responsible for letting contracts necessary for the operation of Borough services for amounts up to and including $4,000.00. No contract in excess of $4,000.00 is to be let except by Council. The Borough owns a property located at 21 East 9"' Avenue, Homestead, PA 15120. The property includes a two-story commercial structure commonly referred to as the Borough Benton, 20-025 Page 49 Recreation Center ("Rec Center"). For multiple years, the Borough utilized the second floor of the Rec Center for general storage and the storage of equipment. The second floor needed various repairs and renovations to bring the space up to Uniform Building Code requirements before the space on the second floor could be operated as a separate use. In recent years, informal discussions occurred during Council meetings with regard to the potential use of the second floor of the Rec Center for recreational or community activities and events. At times, discussions included the subject of renovations and improvements desired or required for the second floor. Although the potential use of the second floor was discussed on various occasions, Council took no formal action to approve the implementation of any activities at the Rec Center. Various obstacles, including identifying funding sources for required renovations to the second floor and completing the required renovations, hindered the implementation of activities at the Rec Center. In or about October 2019, Eric Ewell ("Ewell"), who is the Director of Continuing Education for the Allegheny campus of Pennsylvania State University ("Penn State"), contacted then Council President Lloyd Cunningham ("Cunningham") to assess Borough interest in partnering with Penn State for the operation of a community outreach program, known as a "Launch Box," to spur economic development and entrepreneurial opportunities in the Borough. Cunningham ultimately identified the second floor of the Rec Center to Ewell as a potential site for establishment and operation of a Launch Box. On November 25, 2019, a meeting was held between representatives of Penn State and the Borough in relation to the possible establishment of a Launch Box on the second floor of the Rec Center. Cunningham, Benton, and the Borough Manager, Lauren Zang ("Zang"), attended the meeting. After the meeting, Zang asked the Borough Building Code Official/Zoning Officer, Dan Hankins ("Hankins"), to conduct a walkthrough of the Rec Center to identify renovations required to bring the structure within existing Uniform Building Code mandates. Hankins subsequently identified multiple repairs and renovations that were needed to bring the second floor of the Rec Center up to Uniform Building Code mandates for operation as a separate use. Council Members were divided with regard to Penn State's proposed utilization of the second floor of the Rec Center, and a Launch Box ultimately was not established within the Borough. Between December 12, 2019, and February 13, 2020, Council held at least six meetings. Council took no action in relation to the Rec Center at any of the meetings. Benton subsequently arranged a meeting for March 5, 2020, at the Borough building to discuss and plan use of the second floor of the Rec Center for youth and community activities. Thomas Howell, PhD, who is the Executive Director of the Mon Valley Initiative, and Mike Tunie, who is a community advocate/representative, attended the meeting. Benton did not disclose to any Members of Council her intent to renovate the Rec Center or implement youth activities and events at the Rec Center prior to scheduling and holding the meeting, and she did not invite any Members of Council to attend the meeting. A funding proposal identified at the meeting was to account for expenses associated with the Rec Center, including renovations to the Rec Center. Hankins briefly participated in the meeting, and Benton asked him for information on the general status of the second floor of the Rec Center. Prior to exiting the meeting, Hankins suggested that the Borough contact Oak Builders to obtain an estimate for work needed for the second floor of the Rec Center. Benton, 20-025 Page 50 Following the March 5, 2020, meeting, Benton directed Zang to create a flyer detailing the types of family/community events to be implemented at the Rec Center. Zang created a flyer based on notes that Benton had taken during the meeting. After Zang asked Hankins to create a list of repairs/renovations needed to bring the Rec Center up to Uniform Building Code requirements and operate the second floor as a separate use, Hankins issued a memorandum to Zang dated March 6, 2020, in which he identified specific repairs/renovations required at the Rec Center. Benton did not provide any information regarding the March 5, 2020, Rec Center meeting or her plans for the Ree Center at Council meetings on March 9, 2020, and March 12, 2020. Aaron Warren Benton, Sr. ("Aaron Benton") is Benton's son. Aaron Benton owns and operates AW Construction LLC ("AW Construction"), which is a sole proprietorship. Aaron Benton was employed full-time with ABS Building Systems Integrators, LLC ("ABS") in 2020, and AW Construction was not a source of full-time employment or primary income for him in early 2020. ABS experienced limited operational status from March 23, 2020, through May 3, 2020, due to restrictions placed on construction by the Commonwealth in response to the COVID- 19 pandemic, and Aaron Benton was furloughed during that time period. Council took no action at any meetings to approve contracting with Aaron Benton/AW Construction for the completion of repairs and renovations to the second floor of the Rec Center. Zang testified that she did not make the decision to use Aaron Benton/AW Construction to perform renovations to the Rec Center. Vickie Pelkey ("Pelkey") was employed as the Administrative Assistant to the Borough Manager in 2020. Pelkey testified that in the spring of 2020, she heard Benton say to Zang that Benton's son was going to remodel the Rec Center. On or about March 18, 2020, Benton contacted Zang and informed her of Aaron Benton's pending submission of a quote/invoice to the Borough for renovations to be performed at the Rec Center. Although the Borough does not traditionally issue advance payment to contractors for the purchase of project materials, Benton informed Zang that Aaron Benton needed partial payment of the quote/invoice in advance to purchase materials for the renovations. AW Construction Invoice No. 1, dated March 18, 2020, in the total amount of $4,910.00 for work to be performed at the Rec Center, was submitted to the Borough Administrative Office for Zang's attention. Aaron Benton requested payment of $1,100.00 of the invoice total as an advance to purchase materials documented on the invoice. Zang memorialized her conversation with Benton by writing the following on the invoice: 311812020. Spoke to Rev. Need down payment for materials. ("Rev." refers to Benton, who is a reverend.) On March 19, 2020, Borough General Fund Check No. 17742, in the amount of $1,100.00, was issued to AW Construction. This check was cosigned by Zang and Council Vice -President Drew Borcik ("Borcik"). The Borough closed its administrative offices to the public on or about March 19, 2020, and reduced its daily operations effective March 20, 2020, in association with a COVID-19 mandate issued by Pennsylvania Governor Tom Wolf. Aaron Benton/AW Construction continued to perform renovations to the second floor of the Rec Center after March 20, 2020. On or about April 1, 2020, Aaron Benton supplied Zang with a copy of AW Construction Invoice No. I for payment of the balance due totaling $3,810.00. Aaron Benton also supplied Benton, 20-025 Page 51 Zang with AW Construction Invoice No. 2, totaling $4,950,00, in order to obtain an advance in the amount of $2,475.00 to purchase materials needed to install an ADA compliant restroom as documented on the invoice. Benton authorized the issuance of Borough General Fund checks in the amounts of $3,810.00 and $2,475.00 to AW Construction without Council's knowledge, and she cosigned these checks. Up to this point, none of the checks issued to AW Construction were included on bill lists presented to Council because the checks were not issued in the normal On April 7, 2020, Betty Esper ("Esper"), who was then serving as the Borough Mayor, saw a vehicle parked at the rear of the Rec Center while she was driving through the Borough. As Esper approached the Rec Center, Aaron Benton exited the rear door of the Rec Center. When Esper questioned Aaron Benton about his presence at the Rec Center and what was occurring there, he informed her that he and another individual were installing an ADA compliant restroom on the second floor of the Rec Center. A few minutes after Esper returned to her residence, she received a telephone call from Benton, who asked Esper about her stop at the Rec Center and informed Esper that the individual at the Rec Center was Benton's son. Esper later informed multiple Members of Council of her encounter with Aaron Benton and her discovery that Aaron Benton was performing renovations to the second floor of the Rec Center. At the time of Esper's discovery, Council had not granted approval for any individual or company to perform any renovations to the Rec Center, and Benton was the only Member of Council who was aware of the work being performed at the Rec Center by Aaron Benton/AW Construction. On or about April 14, 2020, Aaron Benton supplied Zang with a copy of AW Construction Invoice No. 2 for payment of the balance due totaling $2,475.00. Aaron Benton also supplied Zang with AW Construction Invoice No. 3, totaling $4,800.00, for carpet installation, and AW Construction Invoice No. 4, totaling $4,000,00, for electrical work. On or about April 15, 2020, Zang spoke with Benton, who authorized the issuance of payment in the total amount of $11,275.00 to Aaron Benton/AW Construction for the three invoices. Zang memorialized her conversation with Benton by writing the following on the copy of Invoice No. 2: 411.512020 — Per Rev Benton have Drew sign off on check for these invoices. Zang testified that she made handwritten notes on AW Construction invoices to document Benton's instructions to her because she was uncomfortable with the fact that procedures in place to have work done for the Borough were not being followed. Zang further testified that she did not inform Council that proper procedures were not being followed with respect to the work because she was afraid that she would lose her job. On April 15, 2020, Borough General Fund Check No. 17748, payable to AW Construction in the amount of $11,275.00, was generated as part of the regular April 2020 check run regarding payment of Borough bills. Later that day, Zang delivered the April 15, 2020, bill list and checks to Benton at the administrative office of Clark Memorial Baptist Church, where Benton was employed in a part-time administrative capacity, for Benton's review and signature. When Benton expressed concern to Zang over the information on the April 15, 2020, bill list regarding the AW Construction invoices and the amount of Check No. 17748, Zang explained to her that the system captures information from invoices entered and corresponding checks created which is then memorialized in an automatically generated bill list. Benton signed Borough General Fund Check No. 17748 as an authorized Borough signatory. Benton later asked Zang to withhold the April 15, 2020, bill list from Council. Benton, 20-025 Page 52 On or about May 6, 2020, Aaron Benton supplied Zang with an invoice in the total amount of $1,500.00 for work related to the installation of doors and ramps at the Rec Center. Aaron Benton also supplied Zang with an invoice in the total amount of $2,700.00 for work related to the installation of exit signs and security cameras at the Rec Center. Zang spoke with Benton, who authorized the issuance of payment to Aaron Benton/AW Construction in the total amount of $4,200.00 for the invoices submitted. Borough General Fund Check No. 17812, in the amount of $4,200.00, was subsequently issued to AW Construction. During a Council meeting held on May 11, 2020, Borcik motioned to authorize payment of the bill list dated May 6, 2020, which included Borough General Fund Check No. 17812 payable to AW Construction. This was the first meeting where Council was presented with a bill list that included a payment to AW Construction, and no second to the motion was offered due to questions about the payment to AW Construction. Council then elected to hold the approval of the May 6, 2020, bill list until the next Council meeting on May 14, 2020, with the payment to AW Construction to be removed from the total expenses documented. On May 12 and May 13, 2020, the Borough Solicitor, Joseph G. Heminger, Esquire ("Heminger"), participated in multiple telephone conversations with Benton and Zang regarding potential reasons for Council's refusal to authorize payment of the May 6, 2020, bill list. Heminger identified Aaron Benton's performance of work on the Rec Center without prior Council approval or knowledge as one of Council's concerns. When Heminger recommended holding the $4,200.00 payment until he could research the matter and provide legal advice to the full Council, Benton and Zang informed him that the check had already been issued. Benton requested that Heminger provide Council with a legal opinion on the matter at Council's May 14, 2020, meeting. Aaron Benton subsequently reimbursed the Borough the amount of $4,200.00 after Zang contacted him and asked him to return to the Borough the last payment issued in association with the Rec Center proj ect. At Council's May 14, 2020, meeting, Heminger provided a legal opinion to Council which included his conclusion that the $4,200.00 payment to Aaron Benton, and possibly prior payments, violated Section 1103(o of the Ethics Act unless the contract with Aaron Benton/AW Construction was awarded through an open and public process. Heminger recommended that Council authorize him to commence suit against Aaron Benton/AW Construction to declare the contract void. No motion to file suit was made at that time. During the meeting, Council voted unanimously to approve payment of the May 6, 2020, bill list which now omitted the $4,200.00 payment to AW Construction. During a Council meeting on June 11, 2020, Council voted to authorize Heminger to commence suit on the Borough's behalf to have any contracts relating to work performed by AW Construction declared void. Benton abstained from this vote. A motion to remove Benton as President of Council due to alleged "misappropriation of funds" passed by a vote of 4-3-1, with Benton abstaining and Borough Mayor Esper voting to break a 3-3 vote of Council. After her removal as Council President, Benton made a public statement during which she asserted that Aaron Benton was her son, that she was aware of the work being done at the Rec Center, and that she had not implemented the use of AW Construction. Benton, 20-025 Page 53 On June 16, 2020, Heminger filed a Complaint in Action for Declaratory Judgement ("Action") in the Allegheny County Court of Common Pleas on behalf of the Borough against AW Construction. The Action sought a declaration that contracts for work and services performed by AW Construction for the Borough from March 2020 through May 2020 were void because they violated Section 1103(f) of the Ethics Act, were otherwise entered into without necessary lawful authority, and involved payments out of the Borough General Fund made without lawful authority. Aaron Benton, through AW Construction, ultimately received five checks totaling $18,660.00 from the Borough General Fund for materials and services related to work performed at the Rec Center from March 2020 through May 2020. Of the five checks issued to AW Construction, Benton, as President of Council and an authorized Borough signatory, signed three checks that totaled $17,560.00. In her testimony, Benton denied that she hired Aaron Benton to perform work at the Rec Center, and she claimed that she did not even suggest to him that he perform work at the Rec Center. Benton testified that when Zang came to Benton's office at Clark Memorial Baptist Church in approximately February 2020 to talk about a Borough matter, Zang commented on how nice Benton's office looked, at which point Benton stated that Aaron Benton had remodeled the office. Benton further testified that during the meeting with Hankins and others in March 2020, Hankins stated that he knew a builder who could do construction work at the Rec Center if the Borough needed to have something done, at which point Benton told him that no work was needed at the time. Benton claimed that the issue of whether construction work should be performed at the Rec Center was never brought before Council because she was still gathering information as to the potential uses of the Rec Center and had not even thought about construction work. Benton testified that she did not initiate any conversations regarding Aaron Benton or AW Construction and that she did not do anything to influence anyone to hire Aaron Benton or AW Construction. Benton claimed that she first learned that Aaron Benton was performing work at the Rec Center when he told her that Zang had him doing work there for the Borough. Benton testified that she never spoke with Zang about Aaron Benton needing a down payment for materials. Benton's testimony that she did not hire Aaron Benton to perform work at the Rec Center was not credible, whereas Zang's testimony that she did not hire Aaron Benton to perform work at the Rec Center was credible. It is clear from the evidence of record that as of March 5, 2020, Benton had plans for a community program that would be held at the Rec Center. However, the second floor of the Rec Center needed renovations before it could be used for that purpose. Accordingly, Benton had a reason to hire a contractor to do the renovations. Zang had no reason to hire a contractor to do the renovations because Council had taken no action to authorize the completion of any renovations to the second floor of the Rec Center. Furthermore, it is difficult to conceive that Zang would have jeopardized her Borough employment by hiring a contractor to do work at the Rec Center without Council's approval or authorization when there would have been no benefit to her, financially or otherwise, by doing so. Additionally, it bears noting that Aaron Benton was hired to do work at the Rec Center at or about the same time that he was furloughed from his employment due to COVID-19 pandemic restrictions. Simply put, Benton was the only person who had a motivation to hire any contractor, much less her own son, to do work at the Rec Center without the approval or authorization of Council. Zang's testimony that she did not hire Aaron Benton to do work at the Rec Center is bolstered by Pelkey's credible testimony that Pelkey heard Benton say to Zang that Benton's son was going to remodel the Rec Center. Benton, 20-025 Page 54 Regarding Benton's SFIs As a Member of Council, Benton was required to file SFIs for calendar years 2015 through 2019. During the course of the investigation in this matter, Jason Bricker (`Bricker"), the Western Regional Director of Investigations for the Ethics Commission, asked the Borough to provide him with Benton's SFIs for calendar years 2015 through 2019. Bricker was not provided with any SFIs for Benton for calendar years 2015, 2016, or 2017. Bricker was provided with multiple SFIs/amended SFIs for Benton for calendar years 2018 and 2019. During calendar years 2018 and 2019, Benton received income in excess of $1,300 from the Borough each calendar year for her service as a Council Member. During those same calendar years, Benton received income in excess of $1,300 from Clark Memorial Baptist Church each calendar year due to her employment as a secretary for Clark Memorial Baptist Church. Benton initially filed two SFIs for calendar year 2018 — one dated "1-28-19," and the other dated "2-19-2019." Neither SFI disclosed any direct or indirect sources of income in excess of $1,300. Neither SFI disclosed Benton's employment with Clark Memorial Baptist Church. Instead, the appropriate blocks on the SFI forms were either not completed or marked "NONE." Benton initially filed one SFI for calendar year 2019, dated "1-10-2020." This SFI disclosed Clark Memorial Baptist Church as a direct or indirect source of income in excess of $1,300. This SFI did not disclose the Borough as a direct or indirect source of income in excess of $1,300 nor disclose Benton's employment with Clark Memorial Baptist Church. Benton subsequently filed two amended SFIs for calendar year 2018 and an amended SFI for calendar year 2019. Each of the various amended SFIs disclosed the Borough and Clark Memorial Baptist Church as direct or indirect sources of income in excess of $1,300. None of the various amended SFIs disclosed Benton's employment with Clark Memorial Baptist Church. Following the hearing in this matter, the Investigative Division filed a Closing Statement and Brief in support of its position. Benton did not file a closing statement or brief. In its Closing Statement and Brief, the Investigative Division asserts that: + Benton used her position as Council President to engineer the hiring of Aaron Benton, without the knowledge of Council, to renovate the second floor of the Rec Center; • Benton was the only person who had a reason to hire Aaron Benton, and her testimony that she had nothing to do with hiring him is not credible; • Benton used the fear of unemployment against Zang to direct Zang to pay Aaron Benton for work performed at the Rec Center; • To the extent that Benton alleges that Zang concocted a scheme to hire Aaron Benton and attempt to hide payments to him from Council, Zang would not have realized any benefit from doing so; Benton, 20-025 Page 55 • Benton violated Section 1103(a) of the Ethics Act when she orchestrated the hiring of Aaron Benton and directed that payments be made to him/AW Construction; Although Benton was not technically a party to the contract between her son and the Borough, she should be considered to be a party to the contract in her capacity as President of Council because she alone entered into the contract on behalf of the Borough, and as such, the Commission should find that a violation of Section 1103(f) of the Ethics Act occurred when the contract was entered into without an open and public process; Benton violated Section 1104(a) of the Ethics Act when she failed to file SFIs for calendar years 2015, 2016, and 2017 with the Borough, and she violated Sections 1105(b)(5) and 1105(b)(8) of the Ethics Act when she filed deficient SFIs for calendar years 2018 and 2019 with the Borough; This Commission should order Benton to disgorge the compensation she received as a Council Member during those years in which she did not file an SFI pursuant to Section 1104 of the Ethics Act; and Pursuant to Section 1107(15) of the Ethics Act, this Commission should refer this matter to the appropriate law enforcement officials for criminal prosecution. Having summarized the relevant facts and the arguments of the Investigative Division, we must now determine whether the actions of Benton violated Sections 1103(a), 1103(f), 1104(a), 1104(d), 1105(b)(5), or 1105(b)(8) of the Ethics Act. As we apply the facts to the allegations, due process requires that we not depart from the allegations. Pennsy v. Department of State, 594 A.2d 845 (Pa. Cmwlth. 1991). A violation of the Ethics Act must be based upon clear and convincing proof. 65 Pa.C.S. § 1108(g). Clear and convincing proof is "so `clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue."' In Re: Charles E.D.M., 550 Pa. 595, 601, 708 A.2d 88, 91 (1998) (Citation omitted). Per the Pennsylvania Supreme Court's decision in Kistler v. State Ethics Commission, 610 Pa. 516, 22 A.3d 223 (2011), in order to violate Section 1103(a) of the Ethics Act, a public official/public employee: ... must act in such a way as to put his [office/public position] to the purpose of obtaining for himself a private pecuniary benefit. Such directed action implies awareness on the part of the [public official/public employee] of the potential pecuniary benefit as well as the motivation to obtain that benefit for himself. Kistler, supra, 610 Pa. at 523, 22 A.3d at 227. To violate Section 1103(a) of the Ethics Act, a public official/public employee "must be consciously aware of a private pecuniary benefit for himself, his family, or his business, and then must take action in the form of one or more specific steps to attain that benefit." Id., 610 Pa. at 528, 22 A.3d at 231. Benton, 20-025 Page 56 In considering the first allegation, it is clear that Benton used the authority of her office as a Member and President of Council when she hired her son, Aaron Benton, to perform renovations to the Rec Center without the knowledge or approval of Council. As a result of Benton's use of her public position to hire Aaron Benton, the Borough ultimately paid Aaron Benton's construction company, AW Construction, a total of $18,660.00 for work performed at the Rec Center. Based upon the above, we hold that Benton violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she utilized the authority of her public position for the private pecuniary benefit of a member of her immediate family — her son — and/or a business with which her son is associated, namely AW Construction, when she caused the Borough to engage/hire/contract with her son and/or AW Construction to perform construction/remodeling work on behalf of the Borough. The second allegation is that Benton violated Section 1103(t) of the Ethics Act when the contract/agreement between the Borough and her son and/or AW Construction was in excess of $500.00 and was awarded absent an open and public process. In Bixler v. State Ethics Commission, 847 A.2d 785 (Pa. Cmwlth. 2004), the Commonwealth Court of Pennsylvania held that a township supervisor did not violate Section 1103(f) of the Ethics Act when a business that employed him entered into a contract in excess of $500.00 with his township without an open and public process, but the supervisor himself was neither a party to the contract nor a principal of the contracting business. The Court determined that Section 1103(t) of the Ethics Act prohibited the conduct of entering into the contract under such circumstances. The Court concluded that although a violation of Section 1103(f) of the Ethics Act would be established under such circumstances, it would not be the public official who would be in violation of the law. Id. See also, Means, Opinion 04-007. In the instant matter, although a contract valued at $500.00 or more was entered into between the Borough and Aaron Benton and/or AW Construction without an open and public process, Benton was neither a party to the contract nor a principal of the contracting business. Therefore, we hold that Benton did not violate Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when the contract/agreement between the Borough and her son and/or AW Construction was in excess of $500.00 and was awarded absent an open and public process, in that Benton was neither a party to the contract nor a principal of the contracting business. The third allegation is that Benton violated Section 1103(a) of the Ethics Act when she participated in the approval of bill lists and/or otherwise authorized issuance of payment of Borough monies to her son and/or AW Construction and served as a Borough signatory on Borough checks issued to her son and/or AW Construction. Although the evidence of record does not reflect that Benton participated in the approval of bill lists that included payment of Borough monies to her son and/or AW Construction, the evidence of record establishes that Benton used the authority of her public position for the private pecuniary benefit of her son and/or AW Construction; (1) when, on or about April 1, 2020, she spoke with Zang and authorized the issuance of checks in the amounts of $3,810.00 and $2,475.00 to Aaron Benton/AW Construction as payment for the balance of one invoice and partial payment Benton, 20-025 Page 57 of another invoice; (2) when, on April 15, 2020, she spoke with Zang and authorized the issuance of payment in the total amount of $11,275.00 to Aaron Benton/AW Construction for three invoices; (3) when, on or about May 6, 2020, she spoke with Zang and authorized the issuance of payment in the total amount of $4,200.00 to Aaron Benton/AW Construction for two invoices; and (4) when she signed, as an authorized Borough signatory, three checks totaling $17,560.00 that were issued to AW Construction. With each element of a violation of Section 1103(a) established, we hold that Benton violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she authorized issuance of payment of Borough monies to her son and/or AW Construction and served as a Borough signatory on Borough checks issued to her son and/or AW Construction. Finally, with regard to Benton's SFIs, although SFIs for calendar years 2015 through 2019 were requested from the Borough during the course of the investigation in this matter, no SFIs for Benton for calendar years 2015, 2016, or 2017 were provided by the Borough. With regard to Benton's SFIs for calendar years 2018 and 2019, it is clear that those SFIs were deficient. Accordingly, we hold that Benton violated Section I i 04(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to file SFIs for calendar years 2015, 2016, and 2017 with the Borough. We further hold that Benton violated Sections 1105(b)(5) and. 1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(8), when she filed deficient SFIs by: (1) failing to disclose Clark Memorial Baptist Church as a source of income on an SFI for calendar year 2018; (2) failing to disclose the Borough as a source of income on SFIs for calendar years 2018 and 2019; and (3) failing to disclose her employment with Clark Memorial Baptist Church on SFIs for calendar years 2018 and 2019. We additionally hold that to the extent Benton received compensation from the Borough when she did not have complete and accurate SFIs on file with the Borough, such compensation was received in contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). Pursuant to Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109(f), we shall levy five maximum civil penalties against Benton in the amount of $250.00 each, for a total amount of $1,250.00, for Benton's delinquent SFIs for calendar years 2015, 2016, and 2017 and deficient SFIs for calendar years 2018 and 2019. We shall not require disgorgement of the Council Member compensation Benton received for years in which she did not have complete and accurate SFIs on file with the Borough. Benton shall be ordered to make payment of the aforesaid civil penalties in the total amount of $1,250.00 by no later than the thirtieth (30"') day after the mailing date of this adjudication and Order, by forwarding to this Commission a certified check or money order in the amount of $1,250.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. Benton is directed to not accept any reimbursement, compensation, or other payment from the Borough representing a full or partial reimbursement of the aforesaid civil penalties. Benton shall be ordered to file complete and accurate SFIs for calendar years 2015, 2016, and 2017 and complete and accurate amended SFIs for calendar years 2018 and 2019 with the Benton, 20-025 Page 58 Borough, through this Commission, by no later than the thirtieth (30111) day after the mailing date of this adjudication and Order. Non-compliance will result in the institution of an order enforcement action. Turning to the matter of referral, although Benton's conduct in this matter was a clear violation of the public trust, we do not find her conduct to be so egregious as to warrant referral of this matter to law enforcement authorities for review. IV. CONCLUSIONS OF LAW: As a Member and President of Council for Homestead Borough ("Borough"), Allegheny County, Pennsylvania, at all times relevant to the instant platter, Respondent Louise Benton ("Benton") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et SeMC . 2. Benton violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she utilized the authority of her public position for the private pecuniary benefit of a member of her immediate family — her son — and/or a business with which her son is associated, namely AW Construction, when she caused the Borough to engage/hire/contract with her son and/or AW Construction to perform construction/remodeling work on behalf of the Borough. 3. Benton did not violate Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when the contract/agreement between the Borough and her son and/or AW Construction was in excess of $500.00 and was awarded absent an open and public process, in that Benton was neither a party to the contract nor a principal of the contracting business. 4. Benton violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she authorized issuance of payment of Borough monies to her son and/or AW Construction and served as a Borough signatory on Borough checks issued to her son and/or AW Construction. 5. Benton violated Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when she failed to file Statements of Financial Interests for calendar years 2015, 2016, and 2017 with the Borough. Benton violated Sections 1105(b)(5) and 1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(8), when she filed deficient Statements of Financial Interests by: (a) failing to disclose Clark Memorial Baptist Church as a source of income on a Statement of Financial Interests for calendar year 2018; (b) failing to disclose the Borough as a source of income on Statements of Financial Interests for calendar years 2018 and 2019; and (c) failing to disclose her employment with Clark Memorial Baptist Church on Statements of Financial Interests for calendar years 2018 and 20t9. 7. To the extent Benton received compensation from the Borough when she did not have complete and accurate Statements of Financial Interests on file with the Borough, such Benton, 20-025 Page 59 compensation was received in contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). Notice of the delinquency of Benton's Statements of Financial Interests for calendar years 2015, 2016, and 2017 and of the deficiency of her Statements of Financial Interests for calendar years 2018 and 2019 was previously served upon her in accordance with Section 1107(5) of the Ethics Act, 65 Pa.C.S. § 1107(5). 9. Based upon the totality of the circumstances in this case, five maximum civil penalties in the total amount of $1,250,00 are warranted. In Re: Louise Benton, File Docket: 20-025 Respondent Date Decided: 9/14/22 Date Mailed: 9/21/22 ORDER NO. 1812 1. Louise Benton ("Benton"), as a Member and President of Council for Homestead Borough ("Borough"), Allegheny County, Pennsylvania, violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), when she utilized the authority of her public position for the private pecuniary benefit of a member of her immediate family — her son -- and/or a business with which her son is associated, namely AW Construction, when she caused the Borough to engage/hire/contract with her son and/or AW Construction to perform construction/remodeling work on behalf of the Borough. 2. Benton did not violate Section 1103(f) of the Ethics Act, 65 Pa.C.S. § I I03(f), when the contract/agreement between the Borough and her son and/or AW Construction was in excess of $500.00 and was awarded absent an open and public process, in that Benton was neither a party to the contract nor a principal of the contracting business. 3. Benton violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she authorized issuance of payment of Borough monies to her son and/or AW Construction and served as a Borough signatory on Borough checks issued to her son and/or AW Construction. 4. Benton violated Section 1104(a) of the Ethics Act, 65 Pa.C.S. § I I04(a), when she failed to file Statements of Financial Interests for calendar years 2015, 2016, and 2017 with the Borough. Benton violated Sections 1105(b)(5) and 1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), 1105(b)(8), when she fled deficient Statements of Financial Interests by: (a) failing to disclose Clark Memorial Baptist Church as a source of income on a Statement of Financial Interests for calendar year 2018; (b) failing to disclose the Borough as a source of income on Statements of Financial Interests for calendar years 2018 and 2019; and (c) failing to disclose her employment with Clark Memorial Baptist Church on Statements of Financial Interests for calendar years 2018 and 2019. 6. To the extent Benton received compensation from the Borough when she did not have complete and accurate Statements of Financial Interests on file with the Borough, such compensation was received in contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). 7. We hereby levy five maximum civil penalties against Benton in the amount of $250.00 each, for a total amount of $1,250.00, for Benton's delinquent Statements of Financial Benton, 20-025 Page 61 Interests for calendar years 2015, 2016, and 2017 and deficient Statements of Financial Interests for calendar years 2017 and 2018). 8. Benton is ordered to make payment of the aforesaid civil penalties in the total amount of $1,250.00 by no later than the thirtieth (30'h) day after the mailing date of this Order, by forwarding to this Commission a certified check or money order in the amount of $1,250.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury. 9. Benton is directed to not accept any reimbursement, compensation, or other payment from the Borough representing a full or partial reimbursement of the aforesaid civil penalties. 10. Benton is ordered to file complete and accurate Statements of Financial Interests for calendar years 2015, 2016, and 2017 and complete and accurate amended Statements of Financial Interests for calendar years 2018 and 2019 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30'h) day after the mailing date of this Order. 11. Noncompliance with Paragraph 7, 8, 9, or 10 of this Order will result in the initiation of an appropriate enforcement action. BY THE COMMISSION, R. Cor{tgan, Acting Chair