HomeMy WebLinkAbout1651 Pickron
In Re: NeSheena Pickron, : File Docket: 13-017
Respondent : X-ref: Order No. 1651
: 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.” 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 NeSheena Pickron, in her capacity as Director of Philadelphia Asset and
Property Management Corporation (“PAPMC”) of the Philadelphia Housing Authority
(“PHA”), violated \[Section 1103(a), Section 1104(a), and Section 1105(b)(6)\] of the State
Ethics Act (Act 93 of 1998) when she used the authority of her public position to obtain a
private pecuniary benefit for herself and/or members of her immediate family by soliciting
and/or accepting gifts from Greenscape Landscape Contractors, Inc., and/or Robert
Damerjian, who were serving as vendors/contractors of PAPMC and/or PHA, at a time
when those vendors/contractors had an ongoing business relationship with PAPMC and/or
PHA, and Pickron was charged with oversight responsibility of said vendors/contractors;
and when Pickron utilized the authority of her office to direct PHA employees to conduct
home repairs and/or vehicle repairs to Pickron’s personal residence/vehicle, during normal
business hours of the PHA, at a time when said PHA employees were compensated from
public funds, resulting in a pecuniary benefit to Pickron and/or members of her immediate
family; and when Pickron failed to make proper disclosure of gifts received in relation to
her public position on a Statement of Financial Interests form for the 2011 calendar year;
and when Pickron failed to file a Statement of Financial Interests form for calendar year
2013 regarding her service with PAPMC and/or PHA.
II.FINDINGS:
1. Nesheena Pickron (“Pickron”) was employed with the Philadelphia Housing
Authority (“PHA”) from 1999 until April 10, 2013.
Pickron, 13-017
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a. Pickron held the position of Intern and Technical Aide from 1999 until 2003.
b. Pickron served as a Property Manager from 2003 until 2006.
c. Pickron was the Philadelphia Asset and Property Management Corporation
(“PAPMC”) Regional Property Manager from 2006 until 2010.
d. Pickron held the position of Supervisory Property Manager for PAPMC from
2010 until 2013.
2. On May 27, 2004, the PHA Board of Commissioners (“Commissioners”) approved
Resolution No. 10974 authorizing the Executive Director or his designee to take all
steps necessary to create and to provide for the formation of a non-profit
corporation affiliated with PHA as a single purpose entity in connection with the
operation, management and administration of certain developments.
a. Subsequent to the passage of Resolution No. 10974, the Commissioners
formed PAPMC.
3. Articles of Incorporation for PAPMC were filed with the Corporation Bureau of the
Pennsylvania Department of State on August 3, 2004.
rd
a. PAPMC’s address, 12 South 23 Street, Philadelphia, PA 19103, is the
same as that of PHA.
4. PAPMC was established and organized as a non-profit corporation for charitable,
scientific, literary and educational purposes within the meaning of § 501(c)(3) of the
Internal Revenue Code.
a. The corporation provided property, asset, administrative and operational
management services and ancillary services related thereto for projects
providing affordable housing for low and moderate income persons and
families.
b. The corporation was empowered to accept gifts, grants, devices, or bequests
of funds, or any other property from any public or other governmental body
and any private person, who shall include but not be limited to private and
public foundations, corporations and individuals.
5. PAPMC was created as a quasi-governmental entity to manage seventeen (17)
PHA housing developments with about 1,600 housing units.
a. PHA Executive Director Carl Greene served as PAPMC Executive Director
and appointed PAPMC Board Members.
1. Those who served on the PAPMC Board were PHA employees
supervised by Greene.
6. By-laws established for PAPMC on August 31, 2004, included, in part, the
following:
a. Three (3) to five (5) Board Members were appointed by the Executive
Director.
b. Regular meetings were held annually and special meetings could be called
by the Board of Directors.
Pickron, 13-017
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7. By-laws for PAPMC included General and Specific Powers:
a. General Powers – The Board of Directors shall have all the power and
authority granted by law to the Board, including all powers necessary or
appropriate to the management of the business and affairs of the
Corporation.
b. Specific Powers – Without limiting the general powers conferred by the last
preceding clause and the powers conferred by the Articles and By-laws of
the Corporation, it is hereby expressly declared that the Board of Directors
shall have the following powers:
1. To confer upon any officer or officers of the Corporation the power to
choose, remove or suspend assistant officers, agents or servants.
2. To appoint any person, firm or corporation to accept and hold in trust
for the Corporation any property belonging to the Corporation or in
which it is interested, and to authorize any such person, firm or
corporation to execute any documents and perform any duties that
may be requisite in relation to any trust.
3. To approve and authorize the borrowing of money and the granting of
security interests in the personal property and mortgages on the real
estate of the Corporation as security for the repayment of loans and
interest thereon.
4. To purchase, sell, lease, mortgage, pledge, transfer in trust, and
otherwise deal with real and personal property of the Corporation.
5. To appoint a person or persons to vote shares of another corporation
held and owned by the Corporation.
8. The By-laws of PAPMC include a Conflict of Interests Policy which provides the
following:
a. The Corporation recognizes that the skills, talents and relationships of its
officers and directors are among its richest assets. The Corporation is also
aware that acquiring goods or services from, or engaging in transactions
with, its officers, directors and members of their families or entities in which
they have a financial interest or in which they are affiliate may create an
appearance of impropriety. In order to protect the Corporation against any
improper appearance, the Corporation adopts a conflicts of interest policy as
set forth in this Article. The purpose of the conflicts of interest policy is to
protect the interests of the Corporation when it is contemplating entering into
a transaction or arrangement that might benefit the private interest of an
officer or director of the Corporation. This policy is intended to supplement
but not replace any applicable state laws governing conflicts of interest
applicable to nonprofit and charitable corporations.
9. PHA’s public housing rental portfolio included PHA-owned properties and
PAPMC/Tax Credit properties.
a. PHA-owned sites included conventional developments and scattered site
properties.
Pickron, 13-017
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b. PAPMC \[properties\] included all Limited Partnership Low Income Housing
Tax Credit (“LIHTC”) properties.
10. Pickron’s job description as a Supervisory Property Manager for PAPMC from 2010
through 2013 contained the following job duties:
a. Manages property management staff at assigned properties to ensure an
excellent property environment and that leasing standards meet or exceed
the Asset Management Plan for each site.
b. Ensures recertifications, lease renewals and tenant income certifications are
accurate and completed on time.
c. Oversees waitlist process for PAPMC properties.
d. Develops, supervises and monitors staff performance and productivity;
documents performance deficiencies and coordinates discipline with human
resource management.
e. Prepares capital and operational budgets for area-wide activities and
functions; manages operating cost and expenses.
f. Formulates and implements management, maintenance and service delivery
policies for residential units.
g. Provides organizational input to the strategic and capital planning
processes.
h. Ensures conformance with established Real Estate Assessment Center
(REAC), Pennsylvania Housing and Finance Agency (PHFA) and Investor
regulations and reporting requirements for each governing entity.
i. Assists in administering PAPMC contracts and with solicitations for goods
and services required by PAPMC business units.
j. Recommends establishment of new or revised housing programs to
executives to increase PAPMC effectiveness.
k. Stays abreast of new trends and innovations in the field of property
management.
l. Performs related duties and responsibilities as assigned.
11. Pickron’s LinkedIn webpage of June 23, 2014, identified her work experience as a
Director for PHA/PAPMC from October 2010 through April 2013 and outlined her
duties as follows:
a. Responsible for the performance and compliance of 23 developments, which
consist of 1,980 multi-families/senior properties syndicated through the Low
Income Housing Tax Credit Program (“LIHTC”) comprised of 12 site-based
management offices.
b. Provided compliance oversight of an additional 1206 public housing units
managed by third party management agents receiving federal subsidies
through PHA.
Pickron, 13-017
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c. Planned, organized and directed the day-to-day property management
operations and staff as it \[sic\] related to enforcing rent collection policies and
processing and completing recertifications.
d. Managed waitlist of over 30,000 applicants, monitored expenses and
turnover of vacant units, ensured maintenance service requests were
completed timely.
e. Assigned staff, facilitated training, administered contracts, reviewed and
approved budgets for 23 properties and provided oversight to 6 commercial
properties.
12. Contracts awarded by PAPMC for services were processed pursuant to the PHA
Procurement Policy.
a. As of 2002, the PHA Procurement Policy provided that no contract over
$100,000 or contract modifications in excess of $150,000 were to be entered
into by PHA without the approval of the PHA Commissioners.
13. PHA employees and contractors responsible for administering PAPMC contracts
and purchases are required to adhere to the PHA Procurement Policy which
includes a prohibition on the receipt of anything of value from a vendor/contractor.
14. The PHA Procurement Policy, Article IX Ethics in Public Contracting - PHA
Conduct, provides the following regarding the solicitation and/or acceptance of
anything of monetary value:
a. PHA officers, employees or agents shall not solicit or accept gratuities,
favors, or anything of monetary value from contractors, potential contractors,
or parties to subcontracts, and shall not knowingly use confidential
information for actual or anticipated personal gain.
15. Article X of the PHA Procurement Policy, Ethics in Public Contracting – Contractor
Conduct, provides that contractors shall not engage in any improper or unlawful
conduct with respect to PHA bidding and/or contracting, as defined by any law.
a. Violation of this prohibition may result in default, debarment or whatever
other remedies exist under the law or the contract.
16. During Pickron’s term of employment with PHA and PAPMC, she was provided with
employee handbooks on policies and procedures which included standards of
ethical conduct and rules on the receipt of gifts from vendors.
17. Pickron began employment with PHA in or around July 1999 and was provided with
the PHA Human Resources Manual.
a. Pickron signed a receipt acknowledging receiving the PHA Policies and
Procedures Manual but did not date the form.
18. On December 2, 1999, a Revised PHA Human Resources Manual of Policies and
Procedures was issued by PHA Executive Director Carl Greene.
a. Section VIII of the PHA Human Resources Manual of Policies and
Procedures on Employment Standards regarding Disciplinary Policy for
Principles and Considerations on Accepting Gifts of Value includes the
following:
Pickron, 13-017
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Employees may not accept money or gifts of any kind from a resident,
vendor or contractor for any reason.
19. Pickron signed a form on October 25, 2011, acknowledging receipt and her
understanding of PHA’s standards of ethical conduct and selected human resource
policies.
a. Pickron attended a PHA training session which explained PHA’s Standards
of Ethical Conduct, Employee Complaint Procedure, Anti-Fraud Policy,
Outside Employment Policy, Political Activity \[Policy\], Drug Free Workplace
Policy, Workplace Violence Policy and Electronic and Telephonic
Communications Systems Policy.
20. On May 31, 2012, the PHA Board of Commissioners approved an Employee
Handbook which included a section on Standards of Ethical Conduct banning
employees of PHA from soliciting or accepting directly or indirectly any gifts from
any of the following sources:
a. An individual, business, or an officer, director or employee of a business that
is seeking to obtain business from or already has financial relations with
PHA;
b. An individual, business, or an officer, director or employee of a business
whose operations or activities are regulated or inspected by PHA;
c. A tenant in or resident of a PHA housing development project, a participant
in the Housing Choice Voucher program, or any person on a PHA waiting list
for such housing; or
d. An individual, business, or an officer, director or employee of a business
attempting to influence the employee in the performance of his job duties for
PHA \[for\] such pecuniary benefit of the person or business.
21. Pickron acknowledged receipt of the PHA Employee Handbook on July 2, 2012.
22. Robert Damerjian (“Damerjian”) is the President and Treasurer of Greenscape
Landscape Contractors, Inc. (“Greenscape Landscape”).
a. Greenscape Landscape was incorporated on or about March 12, 1991.
b. The corporate address is 139 South Easton Road, Glenside, PA 19038.
23. Greenscape Landscape provides landscaping, snow removal and tree trimming
services for public and private entities.
24. Greenscape Landscape has been contracting with PHA for landscaping, snow
removal and tree trimming since at least 2006.
25. On or around December 10, 2009, PAPMC accepted proposals under Solicitation
No. P-003910 for snow removal services at various PAPMC sites.
26. The various PAPMC locations included in the proposal for Solicitation No. P-
003910 for snow removal were as follows:
Germantown House Cambridge Homes I, II, III
5457 Wayne Ave. 1100 Poplar Street
Philadelphia, PA 19144 Philadelphia, PA 19123
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Suffolk Manor Richard Allen Homes III
1416 Clearview Avenue 1100 Poplar Street
Philadelphia, PA 19141 Philadelphia, PA 19123
Mt. Olivet Lucien Blackwell I, II, III
st
642 N. 41 Street 755 Markoe Street
Philadelphia, PA 19139 Philadelphia, PA 19139
GGFE I, II, and Maintenance Yards Marshall Shepard IV
3001 Glenwood Avenue 755 Markoe Street
Philadelphia, PA 19145 Philadelphia, PA 19139
Nellie Reynolds Gardens Martin Luther King IV
2653 Glenwood Avenue 1172 S. Broad Street
Philadelphia, PA 19121 Philadelphia, PA 19147
Ludlow Phase III
1100 Poplar Street
Philadelphia, PA 19122
27. Greenscape Landscape responded to the proposal for snow removal for PAPMC
under Solicitation No. P-003910 on or around December 10, 2009.
28. On or around March 10, 2010, an evaluation committee made up of PHA/PAPMC
employees, including Keith Caldwell, Pickron, and Dan Quimby, evaluated and
scored the proposal submitted by Greenscape Landscape for snow removal
services pursuant to Solicitation No. P-003910.
a. Keith Caldwell gave a score of 90 out of 100 to Greenscape Landscape.
1. Caldwell’s comments from his scoring sheets include:
a. From past performance company understands requirement.
b. Has manpower, equipment and supervision to perform.
c. Recent work has demonstrated experience in PAPMC.
d. Same as above.
e. Well come Force.
b. Pickron gave a score of 89 out of 100 to Greenscape Landscape.
1. Pickron’s comments from her scoring sheets include:
a. Understands scope of service request as outlined.
b. Knowledgeable staff.
c. Past performance with PHA/PAPMC.
d. MBE.
e. Would recommend.
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c. Dan Quimby gave a score of 87 out of 100 to Greenscape Landscape.
1. Quimby’s comments from his scoring sheets include:
a. Understands requirements.
b. Has sufficient manpower equipment to do job in timely manner.
c. Responds to all requests.
d. The evaluations of Greenscape Landscape were submitted to the PAPMC
Board for approval.
29. Minutes for a PAPMC Board meeting on October 26, 2010, reflect action taken by
the Board to award a contract to Greenscape Landscape.
a. Those present included Carolyn Carter, President of PAPMC, Cat Nguyen,
Diane Rosenthal, Shelley James, Gemela McClendon, and Pickron.
1. Pickron was not a Member of the Board and had no voting authority.
b. A Consent was presented to the Board for snow removal services by
Greenscape Landscape for the corporation covering all PAPMC sites. This
Consent was for a two-year base contract followed by three option years.
The total contract price for the base years plus the option years was not to
exceed $6,985,775.55. Board Members discussed this Consent and
reviewed the proposed pricing. The Board approved and executed this
Consent.
c. The Board action approving the contract with Greenscape Landscape was
based on the recommendations of the committee on which Pickron served.
30. A contract between PAPMC and Greenscape Landscape pursuant to Solicitation
No. P-003910 for snow removal services at various PAPMC sites was formally
signed on December 1, 2010.
a. The terms of the agreement would commence on December 1, 2010, and
would continue until November 30, 2012, unless the work was completed or
terminated earlier by PAPMC. The compensation to be paid to Greenscape
Landscape was not to exceed a total of $6,985,775.55 which included a
payment of $1,397,155.11 for the first year of the contract and a payment of
$1,397,155.11 for the second year of the contract. The total could also
include payments of $1,397,155.11 if PAPMC would exercise its first, second
and third year options.
b. The contract was signed by Damerjian of Greenscape Landscape and
Carolyn Carter, President of PAPMC.
31. Damerjian became acquainted with Pickron and knew her on a professional level as
a result of interacting and dealing with Pickron in her capacity as a Director for
PHA/PAPMC regarding snow removal and landscaping work.
a. Damerjian had more frequent interaction with Pickron after he began
performing services in relation to the contract related to Solicitation No. P-
003910.
Pickron, 13-017
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b. In or around March 2011, Damerjian became aware that Pickron was going
to have a baby and that a baby shower was planned.
c. As a result of his professional relationship with Pickron, Damerjian decided
to purchase a gift for Pickron.
32. On or around March 19, 2011, Damerjian purchased a Visa Gift Card from TD Bank,
Moorestown, New Jersey, \[account number redacted\] in the amount of $750.00
which was intended to be provided to Pickron.
33. On March 25, 2011, Damerjian directed Greenscape Landscape employee Miguel
Ruiz to drop off a package addressed to Pickron at the offices of PHA/PAPMC.
34. The contents of the package addressed to Pickron included the following:
a. Prepaid Visa Gift Card, TD Bank, \[account number redacted\] in the amount
of $750.00.
b. Baby wicker chair with a value of at least $200.00.
c. Stuffed animal (teddy bear).
35. Pickron accepted the gifts given by Damerjian.
36. From April 27, 2011, to April 29, 2011, Pickron made purchases totaling $750.00,
using the Visa Gift Card given to her by Damerjian.
37. From 2010 to 2013, Greenscape Landscape received payments totaling
$1,899,788.89 from PHA/PAPMC as part of Solicitation No. P-003910 for snow
removal services.
38. Greenscape Landscape was awarded other contracts by PHA/PAPMC as follows:
a. August 6, 2009:
Solicitation No. P-003830, landscaping services.
Term of Contract: August 2009 to August 2011.
Total Payments: Not to exceed $2,175,300.00.
b. June 23, 2010:
PHA Contract No. 003960-B, tree removal.
Term of Contract: June 2010 to June 2015.
Total Payments: Not to exceed $3,735,500.00.
c. November 18, 2010:
PHA Contract No. 004022-A, snow removal.
Term of Contract: November 2010 to November 2015.
Total Payments: Not to exceed $1,049,276.00.
d. June 1, 2011:
Solicitation No. P-004055, landscaping services.
Term of Contract: June 2011 to May 2016.
Total Payments: $229,100.00.
e. August 31, 2012:
PHA Contract No. 004093-R-A, fence repair.
Term of Contract: August 2012 to August 2014.
Total Payments: Not to exceed $500,000.00.
Pickron, 13-017
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39. Pickron had no role in evaluating or approving any of the other PHA/PAPMC
contracts that were awarded to Greenscape Landscape.
40. Pickron’s role, in her capacity as Director of PAPMC, included administering the
contract that Greenscape Landscape received for snow removal under Solicitation
No. P-003910.
a. Pickron’s duties included contacting Greenscape Landscape for additional
assistance when needed for snow removal at the various PAPMC sites.
b. Some of these duties occurred \[sic\] at or about the time Pickron received the
gifts from Damerjian/Greenscape Landscape.
41. PHA’s Office of Audit and Compliance became aware of Pickron’s acceptance of
items of value from Damerjian/Greenscape Landscape and initiated an
investigation.
42. Pickron was interviewed on March 25, 2013, by PHA Office of Audit and
Compliance Investigators regarding allegations that Pickron had received gifts from
PHA vendors. Information from that interview disclosed the following:
a. Pickron advised Investigators that she does not deal directly with vendors
except for when vendor invoices are not paid or the scope of work of the
contract has not been met.
b. She was appointed to the committee that included two (2) other PHA
employees and awarded a contract to Greenscape Landscape.
c. Pickron had to resolve issues related to vendors that included dealing with
delays in processing invoices for Greenscape Landscape caused by a lack
of personnel, which eventually became resolved as a result of a vacancy
being filled.
d. She had a fair relationship with Greenscape Landscape CEO Damerjian, but
they did disagree on issues.
e. In response to questions from Investigators regarding if vendors tried to
influence her, Pickron stated her staff did have a baby shower for her in
November 2010. The Business Manager invited everyone, including
contractors. Greenscape Landscape provided a baby rocking chair. She did
not recall the receipt of any other gifts.
f. When asked if she received any other gifts from Greenscape Landscape,
Pickron admitted to receiving cookies during the holidays, and she admitted
that in 2011, Greenscape Landscape sent her wine and tickets, however,
she gave the tickets to the Bureau Contracting Manager.
g. Pickron acknowledged receiving a box from Greenscape Landscape at her
office and claimed only a chair was in the box. After being shown pictures of
the box containing clothing, a Visa Gift Card \[account number redacted\], and
a Greenscape Landscape business card, Pickron admitted to receiving the
clothing but asserted that the Visa Gift Card had been provided to her as a
gift from the PHA Property Managers.
h. Pickron repeatedly denied that the Visa Gift Card was provided by
Greenscape Landscape and accused PHA employees of trying to set her up.
Pickron, 13-017
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Pickron refused to answer any further questions once Investigators provided
her confirmation that the Visa Gift Card had been purchased by an official
from Greenscape Landscape.
43. On March 25, 2013, Pickron received a Notice of Suspension of 15 calendar days
and 10 working days from PHA as Director of PAPMC pending the outcome of an
investigation into her receipt of items from Damerjian.
44. Pickron was terminated from her employment with PHA effective Wednesday, April
10, 2013, for the following reasons:
a. The termination was based on the results of the PHA Office of Audit and
Compliance investigation which concluded that Pickron received gifts from a
PHA contractor and that she used PHA employees to perform private work.
b. The notice of termination cited the following sections of the PHA Employee
Handbook, Human Resource Manual and Code of Conduct as the reasons
for termination:
1. Principles of Ethical Conduct (PHA Employee Handbook, §3
Standards of Ethical Conduct at §3.1 Principal of Ethical Conduct and
§3.2 Specific Prohibited Conduct); Anti-Fraud Policy (PHA Employee
Handbook, §3 Standards of Ethical Conduct at §3.5 Anti-Fraud
Policy); (PHA 1999 Human Resources Manual for Policy and
Procedures, Section V-Category IV); Class Conduct III; Unauthorized
use of Authority property and/or vehicles (major infraction) (PHA
Employee Handbook, §5.5 Discipline); Class Conduct III: Neglect of
Duty (PHA Employee Handbook, §5.5 Discipline); Class Conduct IV:
Fraud and embezzlement (PHA Employee Handbook, §5.5
Discipline); Class Conduct IV: Accepting gifts of value (PHA
Employee Handbook, §5.5 Discipline); and Class Conduct IV: Using
official position for personal profit or advantage (PHA Employee
Handbook, §5.5 Discipline).
45. Pickron, in her position as Director of PAPMC of PHA, accepted gifts, including a
Visa Gift Card, a baby wicker chair, and baby clothing from a PHA/PAPMC
contractor, Greenscape Landscape/Damerjian, within four (4) months of
participating in evaluating and awarding a contract to Greenscape Landscape, a
contractor for which she had oversight responsibility.
a. Pickron accepted the gifts from Greenscape Landscape/Damerjian even
though she was aware of the PHA Human Resources Manual on Policies
and Procedures which prohibited the acceptance of gifts of any kind from a
contractor under any circumstances.
THE FOLLOWING FINDINGS RELATE TO PICKRON’S FAILURE TO PROPERLY
DISCLOSE GIFTS THAT WERE PROVIDED TO HER ON HER STATEMENT OF
FINANCIAL INTERESTS (“SFI”) FOR CALENDAR YEAR 2011 AND HER FAILURE TO
FILE AN SFI FOR CALENDAR YEAR 2013.
46.Pickron, in her capacity as Director of PAPMC of PHA, was annually required to file
st
an SFI form by May 1 containing information for the prior calendar year.
47. Pickron was required to file SFIs for calendar years 2010, 2011, 2012, and 2013 for
the years she served as Director of PAPMC.
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48. Pickron did not file an SFI for calendar year 2013, the year after leaving her
position with PAPMC of PHA.
49. Pickron filed SFIs with PHA/PAPMC for calendar years 2010, 2011, and 2012 with
the following disclosures:
Calendar year: 2010
Filed: 03/01/11 on SEC-1 Rev. 01/11
Public position: Director
Previous position: Regional Manager
Governmental entity: PAPMC/PHA
Occupation: Director
Real estate interests: 1469 Devereaux Avenue, Philadelphia, PA 19141
Creditors: Bank of America, PFCU
rd
Direct or indirect sources of income: PAPMC/PHA, 12 South 23 Street
Gifts: None
Transportation/Lodging/Hospitality: Vehicle
Office, Directorship or Employment in any Business: None
Financial Interests in any Legal Entity in Business for Profit: None
Business Interests Transferred to Immediate Family Member: None
Calendar year: 2011
Filed: 03/29/12 on SEC-1 Rev. 01/12
Public position: Director
Governmental entity: PAPMC/PHA
Occupation: Director
Real estate interests: None
Creditors: Ally Auto, Philadelphia, PA; Student loan, Philadelphia, PA
nd
Direct or indirect sources of income: PAPMC/PHA, 1800 South 32 Street
Gifts: Coworkers/contractors, various, baby shower
Value of gift: $1,000.00
Transportation/Lodging/Hospitality: None
Office, Directorship or Employment in any Business: Director of PAPMC, 1800
nd
South 32 Street
Position held: Director
Financial Interests in any Legal Entity in Business for Profit: None
Business Interests Transferred to Immediate Family Member: None
Calendar year: 2012
Filed: 02/20/13 on SEC-1 Rev. 01/13
Public position: Director
Governmental entity: Philadelphia Housing Authority/PAPMC
Occupation: Director
Real estate interests: None
Creditors: Ally Financial
rd
Direct or indirect sources of income: PHA/PAPMC, 12 South 23 Street; Insurance
Claim
Gifts: None
Transportation/Lodging/Hospitality: None
rd
Office, Directorship or Employment in any Business: Director, 12 South 23
Street
Financial Interest in any Legal Entity in Business for Profit: None
Business Interests Transferred to Immediate Family Member: None
50. Pickron disclosed on the SFI filed for calendar year 2011, the receipt of gifts from
co-workers/contractors for a baby shower in the amount of $1,000.
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a. Pickron did not disclose gifts she received in excess of $250.00 from
Damerjian/Greenscape Landscape.
b. Pickron’s disclosure of those gifts would have subjected her to scrutiny by
PHA.
51. Pickron’s non-disclosure concealed from her employer and the public that she had
received a gift from a PAPMC/PHA contractor whose contracts she was responsible
for administering.
THE FOLLOWING FINDINGS RELATE TO PHA EMPLOYEES DOING PERSONAL
WORK AT PICKRON’S RESIDENCE WHILE ON PHA TIME.
52. PHA employs individuals in various capacities in its Operations Maintenance
Division.
a. Employees in this department perform emergency and routine maintenance
in PHA units throughout Philadelphia.
b. Employees in Advanced Facilities Management have expertise in the
following:
Mechanical: HVAC, plumbing, fire suppression;
Electrical: Includes security, elevators;
Civil: Roadwork, landscape, snow removal; and
Environmental.
53. Pickron’s duties in her capacity as Supervisory Property Manager for PAPMC
included management oversight of staff at assigned PHA properties.
a. This would include personnel in the Maintenance Division.
54. Pickron, as Supervisory Property Manager, directed and/or authorized PHA
employees to perform maintenance repairs/services of a personal nature for her.
a. Some of these services were completed during the employees’ working
hours as PHA employees.
55. Personal services provided to Pickron by PHA employees included electrical
and carpentry work.
56. Anthony Stevenson (“Stevenson”) has been employed with PHA since 1995.
a. Stevenson is employed as a Maintenance Mechanic.
b. Stevenson is responsible for various maintenance matters for PHA and
PAPMC properties.
c. Stevenson is an hourly, full-time employee.
1. Stevenson’s regular work hours are Monday through Friday, 8:00 a.m.
to 4:30 p.m.
2. Stevenson’s rate of pay is $25.00 per hour.
d. Stevenson is a licensed electrician by profession.
Pickron, 13-017
Page 14
57. In or around 2011, Stevenson’s immediate supervisor was Nick Cionci (“Cionci”).
a. Cionci was a PHA Maintenance Supervisor assigned to PAPMC locations.
b. Cionci reported to Pickron as Director of PAPMC.
58. Pickron’s personal residence is located at \[residence address redacted\].
a. Pickron’s residence is neither a PHA nor a PAPMC property.
59. In or around 2011, during his regular workday between the hours of 8:00 a.m. and
4:30 p.m., Stevenson was directed to go to Pickron’s personal residence by Cionci.
a. When Stevenson arrived at Pickron’s residence, he was given access to the
property by Cionci who provided a telephone to Stevenson.
b. Stevenson spoke to Pickron on the telephone, and during the conversation,
Pickron advised Stevenson that she wanted light switches installed for a
ceiling fan that Stevenson was to be installing for her.
1. Pickron directed Stevenson where to install the fan switches.
60. Stevenson spent his entire work day at Pickron’s residence, a total of 8 hours,
installing a ceiling fan that included a junction box, electrical switch, and mounting
box, and running wires through the walls.
a. Stevenson did not utilize leave for installing the ceiling fan at Pickron’s
residence and was paid his hourly wage as an employee of PHA.
b. PHA materials were used by Stevenson when installing the ceiling fan, and
\[the materials\] totaled $56.00, including $6.00 for the cost of the light bulbs.
61. The rate of pay for a licensed union electrician in 2010-2011, according to the
International Brotherhood of Electrical Workers, for the Philadelphia area was
$73.74 per hour.
62. The cost for Pickron to utilize an electrical contractor to install the ceiling fan at her
personal residence instead of using her public position to direct a PHA employee to
complete the service would have been at least $589.92:
a. $73.74 x 8 (hours) = $589.92.
63. Norberto Gonzalez (“Gonzalez”) has been employed with PHA since approximately
1997.
a. Gonzalez is employed as a Maintenance Mechanic.
b. Gonzalez’s duties include rehabilitating various PAPMC locations.
c. Gonzalez is an hourly full-time employee.
1. Gonzalez’s regular work hours are Monday through Friday, 7:30 a.m.
to 4:00 p.m.
2. Gonzalez’s rate of pay is $23.00 per hour.
d. Gonzalez’s immediate supervisor in 2011 was Cionci.
Pickron, 13-017
Page 15
64. In or around 2011, immediately after Stevenson installed a ceiling fan in Pickron’s
residence, Gonzalez was directed by Cionci to go to Pickron’s residence at
\[residence address redacted\] to do private work for Pickron.
a. Gonzalez was not aware that \[residence address redacted\] was Pickron’s
residence.
1. Gonzalez did not become aware it was Pickron’s residence until after
he started moving furniture and saw pictures of Pickron.
65. When Gonzalez arrived at \[Pickron’s residence\], the door was unlocked, and he
noticed a large crack in the wall and ceiling where electrical work had previously
been completed.
a. Gonzalez spent approximately 2.5 hours doing plastering work at Pickron’s
residence.
b. Gonzalez did the work during his regular working hours for PHA of 7:30 a.m.
to 4:00 p.m.
c. No PHA materials were used by Gonzalez to do the work for Pickron.
66. Thomas Scott (“Scott”) has been employed with PHA since 1994.
a. Scott is employed as a Plumber/Maintenance Foreman.
b. Scott has been responsible for maintenance matters at PHA and PAPMC
properties.
c. Scott is an hourly, full-time employee.
1. Scott’s regular work hours are Monday through Friday, 7:30 a.m. to
4:00 p.m.
2. Scott’s rate of pay is $26.65 per hour.
67. In December 2011, Scott was assigned to maintenance at PAPMC properties.
a. Pickron was Director of PAPMC at this time.
68. In December 2011, Scott became aware that Pickron was having problems with her
home heating system, and he offered to help her.
69. On December 12, 2011, Scott purchased a circulator pump at Weinstein Supply
Company at 4612 Lancaster Avenue, Philadelphia, PA 19131, in the amount of
$89.23, for use at Pickron’s residence.
70. On or around December 13, 2011, Scott went to Pickron’s residence at \[residence
address redacted\] during his regular working hours for the PHA and installed the
circulator pump.
a. Pickron left the side door of her home open so Scott could gain access to the
house.
b. Scott spent approximately 3 hours including travel time installing the
circulator pump at Pickron’s residence.
Pickron, 13-017
Page 16
c. Scott did not utilize any type of leave for installing the circulator pump at
Pickron’s residence.
d. Scott performed the repairs to the furnace with the knowledge and consent
of Pickron.
e. Pickron did not reimburse Scott for the cost of the circulator pump even
though Scott advised Pickron of the cost and requested payment.
71. Pickron realized a private pecuniary benefit as a result of personal work that was
done by PHA employees at her private residence located at \[residence address
redacted\] while the employees were on PHA time.
III.DISCUSSION:
As Director of Philadelphia Asset and Property Management Corporation
(“PAPMC”) of the Philadelphia Housing Authority (“PHA”) from 2010 until April 10, 2013,
Respondent NeSheena Pickron, also referred to hereinafter as “Respondent,”
“Respondent Pickron,” and “Pickron,” was a public employee 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 Pickron violated Sections 1103(a), 1104(a), and 1105(b)(6)
of the Ethics Act: (1) when she used the authority of her public position to obtain a private
pecuniary benefit for herself and/or members of her immediate family by soliciting and/or
accepting gifts from Greenscape Landscape Contractors, Inc., and/or Robert Damerjian,
who were serving as vendors/contractors of PAPMC and/or PHA, at a time when those
vendors/contractors had an ongoing business relationship with PAPMC and/or PHA, and
she was charged with oversight responsibility of said vendors/contractors; (2) when she
utilized the authority of her office to direct PHA employees to conduct home repairs and/or
vehicle repairs to her personal residence/vehicle, during normal business hours of PHA, at
a time when said PHA employees were compensated from public funds, resulting in a
pecuniary benefit to her and/or members of her immediate family; (3) when she failed to
make proper disclosure of gifts received in relation to her public position on a Statement of
Financial Interests form for the 2011 calendar year; and (4) when she failed to file a
Statement of Financial Interests form for calendar year 2013 regarding her service with
PAPMC and/or PHA.
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
Pickron, 13-017
Page 17
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 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 1105(b) of the Ethics Act and its subsections detail the financial disclosure
that a person required to file the SFI form must provide.
Subject to certain statutory exceptions not applicable to this matter, Section
1105(b)(6) of the Ethics Act requires the filer to disclose on the SFI the name and address
of the source and the amount of any gift or gifts valued in the aggregate at $250 or more
and the circumstances of each gift.
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.
Pickron began employment with PHA in or around July 1999. Pickron was Director
of PAPMC, which is a non-profit corporation affiliated with PHA, from 2010 until April 10,
2013. PAPMC was established pursuant to a resolution approved by the PHA Board of
Commissioners, and it was created to manage seventeen PHA housing developments with
about 1,600 housing units. Pickron’s duties as Director of PAPMC included, inter alia,
assisting in administering PAPMC contracts and assisting with solicitations for goods and
services required by PAPMC business units.
Robert Damerjian (“Damerjian”) is President and Treasurer of Greenscape
Landscape Contractors, Inc. (“Greenscape Landscape”), which provides landscaping,
snow removal, and tree trimming services for public and private entities. PHA has
contracted with Greenscape Landscape for such services since at least 2006.
On or around December 10, 2009, PAPMC accepted proposals under Solicitation
No. P-003910 (the “Solicitation”) for snow removal services at various PAPMC sites.
Greenscape Landscape submitted a proposal pursuant to the Solicitation. On or around
March 10, 2010, an evaluation committee made up of PHA/PAPMC employees, including
Pickron, evaluated and scored the proposal submitted by Greenscape Landscape pursuant
to the Solicitation. Greenscape Landscape received favorable scores from the evaluation
committee, and the evaluations were submitted to the PAPMC Board of Directors (“PAPMC
Board”) for approval.
Pickron, 13-017
Page 18
At a meeting on October 26, 2010, the PAPMC Board approved contracting with
Greenscape Landscape for snow removal services based on the recommendations of the
evaluation committee. Pickron, who had no voting authority, was present at the meeting.
On December 1, 2010, a contract (the “Snow Removal Services Contract”) between
PAPMC and Greenscape Landscape for snow removal services at various PAPMC sites
was formally signed by Damerjian and the President of the PAPMC Board. The Snow
Removal Services Contract was for two base years commencing on December 1, 2010,
followed by three option years, and the total compensation to be paid to Greenscape
Landscape for the base years plus the option years was not to exceed $6,985,775.55.
Damerjian became acquainted with Pickron and knew her on a professional level as
a result of interacting and dealing with her as Director of PAPMC with regard to snow
removal and landscaping work. Damerjian had more frequent interaction with Pickron after
he began performing services in relation to the Snow Removal Services Contract.
Pickron’s duties as Director of PAPMC included administering the Snow Removal Services
Contract and contacting Greenscape Landscape for additional assistance when needed for
snow removal at the various PAPMC sites.
In or around March 2011, Damerjian became aware that Pickron was going to have
a baby and that a baby shower was planned. As a result of his professional relationship
with Pickron, Damerjian decided to purchase a gift for Pickron. Damerjian purchased a
Visa Gift Card (the “Gift Card”) in the amount of $750.00, and on March 25, 2011, he
directed a Greenscape Landscape employee to drop off a package addressed to Pickron
at the offices of PHA/PAPMC. The contents of the package for Pickron included the Gift
Card, a baby wicker chair with a value of at least $200.00, a stuffed animal, and baby
clothes. Pickron accepted the gifts from Damerjian, and she used the Gift Card to make
purchases totaling $750.00 in April 2011.
PHA employs individuals to perform emergency and routine maintenance in PHA
units throughout Philadelphia. As Director of PAPMC, Pickron had management oversight
of staff at assigned PHA properties. Pickron directed or authorized PHA employees to
perform maintenance repairs/services for her, including electrical and carpentry work, at
her personal residence.
Anthony Stevenson (“Stevenson”) is employed as a Maintenance Mechanic with
PHA, and he is a licensed electrician. Norberto Gonzalez (“Gonzalez”) is also employed
as a Maintenance Mechanic with PHA. In or around 2011, Nick Cionci (“Cionci”) was the
immediate supervisor of Stevenson and Gonzalez. Cionci was a PHA Maintenance
Supervisor assigned to PAPMC locations, and he reported to Pickron in her capacity as
Director of PAPMC.
In or around 2011, Stevenson, during his regular work hours, was directed by Cionci
to go to Pickron’s personal residence. When Stevenson arrived at Pickron’s residence,
Cionci gave him access to the property and provided a telephone to him. Stevenson
spoke to Pickron on the telephone, and she directed him where to place light switches for
a ceiling fan that he was to install for her. Stevenson spent his entire work day at Pickron’s
residence, and he used PHA materials worth $56.00 to install the ceiling fan. The parties
have stipulated that it would have cost Pickron at least $589.92 to utilize an electrical
contractor instead of a PHA employee to install the ceiling fan at her residence.
Immediately after Stevenson installed the ceiling fan at Pickron’s residence, Cionci
directed Gonzalez to go to Pickron’s residence to do private work for Pickron. When
Gonzalez arrived at Pickron’s residence, he noticed a large crack in the wall and ceiling
where electrical work had been completed. Gonzalez spent approximately 2.5 hours
during his regular PHA work hours doing plastering work at Pickron’s residence. Gonzalez
did not use any PHA materials to do the work for Pickron.
Pickron, 13-017
Page 19
Thomas Scott (“Scott”) is employed as a Plumber/Maintenance Foreman with PHA.
In December 2011, Scott was assigned to maintenance at PAPMC properties. Scott
became aware that Pickron was having problems with her home heating system, and he
offered to help her. On December 12, 2011, Scott purchased a circulator pump for $89.23
to use at Pickron’s residence, and on or around December 13, 2011, he went to Pickron’s
residence during his regular PHA work hours and installed the circulator pump. Scott
spent approximately 3 hours, including travel time, installing the circulator pump, and he
did so with Pickron’s knowledge and consent. Pickron did not reimburse Scott for the cost
of the circulator pump even though he advised her of the cost and requested payment.
PHA’s Office of Audit and Compliance subsequently became aware of Pickron’s
acceptance of items of value from Damerjian/Greenscape Landscape and initiated an
investigation. On March 25, 2013, Pickron received a Notice of Suspension of fifteen
calendar days and ten working days from her position as Director of PAPMC pending the
outcome of an investigation into her receipt of items from Damerjian. Pickron was
terminated from her employment with PHA effective Wednesday, April 10, 2013, for
receiving gifts from a PHA contractor and using PHA employees to perform private work.
As Director of PAPMC, Pickron was required to annually file an SFI by May 1 each
year that she held the position and the year after she left it. Pickron filed SFIs with
PHA/PAPMC for calendar years 2010, 2011, and 2012. On her SFI for calendar year
2011, Pickron disclosed the receipt of gifts in the amount of $1,000.00 from
“coworkers/contractors” for a baby shower, but she did not disclose gifts in excess of
$250.00 that she received from Damerjian/Greenscape Landscape. Pickron did not file an
SFI for calendar year 2013 in 2014, the year after she left her position with PAPMC.
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 Pickron, in her capacity
as Director of Philadelphia Asset and Property
Management Corporation (“PAPMC”) of the
Philadelphia Housing Authority (“PHA”),
accepted gifts from Greenscape Landscape
Contractors, Inc. and/or Robert Damerjian, who
was serving as a vendor/contractor of PAPMC
and/or PHA, at a time when Greenscape
Landscape Contractors, Inc. and/or Robert
Damerjian had an ongoing business relationship
with PAPMC and/or PHA and Pickron was
charged with oversight responsibility of
Greenscape Landscape Contractors, Inc. and/or
Robert Damerjian.
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 the allegation
that Pickron utilized the authority of her office to
direct PHA employees to conduct home repairs
Pickron, 13-017
Page 20
to Pickron’s personal residence, during normal
business hours of the PHA, at a time when said
PHA employees were compensated from public
funds, resulting in a pecuniary benefit to Pickron,
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 when Pickron failed to timely
file a Statement of Financial Interests form for
the 2013 calendar year with the PHA for her
former position as Director of PAPMC.
d. That no violation of Section 1105(b) \[of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)\], occurred when Pickron
neglected to accurately disclose her receipt of
gifts from Greenscape Landscape Contractors,
Inc., and/or Robert Damerjian, a vendor of the
PHA, on her Statement of Financial Interests for
the 2011 calendar year. Pickron did disclose
her receipt of gifts from “coworkers/contractors”
in the amount of $1,000.00 for the above noted
year, which constitutes an attempt at compliance
with the Ethics Act such that the requirements of
Section 1105(b)(5) could be facially obtained
from the information provided on the form, as a
whole; therefore, it is appropriate to permit an
amendment to the form, as permitted by the
Court in In re Benninghoff, 852 A.2d 1182 (Pa.
2004).
4. Pickron agrees to make payment in the amount of $1,100.00 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. Pickron agrees to file complete and accurate Statements of
Financial Interests with the Commonwealth of Pennsylvania
through the Pennsylvania State Ethics Commission, for
calendar years 2011 and 2013 within thirty (30) days of the
issuance of the final adjudication in this matter.
6. Pickron agrees to not accept any reimbursement,
compensation or other payment from the Philadelphia Housing
Authority 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
Pickron, 13-017
Page 21
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 2-3.
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
Pickron, in her capacity as Director of PAPMC of PHA, accepted gifts from Greenscape
Landscape and/or Damerjian, who was serving as a vendor/contractor of PAPMC and/or
PHA, at a time when Greenscape Landscape and/or Damerjian had an ongoing business
relationship with PAPMC and/or PHA and Pickron was charged with oversight
responsibility of Greenscape Landscape and/or Damerjian.
The acceptance of gifts, transportation, lodging or hospitality from donor(s) with
which a public official/public employee has involvement in his public capacity can form the
basis for a conflict of interest under Section 1103(a) of the Ethics Act. See, Cohen,
Opinion 03-006 (regarding a PLCB Hearing Examiner’s prospective acceptance of item(s)
from licensees); see, e.g., Haldeman, Order 1443; Munford, Order 1390; Espenshade,
Order 1387.
In this case, on October 26, 2010, the PAPMC Board approved contracting with
Greenscape Landscape for snow removal services based upon the recommendations of an
evaluation committee of which Pickron was a member. On December 1, 2010, the
President of the PAPMC Board and Damerjian, who is President and Treasurer of
Greenscape Landscape, signed the Snow Removal Services Contract. On or about March
25, 2011, Pickron accepted gifts from Damerjian, including the Gift Card in the amount of
$750.00, a baby wicker chair with a value of at least $200.00, a stuffed animal, and baby
clothes.
With regard to the element of use of authority of office, Pickron’s duties as Director
of PAPMC included administering the Snow Removal Services Contract and contacting
Greenscape Landscape for additional assistance when needed for snow removal at the
various PAPMC sites. The parties are in agreement that the finding of a violation of
Section 1103(a) of the Ethics Act would be appropriate as part of an overall settlement of
this case.
Based upon the Stipulated Findings and Consent Agreement of the parties, we hold
that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Pickron, in her capacity as Director of PAPMC of PHA, accepted gifts from Greenscape
Landscape and/or Damerjian, who was serving as a vendor/contractor of PAPMC and/or
PHA, at a time when Greenscape Landscape and/or Damerjian had an ongoing business
relationship with PAPMC and/or PHA and Pickron was charged with oversight
responsibility of Greenscape Landscape and/or Damerjian.
We accept the recommendation of the parties for a finding that no violation of
Section 1103(a) of the Ethics Act occurred in relation to the allegation that Pickron utilized
the authority of her office to direct PHA employees to conduct home repairs to Pickron’s
personal residence during normal business hours of PHA at a time when said PHA
employees were compensated from public funds, resulting in a pecuniary benefit to
Pickron, based upon an insufficiency of evidence to substantiate that any private pecuniary
benefit was beyond a de minimis amount. The Stipulated Findings do not quantify the
private pecuniary benefit resulting to Pickron from PHA employees installing a ceiling fan,
doing plastering work, and installing a circulator pump at Pickron’s residence during their
regular PHA work hours.
Pickron, 13-017
Page 22
Accordingly, 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 Pickron utilized the authority
of her office to direct PHA employees to conduct home repairs to Pickron’s personal
residence during normal business hours of PHA at a time when said PHA employees were
compensated from public funds, resulting in a pecuniary benefit to Pickron, 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 when Pickron failed to timely file an SFI form
for the 2013 calendar year with PHA for her former position as Director of PAPMC.
As for the allegation regarding Pickron’s failure to make proper disclosure of gifts on
her SFI for the 2011 calendar year, per the Stipulated Findings and Consent Agreement,
Pickron did not disclose gifts in excess of $250.00 that she received from
Damerjian/Greenscape Landscape. However, Pickron did disclose on her SFI for the 2011
calendar year her receipt of gifts in the amount of $1,000.00 from “coworkers/contractors”
for a baby shower. The parties, through the negotiation process, have agreed that the
aforesaid disclosure constituted an attempt at compliance with the Ethics Act and that it
would be appropriate to find no violation of Section 1105(b) of the Ethics Act and to permit
amendment, in support of which recommendation the parties cite In re Benninghoff, 578
Pa. 402, 852 A.2d 1182 (2004).
We recognize the “give and take” that is part of settlement negotiations. However,
because Section 1105(b)(6) of the Ethics Act expressly requires, inter alia, disclosure on
the SFI form of the name and address of each source of disclosable gift(s), 65 Pa.C.S. §
1105(b)(6), we will treat the above recommendation as a non pros by the Investigative
Division as to the Section 1105(b)(6) allegation in this particular proceeding.
Accordingly, for purposes of the instant proceeding, we find no violation of Section
1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), as to the allegation that Pickron failed to
make proper disclosure of gifts on her SFI form for the 2011 calendar year based upon a
non pros by the Investigative Division.
As part of the Consent Agreement, Pickron has agreed to make payment in the
amount of $1,100.00 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.
Pickron has also agreed to not accept any reimbursement, compensation or other payment
from PHA representing a full or partial reimbursement of the amount paid in settlement of
this matter. Pickron has further agreed to file complete and accurate SFIs for calendar
years 2011 and 2013 with the Commonwealth of Pennsylvania, through this Commission,
within thirty (30) days of the issuance of the final adjudication in this matter. We agree that
the aforesaid recommendations are appropriate, including the recommendation that
Pickron file complete and accurate SFIs for both the 2011 and 2013 calendar years,
notwithstanding the aforesaid non pros as to the Section 1105(b)(6) allegation.
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, Pickron is directed to make
payment in the amount of $1,100.00 payable to the Commonwealth of Pennsylvania and
th
forwarded to this Commission by no later than the thirtieth (30) day after the mailing date
of this adjudication and Order.
Pickron, 13-017
Page 23
Per the Consent Agreement of the parties, Pickron is further directed to not accept
any reimbursement, compensation or other payment from PHA representing a full or partial
reimbursement of the amount paid in settlement of this matter.
To the extent she has not already done so, Pickron is directed to file complete and
accurate SFIs for calendar years 2011 and 2013 with the Commonwealth of Pennsylvania,
th
through this Commission, by no later than the thirtieth (30) day after the mailing date of
this adjudication and Order, and the Investigative Division is directed to forward copies of
such filings to PHA.
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 Director of Philadelphia Asset and Property Management Corporation
(“PAPMC”) of the Philadelphia Housing Authority (“PHA”) from 2010 until April 10,
2013, Respondent NeSheena Pickron (“Pickron”) was a public employee subject to
the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65
Pa.C.S. § 1101 et seq.
2. Pickron violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when, in
her capacity as Director of PAPMC of PHA, she accepted gifts from Greenscape
Landscape Contractors, Inc. (“Greenscape Landscape”) and/or Robert Damerjian
(“Damerjian”), who was serving as a vendor/contractor of PAPMC and/or PHA, at a
time when Greenscape Landscape and/or Damerjian had an ongoing business
relationship with PAPMC and/or PHA and Pickron was charged with oversight
responsibility of Greenscape Landscape and/or Damerjian.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to the allegation that Pickron utilized the authority of her office to direct
PHA employees to conduct home repairs to Pickron’s personal residence during
normal business hours of PHA at a time when said PHA employees were
compensated from public funds, resulting in a pecuniary benefit to Pickron, 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
when Pickron failed to timely file a Statement of Financial Interests form for the
2013 calendar year with PHA for her former position as Director of PAPMC.
5. For purposes of the instant proceeding, we find no violation of Section 1105(b) of
the Ethics Act, 65 Pa.C.S. § 1105(b), as to the allegation that Pickron failed to
make proper disclosure of gifts on her Statement of Financial Interests form for the
2011 calendar year based upon a non pros by the Investigative Division.
In Re: NeSheena Pickron, : File Docket: 13-017
Respondent : Date Decided: 1/27/15
: Date Mailed: 2/10/15
ORDER NO. 1651
1. As Director of Philadelphia Asset and Property Management Corporation
(“PAPMC”) of the Philadelphia Housing Authority (“PHA”), Respondent NeSheena
Pickron (“Pickron”) violated Section 1103(a) of the Public Official and Employee
Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when, in her capacity as Director of
PAPMC of PHA, she accepted gifts from Greenscape Landscape Contractors, Inc.
(“Greenscape Landscape”) and/or Robert Damerjian (“Damerjian”), who was
serving as a vendor/contractor of PAPMC and/or PHA, at a time when Greenscape
Landscape and/or Damerjian had an ongoing business relationship with PAPMC
and/or PHA and Pickron was charged with oversight responsibility of Greenscape
Landscape and/or Damerjian.
2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to the allegation that Pickron utilized the authority of her office to direct
PHA employees to conduct home repairs to Pickron’s personal residence during
normal business hours of PHA at a time when said PHA employees were
compensated from public funds, resulting in a pecuniary benefit to Pickron, 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
when Pickron failed to timely file a Statement of Financial Interests (“SFI”) form for
the 2013 calendar year with PHA for her former position as Director of PAPMC.
4. For purposes of the instant proceeding, we find no violation of Section 1105(b) of
the Ethics Act, 65 Pa.C.S. § 1105(b), as to the allegation that Pickron failed to
make proper disclosure of gifts on her Statement of Financial Interests form for the
2011 calendar year based upon a non pros by the Investigative Division.
5. Per the Consent Agreement of the parties, Pickron is directed to make payment in
the amount of $1,100.00 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.
6. Per the Consent Agreement of the parties, Pickron is directed to not accept any
reimbursement, compensation or other payment from PHA representing a full or
partial reimbursement of the amount paid in settlement of this matter.
7. To the extent she has not already done so, Pickron is directed to file complete and
accurate SFIs for calendar years 2011 and 2013 with the Commonwealth of
Pennsylvania through the Pennsylvania State Ethics Commission, by no later than
th
the thirtieth (30) day after the mailing date of this Order, and the Investigative
Division is directed to forward copies of such filings to PHA.
8. Compliance with Paragraphs 5, 6, and 7 of this Order will result in the closing of this
case with no further action by this Commission.
Pickron, 13-017
Page 25
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
___________________________
Nicholas A. Colafella, Chair