HomeMy WebLinkAbout1682 Brownlee
In Re: Michelle F. Brownlee, : File Docket: 14-015
Respondent : X-ref: Order No. 1682
: Date Decided: 10/6/15
: Date Mailed: 10/19/15
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
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 Representative Michelle Brownlee, a public official/public employee in her
capacity as a Member of the Pennsylvania General Assembly, House of Representatives,
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specifically representing the 195 District, \[violated Sections 1103(a), 1103(c), 1105(b)(5),
1105(b)(6), and 1105(b)(7) of the Ethics Act when she\] solicited and/or accepted items of
monetary value, including cash and/or a cash gift, loan, and/or political contribution, based
on the understanding that her vote, judgment, and/or official action as a Member of the
House of Representatives would be influenced by receipt of said items of monetary value;
and when she failed to identify cash payments as either a direct or indirect source of
income and/or gift(s) on her Statement of Financial Interests filed for the 2011 calendar
year; and when she failed to disclose transportation, lodging and hospitality in excess of
$650.00 on her Statement of Financial Interests filed for the 2011 calendar year.
II.FINDINGS:
1. Michelle Brownlee (“Brownlee”) was a Member of the Pennsylvania House of
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Representatives (“House”) representing the 195 Legislative District.
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a. The 195 Legislative District encompasses sections of Philadelphia.
b. Representative Brownlee was first elected in 2010 and was reelected in
2012 and 2014.
Brownlee, 14-015
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2. Prior to being elected to the House, Representative Brownlee was employed by
former Representative Frank Oliver.
a. Representative Brownlee was a House employee for approximately thirty-
five (35) years prior to her election.
b. Her last position for Representative Oliver was Chief of Staff.
3. Tyron B. Ali (“Ali”) was a lobbyist and businessman with dealings in the
Philadelphia area.
a. Ali was a registered lobbyist with the Pennsylvania Department of State from
about April 2008 to 2012.
1. Ali had a lobbyist registration number of L08823.
2. Ali’s registration expired and was not renewed.
b. Ali was active in Philadelphia political circles from about 2008 to at least
2012.
1. Ali held no elected or appointed offices.
4. In or about 2010, Ali became an informant for the Pennsylvania Office of Attorney
General.
a. Ali was to utilize his access to political figures and elected officials in
Philadelphia.
5. Beginning in or about October 2010, Ali began making cash payments to
Philadelphia area public officials as part of a sting operation organized by the
Pennsylvania Office of Attorney General.
a. Representative Brownlee was one of the public officials receiving cash
payments from Ali.
b. Ali posed as a lobbyist representing businesses/individuals with interests in
Representative Brownlee’s district.
6. Representative Brownlee first met Ali on or about March 17, 2011, approximately
two (2) months after she had been sworn in as a Member of the House.
a. The meeting was arranged by one of Representative Brownlee’s staff and
occurred at a restaurant in Philadelphia.
b. The initial meeting included Ali meeting Representative Brownlee to discuss
matters in which his clients had a vested interest.
1. Specific issues mentioned by Ali included the Pennsylvania Public
Utility Commission and liquor privatization.
7. On June 15, 2011, Ali and Representative Brownlee met in Harrisburg.
a. During that meeting, Representative Brownlee informed Ali that she did not
have much money in her campaign account.
1. Representative Brownlee made the statement after Ali asked her if
she needed anything.
Brownlee, 14-015
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b. At that time, Representative Brownlee agreed to accept a $2,000.00
payment from Ali.
c. Representative Brownlee received $2,000.00 in cash wrapped in a napkin
from Ali.
d. At a subsequent meeting, Representative Brownlee offered to take any
suggestions or changes Ali had to a bill and put them into a bill or propose
an amendment.
8. In her capacity as an elected public official, Representative Brownlee was required
to annually file a Statement of Financial Interests (“SFI”).
a. The SFI includes, among other items, financial information of the public
official for the previous calendar year.
1. Financial information includes sources of income in excess of
$1,300.00 and gift amounts over $250.00 in the aggregate from a
single source.
2. Other financial information required to be disclosed includes creditors
in excess of $6,500.00, and transportation, lodging and hospitality
sources in excess of $650.00.
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b. Forms are required to be filed by May 1 of each year a person holds office
and one (1) year after leaving public office.
9. Representative Brownlee filed SFIs with the State Ethics Commission as follows:
Calendar Year Date Filed
2010 03/31/11
2011 02/09/12
2011 02/16/12
(Amended)
2012 02/07/13
2013 03/06/14
2014 02/11/15
10. The SFIs filed by Representative Brownlee on February 9, 2012, and as amended
on February 16, 2012, included, in part, the following information:
Direct/Indirect Sources of Income (Box 10):
a.
House of Representatives
Philadelphia Housing Authority
Pennsylvania State Employees Credit Union
Citizens Bank of Pennsylvania
National Financial Services
Federal Distribution Fund
Prudential Financial.
Gifts (Box 11):
b.
NONE.
Brownlee, 14-015
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11. During calendar 2011, Representative Brownlee received travel, hospitality and
lodging provided by “Women In Government,” when she attended the Third Annual
Energy Summit held August 24-25, 2011, and the Thirteenth Annual Eastern
Regional Conference held August 25-27, 2011.
a. Travel, hospitality and lodging provided to Representative Brownlee by
“Women In Government” included:
Hotel Room: $169.88
Travel: $353.48
Meals:
Energy Summit: $264.32
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Eastern Regional Conference: $397.00
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Total \[travel, hospitality and lodging provided\] in calendar year 2011
to Representative Brownlee: $1,184.68.
12. Pursuant to provisions of the Public Official and Employee Ethics Act, 65 Pa.C.S. §
1105(b)(7), the name \[and address of the source and the\] amount of payment
and/or reimbursement for actual expenses for travel and lodging or hospitality
received in connection with public office or employment which are in excess of
$650.00 in the aggregate per calendar year, are required to be reported on SFI
forms.
a. Representative Brownlee received an aggregate amount of $1,184.68 in
travel, hospitality and/or lodging from “Women In Government.”
b. Representative Brownlee failed to disclose her receipt of travel, hospitality
and lodging in excess of $650.00 provided by “Women In Government” on
her filed 2011 SFI forms.
13. Representative Brownlee never disclosed the $2,000.00 cash payment she
received from Ali on June 15, 2011, on either of the SFI forms she filed for the 2011
calendar year.
a. The $2,000.00 cash payment accepted by Representative Brownlee in 2011
from Ali exceeded the SFI reporting threshold requirements for direct/indirect
sources of income and gifts.
14. Representative Brownlee never reported the cash payments received from Ali on
any campaign finance reports filed by her, or on her behalf, with the Pennsylvania
Department of State, Bureau of Elections.
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15. Representative Brownlee appeared before the 27 Philadelphia County Grand Jury
and offered testimony that included the following:
a. She accepted one (1) payment from Ali in the amount of $2,000.00.
b. At the very least, she promised to take official action in her capacity as a
State Representative on his behalf because he paid her money.
c. She knew what she was doing was wrong, and she knew there would be
strings attached to the money she accepted.
16. Representative Brownlee realized a private pecuniary gain of $2,000.00 when she
accepted a cash payment from Ali on June 15, 2011.
Brownlee, 14-015
Page 5
a. Representative Brownlee accepted the payment at or about the time in her
official capacity she promised to take official action on Ali’s behalf.
b. Representative Brownlee \[kept\] the cash for her own personal use.
c. Representative Brownlee concealed the receipt of the cash by failing to
disclose the payment on SFIs for the 2011 calendar year.
III.DISCUSSION:
As a Member of the Pennsylvania General Assembly, House of Representatives
(“House of Representatives”), Respondent Michelle F. Brownlee, also referred to
hereinafter as “Respondent,” “Respondent Brownlee,” and “Brownlee,” was a public official
subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65
1
Pa.C.S. § 1101 et seq.
The allegations are that Brownlee violated Sections 1103(a), 1103(c), 1105(b)(5),
1105(b)(6), and 1105(b)(7) of the Ethics Act when she solicited and/or accepted items of
monetary value, including cash and/or a cash gift, loan, and/or political contribution, based
on the understanding that her vote, judgment, and/or official action as a Member of the
House of Representatives would be influenced by receipt of said items of monetary value;
when she failed to identify cash payments as either a direct or indirect source of income or
gift(s) on her Statement of Financial Interests (“SFI”) filed for the 2011 calendar year; and
when she failed to disclose transportation, lodging and hospitality in excess of $650.00 on
her SFI filed for the 2011 calendar year.
Per the Consent Agreement of the parties, the Investigative Division has exercised
its prosecutorial discretion to nol pros the allegation under Section 1105(b)(6) of the Ethics
Act. Based upon the nol pros, we need not address the Section 1105(b)(6) allegation no
longer before us.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a)Conflict of interest.—
No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
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
1 We take administrative notice that Brownlee resigned from the House of Representatives on June 8, 2015.
See, http://www.legis.state.pa.us/cfdocs/legis/BiosHistory/MemBio.cfm?ID=1201&body=H.
Brownlee, 14-015
Page 6
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official/public employee from
using the authority of public office/employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official/public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1103(c) of the Ethics Act provides in part that a public official/public
employee shall not solicit or accept anything of monetary value based upon any
understanding that his vote, official action or judgment would be influenced thereby:
§ 1103. Restricted Activities
(c) Accepting improper influence.—
No public official,
public employee or nominee or candidate for public office shall
solicit or accept anything of monetary value, including a gift,
loan, political contribution, reward or promise of future
employment, based on any understanding of that public
official, public employee or nominee that the vote, official
action or judgment of the public official or public employee or
nominee or candidate for public office would be influenced
thereby.
65 Pa.C.S. §1103(c).
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)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address
of any direct or indirect source of income totaling in the aggregate $1,300 or more.
Subject to certain statutory exceptions not applicable to this matter, Section
1105(b)(7) of the Ethics Act requires the filer to disclose on the SFI the name and address
of the source and the amount of any payment for or reimbursement of actual expenses for
transportation and lodging or hospitality received in connection with public office or
employment where such actual expenses exceed $650 in an aggregate amount per year.
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.
Brownlee was first elected as a Member of the House of Representatives in 2010,
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representing the 195 Legislative District. The 195 Legislative District encompasses
sections of Philadelphia, Pennsylvania. Brownlee was reelected as a Member of the
House of Representatives in 2012 and 2014.
Tyron B. Ali (“Ali”) was a lobbyist and businessman with dealings in the Philadelphia
area. Ali was a registered lobbyist with the Pennsylvania Department of State from about
April 2008 to 2012, and he was active in Philadelphia political circles during that time
period.
Brownlee, 14-015
Page 7
. In or about 2010, Ali became an informant for the Pennsylvania Office of Attorney
General. In or about October 2010, Ali began making cash payments to Philadelphia area
public officials as part of a sting operation organized by the Pennsylvania Office of
Attorney General. Brownlee was one of the public officials who received cash payments
from Ali.
Brownlee first met Ali on or about March 17, 2011, approximately two months after
she had been sworn in as a Member of the House of Representatives. The meeting was
arranged by one of Brownlee’s staff, and it occurred at a restaurant in Philadelphia. Ali
posed as a lobbyist representing businesses/individuals with interests in Brownlee’s
Legislative District. At the meeting, Ali mentioned matters in which his clients had a vested
interest, including specific issues relating to the Pennsylvania Public Utility Commission
and liquor privatization.
On June 15, 2011, Brownlee and Ali met in Harrisburg. During the meeting, Ali
asked Brownlee if she needed anything, and Brownlee informed Ali that she did not have
much money in her campaign account. Brownlee agreed to accept a $2,000.00 payment
from Ali, and she received $2,000.00 in cash wrapped in a napkin from him. At a
subsequent meeting, Brownlee offered to take any suggestions or changes Ali had to a bill
and put them into a bill or propose an amendment. Brownlee promised to take official
action as a Member of the House of Representatives on behalf of Ali because he had paid
her money.
Brownlee never reported the $2,000.00 payment received from Ali on any campaign
finance reports filed by her or on her behalf with the Pennsylvania Department of State,
Bureau of Elections, and she kept the payment for her own personal use. The parties
have stipulated that Brownlee realized a private pecuniary gain of $2,000.00 when she
accepted the cash payment from Ali on June 15, 2011.
In her official capacity as a Member of the House of Representatives, Brownlee was
required to file an SFI form by May 1 annually containing information for the prior calendar
year.
During calendar 2011, Brownlee received travel, hospitality, and lodging totaling
$1,184.68 from “Women In Government” when she attended the Third Annual Energy
Summit held from August 24, 2011, to August 25, 2011, and the Thirteenth Annual Eastern
Regional Conference held from August 25, 2011, to August 27, 2011. Brownlee filed an
SFI for calendar year 2011 and an amended SFI for calendar year 2011 with the State
Ethics Commission on February 9, 2012, and February 16, 2012, respectively. Brownlee
failed to disclose her receipt of travel, hospitality, and lodging in excess of $650.00
provided by “Women in Government” and her receipt of the aforesaid $2,000.00 cash
payment from Ali on either of the SFIs that she filed for calendar year 2011.
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 Michelle F. Brownlee
utilized the authority of her public office, in her
capacity as a Member of the Pennsylvania
Brownlee, 14-015
Page 8
General Assembly, House of Representatives,
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representing the 195 District, to solicit and/or to
accept items of monetary value, namely cash, for
the sole purpose of realizing a private pecuniary
benefit, which she would not have otherwise
been offered, but for her public office.
b. That a violation of Section 1103(c) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(c), occurred when Michelle F. Brownlee
utilized the authority of her public office, in her
capacity as a Member of the Pennsylvania
General Assembly, House of Representatives,
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representing the 195 District, to solicit and/or to
accept items of monetary value, namely cash,
based on the understanding that her action as a
Member of the House of Representatives,
including official action and/or judgment, would
be influenced by receipt of said cash.
c. That a violation of Section 1105(b)(5) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(5), occurred when Michelle F.
Brownlee failed to disclose \[the name and
address of the source of\] cash payments
exceeding $1,300.00 on Statements of Financial
Interests filed for the 2011 calendar year.
d. That a violation of Section 1105(b)(7) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(7), occurred when Michelle F.
Brownlee failed to disclose the name and
address of the source and the amount of any
payment for or reimbursement of actual
expenses for transportation and lodging or
hospitality received in connection with public
office or employment when such actual
expenses for transportation and lodging or
hospitality exceeded $650.00 in an aggregate
amount for the calendar year on Statements of
Financial Interests filed for the 2011 calendar
year.
e. That no violation of Section 1105(b)(6) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(6), occurred when Michelle F.
Brownlee failed to disclose as a gift the receipt
of cash payments exceeding $250.00 on
Statements of Financial Interests filed for the
2011 calendar year, as same is hereby nol
prossed.
4. Brownlee agrees to make payment in the amount of $2,500.00
in settlement of this matter as follows:
a. Brownlee agrees to make payment of $250.00
(representing one (1) year of deficient Statement
of Financial Interests filings) to the
Brownlee, 14-015
Page 9
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.
b. Brownlee agrees to make payment of $250.00
(which represents a portion of the expenses and
costs incurred by the State Ethics Commission in
the investigation and administrative prosecution
of the instant matter) to the Pennsylvania State
Ethics Commission within thirty (30) days of the
issuance of the final adjudication in this matter.
c. Brownlee agrees to make payment of $2,000.00
to the Commonwealth of Pennsylvania. The
payment of the $2,000.00 as ordered by the
State Ethics Commission is concurrent to any
restitution ordered by the Court of Common
Pleas in the matter docketed as: CP-22-CR-
0001537-2015, and is to be paid through the
Court of Common Pleas.
5. Brownlee agrees to file a complete and accurate amended
Statement of Financial Interests with the Pennsylvania House
of Representatives, through the Pennsylvania State Ethics
Commission, for calendar year 2011 within thirty (30) days of
the issuance of the final adjudication in this matter.
6. Brownlee agrees to not accept any reimbursement,
compensation or other payment from the Pennsylvania
General Assembly representing a full or partial reimbursement
of the amount paid in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does
not prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 1-3.
In considering the Consent Agreement of the parties, we accept the parties’
recommendations for a finding of a violation of Section 1103(a) of the Ethics Act and a
finding of a violation of Section 1103(c) of the Ethics Act.
Brownlee first met Ali, who was an informant for the Pennsylvania Office of Attorney
General, at a meeting in Philadelphia on or about March 17, 2011. At the meeting, Ali
posed as a lobbyist representing businesses/individuals with interests in Brownlee’s
Legislative District.
During a meeting with Brownlee in Harrisburg on June 15, 2011, Ali asked
Brownlee if she needed anything. After Brownlee informed Ali that she did not have much
Brownlee, 14-015
Page 10
money in her campaign account, she accepted a $2,000.00 cash payment from him.
Brownlee kept the payment for her own personal use. Brownlee subsequently offered to
take any suggestions or changes Ali had to a bill and put them into a bill or propose an
amendment. Brownlee promised to take official action as a Member of the House of
Representatives on behalf of Ali because he had paid her money. The parties have
stipulated that Brownlee realized a private pecuniary gain of $2,000.00 when she accepted
the cash payment from Ali on June 15, 2011.
Based upon the Stipulated Findings and the Consent Agreement, we hold that
Brownlee violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when she
utilized the authority of her public office in her capacity as a Member of the House of
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Representatives, representing the 195 Legislative District, to solicit and/or to accept items
of monetary value, namely cash, for the sole purpose of realizing a private pecuniary
benefit, which she would not have otherwise been offered but for her public office.
We further hold that a violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. §
1103(c), occurred when Brownlee utilized the authority of her public office in her capacity
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as a Member of the House of Representatives, representing the 195 Legislative District,
to solicit and/or to accept items of monetary value, namely cash, based on the
understanding that her action as a Member of the House of Representatives, including
official action and/or judgment, would be influenced by receipt of said cash.
As for the allegations regarding Brownlee’s SFI and amended SFI filed for the 2011
calendar year, it is clear that Brownlee failed to disclose: (1) the $2,000.00 cash payment
received from Ali in 2011; and (2) the travel, lodging, and hospitality in excess of $650
received from “Women In Government” regarding her attendance at the Third Annual
Energy Summit and the Thirteenth Annual Eastern Regional Conference in August 2011.
We hold that a violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. §
1105(b)(5), occurred when Brownlee failed to disclose the name and address of the source
of a cash payment exceeding $1,300.00 on SFIs filed for the 2011 calendar year.
We further hold that a violation of Section 1105(b)(7) of the Ethics Act, 65 Pa.C.S. §
1105(b)(7), occurred when Brownlee failed to disclose on SFIs filed for the 2011 calendar
year the name and address of the source and the amount of any payment for or
reimbursement of actual expenses for transportation and lodging or hospitality received in
connection with public office or employment when such actual expenses for transportation
and lodging or hospitality exceeded $650.00 in an aggregate amount for the calendar year.
As part of the Consent Agreement, Brownlee has agreed to make payment in the
amount of $2,500.00 payable as follows: (1) $250.00 representing one year of deficient
SFI filings, 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;
(2) $250.00 representing a portion of the expenses and costs incurred by this Commission
in the investigation and administrative prosecution of the instant matter, payable to the
Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final
adjudication in this matter; and (3) $2,000.00 payable to the Commonwealth of
Pennsylvania, through the Court of Common Pleas, with such restitution concurrent to any
restitution ordered by the Court of Common Pleas in the matter docketed as: CP-22-CR-
0001537-2015. We take administrative notice that the parties’ reference to “the Court of
Common Pleas” is to the Dauphin County Court of Common Pleas.
Brownlee has agreed to not accept any reimbursement, compensation or other
payment from the Pennsylvania General Assembly representing a full or partial
reimbursement of the amount paid in settlement of this matter.
Brownlee, 14-015
Page 11
Brownlee has further agreed to file a complete and accurate amended SFI for
calendar year 2011 with the House of Representatives, through this Commission, within
thirty (30) days of the issuance of the final adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Brownlee is directed to
make payment in the amount of $2,500.00 payable as follows: (1) $250.00 representing
one year of deficient SFI filings, payable to the Commonwealth of Pennsylvania and
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forwarded to this Commission by no later than the thirtieth (30) day after the mailing date
of this adjudication and Order; (2) $250.00 representing a portion of the expenses and
costs incurred by this Commission in the investigation and administrative prosecution of
the instant matter, payable to the Pennsylvania State Ethics Commission by no later than
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the thirtieth (30) day after the mailing date of this adjudication and Order; and (3)
$2,000.00 payable to the Commonwealth of Pennsylvania, through the Dauphin County
Court of Common Pleas, with such restitution concurrent to any restitution ordered by the
Dauphin County Court of Common Pleas in the matter docketed as: CP-22-CR-0001537-
2015.
Per the Consent Agreement of the parties, Brownlee is further directed to not accept
any reimbursement, compensation or other payment from the Pennsylvania General
Assembly representing a full or partial reimbursement of the amount paid in settlement of
this matter.
To the extent she has not already done so, Brownlee is directed to file a complete
and accurate amended SFI for calendar year 2011 with the House of Representatives,
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through 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. As a Member of the Pennsylvania General Assembly, House of Representatives
(“House of Representatives”), Respondent Michelle F. Brownlee (“Brownlee”) was a
public officialsubject to the provisions of the Public Official and Employee Ethics
Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
2. Brownlee violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when
she utilized the authority of her public office in her capacity as a Member of the
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House of Representatives, representing the 195Legislative District, to solicit
and/or to accept items of monetary value, namely cash, for the sole purpose of
realizing a private pecuniary benefit, which she would not have otherwise been
offered but for her public office.
3. A violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. § 1103(c), occurred
when Brownlee utilized the authority of her public office in her capacity as a
th
Member of the House of Representatives, representing the 195 Legislative District,
to solicit and/or to accept items of monetary value, namely cash, based on the
understanding that her action as a Member of the House of Representatives,
including official action and/or judgment, would be influenced by receipt of said
cash.
Brownlee, 14-015
Page 12
4. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred when Brownlee failed to disclose the name and address of the source of a
cash payment exceeding $1,300.00 on Statements of Financial Interests filed for
the 2011 calendar year.
5. A violation of Section 1105(b)(7) of the Ethics Act, 65 Pa.C.S. § 1105(b)(7),
occurred when Brownlee failed to disclose on Statements of Financial Interests filed
for the 2011 calendar year the name and address of the source and the amount of
any payment for or reimbursement of actual expenses for transportation and lodging
or hospitality received in connection with public office or employment when such
actual expenses for transportation and lodging or hospitality exceeded $650.00 in
an aggregate amount for the calendar year.
In Re: Michelle F. Brownlee, : File Docket: 14-015
Respondent : Date Decided: 10/6/15
: Date Mailed: 10/19/15
ORDER NO. 1682
1. Michelle F. Brownlee (“Brownlee”) violated Section 1103(a) of the Public Official
and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when she utilized the
authority of her public office in her capacity as a Member of the Pennsylvania
General Assembly, House of Representatives (“House of Representatives”),
th
representing the 195 Legislative District, to solicit and/or to accept items of
monetary value, namely cash, for the sole purpose of realizing a private pecuniary
benefit, which she would not have otherwise been offered but for her public office.
2. A violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. § 1103(c), occurred
when Brownlee utilized the authority of her public office in her capacity as a
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Member of the House of Representatives, representing the 195 Legislative District,
to solicit and/or to accept items of monetary value, namely cash, based on the
understanding that her action as a Member of the House of Representatives,
including official action and/or judgment, would be influenced by receipt of said
cash.
3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred when Brownlee failed to disclose the name and address of the source of a
cash payment exceeding $1,300.00 on Statements of Financial Interests filed for
the 2011 calendar year.
4. A violation of Section 1105(b)(7) of the Ethics Act, 65 Pa.C.S. § 1105(b)(7),
occurred when Brownlee failed to disclose on Statements of Financial Interests filed
for the 2011 calendar year the name and address of the source and the amount of
any payment for or reimbursement of actual expenses for transportation and lodging
or hospitality received in connection with public office or employment when such
actual expenses for transportation and lodging or hospitality exceeded $650.00 in
an aggregate amount for the calendar year.
5. Per the Consent Agreement of the parties, Brown is directed to make payment in
the amount of $2,500.00 payable as follows: (1) $250.00 representing one year of
deficient Statement of Financial Interests filings, payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no
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later than the thirtieth (30) day after the mailing date of this Order; (2) $250.00
representing a portion of the expenses and costs incurred by the Pennsylvania
State Ethics Commission in the investigation and administrative prosecution of the
instant matter, payable to the Pennsylvania State Ethics Commission by no later
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than the thirtieth (30) day after the mailing date of this Order; and (3) $2,000.00
payable to the Commonwealth of Pennsylvania, through the Dauphin County Court
of Common Pleas, with such restitution concurrent to any restitution ordered by the
Dauphin County Court of Common Pleas in the matter docketed as: CP-22-CR-
0001537-2015.
6. Per the Consent Agreement of the parties, Brownlee is further directed to not
accept any reimbursement, compensation or other payment from the Pennsylvania
Brownlee, 14-015
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General Assembly 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, Brownlee is directed to file a complete
and accurate amended Statement of Financial Interests for calendar year 2011 with
the House of Representatives, through the Pennsylvania State Ethics Commission,
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by no later than the thirtieth (30) day after the mailing date of this Order.
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.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
___________________________
Nicholas A. Colafella, Chair