HomeMy WebLinkAbout1699 BishopF ��3
STATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Louise Williams Bishop, File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
14 -016
Order No. 1699
10/19/16
10/28/16
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Meanie 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 sew., 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 Louise Bishop, a public official /public employee in her capacity
as a Member of the Pennsylvania General Assembly, House of Representatives,
specificall reppresenting the 192n District, [violated Sections 1103(x), 1103(c), 1105(b)(5),
and 11 Qlb)(6) 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 action as a Member of the House of Representatives, including
official action and /or judgment, would be influenced by receipt of said items of value,
namely cash in the form of [a] gift/loan, and /or political contribution; and when she failed tq
disclose on Statements of Financial Interests she filed as a Representative of the 192'
District her receipt of cash payments for the 2010 and 2011 calendar years either as a
direct or indirect source of income and /or gift(s).
II. FINDINGS:
At all times relevant to the instant proceedings, Louise Bishop ( "Bishop ") served as
a Member of the Pennsylvania House of Representatives, [with such service
beginning inj January 1989.
a. As a Merpber of the General Assembly, Representative Bishop represented
the 192 Legislative District.
2. Tyron B. Ali ( "Ali ") was a lobbyist and businessman in the Philadelphia area.
a. Ali was a registered lobbyist with the Pennsylvania Department of State from
about April 2008 to 2012.
P.O. BOX 1 1470, HARRISBURG, PA 17108-1470 • 717 -783 -1610 • 1 -800- 932 -0936 • www.ethics.state,pa.us
Bishou, 14 -016
Page 2
1. Ali had a lobbyist registration number of 1x.08823.
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.
3. Beginning in or about October 2010, Ali began making cash payments to
Philadelphia area public officials.
4. In 2010 - 2011, Representative Bishop received payment totaling $1,500.00
( "Payment ") from Ali.
5. Representative Bishop accepted the Payment from Ali.
6. The Payment received by Representative Bishop was not reported as a campaign
donation on any campaign finance reports filed by Representative Bishop or on her
behalf.
7. In her capacity as an elected public official, Representative Bishop was required to
annually fife 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.
b. Forms are required to be filed by May 1St of each year a person holds office
and one (1) year after leaving a public office.
8. Representative Bishop annually filed SFIs with the State Ethics Commission as
follows:
Calendar Year
Date
2010
04104
2011
01117/2012
2012
03111/2013
2013
03/10/2014
12014
1 02 02 20
5
9. SFIs filed by Representative Bishop for the 2010 - 2011 calendar years did not
include any disclosure of the cash Payment she accepted from Ali.
a. The cash Payment received by Representative Bishop in 2010 - 2011
exceeded the $250.00 reporting requirement for gifts to be reported on SFIs.
Bishop, 14 -016
Page 3
Ill. DISCUSSION:
As a Member of the Pennsylvania General Assembly, House of Representatives
( "House of Representatives" ), Respondent Louise Williams Bishop, also referred to
hereinafter as ` Respondent," "Respondent Bishop," and "Bishop," was a public official
subject to the provision, of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa.C.S. § 1101 et sere
The allegations are that Bishop violated Sections 1103(a), 1103Imonetary 1105(b)(5), and
1105(b)(6) of the Ethics Act when she solicited and/or accepted items value,
including cash, and /or a cash gift, loan, and /or political contribution, 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 items of value,
namely cash in the form of a gift/loan and /or political contribution; and when she failed to
disclose her receipt of cash payments as either a direct or indirect source of income or
gift(s) on Statements of Financial Interests (" SFls ") she filed for the 2010 and 2011
calendar years as a Representative of the 192" Legislative District.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a member
of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
1 We take administrative notice that Bishop resigned from the House of Representatives on December 16,
2015. See, http: / /www.legis. state. pa. us/ cfdocs/ legis /BiosHisto!) /MemBio.cfm ?ID= 992 &bodv =H.
Bishop, 14 -016
aP ge 4
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
officiaf, 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)(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.
Bishop began serving as a Member of the House of Representatives in January
1989. Bishop represented the 192" Legislative District.
Tyron B. Ali ( "Ali ") was a lobbyist and businessman 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.
In or about October 2010, Ali began making cash payments to Philadelphia area
public officials. From 20'10 to 2011, Bishop received cash payments totaling $1,500.00
from Ali. The payments that Bishop received from Ali were not reported on any campaign
finance reports filed by Bishop or on her behalf.
In her official capacity as a Member of the House of Representatives, Bishop was
required to file an SFI form by May 1 annually containing financial information for the prior
calendar year. Bishop did not disclose on her SFIs for calendar years 2010 and 2011 the
aforesaid payments she received from Ali during those calendar years.
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:
Bishop, 14 -016
Page 5
The Investigative Division will recommend the following in
relation to the above allegations:
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 Bishop engaged in a conflict of interest, at a
time when she solicited and/or accepted items of
monetary value, including cash, as a Member of
the House of Representatives, due to a lack of
substantial clear and convincing evidence such
that the Investigative Division would be unable to
meet its burden to establish a violation of same.
b. That no violation of Section 1103(c) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(c), occurred in relation to the allegation that
Bishop 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 action as a Member
of the House of Representatives, including
official action and /or udgment, would be
influenced by receipt of said items of value,
namely cash in the form of [a] gift/loan, and /or
political contribution, due to a lack of substantial
clear and convincing evidence such that the
Investigative Division would be unable to meet
its burden to establish a violation of same.
C. That no violation of Section 1105(b)(5) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b (5), occurred when Bishop
failed to disclose [ he name and address of the
source of] cash payments exceeding $1,300.00
on Statements of Financial Interests filed as a
Representative of the 192" District for the 2010
and 2011 calendar gears, as the amount of
income received by Bishop in alleged violation of
the Ethics Act did not exceed the reporting
threshold.
d. That a violation of Section 1105(b)(6) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(6), occurred when Bishop
failed to disclose, as a gift, the receipt of cash
ppayments exceeding $250.00 on Statements of
Financial Interests filed as a Representative of
the 192" District for the 2010 and 2011 calendar
years.
Bishop agrees to make payment in the amount of $6,000.00 in
settlement of this matter as follows:
Bishop aggrees to make payment of $500.00
(representing two (2) years of deficient
Statement of Financial Interests filings) to the
Commonwealth of Pennsylvania, and forwarded
Bishop, 14 -016
Page 6
to the Pennsylvania State Ethics Commission
within thirty (30) days of the issuance of the final
adjudication in this matter.
Bishop agrees to make payment of $500.00
(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. Bishop agrees to make payment of $5,000.00 to
the Commonwealth of Pennsylvania. The
payment of the $5,000,00 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-
0001993 -2015, and is to be paid through the
Court of Common Pleas.
5. To the extent she has not already done so, Bishop agrees to
file complete and accurate amended Statements of Financial
Interests with the Pennsylvania House of Representatives
through the Pennsylvania State Ethics Commission, for the
2010 and 2011 calendar years within thirty (30) days of the
issuance of the final adjudication in this matter.
6. Bishop 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 no violation as to the Section 1103(a) allegation and a
finding of no violation as to the Section 1103(c) allegation. The parties are in agreement
that there is a lack of clear and convincing evidence to establish a violation of Section
1103(a) of the Ethics Act or a violation of Section 1103(c) of the Ethics Act.
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 Bishop engaged in a conflict of interest at a time
when she solicited and/or accepted items of monetary value, including cash, as a Member
of the House of Representatives, based upon an insufficiency of evidence.
We further hold that no violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. §
1103(c), occurred in relation to the allegation that Bishop solicited and/or accepted items of
Bishop, 14 -016
Page 7
monetary value, including cash and/or a cash gift, loan and /or political contribution, 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 items of
value, namely cash in the form of a gift/loan and /or political contribution, based upon an
insufficiency of evidence.
As for the allegations regarding Bishop's SFIs for the 2010 and 2011 calendar
years, it is clear that Bishop failed to disclose the cash payments she received from Ali in
those calendar years.
The parties have recommended a finding, and we hold, that a violation of Section
1105(b)(6) of the Ethics Act, 65 Pa.C.S. § 1105(b)(6), occurred when Bishop failed to
disclose as a gift the receipt of cash payments exceeding $259.00 on SFIs filed for the
2010 and 2011 calendar years as a Representative of the 192' Legislative District.
The parties have further recommended a finding of no violation as to the allegation
under Section 1105(b) {5) of the Ethics Act (pertaining to the disclosure on the SFI of the
name and address of direct or indirect sources of income), reasoning that the aforesaid
cash payments fell below the reporting threshold. We note that the Ethics Act defines the
term income to specifically exclude gifts. See, 65 Pa.C.S. § 1102. Therefore, by law, the
cash payments cannot constitute both "gam" and "income" for purposes of financial
disclosure under the Ethics Act.
Accordingly, we hold that no violation of Section 1105(b }(5) of the Ethics Act, 65
Pa.C.S. § 1105(b)(5), occurred in relation to the allegation that Bishop failed to disclose the
name and address of the source of cash payments as a direct/indirect source of income on
SFIs filed for the 2010 and 2011 calendar years, as such payments constituted "gifts" and
not "income" for purposes of financial disclosure under the Ethics Act.
As part of the Consent Agreement, Bishop has agreed to make payment in the
amount of $6,000.00 payable as follows: (1) $500.00 representing two years 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) $500.00 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) $5,000.00 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-
0001 993 -2015. We take administrative notice that the parties' reference to "the Court of
Common Pleas" is to the Dauphin County Court of Common Pleas.
Bishop 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.
To the extent she has not already done so, Bishop has further agreed to file
complete and accurate amended SFIs for calendar years 2010 and 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 Bishop is directed to make
payment in the amount of $6,000.00 payable as follows: (1 $500.00 representing two
years of deficient SFI filings, payable to the Commonwealth of Pennsylvania and forwarded
Bishop, 14 -016
Page 8
to this Commission by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order; (2) $500.00 representing a portion of the expenses and costs
incurred by this Commission in the investigation and administrative prosecution of the
instant mater, payable to the Pennsylvania State Ethics Commission by no later than the
thirtieth (30 ) day after the mailing date of this adjudication and Order; and (3) $5,000.00
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- 0001993 -2015.
Per the Consent Agreement of the parties, Bishop is further directed to not accept
any reimbursement, compensation or other payment from the Penns lvania 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, Bishop is directed to file complete and
accurate amended SFIs for calendar years 2010 and 2011 with �Pe House of
Representatives, through this Commission, by no later than the thirtieth (30 ) day afterthe
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 Louise Williams Bishop ( "Bishop ") was a
public official subject to the provisions of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et se q.
2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to the allegation that Bishop engaged in a conflict of interest at a time when
she solicited and/or accepted items of monetary value, including cash, as a Member
of the House of Representatives, based upon an insufficiency of evidence.
3. No violation of Section 1103(c) of the Ethics Act, 65 Pa.C.S. § 1103(c), occurred in
relation to the allegation that Bishop 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 action as a Member of the House of Representatives,
including official action and /or judgment, would be influenced by receipt of said
items of value, namely cash in the form of a gift/loan and /or political contribution,
based upon an insufficiency of evidence.
4. A violation of Section 1105(b)(6) of the Ethics Act, 65 Pa.C.S. § 1105(b)(6),
occurred when Bishop failed to disclose as a gift the receipt of cash payments
exceeding $250.00 on Statements of Financial Interests filed for the 2010 and 2011
calendar years as a Representative of the 192" Legislative District.
5. No violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred in relation to the allega ion that Bishop failed to disclose the name and
address of the source of cash payments as a direct/indirect source of income on
Statements of Financial Interests filed for the 2010 and 2011 calendar years, as
such payments constituted "gifts" and not "income" for purposes of financial
disclosure under the Ethics Act.
In Re: Louise Williams Bishop,
Respondent
File Docket: 14 -016
Date Decided: 10/19/16
Date Mailed: 10128116
ORDER NO. 1699
Louise Williams Bishop ( "Bishop "), as a Member of the Pennsylvania General
Assembly, House of Representatives ( "House of Representatives, did not violate
Section 1103(a) of the Public Official and Employee Ethics Act ('Ethics Act "), 65
Pa.C.S. § 1103(a), in relation to the allegation that she engaged in a conflict of
interest at a time when she solicited and/or accepted items of monetary value,
including cash, as a Member of the House of Representatives, based upon an
insufficiency of evidence.
No violation of Section 1103(c ) of the Ethics Act, 65 Pa.C.S. § 1103(c), occurred in
relation to the allegation that Bishop 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 action as a Member of the House of Representatives,
including official action and/or judgment, would be influenced by receipt of said
items of value, namely cash in the form of a gift/loan and/or political contribution,
based upon an insufficiency of evidence.
A violation of Section 1105(b)(6) of the Ethics Act, 65 Pa.C.S. § 1105(b)(6),
occurred when Bishop failed to disclose as a gift the receipt of cash payments
exceeding $250.00 on Statements of Financial Interests filed for the 2010 and 201'1
calendar years as a Representative of the 192" Legislative District.
4. No violation of Section 1'105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
occurred in relation to the allegation that Bishop failed to disclose the name and
address of the source of cash payments as a direct/indirect source of income on
Statements of Financial Interests filed for the 2010 and 2011 calendar years, as
such payments constituted "gifts" and not "income" for purposes of financial
disclosure under the Ethics Act.
Per the Consent Agreement of the parties, Bishop is directed to make payment in
the amount of $6,000.00 payable as follows: (1) $500.00 representing two years of
deficient Statement of Financial Interests filings, payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no
later than the thirtieth (30) day after the mailing date of this Order; (2) $500.00
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, payaye to the Pennsylvania State Ethics Commission b� no later
than the thirtiethh (30 ) day after the mailing date of this Order; and (3) 5,000.00
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-
0001993 -2015.
Per the Consent Agreement of the parties, Bishop 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.
Bisho 14 -016
Page 10
7. To the extent she has not already done so, Bishop is directed to file complete and
accurate amended Statements of Financial Interests for calendar years 2010 and
2011 with the House of Representatives, thrggh the Pennsylvania State Ethics
Commission, 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 o a e a, Chair %