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HomeMy WebLinkAbout1587 Dull In Re: Bryan Dull, : File Docket: 10-028 Respondent : X-ref: Order No. 1587 : Date Decided: 6/23/11 : Date Mailed: 7/8/11 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. I.ALLEGATIONS: That Bryan Dull, a public official/public employee in his capacity as a Commissioner for North Versailles Township, Allegheny County, violated Sections 1103(a) and 1104(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1104(a), when he used the authority of his public office to facilitate his placement on the Township health insurance plan at Township expense, without Board discussion or approval and when he failed to pay costs of the premiums; and when he failed to file Statements of Financial Interests for the 2005, 2006, 2007, 2008 and 2009 calendar years. II.FINDINGS: 1. Bryan Dull served as a North Versailles Township Commissioner from January 3, 2006, to February 19, 2009. a. Dull served as the Vice-President of the Board in 2008. b. The North Versailles [Township] Board of Commissioners accepted Dull’s resignation at the February 19, 2009, meeting. 2. Professionally, Dull has been employed as a physical education teacher at East Allegheny School District since approximately 2009. B. Dull, 10-028 Page 2 3. North Versailles Township is a First Class Township governed by a seven Member Board of Commissioners. a. The Commissioners hold regular monthly meetings at the Township building on the third Thursday of each month. 1. The Township holds a citizen speak-out and/or caucus meeting immediately prior to commencing the regular meeting. b. Special meetings are held when necessary. 4. North Versailles Township Commissioners are compensated $3,250.00 annually for their services. a. Township Commissioners are not required to be present at monthly meetings in order to receive the compensation. 5. Voting at Board meetings occurs in roll call fashion after a motion is made and seconded. a. All objections and abstentions are noted within the minutes. b. The minutes of each meeting are approved for accuracy at each subsequent meeting. c. The Secretary is ultimately responsible for generation of the minutes. 1. Hand written notes and the meeting audio recording are utilized in generating the minutes. 6. Bill lists are generated for review at the monthly meetings. a. The bill list is approved at the monthly meeting as funds become available. b. Township general fund checks are signed on an as needed basis. 1. Checks require two live signatures. aa. Authorized signatories include the Board President, Treasurer, and Secretary. bb. Checks can be signed by the combination of any two signatories. cc. Signature stamps are not utilized. c. Invoices are provided to Commissioners for review by the Secretary upon request. 7. Township payroll is processed by Automated Data Processing (hereafter “ADP”). a. ADP provides business related services for employers to include payroll processing, human resources, and benefits. b. Township payroll is issued on a bi-weekly basis. 8. The Secretary or the Accounts Payable Clerk is responsible for submission of B. Dull, 10-028 Page 3 payroll information to ADP for processing. a. The Accounts Payable Clerk routinely submits the information to ADP. b. Payroll is not itemized on the monthly bill list. 9. North Versailles Township offers health, vision and dental coverage to full-time Township employees at Township expense as an employee benefit and compensation package. a. Highmark provides medical and vision insurance benefits for Township employees via the Keystone Blue HMO and vision plan, Group #8868541. 1. Highmark invoices the Township under client #019893; bill account #0198930001. aa. Vision premiums are also invoiced under Highmark. 2. Highmark’s group agreement does not list provisions regarding coverage for elected Township officials. b. Guardian Dental provides dental benefits for Township employees. c. Township insurance plans are processed by Robert Aretta, Aretta Insurance Group Inc. 10. North Versailles Township Commissioners’ compensation and benefits are governed by applicable provisions of the First Class Township Code. a. First Class Township Code, Article VII, Section 703, states in part: “Each township Commissioner may receive a salary, established by ordinance, of not more than…,three thousand two-hundred fifty dollars per year in townships having a population of ten-thousand or more but less than fifteen thousand.…” b. First Class Township Code, Article XV, Section 1502(63), Insurance states in part: “To expend out of the general township fund such amount as may be necessary…,to make contracts of insurance with any insurance company, or nonprofit hospitalization corporation, or nonprofit medical service corporation, authorized to transact business within the Commonwealth, insuring its employees or commissioners, or any class or classes thereof, or their dependents, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service.…” c. The Commissioners are authorized to deduct from the employee’s or Commissioner’s pay, salary or compensation such part of the premium or charge as is payable by the employee or Commissioner. d. Such insurance shall not give eligibility preference to or improperly discriminate in favor of Commissioners. e. First Class Township Code, Article VI, Section 603, Compensation states in part: B. Dull, 10-028 Page 4 “Any change in salary, compensation, or emoluments of office shall become effective at the beginning of the next term of the elected officer.…” 11. On or prior to March 27, 2008, Dull discussed with Township Secretary Kathleen Merolillo his enrolling in the Township’s health and vision insurance plans. a. The Township Secretary was subordinate to Township Commissioners. 12. Merolillo consulted with a representative from the Township Solicitor’s law firm, Brimmeier and Associates Law Firm, to determine if it was permissible for Commissioners to participate in the Township’s health plans. a. Merolillo solicited information from Brimmeier and Associates Law Firm for advice on the matter of Commissioner enrollment in Township health insurance plans. 1. A representative from Brimmeier and Associates Law Firm advised Merolillo that Commissioners were permitted to enroll in the Township’s health insurance plans as prescribed in the First Class Township Code. i. Brimmeier’s Office did not provide a written opinion. ii. Brimmeier’s Office did not discuss with Merolillo the enrollment process for Commissioners in the Township’s health plan or that Commissioners would have to pay their own premiums. 13. Dull was subsequently provided with an enrollment/change form to complete for inclusion in the Township’s health and vision plan. 14. Dull completed an enrollment/change form for Highmark health insurance on March 27, 2008. a. Dull enrolled in single (individual) coverage in the Highmark HMO and vision plan. b. The application was signed by Dull. c. The effective date of coverage is listed as April 1, 2008. 15. Dull returned his enrollment/change form to Merolillo to be added to the Township’s health and vision plan. a. Dull was added to the Township’s health and vision insurance plan as a result of his submission of the applications. b. Dull did not enroll in the Township’s dental plan. 16. Township health insurance enrollment/change forms require the signature of an authorized Township official. a. Township enrollment/change forms are routinely signed by the Township Secretary/Manager. 1. Merolillo signed and dated Dull’s enrollment/change form on March 27, 2008. B. Dull, 10-028 Page 5 b. Township enrollment/change forms do not require the signature of a Commissioner. c. Enrollment/change forms are not reviewed by the Board of Commissioners for a vote of approval. d. In 2008, Township enrollment/change forms were routinely forwarded by Merolillo or Dunbar to the Township insurance agent Robert Aretta, Aretta Insurance Group, for processing. 17. The North Versailles Township Board of Commissioners did not take action in 2008 authorizing Dull to participate in the Township’s health insurance plans. a. The North Versailles Township Board of Commissioners did not discuss provisions (ordinances, resolutions, etc.) regarding any Commissioners enrolling/participating in the Township’s health plan in 2008. b. The North Versailles Township Board of Commissioners did not formally approve Dull’s enrollment in Township sponsored health insurance plans via vote at a public meeting in 2008. 18. Dull participated in North Versailles Township’s health and vision plans from April 1, 2008, to February 1, 2009. a. The Board of Commissioners did not authorize or discuss Dull’s enrollment in the Township’s health and vision plan during Dull’s coverage period. b. At no time during Dull’s coverage period did Dull issue personal payment to the Township for monthly health insurance premiums incurred on his behalf. 19. At the time of Dull’s enrollment in the health and vision plan, the Township did not have any provisions (resolutions, ordinances, etc.) authorizing Commissioner participation in the Township’s health insurance plans. a. Prior to 2008, one Commissioner, Victor Milko, was enrolled in the Township health insurance plan. 20. Former North Versailles Township Commissioner Victor Milko participated in the Township’s [health insurance] plan from September 1, 2003, to November 1, 2004. a. Milko paid for the monthly premiums pursuant to the Board of Commissioners approval. b. A vote approving Milko’s enrollment is not documented in the Township’s minutes. c. Milko enrolled in the Township’s Highmark Select-Blue Point of Service health plan. 1. Milko’s enrollment form was signed by Milko on August 18, 2003, and the former North Versailles Township Secretary, Patricia Logo, on August 19, 2003. 21. On February 27, 2009, Dull emailed the Township’s insurance agent Robert Aretta, Aretta Insurance Group, requesting removal from the Township’s health and vision plan, effective February 1, 2009. B. Dull, 10-028 Page 6 a. Dull requested removal from the health plan and declined COBRA coverage. b. Board President, Kash Snyder, signed Dull’s enrollment/change form to terminate Dull’s enrollment in the Township’s health and vision plan effective February 1, 2009. 22. At the Township’s March 19, 2009, regular meeting the subject of Commissioners receiving Township provided health insurance was discussed by those Board members in attendance. a. A motion was made by Commissioner George Beswick, seconded by Commissioner Frank Bivins, to permit all Commissioners to participate in the Township health plan with the following qualifications: 1. Commissioners must reimburse the Township for the costs. th 2. Payments must be received at the Township by the 10 of every month. 3. The policy/coverage for those enrolled would be cancelled if payment was not received. 23. North Versailles Township is invoiced on a monthly basis for health, dental and vision coverage provided to plan participants including Dull. a. Dull, member ID #2006808100, is specifically identified by name on Highmark invoices. b. Vision benefit enrollees are also identified as such on the monthly Highmark invoice. 24. Payments for Township provided health insurance coverage are approved by the North Versailles Township Board of Commissioners via approval of the monthly bill listing. a. Monthly premium payments for Dull’s health care plan are reflected on Highmark’s monthly invoice as follows: Year Health Vision Total 2008 $284.14 $4.26 $288.40 2009 $389.29 $4.52 $393.81 b. Township payments to Highmark are documented on monthly bill lists as one lump sum. c. Township health insurance invoices are not reviewed by the Board of Commissioners. 1. Commissioners are provided the Township health insurance invoice upon request to the Township Secretary/Manager. 25. North Versailles Township invoices for health and vision insurance benefits from Highmark verify Township payment in the amount of $2,595.60 for health and vision insurance benefits for Dull from April 1, 2008, to February 1, 2009. a. In 2008, Dull’s monthly health and vision insurance premiums were $288.40. B. Dull, 10-028 Page 7 1. Although Dull first appeared on the monthly Highmark invoice as a newly added member in June 2008, his effective coverage began April 1, 2008. 2. Dull’s total 2008 health/vision insurance premium cost North Versailles Township $2,595.60 (nine months coverage multiplied by $288.40 monthly premium). b. In 2009, Dull’s health and vision insurance premiums totaled $393.81 per month. 1. Dull’s total 2009 health/vision insurance premium cost North Versailles Township $393.81 (January 2009 only). 2. The May 2009 Highmark invoice lists Dull as having been removed from the health and vision plan. aa. Dull’s coverage was listed as ending on February 1, 2009. bb. The May 2009 invoice documents Highmark’s reimbursement of $1,575.24 (four months premium costs) to the Township. c. Highmark mistakenly reimbursed the Township, as listed on the May 2009 invoice, for four months coverage for which Dull was not receiving the health/vision benefits. 1. Highmark reimbursed an excess amount of $393.81 to the Township for January 2009 although Dull received Township provided health/vision benefits in said month. 26. Dull, as a North Versailles Township Commissioner, participated in actions of the Board to approve bill lists on which payment to Highmark was documented, which included payment for his monthly health insurance premiums. a. Dull was present and voted to approve bill lists on which payment to Highmark is documented for eight of the ten months in which he received coverage. 27. The auditing firm Horovitz, Rudoy, and Roteman, LLC (hereafter, “HHR”) was hired in October 2008 to complete the Township’s 2007 and 2008 audits. a. The Independent Auditor’s Communication of Significant Deficiencies and Material Weakness Required Pursuant to Statement on Auditing Standards 112 letter, signed by HHR and dated April 13, 2009, to the North Versailles Board of Commissioners and Management, confirmed the following regarding health insurance premiums paid by the Township: 1. Medical insurance premiums were paid on behalf of certain Commissioners with the expectation that those Commissioners would reimburse the Township. 2. Commissioner reimbursements were not made during the year 2007. aa. Commissioner reimbursements were made in years prior to 2007. 1. It could not be determined which commissioners HHR B. Dull, 10-028 Page 8 referred to in the April 13, 2009, letter as no commissioners were enrolled in the Township’s health plans in 2007. b. The Independent Auditor’s Communication of Significant Deficiencies and Material Weakness Required Pursuant to Statement on Auditing Standards 112 letter, signed by HHR and dated December 23, 2009, to the North Versailles Board of Commissioners and Management, indicates the following: 1. Medical insurance premiums were paid on behalf of certain Commissioners with the expectation that those Commissioners would reimburse the Township. 2. Commissioner reimbursements were not made during the year 2008. aa. Commissioner reimbursements were made in years prior to 2008. 28. The HHR auditors notified the Township Commissioners that some of the Commissioners, including Dull, had enrolled in the Township’s health insurance plan and had not reimbursed the Township. a. The HHR auditors had identified that previous Commissioners had enrolled in the plan and had paid for their enrollment. 29. At the Township’s August 19, 2010, regular meeting Ordinance No. 1050 was approved by the Board regarding Commissioner participation in Township sponsored health insurance plans. a. The ordinance authorizes the placement of Township Commissioners on the municipal health care plan at the same cost as is paid by the majority of all Township employees. 1. The Township currently covers full costs of health insurance premiums for full-time employees. 30. Dull did not reimburse the Township for the cost of the health and vision insurance premiums from April 2008 to February 2009. a. Dull provided an Affidavit to the Investigative Division that states he does not have any documents that would identify health benefit reimbursements to North Versailles Township. 1. The Affidavit was signed and dated by Dull on December 6, 2010. 2. The Affidavit was notarized by Notary Public Tamara E. Pontia, on December 6, 2010. b. The Board of Commissioners did not attempt to recover from Dull expenses paid for by the Township for his health and vision insurance benefits covering said time period. 31. Dull realized a private pecuniary gain of $2,989.41 when he used the authority of his public position to facilitate his placement on the Township health insurance plan at Township expense, obtain receipt of Township provided health insurance without Board discussion or approval, when he participated in votes to approve payment of B. Dull, 10-028 Page 9 health insurance benefits, and when he failed to pay costs for the premiums. Description Amount 2008 health/vision insurance $2,595.60 2009 health/vision insurance $393.81 Total $2,989.41 THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT DULL FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2005, 2006, 2007, 2008, AND 2009. 32. Section 1104(a) of the State Ethics Act provides that public officials are to file a Statement of Financial Interests (“SFI”) with the governing authority of the political st subdivision within which appointed or elected no later than May 1 of each year that the individual holds such a position and of the year after the individual leaves such a position. 33. Dull served as a North Versailles Township Commissioner from January 3, 2006, to February 19, 2009. a. Dull was required to file SFIs with the Township … for calendar years 2005, 2006, 2007, 2008, and 2009. 34. Dull was aware of the requirement to file SFIs in his position as a Commissioner. a. Applicable Township officials/employees are annually provided blank SFI forms for completion. 35. An SFI compliance review was conducted by the Investigative Division of the State th Ethics Commission at the North Versailles Township municipal building on July 15 st and 21 of 2010. a. The review disclosed an SFI candidate form for Dull for calendar year 2004, dated March 3, 2005. thst b. The review on July 15 and 21 of 2010 confirmed no SFIs on file for Dull for calendar years 2005, 2006, 2007, 2008, and 2009. 36. Dull maintains that he acted in good faith when he enrolled in the insurance program, and when he did not pay the premiums, based upon the solicitor’s advice. III.DISCUSSION: As a Commissioner for North Versailles Township (“Township”) from January 3, 2006, to February 19, 2009, Respondent Bryan Dull, hereinafter also referred to as “Respondent,” “Respondent Dull,” and “Dull,” has been a public official subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. The allegations are that Dull violated Sections 1103(a) and 1104(a) of the Ethics Act: (1) when he used the authority of his public office to facilitate his placement on the Township health insurance plan at Township expense, without discussion or approval of the Township Board of Commissioners (“Board”) and when he failed to pay costs of the B. Dull, 10-028 Page 10 premiums; and (2) when he failed to file Statements of Financial Interests (“SFIs”) for the 2005, 2006, 2007, 2008, and 2009 calendar years. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a)Conflict of interest.— No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official/public employee from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1104(a) of the Ethics Act provides that each public official/public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Dull served as a Township Commissioner from January 3, 2006, until February 19, 2009, when the Board accepted his resignation. Dull served as the Vice-President of the Board in 2008. The Township is a First Class Township. The Board consists of seven Commissioners. The Township Commissioners are compensated $3,250.00 annually for their services and are not required to be present at monthly meetings in order to receive such compensation. B. Dull, 10-028 Page 11 The Township Commissioners’ compensation and benefits are governed by the First Class Township Code. With respect to insurance coverage, the First Class Township Code authorizes a township board of commissioners: To expend out of the general township fund such amount as may be necessary…to make contracts of insurance with any insurance company, or nonprofit hospitalization corporation, or nonprofit medical service corporation, authorized to transact business within the Commonwealth, insuring its employes or commissioners, or any class or classes thereof, or their dependents, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service…. 53 P.S. § 56563. A township board of commissioners is authorized to deduct from an employee’s or commissioner’s pay, salary or compensation such part of the insurance premium or charge as is payable by the employee or commissioner. Id. Per the First Class Township Code, “[a]ny change in salary, compensation or emoluments of office shall become effective at the beginning of the next term of the elected officer.” 53 P.S. § 55603. The Township offers health, vision, and dental coverage to full-time Township employees at Township expense. Highmark provides medical and vision benefits for Township employees via the Keystone Blue HMO and vision plan and invoices the Township for such benefits. Payments to Highmark for such coverage are approved by the Board through the approval of bill lists at regular monthly Board meetings. Township payments to Highmark are documented on monthly bill lists as one lump sum, and Township health insurance invoices are not reviewed by the Board. Highmark’s group agreement for the Township does not list provisions regarding coverage for elected Township officials. On or prior to March 27, 2008, Dull discussed with Township Secretary Kathleen Merolillo (“Merolillo”) his potential enrollment in the Township’s health and vision insurance plans. Merolillo consulted with a representative from the Township Solicitor’s law firm to determine if it was permissible for Township Commissioners to participate in the Township’s health plans, and she was advised that Commissioners were permitted to enroll in the Township’s health insurance plans as prescribed in the First Class Township Code. The Solicitor’s law firm did not provide Merolillo with a written opinion and did not discuss with Merolillo the enrollment process for Commissioners or that Commissioners would have to pay their own premiums for enrollment in the Township’s health insurance plans. Enrollment/change forms for the Township’s health insurance plans require the signature of an authorized Township official but do not require the signature of a Township Commissioner. Enrollment/change forms are routinely signed by the Township Secretary/Manager and are not reviewed by the Board for a vote of approval. Dull completed and signed an enrollment/change form on March 27, 2008, in order to be enrolled for single (individual coverage) in the Township’s health and vision plan. Dull returned his enrollment/change form to Merolillo, who signed it on March 27, 2008. As a result of submitting the enrollment/change form, Dull was enrolled in the Township’s health and vision plan with an effective date of coverage of April 1, 2008. At the time of Dull’s enrollment in the Township’s health and vision plan, the Township did not have any provisions, such as resolutions, ordinances, or the like, authorizing the participation of Commissioners in the Township’s health insurance plans. B. Dull, 10-028 Page 12 The Board did not discuss or authorize Dull’s enrollment in the Township’s health insurance plans in 2008. On February 27, 2009, Dull emailed the Township’s insurance agent and requested to be removed from the Township’s health and vision plan effective February 1, 2009. The President of the Board signed an enrollment/change form that terminated Dull’s enrollment in the Township’s health and vision plan effective February 1, 2009. Dull participated in the Township’s health and vision plan from April 1, 2008, to February 1, 2009. Dull’s monthly premium for his health and vision insurance was $288.40 in 2008 and $393.81 in 2009. At no time during Dull’s coverage period did he issue personal payment to the Township for monthly health insurance premiums incurred on his behalf. The premiums for Dull’s enrollment in the Township’s health and vision plan cost the Township $2,595.60 for the period from April 1, 2008, to December 2008, and $393.81 for January 2009, for a total cost to the Township of $2,989.41. See, Fact Findings 25 a 2, 25 b 1. As a Township Commissioner, Dull voted to approve eight monthly bill lists that included payments to Highmark for Dull’s monthly insurance premiums. The parties have stipulated that Dull realized a private pecuniary gain of $2,989.41 when he used the authority of his public position to facilitate his placement on the Township health insurance plan at Township expense, obtain receipt of Township provided health insurance without Board discussion or approval, when he participated in votes to approve payment of health insurance benefits, and when he failed to pay costs for the premiums. As for Dull’s SFIs, on July 15, 2010, and July 21, 2010, the Investigative Division of this Commission conducted an SFI compliance review at the Township municipal building. No SFIs were on file for Dull for calendar years 2005, 2006, 2007, 2008, and 2009. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That an unintentional violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a) occurred when Dull facilitated his placement on the Township health insurance plan at Township expense without Board discussion or approval and when he failed to pay costs of the premiums. b. 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 Dull’s failure to file Statements of Financial Interests for [the] 2005, 2006, 2007, 2008, and 2009 calendar years. 4. Dull agrees to make payment in the amount of $2,989.41 in B. Dull, 10-028 Page 13 settlement of this matter payable to North Versailles Township and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Dull agrees to not accept any reimbursement, compensation or other payment from North Versailles Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. Dull agrees to file Statements of Financial Interests for calendar years 2005, 2006, 2007, 2008 and 2009 disclosing all required information as appropriate with North Versailles Township within thirty (30) days of the issuance of the final adjudication in this matter. Copies of said forms shall be forwarded to the State Ethics Commission for compliance verification purposes. 7. 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 accept the recommendation of the parties for a finding that an unintentional violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Dull facilitated his placement on the Township health insurance plan at Township expense without Board discussion or approval and when he failed to pay costs of the premiums. Dull used the authority of his public office as a Township Commissioner when he arranged for and accomplished being enrolled in the Township’s health and vision plan. But for being a Township Commissioner, Dull would not have been able to: (1) discuss his enrollment in the Township’s health and vision insurance plans with the Township Secretary; (2) complete and submit an enrollment/change form; (3) obtain the signature of the Township Secretary on the enrollment/change form; or (4) be added to the Township’s health and vision plan at Township expense. Dull further used the authority of his public office when, as a Township Commissioner, he voted to approve eight monthly bill lists that included payments to Highmark for his monthly insurance premiums. The parties haves stipulated that Dull realized a private pecuniary gain of $2,989.41 when he used the authority of his public position to facilitate his placement on the Township health insurance plan at Township expense, obtain receipt of Township provided health insurance without Board discussion or approval, when he participated in votes to approve payment of health insurance benefits, and when he failed to pay costs for the premiums. The parties are in agreement that Dull’s transgression of Section 1103(a) of the Ethics Act was unintentional. We are aware of the recent decision of the Supreme Court B. Dull, 10-028 Page 14 of Pennsylvania that in order to violate Section 1103(a) of the Ethics Act, a public official/public employee “must be consciously aware of a private pecuniary benefit for himself, his family, or his business, and then must take action in the form of one or more specific steps to attain that benefit.” Kistler v. State Ethics Commission, No. 59 MAP 2009, slip op. at 12 (Pa. June 22, 2011). Given that the parties have entered into a comprehensive Consent Agreement, and the parties are in agreement that an unintentional violation of Section 1103(a) as to the aforesaid private pecuniary benefit would be appropriate as part of an overall settlement of this case, we shall accept the parties’ proposed disposition. Accordingly, we hold that an unintentional violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Dull facilitated his placement on the Township health insurance plan at Township expense without Board discussion or approval and when he failed to pay costs of the premiums. Cf., Frazer, Order 1345. We further hold that an unintentional violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Dull’s failure to file SFIs for the 2005, 2006, 2007, 2008, and 2009 calendar years. As part of the Consent Agreement, Dull has agreed to make payment in the amount of $2,989.41 in settlement of this matter payable to North Versailles Township and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Dull has further agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Dull has agreed to file with the Township SFIs for calendar years 2005, 2006, 2007, 2008, and 2009, disclosing all required information as appropriate, within thirty (30) days of the issuance of the final adjudication in this matter and to forward copies of said forms to this Commission for compliance verification purposes. 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, Dull is directed to make payment in the amount $2,989.41 payable to North Versailles Township and forwarded to th 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, Dull is further directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Dull is directed to file with the Township SFIs for calendar years 2005, 2006, 2007, 2008, and 2009, disclosing all required th information as appropriate, by no later than the thirtieth (30) day after the mailing date of this adjudication and Order and to forward copies of said forms to this Commission for compliance verification purposes. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV.CONCLUSIONS OF LAW: B. Dull, 10-028 Page 15 1. As a Commissioner for North Versailles Township (“Township”) from January 3, 2006, to February 19, 2009, Respondent Bryan Dull (“Dull”) has been a public officialsubject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. 2. An unintentional violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Dull facilitated his placement on the Township health insurance plan at Township expense without discussion or approval by the Township Board of Commissioners and when he failed to pay costs of the premiums. 3. An unintentional violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Dull’s failure to file Statements of Financial Interests for the 2005, 2006, 2007, 2008, and 2009 calendar years. In Re: Bryan Dull, : File Docket: 10-028 Respondent : Date Decided: 6/23/11 : Date Mailed: 7/8/11 ORDER NO. 1587 1. An unintentional violation of Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), occurred when Bryan Dull (“Dull”), as a Commissioner for North Versailles Township (“Township”), facilitated his placement on the Township health insurance plan at Township expense without discussion or approval by the Township Board of Commissioners and when he failed to pay costs of the premiums. 2. An unintentional violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Dull’s failure to file Statements of Financial Interests (“SFIs”) for the 2005, 2006, 2007, 2008, and 2009 calendar years. 3. Per the Consent Agreement of the parties, Dull is directed to make payment in the amount of $2,989.41 payable to North Versailles Township and forwarded to the th Pennsylvania State Ethics Commission by no later than the thirtieth (30) day after the mailing date of this Order. 4. Per the Consent Agreement of the parties, Dull is further directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. To the extent he has not already done so, Dull is directed to file with the Township SFIs for calendar years 2005, 2006, 2007, 2008, and 2009, disclosing all required th information as appropriate, by no later than the thirtieth (30) day after the mailing date of this Order and to forward copies of said forms to the Pennsylvania State Ethics Commission for compliance verification purposes. 6. Compliance with Paragraphs 3, 4, and 5 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