HomeMy WebLinkAbout1463 BornsteinIn Re: Rita Bornstein,
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 -070
Order No. 1463
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 amended Investigative Complaint was filed to correct the
issuance date. 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 Stipulation of Findings
is 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.
Bornstein, 06 -070
Page 2
I. ALLEGATIONS:
That Rita Bornstein, a public official /public employee in her capacity as the Health
Code Officer for the City of Connellsville, Westmoreland County [sic], violated Sections
1103(a), 1104(a) and 1104(d) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§
1103(a), 1104(a) and 1104(d), when she used the authority of her public position for a
private pecuniary gain by utilizing her office including equipment, materials and supplies
as Connellsville City Health Code Officer in support of her part -time positions as Health
Code Officer for the Borough of South Connellsville and Dunbar Borough; when she
performed duties related to these part -time positions during the same hours for which she
was being compensated as an employee of the City of Connellsville; and when she failed
to file Statements of Financial Interests for 2001, 2002, 2003, 2004 and 2005 calendar
years in her public positions with the City of Connellsville, South Connellsville Borough
and Dunbar Borough.
II. FINDINGS:
1. Rita Bornstein has served as the full time Health Officer /Code Enforcement Officer
for the City of Connellsville (hereafter Connellsville), Fayette County since January
10, 2000.
a. Bornstein has also served as the Zoning Officer for Connellsville since at
least 2003.
2. Connellsville is a third class city governed by a five member board consisting of
four council members and a mayor.
a. Connellsville follows a strong mayor form of government.
b. Connellsville follows the Third Class City Code in relation to city governance.
3. Bornstein's job description as the Connellsville Health Officer /Code Enforcement
Officer separates Bornstein's general duties and responsibilities from her specific
duties and responsibilities.
a. Bornstein's general duties and responsibilities note, in part, the following
points:
1. The Health Code Officer is directly responsible to the Board of
Health.
2. The HCO is responsible for attending all meetings of the Board of
Health and to be available for the prompt performance of his /her
official duties at all times.
3. The HCO shall quarantine places of communicable diseases in
accordance with the law.
4. The HCO shall make sanitary inspections.
5. The HCO shall monitor any condition associated with environmental
problems.
6. The HCO shall report any conditions found to be detrimental to public
health.
7 The HCO shall execute the orders of the Board of Health and all other
Bornstein, 06 -070
Page 3
laws, rules, regulations and orders pertaining to this office.
8. The HCO shall work with the Board of Health in the continual effort to
preserve or improve the public health in the City of Connellsville, and
shall be a member of the City Planning Board.
b. Bornstein's specific duties and responsibilities note, in part, the following
points:
1. It is the responsibility of the Health /Code Officer to be acquainted with
the local ordinances affecting the health and safety of the residents of
the City and the appropriate legal enforcement of each ordinance.
aa. Ordinance No. 1126 —
bb. Ordinance No. 942 —
cc. Ordinance No. 1407
Code
dd. Ordinance No. 1408
family dwellings
Eating and Drinking Establishments
Housing Ordinance
— International Property Maintenance
— International Residential Code for 1 -2
2. Make inspections, issue and sign all licenses to appropriate businesses
and organizations.
3. Keep accurate and physical evidences [sic] of all violations of
ordinances.
4. Work primarily with the interpretation and implementation of the
ordinances and be responsible for reporting progress and needs of the
City to the board and recommend[ing] and evaluating results.
5. Monitor all state and federal laws regulating health /code standards.
6. Arrange for preparation of all reports required by City, State, or Federal
government.
7. Execute and administer all policies, plans, rules, and regulations
adopted by the board, exercising professional judgment and discretion in
[their] execution.
8. Prepare the annual budgetary requests including all appropriates [sic]
necessary to meet anticipated needs of the ensuing year.
9. Attend all health board meetings, excluding the power to vote, the
Health /Code Officer is to be given direction and professional advice
regarding the effect of proposed action by the board.
10. Attend all planning board meetings, advise board of permits obtained
and seek [its] assistance in obtaining them if problems arise and assist
planning board with implementation of adopted BOCA Codes.
11. Provide any necessary in- service to board members directed toward
developing their ability to function effectively in the role of making
decisions relative to health and community safety.
12. Serve as the agent of communication between the Board of Health,
Planning Board, local businesses, and the community on official
business of the City.
Bornstein, 06 -070
Page 4
13. Provide for the selection, inventory, and distribution of health forms,
licenses, and literature on health, rat poisons, or other materials deemed
necessary to the public health /safety.
14. Provide for an efficient and effective method to record all complaints and
inquiries.
15. Assist in resolving special problems which tend to interfere with the daily
routine or policies of the board.
16. Keep informed on all important developments in the health /code fields as
[to] how they may affect the health and safety of the residents of the City.
17. Assist the board in all matters pertaining to the general welfare and
safety of [t]he residents of the City and perform such duties as the board
may determine and direct.
18. Perform in all instances as the Health /Code Officer for the City of
Connellsville with professional integrity honoring the confidences and
loyalties ascribed to and required by this position.
4. Connellsville City Hall is located at 110 North Arch Street, Connellsville, PA 15425.
a. The main telephone number associated with City Hall is (724) 628 -2020.
1. City employees have specific extension numbers assigned to their
work stations /offices.
b. The facsimile number for City Hall is also (724) 628 -2020.
5. Bornstein maintains a private office at City Hall in relation to the performance of her
duties as Health /Code Enforcement /Zoning Officer.
a. Bornstein's telephone extension is 207.
6. Bornstein has access to and utilizes various pieces of equipment and supplies in
her office in the everyday performance of her duties.
a. Various pieces of equipment and supplies maintained in Bornstein's office
are owned /purchased by Connellsville.
b. Connellsville equipment and supplies routinely utilized include a computer,
printer, and telephone among other items.
1. Bornstein maintains no separate facsimile machine or copier in her
office.
7 Additional equipment provided to Bornstein in the performance of her duties
include[s] a Sunoco Fuel credit card and magnetic sign for her personal vehicle.
a. Bornstein is budgeted $300.00 per year for fuel use in relation to her
positions with Connellsville.
1. Bornstein utilizes her personal vehicle for travel required in her
positions with the city.
Bornstein, 06 -070
Page 5
8. Bornstein is employed in a full time capacity as the Connellsville Health /Code
Enforcement /Zoning Officer.
a. Bornstein works a regular schedule of Monday through Friday, 9:00 a.m. to
5:00 p.m. with a one hour paid lunch period.
1. Bornstein is permitted to flex her lunch hour to accommodate her
daily work schedule.
b. Bornstein accrues vacation, personal, and sick time in her position.
c. Bornstein receives a yearly salary in her position.
9. Bornstein is permitted to utilize compensatory time /flex her normal work hours on a
limited basis.
a. Bornstein may flex her starting time in the morning if she works past her
normal working hours the day before.
b. Bornstein does not accrue compensatory time on an ongoing basis to be
utilized at a future date.
10. Connellsville employees utilize handwritten time sheets to document days and
hours worked.
a. Information on time sheets maintained is limited to the date worked and the
range of hours worked (i.e. 10/01/07 9 -5).
1. No specific description of activities performed is documented on the
timesheets.
11. Employees utilizing vacation, personal, or sick time are to notify the City Clerk or
Administrative Secretary of their intent to do so.
a. The City Clerk or Administrative Secretary then forwards the leave usage to
the City Bookkeeper for recording and processing.
12. Although Bornstein reports to the Board of Health as Health Officer and to the
Director of Public Safety on behalf of City Council as the Code Enforcement Officer,
no Connellsville representatives directly oversee Bornstein's activities on a daily
basis.
a. Bornstein appears at and leaves her City Hall office at various times during
her normal work hours.
b. City Hall staff are not consistently made aware of Bornstein's daily itinerary.
c. Bornstein has autonomy over her daily activities.
13. In addition to Bornstein's employment with the City of Connellsville, Bornstein
serves as the Health Officer for South Connellsville Borough, Dunbar Borough, and
the City of Monongahela (hereafter Monongahela) on a part time, as- needed basis.
a. Bornstein has been employed by South Connellsville Borough since May 2,
1994.
1. Bornstein was initially hired on an on -call basis at the rate of $25.00
Bornstein, 06 -070
Page 6
to $40.00 per inspection.
2. Bornstein's payment for services rendered was changed to that of a
flat retainer of $50.00 per month effective January 1, 1997.
3. Bornstein currently receives a $60.00 per month flat retainer for
services rendered.
aa. The flat retainer accounts for Bornstein's salary and all
expenses accrued (i.e. mileage, personal vehicle
maintenance, etc.).
bb. The retainer is typically issued in December each year for the
past year's service.
b. Bornstein has been officially employed by Dunbar Borough since March 18,
2002.
1. Although not officially retained until the March 18, 2002, borough
council meeting, Bornstein received payment from Dunbar Borough in
February 2002 for six months worth of services rendered in 2001.
2. Bornstein receives payment of $60.00 per month as a flat retainer for
services performed.
aa. The flat retainer accounts for Bornstein's salary and all
expenses accrued (i.e. mileage, personal vehicle
maintenance, etc.).
bb. The retainer is typically issued twice per year for services
performed throughout the year.
c. Bornstein has been employed by Monongahela as an independent
contractor on a part -time basis since April 3, 2006.
1. Bornstein's sub - contractor agreement with Monongahela documents
Bornstein's compensation in the amount of $15.00 per hour and
mileage reimbursement at the rate of $0.40 per mile.
14. Bornstein did not obtain authorization from the Director of Public Safety prior to
seeking or accepting employment with South Connellsville Borough, Dunbar
Borough, or Monongahela.
a. No written approval of any authorization regarding Bornstein's employment
with the municipalities listed exists at Connellsville City Hall.
15. Bornstein does not maintain an independent office at South Connellsville Borough,
Dunbar Borough, or Monongahela.
a. Bornstein's sole office is located at Connellsville City Hall.
b. Bornstein has used her Connellsville City Hall office and equipment in
relation to her part -time positions with Dunbar, Monongahela and South
Connellsville.
16. As early as 2002, questions arose regarding Bornstein completing duties in
association with her secondary health officer employment during normal working
Bornstein, 06 -070
Page 7
hours for Connellsville.
a. Concerns over Bornstein's activities and whereabouts were presented to
John Whalen, Director of Health and Public Safety at that time.
1. Bornstein did not report to an immediate supervisor or provide [notice
to] anyone at the City of her whereabouts on a day to day basis.
2. Whalen had received complaints that Bornstein was working in other
municipalities during her regular working hours as a Connellsville
employee.
b. Whalen discussed the concerns and his solution to the situation with
Bornstein on January 2, 2003.
c. Whalen documented the discussion in correspondence to Bornstein dated
January 3, 2003.
17. Correspondence issued to Bornstein from Whalen, dated January 3, 2003,
specifically documented the following:
a. Bornstein was expected to complete a daily log to document appointments,
inspections, and daily mileage with any gas receipts attached.
b. Bornstein was expected to complete a phone log to include name, time, and
length of call and number as well as basic subject information.
c. Logs to account for Bornstein's time were necessary as Whalen had to
defend Bornstein's whereabouts on various occasions over the past "couple"
months.
1. Whalen had received various complaints regarding Bornstein
completing work in South Connellsville Borough during normal
Connellsville working hours.
18. Bornstein utilized a Hewlett Packard Pavilion 545X desktop computer in her office
at Connellsville City Hall to facilitate the performance of her duties as the
Health /Code Enforcement /Zoning Officer.
a. The Serial Number associated with Bornstein's City computer is
MX31613307.
b. Bornstein does not own a computer in her personal capacity.
19. City Council approved the purchase of the computer on June 10, 2003, under
Resolution No. 6- 11 -03.
a. The Resolution approved the purchase of a computer for the Health /Code
Officer not to exceed $1,500.00.
20. Connellsville purchased the computer on June 18, 2003, via Capital Improvement
Fundcheck number 154 in the amount of $999.99 from Radio Shack Store No. 01-
4117.
a. The purchase is documented via Radio Shack Invoice No. 215219 and notes
Connellsville as the customer.
Bornstein, 06 -070
Page 8
b. The purchase is documented as a "Bundle" on the invoice.
1. The "Bundle" classification indicates that the computer was sold as a
package including the computer tower, monitor, keyboard, and
mouse.
c. The "For" section of the check notes, "computer system Health Dept."
21. Bornstein routinely utilized the city computer assigned to her in the performance of
her duties in other employment with Dunbar and South Connellsville Boroughs and
Monongahela.
a. Bornstein did not have a private computer to be able to perform these tasks.
b. Bornstein was not authorized by Connellsville Officials to utilize city
equipment for personal purposes, including other employment.
22. The Western Digital hard drive (Serial Number WCAAT5109274) maintained in
Bornstein's computer at her Connellsville City Hall office revealed that Bornstein
utilized the city computer along with various 3'/ inch floppy disks in support of her
supplemental employment with South Connellsville Borough, Dunbar Borough, and
the City of Monongahela, as well as other personal use as shown below:
a. Three documents were generated by Bornstein pertaining to her employment
with South Connellsville Borough as shown below:
1. Correspondence addressed to Attorney Richard Bower informed
borough council and the mayor that the structure located at 2126
Second Street, South Connellsville, PA was unfit for human
habitation.
aa. The file regarding the letter was created on February 14, 2006,
at 4:25 p.m. and was last written on February 20, 2006, at 3:21
p.m.
1. Bornstein's monthly timesheet for February 2006
documents Bornstein working_ for Connellsville from 9
a.m. — 5 p.m. on February 14 and 20 2006.
2. Correspondence dated May 10, 2006, addressed to Attorney Robert
Slone informed borough council and the mayor of still existing
violations at 2126 Second Street, South Connellsville, PA.
aa. The file regarding the letter was created on May 11, 2006, at
10:02 a.m. and last written on May 11, 2006, at 10:26 a.m.,
during Bornstein's regular hours as a Connellsville employee.
1. Bornstein's May 2006 time sheet could not be located
for review.
3. The third document consists of remnants of a text file which
represented correspondence dated February 24, 2006, to Keith Cook
at 467 Reidmore Road, South Connellsville, PA regarding sanitation
violations at the property.
aa. The file creation date could not be determined.
Bornstein, 06 -070
Page 9
b. Bornstein's computer and floppy disks created by Bornstein revealed eleven
documents generated by Bornstein pertaining to her employment with
Dunbar Borough during her regular hours as a Connellsville employee.
1. Correspondence dated July 7, 2000 *, to Mr. and Mrs. Lou Ross
addressed BOCA National Property Maintenance Code violations
under Sections PM- 301.3- Vacant Structures and Land, and 304.7 -
Roof regarding property owned at 86 Connellsville St., Dunbar, PA.
aa. The file regarding the correspondence was created on
February 18, 2000 *, at 11:26 a.m. and last written on July 7,
2000 *, at 12:57 p.m.
bb. Although titled "Borough of Dunbar" the correspondence
documented Connellsville City Hall's telephone number and
Bornstein's extension as a contact point for any questions.
*[These dates appear to be typographical errors, as the other
Stipulated Findings provide that the City computer utilized by
Bornstein was not purchased until June 18, 2003. See, Fact Findings
18-20.]
2. Correspondence dated June 28, 2003, to John Maddas, Jr.
addressed a violation of Section 302.1- Sanitation regarding property
located at 7 Chestnut Street, Dunbar, PA.
aa. The file regarding the correspondence was created on June
27, 2003, at 11:08 a.m. and last written on June 27, 2003, at
11:16 a.m. during her working hours as a Connellsville
employee.
1. The file name is documented as "Bryner -6, Pottstown."
2. Bornstein's monthly time sheet for June 2003
documents Bornstein working for Connellsville from 9
a.m. - 5 p.m. on June 27, 2003.
bb. Although titled "Dunbar Borough" the correspondence
documented Connellsville City Hall's telephone number and
Bornstein's extension as a contact point.
3. Duplicate correspondence dated June 28, 2003, to John Maddas, Jr.
addressed a violation of Section 302.1- Sanitation regarding property
located at 7 Chestnut Street, Dunbar, PA.
aa. The file regarding the correspondence was created on June
27, 2003, at 11:16 a.m. and last written on June 27, 2003, at
11:16 a.m., during Bornstein's regular hours as a Connellsville
employee.
1. The file name is documented as " Maddas."
2. Bornstein's monthly time sheet for June 2003
documents Bornstein working for Connellsville from 9
a.m. — 5 p.m. on June 27, 2003.
bb. Although titled "Dunbar Borough" the correspondence
Bornstein, 06 -070
Page 10
documented Connellsville City Hall's telephone number and
Bornstein's extension as a contact point.
4. Correspondence dated June 28, 2003, to Timothy Herring addressed
a violation of Section 302.4 -Weeds and High Grass regarding
property located at 122 Connellsville Street, Dunbar, PA.
aa. The file regarding the correspondence was created on June
27, 2003, at 10:59 a.m. and last written on June 27, 2003, at
10:59 a.m., during Bornstein's regular hours as a Connellsville
employee.
