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HomeMy WebLinkAbout1516 MeleniaIn Re: Brian Melenia, Respondent 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 07 -096 Order No. 1516 4/30/09 5/15/09 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. This adjudication of the State Ethics Commission is issued under the Ethics Act and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with the Ethics Act. Melenia, 07 -096 Page 2 I. ALLEGATIONS: That Brian Melenia, a public official /public employee in his capacity as a Member of the Hempfield Township Municipal Authority, Westmoreland County, violated Sections 1103(a) and 1105(b)(5) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1105(b)(5), when he used the authority of this office for private pecuniary gain including but not limited to using the Authority credit cards to incur expenses of a personal nature for himself and /or his spouse for attendance at various conventions and seminars; when he failed to file a Statement of Financial Interests for the 2004 calendar year by May 1, 2005; and when he failed to disclose all direct /indirect sources of income on Statements of Financial Interests filed for the 2005 and 2006 calendar years. II. FINDINGS: 1. Brian Melenia has served as a member of the Hempfield Township Municipal Authority (hereafter HTMA), Westmoreland County, since at least 2003. a. Melenia was appointed to the HTMA by the Hempfield Township Board of Supervisors. b. Melenia held the position of board secretary of the HTMA from January 12, 2004, to January 13, 2008. 2. HTMA board members are compensated for their service on the board. a. Board members are compensated $200.00 a month for their service. 3. The Hempfield Township Board of Supervisors created the HTMA in 1949 pursuant to the authority granted them in the Pennsylvania Municipality Authorities Act of 1945, as amended. a. Articles of Incorporation were filed with the Pennsylvania Department of State on July 25, 1949. b. The powers and purposes of the Authority are to include: acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, water works, water supply works and water distribution systems in the Township of Hempfield, Westmoreland County, Pennsylvania. 4. Current bylaws on file for the HTMA were adopted on or about January 12, 1984. a. Article !Hof the bylaws provided for the appointment of officers including the following: Chairman Vice Chairman Secretary Treasurer Assistant Secretary Assistant Treasurer b. All offices on the board are required to be filled by members of the Authority Board. 5. The position of Secretary, as outlined in the bylaws, has the following duties and responsibilities: Melenia, 07 -096 Page 3 The secretary shall keep a record of all votes and minutes of the meetings of the Board of Directors. He shall have the custody of all books, records, and papers of the Authority, except such as the Treasurer shall have charge of. In the absence of the Secretary, the Assistant Secretary shall perform his duties. 6. All five board members and the Authority General Manager have signature authority over the financial accounts of HTMA. a. The majority of Authority checks are normally signed at the conclusion of a legislative meeting. 1. Authority checks require the signature of two authorized signatories. 2. A facsimile stamp was utilized by the Authority for Melenia's signature. aa. The facsimile stamp was first utilized by the Authority during Melenia's second term (2003 - 2007). b. Melenia regularly signed or had his facsimile used to issue checks for the HTMA. 7 HTMA board members and selected employees have regularly attended conferences, conventions, seminars, and workshops since at least 1996. a. Travel for conferences, conventions, seminars, and workshops has included but has not been limited to events sponsored by the following: Pennsylvania Municipal Authorities Association (PMAA) Water Environment Federation (WEF) American Water Works Association (AWWA) 8. Prior to August 2007, HTMA procedures for a board member or employee to attend conferences, conventions, seminars, and workshops include the following: a. Board members were provided announcements of conferences, conventions, seminars, and workshops by the General Manager. 1. The members advised the General Manager of events they were interested in attending. b. Board authorization was not required if a member wanted to attend an event of interest. 9. Registration of an HTMA board member for an event was either done by the board member or completed by a staff member of the HTMA. a. If registration was completed by a staff member, the staff member was directed by the Board Director as to what events the Board Director wanted to attend and who the Board Director wanted to bring to the event as a guest. 1. Melenia and other Board Directors were encouraged by Chairman Robert Regola to bring their spouses and /or significant others to events. Melenia, 07 -096 Page 4 10. The General Manager normally arranged hotel accommodations for those attending an event of interest. a. On occasion, board members arranged their own airfare /travel arrangements and hotel accommodations. b. Accommodations /registrations for spouses /guests were not made unless directed by a member to do so. 11. Expenses incurred such as registration fees, hotel expenses, airfare, mileage, tolls, etc. were either paid out -of- pocket, by an Authority credit card, or by Authority check. a. Only the Authority General Manager and the Finance Director had Authority credit cards prior to 2004. b. Prior to 2004, other Board Members' expenses to attend an event were paid out -of- pocket. c. Board members received Authority credit cards in approximately mid -2004 to utilize for travel expenses eliminating the need for all but a few expenses to be advanced by the Board Members. 12. Expense reports were to be filed with the Authority detailing expenses incurred by board members in travel status. a. Sections of the expense report were designated for the disclosure of the following information: expense date, expense description, expense location, and expense total. b. Expense reports were to be completed by the individual incurring the expense(s). c. Expenses paid via an Authority credit card were rarely documented on an expense report. 13. Conference, convention, seminar, and workshop related expenses were detailed on bill lists for approval at the HTMA's legislative meetings. a. Board Member expenses were approved by the Board vote after expenses were incurred. b. Melenia regularly voted to approve travel expenses, including his own. c. Reimbursements made by the Authority for out -of- pocket expenses were made by Authority check made out to the board member or employee incurring the expenses. 14. In approximately mid 2004, the board advocated for Authority credit cards to be issued to each Board Member. a. The Board Members advocated for their own credit cards because they felt that the process to be reimbursed for out -of- pocket expenses was taking too long. b. The Board did not vote to issue Authority Members' credit cards, but instead instructed management to apply for the cards on the Members' behalf. Melenia, 07 -096 Page 5 15. On or about August 2004, Melenia was provided with a Citizens Bank Authority credit card no. )000X- )000X -)000X -0332. a. Melenia's Authority credit card had a total credit line of $5,000.00. b. Melenia's Authority credit card was active from August 2004 until July 13, 2007, when the account was closed. 16. Melenia regularly used his HTMA issued credit card in 2005 and 2006 for personal purchases including meals, beer, and cigarettes. 17. Melenia's Authority credit card usage eventually was suspended by the Board of Directors from approximately November 2006 until March 2007 as a result of these personal purchases made at HTMA expense. a. Melenia's Authority credit card usage was suspended due to numerous personal charges being made by Melenia to the account. b. Melenia claimed to the board and staff that personal charges were made to his Authority card mistakenly due to his Authority credit card looking similar to his personal credit card. 1. Melenia was requested by the board to reimburse the Authority for personal expenses that were not in relation to attending a convention, seminar, etc. c. Melenia made reimbursements to the HTMA after it was discovered by staff that he was utilizing the card for personal purposes. 18. After Melenia and other Authority members were issued credit cards, there was a decline in receipts and /or supporting documentation submitted in association with expenses incurred in relation to attendance at conferences, conventions, seminars, and workshops. a. Receipts or other documentations for credit card charges were not provided by Board Members to HTMA staff. b. Regis Ranella, prior Finance Director, current General Manager, HTMA, informed the board of the decline in support documentation and requested that receipts be provided. c. Ranella was ignored by Members of the Board, including Melenia who continued to make charges to Authority credit cards without submitting support documentation. 1. Management did not consistently request receipts to be provided by the board after being ignored on several occasions. d. Then Board Chairman Robert Regola informed Authority staff that if mail addressed to a board member was opened by someone other than the board member, the Authority staff member would be fired. 1. This was in reference to HTMA Board Member credit card statements. e. If the board member did not provide any verbal or written directives in regard to how [his or her] statement should be paid, management paid the Melenia, 07 -096 Page 6 statement without review. 19. Authority staff documented credit card expenses on Authority purchase orders to document credit card charges in relation to a member and the purpose of the charge. 20. In 2007, board member Bob Davidson began reviewing charges the board members were making in regards to their attendance at conferences, conventions, seminars, and workshops. a. The review indicated that certain board members, specifically Hopkin, Regola, and Melenia, were making substantial charges in regards to hotel expenses and subsistence; that board members' spouses' expenses were being paid for by the Authority; and that personal expenses (such as alcohol, gas, etc.) were being charged to Authority credit cards. 21. On August 13, 2007, the board adopted the "Hempfield Township Municipal Authority Conference Expense Policy," via a 3 -2 vote with board members Davidson and Pecarchik voting nay. a. The Authority did not have a travel expense policy prior to August 13, 2007. b. Regola proposed the policy. c. Melenia voted in favor of it. 22. The HTMA Conference Expense Policy outlines guidelines including attendees, eligible expenses for reimbursement, itemization of expenses, maximum travel and reimbursement and ineligible expenses. 23. Since the adoption of the Conference Expense Policy (August 13, 2007), there has been a sharp decline in board members attending conferences, conventions, seminars, and workshops. THE FOLLOWING FINDINGS RELATE TO MELENIA'S EXPENSES IN RELATION TO PMAA EVENTS ATTENDED IN 2002, 2003, 2004, 2005, 2006, AND 2007. 24. The PMAA is the recognized association for municipal authorities in the Commonwealth of Pennsylvania. a. The PMAA, formed in 1941, was established "to provide its members with a medium for exchange of ideas on municipal problems, to present a united and common front in advocating favorable legislation, and opposing detrimental legislation, and to otherwise promote the general welfare of municipal authorities of the Commonwealth of Pennsylvania." 25. The PMAA is divided into regions. a. Westmoreland County is considered Region 9 of the PMAA. b. The HTMA is located within the boundaries of Region 9. 26. Melenia, as an HTMA board member, has regularly attended the various events hosted by the PMAA. a. Melenia's wife accompanied Melenia to the majority of the events he attended. Description of Event Who was Registered Amount 8 -24 -03 Hershey Park Admission and Picnic Melenia's wife $33.50 8 -25 -03 "Felicita" Garden Tour & Lunch Event Melenia's wife $45.00 1/2 of 8 -25 -03 Outdoor BBQ w/ Entertainment ($98.00 Total) Melenia and wife $49.00 8 -26 -03 Banquet Wife $45.00 1/2 of 8 -27 -03 Family Breakfast ($36.00 Total) Melenia and wife $18.00 TOTAL: $190.50 Melenia, 07 -096 Page 7 b. The majority of Melenia's expenses and his wife's expenses to attend PMAA events have been paid for by the Authority. 27. The PMAA holds an Annual Conference and Trade Show in or around September or October of each year. a. Melenia has regularly attended the annual conferences from at least 2003 to 2006. b. Melenia's wife has attended the annual conferences with Melenia from 2003 to 2006. 28. The 2003 PMAA Annual Conference was held in Hershey, PA from Sunday, August 24, 2003, to Wednesday, August 27, 2003. a. The conference location was the Hershey Lodge and Convention Center located at West Chocolate Ave. & University Drive, Hershey, PA 17033. 29. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference which included breakfasts on August 25, 2003, and August 26, 2003. 30. Melenia in his capacity as Board Director had himself and /or his wife, Susan Melenia, registered for entertainment events of a personal nature in association with their attendance at the 2003 PMAA Conference totaling $190.50 as shown below: a. The fees for Melenia's attendance at the additional events were initially charged to the HTMA General Manager Kevin Fisher's Authority issued credit card on July 11, 2003. 1. Fisher's credit card statement reflected payment of the additional registration fees to attend the additional events via Authority check #29686 dated August 13, 2003. aa. Authority check #29686 was signed by board members Hopkin and Fisher. 31. Melenia and his wife were registered to stay at the Hershey Lodge located at West Chocolate Avenue and University Drive, Hershey, PA 17033 for the duration of the conference. a. Melenia checked in on August 24, 2003, and departed on August 27, 2003. b. The room rate was $165.00 /night plus taxes. Description of Expense Nature of Expense Amount Hershey Park Admission for Melenia and wife Entertainment $33.50 Fee for Melenia's wife to attend the "Felicita" Garden Tour & Lunch Event Entertainment $45.00 Outdoor BBQ w/ Entertainment for wife (1/2 of $98.00) Entertainment $49.00 Fee for Melenia's wife to attend banquet with Melenia Entertainment $45.00 Family Breakfast for wife (1/2 of $36.00) Entertainment $18.00 Movie Charged to Hotel Room Entertainment $12.71 Total: $203.21 Description of Event Who was Registered Amount 8 -24 -04 Carnegie Science Center Melenia and his wife $98.00 8 -25 -04 Family Breakfast Melenia and his wife $36.00 Total: $134.00 Melenia, 07 -096 Page 8 c. Two people were identified in the party. d. Melenia's hotel charge of $552.26 was paid by then Authority General Manager Kevin Fisher's Authority issued credit card on August 27, 2003. 1. Fisher's credit card statement reflecting the hotel charge was paid via Authority check #29944 dated October 8, 2003. aa. Authority check #29944 was signed by Hopkin and Fisher. 32. Payment of Melenia's hotel charges included a movie rental expense in the amount of $12.71. 33. Melenia did not submit an expense report or receipts to the HTMA documenting expenses in relation to attending the 2003 PMAA Annual Conference. 34. The HTMA paid personal expenses of $203.21 for Melenia and his spouse to attend the 2003 PMAA Annual Conference. 35. The 2004 PMAA Conference was held in Pittsburgh, PA from Sunday, August 22, 2004, through Wednesday, August 25, 2004. a. The conference location was the Pittsburgh Westin Hotel and Convention Center located at 100 Penn Ave., Pittsburgh, PA 15222. b. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference which included breakfast on August 23, 2004, and August 24, 2004. 