HomeMy WebLinkAbout1572 Sindiri
In Re: Atreia Sindiri, : File Docket: 09-024
Respondent : X-ref: Order No. 1572
: Date Decided: 10/19/10
: Date Mailed: 10/26/10
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Raquel K. Bergen
Nicholas A. Colafella
Mark Volk
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.” A Stipulation of Findings and a Consent Agreement waiving
an evidentiary hearing were subsequently submitted by the parties to the Commission for
consideration. The Stipulated Findings are set forth as the Findings in this Order. The
Consent Agreement has been approved.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act.
Sindiri, 09-024
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I.ALLEGATIONS:
That Atreia Sindiri, a public official/public employee in his capacity as a Supervisor
for the Bureau of Integrated Enterprise System of the Office of Administration, violated
Sections 1103(a) and 1104(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§
1103(a) and [1104(a)], when he used the authority of his office for a private pecuniary
benefit by utilizing Commonwealth equipment and time for the benefit of his private
business interests; when he inappropriately utilized sick leave for the purposes of
conducting business in furtherance of his private pecuniary interests; when he failed to
utilize leave for hours not worked; and when he failed to file Statements of Financial
Interests for the 2006, 2007, and 2008 calendar years.
II.FINDINGS:
1. Atreia Sindiri (Sindiri) was employed as an IES Business Operations Supervisor for
the Commonwealth of Pennsylvania, Office of Administration, Integrated Enterprise
System (IES), from March 4, 2006, until March 21, 2009.
a. Sindiri first worked on Commonwealth projects as an independent contractor
for Bearing Point between 2002 and 2004.
b. Sindiri began his employment with the Commonwealth as an ERP Business
Process Specialist, holding that position from January 9, 2004, to June 30,
2004.
c. Sindiri was employed as an IES Business Process Specialist from July 1,
2004, to March 3, 2006.
1. Between January 21, 2006, and March 3, 2006, Sindiri was the IES
Business Process Lead Specialist.
d. Sindiri was terminated from his Commonwealth position on March 21, 2009.
2. Sindiri’s work hours were established as 7:30 a.m. to 4:00 p.m., with a one (1) hour
lunch period.
a. At some time prior to June 12, 2008, Sindiri received approval to adjust his
work hours from 7:30 a.m. - 4:00 p.m. to 7:45 a.m. - 4:15 p.m.
b. Sindiri’s adjustment of his work hours was approved by his immediate
supervisor, Jeffrey Snyder.
3. While employed as an IES Business Operations Supervisor, Sindiri was
responsible for supervisory and advanced technical work in the review and redesign
of business processes and the configuration and design of enterprise software for
the Commonwealth’s Integrated Enterprise System (IES) SAP system.
a. Sindiri’s duties also included participating in the negotiation of or decision to
award contracts or otherwise take or recommend official action of a
discretionary nature regarding contracting or procurement.
1. This included the hiring of staff to augment the IES Time Management
Team.
b. Sindiri supervised eight Commonwealth employees and approximately three
contract employees.
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4. The Commonwealth Job Description for the position of IES Business Operations
Supervisor delegates the following Job Duties/Job Responsibilities:
a. Planning and scheduling the work of subordinate staff involved in the
redesign of business processes and configuration and design of enterprise
software for a specific business area.
b. Supervision over business operations specialists who review and analyze
business processes to configure the enterprise software or develop
customized changes to the SAP System.
c. Supervision over subordinates regarding the coordination of changes to the
system with other business teams.
d. Develop and test scripts and changes to the SAP System.
e. Provide technical assistance to end users of the SAP System.
f. Establish priorities and provide guidance and assistance to subordinate
staff.
g. Evaluate employee performance.
h. Serve as the technical expert for any problems or projects that affect any
segment(s) of a business operations team area.
5. Examples of work undertaken by the IES Business Operations Supervisor include,
but are not limited to:
a. Supervising the business operations team in regards to budget, finance,
procurement, human resources, and payroll.
b. Lead in the redesign of business processes and the configuration of the
enterprise software.
c. Plan and participate in the review and comparison of current business
processes with the best practices of the enterprise software for ultimate
determination as to where business process or system changes are
necessary.
d. Supervise and participate in the configuration of the enterprise software to
support Commonwealth business processes.
e. Identify system changes that impact other business operations and
supervise the coordination of those changes with other business areas.
f. Supervise the development of system documentation, including detailed
functional specifications that describe custom changes necessary to support
Commonwealth business processes.
g. Plan and supervise the preparation of cost analyses for developing
customized solutions needed to support Commonwealth business
processes.
h. Supervise the development, execution and validation of testing for system
implementation.
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i. Supervise the development and preparation of test scripts.
j. Supervise and participate in the providing of technical assistance to agency
staff concerning the analysis and resolution of problems relating to the
enterprise software.
k. Make recommendations and decisions as to the incorporation of business
processes into the system.
l. Determine the impact of changes to legislation, contracts, or regulations to
the business processes and determine what changes may be necessary to
incorporate said changes within the enterprise software.
m. Supervise the preparation of training materials and scenarios.
n. Perform the full range of supervisory duties.
6. Upon accepting employment with the Commonwealth, all new employees must
complete an orientation process which includes a “Standard Employee Orientation
Checklist” outlining a series of items which must be reviewed and verified by each
new hire.
a. Included within the new employee orientation checklist is verification that the
new employee has received a Commonwealth Employee Manual.
b. Sindiri acknowledged completion and receipt of all material outlined on the
new employee orientation checklist on January 15, 2004.
7. The Commonwealth of Pennsylvania has formulated and distributed an Employee
Manual which outlines policy and procedure regarding conduct of Commonwealth
Employees.
a. As part of the Commonwealth New Employee Orientation, Sindiri received a
copy of the Employee Manual and/or verified that he had reviewed same.
b. Included in the manual are policies and procedures to follow when utilizing
sick leave.
8. As a supplement to the Employee Manual, the Commonwealth of Pennsylvania has
issued numerous Management Directives addressing various areas of employee
conduct.
a. Management Directives have been issued in regards to use of
Commonwealth equipment and supplemental employment, amongst other
areas of Commonwealth employee and property management.
9. As a Commonwealth Employee, and especially as a Supervisor, Sindiri was made
aware of Management Directive 205.14, which sets forth the Commonwealth’s
policy regarding usage of equipment, supplies and material paid for with public
funds.
a. Management Directive 205.14 was issued February 2, 1988, and made
amendments to Management Directive 205.14 issued April 9, 1984.
1. Management Directive 205.14 repealed Management Directive 205.8.
b. Management Directive 205.14 reads in pertinent part:
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POLICY.
a.
Commonwealth facilities and offices are to be used exclusively for
conducting official business of the Commonwealth, or by persons
having legitimate business therein.
b.
Commonwealth facilities, offices, and equipment shall be used only
by individuals, groups, or organizations who have legitimate business
on the premises. These facilities, offices, and equipment shall not be
used by employees or the public for purposes not specifically or
directly connected with official business of the Commonwealth, or
other activity authorized in accordance with this directive.
c.
All activity by individuals, groups, or organizations not specifically or
directly connected with the official business of the Commonwealth is
strictly prohibited in Commonwealth facilities and offices at all times
except as authorized in accordance with paragraph d, below.
Examples of the kinds of activities prohibited are:
(1)
commercial, retail, or business activities, whether for profit or
nonprofit purposes, including sales, negotiations, the taking of
orders, and displaying of wares;
(2)
distribution of leaflets and written materials, except as
provided in paragraph d, below; and
(3)
the soliciting, harassing, intimidating, coercing, or in any
manner invading the privacy of recipients of government
services or benefits or individuals who have legitimate
business with the Commonwealth.
The above examples are illustrative of the kinds of activities that are prohibited
when they are not specifically or directly connected with the official business of the
Commonwealth. They do not constitute an exhaustive list of prohibited activities.
10. Additionally, Sindiri was aware of Management Directive 515.18, through his
holding of the position of supervisor.
a. Management Directive 515.18 was issued July 7, 1998, and supersedes
Management Directive 515.18 dated August 31, 1984.
1. Management Directive 205.14 reads in pertinent part:
POLICY.
a. All full-time employees who work for compensation or remuneration in
any capacity outside of their Commonwealth employment, except for
military duty, are required to file Supplementary Employment
Requests with their agency head or designated official who will either
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approve or disapprove the requests. Such supplementary
employment shall include self employment. Employees are required
to resubmit requests when changing supplementary employment or
whenever the duties of either their Commonwealth or supplementary
employment position change substantially.
b. Approval for supplementary employment must be obtained prior to
accepting such employment for current employees and prior to
employment with the Commonwealth for prospective employees.
c. Supplementary employment is considered secondary to
Commonwealth employment and any conflicts arising out of
supplementary employment will be resolved in favor of the
Commonwealth. Conflicts of interest in supplementary employment
include, but shall not be limited to, conflict with conditions of
employment established by the Executive Board (see Management
Directive 525.11, Dual Employment) and, where applicable, the State
Civil Service Commission; conflicts with conditions of employment,
including hours of work, or regulations promulgated by the
Commonwealth agency in which such employee is employed; and
conflicts with other applicable laws, rules, or regulations.
Commencing or continuing in supplementary employment after
receipt of notice that such supplementary employment has been
disapproved shall constitute grounds for discipline up to and including
removal.
b. Sindiri acknowledged receipt of Management Directive 515.18 on January
15, 2004.
11. In addition to holding employment with the Commonwealth, Sindiri was also
employed as a licensed Real Estate Agent.
a. Sindiri has been licensed as a real estate agent since December 27, 2005.
b. The Commonwealth of Pennsylvania Department of State identifies Sindiri’s
license type as Real Estate Salesperson – Standard.
1. Sindiri’s license number is RS294158.
c. Sindiri’s license was last renewed on May 5, 2010, and is scheduled to
expire on May 31, 2012.
12. On January 5, 2006, Sindiri submitted a request for supplementary employment
with the Commonwealth of Pennsylvania.
a. Sindiri’s request for supplemental employment was submitted in accord with
Management Directive 515.18.
b. Sindiri’s initial request for supplementary employment was located within the
files of IES, but was not on record with the Office of Administration.
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c. On May 27, 2008, Sindiri completed a second request for supplemental
employment at the request of his immediate Supervisor, Jeffrey Snyder.
1. Sindiri’s request for supplemental employment was approved on or
about June 23, 2008.
13. Sindiri’s Supplementary Employment Request sought approval to work as a Real
Estate Agent for Exit Realty-Capital Area.
a. Sindiri noted on his request that his hours worked were to be daily from 5:30
p.m. to 10:00 p.m.
14. On or about December 27, 2005, Sindiri began operating as an independent
contractor for K & C Realty, Inc., as a real estate broker.
1. K & C Realty, [Exit Realty – Capital Area] lists an address as: 500
Progress Avenue, Harrisburg, PA 17109.
2. License information for K & C Realty [Exit Realty – Capital Area]
provides that the license type is Broker (Corporation LLC Partner) –
Standard.
i. K & C Realty [Exit Realty – Capital Area] license number is
RB65396.
ii. K & C Realty [Exit Realty – Capital Area] license was initially
issued December 8, 2003.
iii. K & C Realty [Exit Realty – Capital Area] license was last
renewed April 26, 2010, and expires May 31, 2012.
3. K & C Realty, Exit Realty lists all active brokers with the Department
of State.
i. Sindiri is listed as being actively associated with K & C Realty,
Exit Realty as a real estate salesperson.
15. Exit Realty – Capital Area maintains a website that is linked to Exit Realty’s main
web site.
a. Exit Realty – Capital Area, maintains a web address of:
www.centralpennsylvaniahomes.com.
1. Exit Realty – Capital Area lists its mailing address as: 500 North
Progress Avenue, Harrisburg, PA 17109.
i. At some point prior to April 2009, Exit Realty – Capital Area,
maintained its office at 4999 Jonestown Road, Suite 202,
Harrisburg, PA 17109.
2. Exit Realty – Capital Area lists its main telephone contact number as:
(717) 920-3948 and fax: (717) 920-9149.
b. Exit Realty – Capital Area’s website allows users to search real estate for
sale as well as search real estate agents based out of the Harrisburg, PA,
office.
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16. Sindiri maintains an internet web site at www.AtreiaSindiri.com in relation to his real
estate employment.
a. Sindiri’s website is linked to Exit Realty – Capital Area’s website.
b. Sindiri’s internet web site serves as an informational point of contact for
individuals interested in buying and/or selling real estate.
c. Sindiri’s contact information – as listed on his real estate website is:
Atreia Sindiri
EXIT Realty Capital Area
(717) 920-3948 phone
(717) 395-7675 mobile
(800) 660-3698 fax
1. Sindiri’s listed fax number was routed through a third party, who
would receive the fax transmission and forward same to Sindiri via his
Gmail email account.
2. The number (717) 920-3948 is Exit Realty – Capital Area’s primary
contact number.
3. The number (717) 395-7675 is Sindiri’s personal mobile phone
number.
d. Sindiri was responsible for updating his own personal web page.
17. Although Sindiri is affiliated with Exit Realty, he is not an employee of Exit Realty or
Exit Realty-Capital Area.
a. Sindiri operates as an independent contractor, but maintains access to the
benefits and privileges afforded through Exit Realty and Exit Realty-Capital
Area.
18. As an independent contractor of Exit Realty and Exit Realty-Capital Area, Sindiri is
also afforded the opportunity to utilize goods and services provided by Exit Realty,
some for a nominal fee.
a. Free services offered to Exit Realty Agents included, but were not limited to:
Multi-list access; standardized, on-line real estate forms; street directories;
and continuing training.
b. Services offered by Exit Realty-Capital Area for a fee included black & white
copies at $.02 each and color copies at $.40 each.
19. Sindiri did not have access to Exit Realty-Capital Area support staff.
a. Sindiri was responsible for arranging all of his appointments and home
viewings.
b. Although Sindiri maintained a mailbox at the Exit Realty-Capital Area office,
Exit staff did not review the contents or otherwise forward mail to him.
c. Telephone calls to the Exit Realty-Capital Area office were forwarded to
Sindiri’s cell phone by Exit staff.
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Page 9
1. Exit staff did not take messages or otherwise return calls on behalf of
Sindiri.
d. Sindiri was responsible for creating his own real estate listings and/or setting
search criteria or conducting daily searches of MLS postings for recently
listed properties.
e. Sindiri worked primarily with buyers of real estate, therefore MLS searches
were necessary to insure recently listed properties were not overlooked by
potential clients.
20. Although Sindiri operated as an independent contractor for Exit Realty-Capital
Area, he was nonetheless expected to participate in events sponsored by Exit
Realty-Capital Area and/or to attend mandatory Exit Real Estate Agent meetings.
a. Exit Realty-Capital Area held mandatory monthly meetings for all of the Real
Estate Agents affiliated with its office.
1. Monthly meetings were held at the Exit Realty-Capital Area office, the
first or second Monday of each month at 10:00 a.m.
b. Meetings would typically last one hour.
c. Often, but not consistently, Real Estate agents were required to complete a
sign-in sheet or otherwise note their attendance.
d. Attendance was also noted within the meeting minutes themselves –
although not consistently.
21. As an employee of the Commonwealth, Sindiri was issued a Dell Latitude D610
laptop computer for conducting official Commonwealth business.
22. Sindiri utilized Commonwealth equipment, including, but not limited to: a laptop
computer; copier/scanner/fax; and email, in furtherance of his secondary
employment as a Real Estate agent.
a. This included installing Microsoft Active Sync – an unauthorized software
program on his Commonwealth assigned laptop computer.
b. Sindiri’s use of Commonwealth equipment for his outside personal interests
began simultaneously with [his] being approved for supplementary
equipment.
thth
23. Between August 25 and August 28, 2006, Sindiri was reprimanded for installing
Microsoft Active Sync – an unauthorized software program on his Commonwealth
issued laptop computer.
24. Sindiri’s use of Commonwealth equipment to further his real estate employment
continued after the 2006 reprimand.
a. In 2008, Sindiri became the focus of an Office of Inspector General Inquiry
which included allegations that Sindiri conducted real estate work during his
Commonwealth work hours.
25. On April 10, 2008, the Pennsylvania Office of Inspector General (OIG) seized
Sindiri’s laptop for the purposes of conducting a forensic analysis, based upon an
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allegation that Sindiri was utilizing the laptop for unauthorized purposes, including
his outside real estate business.
a. A forensic analysis of Sindiri’s laptop initiated on June 24, 2008, revealed
that Sindiri’s laptop contained various security encryption safeguards,
necessitating use of decryption software.
b. On August 22, 2008, a Forensic imaging of Sindiri’s laptop hard drive
utilizing Encase Version 6.10.2.14 was conducted and verified that Encase
correctly imaged Sindiri’s hard drive, thereby creating an exact duplicate of
the files, folders, documents, etc. contained within Sindiri’s laptop.
26. Upon completion of the forensic analysis of Sindiri’s Commonwealth laptop
computer, it was found that Sindiri maintained 30,297 photo files of which no less
than 795 were readily identifiable as being related to real estate and/or Sindiri’s
position as a real estate agent.
a. Of the 795 readily identifiable real estate photos, 380 were located in the
“Temporary Internet Folder” indicating that these files were viewed, but not
intentionally saved to the laptop’s hard drive.
1. The remaining 415 readily identifiable real estate photos were
specifically saved to Sindiri’s Commonwealth laptop computer.
27. In addition to the photo files maintained on Sindiri’s Commonwealth laptop, Sindiri
created a separate “folder” within his Microsoft Windows XP Folders titled “Real
Estate.”
a. The folder “Real Estate” is not a default Microsoft Windows XP folder.
28. Within the folder “Real Estate,” Sindiri intentionally stored and/or maintained
numerous non-Commonwealth, real estate related files.
a. Sindiri stored over sixty-two (62) Microsoft Word Document Files, equating
to approximately 153 pages.
b. Sindiri stored over 453 PDF files, constituting 2,979 pages worth of
documents.
1. PDF stands for “Portable Document Format” which is a file format that
allows for the viewing of documents in a manner independent of the
application software, hardware, and operating system.
c. Sindiri stored over 204 Microsoft Publisher files, all of which were real estate
related.
d. Sindiri stored no less than ten (10) Microsoft Excel and 18 ZIP files.
1. A ZIP file contains one or more files that have been compressed to
reduce file size, thereby allowing multiple files to be stored under one
compressed or ZIP file.
29. The majority of all real estate files were created and/or modified during Sindiri’s
normal Commonwealth work hours, when no leave was utilized and/or were outside
of Sindiri’s lunch hour.
a. Specific lengths of time could not be established for most of the documents
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created/modified by Sindiri, with the exception that said
creation/modifications were done during established Commonwealth work
hours.
1. Sindiri utilized no less than 14.75 hours of Commonwealth time to
create/modify real estate documents maintained on his
Commonwealth issued laptop computer.
30. Sindiri’s hourly rate until July 1, 2008 was $46.00 per hour.
a. After July 1, 2008, Sindiri’s hourly rate was raised to $47.38 per hour.
b. Sindiri received a private pecuniary gain of $678.50 for performing real
estate tasks during his established Commonwealth work hours.
31. In a statement provided to the State Ethics Commission, Sindiri admitted that he
maintained all of his real estate documentation on his Commonwealth issued
laptop.
a. Sindiri utilized his laptop as a mobile database for his real estate business.
b. Sindiri related that the use of his Commonwealth laptop was more
convenient than use of a privately owned laptop.
32. In addition to utilizing his Commonwealth issued laptop to store files and
documents, Sindiri also utilized the laptop for other real estate purposes.
a. Throughout the workday, Sindiri utilized his Commonwealth laptop to access
the internet.
1. Sindiri would access his Gmail email account throughout the day to
communicate with his real estate clients.
2. Sindiri would “snap shot” files from his Gmail account to his CWOPA
email account so that they could be stored on his Commonwealth
laptop.
i. These files would later be stored as PDF, Microsoft Word or
other types of electronic files.
b. Sindiri would access the internet to search and view recently listed
properties contained on an MLS (Multi Listing Service) database in
furtherance of his real estate business.
c. Sindiri utilized his Commonwealth laptop computer to update his real estate
internet web page at various times during various workdays.
33. In addition to utilizing his Commonwealth assigned laptop computer, Sindiri also
accessed and utilized the desktop computer of his subordinate, Harshal Soni, in
furtherance of his personal real estate business.
a. Soni was employed as an independent contract employee in the position of
Enterprise Resource Planning Specialist.
1. Sindiri was Soni’s director supervisor.
b. Sindiri accessed Soni’s Commonwealth desktop computer,
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creating/modifying two (2) separate folders entitled: “Real Estate Folder” and
“Atreia Sindiri Web Hosting.”
c. Sindiri created at least two (2) documents on Soni’s Commonwealth
computer, titled: “Hitender Thakur Memorial Event” and “Asian-Indian-
Groceries-10%-off-coupon [1][1].doc.”
1. These documents were created on Sunday, August 19, 2007.
2. The “Hitender Thakur Memorial Event” was to be held Saturday,
September 15th 2007.
i. Sindiri - in his capacity as a Real Estate Agent for Exit
Realty - is listed as a sponsor of the event.
3. Sindiri- in his capacity as a Real Estate Agent for Exit Realty - is
listed as a sponsor of the coupon discount.
d. Sindiri’s Commonwealth access swipe card recorded his entry into Forum
Place on Sunday, August 19, 2007, at 11:39 a.m. and 1:13 p.m.
1. The IES offices are located in Forum Place.
2. Sindiri accessed Forum Place to print copies of his personal
documents listed as: “Hitender Thakur Memorial Event” and “Asian-
Indian-Groceries-10%-off-coupon[1][1].doc.”
3. Sindiri did not have access to his Commonwealth laptop computer
and instead accessed that of his subordinate.
34. As a Commonwealth employee Sindiri was assigned a Commonwealth based email
account for communicating with others regarding official Commonwealth business.
a. Sindiri’s Commonwealth email address was: ASindiri@state.pa.us.
b. Sindiri utilized his Commonwealth email address to contact state employees
via the CWOPA system regarding real estate transactions.
1. All of the employees contacted by Sindiri were clients of Sindiri who
were actively in the process of searching for real estate or were
committed buyers of real estate.
c. Sindiri contacted these employees via his ASindiri@state.pa.us email
address and not his ASindiri@gmail.com address.
35. Sindiri utilized Microsoft Outlook on his Commonwealth issued laptop computer as
a resource for maintaining contact information related to his real estate dealings.
a. Contact information listed included telephone numbers, physical addresses,
and email addresses.
b. Sindiri’s Microsoft Outlook contact list contained contact information for 4
clients, 7 prospective clients, 6 possible prospects, 13 mortgage agents or
companies, 4 Exit Realty Agents, 15 other real estate agents, 3 past clients,
and 14 additional real estate related contacts.
36. Sindiri further utilized Microsoft Outlook on his Commonwealth issued laptop
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computer to maintain a calendar listing real estate related meetings and events.
a. The calendar contained dates and times of events such as real estate
property showings, closings, agent meetings, and times Sindiri had phone
duty at the Exit Realty – Capital Area Office.
b. The calendar did not contain a listing of all real estate related meetings and
events attended by Sindiri.
c. The calendar also contained dates and times of Time Team related meetings
and events.
37. Sindiri did not utilize leave to attend real estate related meetings and events that
occurred during his established Commonwealth work hours.
a. Sindiri did not utilize leave to attend 7 hours of real estate related meetings
and events.
38. Sindiri realized a private pecuniary gain of $322.00 when he did not utilize leave to
attend real estate related events that occurred during his established
Commonwealth work hours as shown below:
Meeting/Event Date Hours Hourly Rate Financial Gain
Exit Phone Duty 8/7/2006 0.5 $ 46.00 $ 23.00
Exit Phone Duty 8/18/2006 0.5 $ 46.00 $ 23.00
Exit Phone Duty 8/24/2006 0.5 $ 46.00 $ 23.00
Exit Phone Duty 10/2/2006 0.5 $ 46.00 $ 23.00
Exit Office Meeting 10/2/2006 0.5 $ 46.00 $ 23.00
Exit Investment Club Meeting 12/1/2006 1 $ 46.00 $ 46.00
Exit Luncheon 12/22/2006 1 $ 46.00 $ 46.00
Exit Monthly Meeting 10/1/2007 1.5 $ 46.00 $ 69.00
Pre-Settlement Walkthrough -
481 Francis St. 1/17/2008 0.5 $ 46.00 $ 23.00
ERCA Convention Committee 1/18/2008 0.5 $ 46.00 $ 23.00
Total 7 $ 322.00
39. In 2007, Sindiri was reprimanded for his use of other Commonwealth equipment
and/or supplies in connection with his secondary employment as a Real Estate
Agent.
a. Sindiri was verbally reprimanded by his supervisor regarding the printing of
real estate contracts on a Commonwealth printer during normal work hours.
1. Sindiri was reprimanded on or about May 17, 2007.
2. The reprimand followed an incident where Sindiri printed a large real
estate related document, resulting in the delay of the printing of a
priority Commonwealth document by his supervisor Jeffrey Snyder
(Snyder).
40. IES Time Team members had access to a Commonwealth copier/scanner/fax
machine for Commonwealth-related work purposes.
a. As an IES Supervisor, Sindiri’s position did not require frequent use of a
scanner or fax machine.
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b. Sindiri’s email address was intentionally programmed into the scanner
feature of the copy/scan/fax machine, in order to allow Sindiri to rapidly
email scanned documents to his email account.
1. Sindiri programmed his email address himself.
2. No other supervisors of the same job classification as Sindiri have a
programmed email address in the scanner.
3. Documents previously identified as PDF documents (2,979 pages)
are the result of being scanned by Sindiri.
c. Sindiri’s subordinates witnessed Sindiri utilizing the fax machine and/or
scanner.
1. At the time Sindiri was witnessed utilizing the fax/scanner, the Time
Team was not engaged in a project which would have necessitated
use of either the fax or scanner.
2. Sindiri admitted utilizing the Commonwealth scanner on multiple
occasions, indicating that the scanning equipment otherwise available
to him was not as efficient and that use of the Commonwealth
scanner was “convenient.”
THE FOLLOWING FINDINGS RELATE TO SINDIRI’S IMPROPER USE OF
COMMONWEALTH SICK LEAVE IN ORDER TO CONDUCT BUSINESS
TRANSACTIONS RELATING TO HIS SECONDARY EMPLOYMENT AS A REAL
ESTATE SALESPERSON.
41. Sindiri regularly utilized sick, annual and personal leave while employed by the
Commonwealth.
a. Procedures regarding the use of leave are outlined in the Commonwealth
employee manual.
42. Commonwealth Employee Manual Section 8.21 through 8.23 outlines the
Commonwealth’s Sick Leave use policy.
a. Section 8.21(a) provides a general description of the Sick Leave policy and
reads in pertinent part:
Sick leave is time away from the job with compensation when an employee
becomes too ill to work or must be absent for valid sick related reasons as
identified in Section 8.23 (relating to reasons for sick leave).
b. Section 8.23 sets forth acceptable reasons for sick leave and reads, in
pertinent part:
Sick leave will be granted when an employee’s required to be absent from
work for one of the following reasons:
(a) Illness of the employee;
(b) Death as follows: (1) Death of the employee’s spouse, domestic
partner, parent, stepparent, child or stepchild or the child of the
employee’s domestic partner for which a maximum of five days may
Sindiri, 09-024
Page 15
be granted per occurrence. (2) Death of a brother, sister,
grandparent, step grandparent, grandchild, step grandchild, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, parent-in-law,
grandparent-in-law and uncle, stepbrother, stepsister, foster child or
any other relative residing in the employee’s household or the parent,
brother, sister, grandparent or grandchild of the employee’s domestic
partner for which a maximum of three days may be granted per
occurrence.
(c) Contact with or exposure to a contagious disease rendering the
presence of the employee hazardous to fellow employees.
(d) Necessary medical or dental appointments for employee or the
employee’s immediate family as defined in subparagraph (e) that
cannot be scheduled during non work hours that meet one of the
following criteria: (1) The immediate family member is physically
unable to drive a vehicle or is otherwise unable to reach the medical
facility without the employee’s absence. (2) The illness of the
immediate family member requires employee’s personal attendance.
(e) Illness of any member of the employee’s immediate family which
requires the employee’s personal attendance and absence from work
not to exceed five days in the leave calendar. Immediate family is
defined as the following persons: husband, wife, domestic partner,
child, stepchild, foster child, parent, brother or sister of the employee
or child of the employee’s domestic partner.”
43. Sindiri frequently utilized leave from his commonwealth employment.
a. In a majority of the instances when Sindiri utilized leave, he only utilized an
hour or two at a time allowing for leave usage at a rate of approximately
once per week.
b. Sindiri utilized leave to coincide with endeavors as it related to his
supplementary employment with Exit Realty.
44. Sindiri utilized annual, sick and personal leave from his Commonwealth position to
perform duties in relation to his real estate position, including contracts and
closings as noted below:
Contract Begin
Property Date Time End Time Type
6330 Galleon Dr, Mechanicsburg 2/2/2007 Full Day Full Day Annual
8 Warm Sunday Dr, Mechanicsburg 6/21/2007 10:15 13:00 Sick
165 Warm Sunday Dr, Mechanicsburg 1/22/2008 Full Day Full Day Personal
HWOA, Harrisburg 2/4/2008 7:45 10:30 Sick
133 Tory Circle, Enola 4/16/2008 7:45 8:05 Personal
163 Hunters Ridge Dr, Harrisburg 4/24/2008 13:00 16:00 Annual
20 Logans Run, Enola 1/15/2009 8:30 10:00 Personal
45. Sindiri utilized leave as follows when he was the agent of record in the following
real estate closing transactions.
Closing Begin
Property Date Time End Time Type
Sindiri, 09-024
Page 16
494 Quiggley Circle, Harrisburg 3/24/2006 7:30 14:30 Personal
2436 Kensington St, Harrisburg 7/31/2006 8:45 11:15 Personal
6320 Galleon Drive, Mechanicsburg 9/25/2006 10:00 11:00 Sick
481 Frances Drive, Mechanicsburg 1/17/2008 14:30 16:00 Personal
HWOA, Harrisburg 1/23/2008 Full Day Full Day Personal
8 Warm Sunday Dr, Mechanicsburg 2/21/2008 13:45 16:00 Personal
6 Gypsy Hollow Road, Newport 3/27/2008 Full Day Full Day Sick
84 Carousel Circle, Hershey 3/27/2008
HWOA, Harrisburg 4/16/2008 7:45 8:05 Personal
11 Locust Lane, Lebanon 5/23/2008 14:00 16:00 Annual
HWOA, Harrisburg 5/23/2008
163 Hunters Ridge Dr, Harrisburg 5/29/2008 15:00 16:00 Annual
100 Bianca Court, Mechanicsburg 6/25/2008 11:00 14:00 Annual
407 Parkview Dr, Harrisburg 7/24/2008 14:30 16:00 Sick
310 Steigerwalt Hollow Rd, New Cumberland 7/29/2008 13:00 14:00 Annual
310 Steigerwalt Hollow Rd, New Cumberland 7/29/2008
90 Bianca Court, Mechanicsburg 9/16/2008 10:15 11:45 Annual
319 Cloudless Sky Drive, Mechanicsburg 10/20/2008 11:50 13:05 Annual
6332 Antilles Court, Mechanicsburg 11/7/2008 11:00 12:00 Annual
166 Warm Sunday Dr, Mechanicsburg 11/28/2008 Full Day Full Day Holiday
164 Warm Sunday Dr, Mechanicsburg 12/31/2008 Full Day Full Day Sick
165 Warm Sunday Dr, Mechanicsburg 1/23/2009 Full Day Full Day Sick
309 Cloudless Sky Dr, Mechanicsburg 1/23/2009
* The above charts only include closing dates and contract dates for which Sindiri
utilized leave. It was found that there were numerous dates that contracts and
closings occurred where Sindiri did not utilize leave.
46. Sindiri also was involved with real estate contracts and closings during his
Commonwealth work hours when no leave was utilized.
47. Sindiri utilized sick leave on nine different days totaling 30.5 hours on which
contracts were entered and/or closings occurred.
a. The following chart compares all hours of sick time utilized by Sindiri in
relation to dates that either real estate contracts were entered and/or real
estate closings occurred, where Sindiri was the agent of record.
Begin End
Property Date Time Time Hours
6320 Galleon Drive, Mechanicsburg 9/25/2006 10:00 11:00 1
8 Warm Sunday Dr, Mechanicsburg 6/21/2007 10:15 13:00 2.75
HWOA, Harrisburg 2/4/2008 7:45 10:30 2.75
6 Gypsy Hollow Road, Newport 3/27/2008 Full Day Full Day 7.5
84 Carousel Circle, Hershey 3/27/2008
407 Parkview Dr, Harrisburg 7/24/2008 14:30 16:00 1.5
164 Warm Sunday Dr, Mechanicsburg 12/31/2008 Full Day Full Day 7.5
165 Warm Sunday Dr, Mechanicsburg 1/23/2009 Full Day Full Day 7.5
309 Cloudless Sky Dr, Mechanicsburg 1/23/2009
TOTAL 30.5
Sindiri, 09-024
Page 17
48. The following chart depicts salary/wages paid to Sindiri through use of Sick Leave,
in violation of the Commonwealth’s established Sick Leave policy, for days in which
Sindiri was known to have been a participating party to real estate contracts and/or
real estate closing transactions:
Begin End Hourly
Property Date Time Time Hours Rate Cost
$
6320 Galleon Drive, Mechanicsburg 9/25/2006 10:00 11:00 1 $ 44.52 44.52
$
8 Warm Sunday Dr, Mechanicsburg 6/21/2007 10:15 13:00 2.75 $ 46.00 126.50
$
HWOA, Harrisburg 2/4/2008 7:45 10:30 2.75 $ 46.00 126.50
$
6 Gypsy Hollow Road, Newport 3/27/2008 Full Day Full Day 7.5 $ 46.00 345.00
84 Carousel Circle, Hershey 3/27/2008
$
407 Parkview Dr, Harrisburg 7/24/2008 14:30 16:00 1.5 $ 47.38 71.07
$
164 Warm Sunday Dr, Mechanicsburg 12/31/2008 Full Day Full Day 7.5 $ 47.38 355.35
$
165 Warm Sunday Dr, Mechanicsburg 1/23/2009 Full Day Full Day 7.5 $ 47.38 355.35
309 Cloudless Sky Dr, Mechanicsburg 1/23/2009
$
Total 30.5 1,424.29
49. Sindiri realized a private pecuniary gain of approximately $1,424.29 through
utilization of Sick Leave in violation of the Established Commonwealth leave policy
for days in which Sindiri was known to have been a participating party to real estate
contracts and/or real estate closing transactions.
50. Sindiri utilized his Commonwealth issued laptop computer for real estate tasks, at
times when he justified his absence from Commonwealth employment by claiming
sick leave.
a. The following chart compares dates that Sindiri utilized sick leave and dates
that Sindiri completed real estate related tasks:
Total
Time
Date Leave Event (hours)
4/26/2006 Sick 12:00-2:15 New Home Tour - 475 Waterleaf Court 1.25
Signed Cost Estimate re: Sindiri home Purchase / Ryan
6/21/2006 Sick 10:15-1:00 Homes 1.75
Entered into Exclusive Agent Agreement 2721 Booser
9/6/2006 Sick Full Day Avenue 7.5
9/25/2006 Sick 10:00-11:00 Re-inspection 1936 Chestnut & Closing 6320 Galleon Drive 1
Modified Real Estate Documents at 11:01-11:03 upon
1/18/2007 Sick 10:45-11:00 return 0.25
3/13/2007 Sick 11:00-12:00 Modified Real Estate Pub. File 4:46 p.m. 1
9/11/2007 Sick 9:00-11:00 Created and Modified "Letter 1" 2
9/18/2007 Sick Fmly 9:00-11:00 New Construction Agreement 5114 Christian Court 2
10/16/2007 Sick 7:30-9:30 Change to Listing Contract made 2
11/2/2007 Sick Fmly 1:00-2:00 Received Real Estate Related Fax at 3:07 pm 1
1/16/2008 Sick 11:45-1:45 Showing at 139 Oaklea, Hbg 1
1/28/2008 Sick Fmly 7:45-8:35 Creates/Modifies multiple PDF real estate files 0.75
Sindiri, 09-024
Page 18
3/31/2008 Sick Fmly 7:30-9:30 Creates/Modifies multiple PDF real estate files 2
Total 23.5
b. Sindiri used his Commonwealth issued laptop computer to perform real
estate related tasks while utilizing 23.5 hours of sick leave.
51. Sindiri’s utilization of sick leave in violation of the established Commonwealth leave
policy to complete real estate related tasks resulted in payments made to him as
follows:
Date Time Hourly Rate Payment
4/26/2006 1.25 $ 46.00 $ 57.50
6/21/2006 1.75 $ 46.00 $ 80.50
9/6/2006 7.5 $ 46.00 $ 345.00
9/25/2006 1 $ 46.00 $ 46.00
1/18/2007 0.25 $ 46.00 $ 11.50
3/13/2007 1 $ 46.00 $ 46.00
9/11/2007 2 $ 46.00 $ 92.00
9/18/2007 2 $ 46.00 $ 92.00
10/16/2007 2 $ 46.00 $ 92.00
11/2/2007 1 $ 46.00 $ 46.00
1/16/2008 1 $ 46.00 $ 46.00
1/28/2008 0.75 $ 46.00 $ 34.50
3/31/2008 2 $ 46.00 $ 92.00
Total 23.5 $ 1,081.00
a. Sindiri received a private pecuniary gain of $1,081.00 for utilizing sick leave,
in violation of the Commonwealth’s established leave policy, to cover his
absence from his Commonwealth position so that he could perform real
estate related tasks.
52. Sindiri utilized his mobile phone as his primary point of contact for real estate
related activities and utilized his cellular telephone (717-395-7675), for real estate
purposes during times that he utilized sick leave from his Commonwealth position.
a. Sindiri dialed/received telephone calls from various real estate related
entities during hours that he utilized sick leave.
b. Sindiri actively engaged in real estate transactions during hours that he
utilized sick leave.
c. Sindiri utilized 32.75 hours of sick leave at times that he actively participated
in real estate transactions during hours that the sick leave was utilized.
53. Sindiri realized a private pecuniary gain of $1,538.59 by actively participating in real
estate transactions during time that sick leave was utilized to cover his absence
from his Commonwealth position as outlined below:
Total Time
Date (hrs) Hourly Rate Financial Gain
5/5/2008 2 $ 46.00 $ 92.00
5/19/2008 7.5 $ 46.00 $ 345.00
9/4/2008 2.5 $ 47.38 $ 118.45
Sindiri, 09-024
Page 19
1/13/2009 1.5 $ 47.38 $ 71.07
1/14/2009 3.5 $ 47.38 $ 165.83
1/22/2009 1.25 $ 47.38 $ 59.23
2/5/2009 0.5 $ 47.38 $ 23.69
2/26/2009 7.5 $ 47.38 $ 355.35
3/4/2009 6.5 $ 47.38 $ 307.97
Total 32.75 $ 1,538.59
54. Exit Realty-Capital Area held Agent meetings on the first or second Monday of each
month, normally commencing at 10:00 a.m.
a. Attendance at the monthly meetings was mandatory of all Agents, however
not all agents were present at every meeting.
b. Agent meeting minutes show that Atreia Sindiri was present at the following
Agent meetings:
January 9, 2006
March 6, 2006
June 5, 2006
August 7, 2006
November 5, 2007
January 7, 2008
April 7, 2008
July 7, 2008
55. Sindiri utilized sick leave to attend a number of Exit Realty Agent meetings as
depicted by the chart below:
Sick Additional Total
Date Leave Usage Event Time Time Time
9-Jan-06 Sick 10:15-11:00 Attended Exit Realty Agent Meeting 0.75 0.75 1.5
6-Mar-06 Sick 10:00-11:00 Attended Exit Realty Agent Meeting 1 0.5 1.5
8-May-06 Sick 7:30-10:20 Attended Exit Realty Agent Meeting 3 0.75 3.75
5-Jun-06 Sick 1:30-2:45 Attended Exit Realty Agent Meeting 1.25 0.25 1.5
4-Feb-08 Sick 7:45-10:30 Attended Exit Realty Agent Meeting 2.75 0.75 3.5
7-Jul-08 Sick 7:30-10:00 Attended Exit Realty Agent Meeting 2.5 0* 2.5
14.25
*Time accounted for in Finding 68.
a. Sindiri was assessed a total time of 1.5 hours to attend the Agent meetings.
1. The assessed time includes one half hour of travel time and one hour
of time for meeting attendance.
b. On days where Sindiri utilized more than 1.5 hours of sick leave to attend
the meetings, Sindiri was performing other real estate tasks prior to the
actual attendance of the Agent meetings, in further violation of the
Commonwealth’s established sick leave policy.
56. In addition to utilization of sick leave in order to attend Exit Realty Agent meetings,
Sindiri was found to have attended Exit Realty Agent meetings on dates/times when
he did not utilize any leave time from his Commonwealth position as outlined below:
Sindiri, 09-024
Page 20
Accessed
Date Event Time
7-Aug-06 Attended Exit Realty Agent Meeting 1.5
5-Nov-07 Attended Exit Realty Agent Meeting 1.5
7-Jan-08 Attended Exit Realty Agent Meeting 1.5
4.5
a. As shown above, Sindiri was assessed 1.5 hours total time on dates that it
was found that he attended the Agent meetings but did not utilize any leave.
57. The following chart outlines the private pecuniary gain Sindiri received in relation to
attendance of Exit Realty-Capital Area Agent meetings, where Sindiri either utilized
sick leave or failed to utilize any form of leave from his Commonwealth employment.
Date Total Time Hourly Rate Financial Gain
9-Jan-06 1.5 $ 46.00 $ 69.00
6-Mar-06 1.5 $ 46.00 $ 69.00
8-May-06 3.75 $ 46.00 $ 172.50
5-Jun-06 1.5 $ 46.00 $ 69.00
7-Aug-06 1.5 $ 46.00 $ 69.00
5-Nov-07 1.5 $ 46.00 $ 69.00
7-Jan-08 1.5 $ 46.00 $ 69.00
4-Feb-08 3.5 $ 46.00 $ 161.00
7-Jul-08 2.5 $ 47.38 $ 118.45
Total 18.75 $ 865.95
58. Sindiri realized a pecuniary benefit in the amount of $4,980.21 when he utilized sick
leave, in violation of the established Commonwealth leave policy, to attend and
conduct business transactions in relation to his secondary employment as a real
estate agent; and when he failed to utilize any form of leave from his
Commonwealth employment when attending and conducting real estate related
business.
a. The following chart depicts Sindiri’s pecuniary benefit:
Event Type Paragraph Financial Gain
Number
Sick Leave utilized – attending Closings/Contracts 58 [sic] $1,424.29
Sick Leave utilized – Real Estate work conducted as 60 [sic] $1,081.00
evidenced by laptop forensics
Sick Leave utilized – Real Estate work conducted as 62 [sic] $1,538.59
evidenced by cellular phone records
Sick Leave/No leave – attending Exit Real Estate Agent 66 [sic] $ 865.95
meetings
TOTAL $4,909.83
THE FOLLOWING FINDINGS RELATE TO SINDIRI’S USE OF HIS CELLULAR
TELEPHONE DURING COMMONWEALTH WORK HOURS TO CONDUCT BUSINESS
TRANSACTIONS RELATING TO HIS SUPPLEMENTARY EMPLOYMENT AS A REAL
ESTATE SALESPERSON.
59. Sindiri purchased an Apple iPhone in approximately January 2006 for use with his
Sindiri, 09-024
Page 21
secondary employment as a Real Estate Agent.
a. Sindiri’s cellular service was provided through AT&T via telephone number
717-395-7675.
b. Sindiri claimed 100% of his cellular telephone as a business expense on tax
returns for 2006, 2007 and 2008.
60. Sindiri’s cellular telephone number, 717-395-7675, was listed on his personal real
estate website http://www.atreiasindiri.com as the primary means of contacting
Sindiri with real estate related inquiries.
a. The number was found to be listed on real estate business cards, flyer
advertisements, and calendar advertisements that were distributed by Sindiri
to potential clients.
b. Calls for Sindiri received by Exit Realty – Capital Area were forwarded to
Sindiri’s cellular telephone.
c. Sindiri confirmed during a sworn statement taken by State Ethics
Commission Investigators that his cell phone was his main point of contact
for clients and associates to contact him regarding real estate transactions.
61. Sindiri routinely and consistently took phone calls related to real estate transactions
throughout the Commonwealth workday.
a. Sindiri would leave Time Team meetings to either make or receive calls on
his personal cell phone.
1. Time Team meetings were generally held every Thursday from 1:00
p.m. to 2:00 p.m.
b. Although some of the cellular telephone conversations held by Sindiri were
in a foreign language, through the context of the conversation it was
believed the calls were real estate related, due to the fact that words such as
“refrigerator” and “central air-conditioning” were overheard in English which
were clearly related to real estate transactions.
62. Between April 1, 2008, [and] March 20, 2009, Sindiri either made or received 2,388
cellular phone calls (5,833 minutes worth of call time) during his established
Commonwealth work hours (7:45 a.m. to 4:15 p.m.).
a. Calls that occurred during Sindiri’s established lunch hour from 12:00 p.m. to
1:00 p.m. were not included in the calculation above.
b. Sindiri made/received 287 minutes of calls to/from Sindiri’s home telephone
number of [number redacted] during his established Commonwealth work
hours, which were removed in any calculation of time.
c. By eliminating calls made/received during Sindiri’s lunch hour and/or calls
made to his home telephone, Sindiri made or received 5,546 minutes of calls
during his established Commonwealth work hours.
63. The majority of Sindiri’s cellular telephone minute usage during Commonwealth
working hours occurred on dates that closings and contracts occurred.
a. There is a direct correlation between the amount of cellular telephone calls
Sindiri, 09-024
Page 22
made and received by Sindiri during his Commonwealth working hours and
dates of closings and contracts.
1. Sindiri claimed his AT&T cell phone on his yearly tax returns for
calendar years 2006, 2007, and 2008 as a business expense.
2. Within those telephone calls made/received which were analyzed
above, it was found that Sindiri had a total of 75 minutes worth of call
time which were either made or received by Sindiri from the Exit
Realty Office between April 1, 2008, [and] March 17, 2009.
64. Sindiri realized a private pecuniary benefit of no less than $2,254.48 when he
conducted real estate related business/transactions via cellular telephone
communications, during established Commonwealth working hours, at times when
Sindiri did not utilize any form of leave.
Total Total Hourly
Month (minutes) (hours) Rate Financial Gain
Apr-08 302 5.03 $ 46.00 $ 231.53
May-08 358 5.97 $ 46.00 $ 274.47
Jun-08 474 7.90 $ 46.00 $ 363.40
Jul-08 382 6.37 $ 47.38 $ 301.65
Aug-08 247 4.12 $ 47.38 $ 195.05
Sep-08 424 7.07 $ 47.38 $ 334.82
Oct-08 63 1.05 $ 47.38 $ 49.75
Nov-08 69 1.15 $ 47.38 $ 54.49
Dec-08 94 1.57 $ 47.38 $ 74.23
Jan-09 97 1.62 $ 47.38 $ 76.60
Feb-09 209 3.48 $ 47.38 $ 165.04
Mar-09 169 2.82 $ 47.38 $ 133.45
Total 2888 48.13* $ 2,254.48
*
[sic]. [There is a minor discrepancy in the calculation, which is insignificant.]
THE FOLLOWING FINDINGS RELATE TO SINDIRI LEAVING WORK WITHOUT
UTILIZING LEAVE TO COVER ABSENCES FROM HIS JOB.
65. Sindiri parked his automobile in the Forum Place parking garage located within the
walls of the Forum Place in which Sindiri worked.
a. To enter and to exit the garage, Sindiri was required to swipe an electronic
access card.
66. Electronic swipe card records from the Forum Place parking garage confirm that
Sindiri arrived for work late, left early, and left work throughout the workday on
numerous occasions during times that Sindiri did not utilize leave to cover his
absence.
a. The swipe card records covered the time period 5/16/07 to 8/1/08.
1. Swipe card records covering the time periods 6/25/07 to 7/26/07,
9/28/07 to 12/11/07, and 4/15/08 to 5/15/08 could not be included
with the analysis due to a computer error resulting in the deletion of
the data from the parking garage’s records.
Sindiri, 09-024
Page 23
67. Swipe card records confirm that Sindiri was absent from work but did not utilize
leave to cover his absences for a total of 2,972 minutes (49.53 hours).
68. Sindiri realized a private pecuniary gain of $2,286.15 when he arrived for work late,
left work early, or left work throughout the workday and did not utilize leave to cover
his absences as shown below:
Lost Time
Month (min) Hours Hourly Rate Financial Gain
May-07 56 0.93 $ 46.00 $ 42.93
Jun-07 111 1.85 $ 46.00 $ 85.10
Jul-07 18 0.30 $ 46.00 $ 13.80
Aug-07 365 6.08 $ 46.00 $ 279.83
Sep-07 164 2.73 $ 46.00 $ 125.73
Dec-07 187 3.12 $ 46.00 $ 143.37
Jan-08 162 2.70 $ 46.00 $ 124.20
Feb-08 432 7.20 $ 46.00 $ 331.20
Mar-08 319 5.32 $ 46.00 $ 244.57
Apr-08 176 2.93 $ 46.00 $ 134.93
May-08 166 2.77 $ 46.00 $ 127.27
Jun-08 485 8.08 $ 46.00 $ 371.83
Jul-08 331 5.52 $ 47.38 $ 261.38
Total 2972 49.53 $ 2,286.15*
*
[sic]. [There is a one-cent discrepancy in the calculation, which is insignificant.]
69. Sindiri received yearly 1099 Forms from Exit Realty – Capital Area reporting his
earnings (commissions) as a Real Estate Agent.
Calendar Year Amount of 1099
2006 $ 21,738.93
2007 $ 22,814.59
2008 1099A $ 1,390.73
1099B $ 80,941.17
2006 – 2008 Totals $126,885.42
70. Sindiri filed his 2006 Federal Income Taxes jointly with his wife, Sangeeta Sindiri.
a. Sindiri claimed the following losses reducing his adjusted gross income.
1. Sindiri claimed a business loss of $1,203.00.
2. Sindiri claimed a capital loss of $3,000.00.
3. Sindiri claimed a rental real estate loss of $24,081.00.
b. Sindiri completed IRS form 1040, Schedule C profit or loss from a business
for calendar year 2006.
1. Gross income listed on the form from Sindiri’s real estate sales is
$21,738.00.
2. The following chart outlines expenses claimed by Sindiri for his real
Sindiri, 09-024
Page 24
estate business:
Expense Amount
Advertising $3,085.00
Car and truck expenses $8,420.00
Commissions and fees $3,591.00
Insurance (other than health) $936.00
Legal and professional services $210.00
Office expense $214.00
Supplies $1,098.00
Deductible meals and entertainment $416.00
Utilities $1,494.00
Other expenses $3,477.00
Total $22,941.00
c. The following chart outlines the “other expenses” listed by Sindiri in the
amount of $3,477.00:
Expense Amount
Cell phone $1,842.00
DSL $784.00
Job training $352.00
Web hosting $100.00
Membership dues $399.00
Total $3,477.00
d. As outlined in the above charts, in 2006 Sindiri claimed $22,941.00 in
expenses for his real estate business.
1. Sindiri claimed a loss of $1,203 in 2006 for his real estate business
($21,738.00 - $22,941.00 = a net loss of -$1,203).
71. Sindiri filed his 2007 Federal Income Taxes jointly with his wife, Sangeeta Sindiri.
a. Sindiri claimed the following losses reducing his adjusted gross income:
1. Sindiri claimed a business loss of $12,091.00.
2. Sindiri claimed a rental real estate loss of $29,037.00.
b. Sindiri completed IRS form 1040, Schedule C profit or loss from a business
for calendar year 2007.
1. Gross income listed on the form from Sindiri’s real estate sales is
$24,697.00.
2. The following chart outlines expenses claimed by Sindiri for his real
estate business:
Expense Amount
Car and truck expenses $6,246.00
Commissions and fees $2,594.00
Repairs and maintenance $13,946.00
Supplies $5,480.00
Travel $3,261.00
Deductible meals and entertainment $1,238.00
Sindiri, 09-024
Page 25
Other expenses $4,023.00
Total $36,788.00
c. Expenses listed as “other expenses” in the above chart are outlined in the
following chart:
Expense Amount
Cell phone $1,227.00
DSL $1,221.00
Job training $1,058.00
Web hosting $158.00
Security $359.00
Total $4,023.00
d. As outlined in the above charts, in 2007 Sindiri claimed $36,788.00 in
expenses for his real estate business.
1. Sindiri claimed a net loss of $12,091.00 for his real estate business
($24,697.00 - $36,788.00 = -$12,091.00).
72. Sindiri filed his 2008 Federal Income Taxes jointly with his wife, Sangeeta Sindiri.
a. Sindiri claimed the following, which affected his adjusted gross income:
1. $48.00 in taxable interest.
2. A real estate loss of $24,571.00.
3. A capital loss of $3,000.00.
4. $14,737.00 in other losses.
5. Business income of $52,809.00 and $71.00 in taxable refunds.
b. Sindiri completed IRS form 1040, Schedule C profit or loss from a business
for calendar year 2008.
1. Gross income listed on the form from Sindiri’s real estate sales is
$52,809.00.
2. The following chart outlines expenses claimed by Sindiri for his real
estate business:
Expense Amount
Advertising $8,241.00
Car and truck expenses $10,138.00
Commissions and fees $2,825.00
Legal and professional services $220.00
Office expense $1,158.00
Supplies $1,157.00
Deductible meals and entertainment $531.00
Other expenses $5,252.00
Total $29,522.00
c. The following chart outlines items listed as “other expenses”:
Sindiri, 09-024
Page 26
Expense Amount
Communications $3,862.00
Job training $1,390.00
Total $5,252.00
d. As outlined in the above charts, in 2008 Sindiri claimed $29,522.00 in
expenses for his real estate business.
1. Sindiri claimed a net income of $52,809.00 for his real estate
business ($82,331.00 - $29,522.00 = $52,809.00).
73. Over the course of the 3 year time period (2006 through 2008), Sindiri claimed a
total profit from the real estate business of $16,637.00.
74. Sindiri simultaneously received regular pay statements in regards to his
Commonwealth employment in addition to his employment as a real estate agent for
Exit Realty – Capital Area.
a. Sindiri received W-2 Statements reflecting earnings from his Commonwealth
employment as follows:
Calendar Year Income
2006 $90,714.18
2007 $95,773.50
2008 $95,152.33
b. The Commonwealth earnings reflected above represent payment for work
hours Sindiri was to be working on Commonwealth-related tasks and
assignments.
75. Sindiri utilized Commonwealth facilities and time in order to profit from his
supplemental real estate employment.
a. Sindiri was able to earn sales commissions by utilizing his Commonwealth
issued laptop in furtherance of his Secondary employment as a Real Estate
Agent.
b. Sindiri was able to earn sales commissions by utilizing Commonwealth
issued printer/scanner/fax machine in furtherance of his Secondary
employment as a Real Estate Agent.
76. Sindiri’s unavailability as a result of devoting Commonwealth time to his real estate
activities became the focus of his supervisors and was discussed during Sindiri’s
employee performance reviews (EPR) of 2008.
a. For EPR’s up to December 2005, Sindiri’s reviews were commendable
resulting in his promotion of supervisor.
b. Sindiri was also cited for utilizing Commonwealth resources for his real
estate position.
77. [In] Sindiri’s “Employee Performance Review” for [the] period ranging from April
2007 until March 2008, it was noted that Sindiri’s subordinates reported that he was
often unavailable.
a. Sindiri’s unavailability was a result of his attention towards real estate
Sindiri, 09-024
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activities rather than his Commonwealth duties.
b. Sindiri was also informed that his supplemental employment violated
Commonwealth policy – specifically that Sindiri’s “printing real estate
contracts on CoPa device during normal work hours. Informed him that the
next offense would begin formal discipline process.”
78. Sindiri’s use of leave and failure to utilize leave was noted by his supervisor, Jeffrey
Snyder, in or around June 2008.
a. In an email exchange between Sindiri and Snyder, Snyder revealed that he
was unaware of Sindiri’s set work hours.
----Original Message----
From: Snyder, Jeffrey (OA)
Sent: Thursday, June 12, 2008 8:18 AM
To: Sindiri, Atreia
Subject: Work Hours
What are your work Hours? SAP has 7:30 to 4:00 but if memory
serves me we agreed on 7:45 to 4:15. In either case your recent
attendance has seemed to deviate from either of those.
b. In response to the above, Sindiri stated as follows:
Original Message----
From: Sindiri, Atreia
Sent: Thursday, June 12, 2008 8:58 AM
To: Snyder, Jeffrey (OA)
Subject: RE: Work Hours
Jeff, yes we have agreed on 7:45 to 4:15. I have been deviating 10
minutes here and there for the past few days but I am making up
those hours. I was very late today and I was planning to submit a
leave today. . . . Jeff, I am not misusing any hours and I am working
more than 7:30 everyday.
79. Beginning in April 2008, Sindiri’s actions as IES Business Operations Supervisor
were reviewed by the Pennsylvania Office of Inspector General as a result of
allegations that Sindiri used Commonwealth time and equipment in furtherance of
his real estate interests:
a. PA OIG’s inquiry confirmed in part that Sindiri used Commonwealth
equipment and e-mail systems for his real estate business.
b. PA OIG’s review also determined that Sindiri worked less than his scheduled
hours on 147 of 193 days reviewed between May 2007 and August 2008.
c. As a result of PA OIG’s review, Sindiri’s Commonwealth employment was
terminated on March 21, 2009.
80. As a Commonwealth employee, Sindiri completed employment related training titled
“OA-HRD WBT Ethics in the Workplace.”
a. The course description indicated that:
This course covers the topic of Ethics in the Workplace for Commonwealth
Sindiri, 09-024
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employees. Topics include conflicts of interests; gifts, favors, and honoraria;
misuse of information, facilities, and equipment; supplementary employment;
political activity; financial disclosure; and criminal conduct. At the end of this
training there is a certification, requiring you to certify a series of statements
in order to receive credit for completing this training.
b. The estimated time to complete the training was identified as thirty (30)
minutes.
c. Sindiri completed 100% of this training on or about January 14, 2008.
d. The Commonwealth Ethics in the Workplace training utilized sample
scenarios to highlight activities which violate the Ethics Act.
1. One example utilized was the question “A man uses the office copier
to print out fifty invitations to his annual backyard pig roast. Is this an
ethical conflict?”
2. A second scenario posed in the training was “Brenda used the office
fax machine to send her mortgage company some information. She
only did it once, and justified it because she doesn’t have a fax
machine at home.”
3. The above-referenced scenarios were both identified as being
conflicts of interests by the training module completed by Sindiri.
81. Sindiri realized a pecuniary benefit of at least $9,772.46 by:
a. Using his Commonwealth issued laptop computer to create/modify electronic
documents pertaining to his secondary employment as a real estate agent –
during established Commonwealth work hours;
b. Failing to utilize leave to attend real estate meetings and events listed in his
Microsoft Outlook Calendar.
c. Utilizing sick leave, in violation of the established Commonwealth leave
policy, to attend and conduct business transactions in relation to his
secondary employment as a real estate agent;
d. Failing to utilize any form of leave from his Commonwealth employment
when attending and conducting real estate related business;
e. Utilizing his cellular telephone to conduct business transactions in relation to
his secondary employment as a real estate agent during established
Commonwealth work hours.
f. Arriving for work late, leaving work early, or leaving work throughout the
workday when [he] did not utilize leave to cover his absence.
g. The following chart depicts Sindiri’s pecuniary benefit:
Financial
Event Type
Gain
Sick Leave utilized – attending Closings/Contracts $1,424.29
Sick Leave utilized – Real Estate work conducted
$1,081.00
as evidenced by laptop forensics
Failure to utilize leave to attend real estate $322.00
Sindiri, 09-024
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meetings and events
Sick Leave utilized – Real Estate work conducted
$1,538.59
as evidenced by cellular phone records
Sick Leave/No leave – attending Exit Real Estate
$ 865.95
Agent meetings
Real Estate Cell phone usage during
$2,254.48
Commonwealth work hours – no leave utilized
Lost Time $2,286.15
TOTAL $9,772.46
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT SINDIRI FAILED TO
FILE STATEMENT OF FINANCIAL INTERESTS FORMS FOR CALENDAR YEARS 2006,
2007 AND 2008.
82. Sindiri, in his official capacity as IES Business Operations Supervisor for the
Commonwealth of Pennsylvania’s Integrated Enterprise System (IES), was annually
st
required to file a Statement of Financial Interests form by May 1 containing
information for the prior calendar year.
83. Sindiri was not provided with blank Statement of Financial Interests forms to
complete by the Office of Administration’s Human Resources Department.
a. The Office of Administration’s Human Resources Department did not require
Sindiri, in his position as IES Business Operations Supervisor, to file annual
Statements of Financial Interests.
84. Sindiri did not file annual Statements of Financial Interests as an IES Business
Operations Supervisor for the Commonwealth of Pennsylvania’s Integrated
Enterprise System (IES), for calendar years 2006, 2007 and 2008.
III.DISCUSSION:
As a Business Operations Supervisor for the Bureau of Integrated Enterprise
System (“IES”) within the Commonwealth of Pennsylvania Office of Administration from
March 4, 2006, until March 21, 2009, Respondent Atreia Sindiri, hereinafter also referred
to as “Respondent,” “Respondent Sindiri,” and “Sindiri,” was a 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 Sindiri violated Sections 1103(a) and 1104(a)
of the Ethics Act: (1) when he used the authority of his public position for a private
pecuniary benefit by utilizing Commonwealth equipment and time for the benefit of his
private business interests; (2) when he inappropriately utilized sick leave for the purposes
of conducting business in furtherance of his private pecuniary interests; (3) when he failed
to utilize leave for hours not worked; and (4) when he failed to file Statements of Financial
Interests (“SFIs”) for the 2006, 2007, and 2008 calendar years.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a)Conflict of interest.—
No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
Sindiri, 09-024
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65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest."
Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official/public employee from
using the authority of public office/employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official/public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1104(a) of the Ethics Act provides that each public official/public employee
must file an SFI for the preceding calendar year, each year that he holds the position and
the year after he leaves it.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent Sindiri was employed by the Commonwealth of Pennsylvania as an IES
Business Operations Supervisor from March 4, 2006, until March 21, 2009. Sindiri was
terminated from his Commonwealth position on March 21, 2009.
Sindiri’s duties as an IES Business Operations Supervisor included, inter alia: (1)
hiring, supervising, and evaluating the performance of subordinate Commonwealth
employees; (2) participating in the negotiation of or decision to award contracts or
otherwise taking or recommending official action of a discretionary nature regarding
contracting or procurement; (3) supervising contract employees; and (4) supervising the
business operations team with respect to budget, finance, procurement, human resources,
and payroll.
As a Commonwealth employee, Sindiri was required to obtain approval for any
supplementary employment. Any conflicts arising out of supplementary employment had to
be resolved in favor of the Commonwealth. Additionally, Sindiri was prohibited from using
Commonwealth facilities, offices and equipment for private business activities. Sindiri was
aware of these restrictions and requirements.
On or about December 27, 2005, Sindiri commenced supplementary employment as
a licensed real estate agent. Sindiri worked as an independent contractor affiliated with a
Sindiri, 09-024
Page 31
real estate broker referred to herein as “Exit Realty-Capital Area.” On January 5, 2006,
Sindiri submitted to the Commonwealth a request for supplementary employment as a Real
Estate Agent for Exit Realty-Capital Area. Sindiri noted on his request that his
supplementary employment work hours were to be daily from 5:30 p.m. to 10:00 p.m.
Sindiri utilized Commonwealth equipment, including, but not limited to a laptop
computer, copier/scanner/fax, and email in furtherance of his secondary employment as a
Real Estate agent. Sindiri’s use of Commonwealth equipment to further his real estate
employment continued even after he received a reprimand in August 2006 for installing an
unauthorized software program on his Commonwealth assigned laptop.
Beginning in April 2008, Sindiri’s actions as IES Business Operations Supervisor
were reviewed by the Pennsylvania Office of Inspector General (“OIG”), which seized
Sindiri’s laptop for the purposes of conducting a forensic analysis. The forensic analysis
revealed that Sindiri maintained on his Commonwealth laptop computer no less than 795
photo files that were readily identifiable as being related to real estate and/or Sindiri’s
position as a real estate agent.
Sindiri maintained all of his real estate documentation on his Commonwealth issued
laptop. Sindiri created within his Commonwealth laptop a folder titled “Real Estate,” in
which he intentionally stored and/or maintained numerous non-Commonwealth, real estate
related files. Sindiri stored over 62 Microsoft Word Document Files, equating to
approximately 153 pages. Sindiri stored over 453 “Portable Document Format” (“PDF”)
files, constituting 2,979 pages worth of documents, which Sindiri scanned using a
Commonwealth copier/scanner/fax machine. Sindiri stored over 204 Microsoft Publisher
files, all of which were real estate related. Sindiri stored no less than ten (10) Microsoft
Excel and 18 ZIP files (compressed files).
The parties have stipulated that Sindiri received a private pecuniary gain of $678.50
when he utilized no less than 14.75 hours of Commonwealth time to create/modify real
estate documents maintained on his Commonwealth issued laptop computer.
In addition to utilizing his Commonwealth issued laptop to store files and
documents, Sindiri also utilized the laptop for other real estate purposes. Throughout the
workday, Sindiri utilized his Commonwealth laptop to access the internet. Sindiri would
access his personal email account throughout the day to communicate with his real estate
clients. Sindiri would “snap shot” files from his personal email account to his
Commonwealth email account so that they could be stored on his Commonwealth laptop.
Sindiri would access the internet to search and view recently listed properties contained on
a Multi Listing Service database. Sindiri utilized his Commonwealth laptop computer to
update his real estate internet web page at various times during various workdays. Sindiri
utilized his Commonwealth email address to contact his real estate clients who were state
employees. Sindiri utilized Microsoft Outlook on his Commonwealth issued laptop
computer to maintain contact information and a calendar related to his real estate dealings.
Sindiri also accessed and utilized a subordinate’s desktop computer in furtherance
of his personal real estate business.
Sindiri abused sick leave and used Commonwealth time without submitting leave in
order to perform private real estate work. The parties have stipulated that Sindiri realized
a total pecuniary benefit of at least $9,772.46 calculated as the sum of the following: (1)
$1,424.29 for using 30.5 hours of sick leave to be present when real estate contracts were
entered into or to attend real estate closings as detailed in Fact Findings 47a-49 and 81g;
(2) $1,081.00 for using 23.5 hours of sick leave to conduct real estate work as evidenced
by laptop forensics and detailed in Fact Findings 50-51a and 81g; (3) $322.00 for failing to
utilize seven hours of leave to attend real estate meetings and events as detailed in Fact
Sindiri, 09-024
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Findings 37-38 and 81g; (4) $1,538.59 for using 32.75 hours of sick leave to conduct real
estate work as evidenced by cellular phone records and detailed in Fact Findings 52-53
and 81g; (5) $865.95 for using 14.25 hours of sick leave and an additional 4.5 hours of
Commonwealth time without taking leave to attend Exit Real Estate Agent meetings, as
detailed in Fact Findings 54-57 and 81g; (6) $2,254.48 for using no leave while conducting
real estate cell phone calls totaling 2888 minutes during Commonwealth work hours as
detailed in Fact Findings 64 and 81g; and (7) $2,286.15 for 49.53 hours of lost time when
Sindiri arrived for work late, left work early, or left work throughout the workday and did not
utilize leave to cover his absences, as detailed in Fact Findings 68 and 81g.
Sindiri utilized Commonwealth facilities and time in order to profit from his
supplemental real estate employment. For 2006, 2007, and 2008, Sindiri received real
estate commissions totaling $126,885.42. Sindiri’s Federal Income Tax Returns for 2006,
2007, and 2008 reported a total profit from the real estate business of $16,637.00.
Sindiri’s Commonwealth “Employee Performance Review” for the period ranging
from April 2007 until March 2008 noted that Sindiri’s subordinates reported that he was
often unavailable. Sindiri’s unavailability was a result of his attention towards real estate
activities rather than his Commonwealth duties. Sindiri was also cited/reprimanded for
utilizing Commonwealth resources for his real estate position.
As a result of OIG’s review, Sindiri’s Commonwealth employment was terminated on
March 21, 2009.
With regard to the allegations involving failure to file SFI forms, the parties have
stipulated that as an IES Business Operations Supervisor, Sindiri was required to file an
SFI form each year. However, the Office of Administration’s Human Resources
Department did not require Sindiri to file annual SFIs. As an IES Business Operations
Supervisor, Sindiri did not file SFIs for calendar years 2006, 2007 and 2008.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in
relation to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S.
§1103(a), occurred in relation to Sindiri’s
utilization of Commonwealth equipment and time
for the benefit of his private business interests;
b. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S.
§1103(a), occurred when Sindiri inappropriately
utilized sick leave for the purposes of conducting
business in furtherance of his private pecuniary
interests;
c. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S.
§1103(a), occurred when Sindiri failed to utilize
leave for hours not worked; and
Sindiri, 09-024
Page 33
d. That an unintentional violation of Section
1104(a) of the Public Official and Employee
Ethics Act, 65 Pa.C.S. §1104(a), occurred in
relation to Sindiri’s failure to file Statements of
Financial Interests for the 2006, 2007 and 2008
calendar years, in that Sindiri was incorrectly
advised by the Office of Administration that he
was not required to file.
4. Sindiri agrees to make payment in the amount of $9,772.46 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. To the extent that he has not already done so, Sindiri agrees
to file Statements of Financial Interests for calendar years
2006, 2007 and 2008 with the Bureau of Integrated Enterprise
System of the Office of Administration, and forward copies of
all filings to this Commission.
6. The Investigative Division will recommend that the State
Ethics Commission take no further action in this matter; and
make no specific recommendations to any law enforcement or
other authority to take action in this matter. Such, however,
does not prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 1-2.
In considering the Consent Agreement, we determine that all of the recommended
violations of Section 1103(a) of the Ethics Act have been established.
It is axiomatic that Section 1103(a) of the Ethics Act prohibits the use of
governmental time, facilities, equipment, and the like for private purposes, including
business purposes. See, e.g., Neff, Order 1498; Morton, Order 1491; Rembold, Order
1417; Bryant, Order 1367; Cobb, Order 1354; Maduka, Order 1273; Heck, Order 1251;
Catone, Order 994; Confidential Opinion, 05-001.
Sindiri engaged in an ongoing course of conduct whereby he abused his
Commonwealth sick leave and otherwise utilized Commonwealth time, facilities, and
equipment in furtherance of his real estate business, as detailed in the Fact Findings and
above. But for the authority and access to Commonwealth equipment afforded by his
Commonwealth position, Sindiri would not have been able to engage in such conduct. The
parties have stipulated that the resulting private pecuniary benefit to Sindiri totaled at least
$9,772.46.
Accordingly, we find the following.
A violation of Section 1103(a) of the Ethics Act occurred in relation to Sindiri’s
utilization of Commonwealth equipment and time for the benefit of his private business
interests.
Sindiri, 09-024
Page 34
A violation of Section 1103(a) of the Ethics Act occurred when Sindiri
inappropriately utilized sick leave for the purposes of conducting business in furtherance of
his private pecuniary interests.
A violation of Section 1103(a) of the Ethics Act occurred when Sindiri failed to utilize
leave for hours not worked.
We agree with the parties that an unintentional violation of Section 1104(a) of the
Ethics Act occurred in relation to Sindiri’s failure to file SFIs for the 2006, 2007 and 2008
calendar years, in that Sindiri was incorrectly advised by the Office of Administration that
he was not required to file.
Intent is not a requisite element for a violation of Section 1103(a) of the Ethics Act.
See, e.g., Yocabet v. State Ethics Commission, 531 A.2d 536 (Pa. Cmwlth. 1987).
Nevertheless, based upon the Stipulated Findings, it would appear that the aforesaid
violation was unintentional.
We hold that an unintentional violation of Section 1104(a) of the Ethics Act
occurred in relation to Sindiri’s failure to file SFIs for the 2006, 2007 and 2008 calendar
years, in that Sindiri was incorrectly advised by the Office of Administration that he was
not required to file.
As part of the Consent Agreement, Respondent has agreed to make payment in the
amount of $9,772.46 payable to the Commonwealth of Pennsylvania and forwarded to this
Commission within thirty (30) days of the issuance of the final adjudication in this matter.
To the extent he has not already done so, Respondent has further agreed to file
SFIs with the IES for calendar years 2006, 2007 and 2008 and to forward copies of all
such filings to this Commission.
We determine that the Consent Agreement submitted by the parties sets forth a
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, Respondent Sindiri is
directed to make payment in the amount of $9,772.46 payable to the Commonwealth of
th
Pennsylvania and forwarded to this Commission by no later than the thirtieth (30) day
after the mailing date of this adjudication and Order.
To the extent he has not already done so, Respondent Sindiri is directed to file SFIs
with the IES for calendar years 2006, 2007 and 2008 and to forward copies of all such
th
filings to this Commission 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 Business Operations Supervisor for the Bureau of Integrated Enterprise
System (“IES”) within the Commonwealth of Pennsylvania Office of Administration
from March 4, 2006, until March 21, 2009, Respondent Atreia Sindiri (“Sindiri”) was
a public employee subject to the provisions of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
Sindiri, 09-024
Page 35
2. Sindiri violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he
utilized Commonwealth equipment and time for the benefit of his private business
interests.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Sindiri inappropriately utilized sick leave for the purposes of conducting
business in furtherance of his private pecuniary interests.
4. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Sindiri failed to utilize leave for hours not worked.
5. An unintentional violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. §
1104(a), occurred in relation to Sindiri’s failure to file Statements of Financial
Interests for the 2006, 2007 and 2008 calendar years, in that Sindiri was incorrectly
advised by the Office of Administration that he was not required to file.
In Re: Atreia Sindiri, : File Docket: 09-024
Respondent : Date Decided: 10/19/10
: Date Mailed: 10/26/10
ORDER NO. 1572
1. Atreia Sindiri (“Sindiri”), a public employee in his capacity as a Business Operations
Supervisor for the Bureau of Integrated Enterprise System (“IES”) within the
Commonwealth of Pennsylvania Office of Administration from March 4, 2006, until
March 21, 2009, violated Section 1103(a) of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he utilized Commonwealth
equipment and time for the benefit of his private business interests.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Sindiri inappropriately utilized sick leave for the purposes of conducting
business in furtherance of his private pecuniary interests.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Sindiri failed to utilize leave for hours not worked.
4. An unintentional violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. §
1104(a), occurred in relation to Sindiri’s failure to file Statements of Financial
Interests (“SFIs”) for the 2006, 2007 and 2008 calendar years, in that Sindiri was
incorrectly advised by the Office of Administration that he was not required to file.
5. Per the Consent Agreement of the parties, Sindiri is directed to make payment in
the amount of $9,772.46 payable to the Commonwealth of Pennsylvania and
forwarded to the Pennsylvania State Ethics Commission by no later than the
th
thirtieth (30) day after the mailing date of this Order.
6. To the extent he has not already done so, Sindiri is directed to file SFIs with the IES
for calendar years 2006, 2007 and 2008 and to forward copies of all such filings to
th
the Pennsylvania State Ethics Commission by no later than the thirtieth (30) day
after the mailing date of this Order.
7. Compliance with Paragraphs 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