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
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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
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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