36. Melenia and his wife, Susan Melenia, registered for entertainment paid by the HTMA: 37. Melenia and his wife were registered to stay at the Westin Hotel located at 1000 Penn Ave, Pittsburgh, PA 15222. a. Melenia checked in on August 22, 2004, and departed on August 25, 2004. Transaction Date Transaction Description Amount Charged 8 -23 -04 The Original Fish Market Pittsburgh, PA $ 8.00 8 -23 -04 The Original Fish Market Pittsburgh, PA $ 4.80 8 -23 -04 Westin Convention CTR HTL Pittsburgh, PA $ 28.97 8 -23 -04 Ruth's Chris Steak House Pittsburgh, PA $521.54 8 -24 -04 Westin Convention CTR HTL Pittsburgh, PA $ 29.56 8 -25 -04 The Original Fish Market Pittsburgh, PA $ 10.00 8 -25 -04 Westin Convention CTR HTL Pittsburgh, PA $ 18.19 Total: $621.06 Item Purchase Amount 1 Chopped Salad $ 7.95 2 Coke $ 4.00 1 Coffee $ 2.00 1 Decaf $ 2.00 1 Tom /Onion Salad $ 5.95 1 Sml Combination $ 4.50 Melenia, 07 -096 Page 9 b. The room rate was $149.00 /night plus taxes. c. Regola's total hotel charge of $579.40 was paid via Ranella's Authority issued credit card on August 26, 2004. d. Ranella's credit card statement reflected payment of the hotel charge via Authority check #31516, dated September 8, 2004. 1. Authority check #31516 was signed by Regola and Hopkin. e. Payment of Melenia's hotel charges included a movie rental expense in the amount of $13.90. 38. Melenia did not submit an expense report or receipts to the HTMA to document expenses in relation to attending the 2004 PMAA Annual Conference. 39. Melenia utilized his Authority issued credit card to make the following charges during the time period that he was at the conference: a. Authority check #31615 dated September 22, 2004, was issued to pay for the charges documented on Melenia's Authority credit card statement detailed above. 1. Authority check #31615 was signed by members Ream and Pecarchik. b. Melenia did not provide any receipts to document the subsistence expenses charged to his Authority issued credit card. 40. Melenia charged a $521.54 dinner expense for himself, spouse, and others at Ruth's Chris Steakhouse to his Authority credit card on August 23, 2004. a. Expenses incurred at Ruth's Chris Steakhouse included meals and alcoholic beverages: 1 Ribeye $29.95 1 Fresh Lobster $65.09 1 Filet $29.95 1 Petite Filet $24.95 6 Blackn Shrimp $12.00 2 Steak N Shrimp $67.90 1 Petite Filet $24.95 1 Halibut $21.95 1 Baked Potato $ 4.95 1 Sauteed Mushroom $ 4.95 1 Mashed Potatoes $ 4.95 1 Asparagus /Hollan $ 6.50 1 Creme Brulee $ 6.25 1 Cheesecake $ 6.25 1 With Rberries $ 4.00 1 Sin Cake $ 6.25 1 Ala Mode $ 1.00 1 Bloody Mary $ 7.00 4 Coors Light $14.00 1 G White Zinf $ 7.00 2 G Alex Cab $22.00 1 Highland 12YR $12.00 TAX $24.38 TIP $86.92 TOTAL $521.54 Description of Expense Nature of Expense Amount Carnegie Science Center event for Melenia and wife Entertainment $ 98.00 1/2 of Family Breakfast for his wife Entertainment $ 18.00 Ruth's Chris Steakhouse , alcohol, meal Personal $119.44 Expense incurred at Original Fish Market After Conference $ 10.00 Movie Personal $ 13.90 Total: $241.52* Melenia, 07 -096 Page 10 b. The receipt details that eight individuals were served. 1. Each meal had an average cost of $57.44 when the total of ($459.54) is divided by the number of dinners (8), less the cost of alcoholic beverages ($62.00). 2. Melenia signed the receipt and directed that the charge be billed to his credit card. 41. Melenia incurred, at HTMA expense, $241.52* of entertainment related events, when attending the 2004 PMAA conference. *[sic]. [There is a discrepancy in the calculation above, in Respondent's favor. Respondent will receive the benefit of the indicated amount, specifically, $241.52. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Commw. Ct. 2002).] 42. The 2005 PMAA Conference was held in Hershey, PA from Sunday, September 11, Description of Event Who was Registered Amount 9 -11 -06 Lunch & Kitchen Kettle Village Melenia's wife $40.00 9 -11 -06 Monday Night Football Event Melenia and wife $98.00 9 -12 -06 Hershey Trolley Tour Melenia's wife $ 9.95 9 -12 -06 Banquet and After Party Melenia's wife $49.00 9 -13 -06 Family Breakfast Melenia and wife $38.00 Total: $234.95 Melenia, 07 -096 Page 11 2005, through Wednesday, September 13, 2005. a. The conference location was the Hershey Lodge and Convention Center located at W. Chocolate Ave. & University Dr., Hershey, PA 17033. b. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference which included breakfast on September 12, 2005, and September 13, 2005. 43. Melenia and his wife were registered to stay at the Hershey Lodge W. Chocolate Ave. & University Dr., Hershey, PA 17033. a. Melenia and his wife did not check in to the hotel. 44. Melenia did not submit an expense report to the HTMA claiming expenses in relation to attending the 2005 PMAA Annual Conference. a. Melenia did not attend the conference. 45. The 2006 PMAA Conference was held in Hershey, PA from Sunday, September 10, 2006, through Wednesday, September 13, 2006. a. The conference location was the Hershey Lodge and Convention Center located at W. Chocolate Ave. & University Dr., Hershey, PA 17033. b. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference which included breakfast on September 11, 2006, and September 12, 2006. 1. The registration fee was charged to Melenia's Authority issued credit card on July 18, 2006. 46. Melenia in his capacity as Board Director registered himself and /or his wife for entertainment events of a personal nature in association with their attendance at the 2006 PMMA Conference totaling $234.95. 47. Melenia and his wife were registered to stay at the Hershey Lodge W. Chocolate Ave. & University Dr., Hershey, PA 17033. a. Melenia checked in on September 10, 2006, and departed on September 13, 2006. b. The room rate was $165.00 /night plus taxes. 48. Charges incurred to Melenia's room account at the Hershey Lodge included room charges and alcoholic beverages totaling $805.09. a. Melenia's total hotel charge of $805.09 was paid via Regola's Authority Date Description Amount 9 -10 -06 Lobby Bar (Time: 17:25) $30.50 9 -11 -06 Lebbie's (Time: 10:05) $32.46 9 -11 -06 Bears Den (Time: 12:29) $14.00 9 -11 -06 Bears Den (Time:15:15) $ 8.00 9 -12 -06 Lebbie's (Time: 9:41) $62.92 9 -12 -06 Bears Den (Time: 14:15) $12.00 9 -12 -06 Bears Den (Time: 14:22) $ 7.00 9 -12 -06 Lobby Bar (Time: 17:22) $26.00 9 -12 -06 Bears Den (Time: 19:21) $34.13 9 -12 -06 Lobby Bar (Time: 21:40) $ 8.00 9 -12 -06 Forebay (Time: 22:40) $ 6.00 9 -13 -06 Lebbie's (Time: 9:55) $18.73 TOTAL: $259.74 Melenia, 07 -096 Page 12 issued credit card on June 24, 2006 (advance payment of $179.85) and [by Melenia's HTMA credit card] on September 14, 2006 (remainder of expenses in the amount of $625.24) .... 1. The advance payment of $179.85 made on June 24, 2006, was paid via Authority check #34739, dated August 9, 2006. aa. Authority check #34739 was signed by Melenia and Regola. 2. The remainder of the expenses charged to Melenia's credit card on September 14, 2006, in the amount of $625.24 were paid via Authority check #35133, dated October 18, 2006. aa. Authority check #35133 was signed by Regola and Hopkin. b. Melenia did not provide his hotel folio or receipts to the Authority to document the expenses charged to his room. 49. Payment of Melenia's hotel charges included twelve personal subsistence and alcoholic beverages expenses that totaled $259.74 as shown below: a. The expenses included alcoholic beverages and meals. 1. Meals were charged even though some meals were provided through the registration fee paid on behalf of Melenia. 50. A Hershey Lodge receipt details that the Lobby Bar expense of $30.50 incurred on September 10, 2006, at 5:25 p.m. was for the following alcoholic beverages. Purchase(s): 6 Coors Lights ($19.50) and 1 Canadian Club ($6.00) Amount /Tip: $25.50 + $5.00 tip = $30.50 a. Melenia directed the charge to be billed to his room and signed the receipt. 51. Hershey Lodge document(s) confirm the expense of $32.46 occurred at Lebbie Lebkicher's Buffet Dining on September 11, 2006, at 10:05 a.m. during the time when conference related activities were occurring. a. Specific items purchased could not be identified. 52. A Hershey Lodge receipt details that the Bears Den expense of $14.00 incurred on Melenia, 07 -096 Page 13 September 11, 2006, at 12:29 p.m. was for alcoholic beverages. Purchase(s): 2 Bloody Mary Amount /Tip: $11.00 + $3.00 tip = $14.00 a. Melenia directed the charge to be billed to his room and signed the receipt. b. The alcoholic beverages were purchased during the hours of conference related events. 53. A Hershey Lodge receipt details that the Bears Den expense of $8.00 incurred on September 11, 2006, at 3:15 p.m. was for alcoholic beverages during the timeframe when conference related activities were occurring. Purchase(s): 2 Coors Draft Amount /Tip: $6.00 + $2.00 tip = $8.00 a. Melenia directed the charge to be billed to his room and signed the receipt. 54. A Hershey Lodge receipt details that the Lebbie Lebkicher's buffet Dining expense of $62.92 incurred on September 12, 2006, at 9:41 a.m. was for the following purchases. Purchase(s): 4 Breakfast Buffet Amount /Tip: $51.80 + $3.12 (tax) + $8.00 (tip) = $62.92 a. Meals included Melenia, his spouse, and other HTMA Board Members. b. Melenia directed the charge to be billed to his room and signed the receipt. c. Melenia was registered for the Exhibit Area Breakfast on September 12, 2006, during which subsistence was provided. 1. The Exhibit Area Breakfast was complimentary. 55. A Hershey Lodge receipt details that the Bears Den expense of $12.00 incurred on September 12, 2006, at 2:15 p.m. was for alcoholic beverages and occurred during conference related activities. Purchase(s): 3 Coors Drafts Amount /Tip: $9.00 + $3.00 tip = $12.00 a. Melenia directed the charge to be billed to his room and signed the receipt. b. The purchase of the alcoholic beverages was made during the scheduled conference events. 56. A Hershey Lodge receipt details that the Lobby Bar expense of $26.00 incurred on September 12, 2006, at 5:22 p.m. was also for alcoholic beverages. Purchase(s): 3 Coors Drafts ($9.00), 2 FB- WBridge Merl ($12.00) Amount /Tip: $21.00 + $5.00(tip) = $26.00 a. Melenia directed the charge to be billed to his room and signed the receipt. 57. A Hershey Lodge receipt details that the Bears Den expense of $34.14 incurred on September 12, 2006, at 7:21 p.m. was for the following purchases: Description of Expense Nature of Expense Amount wife's registration for the lunch & Kitchen Kettle Village Entertainment $40.00 Wife's registration for the Monday Night Football (1/2 of $98.00) Entertainment $49.00 Melenia's wife's registration for the Hershey Trolley Tour Entertainment $ 9.95 Melenia, 07 -096 Page 14 Purchase(s): 1 Coors Draft ($3.00), 1 Lo Carb Chili C ($3.95), 1 Chix & Broc Alf ($11.50), 1 Italian Hoagie ($8.25) = $34.13* *[This calculation is apparently missing charges, perhaps the tax and tip, as the actual total of the amounts indicated is $26.70.] a. Melenia directed the charge to be billed to his room and signed the receipt. b. Melenia was registered for the Banquet and After Party event on September 12, 2006, during which subsistence was provided. 1. [The HTMA paid $49.00 each for Melenia and his wife to attend the Banquet and After Party event.] 58. A Hershey Lodge receipt details that the Lobby Bar expense of $8.00 incurred on September 12, 2006, at 9:40 p.m. by Melenia was for alcohol. Purchase(s): 1 Coors Draft ($3.00), 1 Soda 16oz ($1.89) Amount /Tip: $4.89 + $0.11 (tax) + $3.00 (tip) = $8.00 a. Melenia directed the charge to be billed to his room and signed the receipt. 59. A Hershey Lodge receipt confirms more alcoholic beverages were charged by Melenia at Forebay restaurant totaling $6.00 on September 12, 2006, at 10:40 p.m. Purchase(s): 2 Coors Drafts ($3.00 each) Amount /Tip: $6.00 60. A Hershey Lodge receipt details that the Lebbie Lebkicher's Buffet Dining expense of $18.73 incurred on September 13, 2006, at 9:55 a.m. was for the following: Purchase(s): 1 Breakfast Buffet Amount /Tip: $12.95 + $0.78 (tax) + $5.00 (tip) = $18.73 a. Melenia directed the charge to be billed to his room and signed the receipt. b. Melenia incurred this breakfast expense even though he was registered for the PMAA Family Breakfast event on September 13, 2006. 1. The HTMA paid $18.00 each for both Melenia and his wife to attend the family breakfast. 61. Melenia did not submit an expense report or receipts to the HTMA to document expenses incurred in relation to attending the 2006 PMAA Annual Conference. 62. The HTMA paid a total of $323.84 in entertainment and personal expenses of Melenia for attending the 2006 PMAA conference. Melenia's wife's registration for the Banquet and After Party Entertainment $49.00 Wife's registration for the PMAA Family Breakfast (1/2) of $38.00 Entertainment $19.00 9 -10 -06 Lobby Bar (a, 5:25 p.m. Personal $30.50 9 -11 -06 Bears Den (a, 12:29 p.m. Personal $14.00 9 -11 -06 Bears Den (a, 3:15 p.m. Personal $ 8.00 9 -12 -06 Lebbie (a, 9:41 a.m. Personal $15.73 9 -12 -06 Bears Den (a, 2:15 p.m. Personal $12.00 9 -12 -06 Lobby Bar (a, 5:22 p.m. Personal $ 9.00 9 -12 -06 Bears Den (a, 7:21 p.m. Personal $34.13 9 -12 -06 Lobby Bar (a, 9:40 p.m. Personal $ 3.00 9 -12 -06 Forebay (a, 10:40 p.m. Personal $ 6.00 9 -13 -06 Lebbie (a, 9:55 a.m. Personal $18.73 9 -13 -06 Telephone Personal $ 5.80 Total: $323.84 Melenia, 07 -096 Page 15 63. The PMAA holds Region 9 dinner meetings in or around April and /or November of each year. a. Melenia regularly attended the dinner meetings from 2003 through 2007. b. Melenia's wife attended the dinner meetings with Melenia from 2003 through 2007. c. The majority of Melenia's expenses and his wife's expenses, including spousal meal costs, and entertainment to attend the dinner meetings were paid for by the HTMA. 64. The 2003 Region 9 Spring Dinner meeting was held in Champion, PA on Saturday, April 12, 2003. a. The dinner meeting location was at Seven Springs Resort located at 777 Waterwheel Drive, Champion, PA 15622. b. The HTMA paid a fee of $74.00 for Melenia and his wife to attend the dinner, including $37.00 for Melenia's wife's dinner. c. The fee was paid by Authority check #29018 dated March 26, 2003. d. Authority check #29018 was signed by Melenia and Hopkin. 65. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort even though the event was only (27) miles from his home and concluded at approximately 9:00 p.m. on April 12, 2003. a. Melenia checked in on April 12, 2003, and departed on April 13, 2003. 1. Melenia's hotel folio did not detail specific arrival or departure times. b. The room rate was $85.00 /night plus taxes. 66. Charges incurred to Melenia's room account at the Seven Springs hotel included the following: Date Description Amount Date Description Amount 4 -17 -04 Bavarian Lounge $ 66.50 4 -17 -04 Bavarian Lounge $ 9.25 4 -17 -04 CP Double $150.00 Total: $225.75 4 -12 -03 Room Rental $85.00 4 -12 -03 State Hotel Occupancy Tax $ 5.10 4 -12 -03 County Hotel Occupancy Tax $ 2.55 TOTAL: $92.65 Melenia, 07 -096 Page 16 a. Melenia paid the total hotel charge of $92.65 on April 13, 2003. 1. Melenia did not have an HTMA issued credit card at this time. b. Melenia was subsequently reimbursed by the Authority for the charges listed on his hotel folio via Authority check #29617 dated July 30, 2003. 1. Authority check #29617 was signed by Hopkin and then Authority Manager Kevin Fisher. 67. Melenia attended the 2004 Region 9 Spring Dinner meeting held in Champion, PA on Saturday, April 17, 2004. a. The dinner meeting location was at Seven Springs Resort located at 777 Waterwheel Drive, Champion, PA 15622. b. The HTMA paid a fee of $70.00 for Melenia and his wife to attend the dinner. c. The fee was paid by Authority check #30854 dated April 1, 2004. d. Authority check #30854 was signed by Hopkin and board member Matt Pecarchik. 68. On March 31, 2004, Ranella sent a fax to Seven Springs Resort indicating that Ranella's Authority issued credit card could be used for "any and all incidentals" related to Melenia's stay. a. This was prior to Board members directing that the HTMA provide them with credit cards. 69. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort. a. Melenia opted to stay at Seven Springs ... even though the dinner event concluded on or about 9:00 p.m. b. Melenia checked in on April 17, 2004, and departed on April 18, 2004. c. The room rate was $150.00 /night plus taxes. 70. Charges incurred to Melenia's room account at the Seven Springs hotel included room costs and charges for entertainment (alcoholic beverages) totaling $225.75. a. Melenia's hotel charge of $225.75 was paid via Ranella's Authority credit card on two separate occasions. Description Amount Bloody Mary $ 4.00 Soda, Coke $ 1.50 WhiteZinf /Glass $ 3.75 Bud DFT $ 3.00 Bar Vodka $ 3.25 Canadian Club $ 3.50 Bloody Mary $ 4.00 IC LT DFT $ 3.00 Amaretto Di Saronno, w /sour $ 5.00 Canadian Club $ 3.50 Bar Vodka $ 3.25 Bud DFT $ 3.00 Soda, Coke, Ginger Ale $ 3.00 Canadian Club $ 3.50 Bar Vodka $ 3.25 Bud DFT $ 3.00 IC LT DFT $ 3.00 Tip $10.00 TOTAL $66.50 Description Amount Beer $3.00 Beer $3.00 LIQ $3.25 TOTAL: $9.25 Melenia, 07 -096 Page 17 1. On March 31, 2004, an advance payment of $150.00 was charged to Ranella's Authority credit card. 2. The remainder of the charges ($75.75) were paid on April 18, 2004. 71. Melenia used the credit card account of HTMA manager Ranella on April 17, 2004, to charge $75.75 alcoholic beverages for himself and others. a. A Seven Springs receipt details Melenia's purchase in the amount of $66.50 for the following: The receipt indicated that Melenia kept his bar tab open from 9:51 p.m. to 11:31 p.m. Melenia signed the receipt and directed that the charge be billed to his room. b. Seven Springs Resort receipt records reflect that the $9.25 Bavarian Lounge charge Melenia incurred on April 17, 2004, was primarily for alcoholic beverages. The receipt indicated that Melenia kept his bar tab open from 11:50 p.m. to 11:58 p.m. Melenia signed the receipt and directed that the charge be billed to his room. 72. Melenia did not submit an expense report or receipts to document expenses for the 2004 Region 9 Spring Dinner meeting. Melenia, 07 -096 Page 18 73. Melenia and his wife attended the 2004 Region 9 Fall Dinner meeting held in Penn Hills, PA on Thursday, November 11, 2004. a. The dinner meeting location was at Tivoli Restaurant located at Rodi Road, Penn Hills, PA. b. The HTMA paid a fee of $70.00 for Melenia and his wife to attend the dinner. c. The fee was paid by Authority check #31826 dated November 3, 2004. 1. Authority check #31826 was signed by Hopkin and Pecarchik. d. Melenia did not submit an expense report or receipts in regards to his attendance at the 2004 PMAA Fall Dinner. 74. Melenia attended the 2005 Region 9 Spring Dinner meeting held in Champion, PA on Saturday, April 2, 2005. a. The dinner meeting location was at Seven Springs Resort located at 777 Waterwheel Drive, Champion, PA 15622. b. The HTMA paid a fee of $40.00 for Melenia to attend the dinner. 1. Melenia's wife accompanied him but was not registered for dinner. c. The fee was paid by Authority check #32494 dated March 23, 2005. 1. Authority check #32494 was signed by Hopkin and [undistinguishable]. 75. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort. a. Melenia checked in on April 2, 2005, and departed on April 3, 2005. b. The room rate was $154.00 /night. c. Melenia's hotel charge of $154.00 was paid via Ranella's Authority issued credit card on March 16, 2005. 1. Melenia authorized Ranella to use the HTMA credit card to incur expenses of [Melenia and his wife]. d. The Authority subsequently issued check #32577, dated April 11, 2005, to pay for the hotel expense. 1. Authority issued check #32577 was approved for issuance via signature by Hopkin and Pecarchik. 76. Melenia did not submit an expense report or receipts to the HTMA to document expenses in relation to attending the PMAA 2005 Spring Dinner meeting. 77. Melenia also used his HTMA credit card to incur the following personal charges while staying overnight at Seven Springs: Transaction' Date Transaction Description Amount Charged Date Description Amount 4 -22 -06 Bavarian Lounge $ 14.00 4 -22 -06 Alpine Room $ 19.25 4 -22 -06 Bavarian Lounge $ 9.00 4 -22 -06 Bavarian Lounge $ 12.50 4 -22 -06 Bavarian Lounge $ 28.75 4 -22 -06 CP Double $154.00 TOTAL: $224.50* 4 -2 -05 Seven Springs F &B 1 Champion 1 $11.00 4 -3 -05 Seven Springs F &B 1 Champion 1 $25.75 4 -2 -05 Seven Springs F &B 1 Champion 1 $21.50 4 -3 -05 Seven Springs F &B 1 Champion 1 $39.50 Total: $97.75 Melenia, 07 -096 Page 19 a. Receipts for the transactions were not on file at Seven Springs. b. Seven Springs F &B 1 Champion 1 is a bar and Restaurant. c. Melenia's $97.75 in personal expenses at Seven Springs was paid for via Authority check #32850, dated June 15, 2005, even though Melenia did not submit any receipts for expenses listed on his Authority credit card statement. 1. Authority check #32850 was approved for issuance via signature by Board Directors Scott Ream and Hopkin. 78. Melenia and his wife attended the 2005 Region 9 Fall Dinner Meeting held in Pittsburgh, PA on Saturday, November 5, 2005. a. The dinner meeting location was at the Edgewood Country Club located at 100 Churchill Road, Pittsburgh, PA 15235. b. The HTMA paid meal costs of $80.00 for Melenia and his wife to attend the dinner. c. The fee was paid by Authority check #33493 dated November 2, 2005. 79. Melenia and his wife attended the 2006 Region 9 Spring Dinner meeting held at Seven Springs Resort, Champion, PA on Saturday, April 22, 2006. a. The HTMA paid meal costs of $80.00 for Melenia and his wife to attend the dinner. b. The fee was paid by Authority check #34376 dated May 3, 2006. 80. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort. a. Melenia checked in on April 22, 2006, and departed on April 23, 2006. b. The room rate was $154.00 /night. 81. Charges incurred to Melenia's room account at the Seven Springs hotel including room and alcoholic beverage expenses totaled $224.50 *. Description, Amount Kahlua & Cream - Kahlua & cream, double - Tip $2.00 TOTAL: $14.00 Description Amount Chivas Regal, rocks super $9.00 Melenia, 07 -096 Page 20 *[sic]. [There is a discrepancy in the calculation above, in Respondent's favor. Respondent will receive the benefit of the indicated amount, specifically, $224.50. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Commw. Ct. 2002).] a. Melenia's hotel charge of $224.50 was paid via Ranella's Authority issued credit card on two separate occasions. 1. An advance payment of $154.00 was paid via Ranella's Authority credit card on April 19, 2006. 2. The remainder of the expenses ($70.50) were paid on April 23, 2006. b. Ranella, at Board instruction, routinely charged Melenia's and other Board member's expenses to his HTMA credit card. c. The Authority subsequently issued check #34432, dated May 17, 2006, to pay for the hotel expenses. 1. Authority check #34432 was approved for issuance via signature by Regola and Hopkin. 82. The charges on Melenia's room account at Seven Springs included $83.50 of alcoholic beverages and personal expenses for Melenia which were charged to an HTMA credit card. 83. Seven Springs Resort receipt records reflect that the $14.00 Bavarian Lounge charge Melenia incurred on April 22, 2006, was for alcoholic beverages and a gratuity. a. The receipt details Melenia's purchase in the amount of $14.00 for the following: 1. As indicated by the receipt, $14.00 was documented regarding the purchase of alcohol and a gratuity. b. The receipt indicated that Melenia made the purchases at 6:12 p.m. approximately one hour before the start of the dinner. c. Melenia signed the receipt and directed that the charge be billed to his room. 84. Seven Springs Resort receipt records confirm that the $9.00 Bavarian Lounge charge Melenia incurred on April 22, 2006, was for alcoholic beverages. a. The receipt details Melenia's purchase in the amount of $9.00 for the following: Description Amount, Soda, Ginger Ale $ 1.50 Chivas Regal, rocks super $ 9.00 Tip $ 2.00 TOTAL: $12.50 Description Amount Open Wine $ 25.00 15% $ 3.75 TOTAL: $28.75 Melenia, 07 -096 Page 21 TOTAL: $9.00 1. As indicated by the receipt, $9.00 was documented regarding the purchase of alcohol. b. The receipt indicated that Melenia made the purchase at 10:23 p.m. after the conclusion of the dinner event. c. Melenia signed the receipt and directed that the charge be billed to his room. 85. Seven Springs Resort receipt records reflect additional Bavarian Lounge charges of $12.50 by Melenia incurred on April 22, 2006, primarily for alcoholic beverages. a. The receipt details Melenia's purchase in the amount $12.50 for the following: b. The receipt indicated that Melenia made the purchase at 9:50 p.m. c. Melenia signed the receipt and directed that the charge be billed to his room. 86. Seven Springs Resort receipt records confirm that Melenia authorized a $28.75 Bavarian Lounge charge [to his room] on April 22, 2006, for alcoholic beverages and a gratuity.... a. The receipt details Melenia's purchase in the amount $28.75 for the following: 1. As indicated by the receipt, $28.75 was in regards to an alcoholic purchase and gratuity. b. The receipt indicated that Melenia made the purchase at 11:21 p.m. c. Melenia signed the receipt and directed that the charge be billed to his room. 87. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to attending the PMAA 2006 Spring Dinner meeting. 88. The 2007 Region 9 Spring Dinner meeting was held at Seven Springs Resort, Champion, PA on May 19, 2007. a. The HTMA paid a fee of $80.00 for Melenia and his wife to attend the dinner. 89. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort despite the meeting location being a short distance from his home and Date Description Amount 5 -19 -07 Bavarian Lounge $ 23.53 5 -19 -07 Bavarian Lounge $ 11.00 5 -19 -07 Bavarian Lounge $ 11.00 5 -19 -07 CP Double $160.00 TOTAL: $205.53 Description Amount, DFT PIT $ 9.25 Nachos $ 3.75 Onion Rings $ 5.00 Tax $ 0.53 Tip $ 5.00 TOTAL: $23.53 Melenia, 07 -096 Page 22 the meeting concluding by 9:00 p.m. negating the need for an overnight stay. a. Melenia directed that HTMA make a reservation at the hotel on his behalf. b. Melenia checked in on May 19, 2007, and departed on May 20, 2007. c. The room rate was $160.00 /night. 90. Melenia's room account at the Seven Springs hotel included not only room expenses but charges for alcoholic beverages: a. Melenia's hotel charge of $205.53 was paid via Ranella's Authority issued credit card at Melenia's direction and Melenia's Authority issued credit card. 1. An advance payment of $160.00 was paid via Ranella's Authority credit card on May 16, 2007, via Authority check #36070. 2. The remainder of the expenses ($45.53) Melenia charged to his Authority issued credit card on May 20, 2007, and paid for via Authority check #36113 dated June 20, 2007. 91. Seven Springs Resort receipt records reflect that the $23.53 Bavarian Lounge charge Melenia incurred on May 19, 2007, was primarily for alcoholic beverages and personal expenses. a. The receipt details Melenia's purchase in the amount of $23.53 for the following: b. The receipt indicated that Melenia made the purchases between 4:32 p.m. and 5:27 p.m. prior to the start of the dinner. c. Melenia signed the receipt and directed that the charge be billed to his room. 92. Seven Springs Resort receipt records confirm that the $11.00 Bavarian Lounge charge Melenia incurred on May 19, 2007, was for alcoholic beverages and a gratuity. a. The receipt details Melenia's purchase in the amount of $11.00 for the following: Description Amount $5.00 Kahlua and Cream Bloody Mary $4.00 Tip $2.00 TOTAL: $11.00 Description Amount Kahlua and Cream $ 5.00 Bloody Mary $ 4.00 Tip $ 2.00 TOTAL: $11.00 Melenia, 07 -096 Page 23 b. The receipt indicated that Melenia made the purchase at 9:26 p.m. c. Melenia signed the receipt and directed that the charge be billed to his room. 93. Seven Springs Resort receipt records confirm a second $11.00 Bavarian Lounge charge by Melenia on May 19, 2007, for alcoholic beverages and a gratuity. a. The receipt details Melenia's purchase in the amount $11.00 for the following: b. The receipt indicated that Melenia made the purchase at 10:19 p.m. c. Melenia signed the receipt and directed that the charge be billed to his room. 94. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to attending the PMAA 2007 Spring Dinner meeting. 95. The PMAA holds Management Workshop Meetings in or around April each year. a. Melenia attended the Management Workshop Meetings held in 2004, 2005, and 2006. b. The 2004, 2005, and 2006 meetings were held at Nemacolin Woodlands Resort, Farmington, Pennsylvania. c. Workshop sessions began at 9:00 a.m. and concluded by 3:15 p.m. with a one hour lunch break. d. Melenia's wife attended the Management Workshop Meetings with Melenia in 2004 and 2006. g. 1. Melenia's wife was not registered to attend the 2005 Workshop Meeting. e. Melenia's expenses and his wife's expenses to attend the Management Workshop Meetings were paid for by the HTMA at Melenia's direction. f. Melenia incurred other personal expenses including lodging and alcoholic beverages which he authorized to be paid by the HTMA. Registration fees were $100 for a non - member and $85.00 for a member. 96. The 2004 PMAA Spring Management Workshop was held at Nemacolin Resort on Melenia, 07 -096 Page 24 April 6, 2004. a. The HTMA paid the registration fees totaling $185.00 for Melenia and his wife to attend the workshop. b. The registration fee was charged to Ranella's Authority issued credit card on March 16, 2004, at Melenia's direction. 1. The registration fee for Melenia as a member was $85.00 2. The registration fee for Melenia's wife as a non - member was $100.00. 97. Melenia and his wife registered to stay at the hotel located on the premises of Nemacolin Woodlands Resort even though the event location was less than a one (1) hour commute from his home and activities did not begin until approximately 9:00 a.m. a. A Nemacolin Woodlands confirmation document (on file at the Authority) dated March 30, 2004, details that Melenia was to arrive at the hotel on April 5, 2004, and depart on April 6, 2004. 1. The confirmation document detailed that the room rate was $136.74 and that a deposit of $136.74 was received. b. The advance payment of $136.74 for Melenia's room was paid for via Ranella's Authority issued credit card at Melenia's direction. 98. Melenia incurred personal expenses of $236.74 when attending the 2004 PMAA Workshop meeting which included hotel and spousal registration. 99. The 2005 PMAA Spring Management Workshop was held at Nemacolin Woodlands Resort. 100. The HTMA paid the registration fee of $85.00 for Melenia to attend the workshop. a. The registration fee was charged to Ranella's Authority issued credit card on February 21, 2005. b. Ranella's credit card statement documenting the registration fee was paid via Authority check #32456 dated March 14, 2005. 1. Authority check #32456 was approved for issuance via signature by Hopkin and an undistinguishable member's name. c. Melenia's wife was not registered to attend the event. 1. Although Melenia's wife was not registered for the event, Susan Melenia accompanied her husband to the location of the PMAA event. 101. Melenia and his wife were registered to stay at the hotel located on the premises of Nemacolin Woodlands Resort. a. Melenia checked in on April 4, 2005, and departed on April 5, 2005. b. The room rate was $189 /night plus taxes. c. Two people were identified in the party. Date Description of Charge Amount 4 -4 -05 Overnight Parking $ 7.00 4 -4 -05 Room $189.00 4 -4 -05 Tax2 $ 11.34 4 -4 -05 Tavern Behind the Green $ 58.40 4 -5 -05 *Servi Bar $ 50.05 Total: $315.79 Description of Expense Nature of Expense Amount Sharky's Cafe Personal $ 18.67 Tavern Behind the Green Personal $ 58.40 Room, Parking Personal $207.34 Servi -Bar Personal $ 50.00 Total: $334.41 Melenia, 07 -096 Page 25 d. Melenia was assigned room #1503. 102. Charges incurred to Melenia's room account at the Nemacolin Hotel included room charges, parking, and personal bar expenses totaling $315.79. *Servi Bar refers to in -room bar services a. Tavern Behind the Green is a bar /lounge located at the hotel. b. Melenia's total hotel charges of $315.79 were paid via Ranella's Authority issued credit card and Melenia's Authority issued credit card. 103. Melenia did not submit an expense report or receipts to the HTMA to document expenses in relation to attending the PMAA 2005 Spring Management Workshop held on April 5, 2005. 104. In addition to the charges he incurred at the Nemacolin Resort, Melenia's Authority credit card statement covering the time period of April 2005 confirms that on April 5, 2005, Melenia incurred a personal expense of $18.67 at Sharky's Cafe located at Route 20 #201, Latrobe, PA 15650. a. Melenia resides approximately 7.77 miles from Sharky's Cafe. 1. A Mapquest search indicated that Melenia lives approximately 12 minutes from Sharky's Cafe. b. The $18.67 subsistence expense was paid for by the HTMA via Authority check #32850 dated June 15, 2005. 105. Melenia charged personal expenses of $334.41 to HTMA credit cards for his attendance at the 2005 PMAA Spring Management Workshop as shown below: 106. The 2006 PMAA Spring Management Workshop was held at Nemacolin Resort on April 11, 2006. 107. Melenia's registration fee of $85.00 as well as his wife's registration fee of $100.00 was paid for by the HTMA. Date Description of Charge Amount 4 -10 -06 Room Charge in 1522 $245.00 4 -10 -06 Tax 2 $ 14.70 4 -10 -06 Tavern Behind the Green $ 11.00 4 -11 -06 Room Charge in 1522 $245.00 4 -11 -06 Tax2 $ 14.70 4 -11 -06 Servi Bar $ 19.11 4 -11 -06 Tavern Behind the Green $ 25.50 4 -11 -06 Tavern Behind the Green $ 15.50 4 -12 -06 Servi Bar $ 20.24 Total: $610.75 Melenia, 07 -096 Page 26 a. Melenia directed and authorized these expenditures. b. The registration fees were charged to Ranella's Authority issued credit card on April 5, 2006. c. Ranella's credit card statement reflecting the registration fees was paid via Authority check #34432, dated May 17, 2006. 1. Authority check #34432 was approved for issuance via signature by Regola and Hopkin. 108. Melenia and his wife were registered to stay at the hotel located on the premises of Nemacolin Woodlands Resort. a. Overnight travel was not required as the workshop site is an approximate one (1) hour commute from Melenia's residence. b. Melenia checked into the room on April 10, 2006, and checked out on April 12, 2006. c. The room rate was $245 /night plus taxes. d. Two people were identified in the party. 109. Melenia stayed at the resort the evening prior to the one day event and on the evening following the event. a. The event concluded by 3:00 p.m. on April 11, 2005. b. Melenia resides less than a one hour commute from the site. c. A hotel stay for either night was not required as part of any official workshop function. 110. Charges incurred to Melenia's room account at the hotel located on the premises of Nemacolin Woodlands Resort included the following for room charges, mini -bar and other personal expenses: a. Melenia's hotel charge of $610.75 was paid via Hopkin's Authority issued credit card and Melenia's Authority issued credit card. 1. On February 25, 2006, an advance payment of $259.70 was charged to Hopkin's Authority issued credit card. Quantity Expense Cost Total 2 Coors Lights $4.50 each $ 9.00 - Tip - $ 2.00 Grand Total: $11.00 Melenia, 07 -096 Page 27 aa. Hopkin's credit card statement reflecting the advance payment of $259.70 was paid via Authority check #34191 dated March 22, 2006. 1. Melenia's hotel arrangements were made by Hopkin, who reserved Melenia's room by charging the advance payment to her Authority issued credit card. 2. Melenia approved of the reservation. bb. Authority check #34191 was approved for issuance via signature by Regola and Hopkin. 2. The remainder of the hotel expenses ($351.05) were charged to Melenia's Authority issued credit card on April 12, 2006. aa. Melenia's credit card statement reflecting the payment of $351.05 was paid via Authority check #34432 dated May 17, 2006. bb. Authority check #34432 was approved for issuance via signature by Regola and Hopkin. 111. Melenia stayed the night of April 11, 2006, at Nemacolin Woodlands Resort even though the PMAA event had ended by the afternoon of April 11, 2006. a. The PMAA event ended at 3:00 p.m. on April 11, 2006. b. Melenia resides at [residence address of Melenia]. 1. Melenia resides approximately 52.57 miles from the resort. 2. Melenia's time of travel from the resort to his residence is approximately one hour. 112. Nemacolin Woodlands Resort receipt records indicated that the $11.00 charge Melenia incurred at the Tavern Behind the Green occurred at 5:40 p.m. on April 10, 2006, the day prior to the workshop. a. Expenses incurred at the Tavern Behind the Green included the following: b. Melenia signed the receipt and directed that the charge be billed to his room. 113. Nemacolin Woodlands Resort receipt records confirm a $25.50 charge at the Tavern Behind the Green occurred at 4:38 p.m. on April 11, 2006, after the conclusion of the workshop. a. Expenses incurred at the Tavern Behind the Green included the following: Quantity Expense Cost Total Quantity Expense Cost Total 3 Coors Lights $4.50 each $13.50 - Tip - $ 2.00 Grand Total: $15.50 Quantity Expense Cost Total 5 Coors Lights $4.50 each $22.50 - Tip - $ 4.00 Grand Total: $26.50 3 Coors Lights $4.50 each $13.50 1 Kahlua $8.00 each $ 8.00 - Tip - $ 4.00 Grand Total: $25.50 Melenia, 07 -096 Page 28 b. Melenia signed the receipt and charged the bill to his room. 114. Nemacolin Woodlands Resort receipt records confirm a $15.50 charge at the Tavern Behind the Green at 7:52 p.m. on April 11, 2006, after the conclusion of the workshop. a. Expenses incurred at the Tavern Behind the Green included the following: b. Melenia signed the receipt and charged the bill to his room. 115. Melenia's Authority credit card statement covering the time period of April 2006 detailed that on April 10, 2006, a $26.50 expense at NWL Tavern & Pool was charged to his Authority credit card. a. Nemacolin Woodlands Resort receipt records indicated that the $26.50 charge was incurred at the Tavern Behind the Green at 2:47 p.m. on April 10, 2006, prior to the start of the workshop. b. Expenses incurred at the Tavern Behind the Green included the following: c. Melenia signed the receipt and directed that the charge be billed to his room. d. Authority check #34432 dated May 17, 2006, was issued to pay for the $26.50 expense. 1. Authority check #34432 was approved for issuance via signature by Regola and Hopkin. 116. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to attending the PMAA 2006 Management Workshop. THE FOLLOWING FINDINGS RELATE TO MELENIA'S EXPENSES IN RELATION TO AWWA CONFERENCES. 117. Melenia and other Members of the HTMA Board of Directors have attended annual conferences of the AWWA. a. The AWWA is an authoritative resource on safe water, providing knowledge, information and advocacy to improve the quality and supply of water in North America and beyond. Transaction Date Transaction Description Amount Charged 3 -20 -05 US Airways Phone TKT:0372189760830 Sale NC, $418.40 3 -20 -05 US Airways Phone Sale 0372189760831 NC, TKT: $418.40 3 -20 -05 Phone Sale Fee $ 10.00 Total: $846.80 Melenia, 07 -096 Page 29 b. AWWA sponsors an annual conference which is usually held during the month of June and lasts for five days. c. Melenia has attended AWWA annual conferences held in 2005 and 2007. 118. The 2005 AWWA annual conference was held in San Francisco, California from June 12, 2005, to June 16, 2005. a. The annual conference was held at the Moscone Center located at 747 Howard Street, San Francisco, CA 94103. 119. Melenia was not registered for any AWWA events or seminars. a. Registration and payment of registration fees was required to gain access to any AWWA function. 120. Melenia and Melenia's wife purchased two direct flight US Airways tickets using his Authority issued credit card. a. Melenia purchased the US Airways tickets so that he and his wife could stay in San Francisco, CA for an additional day at the conclusion of the AWWA conference. 121. Melenia's Authority credit card statement covering the time period of March 2005 confirmed that two US Airways tickets were purchased via telephone as shown below: a. Melenia was provided airline ticket 0372189760830 and his wife [was provided airline ticket] 0372189760831. b. Total cost for Melenia's and his wife's US Airways tickets to fly from San Francisco, CA to Pittsburgh, PA direct was $846.80. 122. Melenia and his wife's US Airways airfare costs were paid for via Authority check #32850 dated June 15, 2005. a. Authority check #32850 was approved for issuance via signature by Ream and Hopkin. 123. Melenia's wife issued personal check #5979 dated June 8, 2005, to the Authority in the amount of $420.00. a. In the memo section of the check it was indicated that the check was issued for "plane fare SF." b. The check was deposited into the Authority's bank account on or about June 9, 2005. Date Charge Amount 6 -11 -05 Lobby Bar $ 16.11 6 -11 -05 Lobby Bar $ 16.65 6 -11 -05 Guest Room $195.00 6 -11 -05 California Tourism Tax $ 0.09 6 -11 -05 City Occupancy Tax $ 27.30 6 -12 -05 Room Service $ 13.51 6 -12 -05 Lobby Bar $ 16.65 6 -12 -05 Guest Room $195.00 6 -12 -05 California Tourism Tax $ 0.09 6 -12 -05 City Occupancy Tax $ 27.30 6 -13 -05 724 - 834 -0911 (time 10:05) $ 8.21 6 -13 -05 724 - 834 -3349 (time 10:33) $ 9.23 6 -13 -05 Movie $ 11.90 6 -13 -05 Lobby Bar $ 35.01 6 -13 -05 724 - 837 -0283 (time 18:21) $ 19.43 6 -13 -05 Lobby Bar $ 16.65 6 -13 -05 Movie $ 9.73 6 -13 -05 Room Service $ 60.93 6 -13 -05 Guest Room $195.00 6 -13 -05 California Tourism Tax $ 0.09 6 -13 -05 City Occupancy Tax $ 27.30 6 -14 -05 800 - 862 -6200 (time 8:15) $ 1.00 6 -14 -05 800 - 862 -6200 (time 8:23) $ 1.00 6 -14 -05 Intermezzo $ 11.74 6 -14 -05 Lobby Bar $ 16.65 6 -14 -05 Lobby Bar $ 16.65 6 -14 -05 Movie $ 9.73 6 -14 -05 Guest Room $195.00 6 -14 -05 California Tourism Tax $ 0.09 6 -14 -05 City Occupancy Tax $ 27.30 6 -15 -05 724 - 837 -0283 (time 8:39) $ 9.23 6 -15 -05 Cafe $ 34.47 Melenia, 07 -096 Page 30 124. Melenia and his wife departed Pittsburgh on June 4, 2005, at 8:05 a.m. and returned on June 16, 2005, at 7:42 p.m. 125. Melenia and his wife were registered to stay at the Hilton hotel located at 333 O'Farrell Street, San Francisco, CA 94102. a. Melenia checked in on June 11, 2005, at 3:48 p.m. and departed on June 15, 2005, at 8:49 a.m. b. The room rate was $195.00 /night plus taxes. c. Two people were identified in the party. 126. Charges incurred to Melenia's room account totaling $1,465.08 at the Hilton included room, taxes, movie rentals, alcohol purchases and meals as noted below: 6 -15 -05 Lobby Bar $ 16.65 6 -15 -05 877 - 874 -7687 (time 16:51) $ 1.00 6 -15 -05 800 - 258 -3826 (time 16:57) $ 1.00 6 -15 -05 Guest Room $195.00 6 -15 -05 California Tourism Tax $ 0.09 6 -15 -05 City Occupancy Tax $ 27.30 TOTAL: $1,465.08 Melenia, 07 -096 Page 31 a. Melenia's hotel charge of $1,465.08 was paid via Melenia's wife's personal credit card. 1. Melenia detailed his hotel expenses on an Authority expense report dated July 11, 2005. 2. Authority check #32999 dated July 13, 2005, was approved for issuance via signature by Regola and Hopkin to reimburse Melenia for the hotel charges he listed on his expense report. b. Meal purchases were for Melenia and his spouse. 127. Melenia submitted an expense report to the HTMA claiming total expenses of $1,857.27 in relation to attending the 2005 AWWA Annual Convention as shown below: Date Expense Description Amount 6 -11 -05 Dinner $ 32.76 6 -11 -05 San Francisco Hilton $222.39 6 -11 -05 Airport to hotel (van) $ 30.00 6 -11 -05 Taxi $ 10.00 6 -11 -05 Turnpike $ .75 6 -12 -05 Breakfast $ 30.16 6 -12 -05 Lunch $ 45.00 6 -12 -05 Dinner $ 60.00 6 -12 -05 SF Hilton $222.39 6 -12 -05 Taxi (hotel to hotel) $ 21.00 6 -12 -05 Calls to Authority $ 8.21 6 -12 -05 Credit Card $ 4.00 6 -13 -05 Breakfast $ 30.00 6 -13 -05 Lunch $ 73.53 6 -13 -05 Dinner $ 60.93 6 -13 -05 SF Hilton $222.39 6 -13 -05 Taxi (hotel to hotel) $ 22.25 6 -14 -05 Breakfast $ 25.00 6 -14 -05 Lunch $ 66.51 6 -14 -05 SF Hilton $222.39 6 -14 -05 Taxi (hotel to hotel) $ 20.75 6 -15 -05 Breakfast $ 34.47 6 -15 -05 Lunch $ 25.00 6 -15 -05 Dinner $ 50.00 6 -15 -05 SF Hilton $222.39 6 -15 -05 Taxi (hotel to hotel) $ 22.25 6 -16 -05 Hotel to Airport (van) $ 30.00 6 -16 -05 Turnpike $ .75 Description of Expense Nature of Expense Amount Melenia's wife's registration Personal $ 30.00 Lobby Bar 6- 11 -05, 6- 12 -05, 6- 13 -05, 6- 14 -05, 6 -15 -05 Personal $151.02 Room Service, 1/2 of $13.51 (6- 12 -05) Personal $ 6.75 Room Service, 1/2 of $60.93 (6- 13 -05) Personal $ 30.47 Intermezzo, 1 / of $11.74 (6- 14 -05) Personal $ 5.87 Movies 6 -13 -05 Movie 6 -14 -05 Personal Personal Personal $ 11.90 $ 9.73 $ 9.73 Tours 2p$81.00 Personal $162.00 Total: $417.47 Melenia, 07 -096 Page 32 6 -16 -05 Parking at Airport (Charlie Brown) $ 42.00 Total: $1,857.27 a. Melenia signed his report on or about July 11, 2005, in the "signature of employee" section. 128. Melenia did not attend any official conference function on June 13, 2005. a. Melenia, Hopkin, Regola and their spouses took a tour of the Sonoma Valley wine country. b. The tour was booked by Hopkin through PRA Destinations and charged to her HTMA credit card. 1. Costs were $81.00 per person. c. The tour consumed most of the day on June 13, 2005. 129. Melenia incurred personal expenses of $417.47 paid by the HTMA when attending the 2005 AWWA Annual Conference: 130. The 2006 AWWA Annual Conference was held in San Antonio, Texas from June 11, 2006, to June 15, 2006, at the Henry B. Gonzalez Convention Center. a. Daily conference activities were scheduled from June 11, 2006, to June 15, 2006. 131. The HTMA paid a registration fee of $75.00 for Melenia to attend the exhibit hall for only a portion of the annual conference. a. The registration fee was charged to Melenia's Authority issued credit card on March 22, 2006. b. Melenia's credit card statement reflecting Melenia's registration fee was paid via Authority check #34289 dated April 19, 2006. 1. Authority check #34289 was approved for issuance via signature by Regola and Hopkin. 132. The HTMA paid registration fees of $65.00 for Melenia's wife to attend the exhibit hall portion of the annual conference ($30.00) and a "Fiesta Party" ($35.00). a. The registration fee for Melenia's wife to have access to the exhibit hall Melenia, 07 -096 Page 33 ($30.00) was charged to Melenia's Authority issued credit card on March 22, 2006. 1. Melenia's credit card statement reflecting Melenia's wife's exhibit hall registration fee was paid via Authority check #34289 dated April 19, 2006. aa. Authority check #34289 was approved for issuance via signature by Regola and Hopkin. b. The registration fee for Melenia's wife to attend the Fiesta Party ($35.00) was charged to Melenia's Authority issued credit card on June 21, 2006. 1. Melenia's credit card statement reflecting Melenia's wife's Fiesta Party expense was paid via Authority check #34739 dated August 9, 2006. aa. Authority check #34739 was approved for issuance via signature by Melenia and Regola. 133. Melenia's and his wife's air transportation to San Antonio, TX was charged to Melenia's Authority issued credit card on April 1, 2006. a. The American Airlines tickets for Melenia and his wife cost $385.19 each. b. In addition to the airfare cost, an Expedia service fee of $10.00 was charged to Melenia's credit card on April 2, 2006. c. Total cost for Melenia and his wife to fly to San Antonio, TX was $780.38 ([$385.19 x 2] + $10.00 = $780.38). d. The airfare costs were paid for via Authority check #34432 dated May 17, 2006. e. Melenia's wife issued personal check #6215 dated May 26, 2006, to the Authority in the amount of $390.19. 134. The American Airlines airfare itinerary for Melenia confirmed a departure from Pittsburgh on June 10, 2006, at 8:13 a.m. and returning to Pittsburgh on June 17, 2006, at 12:02 a.m. 135. Melenia and his wife were registered to stay at the La Mansion hotel located at 112 College Street, San Antonio, TX 78205. a. Melenia checked in on June 10, 2006, and departed on June 16, 2006. b. The room rate was $229.00 a night. c. Two people were identified in the party. d. Melenia stayed at hotel on June 15, 2006, even though he was not part of any conference related activity on that date. 1. Melenia was registered for only the Exhibit Hall which was closed on June 15, 2006, the last day of the conference. 136. Melenia's hotel charge of $2,139.26 was paid via Melenia's Authority issued credit Melenia, 07 -096 Page 34 card. a. The Authority issued check #34739 dated August 9, 2006, to pay for the hotel expense. b. Authority issued check #34739 was approved for issuance via signature by Melenia and Regola. c. Melenia did not provide a hotel folio or receipts to the HTMAto document his stay. 137. A La Mansion Hotel receipt confirms an expense of $23.25* incurred by Melenia on June 15, 2006, between 10:00 a.m. and 10:40 a.m. was for the following: Location: Las Canarias Restaurant Date /Time: 6- 15 -06, 10:00 a.m. — 10:40 a.m. Guest(s): 2 Purchase(s): 1 Three Egg Omelet ($9.75), 1 Kid Frtst Brkfst ($6.25) and 2 Coffees ($5.50) Amount /Tip: $21.50 + $1.75 (tax) + $6.00 (tip) = $23.25* *[sic]. [There is a discrepancy in the calculation above, in Respondent's favor. Respondent will receive the benefit of the indicated amount, specifically, $23.25. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Commw. Ct. 2002).] a. Melenia signed the receipt and directed that the charge be billed to his room. 138. A La Mansion Hotel receipt details a purchase of alcoholic beverages by Melenia on June 15, 2006, between 4:06 p.m. and 4:10 p.m.: Location: Las Canarias Restaurant Date /Time: 6- 15 -06, 4:06 p.m. — 4:10 p.m. Guest(s): Not Noted Purchase(s): 1 Coors Light Amount /Tip: $4.50 + $2.00 (tip) = $6.50 a. Melenia signed the receipt and directed that the charge be billed to his room. 139. A La Mansion Hotel receipt confirms an expense of $11.95 incurred by Melenia on June 15, 2006, for the following: Location: Room Service Date /Time: 6 -15 -06 Guest(s): 1 Purchase(s): 1 Ice Cream ($6.00) and Delivery Charge of $4.00 Amount /Tip: $10.00 + Service Charge ($1.14) + Tax ($0.81) = $11.95 a. Melenia signed the receipt and directed that the charge be billed to his room. 140. Melenia's Authority issued credit card statement reflected a charge on June 14, 2005, in the amount of $35.33 for expenses incurred at the River Center Comedy Club located at 849 East Commerce, San Antonio, TX 78205. a. The Internet web site for the River Center Comedy Club indicates that shows do not begin until 8:30 p.m. or later. b. The AWWA events for which Melenia was registered ended on June 14, Transaction Date Transaction Description Amount Charged 6 -15 -06 Dick's Last Resort, San Antonio, TX $48.00 6 -15 -06 Dick's Last Resort, San Antonio, TX $ 5.41 6 -15 -06 Dick's Last Resort, San Antonio, TX $79.92 6 -15 -06 Payless Discount L, San Antonio, TX $26.59 6 -15 -06 Buckhorn Saloon & Museum, San Antonio, TX $11.00 6 -16 -06 Steers And Beers, Commerce, TX $ 7.50 Total: $178.42 Description of Expense Nature of Expense Amount Melenia's wife's registrations Exhibit Hall Personal $ 30.00 Comedy Club Entertainment $ 35.33 Other Credit card expenses between 6- 15 -06 and 6 -16 -06 Personal $138.46 Total: $203.79 Melenia, 07 -096 Page 35 2005 at noon. c. The River Center Comedy Club expense was paid for via Authority check #34739 dated August 9, 2006. 1. Authority check #34739 was approved for issuance via signature by Melenia and Regola. 141. Melenia's Authority issued credit card statement covering the time period of June 2006 detailed that Melenia charged the following personal expenses to his Authority issued credit card while in San Antonio: Expenses listed on Melenia's Authority issued credit card between June 15, 2006, and June 16, 2006, were paid for via Authority check #34739 dated August 9, 2006. 1. The Authority issued check #34739 was approved for issuance via signature by Melenia and Regola. 142. Melenia did not submit an expense report or receipts to the HTMA documenting expenses in relation to attending the 2006 AWWA Annual Convention. a. 143. Melenia charged personal expenses of $203.79 to HTMA credit cards which were not related to any conference activity. THE FOLLOWING FINDINGS RELATE TO EXPENSES CLAIMED BY MELENIA IN RELATION TO WEFTEC CONFERENCES 144. Melenia, as a member of the HTMA, has attended annual conferences hosted by the Water Environment Foundation (WEF). a. Melenia has attended two annual conferences since 2004. 1. Melenia attended the 2004 conference held in New Orleans, LA and the 2005 conference held in Washington, D.C. b. Melenia's wife attended both conferences with Melenia. Melenia, 07 -096 Page 36 c. The majority of Melenia's expenses and his wife's expenses to attend the WEF events have been paid for by the Authority. 145. The WEF is a not - for - profit technical and educational organization consisting of 32,000 individual members and 80 member associations representing approximately 50,000 water quality professionals. a. The WEF holds annual conferences and meetings. b. WEFTEC is the Water Environment Federation's Annual Technical Exhibition Conference. c. Training and educational seminars provided throughout the conferences are highly technical and directed towards environmental engineers, water and waste water treatment professionals, local, state, and federal regulators, water and waste water utility managers and operators and equipment manufacturers and representatives. 146. The 2004 WEFTEC Conference was held at the Ernest N. Morial Convention Center in New Orleans, LA from October 2, 2004 through October 6, 2004. a. Attendees must register for seminars they want to attend. 1. Fees are charged for attendance to seminars. b. Badges are provided which authorize entrance to specific seminars. c. Access to seminars is denied without a badge. d. The HTMA paid a registration fee of $125.00 for Melenia to access the EXPO for the entire week. 147. The HTMA paid a registration fee of $125.00 for Melenia to access the EXPO Hall for the duration of the conference. a. The $125.00 fee was charged to Melenia's Authority issued credit card on September 10, 2004. b. Melenia's credit card statement documenting the $125.00 fee was paid via Authority check #31728 dated October 20, 2004. 1. Authority check #31728 was authorized for issuance via signature by Regola and Hopkin. c. A Registration detail was on file with WEF that documents that Melenia was registered to attend the EXPO at the fee of $125.00. d. Melenia's wife was not registered to attend any of the WEFTEC Convention events /functions. 148. Melenia's and his wife's air transportation to New Orleans, LA was charged to Hopkin's personal American Express Gold Delta SkyMiles credit card on June 1, 2004. a. This enabled Hopkin to accrue extra mileage points on her personal credit card. Melenia, 07 -096 Page 37 b. The airline tickets for Melenia and his wife cost $221.90 each. 149. Hopkin charged airfare for Regola, Melenia, and their spouses to her credit card as noted below: Individual Cost Regola's airfare 221.90 Regola's wife's airfare $221.90 Brian Melenia's airfare $221.90 Brian Melenia's wife's airfare $221.90 Total: $887.60 a. Hopkin charged a total of $1,331.40 to American Express ($221.90 x 6 = $1,331.40) so that Hopkin, Hopkin's husband, Regola, Regola's wife, Melenia, and Melenia's wife were able to travel to New Orleans, LA. b. The charging of the airfares to Hopkin's personal card enabled Hopkin to obtain air miles points. c. Hopkin submitted her American Express Gold Delta SkyMiles credit card statement to support her claim. 1. The statement reflected that the $1,331.40 paid was not for just board members' airfare but for their spouses' airfare as well. d. Hopkin was issued Authority check #31090 dated May 27, 2004, to reimburse her for the total airfare ($1,331.40). 1. Authority check #31090 was approved for issuance via signature by Hopkin and Regola. 150. Melenia never reimbursed the HTMA for his wife's airfare of $221.90 or his airfare of $221.90. 151. No records exist that Melenia stayed at The Sheraton Hotel at any time during the October 2, 2004, to October 6, 2004, conference. a. Authority records did not indicate that a hotel expense was paid for in regards to Melenia's trip to New Orleans, LA. b. No record exists that Melenia attended this conference. 152. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to the 2004 WEFTEC Convention. 153. The 2005 WEFTEC Conference was held at the Washington Convention Center from October 29, 2005, through November 1, 2005. a. The HTMA paid a registration fee of $145.00 for Melenia to access the EXPO for the duration of the conference. b. The HTMA paid a fee of $135.00 for Melenia's wife to participate in the lifestyle program sponsored by WEF. c. Lifestyle programs are intended to provide sightseeing tours of points of Melenia, 07 -096 Page 38 interest in the area where the convention is being held. 154. Melenia and his wife were registered to stay at the Marriott hotel located at 1331 Pennsylvania Avenue, Washington, DC 20004. a. Melenia checked in on October 29, 2005, and departed on November 2, 2005. b. The room rate was $439.00 /night plus taxes. c. Two people were identified in the party. 155. Melenia's hotel expense of $2,426.90 was charged to Melenia's Authority issued credit card. a. Melenia's credit card statement reflecting the hotel charge was paid via Authority check #33772 dated December 21, 2005. b. Authority check #33772 was approved for issuance via signature by Regola and Pecarchik. c. Melenia did not submit a hotel folio or receipts to document expenses in relation to his stay at the Marriott. 156. Melenia's Authority credit card statement for October 2005 documents that on October 29, 2005, Melenia charged a Gray Line Tours expense of $140.00 to his Authority issued credit card. a. This was the first day of the conference. b. Melenia's credit card statement reflecting the Gray Line Tour charge was paid via Authority check #33572. 1. Authority check #33572 was approved for issuance via signature by Regola and Hopkin. c. Melenia did not participate in any conference activity on October 29, 2005. THE FOLLOWING FINDINGS RELATE TO MELENIA CHARGING PERSONAL EXPENSES TO HIS AUTHORITY ISSUED CREDIT CARD THAT DO NOT PERTAIN TO MELENIA ATTENDING FUNCTIONS CONSIDERED AUTHORITY BUSINESS. 157. In addition to using his HTMA issued credit card to make personal purchases while attending conventions and seminars, Melenia used the card from 2005 to 2007 to make purchases of food, gasoline, and alcoholic beverages. 158. Melenia issued personal checks to reimburse the Authority for the majority of these personal charges he made between 2005 and 2007 with his Authority issued credit card that were unrelated to attendance at conventions, seminars, etc. a. These reimbursements would occur approximately one month after expenses were incurred and the HTMA statement [was received]. 159. Between June 30, 2005, and July 27, 2005, purchases of gasoline and restaurant expenses totaling $102.36 were made by Melenia and charged to his HTMA issued credit card. Transaction Date Transac Desc Amount 6 -30 -05 SUNOCO SVC STATION GREENSBURG PA $ 9.42 7 -14 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -19 -05 SUNOCO SVC STATION GREENSBURG PA $20.00 7 -20 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -24 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -24 -05 SUNOCO SVC STATION GREENSBURG PA $10.00 7 -25 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -26 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -27 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 8 -12 -05 Total: $102.36 Transaction Date Transaction Description Amou nt 7 -28 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.99 7 -29 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -30 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $11.99 7 -31 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 7 -31 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $12.50 8 -1 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $20.98 8 -2 -05 BEVERAGE WAREHOUSE, INC GREENSBURG PA $66.75 8 -2 -05 SUNOCO SVC STATION GREENSBURG PA $ 9.52 8 -7 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 8 -12 -05 SUNOCO SVC STATION GREENSBURG PA $ 9.52 8 -15 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 8 -16 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 8 -17 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 8 -19 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 Total: $215.68 Transaction Date Transaction Description Amount 11 -2 -05 EXXONMOBIL83 04698049 WASHINGT DC $25.00 11 -9 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 11 -15 -05 020172 SHEETZ 00000596 LATROBE PA $ 7.89 Melenia, 07 -096 Page 39 a. Melenia issued personal check #656 dated August 18, 2005, in the amount of $102.36 to reimburse the HTMA for the expenses listed above. 160. From July 28, 2005, to August 19, 2005, Melenia used the HTMA issued credit card for the following personal expenses totaling $215.68 including alcoholic beverages of at least $66.75: a. Melenia reimbursed the HTMA for those personal [charges] by a personal check #3705 dated September 29, 2005, in the amount of $215.68. 161. Melenia used the HTMA credit card for personal purchases made between November 2, 2005, and November 29, 2005, totaling $134.85 as follows: Transaction Date Transaction Description Amount 12 -5 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 12 -6 -05 SUNOCO SVC STATION GREENSBURG PA $10.00 12 -9 -05 010229 SHEETZ 00002295 IRWIN PA $20.00 12 -9 -05 FONTANA'S CAFE NORTH HUNTINGPA $11.00 12 -10 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 12 -11 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 12 -12 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 12 -13 -05 FONTANA'S CAFE NORTH HUNTINGPA $11.00 12 -18 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 12 -19 -05 SUNOCO SVC STATION GREENSBURG PA $20.00 12 -23 -05 SUNOCO SVC STATION GREENSBURG PA $20.00 12 -26 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 12 -28 -05 SUNOCO SVC STATION GREENSBURG PA $9.42 Total: $164.36 11 -18 -05 SUNOCO SVC STATION GREENSBURG PA $10.00 11 -27 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 11 -28 -05 020172 SHEETZ 00001727 BLACK LICK PA $50.00 11 -28 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 11 -29 -05 MONTAGNAS REST GREAT ESCAGREENSBURG PA $10.49 Total: 134.85 Transaction Date Transaction Description Amount 2 -22 -07 Sunoco SVC Station Greensburg, PA $15.00 Total: $15.00 Melenia, 07 -096 Page 40 a. Melenia reimbursed the HTMA through personal check #3751 dated December 30, 2005, in the amount of $160.34. 1. $25.49 of the check amount could not be attributed to a specific credit card charge(s). 162. Melenia used the HTMA credit card for personal purchases during December 2005 to incur personal expenses totaling $164.36 as follows: a. Melenia reimbursed the HTMA through personal check #3752 dated January 11, 2006, in the amount of $199.36. 1. $35.00 of the check amount could not be attributed to a specific credit card charge(s). 163. Melenia made a personal purchase of fuel using the HTMA issued card on February 22, 2007, as follows: a. Melenia issued personal check #3978 dated March 12, 2007, in the amount of $15.00 to the HTMA as reimbursement. 164. Melenia made other personal purchases using the HTMA issued credit card for which no reimbursement was ever made as noted below: Transaction Date Transaction Description Amount Charged 9 -10 -05 Sunoco SVC Station Greensburg, PA $35.00 10 -2 -05 Sunoco SVC Station Greensburg, PA $20.00 10 -17 -05 Montagna's Rest Great Escape Greensburg, PA $10.49 10 -17 -05 Sunoco SVC Station Greensburg, PA $20.00 10 -29 -05 Sunoco SVC Station Greensburg, PA $35.76 6 -9 -06 Sheetz Irwin, PA $37.01 9 -13 -06 Sunoco SVC Station Greensburg, PA $33.25 Total: $191.51 Melenia, 07 -096 Page 41 165. On October 15, 2008, and October 17, 2008, Melenia prov records and correspondence via US Postal Service and fax to the Investigative Division of the State Ethics Commission in relation to reimbursing the HTMA for personal expenses charged by him on his Authority issued credit card. Correspondence #1 "Brian Melenia's Reimbursements July and August 2005 I accidentally used my Municipal Authority card instead of my personal charge card. Both cards had American flags on them and I did not realize I used the wrong card until my bill came in. I reimbursed the Authority as soon as I was aware of what happened. I then made two payments in January 2006 for doing the same thing again. February, 2007 I was coming home from work and needed gas. It was pouring down rain and the only card I had in my truck was the Municipal Authority card. I had no cash on me and it was all I had. I called Regis Ranella the next day and he told me to pay it at the next board meeting. The amount was $15.00. I hope this information will be helpful to you in clearing up this matter. Sincerely Brian Melenia" Correspondence #2 All the charges that I accidentally made on the wrong card were for food, cigarettes, beer and gas. The following pages show the charges and my reimbursement checks. I hope these will be helpful! Thank -You" 166. Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Annual Conferences held from 2003 through 2006. 167. Melenia voted to approve 12 of 13 Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Dinner Meetings held from 2003 through 2007. 168. Melenia voted to approve 4 out of 5 Authority bill lists in which Authority checks Melenia, 07 -096 Page 42 were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Workshops held from 2004 through 2006. 169. Melenia voted to approve 6 of 7 Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the AWWA Conferences held in 2005 and 2006. 170. Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the WEFTEC Conferences. 171. Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to having personal expenses charged to his Authority credit card paid for by the Authority. 172. Melenia, as a Member of the HTMA, was required to annually file a Statement of Financial Interests (SFI). a. Forms are to be filed by May 1 of each year. 173. A Statement of Financial Interests compliance review was conducted by the Investigative Division of the State Ethics Commission. a. No Statement of Financial Interests is on file with for Melenia for calendar year 2004. 174. Melenia filed SFIs for the 2005 and 2006 calendar years. a. Melenia filed for calendar year 2005 on January 19, 2006, and calendar year 2006 on April 20, 2007. 175. Melenia is the owner of Melenia Hardwoods. a. Melenia did not disclose Melenia Hardwoods as a direct or indirect source of income on either the SFI filed for calendar year 2005 or the SFI filed for calendar year 2006. III. DISCUSSION: As a Member of the Hempfield Township Municipal Authority (hereinafter also referred to as "HTMA" or "Authority "), Westmoreland County, since at least 2003, Respondent Brian Melenia (hereinafter also referred to as "Respondent," "Respondent Melenia," and "Melenia ") has 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 Respondent Melenia violated Sections 1103(a) and 1105(b)(5) of the Ethics Act when he, as a Member of the HTMA, used the authority of his office for private pecuniary gain including but not limited to using the Authority credit cards to incur expenses of a personal nature for himself and /or his spouse for attendance at various conventions and seminars; when he failed to file a Statement of Financial Interests for the 2004 calendar year by May 1, 2005; and when he failed to disclose all direct /indirect sources of income on Statements of Financial Interests filed for the 2005 and 2006 calendar years. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: Melenia, 07 -096 Page 43 65 Pa.C.S. § 1103(a). § 1103. Restricted activities (a) Conflict of interest. —No public official or public 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. Subject to certain statutory exceptions not applicable to this matter, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the Statement of Financial Interests the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 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 Melenia has served as a member of the HTMA since at least 2003. Melenia held the position of board secretary of the HTMA from January 12, 2004, to January 13, 2008. HTMA checks require the signature of two authorized signatories. All five HTMA Board Members and the General Manager have signature authority over the financial accounts of HTMA. Since at least 1996, HTMA Board Members and selected employees have regularly attended conferences, conventions, seminars, and workshops. Such travel has included events sponsored by the following: Pennsylvania Municipal Authorities Association (PMAA); Water Environment Federation (WEF); and American Water Works Association (AWWA). Melenia, 07 -096 Page 44 Prior to August 2007, Board authorization was not required if a Member wanted to attend an event of interest. Registration of an HTMA Board Member for an event was either done by the Board Member or by an HTMA staff member. If registration was completed by a staff member, the staff member was directed by the Board Member as to what events the Board Member wanted to attend and whom the Board Member wanted to bring to the event as a guest. Melenia and other Board Members were encouraged by Board Chairman Robert Regola ( "Regola ") to bring their spouses and /or "significant others" to events. Accommodations /registrations for spouses /guests were not made unless at the direction of a Board Member. Prior to August 2007, the Authority did not have a travel expense policy. HTMA Board Members who traveled at Authority expense were to file expense reports with the Authority detailing expenses incurred. Expense reports were to be completed by the individual incurring the expense(s). Expenses paid via an Authority credit card were rarely documented on an expense report. Prior to 2004, only the General Manager and the Finance Director of the HTMA had Authority credit cards. In approximately mid -2004, HTMA Board Members also received Authority credit cards to utilize for travel expenses. Melenia's Authority credit card was active from August 2004 until July 13, 2007, when the account was closed. Conference, convention, seminar, and workshop related expenses were included on bill lists for approval at HTMA Board meetings. Board Member expenses were approved by Board vote after expenses were incurred. Melenia regularly voted to approve travel expenses, including his own. Authority staff members requested that Board Members provide receipts to document expenses. This request was ignored by Board Members including Melenia who continued to make charges to Authority credit cards without submitting supporting documentation. HTMA management did not consistently request receipts to be provided by the Board after being ignored on several occasions. Additionally, Regola informed Authority staff that if mail addressed to a Board Member was opened by someone other than the Board Member, the Authority staff member would be fired. This was in reference to HTMA Board Member credit card statements. If a Board Member did not provide any verbal or written directives in regard to how his or her statement should be paid, management paid the statement without review. In 2007, Board Member Bob Davidson began reviewing charges the Board Members were making with regard to their attendance at conferences, conventions, seminars, and workshops. The review indicated that certain Board Members, specifically Hopkin, Regola, and Melenia, were making substantial charges for hotel expenses and subsistence; that Board Members' spouses' expenses were being paid for by the Authority; and that personal expenses (such as alcohol, gas, etc.) were being charged to Authority credit cards. On August 13, 2007, the Board adopted the "Hempfield Township Municipal Authority Conference Expense Policy." The HTMA Conference Expense Policy outlines guidelines including attendees, eligible expenses for reimbursement, itemization of expenses, maximum travel and reimbursement and ineligible expenses. Since the adoption of the Conference Expense Policy, there has been a sharp decline in Board Members attending conferences, conventions, seminars, and workshops. The parties have stipulated that Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the following events discussed below: (1) the PMAA Melenia, 07 -096 Page 45 Annual Conferences held from 2003 through 2006; and (2) the 2004 and 2005 WEFTEC Conferences. The parties have stipulated that Melenia voted to approve: (1) twelve of thirteen Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Dinner Meetings held from 2003 through 2007; (2) four out of five Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Workshop Meetings held from 2004 through 2006; and (3) six of seven Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the 2005 and 2006 AWWA Annual Conferences. The parties have further stipulated that Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to having additional personal expenses charged to his Authority credit card paid for by the Authority, as detailed in Fact Findings 157 -164. We shall now review the material facts pertaining to the PMAA events, AWWA Conferences, and WEFTEC Annual Conferences attended by Melenia. PMAA Events Melenia, as an HTMA board member, has regularly attended the various events hosted by the PMAA. Melenia's wife accompanied Melenia to the majority of the events he attended. The majority of Melenia's expenses and his wife's expenses to attend PMAA events have been paid by the Authority. a. PMAA Annual Conferences Melenia attended the 2003 PMAA Annual Conference held in Hershey, Pennsylvania, from Sunday, August 24, 2003, to Wednesday, August 27, 2003. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference, which included breakfasts on August 25, 2003, and August 26, 2003. The HTMA paid personal expenses of $203.21 in relation to Melenia's attendance at the 2003 PMAA Annual Conference as detailed in Fact Finding 34. Such personal expenses included admission to Hershey Park for Melenia and his wife as well as other entertainment events, and a movie charge of $12.71. These charges were billed to the General Manager's Authority credit card. Hopkin and the General Manager signed the HTMA checks paying the General Manager's Authority credit card statements that included these charges. Melenia did not submit an expense report or receipts to the HTMA documenting expenses in relation to attending the 2003 PMAA Annual Conference. Melenia attended the 2004 PMAA Conference held in Pittsburgh, Pennsylvania, from Sunday, August 22, 2004, through Wednesday, August 25, 2004. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference, which included breakfast on August 23, 2004, and August 24, 2004. The parties have stipulated that the HTMA paid personal expenses of $241.52 in relation to Melenia's attendance at the 2004 PMAA Annual Conference as detailed in Fact Finding 41. Such personal expenses included entertainment events, alcohol and /or meals for Melenia and his spouse at a Pittsburgh restaurant on August 23, 2004; an expense incurred at The Original Fish Market" in Pittsburgh, Pennsylvania, on August 25, 2004, after the conference; and a movie charge of $13.90. The movie charge was part of Melenia's hotel bill, which was charged to an HTMA staff member's Authority credit card. The aforesaid subsistence charges were billed to Melenia's Authority credit card. The credit card statements that included the movie and subsistence charges were paid by Authority checks signed by Board Members Regola and Melenia, 07 -096 Page 46 Hopkin, and Ream and Pecarchik, respectively. Melenia did not submit an expense report or receipts to the HTMA to document expenses in relation to attending the 2004 PMAA Annual Conference. Melenia did not provide any receipts to document the subsistence expenses charged to his Authority credit card. The 2005 PMAA Conference was held in Hershey, Pennsylvania, from Sunday, September 11, 2005, through Wednesday, September 13, 2005. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference. Melenia and his wife were registered to stay at the Hershey Lodge but did not check in to the hotel. Melenia did not attend the conference. Melenia attended the 2006 PMAA Conference held in Hershey, Pennsylvania, from Sunday, September 10, 2006, through Wednesday, September 13, 2006. The HTMA paid a registration fee of $195.00 for Melenia to attend the conference, which included breakfast on September 11, 2006 and September 12, 2006. The HTMA paid personal expenses of $323.84 in relation to Melenia's attendance at the 2006 PMAA Annual Conference as detailed in Fact Finding 62. Such personal expenses included entertainment events; a personal telephone call charge of $5.80; alcoholic beverages; breakfasts on September 12, 2006, and September 13, 2006, when such breakfasts for Melenia on those days had already been paid through the registration fee; and other food. For charges to Melenia's room, including alcoholic beverage charges, Melenia signed the receipts and directed that the charges to be billed to his room. In his capacity as a Board Member, Melenia registered himself and /or his wife to attend the aforesaid entertainment events at the conference. All of the above expenses were charged to Melenia's Authority credit card. The credit card statement that included the subsistence charges was paid by an Authority check signed by Board Members Regola and Hopkin. Melenia did not provide his hotel folio or receipts to the Authority to document the expenses charged to his room. Melenia did not submit an expense report or receipts to the HTMA to document expenses incurred in relation to attending the 2006 PMAA Annual Conference. b. PMAA Dinner Events The PMAA holds Region 9 Dinners in or around April and /or November of each year. In 2003, 2004, 2005, 2006, and 2007, the Spring Dinner meetings were held at Seven Springs Resort, Champion, Pennsylvania. Fall Dinner meetings were held at various locations. The 2003 Region 9 Spring Dinner meeting was held on Saturday, April 12, 2003. The cost of the dinner per person was $37.00. The HTMA paid a fee of $74.00 for Melenia and his wife to attend the dinner. The fee was paid by Authority check #29018 dated March 26, 2003. Authority check #29018 was signed by Melenia and Hopkin. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort even though the facility was only 27 miles from Melenia's home and the event concluded at approximately 9:00 p.m. on April 12, 2003. Charges to Melenia's room account at the Seven Springs hotel totaled $92.65 for room rental and taxes. The HTMA issued Authority check #29617 dated July 30, 2003, to Melenia as reimbursement for the charges. Authority check #29617 was signed by Hopkin and the HTMA General Manager. Melenia, 07 -096 Page 47 Melenia attended the 2004 Region 9 Spring Dinner meeting, which was held on Saturday, April 17, 2004. The HTMA paid dinner fees totaling $70.00 for Melenia and his wife to attend the dinner. The fee was paid by Authority check #30854 dated April 1, 2004. Authority check #30854 was signed by Hopkin and Pecarchik. On March 31, 2004, an HTMA staff member sent a fax to Seven Springs Resort indicating that his Authority issued credit card could be used for "any and all incidentals" related to Melenia's stay. This was prior to Board Members directing that the HTMA provide them with credit cards. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort. Melenia opted to stay at Seven Springs even though the dinner event concluded on or about 9:00 p.m. Melenia checked in on April 17, 2004, and departed on April 18, 2004. The room rate was $150.00 /night plus taxes. Melenia's hotel charge of $225.75 was paid via the HTMA staff member's Authority credit card. These charges included room costs and additional charges totaling $75.75 for alcoholic beverages for Melenia and others. Melenia signed the receipts for the alcoholic beverage charges and directed that the charges be billed to his room. Melenia did not submit an expense report or receipts to document expenses for the 2004 Region 9 Spring Dinner meeting. The 2004 Region 9 Fall Dinner meeting was held in Penn Hills, Pennsylvania, on Thursday, November 11, 2004. The HTMA paid dinner charges totaling $70.00 for Melenia and his wife to attend the dinner. The fee was paid by Authority check #31826 dated November 3, 2004. Authority check #31826 was signed by Hopkin and Pecarchik. The 2005 Region 9 Spring Dinner meeting was held on Saturday, April 2, 2005. The HTMA paid dinner costs of $40.00 for Melenia to attend the dinner. Melenia's wife accompanied him but was not registered for dinner. The fee was paid by Authority check #32494 dated March 23, 2005. Authority check #32494 was signed by Hopkin and another individual. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort. Melenia checked in on April 2, 2005, and departed on April 3, 2005. The room rate was $154.00 /night. Melenia's hotel charge of $154.00 was paid via an HTMA staff member's Authority credit card on March 16, 2005. The Authority subsequently issued check #32577, dated April 11, 2005, to pay for the hotel expense. Authority issued check #32577 was approved for issuance via signatures of Hopkin and Pecarchik. Melenia used his Authority credit card to incur $97.75 in personal expenses while staying overnight at Seven Springs for bar /restaurant charges. These personal charges were paid via Authority check #32850, dated June 15, 2005, even though Melenia did not submit any receipts for expenses listed on his Authority credit card statement. Authority check #32850 was approved for issuance via signatures of Board Members Ream and Hopkin. Melenia did not submit an expense report or receipts to the HTMA to document expenses in relation to attending the PMAA 2005 Spring Dinner meeting. The 2005 Region 9 Fall Dinner meeting was held in Pittsburgh, Pennsylvania on Saturday, November 5, 2005. The HTMA paid meal costs totaling $80.00 for Melenia and his wife to attend the dinner. The fee was paid by Authority check #33493 dated November 2, 2005. Melenia, 07 -096 Page 48 The 2006 Region 9 Spring Dinner meeting was held on Saturday, April 22, 2006. The HTMA paid dinner costs totaling $80.00 for Melenia and his wife to attend the dinner. The fee was paid by Authority check #34376 dated May 3, 2006. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort. Melenia checked in on April 22, 2006, and departed on April 23, 2006. The room rate was $154.00 /night. Charges incurred to Melenia's room account at the Seven Springs hotel totaled $224.50 and included room and alcoholic beverage expenses. Melenia signed the receipts for the alcoholic beverage purchases and directed that they be charged to his room. Melenia's hotel charge of $224.50 was paid via an HTMA staff member's Authority issued credit card. The Authority subsequently issued check #34432, dated May 17, 2006, to pay for the hotel expenses. Authority check #34432 was approved for issuance via signatures of Regola and Hopkin. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to attending the PMAA 2006 Spring Dinner meeting. The 2007 Region 9 Spring Dinner meeting was held on Saturday, May 19, 2007. The HTMA paid a fee totaling $80.00 for Melenia and his wife to attend the dinner. Melenia and his wife were registered to stay at the Seven Springs hotel located at the resort despite the meeting location being a short distance from Melenia's home and the meeting concluding by 9:00 p.m. negating the need for an overnight stay. Melenia directed that HTMA make a reservation at the hotel on his behalf. Melenia checked in on May 19, 2007, and departed on May 20, 2007. The room rate was $160.00 /night. Melenia's room account at the Seven Springs hotel totaled $205.53 and included room expenses and charges for alcoholic beverages. Melenia's hotel charge of $205.53 was paid via an HTMA staff member's Authority credit card and Melenia's Authority credit card. An advance payment of $160.00 was paid via an HTMA staff member's Authority credit card on May 16, 2007, at Melenia's direction. The credit card statement including that charge was paid via Authority check #36070. Melenia charged the remainder of the expenses ($45.53) to his Authority credit card on May 20, 2007. The latter charges were paid via Authority check #36113 dated June 20, 2007. For the alcoholic beverages charged to his room, Melenia signed the receipts and directed that the purchases be charged to his room. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to attending the PMAA 2007 Spring Dinner meeting. c. PMAA Management Workshop Meetings The PMAA holds Management Workshop Meetings in or around April each year. Melenia attended the 2004, 2005, and 2006 Management Workshop Meetings, which were held at the Nemacolin Woodlands Resort, Farmington, Pennsylvania. Melenia's wife attended the Management Workshop Meetings with Melenia in 2004 and 2006. The resort is located less than a one hour commute from Melenia's home. Workshop sessions began at 9:00 a.m. and concluded by 3:15 p.m. with a one hour lunch break. Registration fees were $85.00 for a member and $100.00 for a non - member. The 2004 PMAA Spring Management Workshop was held on April 6, 2004. The HTMA paid the registration fees totaling $185.00 for Melenia and his wife to attend the workshop. The registration fee was charged to an HTMA staff member's Authority credit card on March 16, 2004, at Melenia's direction. Melenia, 07 -096 Page 49 Melenia and his wife registered to stay at the hotel located on the premises of Nemacolin Woodlands Resort even though the event location was less than a one hour commute from Melenia's home and activities did not begin until approximately 9:00 a.m. A Nemacolin Woodlands confirmation document (on file at the Authority) dated March 30, 2004, details that Melenia was to arrive at the hotel on April 5, 2004, and depart on April 6, 2004. The confirmation document detailed that the room rate was $136.74 and that a deposit of $136.74 was received. The advance payment of $136.74 for Melenia's room was paid via an HTMA staff member's Authority credit card at Melenia's direction. Melenia incurred personal expenses of $236.74 when attending the 2004 PMAA Workshop meeting, which included hotel and spousal registration. The 2005 PMAA Spring Management Workshop was held on April 5, 2005. The HTMA paid the registration fee of $85.00 for Melenia to attend the workshop. The registration fee was charged to an HTMA staff member's Authority credit card on February 21, 2005. The staff member's credit card statement that included the registration fee was paid via Authority check #32456 dated March 14, 2005. Authority check #32456 was approved for issuance via signatures of Hopkin and another individual. Although Melenia's wife was not registered for the event, she accompanied her husband to the location of the event. Melenia and his wife were registered to stay at the hotel located on the premises of Nemacolin Woodlands Resort. Melenia checked in on April 4, 2005, and departed on April 5, 2005. The room rate was $189 /night plus taxes. Charges incurred to Melenia's room account at the Nemacolin Hotel totaled $315.79 and included room charges, parking, "Servi Bar" expenses totaling $50.05, and bar /lounge expenses totaling $58.40. Melenia's total hotel charges of $315.79 were paid via an HTMA staff member's Authority credit card and Melenia's Authority credit card. Melenia did not submit an expense report or receipts to the HTMA to document expenses in relation to attending the PMAA 2005 Spring Management Workshop. In addition to the charges he incurred at the Nemacolin Resort, Melenia's Authority credit card statement covering the time period of April 2005 confirms that on April 5, 2005, Melenia incurred a personal expense of $18.67 at Sharky's Cafe located at Route 20 #201, Latrobe, PA 15650. Melenia resides approximately 7.77 miles (12 minutes) from Sharky's Cafe. The $18.67 subsistence expense was paid by the HTMA via Authority check #32850 dated June 15, 2005. Melenia charged personal expenses of $334.41 to HTMA credit cards for his attendance at the 2005 PMAA Spring Management Workshop as calculated at Fact Finding 105. The 2006 PMAA Spring Management Workshop was held on April 11, 2006. Melenia's registration fee of $85.00 as well as his wife's registration fee of $100.00 was paid by the HTMA. Melenia directed and authorized these expenditures. The registration fees were charged to an HTMA staff member's Authority credit card on April 5, 2006. The credit card statement that included the charge for these registration fees was paid via Authority check #34432, dated May 17, 2006. Authority check #34432 was approved for issuance via signatures of Regola and Hopkin. Melenia and his wife were registered to stay at the hotel located on the premises of Nemacolin Woodlands Resort. Melenia checked into the room on April 10, 2006, and checked out on April 12, 2006. The room rate was $245 /night plus taxes. Melenia, 07 -096 Page 50 Melenia stayed at the resort the evening prior to the one day event and the evening following the event. The event concluded by 3:00 p.m. on April 11, 2005. As noted above, Melenia resides less than a one hour commute from the site. A hotel stay for either night was not required as part of any official workshop function. Charges incurred to Melenia's room account at the hotel totaled $610.75 and included room charges, Servi Bar charges totaling $20.24 and other personal expenses including alcoholic beverages. Melenia's hotel charge of $610.75 was paid via Hopkin's Authority credit card and Melenia's Authority credit card. On February 25, 2006, an advance payment of $259.70 was charged to Hopkin's Authority credit card. Hopkin's credit card statement that included the advance payment of $259.70 was paid via Authority check #34191 dated March 22, 2006. Authority check #34191 was approved for issuance via signatures of Regola and Hopkin. The remainder of the hotel expenses ($351.05) were charged to Melenia's Authority credit card on April 12, 2006. Melenia's credit card statement that included the payment of $351.05 was paid via Authority check #34432 dated May 17, 2006. Authority check #34432 was approved for issuance via signatures of Regola and Hopkin. For the alcoholic beverages charged to his room, Melenia signed the receipts and directed that the charges be billed to his room. Melenia's Authority credit card statement covering the time period of April 2006 included an addition expense for alcoholic beverages at the site on April 10, 2006, which was charged to Melenia's Authority credit card. Authority check #34432 dated May 17, 2006 was issued to pay for the expense. As noted above, Authority check #34432 was approved for issuance via signatures of Regola and Hopkin. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to attending the PMAA 2006 Management Workshop. The 2005 AWWA Annual Conference The 2005 AWWA annual conference was held in San Francisco, California, from June 12, 2005, to June 16, 2005. Registration and payment of registration fees was required to gain access to any AWWA function. Melenia was not registered for any AWWA events or seminars. Using Melenia's Authority credit card, Melenia and his wife purchased two direct flight US Airways tickets so that they could stay in San Francisco for an additional day at the conclusion of the AWWA conference. Total cost for Melenia and his wife's US Airways tickets to fly from San Francisco to Pittsburgh direct was $846.80. Melenia's and his wife's US Airways airfare costs were paid via Authority check #32850 dated June 15, 2005. Authority check #32850 was approved for issuance via signatures of Ream and Hopkin. Melenia's wife reimbursed the HTMA for her airfare. Melenia and his wife departed Pittsburgh on June 4, 2005, at 8:05 a.m. and returned on June 16, 2005, at 7:42 p.m. Melenia and his wife were registered to stay at the Hilton hotel located at 333 O'Farrell Street, San Francisco, CA 94102. Melenia checked in on June 11, 2005, at 3:48 p.m. and departed on June 15, 2005, at 8:49 a.m. The room rate was $195.00 /night plus taxes. Melenia, Hopkin, Regola and their spouses took a tour of the Sonoma Valley wine Melenia, 07 -096 Page 51 country on June 13, 2005. The tour was booked by Hopkin through PRA Destinations and charged to her HTMA credit card. Costs were $81.00 per person. The tour consumed most of the day on June 13, 2005. Melenia incurred personal expenses of $417.47 paid by the HTMA when attending the 2005 AWWA Annual Conference, as detailed at Fact Finding 129. Melenia submitted an expense report to the HTMA claiming total expenses of $1,857.27 in relation to attending the 2005 AWWA Annual Convention as detailed in Fact Finding 127. Melenia signed his report on or about July 11, 2005, in the "signature of employee" section. Authority check #32999 dated July 13, 2005, was approved for issuance via signatures of Regola and Hopkin to reimburse Melenia for the hotel charges listed on his report. The 2006 AWWA Annual Conference The 2006 AWWA Annual Conference was held in San Antonio, Texas from June 11, 2006, to June 15, 2006. The HTMA paid a registration fee of $75.00 for Melenia to attend the exhibit hall for only a portion of the annual conference. The registration fee was charged to Melenia's Authority credit card on March 22, 2006. Melenia's credit card statement that included Melenia's registration fee was paid via Authority check #34289 dated April 19, 2006. Authority check #34289 was approved for issuance via signatures of Regola and Hopkin. The HTMA paid registration fees of $65.00 for Melenia's wife to attend the exhibit hall portion of the annual conference ($30.00) and a "Fiesta Party" ($35.00). The registration fee for Melenia's wife to have access to the exhibit hall ($30.00) was charged to Melenia's Authority credit card on March 22, 2006. Melenia's credit card statement reflecting Melenia's wife's exhibit hall registration fee was paid via Authority check #34289 dated April 19, 2006. Authority check #34289 was approved for issuance via signatures of Regola and Hopkin. The registration fee for Melenia's wife to attend the Fiesta Party ($35.00) was charged to Melenia's Authority credit card on June 21, 2006. Melenia's credit card statement reflecting Melenia's wife's Fiesta Party expense was paid via Authority check #34739 dated August 9, 2006. Authority check #34739 was approved for issuance via signatures of Melenia and Regola. Melenia's and his wife's air transportation to San Antonio was charged to Melenia's Authority credit card on April 1, 2006. The American Airlines tickets for Melenia and his wife cost $385.19 each. In addition to the airfare cost, an Expedia service fee of $10.00 was charged to Melenia's credit card on April 2, 2006. Total cost for Melenia and his wife to fly to San Antonio was $780.38. The airfare costs were paid via Authority check #34432 dated May 17, 2006. Melenia's wife issued personal check #6215 dated May 26, 2006, to the Authority in the amount of $390.19. The American Airlines airfare itinerary for Melenia confirmed a departure from Pittsburgh on June 10, 2006, at 8:13 a.m. and return to Pittsburgh on June 17, 2006, at 12:02 a.m. Melenia and his wife were registered to stay at the La Mansion hotel located at 112 College Street, San Antonio, TX 78205. Melenia checked in on June 10, 2006, and departed on June 16, 2006. The room rate was $229.00 a night. Melenia stayed at the hotel on June 15, 2006, even though he was not part of any conference related activity on that date. Melenia was registered for only the Exhibit Hall, which was closed on June 15, 2006, the last day of the conference. Melenia's hotel charge of $2,139.26 was paid via Melenia's Authority credit card. Melenia, 07 -096 Page 52 The Authority issued check #34739 dated August 9, 2006, to pay for the hotel expense. Authority check #34739 was approved for issuance via signatures of Melenia and Regola. Melenia did not provide a hotel folio or receipts to the HTMA to document his stay. Melenia did not submit an expense report or receipts to the HTMA documenting expenses in relation to attending the 2006 AWWA Annual Convention. Melenia charged personal expenses of $203.79 to HTMA credit cards which were not related to any conference activity, as calculated at Fact Finding 143. Such expenses included his wife's registration for the Exhibit Hall, Comedy Club charges, and other personal expenses. Except for Melenia's wife' registration fee for Exhibit Hall, these expenses were paid via Authority check #34739 dated August 9, 2006. Authority check #34739 was approved for issuance via signatures of Melenia and Regola. WEFTEC Annual Conferences At WEFTEC conferences, fees are charged for attendance at seminars, and attendees must register for seminars they want to attend. Badges are provided that authorize entrance to specific seminars. Access to seminars is denied without a badge. As a member of the HTMA, Melenia attended the 2004 WEFTEC conference held in New Orleans, Louisiana, and the 2005 WEFTEC conference held in Washington, D.C. Melenia's wife attended both conferences with Melenia. The 2004 WEFTEC Conference was held from October 2, 2004, through October 6, 2004. The HTMA paid a registration fee of $125.00 for Melenia to access the EXPO for the entire week. The $125.00 registration fee was charged to Melenia's Authority credit card on September 10, 2004. Melenia's credit card statement that included the $125.00 fee was paid via Authority check #31728 dated October 20, 2004. Authority check #31728 was authorized for issuance via signatures of Regola and Hopkin. Melenia's wife was not registered to attend any of the WEFTEC Convention events /functions. Melenia's and his wife's air transportation to New Orleans was charged to Hopkin's personal American Express Gold Delta SkyMiles credit card on June 1, 2004. This enabled Hopkin to accrue extra mileage points on her personal credit card. The airline tickets for Melenia and his wife cost $221.90 each. Hopkin was issued Authority check #31090 dated May 27, 2004, to reimburse her for airfares including those of Melenia and his wife. Authority check #31090 was approved for issuance via signatures of Hopkin and Regola. Melenia never reimbursed the HTMA for his wife's airfare of $221.90 or his airfare of $221.90. No records exist that Melenia stayed at The Sheraton Hotel at any time during the October 2, 2004, to October 6, 2004, conference. Authority records did not indicate that a hotel expense was paid in regards to Melenia's trip to New Orleans. No record exists that Melenia attended this conference. Melenia did not submit an expense report or receipts to the HTMA claiming expenses in relation to the 2004 WEFTEC Convention. The 2005 WEFTEC Conference was held from October 29, 2005, through November 1, 2005. The HTMA paid a registration fee of $145.00 for Melenia to access the EXPO for the duration of the conference. The HTMA paid a fee of $135.00 for Melenia's wife to participate in the "lifestyle program" sponsored by WEF. Lifestyle programs are intended to provide sightseeing tours of points of interest in the area where the convention Melenia, 07 -096 Page 53 is being held. Melenia and his wife were registered to stay at the Marriott hotel located at 1331 Pennsylvania Avenue, Washington, DC 20004. Melenia checked in on October 29, 2005, and departed on November 2, 2005. The room rate was $439.00 /night plus taxes. Melenia's hotel expense of $2,426.90 was charged to Melenia's Authority credit card. Melenia's credit card statement reflecting the hotel charge was paid via Authority check #33772 dated December 21, 2005. Authority check #33772 was approved for issuance via signatures of Regola and Pecarchik. Melenia did not submit a hotel folio or receipts to document expenses in relation to his stay at the Marriott. Melenia's Authority credit card statement for October 2005 documents that on October 29, 2005, Melenia charged a Gray Line Tours expense of $140.00 to his Authority credit card. This was the first day of the conference. Melenia's credit card statement reflecting the Gray Line Tour charge was paid via Authority check #33572. Authority check #33572 was approved for issuance via signatures of Regola and Hopkin. Melenia did not participate in any conference activity on October 29, 2005. Other Personal Expenses Charged to Melenia's Authority Credit Card In addition to using his HTMA credit card to make personal purchases while attending conventions and seminars, Melenia also used the card from 2005 to 2007 to make personal purchases of food, gasoline, cigarettes and alcoholic beverages. Melenia's Authority credit card usage was suspended by the HTMA Board from approximately November 2006 until March 2007 as a result of these personal purchases made at HTMA expense. Melenia claimed that the personal charges were made mistakenly due to his Authority credit card looking similar to his personal credit card. Melenia was requested by the Board to reimburse the Authority for personal expenses that were not in relation to attending a convention, seminar, and the like. Melenia issued personal checks to reimburse the Authority for the majority of such personal charges made between 2005 and 2007. However, Melenia made other such personal purchases totaling $191.51 using the HTMA issued credit card for which no reimbursement was ever made, as noted in Fact Finding 164. Melenia's Statements of Financial Interests As for Melenia's Statements of Financial Interests ( "SFIs "), no SFI is on file with the HTMA for Melenia for calendar year 2004. Melenia filed SFIs for the 2005 and 2006 calendar years. Melenia is the owner of "Melenia Hardwoods." Melenia did not disclose Melenia Hardwoods as a direct or indirect source of income on his SFIs filed for calendar years 2005 and 2006. 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, which provides in part 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 Act, 65 Pa.C.S. §1103(a) Melenia, 07 -096 Page 54 occurred in relation to Melenia's use of Authority credit cards to incur expenses of a personal nature for himself and /or his spouse for attendance at various conventions and seminars. b. That an unintentional violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1105(b)(5) occurred when Melenia failed to file a Statement of Financial Interests for the 2004 calendar year by May 1, 2005. c. That an unintentional violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1105(b)(5) occurred when Melenia failed to disclose all direct /indirect sources of income on Statements of Financial Interests filed for the 2005 and 2006 calendar years. 4. Melenia agrees to make payment in the amount of $4,452.48 in settlement of this matter payable to Hempfield Township Municipal Authority and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Melenia agrees to not seek reimbursement from the Hempfield Township Municipal Authority for either legal expenses or payments ordered as a result of this agreement. 7 To the extent he has not already done so, Melenia agrees to file amended Statements of Financial Interests for calendar years 2005 and 2006, and a Statement of Financial Interests for calendar year 2004 with the Hempfield Township Municipal Authority, Westmoreland County, and forward a copy of all filings to this Commission. Consent Agreement, at 1 -2. In considering the allegations in light of the Stipulated Findings and Consent Agreement, we conclude that the first recommended violation has been established. Cf., Matta, Order 1439; Tancredi, Order 1434; Hoover, Order 1348; Sullivan, Order 1245; Choura, Order 942. Over a course of years, Melenia repeatedly used the authority of his public office for private pecuniary gain by using Authority credit cards for personal expenses of himself and his wife when attending various conventions and seminars. During the time period under review in this case, such personal charges were sometimes made to an HTMA staff member's Authority credit card, with subsequent payment by the Authority by check. Sometimes such personal charges were made to Melenia's Authority credit card, with subsequent payment by Authority check. On occasion, Melenia's personal expenses were claimed on expense reports submitted to the HTMA. Melenia did not supply receipts as to his expenses. Melenia used the authority of his public position when he signed, as an authorized HTMA signatory, Authority checks in payment of such personal expenses. Melenia, 07 -096 Page 55 Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the following events: (1) the PMAA Annual Conferences held from 2003 through 2006; and (2) the 2004 and 2005 WEFTEC Conferences. Melenia voted to approve: (1) twelve of thirteen Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Dinner Meetings held from 2003 through 2007; (2) four out of five Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the PMAA Workshop Meetings held from 2004 through 2006; and (3) six of seven Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to attending the 2005 and 2006 AWWA Annual Conferences. Additionally, Melenia voted to approve all Authority bill lists in which Authority checks were listed regarding payment of his expenses and /or his wife's expenses in relation to having additional personal expenses charged to his Authority credit card paid for by the Authority, as detailed in Fact Findings 157 -164. In voting to approve the aforesaid Authority bill lists, Melenia used the authority of his public office. Per the extensive Fact Findings, Melenia engaged in an ongoing course of conduct of paying personal expenses with HTMA funds, without regard for the public trust. The parties have not stipulated to a calculation of the total private pecuniary benefit that Respondent received, but based upon the various amounts established in the Stipulated Fact Findings, it was clearly not de minimis. With each element of a violation of Section 1103(a) established, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Respondent Melenia's use of Authority credit cards to incur expenses of a personal nature for himself and /or his spouse for attendance at various conventions and seminars. We accept the parties' recommendation for a finding of an unintentional violation as to Melenia's failure to file an SFI for the 2004 calendar year by May 1, 2005. Such an unintentional violation would ordinarily be based upon Section 1104(a) of the Ethics Act, rather than Section 1105(b)(5) as the parties have suggested. We hold that an unintentional violation of the Ethics Act occurred when Melenia failed to file an SFI for the 2004 calendar year by May 1, 2005. Finally, we accept the parties' recommendation as to Melenia's failure to disclose all direct /indirect sources of income (specifically, his business) on his SFIs filed for the 2005 and 2006 calendar years. We hold that an unintentional violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §1105(b)(5), occurred when Melenia failed to disclose all direct /indirect sources of income on SFIs filed for the 2005 and 2006 calendar years. As part of the Consent Agreement, Melenia has agreed to make payment in the amount of $4,452.48 in settlement of this matter payable to Hempfield Township Municipal Authority and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Melenia has also agreed to not seek reimbursement from the HTMA for either legal expenses or payments ordered as a result of the Consent Agreement in this case. To the extent he has not already done so, Melenia has agreed to file amended SFIs for calendar years 2005 and 2006 and an SFI for calendar year 2004 with the HTMA and Melenia, 07 -096 Page 56 to forward copies of all such filings to this Commission. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Melenia is directed to make payment in the amount of $4,452.48 payable to the Hempfield Township Municipal Authority and forwarded to this Commission by no later than the thirtieth (30 day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Melenia is further directed not to seek or accept any payment /reimbursement from the HTMA for either legal expenses or payments ordered by this Commission as a result of the Consent Agreement in this case. To the extent he has not already done so, Melenia is directed to file amended SFIs for calendar years 2005 and 2006 and an SFI for calendar year 2004 with the HTMA, providing full financial disclosure as required by the Ethics Act, and to forward copies of all such filings to this Commission for compliance verification purposes by no later than the thirtieth (30) day after the mailing date of this adjudication and Order. 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 a Member of the Hempfield Township Municipal Authority (hereinafter also referred to as "HTMA" or "Authority "), Westmoreland County, since at least 2003, Respondent Brian Melenia ( "Melenia ") has 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. Melenia violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his use of Authority credit cards to incur expenses of a personal nature for himself and /or his spouse for attendance at various conventions and seminars. 3. An unintentional violation of the Ethics Act occurred when Melenia failed to file an SFI for the 2004 calendar year by May 1, 2005. 4. An unintentional violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §1105(b)(5), occurred when Melenia failed to disclose all direct /indirect sources of income on SFIs filed for the 2005 and 2006 calendar years. In Re: Brian Melenia, Respondent ORDER NO. 1516 File Docket: 07 -096 Date Decided: 4/30/09 Date Mailed: 5/15/09 1 As a Member of the Hempfield Township Municipal Authority (hereinafter also referred to as "HTMA" or "Authority "), Westmoreland County, Brian Melenia ( "Melenia ") violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to his use of Authority credit cards to incur expenses of a personal nature for himself and /or his spouse for attendance at various conventions and seminars. 2. An unintentional violation of the Ethics Act occurred when Melenia failed to file an SFI for the 2004 calendar year by May 1, 2005. 3. An unintentional violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §1105(b)(5), occurred when Melenia failed to disclose all direct /indirect sources of income on SFIs filed for the 2005 and 2006 calendar years. 4. Per the Consent Agreement of the parties, Melenia is directed to make payment in the amount of $4,452.48 payable to the Hempfield Township Municipal Authority and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30 day after the mailing date of this Order. 5. Per the Consent Agreement of the parties, Melenia is further directed not to seek or accept any payment /reimbursement from the HTMA for either legal expenses or payments ordered by this Commission as a result of the Consent Agreement in this case. 6. To the extent he has not already done so, Melenia is directed to file amended SFIs for calendar years 2005 and 2006 and an SFI for calendar year 2004 with the HTMA, providing full financial disclosure as required by the Ethics Act, and to forward copies of all such filings to this Commission for compliance verification purposes by no later than the thirtieth (30 day after the mailing date of this Order. 7 Compliance with Paragraphs 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair