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HomeMy WebLinkAbout1486 Complainant AIn Re: Complainant A File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Paul M. Henry Raquel K. Bergen Nicholas A. Colafella ID # 07 -076 LD # 07- 076 -WUA Order No. 1486 9/22/08 10/10/08 The Investigative Division of the State Ethics Commission conducted an investigation regarding a possible wrongful use of act and breach of confidentiality under the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1101 et seq., by the above - named "Complainant." Written notice of the specific allegations was served at the commencement of the investigation. Upon completion of the investigation, the Investigative Division issued and served upon Complainant a Findings Report identified as an "Investigative Complaint," which constituted the Investigation Division's Complaint against the Complainant. 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. Upon issuance, the portion of this adjudication and Order pertaining to wrongful use of the Ethics Act shall constitute the "preliminary determination" of this Commission as to wrongful use of the Ethics Act. Per the Commission Regulations at 51 Pa. Code § 25.3(d), this Commission shall notify the Complainant and the "Subjects" (the persons against whom the original Complaints were filed) of the Commission's preliminary determination in this case. If no appeal is filed with this Commission within thirty days after the mailing date noted above, the preliminary determination will become absolute, will constitute the final determination of this Commission as to wrongful use of the Ethics Act (51 Pa. Code § 25.4), and will be made available in redacted form as a public document. If the final determination of this Commission is that the Complainant has wrongfully used the Ethics Act, then upon receiving a written request from a Subject, this Commission shall provide to such Subject the name and address of the Complainant, together with a copy of the final determination of this Commission in redacted form. 65 Pa.C.S. § 1110(c). The files in this case will remain confidential in accordance with Section 1108 of the Ethics Act, 65 Pa.C.S. § 1108. Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 2 I. ALLEGATIONS: That Complainant A, a private citizen, violated Sections 1108(1), 1108(k) and 1110(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1108(1), 1108(k) and 1110(a) when he filed complaints with the State Ethics Commission without probable cause and made primarily for a purpose other than reporting a violation of the Act by filing complaints against officials of Commonwealth Department B knowing that the complaints were without cause and without sufficient evidence, and when he publicly disclosed or caused to be disclosed that complaints against the public officials and /or public employees had been filed with the State Ethics Commission. II. FINDINGS: 1. On [date], the Investigative Division of the State Ethics Commission received signed sworn complaints alleging that Individual C, [title] for Commonwealth Department B, Individual D, [title] for Commonwealth Department B, and Individual E, [title] for Commonwealth Department B, violated provisions of the State Ethics Act in their official capacities as employees of Commonwealth Department B. a. The notarized complaints were signed by Complainant A. 2. The complaints were filed on Form SEC -3 5/90, which contains instructions for filing and provisions of the law related to investigations. a. Included is information regarding the confidentiality [and wrongful use of act] provisions of the Ethics Act as stated in Section 1108(k), Section 1109 and Section 1110 [of the Ethics Act]. b. Any person filing a complaint with the State Ethics Commission has ample notice of the following provisions* of the Ethics Act [as summarized below]: Section 1108 (k) As a general rule, no person shall disclose or acknowledge, to any other person, any information relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which is before the commission. However, a person may disclose or acknowledge to another person matters held confidential in accordance with this subsection when the matters pertain to any of the following: (1) final orders of the commission as provided in subsection (h); (2) hearings conducted in public pursuant to subsection (g); (3) for the purpose of seeking advice of legal counsel; (4) filing an appeal from a commission order; (5) communicating with the commission or its staff, in the course of a preliminary inquiry, investigation, hearing or petition for reconsideration by the commission; (6) consulting with a law enforcement official or agency for the purposes of initiating, participating in or responding to an investigation or prosecution by the law enforcement official or agency; Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 3 (7) (8) (9) testifying under