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In Re: Deborah Colocino, : File Docket: 13-021
Respondent : X-ref: Order No. 1643
: Date Decided: 6/16/14
: Date Mailed: 7/14/14
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 Deborah Colocino, a public official/public employee in her capacity as a
Council Member for Jersey Shore Borough, Lycoming County, violated \[Sections 1103(a),
1103(f), 1104(a), and 1104(d)\] of the State Ethics Act (Act 93 of 1998) when she used the
authority of her public position for the private pecuniary benefit of herself and/or an
immediate family member and/or a business with which a member of her immediate family
is associated, when she utilized the authority of her public position to direct Borough staff
to issue payments to her husband and/or her husband’s company for landscaping services
provided to the Borough; when she utilized the authority of her public position to vote for
the payment of bills including payments of public monies to her husband and/or her
husband’s landscaping company; when those services were entered into between the
Borough and \[her\] husband and/or \[her\] husband’s business without an open and public
process; and when she failed to file a Statement of Financial Interests for the 2009
calendar year.
II.FINDINGS:
1. Deborah Colocino has continuously served as a Member of Jersey Shore Borough
Council since January 4, 2010.
Colocino, 13-021
Page 2
a. Deborah Colocino was employed as the Jersey Shore Borough Manager
from approximately February 7, 2000, through the end of 2005.
2. Colocino currently serves as Chair of the Borough’s Finance Committee.
a. The Borough’s Finance Committee is comprised of three (3) Members of
Council.
b. As Chair of the Borough’s Finance Committee, Colocino is responsible for
presenting the monthly bill lists to Council for approval.
3. Borough committee assignments are made by the President of Council during
Council’s biennial reorganization.
a. In addition to the Finance Committee, Jersey Shore Borough has other
committees including: Police; Tree; Personnel; Highway; Sewer; Codes;
Fire; Chamber of Commerce; Hospital Liaison; and Library.
4. Jersey Shore Borough Council is comprised of eight (8) Council Members plus a
Mayor.
a. Council Members are compensated $100.00 per month.
1. Attendance at meetings of Council is not a requirement to receive
compensation.
b. Jersey Shore Borough employs approximately four (4) full-time laborers in
the Public Works Department.
1. The Public Works Department is responsible for the general care and
maintenance of the Borough streets and property.
c. The Borough’s Public Works Department has the ability to perform
maintenance and landscaping services at Borough-owned parks and
facilities.
1. The Borough maintains approximately forty (40) acres of public land
which includes numerous parks, playgrounds, athletic fields, and a
Borough-owned swimming pool.
5. Grieco Park and Veterans Park are two public/park properties owned and
maintained by the Borough.
a. Both Grieco Park and Veterans Park are located near the main thoroughfare
of Jersey Shore Borough and serve as a focal point to visitors entering the
Borough.
1. Grieco Park and Veterans Park received greater attention to
maintenance than other Borough property for aesthetic reasons.
b. Jersey Shore Borough’s Public Works Department does not conduct summer
landscaping/grounds keeping at Grieco Park or Veterans Park.
1. Borough Public Works Department employees are responsible for
landscaping/grounds keeping work at all other Borough-owned parks
and facilities.
Colocino, 13-021
Page 3
6. Prior to 2014, Jersey Shore Borough Council did not follow a bid process for
summer landscaping/grounds keeping services at Grieco Park and Veterans Park.
a. Jersey Shore Borough had not solicited bids for summer
landscaping/maintenance services at Grieco Park or Veterans Park since
Deborah Colocino became a Member of Council.
b. Council did not take into consideration the contracting provision (Section
1103(f)) of the State Ethics Act when awarding the annual contract without
advertising for bids or quotes.
7. Jersey Shore Borough Council took no official action to solicit bids or otherwise
advertise for bids regarding landscaping/grounds keeping services for the 2009
calendar year.
8. Around November 2008, John Colocino engaged in a conversation with the
Borough Manager, regarding his (Colocino’s) ability to provide landscaping services
to the Borough during the 2009 calendar year.
a. From 2006 through 2008, Borough employees and private contractors were
utilized by the Borough to provide maintenance and landscaping services at
Grieco Park and Veterans Parks.
b. Borough officials were not satisfied with the quality of work or costs
associated with maintenance of these parks during that timeframe (2006-
2008).
c. John Colocino had not provided any landscaping/grounds keeping services
to the Borough between 2006 and 2008.
1. Colocino had previously provided landscaping services to the
Borough.
d. Deborah Colocino was not a Member of Jersey Shore Borough Council when
the November 2008 discussion occurred between John Colocino and the
Borough Manager.
9. Deborah Colocino has been married to John Colocino for approximately thirty-
seven (37) years.
a. John Colocino is employed as a Grounds Keeper at Lycoming College,
Williamsport, Pennsylvania.
b. John Colocino does not offer landscaping/grounds keeping services through
any business entity, either incorporated or unincorporated/fictitious name.
10. John Colocino has provided landscaping services for Jersey Shore Borough on a
part-time, contractual basis from approximately 1986 to 2005, and most recently
from 2009 to 2013.
a. The extent of landscaping/grounds keeping services John Colocino provided
to the Borough between 1986 and 2005 had never extended beyond Grieco
Park and Veterans Park.
1. Between 2006 and 2008, landscaping/grounds keeping at these parks
was done by either Borough employees or a private contractor.
Colocino, 13-021
Page 4
b. In performing these services, John Colocino would utilize his own tools and
equipment.
1. Materials such as flowers and mulch are either donated or purchased
by the Borough.
