HomeMy WebLinkAbout1650 Angelo
In Re: Cynthia Angelo, : File Docket: 13-024
Respondent : X-ref: Order No. 1650
: Date Decided: 1/27/15
: Date Mailed: 2/10/15
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan
Roger Nick
Kathryn Streeter Lewis
Maria Feeley
Melanie DePalma
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq., by the above-named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an “Investigative Complaint.” An Answer was filed and a hearing was requested. 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 Cynthia Angelo, a public official/public employee in her capacity as Township
Zoning Officer, Assistant Secretary/Treasurer and/or interim Secretary/Treasurer for
Ligonier Township, Westmoreland County, violated Section 1103(a) and Section 1104(a)
of the State Ethics Act (Act 93 of 1998) when she used the authority of her public position
for a private pecuniary benefit by utilizing Township equipment and facilities during her
working hours for the Township in furtherance of a personal internet based business; when
she converted tangible Township/public property for her own purposes; and when she
failed to file Statement\[s\] of Financial Interests relevant to her public office/public
employment with Ligonier Township for calendar years 2008 through 2012.
II.FINDINGS:
1. Cynthia Angelo served as the Ligonier Township Zoning Officer from August 25,
1997, until July 25, 2013.
a. Angelo also served as the Township Assistant Secretary and Township
Assistant Treasurer from August 25, 1997, to May 28, 2013, and October 7,
1997, to May 28, 2013, respectively.
1. The Township did not employ an Assistant Secretary/Treasurer prior
to Angelo holding the position.
Angelo, 13-024
Page 2
b. Angelo served as the Township interim Secretary/Treasurer from May 28,
2013, until July 25, 2013.
2. Ligonier Township (“Township”) is a Second Class Township governed by a three
Member Board of Supervisors (“Board”).
a. The Board holds regular monthly meetings at the Township Municipal
Building on the second Tuesday of each month.
b. Workshop meetings are held the Friday prior to the regular monthly meeting.
c. Special meetings are held on an as-needed basis.
3. The Township employs numerous employees including: Police Department, Road
Department, Zoning Officer, and an office staff.
a. The office staff includes a Secretary/Treasurer who supervises the Assistant
Secretary/Treasurer and Office Clerk.
1. The Zoning Officer worked within the Township municipal office;
however, the Secretary/Treasurer does not oversee duties performed
by the Zoning Officer.
4. Angelo was supervised by Township Supervisor and Secretary/Treasurer Keith
Whipkey from her initial date of employment until Whipkey’s resignation at the May
*
28, 2013, special meeting.
a. Angelo was appointed as the interim Secretary/Treasurer at the May 28,
2013, special meeting, and held that position until her termination at the July
25, 2013, special meeting.
*
\[Cf., Fact Finding 36.\]
5. Angelo’s duties/responsibilities in her position as the Zoning Officer included but
were not limited to the following:
a. Issuance of permits and collection of fees;
b. Sales of zoning ordinances/maps;
c. Processing violations of zoning ordinances;
d. Attending Planning Commission, Zoning Hearing Board and Board of
Supervisor meetings and any special meetings as needed;
e. Maintain zoning office activity reports;
f. Process and prepare Right-to-Know Requests.
6. Angelo’s duties/responsibilities in her position as the Assistant Secretary/Treasurer
included but were not limited to the following:
a. Prepare Board meeting minutes and agendas;
b. Process accounts payable/receivable;
c. Prepare and process payroll;
Angelo, 13-024
Page 3
d. Attend Board of Supervisors meetings and special meetings as needed.
7. Angelo possessed additional responsibilities in her position as the Zoning Officer
and Assistant Secretary/Treasurer as follows:
a. Maintenance of office equipment (e.g., copier, fax, and printers);
b. Office supply orders and processing; and
c. Answering telephone and taking messages.
8. Angelo performed the duties of the Secretary/Treasurer during Whipkey’s absence
(e.g., vacation, medical appointments, etc.)
9. Invoices to the Township are received and processed by the Secretary/Treasurer
and/or the Office Clerk, Barbara Hollick.
a. Angelo performed the duty of processing accounts receivable/payable in the
absence of the Secretary/Treasurer.
b. Invoices are initially received by the Office Clerk and forwarded to the
Secretary/Treasurer for review/approval of payment.
1. The Board did not regularly review Township invoices.
2. The Board would review any invoices that were questioned prior to
actually signing the respective Township check.
c. A list of bills to be paid was presented to the Board at each meeting for
review/approval.
1. All invoices were available for the Supervisors to review upon request.
10. The office staff compiled a meeting packet for each Supervisor that was made
available by the day of the meeting.
a. The packet includes an agenda, the prior month’s minutes, police report,
treasurer’s report, and bill listing.
b. As the Township Zoning Officer, Angelo presented a zoning report to the
Board at the Board meetings.
11. Voting at Board meetings may occur either by a roll call or group aye/nay fashion,
depending on the issue at hand.
a. All objections and abstentions are noted within the minutes.
b. Meeting minutes generated are approved for accuracy at subsequent
meetings.
12. Signature authority over accounts was maintained by the Supervisors and Angelo,
in her position as the Assistant Secretary/Treasurer.
a. Township checks required three live signatures from the authorized
signatories.
Angelo, 13-024
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b. Township checks are signed on a bi-weekly basis.
13. Angelo utilized a Township computer/printer and also had access to Township
office equipment (copier/printer, digital camera), supplies (paper, envelopes, boxes,
postage, etc.) and resources (internet and phone service) to conduct official
Township business.
a. Angelo, as the Secretary/Treasurer and the Office Clerk, worked in
private/separate offices as opposed to a cubicle or group environment.
14. The office staff generally worked 40 hour work weeks which were monitored by
Whipkey.
a. The Township utilized a time card to document the time an employee was
present at work.
1. Employees inconsistently punched in/out to attend to personal
errands/appointments.
15. Angelo was a salaried employee and was compensated for working at least 35 to
37.5 hours per week.
a. Although Angelo held several positions within the Township, all of her duties
were to be completed within a 35 to 37.5 hour work week.
b. Angelo’s regular office hours at the Township municipal building were from
7:30 a.m. to 3:30 p.m. with the exception of Wednesdays, when she was to
work 8:00 a.m. to 3:30 p.m.
c. Angelo was permitted to “flex” her regular work hours to attend to personal
errands.
1. Angelo was expected to punch in/out for instances she left the
Township municipal building for personal business.
16. Angelo’s . . . wage since 2008 was as follows:
Year Bi-Weekly Salary
2008 $1,293.68 bi-weekly salary
2009 $1,283.14 bi-weekly salary
2010 $1,372.46 bi-weekly salary
2011 $1,414.40 bi-weekly salary
2012 $1,414.40 bi-weekly salary
2013 $1,414.40 bi-weekly salary
17. Township employee conduct is regulated by the provisions of the Township’s
General Employee Manual (“Manual”), approved by the Board of Supervisors on
October 10, 2006.
a. Each employee is provided with a Manual at the time of hire.
b. The Manual includes a section that is required to be signed by the
employee, acknowledging that \[the employee has\] read and will abide by the
policies/procedures set forth in the Manual.
1. The acknowledgment section is submitted to the Secretary/Treasurer
and maintained within the Township files.
Angelo, 13-024
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18. Angelo would have been required to sign and submit the acknowledgement section
upon receipt of the Manual.
a. Angelo asserts that she did not receive, nor was provided with, a copy of the
Manual upon hire.
b. Angelo’s signed acknowledgement section of the Manual is not on file with
the Township.
c. Angelo would have/should have been provided with a copy of the Manual on
or about October 9, 2006.
19. In the early 2000s Whipkey delegated Angelo the responsibility of ordering and
maintaining Township office supplies.
*
a. In his capacity as Assistant Secretary/Treasurer, Whipkey had been
responsible for ordering and maintaining the Township office supplies prior
to Angelo.
*
\[Cf., Fact Finding 1 a(1).\]
b. Angelo had the autonomy to order Township office supplies (e.g., paper,
ink/toner, computers, etc.) without the review or approval of Whipkey and/or
the Board of Supervisors.
20. The Township maintained an account with the Quill Corporation (“Quill”)--account
#xxxx199--in order to maintain the Township’s office supplies (paper, tablets, ink
cartridges, ruler pads, correction tape, folders, etc.)
a. Quill is headquartered in Lincolnshire, Illinois, and is a mail-in order office
supply company that is owned by Staples, Inc.
1. Quill maintains distribution centers throughout the United States.
b. Quill accepts orders by fax, online, and by telephone.
21. Angelo managed the Township’s Quill account in order to maintain the Township’s
office supplies.
a. Angelo ordered Township supplies online from her Township computer since
at least 2009.
22. Quill offers customers free gift/reward items for submitting a qualifying order.
a. The free gift/reward items are listed along with the qualifying order at the
time of purchase.
23. From the time period of November 5, 2008, to July 27, 2013, Quill provided and
shipped the Township at least 206 items as free gifts/rewards.
a. Quill assigned a value to these free gifts/rewards which totaled
approximately $1,388.46.
b. The Township was not assessed a fee or billed/invoiced for the items.
Angelo, 13-024
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c. The free gift/reward items were listed on Township billing statements
documenting the Township purchases of office supplies from Quill.
1. The free gift/reward items of value included electronics, cookies,
kitchenware, and manufacturer rebates/coupons.
d. The free gift/reward items were not located upon a review of Township
inventory.
24. The Board of Supervisors was not aware that Quill offered free gift/reward items for
qualifying orders.
a. Angelo asserts that the Supervisors were aware of the gift/reward items and
that the Supervisors considered them “junk to be discarded” and/or directed
the consumables be distributed among employees.
b. Angelo made available to Township personnel the free food items (cookies,
popcorn, and candy) that were received from Quill.
1. The food items were placed in the Township building (kitchen,
conference room) for the benefit of Township employees.
25. Quill orders were shipped directly to the Township building.
a. Township staff, including Angelo, was responsible for receiving Quill
shipments and verifying the order contents.
1. On occasion, Hollick would sign and open Quill packages in the
absence of Angelo.
b. The free gift/reward items were shipped to the Township along with the
respective supplies ordered.
26. Angelo, in her position as the Township Zoning Officer/Assistant
Secretary/Treasurer, was responsible for the distribution of office supplies ordered
from Quill.
a. Office supplies were distributed to employees at their respective work
stations and/or kept in the Township storage room located within the
Township municipal building.
1. Each Township employee had access to the Township storage room.
2. An inventory of Township office supplies was not maintained.
THE FOLLOWING FINDINGS ARE IN RELATION TO ALLEGATIONS THAT ANGELO
UTILIZED TOWNSHIP RESOURCES AND EQUIPMENT FOR THE FURTHERANCE OF
HER PERSONAL INTERNET BUSINESS.
27. The Township office staff each have access to, and utilize, various pieces of office
equipment to perform the Township’s day-to-day operations.
a. Manual Section 15.1 (c) sets forth:
The computer, electronic mail system and the Internet are to
be used by Employees in conducting Township business and
are not for an Employee’s personal use. Exceptions may be
Angelo, 13-024
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granted with prior approval from the Employee’s supervisor or
the Board of Supervisors.
1. The Board of Supervisors permitted employees to engage in limited
personal use of the Township’s computer/internet provided it \[did\] not
impede \[performance of\] their daily duties/responsibilities.
28. Angelo utilized a Township-owned desktop computer and monitor (“Township
Computer”) to perform the day-to-day functions of the Zoning Officer and Assistant
Secretary/Treasurer.
29. Office staff employees each have their own personalized username and password
to access Township owned computers.
a. Angelo’s username was “cjturley.”
*
b. Angelo’s maiden name is Turley. “cjturley” represents Cynthia J. Turley.
*
\[Cf., Fact Finding 33 c.\]
30. Since at least 2008, Comcast has been the Township’s internet service provider.
31. eBay is an online marketplace, founded in 1995, that enables individuals and small
businesses to buy and sell products.
a. eBay can be accessed electronically through any internet connected device
(e.g., computer, smartphone, tablet).
b. eBay requires a user to register in order to buy/sell products.
1. Registration requires the submission of a name, email address and
password.
32. PayPal is owned by eBay and serves as an e-commerce business that allows
payments and money transfers to be made through the internet.
a. eBay account holders utilize PayPal to perform money transfers associated
with the buying/selling of eBay posted products.
1. PayPal may be used for money transfers for internet sales other than
eBay.
b. PayPal accounts are created by providing name, address, phone number,
email, password, and the association of a separate financial account for fund
deposits/withdrawals.
33. Angelo registered username “cjturely64” with eBay on August 28, 2007.
a. eBay records reflect Angelo registered two shipping addresses to her
“cjturely64” account:
1. Angelo’s residential address (registered August 2007);
2. Township Municipal Building’s address (registered January 2008).
b. The Township did not order from eBay or utilize eBay’s services in its day-to-
day operations.
Angelo, 13-024
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*
c. Angelo’s user name reflects her initials (C.J.), maiden name (Turely) and
year of birth (1964).
*
\[Cf., Fact Finding 29 b.\]
34. Angelo received and shipped packages in relation to her eBay account at the
Township building.
35. Angelo created a PayPal account on June 22, 2010, with the registered username
“cjturely64.”
a. Visa credit card account \[account information redacted\] is registered to
Angelo’s PayPal account.
*
36. At the May 2, 2013, Board of Supervisors special meeting, the Board accepted
Whipkey’s resignation as Supervisor and Township Secretary/Treasurer.
a. The Board unanimously approved the appointment of Angelo as the
Township Right-to-Know Officer at the May 2, 2013, special meeting.
*
\[Cf., Fact Finding 4.\]
37. On May 9, 2013, Supervisor Komar contacted CPA/CFE Rae Ann Tronetti
(“Tronetti”) to submit a proposal for professional services and additional services, to
include Tronetti fulfilling the responsibilities of the Secretary/Treasurer until a
permanent replacement was appointed.
a. Whipkey’s resignation resulted in the Board pursuing a forensic examination
of Township accounts managed by Whipkey.
38. At the May 28, 2013, Board of Supervisors special meeting, the Board appointed
Angelo as the interim Secretary/Treasurer at a rate of $2.00 per hour (in addition to
her regular hourly rate) until July 1, 2013, for work performed as the acting
Secretary/Treasurer and hired Tronetti for the performance of professional services.
39. Tronetti’s examination into the possible misappropriation of Township funds by
Whipkey commenced on May 29, 2013.
a. The examination included interviews of Township officials/employees,
including Angelo, and reviews of various Township financial/accounting
documents.
40. Professional services performed by Tronetti ultimately involved review of at least
two Township computers (computers utilized by Whipkey and Angelo).
a. Tronetti’s examination discovered that Angelo had been utilizing her own
personal back-up hard drive to save electronic files, and that Angelo was
conducting personal eBay business on the Township owned computer.
1. It was later confirmed by Tronetti that Angelo did conduct eBay sales
from her Township computer.
41. On July 18, 2013, Tronetti conducted a review of Angelo’s external hard drive to
determine the extent of Angelo conducting personal eBay business during
Township work hours.
Angelo, 13-024
Page 9
a. The review revealed various non-business related internet sites that were
accessed by Angelo, including eBay, PayPal, Facebook, and Yahoo.
1. The greatest number of hits was to URL (web address) “My E-bay All
Selling” site.
aa. The site was hit 17,607 as of May 31, 2013.
bb. A “hit” is a single request for a file from a web server.
2. The course of time that the 17,607 “hits” accumulated could not be
determined due to deleted internet history from the external hard
drive.
42. The external hard drive review discovered Angelo accessed seven hundred and
forty-two (742) eBay web addresses.
a. The web addresses included hits on Welcome to eBay; My eBay All Selling;
My eBay Watch List; My eBay Unsold/Sold; My eBay Messages-Inbox; My
eBay Summary; eBay Feedback Profile for CJTurley64; Print Shipping
Labels.
43. Tronetti’s review determined that Angelo operated an online eBay store under the
username CJTurley64.
a. Tronetti’s review alleged that Angelo’s eBay store listed Township owned
property for sale.
1. The external hard drive review reflected Angelo visited eBay web
addresses that are associated with eBay seller activity (i.e., My
eBay All Selling; My eBay Watch List; My eBay Unsold/Sold; My
eBay Messages-Inbox; My eBay Summary; Print Shipping Labels).
b. The results of the review were presented to Komar on or about July 19, 2013.
44. On the dates of August 16, 2013, and August 20, 2013, Township officials and
Tronetti met with representatives of Wessel & Company CPA and Business
Consultants.
a. The meeting focused on conduction of a forensic examination of Township
records associated to former Secretary/Treasurer Whipkey and Zoning
Officer & Assistant Secretary/Treasurer Angelo.
45. On September 3, 2013, and September 16, 2013, a Wessel & Company CPA fraud
examination team obtained information and records for the investigation.
a. The information and records included, but were not limited to, the
Township’s desktop computer utilized by Angelo; Computer back up CD’s of
Angelo’s computer; and Invoice listing of items sold from Quill Corporation.
b. A mirror image of the computers utilized by Angelo was generated on
September 16, 2013, using Encase Forensic software.
46. Wessel & Company’s review of the Township computer utilized by Angelo
discovered that from November 29, 2012, to June 4, 2013, the username “cjturely”
accessed over 4,400 web addresses.
Angelo, 13-024
Page 10
a. eBay web addresses were accessed eight hundred forty-one (841) times.
b. Seven hundred thirty-six (736) eBay web addresses were accessed during
Angelo’s regular business hours (7:30 a.m. to 3:30 p.m.)
47. Wessel & Company’s review of the Township computer utilized by Angelo
discovered seven hundred and seven (707) photos of items to be posted on
Angelo’s eBay site.
a. The review lists the specific time the photo was last uploaded to the
computer.
b. Six hundred and fifteen (615) of the seven hundred and seven (707) items
were uploaded to the computer during Angelo’s normal working hours (7:30
a.m. to 3:30 p.m.)
c. Angelo uploaded photos to her Township computer that were associated
with her personal eBay business.
48. eBay records, covering the time period of April 10, 2011, to November 9, 2013,
reflect user ID CJTurely64 posted six thousand two hundred fifty-eight (6,258) items
for sale.
a. eBay user CJTurely64 posted at least eight hundred and ninety-nine (899)
items on eBay from the Township IP address.
b. Six hundred sixty-six (666) of the eight hundred and ninety-nine (899) items
were posted during Angelo’s regularly scheduled work hours (7:30 a.m.-3:30
p.m.)
1. The last item was posted on April 25, 2013, at 2:47 p.m.
49. Angelo listed no less than one hundred thirty-five (135) Township items for sale via
her eBay site.
50. Forty (40) of the one hundred thirty-five (135) items were listed from the Township’s
IP address.
1. Twenty-seven (27) of the forty (40) listings were posted during
Angelo’s regularly scheduled work hours (7:30 a.m.-3:30 p.m.)
2. The forty (40) listings were posted on thirty (30) separate work days.
b. The value of the items presented to the Township from Quill and
subsequently listed for sale by Angelo totaled $963.97.
1. A determination could not be made as to how many items were
purchased by eBay users.
51. On or about April 15, 2010, Whipkey purchased, via his personal MasterCard, an
HP 10.1” Mini 6-Cell Notebook, Win.7, 1GB RAM, 250GB HD (hereafter, “Netbook”)
for the amount of $470.34 to perform work related to the Secretary/Treasurer
position.
a. The Township reimbursed Whipkey the full amount of $470.34 via
check#15355.
Angelo, 13-024
Page 11
52. The Netbook was maintained in Whipkey’s office up until the time Whipkey
resigned his position as the Secretary/Treasurer in May 2013.
53. Angelo obtained possession of the Netbook after Whipkey resigned from the
Township.
a. Angelo maintained possession of the Netbook without the authorization of
the Board after her employment with the Township ceased in July 2013.
54. The Netbook was listed under eBay username “CJTurley64” on June 25, 2013, from
Angelo’s IP address of 71.60.154.217.
a. The Netbook sold for $51.00 to an eBay user on July 25, 2013.
b. Angelo’s PayPal account posted a payment received on July 3, 2013, in the
amount of $63.79 for the sale of the Netbook.
1. The difference of $12.79 from the sale price of $51.00 and the PayPal
payment received of $63.79 is believed to be postage.
55. eBay records for user CJTurely64 covering the time period of 2009 to 2013 were
requested in association with the investigation.
a. eBay was able to produce records of listing/activity for the CJTurley64
account for the time period of April 10, 2011, to November 9, 2013.
1. eBay account listing/activity for the time period of 2009 to April 11,
2011, was not provided.
56. Angelo’s PayPal account records, covering the time period of June 21, 2010, to
November 5, 2013, reflect one hundred thirty-two (132) actions (i.e., login, logout,
web download) performed during sixty-five (65) work days from the Township IP
address.
a. The first recorded action from the Township IP address occurred on
February 23, 2012, with the last action occurring on May 28, 2013.
b. Eighty (80) of the one hundred thirty-two (132) actions were performed
during Angelo’s regularly scheduled work hours (7:30 a.m.-3:30 p.m.).
57. Angelo accessed her PayPal account for multiple purposes at varying times,
including monitoring of payments received from her personal eBay account,
CJTurely64.
a. A complete assessment of instances when Angelo accessed PayPal
specifically to monitor her personal eBay account, CJTurley64, could not be
determined.
58. Angelo’s PayPal records covering the time period of July 15, 2012, to November 15,
2013, reflect a total of six hundred and thirty-six (636) payments received in the
total amount of $7,608.40.
a. The PayPal records identify eighty-two (82) items of the six hundred and
thirty-six payments received.
Angelo, 13-024
Page 12
1. The records do not specifically list whether each payment received
accounts for one item.
59. Angelo has maintained internet service at her residence through Comcast since at
least 2009.
a. Angelo has the equipment and resources to manage her personal eBay
account from her residence.
60. Angelo was interviewed by Commission Investigator(s) on April 8, 2014, and
provided the following statements:
a. Angelo claimed somebody had accessed her Township computer via her
username/password on at least a couple occasions prior to April 2013;
b. Angelo claimed to have received permission at the beginning of her tenure
from Whipkey \[to\] keep Quill gift/reward items;
c. Angelo admitted she did not request permission from Whipkey for each
instance she took ownership of a Quill gift/reward item after receiving the
initial authorization from Whipkey early in her tenure;
d. Angelo and a Ligonier Township Municipal Authority employee claimed
certain Quill gift/reward items for themselves;
e. Since at least 2009, Angelo claimed she did not open all Quill packages or
distribute all of the supplies received by the Township;
f. Angelo claimed to have accessed her personal eBay account during her
lunch period and prior to/after regular business hours;
g. Angelo claimed Whipkey owned the Netbook when he initially provided her
the Netbook to fix, and subsequently gave Angelo the Netbook after she
determined she could not repair it.
THE FOLLOWING FINDINGS RELATE TO DISCREPENCIES ON ANGELO’S
STATEMENT OF FINANCIAL INTERESTS FORMS FOR CALENDAR YEARS 2008,
2009, 2010, 2011, AND 2012.
61. Section 1104(a) of the State Ethics Act sets forth that public officials are to file a
Statement of Financial Interests (“SFI”) form with the governing authority of the
political subdivision within which appointed or elected no later than May 1st of each
year that the individual holds such a position and of the year after the individual
leaves such a position.
a. Angelo served as the Ligonier Township Zoning Officer from October 7,
1997, to July 25, 2013.
62. On September 16, 2013, a Statement of Financial Interests compliance review was
conducted for Ligonier Township.
a. Statement\[s\] of Financial Interests could not be located for Angelo and none
were on file for calendar years 2008, 2009, 2010, 2011, and 2012,
concerning her position as the Township Zoning Officer or any other
Township position.
Angelo, 13-024
Page 13
63. On January 27, 2014, the Harrisburg Central Office received, via US Mail, a letter
dated January 16, 2013, from Angelo that: “\[she\] prepared new ones since it
appears the original filed copies and my personal copies were left at the Township
Building and I no longer have access to those files since my discharge.”
a. Angelo enclosed SFIs for calendar years 2008-2014 with the letter.
b. The SFIs were completed subsequent to Angelo being notified by the
Investigative Division of the State Ethics Commission of her failure to file.
III.DISCUSSION:
In her capacities as: (1) the Ligonier Township (“Township”) Zoning Officer from
1997 until July 25, 2013; (2) the Township Assistant Secretary/Treasurer from 1997 to May
28, 2013; and (3) the Township interim Secretary/Treasurer from May 28, 2013, until July
25, 2013, Respondent Cynthia Angelo, also referred to herein as “Respondent,”
“Respondent Angelo,” and “Angelo,” has been a public official/public employeesubject to
the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. §
1101 et seq.
The allegations are that Respondent Angelo violated Section1103(a) and Section
1104(a) of the Ethics Act: (1) when she utilized Township equipment and facilities during
her working hours for the Township in furtherance of a personal internet based business;
(2) when she converted tangible Township/public property for her own purposes; and (3)
when she failed to file Statements of Financial Interests (“SFIs”) relevant to her public
office/public employment with the Township for calendar years 2008 through 2012.
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.
Angelo, 13-024
Page 14
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 Township is governed by a three Member Board of Supervisors (“Board”).
Respondent served as the Township Zoning Officer from 1997 until July 25, 2013.
Additionally, Respondent served as the Township Assistant Secretary/Treasurer from 1997
to May 28, 2013. As the Township Assistant Secretary/Treasurer, Respondent was
supervised by Township Supervisor and Secretary/Treasurer Keith Whipkey (“Whipkey”)
from 1997 until Whipkey resigned in May 2013. Following Whipkey’s resignation,
Respondent served as the Township interim Secretary/Treasurer from May 28, 2013, until
July 25, 2013.
Respondent was a salaried employee and was compensated for working at least 35
to 37.5 hours per week. Respondent’s regular office hours at the Township municipal
building were from 7:30 a.m. to 3:30 p.m. with the exception of Wednesdays, when she
was to work 8:00 a.m. to 3:30 p.m. Respondent was permitted to “flex” her regular work
hours to attend to personal errands.
Respondent’s duties/responsibilities as Assistant Secretary/Treasurer included
ordering office supplies. Respondent had the autonomy to order Township office supplies
without the review or approval of Whipkey and/or the Board. Respondent ordered
Township office supplies from the Quill Corporation (“Quill”), which offers customers free
gift/reward items for submitting a qualifying order. From November 5, 2008, to July 27,
2013, Quill provided and shipped to the Township at least 206 items as free gifts/rewards.
Quill valued these items at approximately $1,388.46. Township staff members, including
Respondent, were responsible for receiving Quill shipments and verifying the contents of
orders. The free gift/reward items were not located upon a review of Township inventory.
Although the parties have stipulated the Board was not aware that Quill offered free
gift/reward items for qualifying orders, Respondent asserts that the Supervisors were
aware of the gift/reward items and that the Supervisors considered them “junk to be
discarded” and/or directed that the consumables be distributed among employees.
Respondent made available to Township personnel the free food items that were received
from Quill.
Township employees were permitted by the Board to engage in limited personal use
of the Township’s computer/internet provided it did not impede performance of their daily
duties/responsibilities. Each Township office staff employee has a personalized username
and password to access Township owned computers. Respondent utilized the username
“cjturley” to access her Township computer.
Respondent registered the username “cjturely64” with eBay on August 28, 2007.
Respondent created a PayPal account on June 22, 2010, with the registered username
“cjturely64.”
Angelo, 13-024
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In January 2008 Respondent registered the Township municipal building address as
one of the shipping addresses under her “cjturely64” account with eBay. The Township
did not order from eBay or utilize eBay’s services in its day-to-day operations. Respondent
received and shipped packages in relation to her eBay account at the Township building.
Following Whipkey’s resignation in May 2013 from the positions of Township
Supervisor and Township Secretary/Treasurer, the Board arranged for the Township
computers utilized by Whipkey and Respondent to be examined. It was determined that
Respondent operated an online eBay store under the username “CJTurley64” and
conducted personal eBay business on the Township owned computer. Respondent
accessed 742 eBay web addresses. A “My E-bay All Selling” site was “hit” 17,607 times as
of May 31, 2013. From November 29, 2012, to June 4, 2013, the username “cjturely”
accessed eBay web addresses using the Township computer 841 times, with 736 eBay
web addresses accessed during Respondent’s regular business hours. The review of the
Township computer utilized by Respondent discovered 707 photos of items to be posted
on Respondent’s eBay site, with 615 of such items uploaded during Respondent’s normal
working hours. eBay user CJTurely64 posted at least 899 items on eBay from the
Township IP address, with 666 of the 899 items posted during Respondent’s regularly
scheduled work hours.
Additionally, Respondent listed no less than 135 Township items for sale via her
eBay site. Forty of the 135 items were listed from the Township’s IP address, and 27 of
those listings were posted during Respondent’s regularly scheduled work hours. The 40
listings were posted on 30 separate work days. The value of the items presented to the
Township from Quill and subsequently listed for sale by Respondent totaled $963.97. A
determination could not be made as to how many items were purchased by eBay users.
After Respondent’s employment with the Township ceased in July 2013,
Respondent maintained possession of an HP 10.1” Mini 6-Cell Notebook (“Netbook”) that
Whipkey had utilized to perform work related to the Township Secretary/Treasurer
position. The Township had reimbursed Whipkey the full purchase price of the Netbook,
specifically, $470.34. Respondent maintained possession of the Netbook without the
authorization of the Board. On June 25, 2013, the Netbook was listed for sale under eBay
username “CJTurley64” from Respondent’s IP address. The Netbook sold for $51.00 to an
eBay user on July 25, 2013.
Respondent’s PayPal account records reflect 132 actions (i.e., login, logout, web
download) performed during 65 work days from the Township IP address from February
23, 2012, through May 28, 2013. Of these 132 actions, 80 were performed during
Respondent’s regularly scheduled work hours.
Respondent’s PayPal records covering the time period of July 15, 2012, to
November 15, 2013, reflect a total of 636 payments received in the total amount of
$7,608.40. The PayPal records identify 82 items of the 636 payments received. The
records do not specifically list whether each payment received accounts for one item.
Respondent has maintained internet service at her residence through Comcast
since at least 2009. Respondent has the equipment and resources to manage her
personal eBay account from her residence.
Respondent was interviewed by Commission Investigator(s) on April 8, 2014, and
claimed to have received permission from Whipkey at the beginning of Respondent’s
tenure to keep Quill gift/reward items. Respondent claimed to have accessed her personal
eBay account during her lunch period and prior to/after regular business hours.
Respondent claimed Whipkey owned the aforesaid Netbook when he initially provided it to
Angelo, 13-024
Page 16
her to fix, and subsequently gave Respondent the Netbook after she determined she could
not repair it.
On September 16, 2013, an SFI compliance review was conducted for the
Township. No SFIs were on file for Respondent for calendar years 2008, 2009, 2010,
2011, and 2012. On January 27, 2014, the Commission’s Harrisburg Central Office
received from Respondent, via US Mail, SFIs for calendar years 2008-2014. The SFIs
were completed subsequent to Respondent being notified by the Investigative Division of
this Commission of her failure to file.
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 no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Angelo utilizing
Township equipment and facilities during her
normal working hours in furtherance of a
personal internet based business, in that
insufficient clear and convincing evidence is
available to substantiate a violation.
b. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Angelo
converting tangible Township/public property for
her own purposes, in that insufficient clear and
convincing evidence is available to substantiate
that any private pecuniary benefit was beyond a
de minimis amount.
c. 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 Angelo failing to
file Statement\[s\] of Financial Interests relevant to
her public office/public employment with Ligonier
Township for calendar years 2008 through 2012.
4. Angelo agrees to make payment in the amount of $500.00 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. Angelo has filed complete and accurate Statements of
Financial Interests with Ligonier Township and the
Pennsylvania State Ethics Commission, for calendar years
2008 through 2013.
6. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
Angelo, 13-024
Page 17
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 2.
In considering the Consent Agreement, we accept the recommendations of the
parties for a finding of no violation as to the Section 1103(a) allegations.
With regard to the allegation that Respondent utilized Township equipment and
facilities during her normal Township working hours in furtherance of a personal internet
based business, given that: (1) Township employees were permitted by the Board to
engage in limited personal use of the Township’s computer/internet provided it did not
impede performance of their daily duties/responsibilities; (2) Respondent was permitted to
“flex” her regular work hours to attend to personal errands; (3) Respondent claimed to
have accessed her personal eBay account during her lunch period and prior to/after
regular business hours; and (4) the evidence does not enable an accurate calculation of a
private pecuniary benefit as to this allegation, we accept the recommendation of the
parties for a finding of no violation of Section 1103(a).
We hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
occurred in relation to the allegation that Respondent utilized Township equipment and
facilities during her normal Township working hours in furtherance of a personal internet
based business, based upon an insufficiency of evidence.
As for the second allegation regarding conversion of tangible Township/public
property, the value of the items presented to the Township from Quill and subsequently
listed for sale by Respondent totaled $963.97. A determination could not be made as to
how many of these items were actually purchased by eBay users. Additionally, the
Netbook sold for only $51.00.
We hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
occurred in relation to the allegation that Respondent converted tangible Township/public
property for her own purposes, based upon an insufficiency of evidence to substantiate
that any private pecuniary benefit was beyond a de minimis amount.
We agree with 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 Respondent failing to file SFIs
relevant to her public office/public employment with the Township for calendar years 2008
through 2012.
As part of the Consent Agreement, Respondent has agreed to make payment in the
amount of $500.00 in settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of
the final adjudication in this matter.
Respondent has now filed complete and accurate SFIs with Ligonier Township and
this Commission, for calendar years 2008 through 2013.
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.
Angelo, 13-024
Page 18
Accordingly, per the Consent Agreement of the parties, Respondent Angelo is
directed to make payment in the amount of $500.00 payable to the Commonwealth of
th
Pennsylvania and forwarded to this Commission 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. In her capacities as: (1) the Ligonier Township (“Township”) Zoning Officer
from 1997 until July 25, 2013; (2) the Township Assistant
Secretary/Treasurer from 1997 to May 28, 2013; and (3) the Township
interim Secretary/Treasurer from May 28, 2013, until July 25, 2013,
Respondent Cynthia Angelo (“Angelo”) has been a public official/public
employeesubject to the provisions of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
occurred in relation to the allegation that Angelo utilized Township
equipment and facilities during her normal Township working hours in
furtherance of a personal internet based business, based upon an
insufficiency of evidence.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
occurred in relation to the allegation that Angelo converted tangible
Township/public property for her own purposes, based upon an insufficiency
of evidence to substantiate that any private pecuniary benefit was beyond a
de minimis amount.
4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a),
occurred in relation to Angelo failing to file Statements of Financial Interests
relevant to her public office/public employment with the Township for
calendar years 2008 through 2012.
In Re: Cynthia Angelo, : File Docket: 13-024
Respondent : Date Decided: 1/27/15
: Date Mailed: 2/10/15
ORDER NO. 1650
1. Cynthia Angelo (“Angelo”)--a public official/public employee in her capacities as
Zoning Officer, Assistant Secretary/Treasurer and interim Secretary/Treasurer for
Ligonier Township, Westmoreland County--did not violate Section 1103(a) of the
Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in
relation to the allegation that she utilized Township equipment and facilities during
her normal Township working hours in furtherance of a personal internet based
business, based upon an insufficiency of evidence.
2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to the allegation that Angelo converted tangible Township/public property
for her own purposes, based upon an insufficiency of evidence to substantiate that
any private pecuniary benefit was beyond a de minimis amount.
3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in
relation to Angelo failing to file Statements of Financial Interests relevant to her
public office/public employment with the Township for calendar years 2008 through
2012.
4. Per the Consent Agreement of the parties, Angelo is directed to make payment in
the amount of $500.00 payable to the Commonwealth of Pennsylvania and
forwarded to the Pennsylvania State Ethics Commission by no later than the
th
thirtieth (30) day after the mailing date of this Order.
5. Compliance with paragraph 4 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,
___________________________
Nicholas A. Colafella, Chair