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HomeMy WebLinkAbout1635 Broadwater In Re: Barbara Broadwater, : File Docket: 13-016 Respondent : X-ref: Order No. 1635 : Date Decided: 4/24/14 : Date Mailed: 5/8/14 Before: John J. Bolger, Chair Nicholas A. Colafella, Vice Chair Raquel K. Bergen Mark R. Corrigan Roger Nick Kathryn Streeter Lewis Maria Feeley 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 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 Barbara Broadwater, a public official/public employee in her capacity as a Member of Homestead Borough Council, Allegheny County, violated Sections 1103(a), 1104(a), and 1104(d) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 1104(a), and 1104(d), when she used the authority of her public position to obtain a private pecuniary benefit for a member of her immediate family by using her position to nominate and vote in favor of the appointment of her sister, Wanda Burwell, to fill a vacancy on Homestead Borough Council, from which Burwell received compensation; and when Broadwater failed to file a 2012 calendar year Statement of Financial Interests in association with her public position. II.FINDINGS: 1. Barbara Broadwater has served as an elected Council Member for Homestead Borough, Allegheny County, from January 2011 to the present. a. Broadwater has been Vice President of Council since January 2011. 2. A seven-Member Council governs the Borough. a. Council holds one workshop meeting per month on the Monday before the legislative meeting. Broadwater, 13-016 Page 2 b. Council holds one legislative meeting per month at 7:00 p.m. on the second Thursday of the month. 1. Council routinely holds a meeting an hour before the start of each legislative meeting to discuss the topics identified on the meeting agenda. 2. The Borough Solicitor and the Borough Manager routinely attend the agenda meeting discussions held prior to the start of each legislative meeting. c. Special meetings are held as necessary. 3. Council Members are authorized to receive $62.50 (gross) per meeting for their service on Council. a. Council Members are compensated the $62.50 (gross) for their attendance at each workshop meeting and legislative meeting. b. Attendance is required for both meetings in order to receive the stipend. c. The meeting pay is issued to the Council Members from the Borough Payroll Account maintained at Citizens Bank. 1. Council Members must be present in order to receive the payment. 4. Minutes of the Borough Council meetings are generated by Borough Manager Ian McMeans. a. Audio recordings and McMeans’ notes are utilized to assist with the generation of the meeting minutes. b. Council votes to approve the accuracy of the minutes at each legislative meeting. 5. Council is provided with a meeting packet for review on the Friday before each scheduled workshop meeting. a. Information contained within the meeting packet includes agendas, correspondence, etc. b. The meeting packets are hand-delivered to Council. 6. Council votes to approve the bill lists presented at each legislative meeting. a. The bill lists document all the bills received by the Borough for payment since the last legislative meeting. 7. Voting at Council meetings occurs in a roll call fashion after a motion is made and seconded. a. All objections and/or abstentions cast are noted in the minutes. 1. Council does not utilize abstention forms to memorialize abstentions. Broadwater, 13-016 Page 3 8. Signature authority over the Borough financial accounts rests with the Council President, Vice President, and Borough Manager. a. Borough payroll checks require \[the signature of\] one of the three authorized signatories. 1. Payroll checks are normally signed by the Council President or the Borough Manager. b. The Borough does not utilize a signature stamp. 9. On Tuesday, September 25, 2012, Council Member Ron Blount passed away unexpectedly. a. Blount’s term was to expire on December 31, 2013. 10. Article XI, Section 901 of the Borough Code required the Borough to fill the vacancy within thirty days. a. The appointment to fill the vacancy must be completed by a Resolution of Council. 11. McMeans telephoned Council Members (including Broadwater) to advise Council of Blount’s passing and to determine how Council wanted to proceed in filling the vacancy on Council. a. Council (including Broadwater) authorized McMeans to advertise the vacancy. 12. On October 4, 2012, an advertisement soliciting interest in the vacancy on Council was published in the Daily News. a. The advertisement stated as follows: Official Borough of Homestead Notice of Open Seat The Borough of Homestead is currently collecting applications from interested residents for the following position: BOROUGH COUNCIL MEMBER from the 1st Ward. Applicants must live in the 1st Ward of the Borough of Homestead. Letters of interest will be collected for the position until Noon on October 11, 2012 at the Homestead Municipal Building, 221 East 7th Avenue, Homestead, PA 15120. Anyone with questions about the position may call the Borough Office at 412-461-1340. Ian McMeans Borough Manager 13. Between September 26, 2012, and October 11, 2012, four Borough residents from st the 1 Ward submitted letters of interest and/or resumes to the Borough regarding the vacancy on Council. a. The four Borough residents were: Name of Resident Interest Submitted in Date of Letter/Resume Form of Samuel Rizzardo Letter of Interest September 2012 Lynette Mariner Letter of Interest October 3, 2012 Stacy Tunie-Edmonds Letter of Interest/Resume October 4, 2012 Wanda Burwell Resume Document undated, stamped received Broadwater, 13-016 Page 4 Name of Resident Interest Submitted in Date of Letter/Resume Form of October 5, 2012 14. Wanda Burwell is the sister of Council Member Barbara Broadwater. a. Burwell had previously served a four-year term as a Borough Council Member in the early 1990s. 15. The letters of interest and/or resumes for all four applicants were included in the meeting packets that were created and distributed to Council on Friday, October 5, 2012. a. The Solicitor’s copy of the meeting packet was mailed and received by October 8, 2012. 16. At the October 8, 2012, workshop meeting, McMeans reported to Council of the letters of interest/resumes received from applicants interested in filling the vacancy on Council. a. McMeans advised that the letters of interest/resumes were included in the October 5, 2012, meeting packets. 1. The resume of Wanda Burwell was included in the meeting packet provided to each Member of Council, including Barbara Broadwater. b. McMeans requested that Council review the letters of interest/resumes and come prepared to appoint an applicant to Council at the October 11, 2012, meeting. c. No further discussion occurred at the workshop meeting related to the appointment. 17. On Thursday, October 11, 2012, at approximately six o’clock, a meeting to discuss the topics identified on the meeting agenda was held prior to the start of the legislative meeting. a. Council Members present during the agenda meeting discussion were Broadwater, Zaneta Hines, Donald Turner, Susan Titmus, Lloyd Cunningham, and Drew Borcik. 1. Solicitor Joe Heminger and Borough Manager McMeans were also present. 18. One of the topics addressed by Council during the discussion meeting was the selection of an applicant to fill the vacancy on Council. a. Broadwater advocated that her sister should be considered for the appointment. b. Broadwater asserted that her sister had the skills/qualifications to be a Council Member. 1. Broadwater cited her sister’s former experience as a Council Member as a qualification for the vacant position. Broadwater, 13-016 Page 5 c. Broadwater stated to Council that she intended to nominate and vote for her sister to fill the vacancy on Council. 19. Subsequent to Broadwater’s endorsement of her sister, Solicitor Heminger informed Broadwater that voting for her sister could be a potential conflict of interest. a. Heminger did not direct Broadwater to abstain from the vote related to the appointment. b. Heminger did not make any statements in regards to how Broadwater’s actions may violate the Ethics Act. c. Broadwater responded to Heminger’s comments by stating that he (Heminger) was attempting to prevent Broadwater from exercising her right to vote. 20. No decision was made by Council as to who should fill the vacancy at the conclusion of the agenda meeting discussion. 21. The first motion of the October 11, 2012, legislative meeting was to accept nominations for the vacancy on Council. a. President of Council Zaneta Hines called on Broadwater to make the first nomination. b. Broadwater nominated her sister to fill the vacant seat on Council. c. Additional nominations were made by Council Members Cunningham and Borcik. 1. Cunningham nominated Lynette Mariner. 2. Borcik nominated Sam Rizzardo. 22. Burwell was the first applicant to be considered by Council to fill the vacancy as a result of being the first nominee for the position. a. Council Member Hines motioned for Burwell to fill the vacancy on Council. 1. Broadwater seconded Hines’ motion. b. The motion passed 4-2 with Broadwater, Hines, Turner, and Titmus voting aye. 1. Cunningham and Borcik voted nay. c. No votes were taken for the other nominees due to Burwell receiving a majority vote. 23. Burwell began her service on Council immediately following her successful appointment. a. Burwell’s appointed term concluded on December 31, 2013. 24. Burwell was issued \[fourteen\] Borough checks totaling $1,750.00 (gross) from November 2012 to December 2013 for her service as a Council Member, as shown below: Broadwater, 13-016 Page 6 Check No. Check Date Check Amount Check Amount (Net) (Gross) 8681 11-21-12 $92.85 $125.00 8739 12-21-12 $92.85 $125.00 8794 01-18-13 $90.35 $125.00 8850 02-15-13 $90.35 $125.00 8901 03-15-13 $110.35 $125.00 8976 04-26-13 $110.35 $125.00 8042 05-24-13 $110.35 $125.00 8100 06-21-13 $110.35 $125.00 8145 07-19-13 $110.35 $125.00 8192 08-16-13 $110.35 $125.00 8278 09-27-13 $110.35 $125.00 8327 10-25-13 $84.18 $125.00 8388 11-22-13 $110.35 $125.00 8482 12-20-13 $110.35 $125.00 Total: $1,443.73 Total: $1,750.00 a. Borough checks issued to Burwell were issued from the Borough’s Payroll Account (account # \[account number redacted\]) maintained at Citizens Bank. b. Burwell was not compensated for her attendance at the October 11, 2012, meeting. 25. Burwell maintains a personal checking account …. a. Burwell cashed and/or deposited the Borough-issued payments to her \[personal checking account\]. THE FOLLOWING FINDINGS RELATE TO BROADWATER’S FAILURE TO FILE A STATEMENT OF FINANCIAL INTERESTS FORM FOR CALENDAR YEAR 2012 IN ASSOCIATION WITH HER PUBLIC POSITION. 26. Broadwater, in her official capacity as a Council Member for Homestead Borough, is required to file a Statement of Financial Interests form by May 1 annually containing information for the prior calendar year. a. Homestead Borough Council Members have annually been provided with blank Statement of Financial Interests forms by the State Ethics Commission to complete and file with the Borough. 27. Statements of Financial Interests on file with the Borough as of August 6, 2013, included the following filings for Broadwater: a. Date: 1-31-12 on SEC 01/12 Public Office: None Political Subdivision: None Occupation: Retired Year: 2011 th Real Estate: 303 W. 13 Ave., Homestead, PA 15120; th 130 E. 15 Ave., Homestead, PA 15120 Broadwater, 13-016 Page 7 Creditors: None Direct/Indirect Income: Borough of Homestead State Employer Pension th Rental Income 130 E. 15 Ave., Homestead, PA 15120; 300 Liberty Ave. PGH., PA 15222 Social Security Income Gifts: None Transportation: None Employment in any Business: None Financial Interest in Business for Profit: None Business Interests Transferred to Family: None b. No Statement of Financial Interests form was on file with the Borough for the 2012 calendar year. 28. Broadwater failed to file a Statement of Financial Interests form for calendar year 2012 by May 1, 2013. 29. On or about October 28, 2013, subsequent to her receipt of the Notice of Investigation from the Investigative Division, Broadwater filed a Statement of Financial Interests for the 2012 calendar year with Homestead Borough. a. The form did not disclose Broadwater’s public position (block number 4) or political subdivision (block number 5). 30. Broadwater was interviewed by State Ethics Commission Investigators on February 11, 2014, during which she averred in part: a. David Voye, Head of Elections, Allegheny County, advised her that it would not be inappropriate for her to take official actions to support her sister’s bid for Councilwoman. 1. Voye indicated that it would not be inappropriate due to the fact that her sister was seeking a vacancy on Council in a Borough Ward that was not the same as Broadwater’s. st aa. Burwell was seeking a vacancy for the 1 Ward; Broadwater rd represents the 3 Ward. b. Broadwater voiced her support of her sister’s bid for Councilwoman during the Council discussion that was held immediately prior to the start of the October 11, 2012, meeting. 1. During the discussion meeting, Broadwater was advised by the Borough Solicitor that she should not vote for her sister to fill the vacancy on Council. Broadwater, 13-016 Page 8 2. Broadwater asked the Solicitor to show her, in writing, the law that states that she should not vote for her sister. aa. Broadwater asked the Solicitor to show her something in writing due to the fact that she felt that she had been given inaccurate advice regarding a prior Borough matter which made her cautious of following any subsequent advice provided by the Solicitor. 3. The Solicitor did not produce any documentation to fulfill Broadwater’s request. c. During the October 11, 2012, meeting, Broadwater nominated and voted for her sister to fill the vacancy on Council. 1. She nominated and voted for her sister to fill the vacancy on Council based upon the advice she received from Voye. d. After the votes for Broadwater’s sister were tallied, it was determined that Broadwater’s sister had enough votes to fill the vacancy on Council absent Broadwater’s favorable vote. 1. The Solicitor asked Broadwater if she would like to rescind her vote. 2. Broadwater stated that she did not wish to do so. e. Broadwater submitted an amended Statement of Financial Interests form for calendar year 2012 to the Borough subsequent to receiving notice from the Investigative Division that she had failed to file said form. 31. Broadwater’s use of the authority of her public position resulted in her sister, Wanda Burwell, being appointed to a compensated position on Homestead Borough Council. a. Broadwater nominated her sister for the position, seconded the \[motion for her sister to fill the vacancy on Council\], and voted for the appointment. b. Broadwater participated in the action after being advised by the Borough Solicitor that her participation could result in a conflict of interest. 32. Broadwater’s sister, Wanda Burwell, realized a financial gain of $1,750.00 when Broadwater utilized her position as a Council Member for Homestead Borough to participate in discussions and actions of Council that resulted in the appointment of Burwell to Council from October 2012 to December 2013, as shown below: Description Gain Amount paid by the Borough to Wanda Burwell for serving $1,750.00 as an appointed Council Member from October 2012 to December 2013 Total: $1,750.00 III.DISCUSSION: As a Council Member for Homestead Borough (“Borough”), Allegheny County, from January 2011 to the present, Respondent Barbara Broadwater, also referred to hereinafter as “Respondent, “Respondent Broadwater,” and “Broadwater,” 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. Broadwater, 13-016 Page 9 The allegations are that Broadwater violated Sections 1103(a), 1104(a), and 1104(d) of the Ethics Act: (1) when she used the authority of her public position to obtain a private pecuniary benefit for a member of her immediate family by using her position to nominate and vote in favor of the appointment of her sister, Wanda Burwell, to fill a vacancy on Borough Council, from which Burwell received compensation; and (2) when she failed to file a 2012 calendar year Statement of Financial Interests (“SFI”) in association with her public position. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to opt to not further pursue (that is, nol pros) the alleged violation of Section 1104(d) of the Ethics Act. Based upon the nol pros, we need not address the Section 1104(d) allegation that is no longer before us. 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). Section 1103(a) of the Ethics Act prohibits a public official/public employee from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. The Borough is governed by a seven-Member Council. Broadwater has served as a Member and Vice President of Borough Council from January 2011 to the present. Borough Council holds one workshop meeting per month and one legislative meeting per month. Borough Council Members are authorized to receive meeting pay in the amount of $62.50 (gross) per meeting for their attendance at each workshop meeting and legislative meeting. Both meetings must be attended in order to receive meeting pay. On September 25, 2012, Borough Council Member Ron Blount (“Blount”) passed away unexpectedly. Blount’s term was to expire on December 31, 2013. The Borough Code required the Borough to fill the vacancy on Borough Council within thirty days by an appointment made through a resolution of Borough Council. After being advised of Blount’s passing, Borough Council, including Broadwater, authorized Borough Manager Ian McMeans (“Borough Manager McMeans”) to advertise the vacancy on Borough Council. On October 4, 2012, an advertisement regarding the vacancy was published in the Daily News. The advertisement solicited letters of interest st from residents for the position of Borough Council Member from the 1 Ward. Between st September 26, 2012, and October 5, 2012, four Borough residents from the 1 Ward, Broadwater, 13-016 Page 10 including Broadwater’s sister, Wanda Burwell (also referred to herein as “Burwell”), submitted letters of interest/resumes to the Borough regarding the vacancy on Borough Council. Burwell had served a four-year term as a Borough Council Member in the early 1990s. At Borough Council’s October 8, 2012, workshop meeting, Borough Manager McMeans advised Borough Council that the letters of interest/resumes which had been received from applicants interested in filling the vacancy on Borough Council were included in each Borough Council Member’s meeting packet. The resume of Broadwater’s sister was included in the meeting packets. Borough Manager McMeans requested that Borough Council review the letters of interest/resumes and come prepared to appoint an applicant to fill the vacancy at Borough Council’s October 11, 2012, legislative meeting. On October 11, 2012, Borough Council held a meeting prior to the start of the legislative meeting in order to discuss the topics identified on the legislative meeting agenda. Six Borough Council Members, including Broadwater, as well as Borough Manager McMeans and the Borough Solicitor, Joe Heminger (“Solicitor Heminger”), were present for the agenda discussion meeting. The selection of an applicant to fill the vacancy on Borough Council was one of the topics addressed during the agenda discussion meeting. Broadwater advocated that her sister should be considered for the vacancy on Borough Council, citing her sister’s former experience as a Borough Council Member as a qualification for the vacant position. Broadwater stated that she intended to nominate and vote for her sister to fill the vacancy. Subsequent to Broadwater’s endorsement of her sister, Solicitor Heminger informed Broadwater that voting for her sister could be a potential conflict of interest. Solicitor Heminger did not direct Broadwater to abstain from the vote related to the vacancy, and he did not make any statements with regard to how Broadwater’s actions might violate the Ethics Act. Broadwater responded to Solicitor Heminger’s comments by stating that he was attempting to prevent Broadwater from exercising her right to vote. Borough Council did not make a decision at the conclusion of the agenda discussion meeting as to who should fill the vacancy. The first motion of Borough Council’s October 11, 2012, legislative meeting was to accept nominations for the vacancy on Borough Council. The Borough Council President called on Broadwater to make the first nomination, and Broadwater nominated her sister to fill the vacancy. Two additional applicants for the vacancy were nominated by other Borough Council Members. Broadwater’s sister was the first applicant to be considered to fill the vacancy on Borough Council as a result of being the first nominee for the vacancy. Broadwater seconded a motion made by the Borough Council President for Broadwater’s sister to fill the vacancy on Borough Council, and the motion passed by a vote of 4 to 2, with Broadwater voting in favor of the motion. No votes were taken for the other nominees due to Broadwater’s sister receiving a majority vote of Borough Council. After the votes for Broadwater’s sister were tallied, it was determined that Broadwater’s sister had enough votes to fill the vacancy absent Broadwater’s favorable vote. When Solicitor Heminger asked Broadwater if she would like to rescind her vote, she stated that she did not wish to do so. Broadwater’s sister began serving on Borough Council immediately following her appointment to Borough Council. The term for which Broadwater’s sister was appointed to Borough Council concluded on December 31, 2013. Broadwater’s sister was issued fourteen Borough checks totaling $1,750.00 (gross) from November 2012 to December 2013 for serving as a Borough Council Member. The parties have stipulated that Broadwater’s sister realized a financial gain of $1,750.00 when Broadwater utilized her position as a Borough Council Member to participate in discussions and actions of Broadwater, 13-016 Page 11 Borough Council that resulted in the appointment of Broadwater’s sister to Borough Council from October 2012 to December 2013. As a Borough Council Member, Broadwater is required to annually file an SFI by May 1 disclosing financial information for the prior calendar year. As of August 6, 2013, Broadwater had no SFI for calendar year 2012 on file with the Borough. After receiving a Notice of Investigation from the Investigative Division, Broadwater filed an SFI for calendar year 2012 with the Borough on or about October 28, 2013. The SFI filed by Broadwater did not disclose her public position or the political subdivision in which she holds her public position. 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 Broadwater using her position as a Member of Homestead Borough \[Council\] to nominate and subsequently vote in favor of the appointment of her sister, Wanda Burwell, to fill a vacancy on the Homestead Borough Council, from which Burwell received compensation. b. That a violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a) occurred in relation to Broadwater’s failure to timely file a 2012 calendar year Statement of Financial Interests form with the Borough of Homestead. c. That the provisions of Section 1104(d) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(d) will not be further pursued in that Broadwater filed a 2012 Statement of Financial Interests form with the Borough of Homestead, albeit delinquent. 4. Broadwater agrees to make payment in the amount of $1,750.00 in settlement of this matter payable to the Homestead Borough and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Broadwater agrees to file a complete and accurate Statement of Financial Interests with Homestead Borough through the Pennsylvania State Ethics Commission, for \[the\] 2012 calendar year within thirty (30) days of the issuance of the final adjudication in this matter. Broadwater, 13-016 Page 12 6. Broadwater agrees to not accept any reimbursement, compensation or other payment from Homestead 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, we accept the recommendation of the parties for a finding that a violation of Section 1103(a) of the Ethics Act occurred in relation to Broadwater using her position as a Member of Borough Council to nominate and subsequently vote in favor of the appointment of her sister to fill a vacancy on Borough Council, from which her sister received compensation. Broadwater’s sister, Burwell, submitted a resume to the Borough as an applicant for the vacancy on Borough Council which resulted from the death of Borough Council Member Blount. Broadwater used the authority of her public position as a Borough Council Member when she advocated that her sister should be considered for the vacancy on Borough Council at the agenda discussion meeting preceding Borough Council’s legislative meeting on October 11, 2012. Broadwater further used the authority of her public position as a Borough Council Member when she nominated her sister for the vacancy, seconded a motion for her sister to fill the vacancy, and voted in favor of her sister’s appointment to fill the vacancy at the legislative meeting. Broadwater’s sister was issued fourteen Borough checks totaling $1,750.00 (gross) from November 2012 to December 2013 for serving as a Borough Council Member. The parties have stipulated that Broadwater’s sister realized a financial gain of $1,750.00 when Broadwater utilized her position as a Borough Council Member to participate in discussions and actions of Borough Council that resulted in the appointment of Broadwater’s sister to Borough Council from October 2012 to December 2013. With each element of a violation of Section 1103(a) established, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Broadwater using her position as a Member of Borough Council to nominate and subsequently vote in favor of the appointment of her sister, Burwell, to fill a vacancy on Borough Council, from which Burwell received compensation. We further accept the recommendation of the parties and we hold that a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Broadwater’s failure to timely file a 2012 calendar year SFI form with the Borough. As part of the Consent Agreement, Broadwater has agreed to make payment in the amount of $1,750.00 to Homestead Borough and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Broadwater has also 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. Broadwater has further agreed to file a complete and accurate SFI for the 2012 calendar year with the Borough, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. Broadwater, 13-016 Page 13 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, Broadwater is directed to make payment in the amount of $1,750.00 payable to Homestead Borough and forwarded th to this Commission by no later than the thirtieth (30) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Broadwater 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. To the extent she has not already done so, Broadwater is directed to file a complete and accurate SFI for the 2012 calendar year with the Borough, through this Commission, th by no later than the thirtieth (30) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV.CONCLUSIONS OF LAW: 1. As a Council Member for Homestead Borough (“Borough”), Allegheny County, from January 2011 to the present, Respondent Barbara Broadwater (“Broadwater”) 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. 2. Broadwater violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her using her position as a Member of Borough Council to nominate and subsequently vote in favor of the appointment of her sister, Wanda Burwell (“Burwell”), to fill a vacancy on Borough Council, from which Burwell received compensation. 3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Broadwater’s failure to timely file a 2012 calendar year Statement of Financial Interests form with the Borough. In Re: Barbara Broadwater, : File Docket: 13-016 Respondent : Date Decided: 4/24/14 : Date Mailed: 5/8/14 ORDER NO. 1635 1. As a Council Member for Homestead Borough (“Borough”), Allegheny County, Barbara Broadwater (“Broadwater”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in relation to her using her position as a Member of Borough Council to nominate and subsequently vote in favor of the appointment of her sister, Wanda Burwell (“Burwell”), to fill a vacancy on Borough Council, from which Burwell received compensation. 2. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Broadwater’s failure to timely file a 2012 calendar year Statement of Financial Interests form with the Borough. 3. Per the Consent Agreement of the parties, Broadwater is directed to make payment in the amount of $1,750.00 payable to Homestead Borough 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, Broadwater 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. To the extent she has not already done so, Broadwater is directed to file a complete and accurate Statement of Financial Interests for the 2012 calendar year with the Borough, through the Pennsylvania State Ethics Commission, by no later than the th 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