oath before a governmental body or a similar body of the United States of America; any information, records or proceedings relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which the person is the subject of; or such other exceptions as the commission, by regulation, may direct. Section 1109 (a) Any person who violates the confidentiality provision(s) of a commission proceeding pursuant to Section [110]8, is guilty of a misdemeanor and shall be fined not more than $1,000 or imprison[ed] for not more than one year, or be both fined and (b) Imprisoned. Any person who engages in retaliatory activity proscribed by Section 1108(j) is guilty of a misdemeanor and, in addition to any other penalty provided by law, shall be fined not more than $1,000 or imprison[ed] for not more than one year, or both fined and imprisoned. Any person who willfully affirms or swears falsely in regard to any material matter before a commission proceeding pursuant to Section [110]8 is guilty of a felony and shall be fined no more than $5,000 or imprisoned for not more than five years, or both fined and imprisoned. Section 1110 (a) A person who signs a complaint alleging a violation of this act against another is subject to liability for wrongful use of this act if: (1) the complaint was frivolous, as defined by this act, or without probable cause and made primarily for a purpose other than that of reporting a violation of this act; or (2) he publicly disclosed or caused to be disclosed that a complaint against a person had been filed with the commission. (b) A person who signs a complaint alleging a violation of this act has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based and either: (1) reasonably believes that under those facts the complaint may be valid under this act; or (2) believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all the relevant facts within his knowledge and information. *[The Sections of the Ethics Act summarized in Finding 2b are at 65 Pa.C.S. §§ 1108(k), 1109(e), and 1110.] 3. Complainant A alleged the following in the complaints he filed with the State Ethics Commission against Individual C, Individual D, and Individual E: Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 4 a. Individual C: 1. Used his office and influence to win favors for family members. 2. Directed and administered a system of corruption, cronyism and willful mismanagement constituting waste and fraud. 3. Directed and oversaw a "wall of secrecy" in the negotiation of contracts at the detriment of F businesses in exchange for political favors and /or perks. 4. Directed and oversaw the "slacking" of people who shared Individual C's political views in violation of the law and at the detriment of F businesses. 5. Directed and administered practices and policies that prohibited F businesses from gaining full access to Commonwealth contracts and grants in exchange for perks. 6. Rewarded political supporters in G with promotions, perks and /or benefits /favors in exchange for tracking G documents. 7. Used his office and position to help "selective" [sic] Hs obtain grants and contracts in return for kickbacks (vacations, golf, meals, monies). b. Individual D and Individual E: 1. Directed and administered practices and policies that intentionally prohibited F businesses from gaining full access to Commonwealth contracts and grants in violation of the law in return for monies and /or perks. 2. Used their offices and positions to help "selective" [sic] Hs obtain grants and contracts in exchange for monies and /or perks. 3. Directed and administered a system of corruption, fraud, waste and willful mismanagement in return for kickbacks and /or favors /perks (vacations, golf, meals, monies, homes, etc.). 4. Used their offices and positions to reward employees (promotions, perks and /or favors) who shared same political views. 5. Directed the negotiation of contracts behind a "wall of secrecy" (F businesses). 6. Administered and oversaw the stacking of the 1 Committee (evaluation, negotiation, etc.) with people who shared same political views at the detriment of F businesses. 7 Ignored the law and ethical standards to award /steer Commonwealth monies (grants and contracts) to desired Hs (inflated contracts) in exchange for monies and /or perks (promotion). 4. Complainant A did not provide sufficient documentation or make sufficient specific reference to any action or event within the complaints he filed against the Commonwealth Department B employees. Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 5 5. On April 2, 2007, John Contino, Executive Director of the State Ethics Commission, advised Complainant A by letter that the complaints filed against Individual E, Individual D, and Individual C failed to provide sufficient specific information to allow a determination as to whether these matters should be further processed and as such no investigation would be commenced. a. A copy of the Guide to the Ethics Act explaining jurisdiction was enclosed with the letter sent to Complainant A. 6. On April 5, 2007, Complainant A faxed copies of the complaints he filed with the State Ethics Commission against Individual E, Individual D, and Individual C to Public Official J, [title] of Commonwealth Department B. a. Complainant A's cover letter faxed to Public Official J identified that the nature of the fax was the Ethics complaint on F businesses. 7 On [date], Public Official J assigned Individual K, [title] for Public Official J, to provide a status report regarding Complainant A's complaint by [date]. 8. An internal Commonwealth Department B inquiry failed to substantiate any of the allegations made by Complainant A against Individual D, Individual E, and Individual C. 9. The following information was developed by Commonwealth Department B regarding the allegations made by Complainant A in the complaints ComplainantA filed with the State Ethics Commission against Individual C, Individual D, and Individual E. a. Individual C had no involvement in the hiring of his son, Individual L, as an M with Commonwealth Department B. 1. Individual L was hired by the N Office. b. Under the supervision of Individual C and Individual D at Commonwealth Department B, contracts negotiated by the 0 Bureau with Commonwealth Department B saved the Commonwealth of Pennsylvania approximately [dollar amount] in [year] and [year]. c. Based upon the leadership of Individual C and Individual D, Commonwealth Department B increased the percentage of F business firms with Commonwealth Department B contracts to over [number] %. 1. This was considered one of the highest rates achieved by any state agency or department in the Commonwealth of Pennsylvania. d. Individual C was responsible for selecting Individual P of [name of firm] as a consultant to assist Commonwealth Department B in increasing the number of state contracts for F business firms. e. Individual Q, [title] for Commonwealth Department R considered Individual C and Individual D to be the leaders of all state agencies for increasing the number of contracts for F business firms. f. Individual D and Individual E were not involved in the selection process for the !Committees that were established by Commonwealth Department B to Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 6 g. a. b. III. DISCUSSION: select Hs with state contracts. Individual C, Individual D, and Individual E did not receive any gifts, meals, or monies in exchange for approving any contracts. 10. Complainant A was employed by Commonwealth Department B as a [title], Probationary Civil Service Status, with Bureau S from [date], until [date]. a. Complainant A was suspended on [date], pending an investigation by the T Division for Commonwealth Department B for alleged falsification of the U System on [date]. 11. On [date], Complainant A was removed as a [title] with Commonwealth Department B effective the close of business on [date]. Commonwealth Department B cited the following reasons for Complainant A's dismissal: Unsatisfactory Performance during Probationary Period. Falsification of the U System. 12. On [date], the same date that Complainant A filed the complaints with the State Ethics Commission, Complainant A had an appeal hearing with the Pennsylvania Civil Service Commission at the Strawberry Square Complex in Harrisburg, Pennsylvania, regarding his removal as a [title] with Commonwealth Department B. a. The hearing was held to determine if Complainant A was removed as an employee of Commonwealth Department B for discrimination, in violation of Section 905.1 of the Civil Service Act. 1. On [date], the Civil Service Commission dismissed Complainant A's appeal, finding that he failed to present evidence that established his removal was due to discrimination. 13. Complainant A disclosed that he filed complaints with the Ethics Commission [Investigative Division] against Commonwealth Department B employees Individual C, Individual D, and Individual E when he faxed copies of the complaints to Commonwealth Department B Public Official J on April 5, 2007. a. Complainant A's disclosure to Public Official J violated Section 1108(k) of the Public Official and Employee Ethics Act, in that he disclosed the filing of the complaint to another person. b. Complainant A's disclosure to Public Official J did not violate Section 1110(a)(2) of the Public Official and Employee Ethics Act, in that he only disclosed the filing of the complaint to one individual. (See In Re Complainant A, Order No. 1407 -2). 14. The complaints filed by Complainant A with the State Ethics Commission against Commonwealth Department B employees Individual C, Individual D, and Individual E violated Section 1110(a)(1) [as the complaints] contained no information which would corroborate the allegations and made no reference to any specific actions of any of the Commonwealth Department B officials that would suggest a violation of the Ethics Act. Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 7 Complainant A is a private citizen who, on [date], filed complaints with this Commission alleging violations of the Ethics Act by the following individuals employed with Commonwealth Department B: Individual C, [title]; Individual D, [title]; and Individual E, [title]. As a Complainant, Complainant A is subject to the confidentiality and wrongful use of act provisions of the Ethics Act, 65 Pa.C.S. §§ 1108(k) and 1110. The allegations before us are that Complainant A violated Sections 1108(1), 1108(k), and 1110(a) of the Ethics Act, 65 Pa.C.S. §§ 1108(1), 1108(k), and 1110(a), when he filed complaints with this Commission without probable cause and primarily for a purpose other than reporting a violation of the Ethics Act by filing complaints against officials of Commonwealth Department B while knowing that the complaints were without cause and without sufficient evidence, and when he publicly disclosed or caused to be disclosed that complaints against the aforesaid public officials and /or public employees had been filed with this Commission. Section 1108(1) of the Ethics Act, pertaining to frivolous complaints and wrongful disclosure, provides that if a public official /public employee has reason to believe: (1) a complaint is frivolous as defined in the Ethics Act; (2) a complaint is without probable cause and made primarily for a purpose other than that of reporting a violation of the Ethics Act; or (3) a person publicly disclosed or caused to be disclosed that a complaint against the public official /public employee has been filed with this Commission, the public official /public employee shall notify this Commission and this Commission through its executive director shall conduct an investigation. Section 1108(k) of the Ethics Act provides in part that no person shall disclose or acknowledge to any other person any information relating to a complaint, preliminary inquiry, investigation, hearing or reconsideration petition which is before this Commission. Section 1108(k) of the Ethics Act and Section 21.6 of this Commission's Regulations, 51 Pa. Code § 21.6, further provide for certain exceptions to the confidentiality requirements, which exceptions are not relevant to this case. Section 1110(a)(1) of the Ethics Act provides that a wrongful use of the Ethics Act occurs: (1) if a complaint was frivolous, that is, filed in a grossly negligent manner without basis in law or fact; or (2) if a complaint was filed without probable cause and was made primarily for a purpose other than reporting an Ethics Act violation. Section 1110(a)(2) of the Ethics Act provides that a wrongful use of the Ethics Act occurs when a complainant publicly discloses or causes to be publicly disclosed that a complaint against a person has been filed with this Commission. Public disclosure requires the divulging of the complaint to two or more people. In Re: Complainant A, Order 1469; In Re: Complainant A, Order 1407 -2. 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. Complainant A was employed by Commonwealth Department B as a [title], Probationary Civil Service Status, beginning [date]. On [date], Complainant A was suspended from his position with Commonwealth Department B. Complainant A was ultimately removed from his position with Commonwealth Department B effective [date], on the grounds of unsatisfactory job performance during the probationary period and falsification of the U System. On [date], the Investigative Division of this Commission received sworn complaints (hereinafter, the Complaints ") filed by Complainant A against Individual C, Individual D, and Individual E in their official capacities as employees of Commonwealth Department B. Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 8 The Complaints had been notarized. The Complaints filed by Complainant A against Individual C, Individual D, and Individual E alleged, inter alia, that the individuals directed and administered a system of corruption, cronyism, and willful mismanagement; used their offices and positions to help certain Hs obtain Commonwealth grants and contracts in return for kickbacks such as, for example, vacations, meals, or monies; used their offices and positions to reward political supporters or employees sharing the same political views; directed and administered practices and policies that prohibited F businesses from gaining full access to Commonwealth contracts and grants in exchange for perks and /or monies; and directed the negotiation of contracts behind a "wall of secrecy" or took other actions to the detriment of F businesses. The Complaints filed by Complainant A contained no information to corroborate Complainant A's allegations and made no reference to any specific actions of Individual C, Individual D, or Individual E that would suggest any violation of the Ethics Act. On April 2, 2007, this Commission's Executive Director advised Complainant A by letter that no investigation(s) would be commenced, noting that the Complaints failed to provide sufficient specific information to allow a determination as to whether the matters referenced in the Complaints should be further pursued. On April 5, 2007, Complainant A faxed to Public Official J, [title] of Commonwealth Department B, copies of the Complaints together with a cover letter identifying the nature of the fax as pertaining to Ethics complaint(s). Complainant A did not disclose to any other individual(s) that he had filed the Complaints with this Commission. 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 1110(a)(1) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1110(a)(1), occurred when Complainant A filed complaints with the State Ethics Commission against officials of Commonwealth Department B in a grossly negligent manner. b. That a violation of Section 1108(k) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1108(k), occurred when Complainant A disclosed or caused to be disclosed to another person that complaints against the public officials and /or public employees had been filed with the Commission. c. That no violation of Section 1110(a)(2) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1110(a)(2), occurred when Complainant A disclosed or caused to be disclosed that complaints against the public officials and /or public employees had been filed with the Commission, since that disclosure was not a Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 9 public disclosure. d. That allegations arising from Section 1108(1) of the Public Official and Employee Ethics Act, 65 Pa.C.S. 1108(1), are hereby nol pros[sed] in that actions under Section 1108(1) do not [constitute] a violation of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1101 et seq. 4. Complainant A agrees to make payment in the amount of $500.00 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. That pursuant to Section 1110(c) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1110(c), upon a finding that a violation of Section 1110(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1110(a), has occurred, the name of the complainant (Complainant A) shall be provided to the subject(s) of the underlying complaint. 6. 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. In considering the first recommended violation submitted by the parties, it would appear from the Consent Agreement that the parties are considering that particular portion of the allegations pertaining to the filing of the Complaints as an allegation that the Complaints were frivolous (i.e., filed in a grossly negligent manner without basis in law or fact) rather than filed without probable cause and made primarily for a purpose other than reporting an Ethics Act violation. We accept the parties' recommendation that a violation of Section 1110(a)(1) of the Ethics Act occurred when Complainant A filed complaints with this Commission against officials /employees of Commonwealth Department B in a grossly negligent manner. Factually, the complaints that Complainant A filed with this Commission against Commonwealth Department B officials /employees Individual C, Individual D, and Individual E contained no information to corroborate the allegations made therein and did not reference any specific actions of any of the aforesaid individuals that would suggest a violation of the Ethics Act. Accordingly, we hold that a violation of Section 1110(a)(1) of the Ethics Act occurred when Complainant A filed complaints with this Commission against officials /employees of Commonwealth Department B in a grossly negligent manner. Turning to the second recommended violation submitted by the parties, the Stipulated Fact Findings support the parties' recommendation that a violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or caused to be Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 10 disclosed to another person that the Complaints had been filed with this Commission. Factually, on April 5, 2007, Complainant A faxed copies of the Complaints to Public Official J of Commonwealth Department B. We accept the Consent Agreement and hold that a violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or caused to be disclosed to another person that the Complaints had been filed with this Commission. We further accept the parties' recommendation that no violation of Section 1110(a)(2) of the Ethics Act occurred under the Stipulated Fact Findings. Per the Stipulated Fact Findings, Complainant A disclosed the filing of the Complaints to only one individual, namely Public Official J of Commonwealth Department B. (See, Fact Finding 13b). However, in order for a violation of Section 1110(a)(2) to be found, the evidence must establish public disclosure to two or more people. In Re: Complainant A, Order 1469, supra; In Re: Complainant A, Order 1407 -2, supra. Accordingly, based upon the Stipulated Fact Findings, we hold that no violation of Section 1110(a)(2) of the Ethics Act occurred when Complainant A disclosed or caused to be disclosed that the Complaints had been filed with this Commission since that disclosure was not a public disclosure. As for that particular portion of the allegations involving Section 1108(1) of the Ethics Act, per the Consent Agreement, that particular allegation has been nol prossed. As part of the Consent Agreement, Complainant A has agreed to make payment in the amount of $500 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, pursuant to the Consent Agreement, Complainant A is directed to make payment in the amount of $500 to the Commonwealth of Pennsylvania within 30 days of the date of the mailing of this adjudication and Order, by forwarding a check in the amount of $500 made payable to the Commonwealth of Pennsylvania to this Commission for processing. Given the statutory confidentiality afforded to a complainant, Chief Counsel is directed to publicly release only fully redacted copies of this adjudication and Order at such time as this determination becomes a public record. Following public release, upon receiving a written request from a Subject of Complainant A's Complaints, specifically, Individual C, Individual D, or Individual E, Chief Counsel shall provide the name and address of Complainant A to such Subject, together with copies of the redacted adjudication and Order of this Commission. See, 65 Pa.C.S. § 1110(c). IV. CONCLUSIONS OF LAW: 1. Complainant A, as a private citizen who, on [date], filed complaints with this Commission alleging violations of the Ethics Act by three officials /employees of Commonwealth Department B, is a Complainant subject to the confidentiality and wrongful use of act provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §§ 1108(k) and 1110. Complainant A, ID # 07- 076 /LD # 07- 076 -WUA Page 11 2. A violation of Section 1110(a)(1) of the Ethics Act occurred when Complainant A filed complaints with this Commission against the aforesaid officials /employees of Commonwealth Department B in a grossly negligent manner. 3. A violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or caused to be disclosed to another person that complaints against the aforesaid officials /employees of Commonwealth Department B had been filed with this Commission. 4. No violation of Section 1110(a)(2) of the Ethics Act occurred when Complainant A disclosed or caused to be disclosed that complaints against the aforesaid officials /employees of Commonwealth Department B had been filed with this Commission since that disclosure was not a public disclosure. In Re: Complainant A File Docket: Date Decided: Date Mailed: ORDER NO. 1486 BY THE COMMISSION, Louis W. Fryman, Chair ID # 07 -076 LD # 07- 076 -WUA 9/22/08 10/10/08 1 A violation of Section 1110(a)(1) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1110(a)(1), occurred when Complainant A, a private citizen, filed complaints with the Pennsylvania State Ethics Commission against three officials /employees of Commonwealth Department B in a grossly negligent manner on [date]. 2. A violation of Section 1108(k) of the Ethics Act occurred when Complainant A disclosed or caused to be disclosed to another person that complaints against the aforesaid officials /employees of Commonwealth Department B had been filed with this Commission. 3. No violation of Section 1110(a)(2) of the Ethics Act occurred when Complainant A disclosed or caused to be disclosed that complaints against the aforesaid officials /employees of Commonwealth Department B had been filed with this Commission since that disclosure was not a public disclosure. 4. Pursuant to the Consent Agreement of the parties, Complainant A is directed to make payment in the amount of $500 to the Commonwealth of Pennsylvania within 30 days of the date of mailing of this Order, by forwarding a check in the amount of $500 made payable to the Commonwealth of Pennsylvania to this Commission for processing. 5. At such time as this determination becomes a public record, Chief Counsel shall publicly release only fully redacted copies of the adjudication and this Order. 6. Following public release, upon receiving a written request from a Subject of Complainant A's complaint(s), specifically Individual C, Individual D, or Individual E, Chief Counsel shall provide the name and address of Complainant A to such Subject, together with copies of the redacted adjudication and Order of this Commission. 7 Compliance by Complainant A with Paragraph 4 of this Order will result in the closing of this case with no further action by this Commission beyond that set forth in Paragraphs 5 and 6 of this Order. a. Non - compliance will result in the institution of an order enforcement action.