1. Bornstein's monthly time sheet for June 2003
documents Bornstein working for Connellsville from 9
a.m. — 5 p.m. on June 27, 2003.
bb. Although titled "Dunbar Borough" the correspondence
documented Connellsville City Hall's telephone number and
Bornstein's extension as a contact point.
5. Correspondence dated July 7, 2005, to Tracy Shultz addressed a
violation of Section 304.6- Exterior Walls regarding the structure
located at 37 Walnut Street, Dunbar, PA.
aa. The file regarding the correspondence was created on July 6,
2005, at 2:51 p.m. and was last written on July 6, 2005, at 2:52
p.m.
1. Bornstein's July 2005 time sheet could not be located
for review.
bb. Although titled "Dunbar Borough Board of Health" the
correspondence documented Connellsville City Hall's
telephone number and Bornstein's extension as a contact
point.
6. Correspondence dated August 30, 2005, to Chad Gales addressed
violations of Section 302.8 -Motor Vehicles and Section 307.1 -
Accumulation of Rubbish or Garbage of the Property Maintenance
Code.
aa. The file regarding the correspondence was created on August
30, 2005, at 3:00 p.m. and last written on August 30, 2005, at
3:01 p.m., during Bornstein's regular working hours as a
Connellsville employee.
1. Bornstein's monthly time sheets for August 2005
document Bornstein working for Connellsville from 9
a.m. — 5 p.m. on August 30, 2005.
bb. Although titled "Dunbar Borough Board of Health" the
correspondence documented Connellsville City Hall's
telephone number and Bornstein's extension as a contact
point.
7 Correspondence dated September 8, 2005, to David Hiles addressed
the structure at 132 Connellsville Street, Dunbar, PA as unfit for
Bornstein, 06 -070
Page 11
human habitation.
aa. The file regarding the correspondence was created on
September 8, 2005, at 3:05 p.m. and was last written on
August 2, 2006, at 2:59 p.m., during Bornstein's hours as a
Connellsville employee.
1. Bornstein's monthly time sheets for September 2005
document Bornstein working for Connellsville from 9
a.m. — 5 p.m. on September 8, 2005.
2. Bornstein's monthly time sheets for August 2006
document Bornstein working for Connellsville from 9
a.m. — 5 p.m. on August 2, 2006.
bb. Although titled "Dunbar Borough Board of Health" the
correspondence documented Connellsville City Hall's
telephone number and Bornstein's extension as a contact
point.
8. Correspondence dated June 19, 2006, to Glen Ghrist, Jr. addressed
various violations relating to a vacant structure located at 102
Connellsville Street, Dunbar, PA.
aa. The file regarding the correspondence was created on June
19, 2006, at 10:21 a.m. and was last written on June 19, 2006,
at 10:34 a.m.
1. Bornstein's monthly time sheets for June 2006
document Bornstein working for Connellsville from 9am-
5pm on June 19, 2006.
bb. Although titled "Dunbar Borough" the correspondence
documented Connellsville City Hall's telephone number and
Bornstein's extension as a contact point.
9. Undated correspondence to Hiles addressed violations of Section
110 - Demolition and Section 302.4 -Weeds regarding the structure at
132 Connellsville Street, Dunbar, PA.
aa. The file regarding the correspondence was created on June
19, 2006, at 12:59 p.m. and was last written on June 19, 2006,
at 12:59 p.m.
1. Bornstein's monthly time sheets for June 2006
document Bornstein working for Connellsville from 9
a.m. — 5 p.m. on June 19, 2006.
bb. Although titled "Dunbar Borough" the correspondence
documented Connellsville City Hall's telephone number and
Bornstein's extension as a contact point.
10. Correspondence dated June 19, 2006, to Karen Ross regarding
Stone House was incomplete.
aa. No subject /body was present in the correspondence.
Bornstein, 06 -070
Page 12
1. The file name is documented as "Letterhead."
bb. The file regarding the correspondence was created on June
19, 2006, at 10:43 a.m. and was last written on June 21, 2006,
at 1:53 p.m.
1. Bornstein's monthly time sheets for June 2006
document Bornstein working for yonnellsville from 9
a.m. — 5 p.m. on June 19 and 21 s , 2006.
cc. Although titled "Dunbar Borough Board of Health" the
correspondence documented Connellsville City Hall's
telephone number and Bornstein's extension as a contact
point.
11. Blank letterhead [noted] the title, "Dunbar Borough 47 Connellsville
Street, Dunbar, Pa 15431 Phone 628 -2020 ext. 207 Rita J.
Bornstein, Health Code Officer."
aa. No subject /body was present on the letterhead.
1. The file name is documented as "Ross & Hiles- Dunbar."
bb. The file was created on June 19, 2006, at 10:43 a.m. and was
last written on June 21, 2006, at 1:53 p.m.
1. Bornstein's monthly time sheets for June 2006
document Bornstein working for t Connellsville from 9
a.m. -5 p.m. on June 19 and 21 2006.
c. A review of Bornstein's computer revealed one document generated by
Bornstein pertaining to her employment with the City of Monongahela, during
her hours as a Connellsville employee.
1. Correspondence dated April 18, 2006, to Frank and Anna Ursits c/o
Sheila Lynch and Christopher Hastings addressed violations of
Section 302.1- Sanitation and Section 110.1- Demolition regarding
property located at 221 Union Street, Monongahela, PA.
aa. The file regarding the correspondence was created on April
18, 2006, at 10:54 a.m. and was last written on April 18, 2006,
at 12:39 p.m.
1. Bornstein's monthly timesheet for April 2006 documents
Bornstein working for Connellsville from 9 a.m. — 5 p.m.
on April 18, 2006.
d. A review of Bornstein's computer revealed one document generated by
Bornstein pertaining to the rental of property under the name of Bornstein
Rentals.
1. Correspondence dated November 23, 2004, to Mr. R. Tamblyn and
Mr. R. Hart served as an official eviction notice for failure to pay rent
when due and also for failure to pay garbage bills.
aa. The file regarding the correspondence was created on
November 23, 2004, at 4:10 p.m. and was last written on
Bornstein, 06 -070
Page 13
November 23, 2004, at 4:10 p.m.
2. The correspondence noted Bornstein and Ed Bornstein (Bornstein's
spouse) as the property owners.
aa. No specific address was documented in the correspondence.
e. A review of Bornstein's computer revealed one document generated by
Bornstein relating to West Side News, a private business owned by
Bornstein and Ed Bornstein.
1. Correspondence dated August 14, 2006, to Joseph Wisilosky at 108
Wood Street, Connellsville, PA served as formal notice of Wisilosky's
failure to respond to bad check charges.
aa. The file regarding the correspondence was created on August
2, 2005, at 10:47 a.m. and was last written on August 25,
2006, at 1:40 p.m.
1. Bornstein's monthly time sheets for August 2005
document Bornstein working for Connellsville from 9
a.m. — 5 p.m. on August 2, 2005.
2. Bornstein's monthly time sheets for August 2006
document Bornstein working for Connellsville from 9
a.m. -5 p.m. on August 25, 2006.
f. All creation dates and times associated with the correspondence discovered
on Bornstein's computer represent regular working days and regular working
hours for Connellsville employees, including Bornstein.
23. Connellsville long distance telephone service is provided through Verizon.
a. Bornstein has access to a city telephone in her private Connellsville work
office.
24. During or about September 2005, Connellsville initiated a system with Verizon
telephone service which required the use of a specific code to make toll and long
distance telephone calls.
a. Connellsville employees are assigned specific, individual codes to utilize
with the system.
1. The Controller is the only Connellsville employee with access
to /knowledge of specific code numbers assigned to other
Connellsville employees.
b. Connellsville employees must first dial a "1" then the number to be called
followed by the employee's specific code in order to place toll or long
distance telephone calls.
25. Bornstein utilized Connellsville telephones and the Connellsville facsimile machine
along with her telephone code during normal working hours in order to contact the
Monongahela City Hall in association with her employment as Health Officer.
a. Bornstein had no reason to contact the Monongahela City Hall in association
with her employment with Connellsville.
Statement End Date
CaII Date
Call Time
Number Called
April 10, 2006
03/27/06
1:14 p.m.
724 -258 -5500
03/30/06
10:25 a.m.
724 - 258 -5500
03/31/06
12:25 p.m.
724 - 258 -5500
03/31/06
3:11 p.m.
724 - 258 -5501
May 10, 2006
04/20/06
3:53 p.m.
724 - 258 -5500
04/20/06
3:57 p.m.
724 - 258 -8785
Bornstein, 06 -070
Page 14
1. Connellsville is located in Fayette County.
2. Monongahela is located in Washington County.
26. In March and April 2006, Bornstein utilized telephones and the Connellsville
facsimile machine at Connellsville City Hall to contact the Monongahela Municipal
Building in relation to her position of Health Officer with Monongahela as shown
below:
a. Telephone numbers assigned to Monongahela City Hall are (724) 258 -5500
and (724) 258 -5501.
b. The facsimile machine at Monongahela City Hall is assigned facsimile
number (724) 258 -8785.
27. Correspondence and /or documents located at South Connellsville Borough confirm
Bornstein's receipt of telephone calls in her capacity as a South Connellsville
Official at her Connellsville office, Bornstein's use of her Connellsville office
telephone number as a contact point in relation to her South Connellsville position,
and use of the Connellsville City Hall facsimile machine in relation to South
Connellsville Borough complaints /issues.
a. On February 17, 2004, then South Connellsville Borough Secretary Andrea
Doppelheuer contacted Bornstein's Connellsville office and left a message
for Bornstein regarding a complaint at 108 Hampton St.
b. On or about February 20, 2004, Doppelheuer contacted Bornstein at her
Connellsville office regarding a complaint at 1406 and 1408 Race Street.
c. Correspondence generated by Bornstein dated August 25, 2004, to Mr. and
Mrs. Charles Osler addressing violations at 2130 Second Street, South
Connellsville, PA 15425 documented Connellsville City Hall's contact
number (724- 628 -2020) along with Bornstein's office extension number (Ext.
207) in conjunction with South Connellsville Borough Municipal Building
address information.
d. A facsimile cover sheet generated by Bornstein on City of Connellsville
letterhead to Pete Casini, South Connellsville Borough Mayor, documented a
handwritten message from Bornstein to Casini on the cover sheet.
1. The two page facsimile transmission included the cover sheet and
correspondence dated October 31, 2006, from Bornstein to Leslie and
Denatta Howard regarding inspection violations at 1601 -1603
Hyndman Street.
28. Bornstein used her office telephone number with Connellsville Borough as a contact
Bornstein, 06 -070
Page 15
point in relation [to] her position with Dunbar Borough.
29. Correspondence /documents located at Dunbar Borough revealed Bornstein's use of
her Connellsville office telephone number as a contact point, use of the
Connellsville City Hall facsimile machine, and the use of Connellsville placard
notices in relation to Dunbar Borough complaints /issues.
a. Correspondence dated June 28, 2003, to Margaret Bryner addressing a
violation at 6 Pottstown Street, Dunbar, PA 15431 documented Connellsville
City Hall's contact number (724- 628 -2020) along with Bornstein's office
extension number (Ext. 207) in conjunction with Dunbar Borough Municipal
Building address information.
b. Correspondence dated August 29, 2003, to John Maddas addressing
violations at 3 Walnut Street, Dunbar, PA 15431 documented Connellsville
City Hall's contact number (724- 628 -2020) along with Bornstein's office
extension number (Ext. 207) in conjunction with Dunbar Borough Municipal
Building address information.
c. Correspondence dated June 28, 2003, to Mr. & Mrs. Owade addressing
violations at 51 Woodvale St, , Dunbar, PA 15431 documented Connellsville
City Hall's contact number (724- 628 -2020) along with Bornstein's office
extension number (Ext. 207) in conjunction with Dunbar Borough Municipal
Building address information.
d. A facsimile cover sheet generated on City of Connellsville letterhead to
"Dunbar" dated September 5 th with no year specified, documented the
transmission of seven pages of documents, including the cover sheet.
1. Included in the facsimile transmission was a register of Health and
Code work performed by Bornstein in May, June, July, and August
2003 which noted eight certified letters sent at a cost of $4.42 per
letter as well as copies of six of the letters sent.
e. Several placards stating, "NOTICE! This property unfit for Human Habitation
or Occupancy City of Connellsville By order of HEALTH DEPARTMENT
Department of Public Safety $100.00 PENALTY FOR UNAUTHORIZED
REMOVAL OF THIS NOTICE" were put by Bornstein in Bornstein's Health
Officer file at the Dunbar Municipal Building.
30. Administrative personnel at Connellsville City Hall answered and forwarded various
phone calls, forwarded various facsimile transmissions, and directed various walk -in
individuals representative of Bornstein's outside employment to Bornstein at
Connellsville City Hall during Bornstein's normal working hours with the city.
a. Individuals calling City Hall or appearing at City Hall requesting Bornstein
would identify who they were and where they were from to City Hall
personnel.
b. No documentation of telephone calls received, facsimile transmissions
received, or meetings held was maintained.
31. Connellsville is governed in accordance with the provisions of [the] Third Class City
Code.
a. Article IX of the Third Class City Code addresses general provisions relating
to city officers and employees.
Bornstein, 06 -070
Page 16
32. Article IX, Section 912 of the Third Class City Code is titled, "City Property not to be
Used by Officers for Gain" and mandates the following:
a. No portion of the property of the city is to be used for private gain by any
officer of the city, councilman, agent or employee of the city, or any
department thereof; nor shall the same be willfully used or injured, or be sold
or disposed of in any manner by any officer, councilman, agent or employee,
without the consent of the council.
b. Any person violating any provision of Section 912 is guilty of a
misdemeanor, and, upon conviction, will be sentenced to pay a fine not
exceeding five hundred dollars, or undergo imprisonment not exceeding one
year, or both at the discretion of the court.
1. Upon conviction, the offending party will be removed from office or
employment and will not be eligible for election or appointment to any
place of profit or trust under the City or any department thereof.
33. In addition to mandates set forth by Section 912 of the Third Class City Code,
Connellsville established a Code of Ethics for all Connellsville employees and
members of Authorities, Boards, and Commissions.
a. The Code of Ethics was established on May 14, 1990, by City Council under
Ordinance No. 1300.
b. The Code of Ethics was distributed by then City Clerk Marsha Bower on or
about June 20, 1990, to the following:
1. All Connellsville Employees;
2. All Connellsville Redevelopment Authority Employees;
3. All Connellsville Municipal Authority Employees;
4. All Housing Authority Employees; and
5. All members of the Authorities, Boards, and Commissions created by
City Council.
c. Bornstein's resume on file with Connellsville documents her employment as
the Connellsville Health Officer in 1990.
34. The Code of Ethics adopted by Connellsville sets forth mandates regarding the
actions of all Connellsville public officials and public employees.
a. Section 102- Findings, Subsection E of the Code sets forth those mandates
in various sub - subsections which include, in part, those listed below:
1. Public officials and public employees are to give a full day's work for
a full day's pay.
2. Public officials and public employees are to avoid conflicts of interest
and strive to avoid the appearance of conflicts of interest, not only
being above reproach, but appearing above reproach.
3. Public officials and public employees are to make no use of City
Bornstein, 06 -070
Page 17
employment or resources for private gain or political benefit for any
individual or entity or for other than official government purposes.
b. Section 301 - Violation sets forth disciplinary actions in various Subsections
which may occur as a result of violating the Code which include, in part,
those detailed below:
1. Violation of the Code by public employees and appointed officials
include [sic] the imposition of sanctions including: private formal
reprimand, written reprimand, suspension without pay (up to five
days), dismissal, and /or other types of penalties authorized by
collective bargaining agreements or statutes.
aa. Disciplinary action for violations of the Code is administered by
the Department Director, or the equivalent, of the affected
person.
2. Upon dismissal, and when warranted, the City will volunteer
appropriate information to the proper local, state, or federal
authorities for further action.
3. In addition, any violation[s] of the Code by public officials or public
employees are subject to a fine not larger than $500.00 for a first
violation, not to exceed $1,000.00 for each additional violation.
aa. Violators may be imprisoned for no longer than seventy -two
hours if in default of the monetary fines.
35. Bornstein realized a private pecuniary personal financial gain of at least $999.99
through her position of Health Officer /Code Enforcement Officer /Zoning Officer for
Connellsville as a result of utilizing her City of Connellsville office and equipment to
facilitate her secondary employment with South Connellsville Borough, Dunbar
Borough, and Monongahela as well as her private employment with West Side
News and Bornstein Rentals.
a. Bornstein utilized her Connellsville office computer to generate
correspondence for her secondary and private employment.
1. The computer utilized by Bornstein at her Connellsville office was
valued at $999.99.
2. Bornstein utilized her Connellsville office computer to generate
correspondence for her secondary and private employment during
normal working days and hours for the City of Connellsville.
aa. The time utilized by Bornstein in creating the correspondence
was done [sic] during her hours as a Connellsville employee.
b. Bornstein generated correspondence and accepted calls in relation to her
outside employment during days when she was being compensated as a full -
time City of Connellsville employee.
c. Bornstein utilized the City of Connellsville facsimile machine and telephones
during normal Connellsville working days and hours to facilitate her
secondary employment.
d. Bornstein utilized City of Connellsville time and office space to meet with
Bornstein, 06 -070
Page 18
individuals residing in her secondary employment municipalities during
regular Connellsville working hours.
36. Bornstein realized a private pecuniary benefit when she received compensation
from South Connellsville Borough and Dunbar Borough as a result of work
preformed at the office facilities and by using the telephones of Connellsville City.
37. Bornstein utilized the computer located in her Connellsville City office during the
months of February 2006 and May 2006 to facilitate the development and /or
amendment of correspondence relating to her position with South Connellsville
Borough.
a. Bornstein received $120.00 (gross) from South Connellsville Borough for
work performed during February and May 2006.
1. Bornstein receives a flat $60.00 per month retainer from South
Connellsville Borough.
38. Bornstein utilized the computer located in her Connellsville City office during the
months of June 2003, July through September 2005, and June and August 2006 to
facilitate the development and /or amendment of correspondence relating to her
position with Dunbar Borough.
a. Bornstein received $360.00 (gross) from Dunbar Borough for work
performed during June 2003, July through September 2005, and June and
August 2006.
1. Bornstein receives a flat $60.00 per month retainer from Dunbar
Borough.
THE FOLLOWING FINDINGS RELATE TO BORNSTEIN COMPLETING DUTIES
ASSOCIATED WITH HER EMPLOYMENT AS HEALTH OFFICER FOR SOUTH
CONNELLSVILLE BOROUGH AND MONONGAHELA DURING NORMAL
CONNELLSVILLE WORKING HOURS.
39. As the Connellsville Health /Code Enforcement /Zoning Officer, Bornstein is to work
Monday through Friday, 9:00 a.m. to 5:00 p.m.
a. Normal business /working hours for Connellsville employees are Monday
through Friday, 9:00 a.m. to 5:00 p.m.
40. Connellsville employees, including Bornstein, are responsible for completing hand
written time sheets to account for hours worked (See Finding No. 23).
a. Time sheets utilized document specific days and specific hours worked (i.e.
9 -5) for a one month period.
1. Time sheets utilized provide sections to account for vacation, sick,
holiday, and personal time utilized during the month.
b. Employees are responsible for providing the completed time sheet to the
City Bookkeeper for recording and processing.
41. Bornstein does not have an established work schedule in her position as Health
Officer for South Connellsville Borough or Monongahela.
a. Bornstein performs work for South Connellsville Borough and Monongahela
YEAR
GROSS PAY
HOURLY
RATE
2002
$ 30,250.00
$ 14.49
2003
$ 34,160.00
$ 16.43
2004
$ 33, 049.20
$ 15.89
2005
$ 33, 372.76
$ 16.04
2006
$ 34, 363.15
$ 16.52
Bornstein, 06 -070
Page 19
on an as- needed basis only.
b. Bornstein is to perform work for South Connellsville Borough and
Monongahela on weekends or during weekday evening hours.
42. Bornstein's daily activities are not monitored by any City employees.
a. Bornstein has no immediate reporting responsibility to any City employee
regarding her daily activities.
b. Bornstein does not consistently inform City employees of her daily itinerary
prior to leaving City Hall.
43. Although a salaried employee of the City, Bornstein received a specific hourly rate
in her positions of Health /Code Enforcement/Zoning Officer from 2002 through 2006
as shown below:
Bornstein received wages earned on the fifteenth day and last day of each
month as an employee for the City.
b. Bornstein received twenty -four equal checks annually from Connellsville
representing wages earned throughout the year in her position.
44. Bornstein is issued payment for services rendered as the Health Officer for South
Connellsville Borough, Dunbar Borough, and Monongahela at various times
throughout the year.
a. Bornstein receives a monthly retainer from South Connellsville Borough
annually near the conclusion of each year for services rendered throughout
the year.
b. Bornstein receives a flat monthly rate, paid twice per year, from Dunbar
Borough for services performed throughout the year.
c. Bornstein receives an hourly wage and mileage reimbursement from
Monongahela for services performed.
1. Bornstein receives payment from Monongahela for services rendered
once her hours worked are submitted to and processed by the City
Clerk.
a.
45. During the time frame of 2002 through 2006, Bornstein received wages (gross) in
full for her positions with Connellsville, South Connellsville Borough and
Monongahela as shown below:
a. Connellsville Year Ck No. Ck. Date Ck. Amt.
2002 Salaried Salaried Salaried
2003 Salaried Salaried Salaried
2004 Salaried Salaried Salaried
Date
Description
Hours '
City
Hours
Claimed
Leave
Utilized
Ho
Rate
Financial
Gain
Unknown
Pittsburgh Street: Junk In Yard
0.5
Unknown
Unk nown
N/A
N/A
Unknown
Reidmore Street: Junk In Yard
0.5
Unknown
Unknown
N/A
N/A
Unknown
Vine Street: Junk In Yard
0.5
Unknown
Unknown
N/A
N/A
Unknown
Magistrate Haggerty's Office
0.5
Unknown
Unk nown
N/A
N/A
03/15/02
1601 Hyndman Street: Residence
Livability
4.0
8.0
(9a -5p)
No
$14.49
$57.96
02/14/06
2126 Second Street: Sewage
Issues
0.5
8.0
(9a -5p)
No
$16.52
$8.26
04/03/06
Orientation for Monongahela
6.0
8.0
(9a -5p)
No
$16.52
$99.12
04/06
2126 Second Street: Sewage
Issues
0.5
Unknown
Unknown
N/A
N/A
09/18/06
1101/1103 West Gibson Avenue:
Demolition of Structure
1.0
8.0
(9a -5p)
No
$16.52
$16.52
09/19/06
1101/1103 West Gibson Avenue:
Demolition of Structure
1.0
9.0
(8a -5p)
No
$16.52
$16.52
Total
14.5
$198.38
Bornstein, 06 -070
Page 20
b.
c.
a.
S. Connellsville
Monongahela
2005
2006
Year
2002
2003
2004
2005
2006
Year
2006
2007
Salaried
Salaried
Ck No.
0841
0865
1052
1107
1167
Ck No.
012058
012736
Salaried
Salaried
Ck. Date
12/11/02
12/05/03
12/10/04
12/05/05
12/07/06
Ck. Date
06/30/06
06/12/07
Salaried
Salaried
Ck. Amt.
$720.00
$720.00
$720.00
$720.00
$720.00
Ck. Amt.
$362.80
$523.10
46. During the time frame of March 2002 through September 2006, Bornstein is known
to have performed services for South Connellsville Borough and the City of
Monongahela during normal City business hours of 9 a.m. - 5 p.m. valued at a
minimum of $198.38 as shown in the chart below:
Services performed on Pittsburgh, Reidmore, and Vine Streets on unknown
dates represent inspections conducted by Bornstein and South Connellsville
Police Chief Kevin Grippo.
1. Inspections conducted with Grippo occurred between the hours of 2
Bornstein, 06 -070
Page 21
p.m. - 4 p.m.
2. Exact dates of the inspections could not be determined.
b. Bornstein's appearance at Magistrate Haggerty's office was in relation to an
eviction hearing regarding a South Connellsville property.
1. The hearing was held between the hours of 9:00 a.m. and 11:00 a.m.
2. The exact date of the hearing could not be determined.
c. The inspection performed by Bornstein in April 2006 regarding the property
at 2126 Second Street represented a follow -up inspection of the property.
1. The follow -up inspection occurred between the hours of 4 p.m. -5 p.m.
2. The exact date of the follow -up inspection could not be determined.
47. Bornstein received payment of full wages from all municipalities represented
although Bornstein performed a minimum of four hours work for South Connellsville
Borough during normal Connellsville working hours in 2002 and a minimum of eight
and one -half hours work for South Connellsville Borough and Monongahela during
normal Connellsville working hours in 2006.
a. Bornstein received payment from Connellsville in 2002 and 2006 for time
utilized while performing services for South Connellsville and Monongahela.
b. Bornstein did not utilize any accrued leave to account for the hours spent in
performing services for South Connellsville Borough or Monongahela.
c. Bornstein had no authorization from any Connellsville Official to perform
duties for South Connellsville and Monongahela while simultaneously being
compensated by the City of Connellsville.
48. Between 2003 and 2006, complaints of Bornstein performing employment duties for
other Municipal entities during regular Connellsville working hours and Bornstein's
use of equipment and materials from her Connellsville office to further her
secondary employment continued.
a. As a result of the ongoing complaints, a meeting between Bornstein, Council
Member /Director of Health and Public Safety David McIntyre, and then City
Clerk David Pinkosky was held in the fall of 2006.
49. During the meeting, McIntyre issued Bornstein a written warning dated September
25, 2006, which addressed the subject of City time and resources.
a. Bornstein was instructed that, as the full time Health and Code Officer for
Connellsville, she was to work Monday through Friday, from 9:00 a.m. to
5:00 p.m. [for a total of] forty hours per week.
b. Bornstein was instructed to work only on business that pertained directly to
Connellsville during normal business hours.
c. Bornstein was instructed that any work she completed for other
municipalities must be done before or after her normal working hours on her
own time with her own resources.
Munici •alit
2001
2002
2003
2004
2005
Connellsville
12/28/2001
None
None
None
None
South Connellsville Borough
None
None
None
None
None
Dunbar Borough
None
None
None
None
None
Bornstein, 06 -070
Page 22
d. The written warning prohibited Bornstein's use of Connellsville telephones,
computers, copy machine, facsimile machine, etc. for business not related to
the [City of] Connellsville.
50. Bornstein, in her position as the Health /Code Enforcement /Zoning Officer for
Connellsville, realized a financial gain of approximately $198.38 as a result of
performing Health Officer related services for South Connellsville Borough, Dunbar
Borough, and Monongahela during normal Connellsville working hours.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BORNSTEIN
FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS IN HER PUBLIC
POSITIONS WITH THE CITY OF CONNELLSVILLE, SOUTH CONNELLSVILLE
BOROUGH, AND DUNBAR BOROUGH
51. Statement of Financial Interests filing requirements for public officials and public
employees are mandated by Section 1104 of the State Ethics Act.
a. Bornstein was required to file Statements of Financial Interests by May 1
annually in her positions with Connellsville, South Connellsville Borough,
and Dunbar Borough.
52. Bornstein was aware of the requirement to file Statements of Financial Interests
regarding her Health Officer position (at a minimum) in association with her
employment with Connellsville, South Connellsville Borough, and Dunbar Borough
since at least 2001.
a. Bornstein filed a Statement of Financial Interests in 2001 with Connellsville
in her position of Health Officer.
53. A review of /request for records at Connellsville, South Connellsville Borough, and
Dunbar Borough municipal buildings revealed the following Statements of Financial
Interests on file for Bornstein for calendar years 2001 through 2005:
a. Bornstein's 2001 calendar year Statement of Financial Interests documented
her position of Health Officer.
1. Bornstein did not complete the Political Subdivision /Agency section of
her Statement of Financial Interest[s] indicating where she held the
position of Health Officer.
2. Bornstein did not hold the position of Zoning Officer as of December
28, 2001.
b. Bornstein failed to document the Calendar Year for which the form was filed
on her 2001 calendar year Statement of Financial Interests.
c. Bornstein failed to file Statements of Financial Interests for calendar years
2002 through 2005 with Connellsville and for calendar years 2001 through
2005 for South Connellsville and Dunbar Boroughs.
Descri •tion
Financial Gain
Use of Connellsville Equipment
$ 999.99
Compensation from Dunbar Borough
$ 360.00
Compensation from South Connellsville
Borough
$ 120.00
Use of Connellsville Time
$ 198.38
Total
$1,678.37
Bornstein, 06 -070
Page 23
54. In a sworn statement provided to Commission investigators on November 16, 2007,
Bornstein indicated the following:
a. Bornstein was unfamiliar with Connellsville's Code of Ethics Policy adopted
in 1990.
b. Bornstein admitted use of the computer and telephone in her City office for
her secondary employers and for personal use on a limited basis.
c. Bornstein admitted limited use of the City facsimile machine to facilitate her
secondary employment.
d. Bornstein denied performing services for South Connellsville and
Monongahela on March 15, 2002, and April 3, 2006, while on City time.
55. Bornstein received [a] minimum private pecuniary gain of approximately $1,678.37
as a result of utilizing City of Connellsville equipment and time to facilitate her
secondary employment with South Connellsville Borough, Dunbar Borough, and
Monongahela and her private employment with West Side News and Bornstein
Rentals.
III. DISCUSSION:
As Health Officer /Code Enforcement Officer ( "Health /Code Officer ") for the City of
Connellsville ( "City ") from January 10, 2000, to the present, Respondent Rita Bornstein
(also referred to herein as "Respondent," "Respondent Bornstein," or "Bornstein ") has at all
times relevant to these proceedings been a public official /public employee subject to the
provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101
et seq.
The allegations are that Bornstein violated Sections 1103(a), 1104(a), and 1104(d)
of the Ethics Act when she, as the Health /Code Officer for the City, used the authority of
her public position for a private pecuniary gain by utilizing her office, including equipment,
materials and supplies, in support of her part -time positions as Health Code Officer for the
Borough of South Connellsville and Dunbar Borough; when she performed duties related
to these part -time positions during the same hours for which she was being compensated
as an employee of the City; and when she failed to file Statements of Financial Interests
for the 2001, 2002, 2003, 2004 and 2005 calendar years in her public positions with the
City of Connellsville, South Connellsville Borough and Dunbar Borough.
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
Bornstein, 06 -070
Page 24
65 Pa.C.S. § 1103(a).
employee shall engage in conduct that constitutes a conflict of
interest.
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
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.
Section 1104(d) of the Ethics Act provides that no public official shall be allowed to
take the oath of office, enter or continue upon his duties, or receive compensation from
public funds unless he has filed a Statement of Financial Interests as required by the
Ethics Act.
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.
Respondent Bornstein has served as the full -time Health /Code Officer for the City
from January 10, 2000, to the present. Bornstein has also served as the City Zoning
Officer since at least 2003.
The job description for Bornstein's position as the City Health /Code Officer sets
forth her general and specific duties and responsibilities. Bornstein's duties and
responsibilities as the City Health /Code Officer include, inter alia, being available for the
prompt performance of her official duties at all times; working primarily with the
interpretation and implementation of City ordinances affecting the health and safety of City
residents; making sanitary inspections and monitoring any condition associated with
environmental problems; quarantining places of communicable diseases in accordance
with the law; issuing and signing all licenses to appropriate businesses and organizations;
reporting any conditions found to be detrimental to public health; and exercising
Bornstein, 06 -070
Page 25
professional judgment and discretion in executing and administering all policies, plans,
rules, and regulations adopted by the City Board of Health ( "Board of Health ").
The City follows the provisions of the Third Class City Code in relation to City
governance. Article IX, Section 912 of the Third Class City Code, titled "City Property not
to be Used by Officers for Gain," provides in pertinent part that "[n]o portion of the property
of the city is to be used for private gain by any officer of the city, councilman, agent or
employee of the city, or any department thereof; nor shall the same be willfully used or
injured, or be sold or disposed of in any manner by any officer, councilman, agent or
employee, without the consent of the council." (Fact Finding 32a).
In addition to the mandates of Section 912 of the Third Class City Code,
Connellsville established a Code of Ethics for all Connellsville employees and members of
Authorities, Boards, and Commissions. The City Code of Ethics was established by City
Ordinance on May 14, 1990. On June 20, 1990, the City Clerk distributed the City Code of
Ethics to all City employees and various other individuals covered by the City Code of
Ethics. Bornstein's resume on file with the City documents that she was employed as the
City Health Officer in 1990.
The City Code of Ethics sets forth mandates regarding the actions of all City public
officials and public employees. Per the City Code of Ethics, public officials and public
employees are to: give a full day's work for a full day's pay; avoid conflicts of interest and
strive to avoid the appearance of conflicts of interest; and make no use of City employment
or resources for private gain or political benefit for any individual or entity or for other than
official government purposes.
The City is governed by a five - member board consisting of four council members
and a mayor. City Hall is located at 110 North Arch Street in the City. The main telephone
number for City Hall is also the facsimile number for City Hall. City employees have
specific extension numbers assigned to their work stations /offices.
Bornstein maintains an office at City Hall in relation to the performance of her duties
as Health /Code Officer and Zoning Officer. In her office, Bornstein has access to and
utilizes various pieces of equipment and supplies that are owned /purchased by the City,
including a computer, printer, and telephone. Bornstein has a specific telephone extension
for her office but does not have a separate facsimile machine or copier in her office.
As a full -time, salaried City employee, Bornstein works a regular schedule of 9:00
a.m. to 5:00 p.m., with a paid one -hour lunch period, from Monday through Friday.
Bornstein is permitted to flex her lunch hour to accommodate her daily work schedule and
to flex her starting time in the morning if she worked past her normal working hours the
previous day. In her position, Bornstein accrues vacation, personal, and sick time but
does not accrue compensatory time on an on -going basis to be utilized at a future date.
City employees, including Bornstein, are responsible for completing monthly
handwritten time sheets to document specific dates and hours worked during the period.
The time sheets note the range of hours worked each day but do not document a specific
description of the activities that were performed. When an employee intends to use
vacation, personal, or sick leave, the employee is to notify the City Clerk or Administrative
Secretary, who then forwards the leave usage to the City Bookkeeper for recording and
processing.
Although Bornstein reports to the Board of Health as the City Health Officer and to
the City Director of Public Safety as the City Code Enforcement Officer, no City
representatives directly oversee or monitor Bornstein's daily activities. Bornstein has
autonomy over her daily activities and appears at and leaves her City Hall office at various
times during her normal work hours. Bornstein does not consistently inform City
Bornstein, 06 -070
Page 26
employees of her daily itinerary.
In addition to her employment with the City, Bornstein serves on a part -time, as
needed basis as the Health Officer for three other municipalities: South Connellsville
Borough ( "South Connellsville "); Dunbar Borough ( "Dunbar"); and the City of Monongahela
( "Monongahela ").
Bornstein has been employed by South Connellsville since May 1994 and by
Dunbar since approximately March 2002. Currently, Bornstein receives a flat retainer of
$60.00 per month from each of the aforesaid Boroughs for services rendered, which
retainers account for Bornstein's salary and all accrued expenses. South Connellsville
typically issues its retainer each December, while Dunbar typically issues its retainer twice
per year.
Since April 3, 2006, Bornstein has been employed by Monongahela as an
independent contractor on a part -time basis. Per her agreement with Monongahela,
Bornstein's compensation rate is $15.00 per hour and her mileage reimbursement rate is
$0.40 per mile.
Bornstein does not maintain an independent office in South Connellsville, Dunbar,
or Monongahela, and her sole office is located at City Hall. In 2002, the City Director of
Health and Public Safety received complaints that Bornstein was working in other
municipalities during her regular City work hours. As a result of these concerns, Bornstein
was informed that she was expected to complete daily logs to document her time, mileage,
and telephone calls.
On June 18, 2003, the City purchased a desktop computer, at a cost of $999.99, for
use by the City Health /Code Officer. Bornstein used the City computer in her office at City
Hall while performing her duties as the City Health /Code Officer and Zoning Officer.
Bornstein also routinely utilized the City computer to perform duties related to her
employment with the other municipalities, as she did not own a personal computer. City
officials did not authorize Bornstein to utilize City equipment for her supplemental
employment or other personal purposes.
As revealed by the hard drive of the City computer, between June 2003 and August
2006, Bornstein utilized the City computer and floppy disks to generate correspondence
pertaining to her supplemental employment with South Connellsville, Dunbar, and
Monongahela, as well as to her private matters.
During the aforesaid time period, Bornstein utilized the City computer to create
and /or amend eleven letters relating to her employment with Dunbar, as detailed in Fact
Finding 22 and various of its subparagraphs. The letters were generated between June
2003 and August 2006. The letters were addressed to various individuals and concerned
issues related to Bornstein's employment as Dunbar's Health Officer, including code
violations at various properties located in Dunbar. Ten of the eleven letters identified the
telephone number of City Hall and Bornstein's extension number as a contact point, even
though the letters were titled "Dunbar Borough" or "Dunbar Borough of Health."
Bornstein also utilized the City computer to create two letters in or about February
2006 and one letter in May 2006 pertaining to her employment with South Connellsville.
These three letters concerned conditions at properties located in South Connellsville.
In April 2006, Bornstein used the City computer to create one letter pertaining to her
employment with Monongahela, which letter concerned code violations at a property
located in Monongahela.
In addition to the above, Bornstein used the City computer to generate two
Bornstein, 06 -070
Page 27
documents pertaining to private matters. In November 2004, Bornstein created a
document that served as an official eviction notice for a property rented under the name of
Bornstein Rentals. In August 2006, Bornstein created a document relating to West Side
News, a private business owned by Bornstein and her spouse, Ed Bornstein, which
document served as formal notice of an individual's failure to respond to bad check
charges.
The parties have stipulated that all creation dates and times associated with the
above correspondence discovered on Bornstein's computer represent regular working
days and regular working hours for City employees, including Bornstein. The Stipulated
Findings set forth those instances where Bornstein's monthly time sheets document that
she was working for the City on the dates and at the times that the letters were generated.
In addition to using the City computer to generate the above documents, Bornstein
used her City Hall office telephone and the City Hall facsimile machine in connection with
her secondary employment. During Bornstein's normal City work hours, City Hall staff
forwarded to Bornstein various phone calls and facsimile transmissions representative of
Bornstein's outside employment. In February 2004, the South Connellsville Borough
Secretary contacted Bornstein at her City Hall office regarding complaints at properties in
South Connellsville.
Correspondence generated by Bornstein in June 2003, August 2003, and August
2004, in connection with her positions as Health Officer with South Connellsville and
Dunbar, listed City Hall's telephone number and Bornstein's office extension number as
Bornstein's contact information. In March 2006 and April 2006, Bornstein used telephones
and the facsimile machine at City Hall to contact the Monongahela City Hall in relation to
her position as the Monongahela Health Officer.
During the time frame of March 2002 through September 2006, Bornstein performed
services for South Connellsville and Monongahela during her normal City work hours, as
detailed in Fact Finding 46. Bornstein performed a minimum of four hours of work for
South Connellsville in 2002 and a minimum of eight and one -half hours of work for South
Connellsville and Monongahela in 2006, all during her normal City work hours. Bornstein
did not utilize any accrued leave to account for the hours spent performing services for
South Connellsville and Monongahela and was paid by the City for those hours. No City
official authorized Bornstein to perform duties for South Connellsville and Monongahela
while simultaneously receiving compensation from the City.
In the fall of 2006, the City Clerk and David Maclntyre, a City Council Member and
Director of Health and Public Safety, met with Bornstein because of continuing complaints
that Bornstein was using City time, equipment and materials to perform duties related to
her secondary employment. Bornstein was issued a written warning and was instructed
that any work she completed for other municipalities must be done before or after her
normal working hours, on her own time, and with her own resources.
In a sworn statement provided to Commission investigators on November 16, 2007,
Bornstein admitted to limited use of the City computer, the City facsimile machine, and the
telephone in her City office for her secondary employment and for personal use. Bornstein
indicated that she was unfamiliar with the City Code of Ethics adopted in 1990.
The parties have stipulated that Bornstein received a minimum private pecuniary
gain of approximately $1,678.37 as a result of utilizing City equipment and time for the
aforesaid private purposes. See, Fact Finding 55.
Turning to the Fact Findings pertaining to Bornstein's Statements of Financial
Interests, the parties have stipulated that Bornstein was required to file Statements of
Financial Interests by May 1 St annually in her positions as Health Officer with the City,
Bornstein, 06 -070
Page 28
South Connellsville, and Dunbar. The parties have further stipulated that Bornstein failed
to file Statements of Financial Interests for calendar years 2002, 2003, 2004, and 2005
with the City and Statements of Financial Interests for calendar years 2001, 2002, 2003,
2004, and 2005 with South Connellsville and Dunbar. Although Bornstein filed a
Statement of Financial Interests with the City on December 28, 2001, she failed to list the
calendar year for which the form was filed and did not list the political subdivision /agency
where she held the position of Health Officer.
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 a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a),
occurred in relation to Bornstein, as Connellsville City
Health Code Officer, utilizing her office including
equipment, materials and [sic] in support of her part -
time positions as Health Code Officer for the Borough
of South Connellsville and Dunbar Borough; and
b. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a),
occurred when Bornstein performed duties related to
these part -time positions during the same hours for
which she was being compensated as an employee of
the City of Connellsville; and
c. That a violation of Section 1104(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1104(a),
occurred when Bornstein failed to file Statements of
Financial Interests for 2001, 2002, 2003, 2004 and
2005 calendar years in her public positions with South
Connellsville Borough and Dunbar Borough and failed
to file Statements of Financial Interests for 2002, 2003,
2004 and 2005 calendar years, in her public position
with the City of Connellsville.
4. Bornstein agrees to make payment in the amount of $2,928.37 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission. The Investigative Division agrees to accept a payment
plan of nine (9) payments of $300 and one (1) payment of $228.37.
Said payments to begin 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
Bornstein, 06 -070
Page 29
so choose to review this matter further.
Consent Agreement, at 1 -2. Per the Consent Agreement, Bornstein has accepted the
Consent Agreement solely for purposes of resolving this matter. Id. at 2.
In considering the Consent Agreement, we agree with the parties that a violation of
Section 1103(a) of the Ethics Act occurred when, as City Health /Code Officer, Bornstein
utilized her office, including equipment and materials, in support of her part -time positions
as Health Code Officer for South Connellsville and Dunbar. There were uses of authority
of office on the part of Bornstein. But for the fact that Bornstein is the City Health /Code
Officer, she would not have been in a position to use the City computer, telephones, and
facsimile machine to perform duties related to her positions as Health Officer for South
Connellsville and Dunbar. By utilizing City equipment and materials for her secondary
employment, Bornstein obtained a financial gain by not having to pay such expenses out -
of- pocket. Further, the pecuniary benefits were private. There was no authorization in law
permitting Bornstein to utilize City equipment and materials for such purposes. To the
contrary, such actions were specifically prohibited. See, Fact Findings 32a, 34a.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in
relation to Bornstein, as City Health /Code Officer, utilizing her office, including equipment
and materials, in support of her part -time positions as Health Code Officer for South
Connellsville and Dunbar.
Turning to the second recommended violation submitted by the parties, we agree
that a violation of Section 1103(a) of the Ethics Act occurred when Bornstein performed
duties related to her part -time positions with South Connellsville and Dunbar during the
same hours for which she was being compensated as an employee of the City. Given that
Bornstein is the City Health /Code Officer, she was in a position to utilize City equipment
and supplies during normal work hours to create letters relating to her employment with
Dunbar and South Connellsville. Bornstein chose not to submit leave to the City Clerk for
the hours that she spent performing work for South Connellsville and Dunbar in 2002 and
2006 during her normal City work hours. Lastly, Bornstein accepted pay from the City for
hours during which she was performing work related to her positions with South
Connellsville and Dunbar. All such actions were uses of authority of office. Such uses of
authority of office resulted in private pecuniary benefits to Bornstein consisting of the
compensation that she received for performing duties related to her positions with South
Connellsville and Dunbar during the same hours for which she was being compensated as
a City employee. Lastly, there was no authorization in law permitting Bornstein to receive
compensation for performing work related to her secondary employment while receiving
compensation for her normal City work hours.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred
when Bornstein performed duties related to her part -time positions with South Connellsville
and Dunbar during the same hours for which she was being compensated as an employee
of the City.
Finally, the parties have recommended that we find that a violation of Section
1104(a) of the Ethics Act occurred when Bornstein failed to file Statements of Financial
Interests for the 2001, 2002, 2003, 2004 and 2005 calendar years in her public positions
with South Connellsville and Dunbar, and when Bornstein failed to file Statements of
Financial Interests for the 2002, 2003, 2004 and 2005 calendar years, in her public
position with the City. It is clear that as City Health /Code Officer, Bornstein is a public
employee subject to the Ethics Act and in particular, the requirement to file Statements of
Financial Interests. Although the Stipulated Findings do not provide particular facts as to
whether Bornstein's relationship with South Connellsville or Dunbar is as an employee or
independent contractor, it is clear that the parties are in agreement that in those
capacities, Bornstein is a public official /public employee subject to the Ethics Act. The
Bornstein, 06 -070
Page 30
parties have stipulated that Bornstein failed to file Statements of Financial Interests for
calendar years 2002, 2003, 2004, and 2005 with the City and Statements of Financial
Interests for calendar years 2001, 2002, 2003, 2004, and 2005 with South Connellsville
and Dunbar.
Accordingly, we hold that a violation of Section 1104(a) of the Ethics Act occurred
when Bornstein failed to file Statements of Financial Interests for the 2001, 2002, 2003,
2004 and 2005 calendar years in her public positions with South Connellsville and Dunbar,
and when Bornstein failed to file Statements of Financial Interests for the 2002, 2003, 2004
and 2005 calendar years in her public position with the City.
As for the portions of the allegations involving Section 1104(d) of the Ethics Act, it
appears that the Investigative Division in the exercise of its prosecutorial discretion has
elected to non pros this allegation.
As part of the Consent Agreement, Bornstein has agreed to make payment in the
amount of $2,928.37 in settlement of this matter as follows: nine (9) payments of $300 and
one (1) payment of $228.37, with said payments made payable to the Commonwealth of
Pennsylvania and forwarded to this Commission. The aforesaid payments are to begin
within thirty (30) days of the issuance of this adjudication and Order.
Although the amount of restitution recommended by the parties is greater than the
stipulated private pecuniary benefit received by Respondent Bornstein in violation of
Section 1103(a) of the Ethics Act, the parties have entered into a comprehensive Consent
Agreement with the benefit of legal counsel to assist them in weighing all relevant factual
and legal considerations, and the parties are in agreement that the appropriate amount of
restitution for this case is $2,928.37. We shall accept the parties' recommendation.
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, Bornstein is directed to make payment in
the amount of $2,928.37, as follows: nine (9) payments of $300 and one (1) payment of
$228.37, with said payments made payable to the Commonwealth of Pennsylvania and
forwarded to this Commission. The aforesaid payments are to begin within thirty (30) days
of the issuance of this adjudication and Order.
The Consent Agreement and Stipulation of Findings do not indicate whether
Bornstein has now filed Statements of Financial Interests with South Connellsville and
Dunbar for calendar years 2001, 2002, 2003, 2004, and 2005, or filed Statements of
Financial Interests with the City for calendar years 2002, 2003, 2004, and 2005.
Therefore, to the extent Bornstein has not already done so, Bornstein is directed to file
Statements of Financial Interests with South Connellsville and Dunbar for calendar years
2001, 2002, 2003, 2004, and 2005, and to file Statements of Financial Interests with the
City for calendar years 2002, 2003, 2004, and 2005, 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. As Health Officer /Code Enforcement Officer ( "Health /Code Officer ") for the City of
Connellsville ( "City ") from January 10, 2000, to the present, Respondent Rita
Bornstein, 06 -070
Page 31
Bornstein ( "Bornstein ") has at all times relevant to these proceedings been a public
official /public employee subject to the provisions of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Bornstein, as City Health /Code Officer, violated Section 1103(a) of the Ethics Act
when she utilized her office, including equipment and materials, in support of her
part -time positions as Health Code Officer for the Borough of South Connellsville
( "South Connellsville ") and Dunbar Borough ( "Dunbar ").
3. Bornstein violated Section 1103(a) of the Ethics Act when she performed duties
related to her part -time positions with South Connellsville and Dunbar during the
same hours for which she was being compensated as an employee of the City.
4. Bornstein 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 her public positions with South Connellsville and Dunbar and failed to file
Statements of Financial Interests for the 2002, 2003, 2004 and 2005 calendar years
in her public position with the City.
In Re: Rita Bornstein,
Respondent
ORDER NO. 1463
File Docket: 06 -070
Date Decided: 4/28/08
Date Mailed: 5/15/08
1 Rita Bornstein ("Bornstein "), a public official /public employee in her capacity as
Health Officer / ode Enforcement Officer ( "Health /Code Officer ") for the City of
Connellsville ( "City ") from January 10, 2000, to the present, violated Section
1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §
1103(a), when she utilized her office, including equipment and materials, in support
of her part -time positions as Health Code Officer for the Borough of South
Connellsville ( "South Connellsville ") and Dunbar Borough ( "Dunbar ").
2. Bornstein violated Section 1103(a) of the Ethics Act when she performed duties
related to her part -time positions with South Connellsville and Dunbar during the
same hours for which she was being compensated as an employee of the City.
3. Bornstein 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 her public positions with South Connellsville and Dunbar and failed to file
Statements of Financial Interests for the 2002, 2003, 2004 and 2005 calendar years
in her public position with the City.
4. Per the Consent Agreement of the parties, Bornstein is directed to make payment
in the amount of $2,928.37 as follows: nine (9) payments of $300 and one (1)
payment of $228.37, with said payments made payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics Commission, and
with said payments beginning within thirty (30) days of the issuance of this Order.
5. To the extent Bornstein has not already done so, Bornstein is directed to file
Statements of Financial Interests with South Connellsville and Dunbar for calendar
years 2001, 2002, 2003, 2004, and 2005, and to file Statements of Financial
Interests with the City for calendar years 2002, 2003, 2004, and 2005, 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.
6. Compliance with Paragraphs 4 and 5 above will result in the closing of this case
with no further action by this Commission; non - compliance will result in the
institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair