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HomeMy WebLinkAbout1462 KlitschIn Re: Joanne Klitsch, Respondent File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Raquel K. Bergen Nicholas A. Colafella 06 -037 Order No. 1462 4/28/08 5/15/08 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation 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 requested. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. This adjudication of the State Ethics Commission is issued under the Ethics Act and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with the Ethics Act. Any person who violates such confidentiality commits a misdemeanor and, upon conviction, may be subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Klitsch, 06 -037 Page 2 I. ALLEGATIONS: That Joanne Klitsch, a public official /public employee in her capacity as a Member of the Council of Jim Thorpe Borough, Carbon County, violated Sections 1103(a) and 1104(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § §1103(a) and 1104(a), when she used the authority of her public position to authorize employment for herself and members of her immediate family for positions at the Borough social hall to provide bartending and maintenance services; and when she failed to file Statements of Financial Interests for the 2001, 2002, 2003, 2004, and 2005 calendar years. II. FINDINGS: 1. Joanne Klitsch has served as a Council Member for Jim Thorpe Borough, Carbon County, since August 12, 1999. a. Klitsch was appointed to the position on Jim Thorpe Borough Council on August 12, 1999, to fill a vacant position left by former council member Bruce Shanfelt. b. Klitsch has served on various borough committees during her tenure, including the Public Service Committee, the Sewer and Sanitation Committee, and the Water Committee. 2. Professionally, Klitsch operates a Hair Salon out of her residence in Jim Thorpe Borough. a. Klitsch maintains a cosmetologist license through the Pennsylvania Department of State. b. Cosmetologist license number C0101931 L was issued to Klitsch and last renewed December 7, 2006. 3. Jim Thorpe Borough is governed by a seven - member council and mayor. a. The borough holds one legislative meeting each month on the second Thursday of every month, and special meetings as necessary. b. Council members receive $115 (gross) monthly ($1380 annually) as payment for their service. 4. Official action taken by Jim Thorpe Borough Council occurs by a roll call vote. a. All abstentions and objections which occur are specifically noted in the minutes. b. The mayor votes only in the case of a tie -vote of council. 5. Memorial Park Hall is a borough owned facility located in the Borough. a. Memorial Park Hall is used by Borough Council for meetings and borough fundraisers. b. Revenue generated by the hall is used to cover the hall's expenses and employee payroll. c. Borough funds are used to cover any additional expenses or capital improvements needed at the hall. Klitsch, 06 -037 Page 3 6. Memorial Park Hall's facilities can be rented by the general public for events including parties, wedding receptions and other events. a. Memorial Park's Reception Hall is rented on a regular basis for wedding receptions, reunions, dances, and other large social gatherings. b. Memorial Hall has additional event facilities including a beer garden, indoor skating rink, and outdoor pavilion. c. The reception hall is rented for an initial six (6) hour period, the cost of which is factored into the meal per person cost. 1. The initial cost of the hall rental is worked into the total cost of the event. 2. Additional time can be purchased for $300 per hour. 7 Memorial Hall offers several services that can be provided in conjunction with the basic rental of the facility. a. Renters can purchase the following items in connection with their rental of the facility: 1. Catered Meals 2. Hors D'oeuvres 3. Desserts 4. Alcohol Fountains b. The following services are provided by the hall at an additional cost. 1. Table Settings 2. Wait Staff 3. Bartenders 8. Prior to 1996, Memorial Park Hall was managed by a Park Commission, made up of volunteers from the community. a. Park Commissioners were appointed by Borough Council to make decisions on how the facility should be run. b. Borough Council appointed one Council member to serve on the Park Commission. c. Park Commissioners did not receive any compensation for their duties. 9. Klitsch has served as a member of the Park Commission since approximately 1992. 1. Klitsch was appointed to the Park Commission prior to serving on council. 2. Klitsch purports that on matters dealing with the Memorial Park Hall Klitsch, 06 -037 Page 4 and the Park Commission and Borough Council, Klitsch dealt with the Chairman of the Parks Commission on issues concerning Memorial Park Hall. 10. In 1996, Borough Council appointed a Park Director to assist the Park Commission in running the daily operations of the Hall. a. The position of Park Director was created so that Borough Council could more closely monitor the decisions of the Commission. b. The Park Director was a full -time, borough paid position. c. Duties of the Park Director included, but were not limited to: 1. Booking events at the reception hall and other Hall facilities. 2. Hiring and supervising Hall wait staff. 3. Directing and supervising Hall maintenance staff. 4. Generating financial reports on revenue, expenses, and payroll. 5. Acting as liaison between Borough Council and Park Commission. d. Kathy Kulpachek was hired to the position of Park Director, and served until approximately 1999. 11. On or around 1999, Borough Council Member John Dugan was offered the position of Park's Director by the Jim Thorpe Borough Council. a. Dugan was serving as a member of Borough Council when he was offered the Park's Director Position. b. Dugan was required to resign from council prior to accepting the paid Park's Director position because he was prohibited, pursuant to the Borough Code, from simultaneously serving as a council member and borough employee. 12. In approximately 2000, Klitsch began to assist the Park's Director in his managing of Memorial Park Hall. a. Klitsch was simultaneously serving as a council member when she began assisting Dugan. b. Klitsch assisted the Director on a voluntary basis. c. Klitsch assisted in organizing and running events held at the hall. d. Klitsch assisted in the setting up and cleaning up of the facility. e. Klitsch provided bartending services at events held at the hall. 1. A voluntary tip jar was on the bar during events where bartending services were provided. 13. Renters of the reception hall were required to sign a rental contract outlining the amenities and services desired. Klitsch, 06 -037 Page 5 a. Hall rental contracts were negotiated by the Park Director. 14. Park Director John Dugan assisted hall renters with the selection of services to be provided. a. Dugan collected a deposit for the rental of the hall. b. Wait staff and table setting costs were included in the total hall rental cost based on a predetermined cost per guest /place setting. 15. The Memorial Hall does not have a liquor license which would enable [it] to provide alcohol. a. Alcohol served at the events held at the hall needs to be purchased and /or supplied by the hall renter. b. Park Commissioners have volunteered to bartend the events. 1. Bartenders were not paid by Memorial Hall or the borough for their services. 2. Bartenders were permitted to receive tips from a tip jar on the bar. c. Klitsch collected tips when providing bartending services. 16. The Memorial Hall did not maintain records of tips collected during events when bartender(s) worked. a. Tips were divided among the bartenders. 17. Sometime between February 21, 2002, and April of 2002, John Dugan resigned as the Park Director. 18. Jim Thorpe Borough Council did not advertise or solicit applications for the position of Park/Hall Director to replace Dugan. 19. Jim Thorpe Borough Council discussed having Klitsch replace Dugan as Park Director during a council executive session held as part of Council's February 21, 2002, meeting. a. Klitsch was present and participated in this discussion. b. During the executive session a consensus was reached by council to authorize Klitsch to run Memorial Park Hall. c. No formal action was taken by council to appoint Klitsch to the position during the public portion of the meeting. d. Klitsch volunteered for the position at the meeting. 20. Members of council advised Klitsch that she was prohibited from receiving any compensation from the Hall, due to her position on council. a. Klitsch's receipt of tip money from bartending services was not discussed. b. The decision to allow Klitsch to run the facility followed the resignation of Park Director, John Dugan. Klitsch, 06 -037 Page 6 21. In her position as hall operator with Memorial Park Hall, Klitsch is primarily responsible for acting as the booking agent for events. a. Klitsch's duties as hall booking agent [were] the same as those previously performed by the Park's Director John Dugan. b. Klitsch acts as the Hall's point of contact for customers, staff and vendors. 1. Customers, vendors and staff are provided with Klitsch's home phone number. c. Klitsch supervises Hall staff, and approves event payroll. 22. Klitsch, in her position as Hall Director, provides prospective customers with a packet that includes a hall rental contract, and a document listing the terms and conditions of renting the facility. a. Klitsch meets with the prospective customers and assists them in selecting the meal and additional amenities for the event. b. Klitsch has the prospective customers sign a hall rental contract, which outlines the costs of the event. 1. Klitsch informs the parties that bartenders for the event are paid a separate fee, not included in the contract. 2. After signing the contract, Klitsch collects a hall rental deposit from the party. 23. The terms and conditions of the hall rental contract include the following: 1. Rental Time Period- The timing of the affair or event is up to six (6) hours. An additional hour may be added for an additional fee. 2. Payment of Balance Due- One -half (1/2) of the balance due on the total cost is payable thirty (30) days prior to the event; and the remaining balance due is payable in full on the day before the event. Checks should be made payable to Memorial Park. 3. Bartenders- All bartenders will be provided by Memorial Hall, but paid for by the renting party. It is the responsibility of the rental party to supply all alcoholic and non - alcoholic beverages. 24. Hall rental deposits and event balance payments are collected by Klitsch and turned over to the hall's Treasurer. a. Klitsch instructs hall renters to make rental deposits and balance payments out to "Memorial Park Hall." b. Klitsch turns the payments over to the Treasurer to deposit into the hall's account. c. Memorial Hall maintains a bank account with Mauch Chunk Trust Co. 1. Klitsch does not have signature authority on that account. Event Date Event Renting Party Klitsch Bartended Fees Paid Tips 5/15/2004 Wedding Josephine Zimmerman Yes $100- $150 Yes 6/5/2004 Wedding Michael J. Samok Klitsch and Husband Unknown Cash Unknown 7/10/2004 Wedding Louis E. Sommers Yes Unknown Cash Unknown 8/13/2004 Wedding Michael L. Alabovitz Klitsch and Husband Unknown Yes 8/14/2004 Wedding Ronald S. Yuricheck Klitsch and Husband Unknown Yes Klitsch, 06 -037 Page 7 25. Groups renting the facility are notified by Klitsch of a $50 -$75 fee for the cost of a bartender for an event. a. Per the terms and conditions, the bartender is supplied by the Hall. b. Klitsch informed renters that she is responsible for obtaining the bartenders. c. Hall renters have not been provided options as to the selection of bartenders. d. Klitsch requested that the bartenders be paid separately in the form of cash or check on the night of the event. 1. Memorial Hall payroll records do not include any compensation ever being paid to bartenders. 2. No known record exists of Klitsch depositing bartending fees charged or tips received into the Memorial Hall account. e. No records exist of the person(s) providing bartending services at specific events. 26. After volunteering to run the hall, Klitsch provided bartending services at events held at Memorial Park Hall. a. Klitsch was solely responsible for obtaining bartenders for Hall events. b. Thomas Klitsch, Joanne Klitsch's husband, regularly assisted Klitsch in bartending events. c. No known documents exist regarding who bartended at each event. d. Klitsch did occasionally use the services of other individuals to provide bartending services. 27. From March 2002, through December 2006, Klitsch and her husband provided bartending services at parties /events held at the borough Memorial Hall. a. No known records were maintained to determine the exact number of events that Klitsch and her husband bartended. b. At each event, Klitsch solicited and accepted payments of a $50 or $75 fee per bartender, for her and her husband's services. c. Klitsch received additional compensation in the form of tips that were collected during some of the events in a tip jar on the bar. 28. The following parties paid Klitsch, and in some instances, her husband, for bartending events: 10/30/2004 Wedding John J. Porter Klitsch and Husband Unknown Unknown 4/1/2005 Wedding Christine Meinhart Klitsch and Husband $50- $75 Cash Yes 4/30/2005 Wedding Louis E. Sommers Yes Unknown Cash Unknown 5/7/2005 Wedding Gregory J. Matyascik Klitsch and Husband $75 -$150 Check Yes 5/28/2005 Reunion Lansford Alumni Yes $150 Check Yes 5/29/2005 Banquet Carbon County Hall of Fame Yes No Yes 6/18/2005 Wedding Charles W. Snyder Klitsch and Husband $100- $150 Check Unknown 6/25/2005 Wedding Michael Lusch Klitsch and Husband Unknown Cash Yes 7/23/2005 Wedding Justin Wehr Husband $150.00 Cash Yes 7/30/2005 Wedding Sarah Lavender Klitsch and Husband $50- $75 Cash Yes 8/27/2005 Wedding Richard Murlo Klitsch and Husband Unknown Yes 9/17/2005 Wedding Paul T. Kocher Klitsch and Husband $150 Check Yes 9/24/2005 Wedding Leonard W. Miller Klitsch and Husband $150 Check Yes 10/1/2005 Wedding Ruth A Dottery Yes $150 Check Unknown 10/15/2005 Wedding Rosemary Soltt Klitsch and Husband $150 Cash Yes 10/22/2005 Wedding Shawn Kresge Klitsch and Husband $150 Check Yes 11/26/2005 Wedding Joe Simmons Husband Unknown Yes 12/3/2005 Wedding Roberta H. Heffley Klitsch and Husband $50- $75 Cash Yes 12/31/2005 Wedding Jeffrey A. Keiser Husband Unknown Yes 5/28/2006 Banquet Carbon County Hall of Fame Yes No Yes 6/10/2006 Wedding Timothy A. Popek Yes Unknown Cash Yes 6/24/2006 Wedding Carol Ann McGinley Yes Unknown Cash Yes 7/8/2006 Wedding Kevin A. Bailey Thinks Klitsch $50 -$75 Yes 7/26/2006 Dinner /Dance E. Mauch Chuck Alumni Yes No Yes 8/12/2006 Wedding Thomas E. Litchauer, Jr. Thinks Klitsch Unknown Cash Yes 8/19/2006 Wedding James D Redline, Sr Yes $50- $75 Yes 9/30/2006 Wedding Megan Filloy Yes Unknown Cash Yes 10/7/2006 Wedding Michael J. Buckles Yes Unknown Yes 10/14/2006 Wedding Ed Moyer Yes $50 Check Yes Klitsch, 06 -037 Page 8 a. Klitsch and /or her husband received between $1,1625.00* and $1,925.00 in payments as outlined above for performing bartending services at the borough hall. * [sic]. Presumably the parties intended this amount to be $1,625.00. (See, chart above, Fact Finding 28.) b. On at least (15) other occasions hall renters had insufficient information of the amounts paid for bartending services. 29. From 2002 through 2006, Klitsch endorsed and deposited eight (8) checks from parties in connection with her bartending services. a. Klitsch requested that the checks be made out to her name. b. Klitsch maintained a personal bank account at Mauch Chunk Trust Co., which was used to deposit the payments. c. Additional checks received by Klitsch for Bartending services were cashed by a teller at Mauch Chunk Trust Company. 30. The following parties' payments were deposited by Klitsch into her personal Event Date Event Renting Party Deposit Date Tender Amount 1/28/2005 Dinner /Dance St Joe's Mardi Gras 2/1/2005 Cash $40.00 2/5/2005 Banquet Jim Thorpe Hall Of Fame 2/7/2005 Cash $300.00 2/20/2005 Event Gun Show 2/21/2005 Cash $200.00 6/24/2006 Linda Faye 2621 2/22/2005 Cash $150.00 4/1/2005 Wedding Christine Meinhart 4/4/2005 Cash $200.00 4/23/2005 Wedding April D. Machella 4/25/2005 Cash $200.00 Date From Check Number Amount To Memo Section 3/29/2005 Louis Moyer 1805 $50.00 Joanne Klitsch 2 Bartenders 9/22/2005 Leonard Miller 3029 $150.00 Joanne Klitsch 2 Bartenders 9/26/2005 Ruth Ann Dottery 1027 $150.00 Joanne Klitsch 6107047447 6/24/2006 Linda Faye 2621 $75.00 Joanne Klitsch Date From Check Number Amount To Memo Section 5/28/2005 Lansford High Alumni Committee 250 $150.00 Joanne Klitsch 2 Bartenders 9/14/2005 Paul Kocher 149 $75.00 Joanne Klitsch 9/14/2005 Paul Kocher 150 $75.00 Joanne Klitsch 10/22/2005 Shawn Kresege Electric 5354 $150.00 Joanne Klitsch Klitsch, 06 -037 Page 9 account (xxxx599) at Mauch Chunk Trust Co. Total $425.00 31. The following parties' payments were cashed by Klitsch at the Mauch Chunk Trust Co. 1. Paul Kocker 2. Leonard Miller 3. Ruth Ann Dottery Total $450.00 * Klitsch cashed $400 check from Kresege and turned over $250 to Hall for an extra hour rental. 32. Klitsch's personal account at Mauch Chunk Trust Co. confirms numerous cash deposits totaling $11,887.72 from 2005 through 2006 on Mondays and Tuesdays following dates in which events were held at Memorial Park Hall. a. Klitsch's personal checking account confirms the following deposits of cash following events at Memorial Hall. b. The following chart includes payments listed in findings no. 30 and 31 as follows: 4/30/2005 Wedding Louis E. Sommers 5/2/2005 Cash $300.00 6/4/2005 Wedding Gregg C. Clemson 6/6/2005 Cash $100.00 6/18/2005 Wedding Charles W. Snyder 6/20/2005 Cash $90.00 7/9/2005 Wedding Roshunda Taylor 7/11/2005 Cash $170.00 7/16/2005 Banquet Nesquehoning High Alumni Assoc. 7/19/2005 Cash $200.00 7/30/2005 Wedding Sarah Lavender 8/1/2005 Cash $700.00 8/6/2005 Wedding Thomas H. Schafer, Jr. 8/9/2005 Cash $385.00 8/20/2005 Wedding J.E. Mokrycki 8/23/2005 Cash $100.00 9/10/2005 Banquet Jim Thorpe Hall Of Fame 9/12/2005 Cash $400.00 9/17/2005 Wedding Paul T. Kocher 9/19/2005 Cash $110.00 9/24/2005 Wedding Leonard W. Miller 9/26/2005 Cash $250.00 10/1/2005 Wedding Ruth A Dottery 10/4/2005 Cash $3 270.00 10/15/2005 Wedding Rosemary Soltt 10/18/2005 Cash $180.00 11/19/2005 Event Winter Craft Show 11/21/2005 Cash $150.00 11/26/2005 Wedding Joe Simmons 11/28/2005 Cash $155.00 12/3/2005 Wedding Roberta H. Heffley 12/5/2005 Cash $120.00 12/10/2005 Dinner /Dance Mahoning Valle[y] Speedway 12/12/2005 Cash $200.00 2/4/2006 Banquet Jim Thorpe Hall Of Fame 2/6/2006 Cash $100.00 2/19/2006 Event Gun Show 2/20/2006 Cash $90.00 3/4/2006 Dance Take -Down Club 3/6/2006 Cash $20.00 3/6/2006 Cash $290.00 4/8/2006 Wedding Scott Lesher 4/10/2006 Cash $60.00 5/6/2006 Wedding Kelly Gallagher 5/8/2006 Cash $100.00 5/9/2006 Cash $200.00 5/28/2006 Banquet Carbon County Hall of Fame 5/30/2006 Cash $120.00 6/25/2006 Dinner Pastor's Retirement Dinner 6/26/2006 Cash $150.00 6/27/2006 Cash $35.00 7/8/2006 Wedding Kevin A. Bailey 7/10/2006 Cash $500.00 8/12/2006 Wedding Thomas E. Litchauer, Jr. 8/14/2006 Cash $400.00 8/26/2006 Reunion East Mauch Chunk H.S. 8/28/2006 Cash $80.00 9/2/2006 Reunion Swingin 60's Reunion 9/5/2006 Cash $160.00 9/23/2006 Banquet JT Hall of Fame 9/25/2006 Cash $120.00 9/30/2006 Wedding Megan Filloy 10/2/2006 Cash $722.00 10/14/2006 Wedding Ed Moyer 10/16/2006 Cash $420.72 10/28/2006 Wedding Alicia F. Blose 10/31/2006 Cash $150.00 11/4/2006 Wedding Sara Gallagher 11/6/2006 Cash $200.00 Totals 42 Occasions $11,887.72 Klitsch, 06 -037 Page 10 33. Klitsch's personal checking account discloses additional deposits of cash on Mondays and Tuesdays which could not be linked to known events at the borough hall. Deposit Date Tender Amount 3/7/2005 Cash $ 175.00 3/8/2005 Cash $ 125.00 3/14/2005 Cash $ 57.00 8/15/2005 Cash $ 922.00 10/31/2005 Cash $ 170.00 12/19/2005 Cash $ 400.00 1/9/2006 Cash $ 102.00 1/30/2006 Cash $ 287.00 2/13/2006 Cash $ 100.00 4/24/2006 Cash $ 30.00 4/24/2006 Cash $ 80.00 5/15/2006 Cash $ 112.00 6/19/2006 Cash $ 230.00 7/24/2006 Cash $ 450.00 9/11/2006 Cash $ 100.00 11/20/2006 Cash $ 200.00 12/18/2006 Cash $ 200.00 1/2/2007 Cash $ 250.00 1/29/2007 Cash $ 50.00 2/6/2007 Cash $ 2,000.00 2/12/2007 Cash $ 200.00 2/26/2007 Cash $ 100.00 2/26/2007 Cash $ 10.00 4/2/2007 Cash $ 50.00 Totals 24 Occasions $ 6,400.00 Klitsch, 06 -037 Page 11 34. Joanne Klitsch was interviewed by State Ethics Commission investigators on two (2) occasions during the course of the investigation. a. Klitsch indicated during a phone interview with SEC investigators on March 26, 2007, that her husband and she received payments and tips on several occasions in connection with providing bartending services at events held at Memorial Park Hall. 1. Klitsch indicated that she advised renting parties that they were required to pay a fee of $50- $75 per bartender, for bartending services at the event. b. Klitsch, in the presence of her attorney, indicated during an interview with SEC investigators on April 12, 2007, that she received payments and tips on several occasions in connection with providing bartending services at events held at Memorial Park Hall. 35. From March 2002 through December 2006, Klitsch used her position as the member of Jim Thorpe Borough Council responsible for the renting of the Memorial Park Hall, to solicit and receive payments in conjunction with her providing bartending services at Hall events. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT KLITSCH USED Klitsch, 06 -037 Page 12 THE AUTHORITY OF HER POSITION TO AUTHORIZE EMPLOYMENT FOR A MEMBER OF HER IMMEDIATE FAMILY TO PROVIDE MAINTENANCE SERVICES AT THE BOROUGH SOCIAL HALL. 36. Historically, Memorial Park Hall has employed maintenance personnel to perform various maintenance duties in and around the facility. a. Duties performed include, but are not limited to the following: 1. Dry mop, scrub or wet mop floors once a week and /or after functions. 2. Set up tables and chairs for functions; take down following the function. 3. Open up facility to receive deliveries. 4. Clean garbage around exterior of the facility. 5. Repairs to facility or equipment. 6. Assist in preparation of meals for functions. 37. Memorial Hall maintenance employees, prior to May 2004, were part time employees paid by the Hall. a. Maintenance employees received hourly wages and were not eligible for benefits. b. Employees were assisted in their duties by volunteers from the Park Commission. 38. Prior to May 2004, Thomas Klitsch, husband of Joanne Klitsch, regularly assisted his wife in her role with Memorial Hall. a. Thomas Klitsch, as a volunteer, assisted his wife in preparing for events held at the hall. b. Thomas Klitsch assisted the maintenance personnel in maintaining the Hall's grounds. c. Thomas Klitsch also performed bartending services. 39. By March of 2004, the two maintenance employees for the Hall retired or resigned their positions causing the need for new employees to be hired. 40. The hiring of a new maintenance employee at Memorial Park Hall was not advertised by Jim Thorpe Borough Council or Memorial Park Hall. 41. Jim Thorpe Borough Council meeting minutes do not reflect any discussions regarding hiring a new maintenance employee prior to the April 15, 2004, meeting. 42. During a regular meeting of Jim Thorpe Borough Council on April 15, 2004, discussions occurred between council members, including Klitsch, regarding various projects that needed to be completed around Memorial Park Hall. a. Jim Thorpe Borough meeting minutes reflect Klitsch and other members of council discussing who would complete the projects around the hall. Klitsch, 06 -037 Page 13 b. Meeting minutes reflect Klitsch requesting that an executive session be held later in the meeting to discuss the issues. "Mrs. Klitsch said she would like to request an executive session later tonight to discuss this." c. Meeting minutes reflect council going into an executive session from 10:05 pm to 10:20 pm, prior to adjourning the meeting. 43. During the executive session, Klitsch participated in discussions regarding the hiring of her husband, Thomas Klitsch, to the position of full -time maintenance employee for Memorial Park Hall. a. Klitsch informed council of the need for a maintenance employee at the hall, and then recommended that her husband be considered for the position. b. Klitsch participated in discussing specific terms of her husband's hiring to the maintenance employee position. 1. Thomas Klitsch's need for benefits for himself and Joanne Klitsch were discussed. 2. The exact amount of hours and compensation that Thomas Klitsch was allowed to receive, per his disability benefit, was discussed. c. Klitsch is not noted as abstaining from participating in the executive session, in the meeting minutes. d. No other individual was considered for the maintenance position at the hall. 44. Between April 15, 2007, and April 23, 2007, Klitsch contacted Council President William Maurer on several occasions requesting the need for her husband to be hired to the maintenance position at Memorial Park Hall. a. Klitsch requested that Maurer take action, as Council President, to hire her husband to the maintenance employee position. 45. On April 23, 2004, Borough Council President William Maurer directed the Borough Secretary, Louise McClafferty to take a poll of Borough Council on the issue of hiring Thomas Klitsch to the position of full -time maintenance employee for the hall. a. McClafferty contacted the council members via phone to determine how they would vote if a motion was made. b. Klitsch, when contacted, informed McClafferty that she would abstain from the vote. c. No discussions occurred prior to the April 2004 council meeting regarding hiring a new maintenance employee. d. Thomas Klitsch was considered for the position due to his prior volunteer service at the Hall. 46. Thomas Klitsch was not employed in any capacity in April 2004. a. Thomas Klitsch was receiving Social Security payments from the U.S. Time Periods Medical per Month Dental Per Month July 2004 - September 2004 $702.26 Included October 2004 - May 2005 $842.18 $52.45 June 2005 - May 2006 $829.33 $52.45 June 2006 - May 2007 $901.22 $53.60 Klitsch, 06 -037 Page 14 Department of Treasury. b. Thomas Klitsch was not receiving benefits through his prior employer. 47. During a Borough Council Meeting on May 13, 2004, a motion was made to hire Thomas Klitsch as the full time maintenance employee at Memorial Park. a. Prior to a formal vote by Council, a discussion on the issue occurred. 1. Joanne Klitsch was present at the meeting during the discussion on the hiring of her husband. b. The motion included that Thomas Klitsch's salary and benefits would be paid to him by the Park. c. A roll call vote on the motion was taken, and recorded as follows: YES Michael Sofranko William Maurer Joseph Marzen Jay Miller Anita Dennis NO Edith Lukasevich ABSTAIN Joanne Klitsch 48. On May 27, 2004, Borough Secretary Louise McClafferty sent a letter to Thomas Klitsch confirming his appointment to the position of Memorial Hall maintenance employee. 49. From May 13, 2004, to May 5, 2007, Thomas Klitsch was employed as the full -time Memorial Hall Maintenance Employee. a. Thomas Klitsch was responsible for working 30 -35 hours a week at Memorial Park Hall. b. Thomas Klitsch was supervised by his wife, Joanne Klitsch, Anita Dennis and Justin Yaich. c. Thomas Klitsch was compensated through Memorial Park Hall. 1. Thomas Klitsch received $470.00 (gross) bi- weekly for his services. d. Thomas Klitsch received the borough's benefits package for him and his wife through Blue Cross /Blue Shield. 1. Memorial Hall was paying the following monthly amounts for Thomas and Joanne Klitsch's benefits. 2. The benefits package included medical, dental and vision coverage. 3. The benefit package provided medical benefits to Thomas and Joanne Klitsch. Time Periods Medical per Month Dental Per Month # of Months Total July 2004 - September 2004 $702.26 Included 3 $ 2,106.78 October 2004 - May 2005 $842.18 $52.45 8 $ 7,157.04 June 2005 - May 2006 $829.33 $52.45 12 $ 10,581.36 June 2006 - May 2007 $901.22 $53.60 12 $ 11,457.84 Totals 35 $ 31,303.02 Klitsch, 06 -037 Page 15 4. Joanne Klitsch was not covered under any other benefits package at the time of Thomas Klitsch's hiring. 50. Payroll for Memorial Park Hall was approved as part of the Treasurer's report on a monthly basis at Jim Thorpe Borough Council meetings. a. Memorial Hall payroll included bi- weekly checks issued to Thomas Klitsch. b. Between May 13, 2004, and May 5, 2007, Joanne Klitsch, as a member of borough council, voted to approve the treasurer's report at all council meetings in which she was in attendance. b. 1. This included payroll issued to her husband. 51. While employed as the Memorial Hall Maintenance Employee, Thomas Klitsch received compensation in excess of $60,764.26. a. Thomas Klitsch received bi- weekly payroll checks from Memorial Park Hall totaling $29,461.24. Calendar Year 2004 (From May 2004) 2005 2006 2007 (Through March 2007) Total Amount $6,372.16 $10,344.76 $10,354.76 $2,389.56 $29,461.24 Thomas Klitsch received the borough's benefits package for him and Joanne Klitsch totaling $31,303.02. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS CONCERNING KLITSCH'S FAILURE TO FILE STATEMENTS OF FINANCIAL INTERESTS. 52 As a Jim Thorpe Borough Council Member, Klitsch was required annually to file a Statement of Financial Interests form by May 1 containing information for the prior calendar year. 53. Klitsch was annually provided with blank Statements of Financial Interests forms to complete by the Borough Secretary. 54. Klitsch failed to file Statement of Financial Interests forms with the borough for calendar years 2001, 2002, 2003, 2004, and 2005 by May 1 of the following year. 55. During years when Klitsch failed to file a Statement of Financial Interests with the borough, Klitsch received compensation from the Borough of Jim Thorpe as a member of council totaling $6,900. Klitsch, 06 -037 Page 16 a. Calendar Year Amount 2001 $ 1,380.00 2002 $ 1,380.00 2003 $ 1,380.00 2004 $ 1,380.00 2005 $ 1,380.00 Total $ 6,900.00 56. Joanne Klitsch used the authority of her public position for private pecuniary gain when she recommended and then participated in actions resulting in the hiring of her husband, and when she used her position to obtain bartending payments to receive bartending fees while acting as the borough Park Director. Private pecuniary gain determined as: a. Salary for husband: $29,461.24 Benefits: $31,303.02 b. Bartending fees $11,877.72* Total $72,639.98* * [sic]. [See, Fact Finding 32b. Respondent receives the benefit of the stipulated amount.] III. DISCUSSION: As a Member of Borough Council of Jim Thorpe Borough ( "Borough "), Carbon County, since August 12, 1999, Respondent Joanne Klitsch ( "Klitsch ") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., at all times relevant to these proceedings. The allegations are that Klitsch violated Sections 1103(a) and 1104(a) of the Ethics Act when she, as a Member of Borough Council, used the authority of her public position to authorize employment for herself and members of her immediate family for positions at the Borough social hall to provide bartending and maintenance services; and when she failed to file Statements of Financial Interests for the 2001, 2002, 2003, 2004, and 2005 calendar years. Pursuant to Section 1103(a) 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 employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is 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 Klitsch, 06 -037 Page 17 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. 65 Pa. C. S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee 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. Section 1104(a) of the Ethics Act provides that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Klitsch has served as a Council Member of the Borough since August 12, 1999. Klitsch has also served on various Borough committees including the Public Service Committee, the Sewer and Sanitation Committee, and the Water Committee. The Borough is governed by a Mayor and a seven - member Council. The Borough holds monthly legislative meetings and also holds special meetings as necessary. Official action occurs by a roll call vote, with all abstentions and objections specifically noted in the minutes. The Mayor only votes in the event of a tie. Council Members receive $115.00 of gross monthly pay ($1,380 annually) for their service. The Borough owns a facility known as "Memorial Park Hall" (the "Hall "), which is used by Borough Council for meetings and Borough fundraisers. The Hall is also rented by the public for events. Revenue generated from the Hall rentals is used to cover the Hall's expenses and employee payroll. Borough funds are used to cover any additional expenses or necessary capital improvements. Hall renters can purchase catered meals, hors d'oeuvres, desserts, and alcohol fountains in connection with their rental of the Hall. The Hall does not have a liquor license and cannot provide alcohol. Therefore, alcohol served at events must be purchased and supplied by the Hall renter. Hall renters may also be provided with table settings, wait staff, and bartenders at an additional cost. Hall renters are required to sign a rental contract outlining the amenities and services desired. Wait staff and table setting costs are included in the total Hall rental cost based on a predetermined cost per guest /place setting. Bartenders are not paid by the Hall or the Borough for their services but are permitted to receive tips from a voluntary tip jar placed on the bar during events where bartending services are provided. Tips are divided among the bartenders. The Hall did not maintain records of bartenders' tips. Prior to 1996, the Hall was managed by the Park Commission, made up of Klitsch, 06 -037 Page 18 volunteers from the community appointed by the Borough Council. One Borough Council member was appointed to serve on the Park Commission. Park Commissioners did not receive any compensation for their duties. Klitsch served as a Park Commissioner prior to serving on Borough Council. In 1996, the Borough Council appointed a full -time, Borough -paid Park Director to assist the Park Commission in running the daily operations of the Hall and to allow Borough Council to more closely monitor the decisions of the Park Commission. The duties of the Park Director included, but were not limited to: booking events at the Hall and other Hall facilities; hiring and supervising the Hall wait staff; directing and supervising the Hall maintenance staff; generating financial reports on revenue, expenses, and payroll; and acting as liaison between the Borough Council and the Park Commission. In or around 1999, Borough Council Member John Dugan ( "Dugan ") resigned from Council to accept the position of Park Director. As Park Director, Dugan negotiated Hall rental contracts, assisted Hall renters with the selection of services, and collected the deposit for the Hall rental. In approximately 2000, while she was serving as a Borough Council Member, Klitsch began assisting Dugan with the management of the Hall on a volunteer basis. Klitsch organized and ran events held at the Hall, assisted in setting up and cleaning up at the Hall, and bartended at Hall events. Klitsch collected tips while providing bartender services. Sometime between February 21, 2002, and April of 2002, Dugan resigned as the Park Director. The Borough Council did not advertise or solicit applications for the position of Park Director. At the Borough Council's February 21, 2002, meeting, Klitsch volunteered for the position. At an executive session held during Borough Council's February 21, 2002, meeting, Borough Council discussed having Klitsch replace Dugan as Park Director. Klitsch was present and participated in the discussion. A consensus was reached during the executive session to authorize Klitsch to run the Hall. No formal action was taken by the Borough Council to appoint Klitsch to the position with the Hall during the public portion of the meeting. Borough Council members advised Klitsch that she was prohibited from receiving any compensation from the Hall because of her position as a Borough Council member. See, 53 P.S. § 46104. Klitsch's receipt of tip money from bartending services at the Hall was not discussed. In her position as Hall Director, Klitsch's duties are the same as those previously performed by Dugan. Klitsch is primarily responsible for acting as the booking agent for events, supervising Hall staff, approving event payroll, and serving as the Hall's point of contact for customers, staff and vendors. Klitsch provides prospective Hall customers with a packet that includes a Hall rental contract and a document listing the terms and conditions of renting the facility. Klitsch meets with prospective customers and assists them in selecting the meal and additional amenities for the event. Klitsch has the prospective customers sign a hall rental contract, which outlines the costs of the event. Klitsch collects hall rental deposits and instructs parties to make checks for rental deposits and balance payments payable to "Memorial Park Hall." Payments are turned over to the Hall's Treasurer, and are deposited into the Hall's bank account with Mauch Chunk Trust Co. Klitsch does not have signature authority on that account. Klitsch informs the parties renting the Hall that bartenders for an event are paid a separate $50 -75 fee which is not included in the contract. Klitsch requests that the fee for the bartenders be paid separately in the form of cash or check on the night of the event. Klitsch, as the person solely responsible for obtaining bartenders for Hall events, did not Klitsch, 06 -037 Page 19 provide Hall renters options as to the selection of bartenders. Hall payroll records do not include any compensation ever being paid to bartenders, and no known record exists of Klitsch depositing bartending fees charged or tips received into the Hall's bank account. No records exist as to the person(s) providing bartending services at specific events. From March 2002 through December 2006, Klitsch and her husband provided bartending services for events held at the Hall. There are no known records of the exact number of events that Klitsch and her husband bartended. At each event, Klitsch solicited and accepted payments of $50 or $75 per bartender for her and her husband's services. It is known that Klitsch received, at a minimum, between $1,625.00 and 1,925.00 for bartending services provided by her and her husband at the Hall. There is insufficient information as to the amounts paid to Klitsch and /or her husband for bartending services for at least fifteen other occasions. Klitsch also received tips that were collected in a tip jar on the bar. As set forth in Fact Findings 29 and 30, from 2002 through 2006, Klitsch endorsed and deposited into her personal bank account checks that she received from providing bartending services at the Hall. Additional checks that Klitsch received for providing bartending services at the Hall were cashed by Klitsch as set forth in Fact Findings 29c and 31. Klitsch had requested that the checks be made out to her name. Klitsch's personal account records at Mauch Chunk Trust Co. confirm 42 cash deposits totaling $11,887.72 in 2005 and 2006, all of which were made on Mondays and Tuesdays following dates in which events were held at the Hall. Klitsch's personal checking account discloses additional cash deposits totaling $6,400 on Mondays and Tuesdays which could not be linked to known events held at the Hall. When interviewed by State Ethics Commission investigators, Klitsch indicated that she and her husband had received payments and tips on several occasions in connection with providing bartending services at Hall events. Klitsch indicated that she advised renting parties that they were required to pay a fee of $50 to $75 per bartender for bartending services at the event. The parties have stipulated that from March 2002 through December 2006, Klitsch used the authority of her position as the Borough Council Member responsible for the renting of the Hall to solicit and receive payments in conjunction with providing bartending services at Hall events. The parties have further stipulated that the resulting private pecuniary benefit to Klitsch was in the amount of $11,877.72. The Hall has also employed maintenance personnel to perform maintenance duties such as dry mopping, scrubbing or wet mopping floors weekly or after Hall functions, setting up tables and chairs for functions, taking down tables and chairs after functions, opening the Hall to receive deliveries, cleaning the garbage around the exterior of the Hall, making repairs to the Hall or Hall equipment, and assisting in the preparation of meals for Hall functions. Prior to May 2004, Hall maintenance employees were part -time, hourly employees paid by the Hall and were not eligible for benefits. Maintenance employees were assisted in their duties by volunteers from the Park Commission. Prior to May 2004, Thomas Klitsch, Joanne Klitsch's husband, regularly volunteered at the Hall by assisting his wife with preparing for Hall events and assisting the maintenance personnel in maintaining the Hall's grounds. By March of 2004, the two Hall maintenance employees retired or resigned from their positions. Neither the Borough Council nor the Hall advertised for the hiring of a new maintenance employee. The Borough Council meeting minutes do not reflect any Klitsch, 06 -037 Page 20 discussions regarding hiring a new maintenance employee prior to the April 15, 2004, meeting. Thomas Klitsch was not employed in any capacity in April 2004. Thomas Klitsch was receiving Social Security payments from the U.S. Department of Treasury but was not receiving benefits from his prior employer. During the Borough Council's April 15, 2004, regular meeting, Borough Council members, including Klitsch, discussed projects that needed to be completed around the Hall and who would complete such projects. Klitsch requested that an executive session be held later in the meeting to discuss such issues. Meeting minutes reflect that the Borough Council went into an executive session from 10:05 p.m. to 10:20 p.m., prior to adjourning the meeting. During the executive session, Klitsch informed the Borough Council members of the need for a maintenance employee at the Hall, and then recommended that her husband be considered for the position. Klitsch discussed specific terms of her husband's hiring, including Thomas Klitsch's need for benefits for himself and Klitsch, work hours, and compensation that Thomas Klitsch could receive per his disability benefit. No other individual was considered for the Hall maintenance position. Klitsch is not noted in the meeting minutes as having abstained from participation in the executive session. Between April 15, 2007, and April 23, 2007, Klitsch contacted Borough Council President William Maurer ( "Maurer ") on several occasions and requested that Maurer take action to hire Thomas Klitsch for the Hall maintenance employee position. On April 23, 2004, Maurer directed the Borough Secretary, Louise McClafferty ( "McClafferty ") to take a poll of Borough Council members as to whether Klitsch's husband should be hired to the position of full -time Hall maintenance employee. Thomas Klitsch was considered for the position due to his prior volunteer service at the Hall. McClafferty contacted the Borough Council members via phone to determine how they would vote if a motion was made. Klitsch informed McClafferty that she would abstain from the vote. During Borough Council's May 13, 2004, meeting, a motion was made to hire Thomas Klitsch as the full time maintenance employee at the Hall, for compensation including salary and benefits. Prior to taking a formal vote on the motion, the Borough Council engaged in discussion on the hiring of Klitsch's husband, for which Klitsch was present. A roll call vote on the motion was taken, with five Borough Council members voting in favor of the motion, one Borough Council member voting against the motion, and Klitsch abstaining. On May 27, 2004, McClafferty sent a letter to Thomas Klitsch confirming his appointment to the position of Hall maintenance employee. From May 13, 2004, to May 5, 2007, Klitsch's husband was employed as the full - time Hall maintenance employee. The total of the bi- weekly payroll checks received by Klitsch's husband from May 2004 through March 2007 was $29,461.24. As Hall maintenance employee, Klitsch's husband also received the Borough's Blue Cross /Blue Shield benefit package which provided medical, dental, and vision coverage to himself and Klitsch. The total value of such benefits from July 2004 through May 2007 was $31,303.02. At the time of her husband's hiring as Hall maintenance employee, Klitsch was not covered under any other benefits package. Between May 13, 2004, and May 5, 2007, at all meetings in which she was in attendance, Klitsch voted to approve the Borough's monthly Treasurer's report which included by- weekly payroll checks issued to her husband. Klitsch, 06 -037 Page 21 The parties have stipulated that Klitsch used the authority of her public position to obtain employment for her husband as the Hall maintenance employee, for which he received total compensation in the amount of $60,764.26. Per Fact Finding 56, the parties have stipulated that Klitsch realized a total private pecuniary gain in the amount of $72,639.98 when she used the authority of her public position to obtain payment for bartending services at the Hall, and when she recommended and then participated in actions resulting in the hiring of her husband to the position of Hall maintenance employee. We shall now summarize the Fact Findings pertaining to Klitsch's Statements of Financial Interests. As a Borough Council member, Klitsch was required to annually file Statements of Financial Interests ( "SFIs ") by May 1 disclosing information for the prior calendar year. Despite being annually provided with blank Statement of Financial Interests forms by the Borough Secretary, Klitsch failed to file SFIs with the Borough for calendar years 2001, 2002, 2003, 2004, and 2005 by May 1 of the following year. During these years when Klitsch failed to file SFIs with the Borough, Klitsch received $6,900 in compensation from the Borough in her capacity as a Borough Council Member. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That an unintentional violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a) occurred in relation [to] Klitsch and members of her immediate family providing bartending and maintenance services at the Borough social hall; and b. That a violation of Section 1104(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1104(a) occurred when Klitsch failed to file Statements of Financial Interests for the 2001, 2002, 2003, 2004, and 2005 calendar years. 4. Klitsch agrees to make payment in the amount of $5,500 in settlement of this matter payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1 -2. Klitsch, 06 -037 Page 22 As a Borough Council Member, Klitsch is a public official subject to the provisions of the Ethics Act. See, etc.., Svirsko, Opinion 06 -006; Kablack, Opinion 02 -003; Keenan, Opinion 00 -002. In applying Section 1103(a) of the Ethics Act to the stipulated facts, the element of use of authority of office has been met. But for the fact that Klitsch was a Borough Council Member, she would not have been in a position to participate in Borough Council's discussion at its February 21, 2002, executive session where Borough Council reached a consensus to authorize Klitsch to run the Hall. By securing the position of Hall Director, Klitsch was able to: charge Hall renters the $50 -75 fee per bartender; exercise exclusive control over the selection of individuals to provide bartending services at Hall events; and direct bartending opportunities to herself and her husband (see, Juliante, Order 809). The resulting financial benefit as set forth in Fact Findings 32b and 56 constituted a private pecuniary benefit to Klitsch and her husband. Klitsch's husband is a member of Klitsch's immediate family as that term is defined under the Ethics Act. See, 65 Pa.C.S. § 1102. As for Klitsch's actions in requesting an executive session to discuss the hiring of her husband to the position of Hall maintenance employee, recommending that he be considered for the position, participating in discussions as to Klitsch's and her husband's need for benefits, contacting the Borough Council President and requesting that he take action to hire her husband, and voting to approve the Treasurer's reports which included payroll issued to her husband, all such actions were uses of authority of office. These actions by Klitsch resulted in a private pecuniary benefit to Klitsch's husband, consisting of compensation to Klitsch's husband and benefits to both Klitsch's husband and Klitsch. The parties have stipulated that Klitsch used the authority of her public position as the member of Borough Council responsible for renting the Hall to receive payments in conjunction with providing bartending services at the Hall. The stipulated private pecuniary benefit was in the total amount of $11,877.72. The parties have further stipulated that Klitsch used the authority of her public position to obtain employment for her husband as the Hall maintenance employee, for which he received total compensation in the amount of $60,764.26. The total stipulated private pecuniary gain for Klitsch and her husband was $72,639.98. (See, Fact Finding 56). The parties have recommended that this Commission find that an unintentional violation of Section 1103(a) of the Ethics Act occurred in relation to Klitsch and members of her immediate family providing bartending and maintenance services at the Hall. Although intent is not a requisite element of a violation of Section 1103(a) of the Ethics Act, see, Yocabet v. State Ethics Commission, 531 A.2d 536 (Pa. Cmwlth. 1987), it would appear that the aforesaid violations were unintentional. Despite Klitsch's lack of intent to violate the Ethics Act, Klitsch did in fact use the authority of her public office for the private pecuniary benefit of herself and her husband, necessitating our conclusion that an unintentional violation of Section 1103(a) of the Ethics Act occurred. Accordingly, we hold that an unintentional violation of Section 1103(a) of the Ethics Act occurred in relation to Klitsch and members of her immediate family providing bartending and maintenance services at the Borough Memorial Park Hall. Turning to the allegation regarding Klitsch's SFIs, the parties have stipulated that Klitsch failed to file SFIs for calendar years 2001, 2002, 2003, 2004, and 2005. Accordingly, we hold that a violation of Section 1104(a) of the Ethics Act occurred when Klitsch failed to file Statements of Financial Interests for calendar years 2001, 2002, 2003, 2004, and 2005. Klitsch, 06 -037 Page 23 As part of the Consent Agreement, Klitsch has agreed to make payment in the amount of $5,500 in settlement of this matter payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Klitsch is directed to make payment in the amount of $5,500.00, made payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty days of the issuance of this adjudication and Order. The Consent Agreement and Stipulation of Findings do not indicate whether Klitsch has now filed Statements of Financial Interests for calendar years 2001, 2002, 2003, 2004, and 2005. Therefore, to the extent Klitsch has not already done so, Klitsch is directed to file Statements of Financial Interests for calendar years 2001, 2002, 2003, 2004 and 2005 with the Borough within thirty (30) days of the issuance of this adjudication and Order and to forward a copy of each such filing to this Commission for compliance verification purposes. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Joanne Klitsch ( "Klitsch "), as a Borough Council Member of Jim Thorpe Borough ( "Borough "), is a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. Klitsch unintentionally violated Section 1103(a) of the Ethics Act in relation to the provision of bartending and maintenance services at the Borough's Memorial Park Hall by Klitsch and members of her immediate family. 3. Klitsch violated Section 1104(a) of the Ethics Act when she failed to file Statements of Financial Interests for the 2001, 2002, 2003, 2004 and 2005 calendar years. In Re: Joanne Klitsch, Respondent ORDER NO. 1462 File Docket: 06 -037 Date Decided: 4/28/08 Date Mailed: 5/15/08 1 Joanne Klitsch ( "Klitsch "), a public official in her capacity as a Borough Council Member of Jim Thorpe Borough ( "Borough "), unintentionally violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to the provision of bartending and maintenance services at the Borough's Memorial Park Hall by Klitsch and members of her immediate family. 2. Klitsch violated Section 1104(a) of the Ethics Act when she failed to file Statements of Financial Interests for the 2001, 2002, 2003, 2004 and 2005 calendar years. 3. Per the Consent Agreement of the parties, Klitsch is directed to make payment in the amount of $5,500.00, made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of this Order. 4. To the extent Klitsch has not already done so, Klitsch is directed to file Statements of Financial Interests for calendar years 2001, 2002, 2003, 2004 and 2005 with the Borough within thirty (30) days of the issuance of this Order, and to forward a copy of each such filing to this Commission for compliance verification purposes. 5. Compliance with Paragraphs 3 and 4 of this Order will result in the closing of this case with no further action by this Commission. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair