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HomeMy WebLinkAbout1622 Robinson-Howell In Re: Deborah Robinson-Howell, : File Docket: 12-011 Respondent : X-ref: Order No. 1622 : Date Decided: 10/8/13 : Date Mailed: 10/11/13 Before: John J. Bolger, Chair Nicholas A. Colafella, Vice Chair Raquel K. Bergen Mark R. Corrigan Roger Nick Kathryn Streeter Lewis This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an “Investigative Complaint.” An Answer was filed. A Stipulation of Findings and a Consent Agreement 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 Deborah Robinson-Howell, a public official/public employee in her capacity as a Member of Yeadon Borough Council, Delaware County, violated Sections 1103(a) and 1105(b) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1105(b), when she used the authority of her public position to obtain a private pecuniary benefit for herself and/or members of her immediate family by using her position to receive payment from the Borough for the costs of private health insurance; when she subsequently participated in actions of Council to approve payments issued to her for private health care insurance costs; when she failed to disclose on a Statement of Financial Interests filed for the 2009 calendar year all direct/indirect sources of income; and when she failed to disclose on a Statement of Financial Interests filed for the 2011 calendar year real estate interests and creditors. II.FINDINGS: 1. Deborah Robinson-Howell has served as a Council Member for Yeadon Borough, Delaware County, from January 4, 2010, through the present. a. Robinson-Howell was elected to Council during the general municipal election held in November 2009. 2. Yeadon was incorporated as a Borough in Delaware County, Pennsylvania, on March 9, 1893. Robinson-Howell, 12-011 Page 2 a. According to the United States Census Bureau, the population of Yeadon Borough was 11,443 at the 2010 census. 3. Yeadon Borough is governed by a seven-Member Council and Mayor. a. Historically, Council will hold two (2) meetings each month. 1. Council holds workshop meetings on the first Thursday of each month. 2. Council holds legislative meetings on the third Thursday of each month. 3. Council holds special meetings as necessary. 4. Compensation to be received by Members of Borough Council is capped by the Borough Code, 53 P.S. § 45101 et seq. a. Borough Council Member compensation is determined by the Borough’s population. b. Specifically, the Borough Code reads: Members of council may receive compensation to be fixed by ordinance as follows: (1) In boroughs with a population of less than five thousand, a maximum of eighteen hundred seventy-five dollars ($ 1875) a year. (2) In boroughs with a population of five thousand or more but less than ten thousand, a maximum of two thousand five hundred dollars ($ 2500) a year. (3) In boroughs with a population of ten thousand or more but less than fifteen thousand, a maximum of three thousand two hundred fifty dollars ($ 3250) a year. (4) In boroughs with a population of fifteen thousand or more but less than twenty-five thousand, a maximum of four thousand one hundred twenty-five dollars ($ 4125) a year. (5) In boroughs with a population of twenty-five thousand or more but less than thirty-five thousand, a maximum of four thousand three hundred seventy-five dollars ($ 4375) a year. (6) In boroughs with a population of thirty-five thousand or more, a maximum of five thousand dollars ($ 5000) a year. The salaries shall be payable monthly or quarterly for the duties imposed by the provisions of this act. Benefits provided to members of council under section 1202(26) shall not be considered pay, salary or compensation, but payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 1202(26). Robinson-Howell, 12-011 Page 3 Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the member of council. 53 P.S. § 46001. 5. Council Members are compensated at a scale of $150.00 monthly ($1,800.00 annually) for their service. a. The population of Yeadon Borough is 11,443, which would make Council Members eligible to receive compensation of $3,250 per year. b. Attendance at the monthly Council meeting is not required in order for Council Members to receive compensation. c. Per the Borough Code (53 P.S. § 46001), Council Members of Yeadon Borough could be compensated a maximum of $3,250.00. 6. In addition to compensation allowed for by law, Members of Borough Council are eligible to participate in Borough-funded insurance programs. a. The pertinent portion of the Borough Code regarding Council Members’ participation in Borough-funded insurance plans is found at 53 P.S. § 46202 (26), which reads: (26) OTHER INSURANCE. (i) Workers’ compensation insurance. To appropriate an amount as may be necessary to secure insurance or compensation in accordance with Article VI of the act of June 2, 1915 (P.L. 736, No. 338), known as the “Workers’ Compensation Act,” for: (A) volunteer fire fighters of companies duly recognized by the borough, by motion or resolution, killed or injured while going to, returning from, or attending fires, or while performing their duties as special fire police; and (B) other borough employes as “employe” is defined in section 601 of the “Workers’ Compensation Act.” (ii) Life and health insurance. To make contracts of insurance with any insurance company, association or exchange, authorized to transact business in the Commonwealth, insuring borough employes, or any class or classes of employes, or mayor and council, or their dependents, under a policy or policies of insurance covering life, health, hospitalization, medical and surgical service or accident insurance. (iii) Pension contracts. To contract with an insurance company, granting annuities or pensions, for the pensioning of borough employes, or any class, or classes of employes, and to agree to pay part or all of the premiums or charges for carrying the contracts, and to appropriate moneys from the borough treasury for such purposes. (iv) Liability insurance. To make contracts with any insurance company, association or exchange, authorized to transact business in this Robinson-Howell, 12-011 Page 4 Commonwealth, insuring any public liability of the borough, and to appropriate moneys from the borough treasury for such purpose. (v) Nothing in this clause shall affect any contract, right or coverage of insurance vested or existing on the effective date of this clause. Contract, as used in this clause, includes an annuity contract, provided that the option to renew continues to provide the same rights to the annuitant that existed on the effective date of this clause. 53 P.S. § 46202(26) (emphasis added). 7. Yeadon Borough provides health insurance coverage for its employees through a policy managed by Independence Blue Cross. a. Participants in the Borough’s insurance plan pay no insurance premium. b. The Borough policy consists of two (2) groups: the Police policy group, and all other Borough employees. 1. The Borough’s Employee (non-police) group consists of no less than fourteen (14) members. 8. Upon amendment of the Borough Code in 2001, which amongst other provisions, allowed the participation of Council Members in a Borough-funded health insurance program, Yeadon Borough permitted elected officials to receive/participate in the same insurance benefit program that was otherwise provided to Borough employees. a. During calendar year 2010, only one Member of Council participated in the Borough’s health insurance plan. 9. In or around 2008, Council reviewed the Borough’s health insurance costs, and noted that the cost for Council Members’ health insurance was projected to exceed $64,000.00 for fiscal year 2009. a. Yeadon Borough Council adopted a budget for fiscal year 2008 at the end of calendar year 2007, that included a total of $22,762 for Borough-provided health insurance benefits. 1. Actual costs for health insurance benefits for the year 2007 were $29,521.84. b. The costs exceeded budgeted funds due to some Council Members participating in a family coverage plan. 10. As part of a cost-savings attempt, in 2008 Council directed Interim Borough Manager Paul Janssen to prepare a Resolution for Borough adaptation which limited/capped the costs of benefits provided to Yeadon Borough Council Members. a. All matters involving a financial expenditure with Yeadon Borough are first presented and reviewed by the Manager and Finance Director. 11. All Members of Council present at a meeting are to participate in voting on motions presented. a. The Mayor votes only in the case of a tie. Robinson-Howell, 12-011 Page 5 12. Council’s voting procedures on matters involving financial expenditures or accounts payable occur in roll call fashion. a. Votes on all other matters occur via a group “YES/NO” manner. b. All objections and/or abstentions are noted within the minutes. 13. On December 18, 2008, Yeadon Borough Council President Vivian Ford requested Council to consider a Resolution which would limit Council health insurance costs to less than $5,000.00. a. Meeting minutes for December 18, 2008, reflect the following: President Ford asked Council to receive and consider a resolution to restrict the compensation Borough Council members can receive as part of Borough paid health benefits to $5,000. Upon Motion of Vice President Byrne and Seconded by councilor McDonald the adoption of a resolution to restrict the compensation Borough Council members can receive as part of Borough paid health benefits to $5,000 was accepted unanimously by a vote of 6 to 0. b. Actual language of the approved Resolution No. 2008-12 reads, in pertinent part: NOW, THEREFORE, BE IT RESOLVED that the Yeadon Borough Council, Delaware County, Pennsylvania, hereby restricts the costs which Councilors and the Mayor may incur utilizing benefits as an elected official to $5,000 per TH RESOLVED AND ENACTED THIS 18 DAY OF official per year, and DECEMBER 2008. 14. Resolution No. 2008-12 does not authorize elected officials of Yeadon Borough to be reimbursed for their private insurance or insurance provided through an employer or other entity. 15. Yeadon Borough never enacted or established any type of policy that authorized elected officials to be reimbursed for their private insurance or insurance provided through an employer or other entity in lieu of enrolling/participating in a Borough- funded health insurance program. 16. Following the 2009 election, and in or around when Robinson-Howell was taking office, Robinson-Howell was approached by Interim Borough Manager Paul Janssen and asked if she wanted insurance benefits provided by the Borough, as delineated in the Borough Code, including the option of participating in the Borough’s health insurance program. 17. Robinson-Howell was advised by Janssen that if she had insurance expenses from her employer she could be reimbursed. a. Janssen informed Robinson-Howell that she (Robinson-Howell) could either participate in the Borough-funded health insurance plan or be reimbursed by the Borough for health insurance expenses, up to $5,000.00 annually. b. Robinson-Howell opted not to participate in the Borough-provided health insurance benefit plan offered to employees/elected officials. Robinson-Howell, 12-011 Page 6 1. Robinson-Howell was not an employee of Yeadon Borough. c. Robinson-Howell did seek to be reimbursed for costs associated with her employer-provided health insurance. 18. In a non-governmental capacity, Robinson-Howell has been employed as a Certified Nursing Assistant since at least 2008. a. In her position as a Certified Nursing Assistant, Robinson-Howell received as part of her compensation a salary and benefits. 1. Robinson-Howell incurred no additional expenses for her health insurance benefits through her employer, as they were provided to her by way of salary and benefits. b. Robinson-Howell’s insurance benefits were provided to her by her employer by way of payroll deductions. 1. Robinson-Howell’s biweekly pay reflected deductions for health insurance benefits. 19. The costs of Robinson-Howell’s insurance benefits, as deducted from her pay, totaled $104.24 biweekly (approximately $208.48 per month) and as of December 2009 were as follows: Medical/Rx, $80.95; Dental, $11.02; Vision, $3.62; D & D Insurance, $0.20; Short term Disability, $8.45; for a total biweekly deduction of $104.24. 20. Following her installment as a Borough Council Member in January 2010, Robinson-Howell provided Yeadon Borough officials copies of her payroll and employer-provided benefit information. a. Robinson-Howell provided an Insurance Benefits statement prepared by her employer identifying Robinson-Howell’s insurance coverage to Interim Borough Manager Paul Janssen. b. Robinson-Howell provided Janssen the Benefits Enrollment Statement in order to secure reimbursement from Yeadon Borough for the costs associated with Robinson-Howell’s employer-provided health insurance. 21. Interim Borough Manager Janssen reviewed the information provided by Robinson- Howell and initiated monthly payments to Robinson-Howell in the amount of $208.48. a. Robinson-Howell’s monthly employer-provided health insurance expenses totaled $208.48. 22. Payments for health insurance reimbursements were placed on monthly accounts payable lists for Council approval at a regular meeting of Council. a. Council receives accounts payable lists prior to monthly meetings in meeting packets. b. Accounts payable lists represent expenditures not yet paid by the Borough. Robinson-Howell, 12-011 Page 7 23. From January 22, 2010, to May 20, 2011, Robinson-Howell received 17 checks representing payment from Yeadon Borough for reimbursement of her insurance benefits provided to her by her employer. 24. On twelve (12) occasions from March 18, 2010, to June 16, 2011, Robinson-Howell, as a Yeadon Borough Council Member, voted to approve the accounts payable list that included monthly payments made to her in the amount of $208.48 for the reimbursement of employer-provided insurance benefits at Yeadon Borough Council regular legislative meetings. a. No minutes for regular legislative meetings were on file with the Borough Manager, Custodian of Records at Yeadon Borough for the months of February, June and July of 2010. b. At Yeadon Borough Council’s regular legislative meetings on April 21, 2011, and May 19, 2011, separate motions were made to approve the reimbursements for each Council Member, including Robinson-Howell, in which Robinson-Howell abstained from voting. 25. Robinson-Howell continued to receive “reimbursement” payments on a monthly basis, as a result of Borough Council actions approving the accounts payable lists at the monthly meetings. a. Beginning on April 21, 2011, Yeadon Borough Council initiated the practice of approving separate motions regarding the voting to approve reimbursement of employer-provided insurance benefits, in order to allow the affected Councilperson to abstain from voting. 1. Robinson-Howell abstained from voting to approve Borough payments issued to her during/after the April 21, 2011, Yeadon Borough Council meeting. 26. Concerns were raised by citizens of Yeadon Borough regarding the appropriateness of Council Members being reimbursed for employer-provided health insurance … [Redacted due to confidentiality requirements of the Ethics Act.] 27. [Redacted due to confidentiality requirements of the Ethics Act.] 28. Following the questions being raised regarding Yeadon Borough providing employer health costs reimbursement to its Council Members, Council enacted Resolution No. 2011-09, on July 21, 2011, restricting the value of the reimbursement, which read in part: NOW THEREFORE BE IT RESOLVED , effective for the Calendar year of 2011 and going forward, the Yeadon Borough Council shall restrict the value of the health insurance, accident insurance, and life insurance benefits per official per year to an amount not to exceed the single rate (no children) premium of the health insurance ST RESOLVED THIS 21 DAY OF plan provided to non-union Borough employees. JULY 2011. a. Resolution No. 2011-09 regarding health care costs for Council Members and the Mayor was approved at the regular legislative meeting on July 21, 2011, by a 6-0 vote in which Robinson-Howell participated. Robinson-Howell, 12-011 Page 8 29. Following the enactment of Resolution No. 2011-09, Robinson-Howell opted not to be included as part of the Yeadon Borough insurance plan available to officials and employees of the Borough. a. Robinson-Howell did not continue to collect the $208.48 monthly “reimbursement” from the Borough following the enactment of Resolution No. 2011-09 on July 21, 2011. 30. [Redacted due to confidentiality requirements of the Ethics Act.] 31. Robinson-Howell realized a private pecuniary benefit in her capacity as a Yeadon Borough Council Member, as a result of being reimbursed by Yeadon Borough for insurance benefits that were provided to Robinson-Howell through her employer. a. Robinson-Howell opted not to participate in the health insurance plan offered by the Borough. b. Robinson-Howell provided an Annual Benefits Enrollment Statement, issued to her by her employer, to Interim Borough Manager Janssen with the intent of being reimbursed by Yeadon Borough for her employer-provided health insurance costs. c. Robinson-Howell, as a Yeadon Borough Council Member, approved the accounts payable list that included payments made to her, representing insurance reimbursement. The following findings relate to Robinson-Howell failing to disclose on her Statement of Financial Interests filed for the 2009 calendar year all direct/indirect sources of income and failing to disclose on a Statement of Financial Interests filed for the 2011 calendar year real estate interest and creditors. 32. Pursuant to the Statement of Financial Interests filing requirements for public officials and public employees of Section 1104 of the State Ethics Act, Robinson- Howell was required to file an accurate and complete Statement of Financial st Interests (“SFI”) by May 1 annually, in her capacity as a Yeadon Borough Council Member. 33. Within Robinson-Howell’s filed 2009 calendar year SFI, Robinson-Howell neglected to list income in excess of $1,300.00 under Block #10 “Direct or Indirect Sources of Income,” from her employment with UPHS and Yeadon Borough. 34. Within Robinson-Howell’s filed 2011 calendar year SFI, Robinson-Howell neglected to complete Blocks #8 “Real Estate Interests”; #9 “Creditors”; and #15 “Business Interests Transferred to Immediate Family Member.” III.DISCUSSION: As a Council Member for Yeadon Borough (“Borough”), Delaware County, from January 4, 2010, through the present, Respondent Deborah Robinson-Howell, also referred to hereinafter as “Respondent,” “Respondent Robinson-Howell,” and “Robinson- Howell,” 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. The allegations are that Robinson-Howell violated Sections 1103(a) and 1105(b) of the Ethics Act: (1) when she used the authority of her public position to obtain a private pecuniary benefit for herself and/or members of her immediate family by using her position to receive payment from the Borough for the costs of private health insurance; (2) when Robinson-Howell, 12-011 Page 9 she subsequently participated in actions of Council to approve payments issued to her for private health care insurance costs; (3) when she failed to disclose on a Statement of Financial Interests (“SFI”) filed for the 2009 calendar year all direct/indirect sources of income; and (4) when she failed to disclose on an SFI filed for the 2011 calendar year real estate interests and creditors. 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 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Section 1105(b)(3) of the Ethics Act requires the filer to disclose on the SFI any direct or indirect interest in any real estate which was sold or leased to or purchased or leased from the Commonwealth, any of its agencies or political subdivisions, or which was the subject of any condemnation proceedings by the Commonwealth or any of its agencies or political subdivisions. Subject to certain statutory exceptions, Section 1105(b)(4) of the Ethics Act requires the filer to disclose on the SFI the name and address of each creditor to whom is owed in excess of $6,500 and the interest rate thereon. Robinson-Howell, 12-011 Page 10 Subject to certain statutory exceptions not applicable to this matter, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. The Borough is governed by a seven-Member Council and a Mayor. Robinson- Howell was elected to Borough Council during the general municipal election held in November 2009, and she has served as a Member of Borough Council from January 4, 2010, through the present. Borough Council Members are compensated $1,800.00 annually for their service and are not required to be in attendance at monthly meetings in order to receive such compensation. With respect to insurance coverage for members of a borough council, the Borough Code authorizes a borough to “make contracts of insurance with any insurance company, association or exchange, authorized to transact business in the Commonwealth, insuring borough employes, or any class or classes of employes, or mayor and council, or their dependents, under a policy or policies of insurance covering life, health, hospitalization, medical and surgical service or accident insurance.” 53 P.S. § 46202(26)(ii). After the Borough Code was amended in 2001 to allow the participation of borough council members in a borough-funded health insurance program, the Borough permitted elected officials to receive/participate in the same insurance benefit program provided to Borough employees. The Borough provides health insurance coverage for its employees through a policy managed by Independence Blue Cross. Participants in the Borough’s insurance plan pay no insurance premium. In or around 2008, Borough Council reviewed the Borough’s health insurance costs and noted that the cost for Council Members’ health insurance was projected to exceed $64,000.00 for fiscal year 2009. As part of a cost-savings attempt, Borough Council directed Interim Borough Manager Paul Janssen (“Janssen”) to prepare a Resolution which limited/capped the costs of benefits provided to Borough Council Members. On December 18, 2008, Borough Council adopted Resolution No. 2008-12, which restricted the cost of Borough-paid health benefits for Borough Council Members and the Mayor to $5,000 per elected official per year. Resolution No. 2008-12 does not authorize elected officials of the Borough to be reimbursed for their private insurance or insurance provided through an employer or other entity, and the Borough never enacted or established any type of policy that authorized elected officials to be reimbursed for their private insurance or insurance provided through an employer or other entity in lieu of enrolling/participating in a Borough-funded health insurance program. In a non-governmental capacity, Robinson-Howell has been employed as a Certified Nursing Assistant since at least 2008. In her position as a Certified Nursing Assistant, Robinson-Howell received as part of her compensation insurance benefits that were provided to her by way of payroll deductions. As of December 2009, the costs of Robinson-Howell’s insurance benefits as deducted from her pay totaled approximately $208.48 per month. In or around when Robinson-Howell was taking office following the 2009 election, Janssen approached Robinson-Howell and asked her if she wanted insurance benefits provided by the Borough as delineated in the Borough Code. Janssen informed Robinson- Howell that she could either participate in the Borough-funded health insurance plan or be reimbursed by the Borough up to $5,000.00 annually for health insurance expenses. Robinson-Howell, 12-011 Page 11 Janssen advised Robinson-Howell that she could be reimbursed if she had insurance expenses from her employer. Robinson-Howell opted not to participate in the Borough-provided health insurance plan and sought to be reimbursed for costs associated with her employer-provided health insurance. Following her installment as a Borough Council Member in January 2010, Robinson-Howell provided copies of her payroll and employer-provided benefit information to Borough officials in order to secure reimbursement from the Borough for the costs associated with her employer-provided health insurance. Janssen reviewed the information provided by Robinson-Howell and initiated monthly payments to her in the amount of $208.48. Payments for health insurance reimbursements were placed on monthly accounts payable lists for Borough Council approval at regular Council meetings. The accounts payable lists represent expenditures not yet paid by the Borough. From January 22, 2010, to May 20, 2011, Robinson-Howell received seventeen checks from the Borough that represented reimbursement for her employer-provided insurance benefits. On twelve occasions from March 18, 2010, to June 16, 2011, Robinson-Howell voted at regular legislative Borough Council meetings to approve accounts payable lists that included monthly payments to her in the amount of $208.48 as reimbursement for her employer-provided insurance benefits. Concerns were raised by Borough citizens regarding the appropriateness of Council Members being reimbursed for employer-provided health insurance, and on July 21, 2011, Borough Council enacted Resolution No. 2011-09, which restricted the yearly value of insurance benefits for Borough officials. Following the enactment of Resolution No. 2011- 09, Robinson-Howell opted not to be included as part of the Borough insurance plan available to Borough officials and employees, and she discontinued collecting the $208.48 monthly reimbursement payment from the Borough. The parties have stipulated that Robinson-Howell realized a private pecuniary benefit in her capacity as a Borough Council Member as a result of being reimbursed by the Borough for insurance benefits that were provided to her through her employer. As a Borough Council Member, Robinson-Howell is required to annually file a complete and accurate SFI by May 1. On her SFI for calendar year 2009, Robinson- Howell neglected to list income in excess of $1,300.00 from the Borough and from her employment with UPHS. On her SFI for calendar year 2011, Robinson-Howell neglected to complete Block number 8 (“Real Estate Interests”), Block number 9 (“Creditors”), and Block Number 15 (“Business Interests Transferred to Immediate Family Member”). 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 Robinson- Howell’s receipt of payment from the Borough for the costs of private health insurance; and when she subsequently participated in actions of Robinson-Howell, 12-011 Page 12 Council to approve payments issued to her for private health care insurance costs. b. That a violation of Section 1105(b) [of the Ethics Act] occurred when Robinson-Howell failed to disclose on a Statement of Financial Interests filed for the 2009 calendar year all direct/indirect sources of income; and when she failed to complete sections dealing with real estate interests and creditors on a Statement of Financial Interests filed for the 2011 calendar year. 4. Robinson-Howell agrees to make payment in the amount of $1,490.05 in settlement of this matter payable to the Yeadon Borough and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Robinson-Howell agrees to file complete and accurate Statements of Financial Interests with Yeadon Borough through the Pennsylvania State Ethics Commission for 2009 and 2011 calendar years within thirty (30) days of the issuance of the final adjudication in this matter. 6. Robinson-Howell agrees to not accept any reimbursement, compensation or other payment from Yeadon Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 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 of the parties, we accept the recommendation of the parties for a finding that a violation of Section 1103(a) of Ethics Act occurred in relation to Robinson-Howell’s receipt of payment from the Borough for the costs of private health insurance; and when she subsequently participated in actions of Council to approve payments issued to her for private health care insurance costs. But for being a Borough Council Member, Robinson-Howell would not have been in a position to provide copies of her payroll and employer-provided benefit information to Borough officials in order to secure reimbursement from the Borough for the costs associated with Robinson-Howell’s employer-provided health insurance. Robinson-Howell used the authority of her public position as a Borough Council Member when on twelve occasions she voted to approve accounts payable lists that included monthly payments to her in the amount of $208.48 as reimbursement for her employer-provided insurance benefits. The parties have stipulated that Robinson-Howell realized a private pecuniary benefit in her capacity as a Borough Council Member as a result of being reimbursed by Robinson-Howell, 12-011 Page 13 the Borough for insurance benefits that were provided to her through her employer. From January 22, 2010, to May 20, 2011, Robinson-Howell received seventeen such checks from the Borough that represented reimbursement for her employer-provided insurance benefits. Based upon the Stipulated Findings and the Consent Agreement, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Robinson-Howell’s receipt of payment from the Borough for the costs of private health insurance; and when she subsequently participated in actions of Council to approve payments issued to her for private health care insurance costs. As for the allegations regarding Robinson-Howell’s SFIs, we hold that Robinson- Howell violated Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), when she failed to disclose on an SFI filed for the 2009 calendar year all direct/indirect sources of income; and when she failed to complete sections dealing with real estate interests and creditors on an SFI filed for the 2011 calendar year. As part of the Consent Agreement, Robinson-Howell has agreed to make payment in the amount of $1,490.05 payable to Yeadon Borough and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Robinson-Howell has agreed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Robinson-Howell has further agreed to file complete and accurate SFIs for the 2009 and 2011 calendar years with the Borough, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth 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, Robinson-Howell is directed to make payment in the amount of $1490.05 payable to Yeadon Borough 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, Robinson-Howell is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Robinson-Howell is directed to file complete and accurate SFIs for the 2009 and 2011 calendar years with the Borough, through this Commission, by no later than the th 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 Council Member for Yeadon Borough (“Borough”), Delaware County, from January 4, 2010, through the present, Respondent Deborah Robinson-Howell (“Robinson-Howell”) 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. Robinson-Howell, 12-011 Page 14 2. Robinson-Howell violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her receipt of payment from the Borough for the costs of private health insurance; and when she subsequently participated in actions of Council to approve payments issued to her for private health care insurance costs. 3. Robinson-Howell violated Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), when she failed to disclose on an SFI filed for the 2009 calendar year all direct/indirect sources of income; and when she failed to complete sections dealing with real estate interests and creditors on an SFI filed for the 2011 calendar year. In Re: Deborah Robinson-Howell, : File Docket: 12-011 Respondent : Date Decided: 10/8/13 : Date Mailed: 10/11/13 ORDER NO. 1622 1. As a Council Member for Yeadon Borough (“Borough”), Delaware County, Deborah Robinson-Howell (“Robinson-Howell”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in relation to her receipt of payment from the Borough for the costs of private health insurance; and when she subsequently participated in actions of Council to approve payments issued to her for private health care insurance costs. 2. Robinson-Howell violated Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), when she failed to disclose on a Statement of Financial Interests (“SFI”) filed for the 2009 calendar year all direct/indirect sources of income; and when she failed to complete sections dealing with real estate interests and creditors on an SFI filed for the 2011 calendar year. 3. Per the Consent Agreement of the parties, Robinson-Howell is directed to make payment in the amount of $1,490.05 payable to Yeadon Borough and forwarded to th the 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, Robinson-Howell is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. Robinson-Howell is directed to file complete and accurate SFIs for the 2009 and 2011 calendar years with the Borough, through the Pennsylvania State Ethics th Commission, by no later than the thirtieth (30) day after the mailing date of this Order. 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, ___________________________ John J. Bolger, Chair