11. On November 17, 2008, John Colocino submitted a proposal to the Borough
Manager for landscaping/grounds keeping services to be provided to the Borough
during 2009.
a. John Colocino’s November 17, 2008, proposal was for spring cleanup and
maintenance of Grieco Park and Veterans Park. Specific work to be
performed included: 1) mowing and weeding both parks on a weekly basis;
2) controlling weeds in beds and sidewalks; 3) trimming small trees and
shrubs as needed; 4) mulching beds (mulch supplied by Borough) in spring;
and 5) planting of donated flowers in parks for Memorial Day.
b. The total amount of the proposal was $3,800.00, to be paid in five (5)
monthly installments of $633.00 per month starting in April 2009 and one (1)
final payment of $635.00 in September 2009.
c. This proposal did not include any renewal clause for work to continue
beyond September 2009.
12. On February 20, 2009, the Borough Manager sent correspondence to John
Colocino referencing the discussion regarding his proposal held on February 9,
2009. Excerpts from the correspondence reflect:
a. “The total amount in the agreement is not to exceed $3,800.00 and is to be
paid in six (6) installments, the first five to be paid monthly in the amount of
$633.00 beginning in April 2009, the sixth and final payment in the amount of
$635.00 to be made in September 2009.”
b. An attached agreement included with the correspondence was signed by the
Borough Manager and identified the following services to be provided:
“landscaping and maintenance of the Veterans and Grieco Parks in the
Borough. The estimate should include the following: 1) Weed area and
removal of dead debris from the winter; 2) Mulch areas to include edging,
Borough will provide mulch; 3) Trim existing shrubbery and existing material
for sizing; 4) Fertilize lawn area plus planted area, fertilizer to be provided by
Borough; 5) Regular maintenance during season include weeding; 6) Fall
cleanup in preparation for winter; 7) Planting of donated flowers (Shaffer’s);
8) Water parks from beyond site water outlets; 9) Mow grass and weed
weekly; Spring maintenance, planting, mulching and all necessary
preparations to be completed as early as weather permits but in any case
prior to Memorial Day.”
c. This document included signature lines for both the Borough Manager and
John Colocino.
1. An executed copy of this document is filed with the Borough and
includes a signature for John Colocino, dated February 25, 2009.
aa. The Borough Manager signed on February 20, 2009.
13. Jersey Shore Borough Council did not take any official action authorizing the hiring
of/contracting with John Colocino to provide landscaping services to the Borough at
Colocino, 13-021
Page 5
Grieco Park and Veterans Park during 2009.
a. Deborah Colocino was not a Member of Jersey Shore Borough Council
during 2009 when this contract was negotiated/executed.
14. Payments due to John Colocino pursuant to the agreement/contract were included
as line item number 454.371 in the Borough’s annual General Fund Budget under
the title “Park Maintenance.”
a. Within the Borough’s budget, John Colocino is not listed by name, and
reference is only made to “Park Maintenance.”
b. Since 2010, the General Fund Budget has included the following annual
amounts as budgeted line items numbered 454.371, “Park Maintenance”:
2010: $4,000.00; 2011: $6,800.00 (Under 454.115 Park Mowing/CLNG;
454.371 Park; Maintenance Included); 2012: $9,000.00; 2013: $9,000.00;
2014: $9,000.00.
c. John Colocino did not receive the entire budgeted amounts listed above.
1. A portion of the budget allocation was used to buy plants, mulch, and
other maintenance/beautification items.
15. Borough payments issued to John Colocino during 2009 were managed through the
Borough’s normal bill paying process, which may be summarized as follows:
a. Jersey Shore Borough Council approves the payment of bills on a monthly
basis.
b. A bill list is generated by the Borough’s Program Coordinator each month.
c. Bill lists include individual and total monthly disbursements for various
Borough financial accounts, including: General Fund; Sewer Fund;
Swimming Pool; Liquid Fuels; and Rails-To-Trails.
d. Bill lists are provided to Council for review the Friday before the next regular
meeting, which is to be held the following Monday night.
e. Bill lists are presented to Council for approval each month by the Chair of
the Finance Committee.
f. Council does not review the actual invoices or bills appearing on any given
bill list unless there is a specific question or issue as to a particular
invoice/bill.
g. After the bills are approved as presented, checks are signed by the Council
Chair, Vice Chair, Chair of the Finance Committee, or Manager.
1. At least three (3) signatures of the above represented positions must
be present to validly issue a payment check.
16. Jersey Shore Borough financial records reflect John Colocino receiving six (6)
payments totaling $3,800.00 for landscaping services provided pursuant to the
agreement for the year 2009.
a. These six (6) payments pre-dated Deborah Colocino serving as a Member of
Jersey Shore Borough Council.
Colocino, 13-021
Page 6
b. These payments were budgeted/paid out of General Fund Budget amounts
specified for park maintenance services.
17. No signed agreements were in place between John Colocino and Jersey Shore
Borough as of January 2010, when Deborah Colocino assumed her seat as a
Member of Borough Council.
a. The agreement between Jersey Shore Borough and John Colocino dated
February 25, 2009, did not include any automatic renewal clause or
provisions for services to continue beyond September 2009.
b. Deborah Colocino was aware that her husband had been compensated to
provide landscaping/grounds keeping services to the Borough prior to her
becoming a Member of Council.
18. On July 1, 2009, Deborah Colocino emailed a bill/invoice to the Jersey Shore
Borough Treasurer for landscaping services on behalf of her husband.
a. This email was sent from Deborah Colocino’s personal email account.
b. Deborah Colocino’s July 1, 2009, email included the following request of the
Borough Treasurer: “Attached please find John’s Invoice for the month. We
are hoping that it does not take as long this month to pay this bill. With the
th
Borough Meeting not being held until the 13 and following the pattern of
last month we would not receive payment until the last week of July. If this is
going to continue to be the case, I would appreciate it if you would have left
us know that as that was not part of the agreement. Our billing states 10
days and it seems to be going up to 20 days now until payment…Thank You
Deb Colocino.”
19. Following Deborah Colocino’s election to Council, Jersey Shore Borough took no
action in regards to soliciting bids, quotes, or proposals for landscaping services at
Grieco Park or Veterans Park between 2010 and 2013.
a. The anticipated cost associated with landscaping/grounds keeping at Grieco
Park and Veterans Park was in excess of $500.00 annually.
b. Funding for the work was included as a General Fund Budget line item titled
“Park Maintenance.”
20. John Colocino continued to be compensated by the Borough for performing
landscaping/grounds keeping services at Grieco Park and Veterans Park from 2010
through 2013 without a specific vote of Council authorizing the work.
a. The Borough Manager served as John Colocino’s point of contact regarding
the continuation of the landscaping/grounds keeping agreement from one
year to the next.
1. The Manager did not solicit quotes or initiate a new written agreement
with John Colocino.
2. The Manager made the decision not to bring the matter to Council for
a vote.
Colocino, 13-021
Page 7
b. John Colocino would commence work around March or April of each year by
contacting the Borough’s administrative staff to arrange for the delivery of
mulch and flowers to Grieco Park and Veterans Park.
c. The Borough Manager was responsible for ensuring that John Colocino was
maintaining both Grieco Park and Veterans Park.
1. Borough supervision of the contract/agreement consisted of
occasional visual inspection of the parks throughout the summer
months.
21. Between 2010 and 2013, no formal executed agreements existed between the
Borough and John Colocino regarding landscaping/grounds keeping services at
Grieco Park and Veterans Park.
a. Funding for landscaping/grounds keeping at these parks was annually
included in the Borough’s General Fund Budget between 2010 and 2013.
b. No official action was taken by Council to hire or otherwise enter into a
contractual relationship with John Colocino during this time frame (2010-
2013).
1. The Borough Manager never brought a contract for John Colocino to
a vote by Council.
c. Since John Colocino began providing landscaping/grounds keeping services
at Grieco Park and Veterans Park in 2009, the Borough has had
approximately four (4) different Borough Managers.
22. Jersey Shore Borough Council meeting minutes reflect that Deborah Colocino
participated in actions of Jersey Shore Borough Council to approve annual General
Fund Budgets for calendar years 2011, 2012, and 2013 which included a line item
budget for “Parks Maintenance” as follows:
a. 1) On December 13, 2010, Colocino made a motion to pass the 2011
General Fund Budget; 2) On December 14, 2011, Colocino voted to approve
the 2012 General Fund Budget; and 3) on December 26, 2012, Colocino
voted to approve the 2013 General Fund Budget.
b. Colocino abstained from voting as it related to the General Fund line item
“Park Maintenance” for the 2014 budget year.
23. The only recorded action of Jersey Shore Borough Council regarding the annual
landscaping/grounds keeping work performed by John Colocino is its approval of
payments issued to him.
a. Not all payments issued to John Colocino were included on monthly bill lists.
1. Numerous payments were issued to John Colocino after the monthly
bill lists were prepared for Council.
b. Payments not included on monthly bill lists were “deemed approved” upon
the actual check being signed by Borough officials.
Colocino, 13-021
Page 8
24. Deborah Colocino did not make any public disclosures that her husband, John
Colocino, was being compensated by the Borough to perform landscaping/grounds
keeping services between 2010 and 2013.
a. It was common knowledge among Council Members and the community of
the spousal relationship between Deborah Colocino and John Colocino.
25. Jersey Shore Borough records include a proposal created by the Borough Manager,
dated April 1, 2013, for landscaping/grounds keeping services to be provided by
John Colocino during 2013.
a. The April 1, 2013, document was signed by the Borough Manager but was
not executed by John Colocino.
b. The April 1, 2013, proposal did not go before Borough Council for any review
or approval.
c. John Colocino received compensation from the Borough for
landscaping/grounds keeping services provided during 2013, despite the
fact that a fully executed agreement as proposed by the Borough Manager
was not returned to the Borough.
d. The Borough Manager did not require a signed agreement with Colocino,
since past practice between the Borough and Colocino did not require an
executed agreement and funding for the work was approved/allocated within
the General Fund Budget.
26. The Borough’s April 1, 2013, landscaping offer to John Colocino was as follows:
“The Borough of Jersey Shore recognizes your past contributions to the Borough
and desires to retain your gardening/landscaping services for fiscal year 2013. In
the role of gardener/landscaper for the Borough of Jersey Shore you will be
expected to perform the following services for the Borough:
Mowing and cleaning of Grieco Park and Veterans Park
Landscaping which includes planting flowers, mowing weeds, and doing the
mulch work at Grieco Park, Veterans Park, and the Gazebo
The Borough of Jersey Shore will provide the mulch. Please make sure that you
make contact with the Borough when you are ready for the mulch and provide a
location to place the mulch for your convenience. In the near future, the Borough
will be locking up the Chipping area. We will provide you with a key to that area for
your convenience and ask that the key be returned to the Borough at the end of the
season. Also, it has been recommended by Council that you purchase the flowers
for the parks from the Amish on Route 44 just past the intersection of Route 654 to
provide savings for the Borough.
Your salary for performing these services in 2013 will be $4,100. You will be paid 5
installments in the amount of $683 and (a) final installment in the amount of $685.
If you are in agreement with the above employment offer details, please sign below
and return this employment offer to the Borough Office at 232 Smith St. P.O. Box
526, Jersey Shore, PA 17740 within (10) days.”
27. Jersey Shore Borough records do not include any other proposals for
landscaping/grounds keeping work for the years 2010 through 2012.
Colocino, 13-021
Page 9
28. Payments from the Borough to John Colocino for landscaping/grounds keeping
during the year 2010 were initiated upon receipt of an invoice dated April 2010 from
John Colocino.
a. This invoice was in the amount of $633.00 and states that it was “as per
st
agreed proposal – 1 installment payment for April, 2010 $633.00.”
b. An “entered” stamp on the invoice was dated 4-20-10.
1. The “entered” stamp indicated the date it was received by the
Borough.
c. Similar invoices were on file for other months in 2010, including June, July,
and September.
29. John Colocino received his initial payment from the Borough for
landscaping/grounds keeping services at Grieco Park and Veterans Park for the
year 2011 following the Borough’s receipt of an invoice dated April 4, 2011, from
John Colocino.
a. This invoice was in the amount of $666.00 and states that it was for
“Installment #1 of Parks Proposal for 2011 $666.00.”
b. An “entered” stamp on the invoice was dated April 13, 2011.
c. Similar invoices were on file for other months in 2011, including May, June,
July, August, and September.
30. John Colocino received payment for landscaping/grounds keeping work from the
Borough for the year 2012 after forwarding a proposal dated February 7, 2012, to
the Borough.
a. This proposal was in the amount of $4,100.00 and states that it was for
“Proposal for mowing and cleaning of Grieco Park and Veterans Park and
occasional work at Gazebo…Taking care of landscaping at Gazebo for the
year 2012\[…\] Total proposal amount: $4,100\[…\] To be paid in 5
installments starting April 1, 2012 – August 1, 2012 in the amount of $683.00
and final installment in September, 2012 of $685.00.”
b. The proposal dated February 7, 2012, did not have any signatures
evidencing an acceptance by either John Colocino or a representative of the
Borough.
c. Copies of the unexecuted proposal were included with vouchers on file with
the Borough for other months in 2012, including April, May, June, July,
August, and September.
31. Payments to John Colocino for landscaping/grounds keeping services for the year
2013 were in accord with the Borough’s April 1, 2013, proposal with the initial
payment being made after the Borough received an invoice dated April 1, 2013,
from John Colocino.
a. This invoice was in the amount of $683.00 and states that it was for
“Installment #1 of Parks Proposal for 2013 $683.00.”
b. An “entered” stamp on the invoice was dated April 04, 2013.
Colocino, 13-021
Page 10
c. Similar invoices were on file with the Borough for other months in 2013,
including May, June, July, August, and September.
32. In addition to invoices being mailed/hand-delivered to the Borough, Deborah
Colocino submitted invoices for payment on behalf of her husband via her personal
email account.
a. This submission occurred after Colocino began service as a Member of
Council in 2010; however, Colocino asserts that the Borough’s practice of
accommodating payment requests preceded her being on Council.
b. On occasion, Colocino would also contact Borough employees to inquire
about the payment status of some of the payments due her husband.
c. Payments were issued to John Colocino between Council meetings to
accommodate Deborah Colocino’s requests for immediate/expedited
payment.
33. Jersey Shore Borough records include emails from Deborah Colocino initiating
payment of landscaping invoices for her husband.
a. These emails were sent under the name “Deb Colocino” from her personal
email address.
b. John Colocino does not use this email account for communication purposes.
34. Jersey Shore Borough records include the following emails from Deborah Colocino
regarding payment due her husband:
a. Email dated April 14, 2010 (6:37 a.m.), from Deb Colocino to the Borough
Treasurer, Subject; Parks Bill. Colocino writes: “I thought this is what was in
the envelope that he gave me with your name on that I left in my in box.
Sorry.” April 14, 2010 (8:14 a.m.), forwarded to the Borough Program
Coordinator with instructions: “Here is John’s bill for you to process.”
Attachments: John Borough Billing.docx.
b. Email dated July 15, 2010 (4:48 p.m.), from Deb Colocino to the Borough
Treasurer, Subject: Park Billing. Colocino writes: “Here is Johns park bills for
July and August.” July 19, 2010 (7:51 a.m.). The Borough Treasurer
forwards to the Program Coordinator with no instructions. Attachments: John
Borough Billing.docx, John Borough Billing.docx.
c. Email dated September 2, 2010 (8:56 a.m.) from Deb Colocino to the
Borough Treasurer, Subject: Park Bill. Colocino writes: “Here is John’s final
bill for the season. Thanks. Deb.” September 2, 2010 (10:03 a.m.). The
Borough Treasurer forwards to the Program Coordinator with instructions:
“Please enter for the September bill meeting.” Attachments: John Borough
Billing.docx.
d. Email dated June 2, 2011 (9:10 p.m.), from Deb Colocino to the Borough
Treasurer, cc: \[Program Coordinator\], Subject: June Billing. Colocino writes:
“Attached please find billing for June for the parks.” June 3, 2011 (8:36
a.m.). The Borough Treasurer forwards to the Program Coordinator with
instructions: “Please put in the June bills. SL.” Attachments: John Borough
Billing.docx.
e. Email dated July 11, 2011 (9:34 p.m.), from Deb Colocino to the Borough
Colocino, 13-021
Page 11
Treasurer, cc: \[Program Coordinator\], Subject: July Billing. Colocino writes:
“Here is John’s Park Billing. It’s a little late but I guess it can still get in.”
Attachments: John Borough Billing.docx. July 12, 2011 (4:06 p.m.). The
Borough Treasurer forwards to the Program Coordinator with instructions:
“Did you receive this? Please enter this in this check run. Thanks.”
Attachments: John Borough Billing.docx.
f. Email dated September 18, 2011 (9:50 p.m.), from Deb Colocino. Colocino
writes: “Here is John’s bill. Please let me know if you get it.” Attachments:
John Borough Billing.docx.
g. Email dated September 18, 2011 (9:57 p.m.), from Deb Colocino to the
Borough Treasurer, Subject: Parks. Colocino writes: “Here is Johns billing
for August.” September 20, 2011 (8:17 a.m.). The Borough Treasurer
forwards to the Program Coordinator with no instructions. Attachments: John
Borough Billing.docx.
h. Email dated September 18, 2011 (9:57 p.m.), from Deb Colocino to the
Borough Treasurer, Subject: Septembers Park Bill. Colocino writes: “Finally
here is the parks bill. Deb.” September 20, 2011 (8:17 a.m.). The Borough
Treasurer forwards to the Program Coordinator with no instructions.
Attachments: John Borough Billing.docx.
i. Email dated September 18, 2011 (9:57 p.m.), from Deb Colocino to the
Borough Treasurer, Subject: Septembers Park Bill. Colocino writes: “Finally
here is the parks bill. Deb.” September 20, 2011 (6:44 a.m.). Colocino
forwards to the Program Coordinator with instructions: “Let me know whether
you got this. I sent it to \[the Borough Treasurer\] but it came back.”
Attachments: John Borough Billing.docx.
35. Jersey Shore Borough financial records, including monthly bill lists and processed
checks, reflect that Deborah Colocino routinely participated in the approval of
Borough bill lists which included payments to her husband, John Colocino.
a. Between July 27, 2010, and September 17, 2013, Deborah Colocino, in her
official capacity as a Member of Jersey Shore Borough Council, voted
thirteen (13) times to approve payments totaling $8,751.00 to John Colocino
for landscaping services/grounds keeping.
b. Colocino asserts that no one, including the Borough Manager and Solicitor,
advised her to abstain from participating in regard to her husband’s
landscaping company, including voting to approve the line item budget for
parks maintenance, submitting invoices on behalf of her husband via her
personal email account, and voting to approve payment to her husband.
36. Financial records maintained by Jersey Shore Borough confirm that John Colocino
received twenty-four (24) payments, totaling $15,997.00, for landscaping services
between April 23, 2010, and the present.
a. Between April 23, 2010, and September 28, 2011, Deborah Colocino signed,
in her official capacity as a Member of Jersey Shore Borough Council and/or
Chair of the Borough’s Finance Committee, twelve (12) Borough checks
issued to her husband totaling $7,797.00.
b. Deborah Colocino, in her official capacity as a Member of Jersey Shore
Borough Council, both voted to approve and signed four (4) Jersey Shore
Borough checks/payments to John Colocino totaling $2,600.00.
Colocino, 13-021
Page 12
37. Between 2010 and 2013, the Borough issued to John Colocino 1099 Miscellaneous
Income Forms, which reflected total annual income from the Borough as follows:
a. 2010: $3,800.00; 2011: $3,997.00; 2012: $4,100.00; and 2013: $4,100.00.
38. Between April 23, 2010, and August 20, 2013, John Colocino was issued eleven
(11) Borough payments, totaling approximately $7,246.50, without a prior approval
of Council and/or inclusion on a monthly bill list.
a. The eleven (11) payments referenced above were made between Council
meetings and in response to a request by Deborah Colocino to Borough
employees to expedite payment.
b. As a sitting Member of Council, Deborah Colocino had general supervisory
authority over Borough employees.
39. Deborah Colocino and/or John Colocino, a member of her immediate family,
realized a private pecuniary benefit as a result of Deborah Colocino utilizing the
authority of her office as a public official, namely as a Council Member for Jersey
Shore Borough, to direct Borough staff to expedite payments to her husband and/or
her husband’s landscaping company for landscaping services provided to the
Borough, and when she voted to approve payment of bills including payments of
public monies to her husband and/or her husband’s landscaping company; and
when contracts were awarded to John Colocino’s landscaping company in excess of
$500.00 absent an open and public process.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT DEBORAH
COLOCINO FAILED TO FILE A STATEMENT OF FINANCIAL INTERESTS FORM WITH
JERSEY SHORE BOROUGH BY MAY 1, 2010, CONTAINING INFORMATION FOR THE
2009 CALENDAR YEAR.
.
40In her official capacity as a Member of Jersey Shore Borough Council, Deborah
Colocino was annually required to file a Statement of Financial Interests form by
st
May 1 each year, containing information for the prior calendar year.
41. Each January, Members of Jersey Shore Borough Council were provided with a
blank Statement of Financial Interests form by the administration.
a. Completed Statement of Financial Interests forms are maintained in a secure
portion of the Borough Office.
42. Statement of Financial Interests forms on file with Jersey Shore Borough as of
September 25, 2013, included the following filings for Deborah Colocino:
a. Calendar Year: 2012 (2013 incorrectly written in box # 7 of this form); Dated:
7/08/13 on form SEC-1 REV. 01/13; Position: Council Candidate;
Occupation: Office Assistant; Creditors: None; Direct/Indirect Income: None;
All Other Financial Interests: None.
1. This form was dated in excess of two (2) months after the May 1,
2013, filing deadline. Although this form is for calendar year 2012, it
incorrectly lists calendar year 2013 in box 7 (Year).
2. Colocino maintains that she promptly completed her 2012 Statement
of Financial Interests form once she was provided with the form by
Borough representatives.
Colocino, 13-021
Page 13
b. Calendar Year: 2011; Dated: 4/09/12 on form SEC-1 REV. 01/12; Position:
Council Member; Occupation: Office Assistant; Creditors: None;
Direct/Indirect Income: Susquehanna Health; All Other Financial Interests:
None.
c. Calendar Year: 2010; Dated: 4/14/11 on form SEC-1 REV. 01/11; Position:
Borough Council; Occupation: Unemployed; Creditors: Jersey Shore State
Bank; Direct/Indirect Income: None; All Other Financial Interests: None.
d. No Calendar Year 2009 form on file as of September 25, 2013.
43.On October 28, 2013, the Jersey Shore Borough Solicitor, Denise Dieter, provided
an email copy of Colocino’s 2009 calendar year filing to the State Ethics
Commission.
a. Solicitor Dieter represented that the form was a copy of a filing maintained in
a personal file by Deborah Colocino.
44. The Statement of Financial Interests form maintained by Deborah Colocino for the
2009 calendar year included the following information:
a. Calendar Year: 2009; Dated: 05/03/10 on form SEC-1 Rev. 01/09; Position:
Council; Creditors: None; Direct/Indirect income: None; All Other Financial
Interests: None.
b. This form is dated May 3, 2010, two days after the required filing date for the
form.
1. Colocino maintains that she dated the form on the same day it was
provided to her by Borough representatives.
c. The form does not contain a date/time stamp reflecting whether it had been
received by the Borough.
d. This form was not on file with other completed Jersey Shore Borough
Statement of Financial Interests forms at the time a compliance review was
conducted by the State Ethics Commission on September 24, 2013;
however, Colocino maintains that she submitted the form to the Borough on
the same date she received the form from Borough representatives.
45. Deborah Colocino received $1,200.00 in Borough/public funds as compensation for
her service as a Borough Council Member during calendar year 2010, at a time
when she did not have a 2009 calendar year Statement of Financial Interests on file
with the Borough.
III.DISCUSSION:
As a Council Member for Jersey Shore Borough (“Borough”) since January 4, 2010,
Respondent Deborah Colocino, also referred to hereinafter as “Respondent,” “Respondent
Colocino,” and “Colocino,” has been a public official subject to the provisions of the Public
Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
The allegations are that Colocino violated Sections 1103(a), 1103(f), 1104(a), and
1104(d) of the Ethics Act: (1) when she used the authority of her public position for the
private pecuniary benefit of herself and/or an immediate family member and/or a business
with which a member of her immediate family is associated when she directed Borough
Colocino, 13-021
Page 14
staff to issue payments to her husband and/or her husband’s company for landscaping
services provided to the Borough; (2) when she voted for the payment of bills including
payments of public monies to her husband and/or her husband’s landscaping company; (3)
when those services were entered into between the Borough and her husband and/or her
husband’s business without an open and public process; and (4) when she failed to file a
Statement of Financial Interests (“SFI”) for the 2009 calendar year.
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 1103(f) of the Ethics Act imposes certain restrictions as to contracting:
§ 1103. Restricted activities
(f)Contract.—
No public official or public employee or
his spouse or child or any business in which the person or his
spouse or child is associated shall enter into any contract
valued at $500 or more with the governmental body with which
the public official or public employee is associated or any
subcontract valued at $500 or more with any person who has
been awarded a contract with the governmental body with
which the public official or public employee is associated,
unless the contract has been awarded through an open and
Colocino, 13-021
Page 15
public process, including prior public notice and subsequent
public disclosure of all proposals considered and contracts
awarded. In such a case, the public official or public employee
shall not have any supervisory or overall responsibility for the
implementation or administration of the contract. Any contract
or subcontract made in violation of this subsection shall be
voidable by a court of competent jurisdiction if the suit is
commenced within 90 days of the making of the contract or
subcontract.
65 Pa.C.S. § 1103(f).
Section 1103(f) of the Ethics Act provides in part that no public official/public
employee or his spouse or child or business with which the public official/public employee
or his spouse or child is associated may enter into a contract with his governmental body
valued at five hundred dollars or more or any subcontract valued at five hundred dollars or
more with any person who has been awarded a contract with the governmental body with
which the public official/public employee is associated unless the contract is awarded
through an open and public process including prior public notice and subsequent public
disclosure of all proposals considered and contracts awarded.
Section 1104(a) of the Ethics Act provides that each public official/public employee
must file a Statement of Financial Interests for the preceding calendar year, each year that
he holds the position and the year after he leaves it.
Section 1104(d) of the Ethics Act provides that no public official shall be allowed to
take the oath of office, or enter or continue upon his duties, nor shall he receive
compensation from public funds, unless he has filed an SFI as required by the Ethics Act.
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.
Colocino has served as a Member of Borough Council since January 4, 2010, and
she currently serves as Chair of the Borough’s Finance Committee (“Finance Committee”).
Borough Council is comprised of eight Council Members and a Mayor. Pursuant to the
Borough’s normal bill paying process, Borough Council approves the payment of bills on a
monthly basis. Bill lists are presented to Borough Council for approval each month by the
Chair of the Finance Committee. Checks issued in payment of bills must have signatures
from at least three of four specific Borough positions, including that of Chair of the Finance
Committee.
The Borough maintains approximately forty acres of public land, including Grieco
Park and Veterans Park (“the Parks”). The Parks are located near the main thoroughfare
of the Borough and receive greater attention to maintenance than other Borough property
for aesthetic reasons.
From approximately 1986 to 2005, Colocino’s husband, John Colocino (“Mr.
Colocino”), provided landscaping/grounds keeping services for the Parks to the Borough
on a part-time, contractual basis. Mr. Colocino does not offer landscaping/grounds
keeping services through an incorporated or unincorporated/fictitious name business
entity.
From 2006 through 2008, the Borough utilized Borough employees and private
contractors to provide maintenance and landscaping services at the Parks, but Borough
officials were not satisfied with the quality of work or costs associated with maintenance of
the Parks.
Colocino, 13-021
Page 16
Around November 2008, Mr. Colocino engaged in a conversation with the Borough
Manager regarding Mr. Colocino’s ability to provide landscaping services to the Borough
during 2009. On November 17, 2008, Mr. Colocino submitted a proposal to the Borough
Manager to provide spring cleanup and maintenance for the Parks during 2009. The total
amount of the proposal was $3,800.00, to be paid in five monthly installments of $633.00
starting in April 2009 and one final payment of $635.00 in September 2009. Mr. Colocino
and the Borough Manager subsequently executed an agreement for Mr. Colocino to
provide landscaping services for the Parks for 2009 for a total amount not to exceed
$3,800.00. The agreement that was executed did not include an automatic renewal clause
or provisions for services to continue beyond September 2009. Borough Council did not
take any official action authorizing the hiring of/contracting with Mr. Colocino to provide
landscaping services to the Borough at the Parks during 2009.
No signed agreements were in place between Mr. Colocino and the Borough when
Colocino assumed her seat as a Member of Borough Council in January 2010. Between
2010 and 2013, the Borough took no action with regard to soliciting bids, quotes, or
proposals for landscaping services at the Parks. Mr. Colocino continued to be
compensated by the Borough for performing landscaping/grounds keeping services at the
Parks from 2010 through 2013 without any official action by Borough Council to hire him or
otherwise enter into a contractual relationship with him. The Borough Manager served as
Mr. Colocino’s point of contact regarding the continuation of the landscaping/grounds
keeping agreement from one year to the next. The Borough Manager did not solicit quotes
or initiate a new written agreement with Mr. Colocino and made the decision not to bring
the matter to Borough Council for a vote. Between 2010 and 2013, no formal executed
agreements existed between the Borough and Mr. Colocino regarding
landscaping/grounds keeping services for the Parks.
Mr. Colocino would commence work around March or April of each year by
contacting the Borough’s administrative staff to arrange for the delivery of mulch and
flowers to the Parks. The Borough Manager was responsible for ensuring that Mr.
Colocino was maintaining the Parks.
Between 2010 and 2013, Mr. Colocino received twenty-four payments from the
Borough totaling $15,997.00 for performing landscaping/grounds keeping services at the
Parks. Mr. Colocino received $3,800.00 from the Borough in 2010, $3,997.00 from the
Borough in 2011, and $4,100.00 from the Borough in both 2012 and 2013 for providing
such services to the Borough.
Invoices for Mr. Colocino’s services were mailed or hand-delivered to the Borough
as well as submitted to the Borough by Colocino from her personal email account. On
occasion, Colocino would contact Borough employees to inquire about the status of some
of the payments due her husband. Not all payments to Mr. Colocino were included on
monthly bill lists, and some payments were issued to him between Borough Council
meetings to accommodate Colocino’s requests for immediate/expedited payment.
Payments not included on monthly bill lists were “deemed approved” upon the actual check
being signed by Borough officials. Between April 23, 2010, and August 20, 2013, Mr.
Colocino was issued eleven Borough payments, totaling approximately $7,246.50, which
were not included on a monthly bill list. These payments were made between Borough
Council meetings in response to requests made by Colocino to Borough employees to
expedite payment. The parties have stipulated that Colocino and/or Mr. Colocino realized
a private pecuniary benefit as a result of Colocino utilizing the authority of her office as a
Borough Council Member to direct Borough staff to expedite payments to Mr. Colocino for
landscaping services provided to the Borough.
Colocino participated in the approval of Borough bill lists which included payments
to Mr. Colocino and signed, in her official capacity for the Borough, Borough checks issued
Colocino, 13-021
Page 17
to him. Between July 27, 2010, and September 17, 2013, Colocino voted thirteen times to
approve bill lists which included payments totaling $8,751.00 to Mr. Colocino for
landscaping/grounds keeping services. Between April 23, 2010, and September 28, 2011,
Colocino signed in her official capacity for the Borough twelve Borough checks totaling
$7,797.00 that were issued to Mr. Colocino. Colocino also both voted to approve and
signed in her official capacity for the Borough four Borough checks/payments totaling
$2,600.00 that were issued to Mr. Colocino.
As a Borough Council Member, Colocino is required to annually file an SFI by May
1 disclosing financial information for the prior calendar year. As of September 25, 2013,
Colocino had no SFI for calendar year 2009 on file with the Borough. On October 28,
2013, the Borough Solicitor provided an email copy of Colocino’s SFI for calendar year
2009 to the State Ethics Commission, representing that it was a copy of an SFI maintained
in a personal file by Colocino. The SFI for calendar year 2009 was dated May 3, 2010, and
did not contain a date/time stamp reflecting whether it had been received by the Borough.
Colocino maintains that she dated the form and submitted it to Borough representatives on
the same day that it was provided to her by Borough representatives.
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 when Colocino utilized the
authority of her public position to direct Borough
staff to expedite payments to her husband
and/or her husband’s landscaping company for
landscaping services provided to the Borough,
and when she voted to approve payment of bills,
including payments of public monies to her
husband and/or her husband’s landscaping
company.
b. That a violation of Section 1103(f) \[of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(f),\] occurred when contracts for
landscaping services, in amounts of $500.00 or
more, were entered into between the Borough
and Colocino’s husband and/or \[her\] husband’s
business without an open and public process.
c. That a violation of Section 1104(a) \[of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a),\] occurred when Colocino failed to file a
Statement of Financial Interests for the 2009
calendar year.
4. Colocino agrees to make payment in the amount of $1,200.00
in settlement of this matter payable to the Jersey Shore
Borough and forwarded to the Pennsylvania State Ethics
Colocino, 13-021
Page 18
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. Colocino agrees to file \[a\] complete and accurate Statement of
Financial Interests with the Jersey Shore Borough through the
Pennsylvania State Ethics Commission, for the 2009 calendar
year within thirty (30) days of the issuance of the final
adjudication in this matter.
6. Colocino agrees to not accept any reimbursement,
compensation or other payment from Jersey Shore 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 when
Colocino utilized the authority of her public position to direct Borough staff to expedite
payments to her husband and/or her husband’s landscaping company for landscaping
services provided to the Borough, and when she voted to approve payment of bills,
including payments of public monies to her husband and/or her husband’s landscaping
company.
Colocino’s husband, Mr. Colocino, performed landscaping/grounds keeping
services at the Parks for the Borough from 2010 through 2013. It would appear that the
parties are treating Mr. Colocino as a self-employed individual in his capacity as a provider
of landscaping/grounds keeping services. A self-employed individual is encompassed
within the Ethics Act’s definition of the term “business.” See, 65 Pa.C.S. § 1102.
Mr. Colocino received twenty-four payments from the Borough totaling $15,997.00
for providing such services to the Borough. Between April 23, 2010, and August 20, 2013,
Mr. Colocino was issued eleven Borough payments, totaling approximately $7,246.50,
which were not included on a monthly bill list and were made between Borough Council
meetings. The parties have stipulated that Colocino and/or Mr. Colocino realized a private
pecuniary benefit as a result of Colocino utilizing the authority of her office as a Borough
Council Member to direct Borough staff to expedite payments to Mr. Colocino for
landscaping services provided to the Borough. Colocino further used the authority of her
office as a Borough Council Member: (1) when, between July 27, 2010, and September 17,
2013, she voted thirteen times to approve bill lists which included payments totaling
$8,751.00 to Mr. Colocino for landscaping/grounds keeping services; (2) when, between
April 23, 2010, and September 28, 2011, she signed in her official capacity for the Borough
twelve Borough checks totaling $7,797.00 that were issued to Mr. Colocino; and (3) when
she both voted to approve and signed in her official capacity for the Borough four Borough
checks/payments totaling $2,600.00 that were issued to Mr. Colocino
Colocino, 13-021
Page 19
Based on the Stipulated Findings and the Consent Agreement, we hold that
Colocino violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she
utilized the authority of her public position to direct Borough staff to expedite payments to
her husband/husband’s business for landscaping services provided to the Borough, and
when she voted to approve payment of bills including payments of public monies to her
husband/husband’s business.
We accept the recommendation of the parties for a finding that a violation of Section
1103(f) of the Ethics Act occurred when contracts for landscaping services in amounts of
$500.00 or more were entered into between the Borough and Colocino’s
husband/husband’s business without an open and public process.
Between 2010 and 2013, the Borough took no action with regard to soliciting bids,
quotes, or proposals for landscaping services at the Parks, and no formal executed
agreements existed between the Borough and Mr. Colocino regarding
landscaping/grounds keeping services for the Parks. Mr. Colocino received $3,800.00
from the Borough in 2010, $3,997.00 from the Borough in 2011, and $4,100.00 from the
Borough in both 2012 and 2013 for performing landscaping/grounds keeping services at
the Parks for the Borough. Mr. Colocino was compensated by the Borough for performing
such services without any official action by Borough Council to hire him or otherwise enter
into a contractual relationship with him.
We hold that a violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f),
occurred when contracts for landscaping services in amounts of $500.00 or more were
entered into between the Borough and Colocino’s husband/husband’s business without an
open and public process.
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 when Colocino failed to
file an SFI for the 2009 calendar year.
It appears that the Investigative Division in the exercise of its prosecutorial
discretion has elected to non pros the portion of the allegations pertaining to Section
1104(d) of the Ethics Act.
As part of the Consent Agreement, Colocino has agreed to make payment in the
amount of $1,200.00 payable to Jersey Shore Borough and forwarded to this Commission
within thirty (30) days of the issuance of the final adjudication in this matter. Colocino 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. Colocino has further agreed to file a complete and accurate SFI for the 2009
calendar year 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, Colocino is directed to make
payment in the amount of $1,200.00 payable to Jersey Shore 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, Colocino 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.
Colocino, 13-021
Page 20
To the extent she has not already done so, Colocino is directed to file a complete
and accurate SFI for the 2009 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 Jersey Shore Borough (“Borough”) since January 4, 2010,
Respondent Deborah Colocino (“Colocino”) 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. Colocino violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when
she utilized the authority of her public position to direct Borough staff to expedite
payments to her husband/husband’s business for landscaping services provided to
the Borough, and when she voted to approve payment of bills including payments of
public monies to her husband/husband’s business.
3. A violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when
contracts for landscaping services in amounts of $500.00 or more were entered into
between the Borough and Colocino’s husband/husband’s business without an open
and public process.
4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred
when Colocino failed to file a Statement of Financial Interests for the 2009 calendar
year.
In Re: Deborah Colocino, : File Docket: 13-021
Respondent : Date Decided: 6/16/14
: Date Mailed: 7/14/14
ORDER NO. 1643
1. As a Council Member for Jersey Shore Borough (“Borough”), Deborah Colocino
(“Colocino”) violated Section 1103(a) of the Public Official and Employee Ethics Act
(“Ethics Act”), 65 Pa.C.S. § 1103(a), when she utilized the authority of her public
position to direct Borough staff to expedite payments to her husband/husband’s
business for landscaping services provided to the Borough, and when she voted to
approve payment of bills including payments of public monies to her
husband/husband’s business.
2. A violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when
contracts for landscaping services in amounts of $500.00 or more were entered into
between the Borough and Colocino’s husband/husband’s business without an open
and public process.
3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred
when Colocino failed to file a Statement of Financial Interests for the 2009 calendar
year.
4. Per the Consent Agreement of the parties, Colocino is directed to make payment in
the amount of $1,200.00 payable to Jersey Shore 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.
5. Per the Consent Agreement of the parties, Colocino 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.
6. To the extent she has not already done so, Colocino is directed to file a complete
and accurate Statement of Financial Interests for the 2009 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.
7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this
case with no further action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
___________________________
John J. Bolger, Chair