HomeMy WebLinkAbout1691 CocchiIn Re: Robert Cocchi, File Docket: 15 -017
Respondent X -ref: Order No. 1691
Date Decided: 4/6/16
Date Mailed: 4/15/16
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.
ALLEGATIONS:
That Robert Cocchi, a public official /public employee in his capacity as a Supervisor
for Lackawaxen Township, Pike County, Pennsylvania, violated [Sections 1103(a),
1104(a), 1104(d), and 1105(b)(5)] of the State Ethics Act (Act 93 of 1998) when he utilized
the authority of his public position to realize a private pecuniary benefit, when he set his
rate of pay as a Township employee, absent approval from the Board of Auditors; when he
motioned for and approved the payment of bills that included his Township employee pay;
when he served as a Township signatory on checks issued to him; when he failed to file a
Statement of Financial Interests for the 2013 calendar year; and [when he] failed to
disclose all direct/indirect sources of income in excess of $1,300.00 on Statements of
Financial Interests filed for the 2010, 20117 2012 and 2014 calendar years.
II. FINDINGS:
Robert Cocchi ( "Cocchi ") has served as a Lackawaxen Township Supervisor since
January 4, 2010.
Cocchi has served as the Chairman of the Township Board of Supervisors
( "Board of Supervisors ") since January 6, 2014.
Cocchi served as the Vice Chairman of the Board of Supervisors from
January 4, 2010, to January 5, 2014.
Cocchi, 15 -017
Page 2
C. Cocchi was unanimously appointed as the Treasurer by the Board of
Supervisors on October 21, 2013, at a regular meeting of the Township and
was unanimously reappointed as the Treasurer by the Board of Supervisors
at the reorganizational meeting on January 6, 2014, and again on January 5,
2015.
d. Cocchi served as the interim Treasurer from at least September 16, 2013,
until October 21, 2013.
1. Cocchi's appointment as the interim Treasurer was occasioned as a
consequence of the exigent circumstances resulting from the decision
of the Board of Supervisors to terminate the employment of former
Secretary/Treasurer Shawn Roe.
2. Lackawaxen Township (hereafter, "Township "), Pike County, Pennsylvania, is a
Township of the Second Class (population less than 5,000) governed by a three -
Member Board of Supervisors.
a. As per the Second Class Township Code, Township Supervisors receive
$1,875.00 gross annually paid in quarterly installments, for services
rendered in their elected Supervisor /public official capacity.
b. In accordance with the Second Class Township Code, any Supervisor who
is employed with the Township must have a working Supervisor wage
established by the Township Board of Auditors ( "Board of Auditors ").
3. The Township holds one regularly scheduled legislative meeting per month.
a. The first Township meeting of each calendar year is the Township
reorganizational meeting.
1. At the reorganizational meeting, Township public officials are
appointed and /or reappointed to their respective officer positions.
b. The Township holds special meetings as necessary.
C. The Supervisors need not be present at every Township meeting to receive
Supervisor compensation.
4. Prior to meetings, Supervisors receive a meeting packet that generally consists of
the upcoming meeting agenda, a written copy of the prior month's meeting minutes,
and a listing of all bills received by the Township since the prior meeting which have
not yet been paid.
a. The meeting agendas are prepared by the Township Secretary.
b. Recurring bills (etc..., utility bills) are paid prior to the monthly meetings and
are not listed on the register of bills presented for approval at the meetings.
5. The vote taken at each legislative meeting to approve the bills includes any after
the fact approval of checks issued prior to the date of meeting.
a. The register of bills maintained by the Township in the Township minute
books documents all bills approved for payment at each meeting.
b. Township employee payroll is included in the register of bills.
Cocchi, 15 -017
Page 3
1. Employees of the Township are required to fill out time sheets in
order to receive pay.
6. Voting during a Township meeting occurs in group "aye /nay" fashion after a motion
is made and properly seconded.
a. Any abstentions or objections made during the vote are specifically noted in
the minutes.
b. Minutes of each meeting are approved for accuracy at the subsequent
meeting.
7. Signature authority over Township accounts is to be maintained by all three
Supervisors.
a. Issued Township checks require the signatures of any two of the three
Supervisors.
b. Signatures on Township checks must be live signatures, facsimile stamps
are not used.
8. Since 2013, the Board of Supervisors has [included at times]:
• Robert Cocchi
• Richard Krochta
• Michael Mancino
• Brian Stuart.
a. Krochta is in his third term as a Supervisor and is currently the Vice
Chairman of the Board of Supervisors.
1. Krochta has served as the appointed Township Roadmaster for
approximately fifteen (15) years.
2. Krochta has been employed with the Township in various road /labor
capacities for approximately twenty -five (25) years.
b. Mancino has served as a Supervisor since January 6, 2014.
1. Mancino replaced the previous Supervisor, Brian Stuart, whose term
expired at the end of 2013.
C. Stuart served as a Supervisor through December 2013 and was Chairman of
the Board of Supervisors prior to the conclusion of his term.
9. As per the Second Class Township Code, Cocchi's duties and responsibilities as
the Township Treasurer include the following:
a. Receive all moneys due the Township and deposit them promptly in a
designated depository in the name of the Township.
b. Keep distinct and accurate accounts of all sums received from taxes and
other sources, which accounts shall be open to the inspection of the Board
of Supervisors and any citizen of this Commonwealth.
C. Pay out all moneys of the Township only on direction by the Board of
Cocchi, 15 -017
Page 4
Supervisors.
d. Annually state the accounts and make them available to the Board of
Auditors for settlement.
e. Preserve the account books, papers, documents and other records of the
office and turn them over to the successor in office.
10. In addition to Township Treasurer, Cocchi was unanimously appointed as the
interim Township Secretary, serving from September 16, 2013, to January 5, 2014.
a. Cocchi was selected by the Board of Supervisors to act as the interim
Township Secretary following the termination of the employment of Shawn
Roe.
Cocchi asserts that he accepted the appointment in good faith and in
order to ensure the proper continuation of Township operations until a
suitable replacement could be found.
b. Camille James was hired and appointed as the Township Secretary on
January 6, 2014, and held that position at all times until December 31, 2015.
11. At the September 16, 2013, regularly scheduled meeting of the Supervisors, a
unanimous decision was made by the Board of Supervisors to terminate the
employment of the Township Secretary /Treasurer, Shawn Roe.
a. Present at the meeting were Supervisor Krochta, Cocchi, and Chairman
Stuart.
b. During an executive session at the September 16, 2013, meeting, the Board
of Supervisors terminated the employment of Shawn Roe, who had served
as the Township Secretary /Treasurer.
Roe's employment was terminated following an inquiry and
accounting that determined Roe had [allegedly] embezzled large
sums of money from the bank accounts of the Township.
2. Roe was eventually criminally charged for the [alleged] theft of
Township funds.
C. At the time of her termination, Roe was being paid at a rate of $20.07 per
hour.
d. There was no recorded vote in meeting minutes of the Board of Supervisors
terminating Roe's employment.
12. During the executive session at the September 16, 2013, meeting, the Board of
Supervisors also discussed the necessity of appointing one of the Supervisors to
serve as the interim Township Secretary /Treasurer as a consequence of the
vacancy in the position of Township Secretary /Treasurer.
a. Neither Chairman Stuart nor Supervisor Krochta was available to serve.
Stuart was employed full -time while Krochta was serving as the
Township's full -time Roadmaster.
b. There was an agreement among the Members of the Board of Supervisors
Cocchi, 15 -017
Page 5
that Cocchi would serve as the interim Township Secretary/Treasurer.
1. Cocchi was retired from his position as a New York City Detective and
had the time to devote to the position.
C. Cocchi's appointment as the interim Township Secretary/Treasurer was not
reflected in the minutes of the September 16, 2013, meeting of the Board of
Supervisors; however, Cocchi's appointment was the result of a unanimous
decision of the Board of Supervisors.
13. The agenda for the Township meeting minutes of October 21, 2013, reflects that
three (3) handwritten notes were entered including an entry "Approval of Robert
Cocchi as Secretary- Treasurer."
a. Minutes of the meeting do not reflect a vote to ratify Cocchi's appointment.
14. Upon Cocchi's appointment, the Board of Supervisors discussed the compensation
that Cocchi should receive for serving as the interim Township Secretary/Treasurer.
a. Within both the executive session and regular meeting, Chairman Stuart
stated that Cocchi would be paid the same hourly rate that Supervisor
Krochta was receiving for serving as the Township Roadmaster.
1. It was Stuart's belief that the Township Auditors had set an hourly
rate for any Supervisor working forthe Township, which included the
Township Roadmaster.
2. Stuart expressed to both Cocchi and Krochta his belief as to the
Township Auditors' setting of a working Supervisor's compensation.
b. In [2013], Krochta's hourly rate as Township Roadmaster, as set by the
Township Auditors, was $23.35 per hour.
C. Krochta disagreed as to the hourly wage for Cocchi as a working Supervisor
being $23.35 an hour, believing instead that the wage of $23.35 was set
specific to him as Township Roadmaster and reflected his longevity as a
Township employee.
d. Cocchi accepted the rate of $23.35 an hour as stated by Stuart.
e. The minutes of the Board of Supervisors meetings do not reflect an official
vote approving the compensation to be paid to Cocchi for serving as the
interim Township Secretary/Treasurer.
f. Payroll for the Township for the period of September 2013 through January
2014 was unanimously approved by the Board of Supervisors, with payroll
checks being executed by the signatures of at least two (2) Members of the
Board of Supervisors.
15. In light of the interpretation that the Township Auditors had set/approved the
working Supervisor compensation, there was no specific request for the Township
Auditors to approve the wage paid to Cocchi for his service as the interim Township
Secretary/Treasurer beginning on September 16, 2013, and continuing through
January 5, 2014.
16. Cocchi received a pay rate of $23.35 per hour upon the Board of Supervisors'
unanimous decision to appoint him as the interim Township Secretary/Treasurer.
Cocchi, 15 -017
Page 6
a. The Township pay period of September 7, 2013, to September 20, 2013,
was the first pay period in which Cocchi received his working Supervisor
wage at the pay rate of $23.35 per hour.
b. The Township pay period of December 21, 2013, to January 3, 2014, was
the last pay period in which Cocchi received his working Supervisorwage at
the pay rate of $23.35 per hour.
C. During this time, Cocchi logged a total of 450 hours performing Township
Secretary, Treasurer, and bookkeeper duties.
17. Employees of the Township are required to fill out time sheets to account for their
hours worked in order to be compensated.
a. Cocchi used the QuickBooks software on the Township's computer to track
all employee work hours, including his own as the interim Township
Secretary /Treasurer.
b. As the interim Township Secretary /Treasurer, Cocchi verified his own
employee time sheets.
1. Time sheets were available for review by all Members of the Board of
Supervisors as well as the general public.
C. As the interim Township Secretary /Treasurer, Cocchi used the information
listed on the time sheets to process employee payroll, which included the
total number of hours worked by each Township employee and the hourly
pay rate for each Township employee.
18. Township employees are paid on a bi- weekly basis.
19. The Supervisors approve the bi- weekly employee payroll as part of bill lists
received at regular monthly meetings.
a. Paychecks issued to Cocchi were approved by the Board of Supervisors
during regular meetings held on October 21, 2013, November 18, 2013, and
December 15, 2013.
20. Cocchi participated in actions of the Board of Supervisors to approve bill lists which
included payments to him.
a. At the October 21, 2013, meeting, Cocchi, along with the other two (2)
Supervisors, participated in the voice vote to approve the bill list which
included payroll.
b. At the November 18, 2013 meeting, Cocchi motioned and voted, along with
the other two (2) Supervisors, to approve the bills which included payroll
payments to him.
C. At the December [15], 2013 meeting, Cocchi again motioned and voted,
along with the other two (2) Supervisors, to approve the bills, including
payroll.
21. At the Township's January 6, 2014, reorganizational meeting, Cocchi was
reappointed as the Township Treasurer.
Cocchi, 15 -017
Page 7
a. The Board of Supervisors appointed Camille James as the Township
Secretary.
22. The Board of Auditors held its annual meeting on January 9, 2014, which included
setting compensation for Supervisors employed by the Township.
a. At that meeting, a wage of $15.00 per hour was set for Cocchi for
bookkeeping duties.
b. Additionally, a working Supervisorwage of $10.00 per hourwas established
for a Supervisor working on an as needed basis with the Township.
23. Following the Board of Auditors annual meeting on January 9, 2014, James Syre,
Chairman of the Board of Auditors, received correspondence from Cocchi, dated
January 17, 2014.
a. In that letter, Cocchi expressed his concern with his drop in pay from $23.35
per hour to $15.00 per hour as set at the January 9, 2014, Board of Auditors
meeting.
Cocchi noted that he does not accept health insurance benefits,
participate in the pension plan or receive mileage for use of his
personal vehicle while on official business.
b. Cocchi attached a copy of the 2012 Pennsylvania State Association of
Township Supervisors ( "PSATS ") wage and salary survey to that letter in
support of his position.
C. Cocchi asked Syre and /or the Board of Auditors to reconsider Cocchi's
decrease in hourly pay.
d. Syre took no action in response to Cocchi's January 17, 2014,
correspondence.
24. Syre received a second letter from Cocchi, dated February 12, 2014, requesting
that Syre reconsider a pay rate of $22.36 per hour, noting that this was the average
salary in the area for such a position.
a. Cocchi again referenced the copy of the 2012 PSATS wage and salary
survey that had been attached to the first letter mailed to Syre from Cocchi.
25. As a result of Cocchi's multiple correspondences to Syre /the Board of Auditors, a
special Board of Auditors meeting was held on March 29, 2014.
a. Cocchi was in attendance at that meeting.
b. The Board of Auditors established a pay rate of $22.36 per hour for Cocchi's
duties as the "Treasurer."
C. The Board of Auditors limited Cocchi to a maximum of two (2) working hours
per work week in which Cocchi could claim compensation as "Treasurer."
"Treasurer" duties were to encompass the non - administrative work
outside of "Bookkeeper."
d. The Board of Auditors established a working Supervisor pay rate of $15.00
per hour for Cocchi's duties as the Bookkeeper.
Cocchi, 15 -017
Page 8
1. There is not a specified job description for the position of
"Bookkeeper" either with the Township or within the Second Class
Township Code.
2. The Bookkeeper designation by the Board of Auditors was to account
for Cocchi's day -to -day work duties with the Township consisting of
maintaining account ledgers and updating records.
e. The Board of Auditors limited Cocchi to a maximum of four (4) working hours
per workday in which Cocchi could claim compensation as the Bookkeeper.
f. The Supervisors never made a distinction between Cocchi's duties as either
a bookkeeper or Treasurer.
26. Following the multiple meetings of the Board of Auditors, Cocchi authored an online
letter to the editor of The News Eagle on April 16, 2015.
a. Cocchi offered an explanation regarding his working Supervisor pay rate.
1. Cocchi's letter referred to the termination of Roe and the urgent need
to fill the positions of Township Secretary and Township Treasurer.
2. Cocchi admitted to having asked Stuart for guidance at the
September 16, 2013, meeting in establishing Cocchi's working
Supervisor pay rate.
3. Cocchi stated that Stuart advised that he (Cocchi) was to receive
$23.35 per hour as his working Supervisor pay rate.
27. Cocchi utilized the authority of his public position when he participated in actions of
the Board of Supervisors to set his working Supervisor wage at $23.35 an hour for
his service as the interim Township Secretary/Treasurer, absent approval from the
Board of Auditors.
a. Cocchi signed all nine (9) payroll checks issued to him between September
7, 2013, and January 3, 2014, the time period in which his working
Supervisor wage was not set/authorized by the Board of Auditors.
b. Cocchi also motioned and /or voted to approve payment of Township bills
that included his payroll.
28. Cocchi received compensation as the interim Township Secretary/Treasurertotaling
$9,027.42 without approval from the Board of Auditors.
a. Cocchi participated in discussions leading to a rate of pay for him of $23.35
per hour.
b. At the time of her dismissal, former Township Secretary/Treasurer Roe was
compensated at the rate of $20.07 per hour.
C. Cocchi was paid $3.28 per hour more than Roe for 450 hours of service,
which totaled $1,476.00 (450 hours x $3.28 per hour).
d. The total private pecuniary gain realized by Cocchi was $1,476.00.
The following findings relate to the allegations that Cocchi failed to file /filed
Cocchi, 15 -017
Page 9
deficient Statements of Financial Interests for the 2010 through 2014 calendar years.
29. As a public official, Cocchi is required to file a complete and accurate Statement of
Financial Interests ( "SFI ") on an annual basis by May 1St
30. On May 18, 2015, Township Secretary Camille James provided all SFIs filed by
Cocchi for calendar years 2010 through 2014 to an investigator for the State Ethics
Commission pursuant to an SFI compliance review.
a. SFIs provided by James for Cocchi were for the 2010, 2011, 2012 and 2014
calendar years.
On or about January 8, 2016, Cocchi provided the State Ethics
Commission with a copy of his filed calendar year 2013 SFI.
31. Cocchi neglected to include his annual compensation of $1,875.00 as a Township
Supervisor in Block 10 (Direct/Indirect Sources of Income) on his 2010, 2011, 2012,
2013 and 2014 calendar year SFIs.
a. Cocchi additionally neglected to include his working Supervisorwage within
his calendar year 2014 SFI.
b. Cocchi subsequently filed amended SFIs for calendar years 2010 through
2014 with the Township.
III. DISCUSSION:
As a Supervisor for Lackawaxen Township ( "Township "), Pike County, since
January 4, 2010, Respondent Robert Cocchi, also referred to hereinafter as "Respondent,"
"Respondent Cocchi," and "Cocchi," has been a public official subject to the provisions of
the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seg.
The allegations are that Cocchi violated Sections 1103(a), 1104(a), 1104(d), and
1105(b)(5) of the Ethics Act: (1) when he utilized the authority of his public position to
realize a private pecuniary benefit, when he set his rate of pay as a Township employee
absent approval from the Township Board of Auditors; (2) when he motioned for and
approved the payment of bills that included his Township employee pay; (3) when he
served as a Township signatory on checks issued to him; (4) when he failed to file a
Statement of Financial Interests ( "SFI ") for the 2013 calendar year; and (5) when he failed
to disclose all direct/indirect sources of income in excess of $1,300.00 on SFIs filed forthe
20107 20117 2012 and 2014 calendar years.
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
Cocchi, 15 -017
Page 10
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1104(a) of the Ethics Act provides that each public official /public employee
must file an SFI for the preceding calendar year, each year that he holds the position and
the year after he leaves it.
Section 1104(d) of the Ethics Act provides that no public official shall be allowed to
take the oath of office, or enter or continue upon his duties, nor shall he receive
compensation from public funds, unless he has filed an SFI as required by the Ethics Act.
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.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
The Township is governed by a three - Member Board of Supervisors. Cocchi has
served as a Township Supervisor since January 4, 2010. Cocchi served as Vice Chairman
of the Board of Supervisors from January 4, 2010, to January 5, 2014. Cocchi has served
as Chairman of the Board of Supervisors since January 6, 2014.
The Supervisors receive $1,875.00 gross annually, paid in quarterly installments,
for services rendered as Supervisors. Pursuant to the Second Class Township Code, any
Supervisor who is employed by the Township must have a working Supervisor wage
established by the Township Board of Auditors ( "Board of Auditors ").
Township employees are paid on a bi- weekly basis. The Supervisors approve the
bi- weekly Township employee payroll as part of bill lists received at regularly scheduled
monthly meetings of the Board of Supervisors. All three Supervisors maintain signature
authority over Township accounts. Township- issued checks require the signatures of any
two of the Supervisors.
Cocchi, 15 -017
Page 11
In September 2013, the Board of Supervisors consisted of Cocchi, Richard Krochta
( "Krochta "), and Brian Stuart ( "Stuart "). Stuart was Chairman of the Board of Supervisors at
that time. Krochta has been employed with the Township in various road /labor capacities
for approximately twenty -five years, and he has served as the appointed Township
Roadmaster for approximately fifteen years.
At the regularly scheduled meeting of the Board of Supervisors on September 16,
2013, the Supervisors made a unanimous decision to terminate the employment of Shawn
Roe ( "Roe "), who was then serving as the Township Secretary/Treasurer. An inquiry and
accounting had determined that Roe had allegedly embezzled large sums of money from
the bank accounts of the Township. During an executive session at the meeting, the
Board of Supervisors terminated Roe's employment with the Township. Roe was being
paid at the rate of $20.07 per hour at the time that her employment was terminated.
During the executive session at the September 16, 2013, meeting, the Board of
Supervisors discussed the necessity of appointing one of the Supervisors to serve as the
interim Township Secretary/Treasurer as a consequence of the vacancy in the position of
Township Secretary/Treasurer. Stuart was not available as he was employed full -time,
and Krochta was not available as he was serving full -time as the Township Roadmaster.
Cocchi was retired from his position as a New York City Detective, and he had the time to
devote to the position of interim Township Secretary/Treasurer. The Board of Supervisors
unanimously decided that Cocchi would serve as the interim Township
Secretary/Treasurer. Cocchi's appointment as the interim Township Secretary/Treasurer
was not reflected in the minutes of the September 16, 2013, meeting.
Upon Cocchi's appointment as the interim Township Secretary/Treasurer, the Board
of Supervisors, including Cocchi, discussed the compensation that Cocchi should receive
for serving as the interim Township Secretary/Treasurer. In 2013, Krochta's wage for
serving as the Township Roadmasterwas $23.35 per hour as set by the Board of Auditors.
Stuart believed that the Board of Auditors had set an hourly rate for any Supervisor
working for the Township, and he stated that Cocchi would be paid the same hourly rate
that Krochta was receiving for serving as the Township Roadmaster. Krochta disagreed as
to $23.35 an hour being Cocchi's wage as a working Supervisor, believing instead that the
wage of $23.35 an hour was set specifically for Krochta as the Township Roadmaster and
reflected his longevity as a Township employee. Cocchi accepted the wage of $23.35 an
hour as stated by Stuart. Meeting minutes do not reflect an official vote approving the
compensation to be paid to Cocchi for serving as the interim Township
Secretary/Treasurer. In light of the interpretation that the Board of Auditors had set or
approved the working Supervisor wage, there was no specific request for the Board of
Auditors to approve the wage paid to Cocchi for his service as the interim Township
Secretary/Treasurer.
Cocchi served as the interim Township Treasurer from at least September 16, 2013,
until October 21, 2013. The Board of Supervisors unanimously voted to appoint Cocchi as
the Township Treasurer on October 21, 2013. Cocchi served as the interim Township
Secretary from September 16, 2013, to January 5, 2014.
The first Township pay period in which Cocci received a working Supervisor wage
of $23.35 per hour was from September 7, 2013, to September 20, 2013. The last
Township pay period in which Cocci received a working Supervisor wage of $23.35 per
hour was from December 21, 2013, to January 3, 2014.
Cocchi participated in actions of the Board of Supervisors to approve bill lists which
included payments to him as a working Supervisor. At the October 21, 2013, meeting of
the Board of Supervisors, Cocchi participated in a voice vote to approve a bill list which
included payroll payments to him. At meetings of the Board of Supervisors on November
18, 2013, and December 15, 2013, Cocci motioned and voted to approve bill lists which
Cocchi, 15 -017
Page 12
included payroll payments to him. Cocchi signed, as an authorized Township signatory, all
nine payroll checks that were issued to him between September 7, 2013, and January 3,
2014, at a time when his wage as a working Supervisor had not been approved by the
Board of Auditors.
During the Township pay periods that Cocci received a working Supervisorwage of
$23.35 per hour, he logged a total of 450 hours performing bookkeeper and Township
Secretary/Treasurer duties. At the time that Roe's employment as the Township
Secretary/Treasurer was terminated, she was compensated at the rate of $20.07 per hour.
At Cocchi's pay rate of $23.35 per hour, he was paid a total of $1,476.00 more than Roe
would have been paid for 450 hours of service at her pay rate of $20.07 per hour. See,
Fact Finding 28 c.
At the January 6, 2014, reorganizational meeting of the Board of Supervisors,
Cocchi was reappointed as the Township Treasurer and Camille James ( "James ") was
appointed as the Township Secretary. On January 9, 2014, the Board of Auditors held its
annual meeting. The Board of Auditors set a wage of $15.00 per hour for Cocchi for
bookkeeping duties. The Board of Auditors additionally established a wage of $10.00 per
hour for a Supervisor working on an as- needed basis with the Township.
Following the Board of Auditors annual meeting, James Syre ( "Syre "), Chairman of
the Board of Auditors, received a letter dated January 17, 2014, from Cocchi. In his letter,
Cocchi expressed his concern with his drop in pay from $23.35 per hourto $15.00 per hour
as set at the meeting. Cocchi noted that he does not accept health insurance benefits,
participate in the pension plan, or receive mileage for use of his personal vehicle while on
official business. Cocchi asked that his decrease in hourly pay be reconsidered, and he
attached a copy of the 2012 Pennsylvania State Association of Township Supervisors
( "PSATS ") wage and salary survey to his letter in support of his position. Syre took no
action in response to Cocchi's letter. Ina second letter to Syre, Cocchi again referenced
the 2012 PSATS wage and salary survey, and he requested that a pay rate of $22.36 per
hour be considered.
As a result of Cocchi's letters to Syre, a special meeting of the Board of Auditors
was held on March 29, 2014. The Board of Auditors established a pay rate of $22.36 per
hour for Cocchi's duties as the Township Treasurer. The Board of Auditors further
established a working Supervisor pay rate of $15.00 per hour for Cocchi's duties as the
"Bookkeeper." The Bookkeeper designation by the Board of Auditors was to account for
Cocchi's day -to -day work duties consisting of maintaining account ledgers and updating
records. The Township Treasurer duties were to encompass the non - administrative work
outside of the Bookkeeper designation. The Board of Auditors limited Cocchi to a
maximum of two hours per work week for which he could claim compensation as the
Township Treasurer and a maximum of four hours per workday for which he could claim
compensation as the Bookkeeper.
As a Township Supervisor, Cocchi is required to annually file a complete and
accurate SFI by May 1. Pursuant to an SFI compliance review, on May 18, 20157
Township Secretary James provided a Commission investigator with all SFIs filed by
Cocchi for calendar years 2010 through 2014. The SFIs that were provided were for the
20107 20117 2012, and 2014 calendar years.
On or about January 8, 2016, Cocchi provided the Commission with a copy of his
filed SFI for the 2013 calendar year. Per the Consent Agreement, the parties are in
agreement that sufficient evidence exists to establish that Cocchi's SFI for the 2013
calendar year was timely filed.
Cocchi neglected to disclose the Township as a source of income on his SFI forms
encompassed within the portion of the allegations pertaining to Section 1105(b)(5) of the
Cocchi, 15 -017
Page 13
Ethics Act. Cocchi subsequently filed amended SFIs for calendar years 2010 through
2014 with the Township.
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 Robert Cocchi, in his
capacity as a Supervisor for Lackawaxen
Township, utilized the authority of his public
position to realize a private pecuniary benefit, by
participating in actions of the Board of
Supervisors to set his rate of pay as a Township
employee, absent approval from the Board of
Auditors; when he motioned for and approved
the payment of bills that included his Township
employee pay; and when he served as a
Township signatory on checks issued to him.
b. 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 Robert
Cocchi, in his capacity as a Supervisor for
Lackawaxen Township failed to disclose all
direct/indirect sources of income in excess of
$1,300.00 on Statements of Financial Interests
filed for the 2010, 2011, 2012, and 2014
calendar years.
C. That no violation of Section 1104(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a), occurred as to Robert Cocchi's
[alleged] failure to file a Statement of Financial
Interests for the 2013 calendar year, as sufficient
evidence exists to establish that same was
timely filed.
d. Cocchi asserts that he acted in good faith and
without fraudulent intent; nonetheless he
acknowledges that provisions of the
Pennsylvania Public Official and Employee
Ethics Act were violated.
4. Cocchi agrees to make payment in the amount of $1,476.00 in
settlement of this matter payable to Lackawaxen Township and
forwarded to the Pennsylvania State Ethics Commission within
thirty (30) days of the issuance of the final adjudication in this
matter.
5. To the extent he has not already done so, Cocchi agrees to file
Cocchi, 15 -017
Page 14
complete and accurate Statements of Financial Interests with
Lackawaxen Township through the Pennsylvania State Ethics
Commission, for calendar years 2010, 2011, 2012, 2013 and
2014 within thirty (30) days of the issuance of the final
adjudication in this matter.
6. Cocchi agrees to not accept any reimbursement,
compensation or other payment from Lackawaxen Township
representing a full or partial reimbursement of the amount paid
in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does
not prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 1 -2
In considering the Consent Agreement of the parties, we accept the parties'
recommendation for a finding that a violation of Section 1103(a) of the Ethics Act occurred
when Cocchi, in his capacity as a Supervisor, utilized the authority of his public position to
realize a private pecuniary benefit by participating in actions of the Board of Supervisors to
set his rate of pay as a Township employee, absent approval from the Board of Auditors;
when he motioned for and approved the payment of bills that included his Township
employee pay; and when he served as a Township signatory on checks issued to him.
During an executive session at the regularly scheduled meeting of the Board of
Supervisors on September 16, 2013, the Board of Supervisors terminated the employment
of then - Township Secretary /Treasurer Roe. At the time that her employment was
terminated, Roe was being paid at the rate of $20.07 per hour.
During the executive session at the September 16, 2013, meeting, the Board of
Supervisors unanimously decided that Cocchi would serve as the interim Township
Secretary /Treasurer. Upon Cocchi's appointment as the interim Township
Secretary /Treasurer, the Board of Supervisors, including Cocchi, discussed the
compensation that Cocchi should receive for serving as the interim Township
Secretary /Treasurer. Supervisor Krochta's wage for serving as Township Roadmaster in
2013 was $23.35 per hour as set by the Board of Auditors. Chairman Stuart believed that
the Board of Auditors had set an hourly rate for any Supervisor working for the Township,
and he stated that Cocchi would be paid the same hourly rate that Krochta was receiving
for serving as the Township Roadmaster. Cocchi accepted the wage of $23.35 an hour as
stated by Stuart. In light of the interpretation that the Board of Auditors had set or
approved the working Supervisor wage, there was no specific request for the Board of
Auditors to approve the wage paid to Cocchi for his service as the interim Township
Secretary /Treasurer.
Cocchi served as the interim Township Treasurer from at least September 16, 20137
until October 21, 2013, when he was appointed as the Township Treasurer. Cocchi served
as the interim Township Secretary from September 16, 2013, to January 5, 2014.
Cocchi used the authority of his public position as a Supervisor: (1) when, on
October 21, 2013, he participated in a voice vote to approve a bill list which included
Cocchi, 15 -017
Page 15
payroll payments to him; (2) when, on November 18, 2013, and December 15, 2013, he
motioned and voted to approve bill lists which included payroll payments to him; and (3)
when he signed, as an authorized Township signatory, all nine payroll checks that were
issued to him between September 7, 2013, and January 3, 2014.
During the Township pay periods that Cocci received a working Supervisorwage of
$23.35 per hour, he logged a total of 450 hours performing bookkeeper and Township
Secretary /Treasurer duties. At Cocchi's pay rate of $23.35 per hour, which was not
approved by the Board of Auditors, Cocchi was paid a total of $1,476.00 more than Roe
would have been paid for 450 hours of service at her pay rate of $20.07 per hour.
Based upon the Stipulated Findings and the Consent Agreement, we hold that a
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Cocchi, in his capacity as a Supervisor, utilized the authority of his public position to
realize a private pecuniary benefit by participating in actions of the Board of Supervisors to
set his rate of pay as a Township employee, absent approval from the Board of Auditors;
when he motioned for and approved the payment of bills that included his Township
employee pay; and when he served as a Township signatory on checks issued to him.
Turning to the allegations involving Cocchi's SFIs, we hold that a violation of
Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Cocchi, in
his capacity as a Supervisor, failed to disclose all direct/indirect sources of income in
excess of $1,300.00 on SFIs filed for the 2010, 20117 2012, and 2014 calendar years.
We further hold that no violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. §
1104(a), occurred as to Cocchi's alleged failure to file an SFI for the 2013 calendar year,
as the parties are in agreement that sufficient evidence exists to establish that same was
timely filed.
It appears that the Investigative Division in the exercise of its prosecutorial
discretion has elected to non pros the portion of the allegations pertaining to Section
1104(d) of the Ethics Act.
As part of the Consent Agreement, Cocchi has agreed to make payment in the
amount of $1,476.00 payable to Lackawaxen Township and forwarded to this Commission
within thirty (30) days of the issuance of the final adjudication in this matter. Cocchi has
also agreed to not accept any reimbursement, compensation or other payment from the
Township representing a full or partial reimbursement of the amount paid in settlement of
this matter. To the extent he has not already done so, Cocchi has agreed to file complete
and accurate SFIs with the Township, through this Commission, for calendar years 2010,
20117 20127 2013, and 2014 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, Cocchi is directed to make
payment in the amount of $1,476.00 payable to Lackawaxen Township and forwarded to
this Commission by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order.
Per the Consent Agreement of the parties, Cocchi is directed to not accept any
reimbursement, compensation or other payment from the Township representing a full or
partial reimbursement of the amount paid in settlement of this matter.
Cocchi, 15 -017
Page 16
To the extent he has not already done so, Cocchi is directed to file complete and
accurate Statements of Financial Interests for calendar years 2010, 2011, 2012, 2013, and
2014 with the Township, through this Commission, by no later than the thirtieth (30th) 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 Supervisor for Lackawaxen Township ( "Township "), Pike County, since
January 4, 2010, Respondent Robert Cocchi ( "Cocchi ") has been a public official
subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics
Act "), 65 Pa.C.S. § 1101 et seq.
2. Cocchi violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when, in
his capacity as a Township Supervisor, he utilized the authority of his public
position to realize a private pecuniary benefit by participating in actions of the
Township Board of Supervisors to set his rate of pay as a Township employee,
absent approval from the Township Board of Auditors; when he motioned for and
approved the payment of bills that included his Township employee pay; and when
he served as a Township signatory on checks issued to him.
3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5)7
occurred when Cocchi, in his capacity as a Township Supervisor, failed to disclose
all direct/indirect sources of income in excess of $1,300.00 on Statements of
Financial Interests filed for the 2010, 20117 2012, and 2014 calendar years.
4. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred as
to Cocchi's alleged failure to file a Statement of Financial Interests for the 2013
calendar year, as the parties are in agreement that sufficient evidence exists to
establish that same was timely filed.
In Re: Robert Cocchi, File Docket: 15 -017
Respondent Date Decided: 4/6/16
Date Mailed: 4/15/16
ORDER NO. 1691
Robert Cocchi ( "Cocchi ") violated Section 1103(a) of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when, in his capacity as a
Supervisor for Lackawaxen Township ( "Township "), Pike County, he utilized the
authority of his public position to realize a private pecuniary benefit by participating
in actions of the Township Board of Supervisors to set his rate of pay as a
Township employee, absent approval from the Township Board of Auditors; when
he motioned for and approved the payment of bills that included his Township
employee pay; and when he served as a Township signatory on checks issued to
him.
2. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred when Cocchi, in his capacity as a Township Supervisor, failed to disclose
all direct/indirect sources of income in excess of $1,300.00 on Statements of
Financial Interests filed for the 2010, 2011, 2012, and 2014 calendar years.
3. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred as
to Cocchi's alleged failure to file a Statement of Financial Interests for the 2013
calendar year, as the parties are in agreement that sufficient evidence exists to
establish that same was timely filed.
4. Per the Consent Agreement of the parties, Cocchi is directed to make payment in
the amount of $1,476.00 payable to Lackawaxen Township and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30t ) day after
the mailing date of this Order.
5. Per the Consent Agreement of the parties, Cocchi is directed to not accept any
reimbursement, compensation or other payment from the Township representing a
full or partial reimbursement of the amount paid in settlement of this matter.
6. To the extent he has not already done so, Cocchi is directed to file complete and
accurate Statements of Financial Interests for calendar years 2010, 2011, 2012,
2013, and 2014 with the Township, throuq,h the Pennsylvania State Ethics
Commission, by no later than the thirtieth (30 ) day after the mailing date of this
Order.
7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this
case with no further action by this Commission.
Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Name, Case
Page 18
Nicholas A. Colafella, Chair