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HomeMy WebLinkAbout1708 Lieberman,r l STATE ETHICS COMMISSION 309 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Harvey Lieberman, File Docket: Respondent X -ref: Date Decided: Date Mailed: 15 -051 Order No. 1708 1124117 1131117 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick 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 b 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 Harvey Lieberman, a public official /public employee in his capacity as the Tax Collector for the Borough of Dormont, Allegheny County, violated Sections 1103(a), 1104 a , and 1104(d) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §5 1103x, 10a�, 1104(d), when he used the authority of his public position for the benefit of himself and/or a business with which he is associated by using the offices of the Dormont Tax Collector for the benefit of the Dormant Democratic Committee, a business with which he and/or a member of his immediate family is associated, including but not limited to the use of office space, fax machines, copiers, computers and telephones to solicit campaign contributions in support of candidates supported by the Dormont Democratic Committee; and when he failed to file Statements of Financial Interests in connection with his service as Tax Collector with Dormant Borough for calendar years 2010, 2011, 2013, and 2014. II. FINDINGS: Harvey W. Lieberman has served as the Real Estate Tax Collector (hereafter "Tax Collector ") for Dormont Borough, Allegheny County, since January 2, 1990. a. As the elected Tax Collector for Dormont Borough, Lieberman also serves as a Tax Collector for Keystone Oaks School District. Dormont Borough hereafter "Borough ") comprises one geographical area of Keystone Oaks School District. P.O. BOX 1 1470, HARRISBURG, PA 17 1 08- 1470 ® 7 1 7 -783- 1 6 1 0 - 1 -800- 932 -0936 ® www.ethics.state.pa.us Lieberman, 15 -051 age 2. Keystone Oaks School District is comprised of the three (3) non- contiguous Boroughs of Dormont, Castle Shannon and Green Tree. 2. The local tax collector is the municipal officer designated to collect municipal as well as school district real estate and personal taxes levied within the borough. a. Tax collectors are elected to a four -year term beginning the first Monday in January following the applicable municipal election. 1. If a successor tax collector is not elected, or fails to qualify, the office remains vacant until the governing body appoints an individual to fill the vacancy. aa. Qualifications to serve as tax collector for a borough are limited to residency in the borough for one year prior to the election and continual residency during the term of office. 3. The Local Tax Collection Law requires the tax collector (or some other duly authorized person to be available for receiving and receipting paid taxes during at least three days of each of the last two weeks of the discount period, at the location designated within the tax notice. a. The tax notice must state a place and time where taxes may be paid. 4. No specific stipulations or mandates exist concerning office facilities for tax collectors of Pennsylvania boroughs. a. Boroughs may provide office space for the tax collector within the borough municipal building but are not required to do so. 5. Tax Collectors may maintain an office on private property, including their homes, if desired. a. Expenses associated with maintaining an office on private property must be paid from the tax collector's own finances; public funds cannot be utilized. 1. Compensation for Borough tax collectors is set independently by each taxing district. 6. Borough tax collectors are reimbursed for actual expenses for printing, ppostage, books, etc., and/or any necessary office /record expenses related to the collection of taxes. a. Expenses associated with printing, postage, etc., are to be paid by the municipality, in addition to the tax collectors established compensation. 7. The Borou h municipal building was previously located at 2975 West Liberty Avenue, Pit sburgh, PA 15216, when Lieberman first assumed office as the elected Tax Collector. a. The Borough supplied Lieberman with an office at the municipal building located at 2975 West Liberty Avenue, for the purposes of executing his duties as the Borough Tax Collector. b. Since at least 1990, the Borough has provided office space within the Borough municipal building for the Tax Collector. Lieberman, 15 -051 ag-T--- 8. The Borough municipal building is currently located at 1444 Hillsdale Avenue, Pittsburgh, PA 15216. a. The Borou h municipal building was relocated from 2975 West Liberty Avenue to its current location during or about December 1999. The Borough relocated the municipal building following the purchase and renovation of the former Hillsdale Elementary School. 9. The Borough municipal building is secured via use of an electronic locking system. a. The access doors to the Borough municipal building automatically unlock and lock at 6:00 a.m. and 9:00 p.m. respectively on weekdays. b. The access doors to the Borough municipal building automatically unlock and lock at 8:30 a.m. and 9:00 p.m. respectively on weekends. C. Authorized individuals may enter the Borough municipal building while locked by inputting a code on keypads located at the front and/or rear entrances of the building. 10. The current Borough municipal building houses the Borough administrative office, the Borough Police Department, and the Borough Tax Coflector office. a. The Borough also rents office space to the Allegheny County District Attorney's Office. 11. Individual offices located within the Borough building are secured by way of an electronic locking system. a. In lieu of conventional keys, individuals are supplied with an electronic key fob to gain entry. Fobs supplied may be programmed to allow access to one or more of the offices located within the Borough building. 2. If an electronic key fob is used to access offices after normal business hours it is recorded by the electronic locking system. aa. The system has the ability to identify and record fob use including: the date of use, the time of use, and the individual to which the fob is assigned. 12. Although the Borough's administrative office and the Tax Collector's office are housed within the same building, the offices are physically separate and distinct from one another. 13. The Borough's administrative office is composed of multiple internal offices which include, but are not limited to, a vestibule /front desk office, clerk supervisor's office, manager's office, etc. a. The general public may access the Borough office during regular business hours, Monday through Friday, 8:30 a.m. to 4:30 p.m. No key fob is required to access the vestibule /front desk area of the Borough office during normal operating hours. Lieberman, 15 -051 age ,T__ 14. The Tax Collector's office consists of a one -room office within the Borough municipal building. a. Lieberman maintains normal office hours of Monday, Wednesday, and Thursday, 10:00 a.m. to 2:00 p.m. 1. During the last two (2) weeks of April and August, Lieberman maintains office hours of Monday through Friday, 9 :00 a.m. to 4:00 P.M. 2. Lieberman offers extended hours in April and August to accommodate the public paying taxes prior to the expiration of the discount period. 15. Lieberman may access the Tax Collector's office with his electronic key fob at any time while the Borough municipal building's main entrances are unlocked. a. Lieberman is often present in his Tax Collector office beyond his normally scheduled office hours. 16. The Borough provides Lieberman all equipment and supplies necessary for the completion of his duties as the Borough Tax Collector. a. Borough - provided equipment includes furniture (i.e., desk, chairs, etc.), desktop computer, computer printer, and landline telephone. 1. The Borough additionally provides Lieberman access to the Borough photocopy machine during normal business hours. aa. The Borough photocopy machine is a multi- faceted machine with facsimile capabilities. 2. The Borough provides Lieberman access to the Borough postage machine during normal business hours for necessary mailings. aa. [Postage is applied to Lieberman's mailings by Borough employees.] b. General office supplies provided by the Borough include printer paper, photocopier paper, and mailing envelopes. 17. The Allegheny County Democratic Committee ( "ACDC ") is a group of activists who promote civic engagement and awareness within their respective communities. a. The ACDC is composed of representatives from each votin precinct within Allegheny County, as well as others who share similar interests with the goals and purpose of the ACDC. b. The mission of the ACDC is to engage a business -like approach to the political process, especially as it relates to campaigning and the success of those candidates it supports. 18. Each municipality within Allegheny County is made up of multiple voting precincts. a. Each voting precinct elects, and is represented by, one male and one female representative. Lieberman, 15 -051 Page 1. Individuals elected as the representative for [a] municipality serve as the representative for their individual municipal Democratic Committee[s] (i.e., the Dormont Democratic Committee). 2. Each Municipal Democratic Committee supports, and is incorporated within, the ACDC. b. Committee members are generally appointed for a four-year term. 19. Municipal Democratic Committee member elections are held in conjunction with the Commonwealth's Gubernatorial election cycle. a. Committee member elections are held during the primary election. b. No Committee member elections occur during the general election. 20. Individual Municipal Democratic Committees have a stated purpose of supporting local municipal election candidates as well as Democratic candidates beyond the local area. a. A function of the Municipal Democratic Committees is to identify candidates to run for elected positionsloffices within their local municipalities. b. The Municipal Democratic Committees are to identify, recruit, and/or support candidates and/or officials with the values and beliefs of the ACDC. 21. The Dormont Democratic Committee ( "DDC" ) is a Democratic organization chartered under the Allegheny County Democratic Party. a. The DDC is organized under the authority of the ACDC. b. The DDC is one of multiple Democratic Committees which support the ACDC. 22. At full capacity, the DDC is composed of twenty committee members. a. Dormont Borough is composed of ten wards. 1. One male and one female representative is elected from each of the Borough's ten wards. b. Officers of the DDC are elected by the membership. 1. DDC officer positions include: Chairman, Vice - Chairman, and Secretary. 2. The DDC Treasurer is appointed by the Chairman. 3. Individuals serving as DDC officers need not be committee members. 23. Lieberman was elected to, and subsequently served as a member of, the DDC representing the Borough's 4'" Ward from at least mid -May 2006 until late August 2011. a. Lieberman was elected as a member of the DDC during the May 16, 2006, primary election. Lieberman, 15 -051 Page b. Lieberman was re- elected to his DDC position during the May 18, 2010, primary election. 1. Lieberman was appointed as the Chairman of the DDC in or about June 2010. C. Lieberman submitted a letter of resignation to the ACDC, announcing his intention to resign from the DDC, during or about late August 2011. 1. Lieberman has not served as a DDC committee member since August 2011, 24. Barbara Lieberman was elected to the DDC as the female representative of the Borough's 4th Ward during the May 20, 2014, primary election. a. Barbara Lieberman is Lieberman's spouse. b. Barbara Lieberman resigned her most recent position on the DDC prior to the expiration of her four -year term. 1. Neither the ACDC nor the DDC could identify the specific date of Barbara Lieberman's resignation. 25. Lieberman has maintained an interest and/or been active in politics at all levels (local, state, and national) including prior to his election as Tax Collector in 1996. a. Lieberman's political involvement continued while he served as the Borough Tax Collector. b. Lieberman focused his political attention to the candidates and ideals presented by the DDCIACDC. 1. At times Lieberman attended DDC meetings and/or functions, although he was not at that time an official DDC member. 26. On occasions, Lieberman generated, copied, and/or distributed letters or notices endorsing DDC candidates, ACDC candidates, and/or other Democratic candidates during election cycles, as well as solicited funds for the DDC. a. Lieberman routinely referenced his position as the Borough Tax Collector in the letters /notices, as detailed in the figures below: Lieberman, 15 -051 ag —'7— Figure 1 Dear Dormont Resident, As Chairman for the Domton ernoc We go Wector, am asking for your vote in the May elections. Please support the following . _ -- cmdidates for Dormont council. John. Maggio Drew Lehman James Keaney Thank You, Hervey W. Lieberman Lieberman, 15 -051 Page 8 Figure 2 Dear friends, In the election two years ago, the un- endorsed Democratic Council members helped and paid for a Republican candidate to run against me. I've been the tax collector for 26 years. Now, these same people are creating problems with the Dormont budget and blaming it on the ex- borough manager when it is really their fault. And, these same people are running again and 1 am asking for your help to defeat these people and elect our three candidates who are well educated, intelligent, and hard - working people. Sincerelyy yo Lieberman, 15 -051 agP e� Figure 3 The Dormont Democratic Committee requests your donation of _$10 _$20 _$25 _$30 Harvey Lieberman Tax Collector, Borough of Dormont [Respondent's residence address redacted] We thank you in advance for assisting in electing Democrats to positions of leadership. 27. Permissions initially established for Lieberman's Borough key fob allowed Lieberman to access his Tax Collector office, as well as the vestibule door to the Borough office, prior to and/or after normal business hours. a. Once in the Borough vestibule, Lieberman had access to the main hallwaylpathway leading to the remaining Borough offices, supply closets, etc. Lieberman had access to the main hallway/pathway area via use of an interior vestibule door which is not routinely locked. 2. All interior Borough offices, supply closets, etc., were individually locked, preventing access to oces, supplies, etc. 3. The Borough's all -in -one photocopier, facsimile machine, etc., was located within the main hallway /pathway of the Borough office. aa. Limited reams of extra paper for the photocopier /fax machine were typically present in the immediate area of the machine. 28. During the timeframe of February 2012 through September 2013, Lieberman frequently accessed the Borough office during non - business hours. a. At this time, Lieberman was running for re- election as the Borough Tax Collector, specifically during 2013. 29. From February 2012 through September 2013, Lieberman utilized his Borough key fob to gain entry into the Borough office beyond normal business days /hours, on seventy separate dates. a. Lieberman accessed the Borough office beyond normal business hours multiple times during the same day on a total of twenty -six occasions. b. Lieberman accessed the Borough office beyond normal business hours a total of 139 times from February 2012 through September 2013. C. Borough key fob records for the 2011 calendar year were not available for review. 30. Lieberman's permissions, as programmed into his electronic key fob, were ultimately restricted by the Borough during or about the beginning of October 2013 Lieberman, 15 -051 Page due to concerns that Lieberman used the Borough photocopier and paper for campaign purposes. a. Borough staff expressed a concern as a result of a large quantity of copy paper missing from the Borough photocopy machine on Monday, May 20, 2013. 1. Borough employees had loaded the photocopyy machine with paper at the end of the business day on Friday, May 17, 2013. 2. The majority of the paper in the photocopier was missing upon Borough employees beginning work on Monday, May 20, 20'13. 3. The key fob log documented several individuals, including Lieberman, accessing the Borough office between close of business May 17, 2013, and opening of business on May 20, 2013. 4. Those entering the Borough building between May 17, 2013, and May 20, 2013, included, in addition to Lieberman, a cleaning service, the Borough Engineer, the Borough Manager, and the Director of Parks and Recreation. b. Of those individuals accessing the building as identified above, Lieberman was the only individual running for election /re- election to public office in 2013. 31. As of October 12, 2013, Lieberman's key ob permissions were restricted to no longer allow him to access the Borough office beyond normal business hours. 32. During a sworn statement provided to Commission Investigators on August 16, 2016, Lieberman testified, in pertinent part, as follows: a. Lieberman was aware of the State Ethics Act and the fact that public officials /employees are not permitted to use the resources of their office for a private pecuniary gain. b. Lieberman had, at least on two occasions, accessed the Borough office beyond normal business hours for the purpose of utilizing the Borough photocopier and paper supplies to generate letters requesting support for specific political candidates. 33. As a political party committee, the DDC is required to file Campaign Finance Reports ( "CFRs ") or Campaign Finance Statements ( "CFSs "), with the Allegheny County Department of Elections. a. A CFS may be filed in lieu of a full CFR if aggregate receipts, expenditures, or liabilities incurred do not exceed $250.00 during the reporting period. 34. Information required on a CFR and/or CFS include, amongst other information, the name and street address of the filing committee. a. The DDC maintains no formal or official office space from which it operates. b. The address routinely utilized by the DDC upon a CFR /CFS filed for the timeframe of 2009 to 2015 was that of the individual serving as the committee chairman or treasurer. Lieberman, 15 -051 Page 35. Lieberman was elected as Chairman of the DDC in approximately June 2010 and subsequently authorized use of the Borough municipal building's address as the address on file for the DDC. a. The DDC Annual CFR filed on January 31, 2011, for the reporting period of May 1, 2010, through December 31, 2010, identifies a street address for the DDC of 1444 Hillsdale Avenue, Pittsburgh, PA 15216. 1444 Hillsdale Avenue, Pittsburgh, PA 15216 is the mailing address of the Borough municipal building. 2. The address of the Borough municipal building as documented on the DDC Annual CFR for 2010 is in Lieberman's handwriting. 3. Lieberman served as a member and the Chairman of the DDC at that time. b. The Borough municipal building address was again utilized b the DDC as its address of record upon the CFR filed on May 5, 2011, for the 6t" Tuesday Pre - Primary report. 1. Lieberman served as a member and the Chairman of the DDC during this time. 36. Concerns regarding the DDC's use of the Borough municipal buildinq's address for CFRs filed was ultimately brought to the attention of Borough Council by members of the public at the regular Borough Council meeting of June 6, 2011. a. Subsequent CFRs filed for the DDC on June 16, 2011, October 27, 2011, and December 6, 2011, by the DDC identify an address of [ Lieberman's residence address redacted]. Lieberman's home address at that time was, and currently is, [ Lieberman's residence address redacted]. b. The DDC's CFRs filed after 2011 again identified the home address of the DDC Chairman as the DDC's address. 37. During a sworn statement provided to Commission Investigators on August 16, 2016, Lieberman testified, in pertinent part, as follows: a. Lieberman was aware of the State Ethics Act and the fact that public off icialslemployees are not permitted to use the resources of their office for a Fpecuniary benefit of a business with which they, or an immediate family member, are associated. b. The "Address" section of the CFR filed on behalf of the DDC on January 31, 2011, which first documented the Borough municipal building address as the DDC's address, was written in Lieberman's handwriting. G. Lieberman had no explanation why he utilized the Borough municipal building address as the address for the DDC. d. Lieberman's actions in using the Borough municipal Building's address as the DDC's address on the CFR filed was a "mistake." e. Lieberman admitted that he should not have utilized the address of the Borough municipal building for that of the DDC. Lieberman, 15 -051 Page 38. Although Lieberman served only until late 2011* as an elected member of the DDC, Lieberman remained active with the DDC after his resignation. a. Lieberman continued to attend DDC meetings after his resignation. b. Lieberman continued to support and lobby for the election of candidates endorsed by the DDC following his resignation. *[See, Fact Finding 23 c(1).] 39. As the Borough Tax Collector, Lieberman has interaction with multiple individuals who own property and/or reside within the Borough. a. Interaction between Lieberman and Borough property owners and/or residents occurs in- person and/or via telephone contact. b. Interaction primarily occurs as a result of individuals posing tax- related questions to Lieberman and/or issuing payment in- person for taxes due. 40. Lieberman is vocal in his support of candidates running for election and is also vocal in his disdain for candidates that he opposes. a. As the Tax Collector, Lieberman engaged in conversation with individuals interacting with him regarding candidate support and/or candidate opposition. Lieberman encouraged support from and/or lobbied individuals by way of the Borough's telephone in the Tax Collector's office. 2. Lieberman encouraged support from and/or lobbied individuals traveling in- person to the Tax Collector's office while there for official municipal business. b. Lieberman at times requested individuals to display campaign signs on their property for those candidates endorsed by the DDC. 1. Lieberman made requests during telephone conversations through the telephone in the Tax Collector's office seeking individuals to display campaign signs on their property. 2. Lieberman made requests to individuals appearing in- person at the Tax Collector's office to display campaign signs on their property. C. Individuals contacting or appearing at the Tax Collector's office for official business were solicited by Lieberman who sought support and votes for DDC endorsed candidates. The specific number of individuals solicited over the last five years of Lieberman's tenure could not be determined. 41. During a sworn statement provided to representatives of the Investigative Division on August 16, 2016, Lieberman claimed the following: a. Lieberman provided his opinion(s) on candidates running for election to individuals appearing in or contacting him via telephone at the Tax Collector office if the individuals asked him such. a—e i-9— Lieberman, 15 -051 9 1. Lieberman claimed he did not initiate conversations regarding political candidates with individuals appearing at [sic], or contacting him, via telephone. b. Lieberman requested support for his own re- election efforts and/or election efforts for other Democratic candidates from individuals appearing in, or contacting him via telephone at, the Tax Collector office if the individuals questioned whom he supported. 1. Lieberman claimed he did not initiate conversations regarding re- election /election support from individuals appearing at [sic], or contacting him, via telephone. C. Lieberman requested only one individual who came into the Tax Collector office to display a campaign sign in her yard. Lieberman made additional requests for individuals to display campaign signs on their property via telephone calls from his home telephone. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT LIEBERMAN FAILED TO FILE STATEMENTS OF FINANCIAL INTERESTS WITH DORMONT BOROUGH IN HIS POSITION AS TAX COLLECTOR FOR THE 2010, 2011, 20131 AND 2014 CALENDAR YEARS. 42. Statement of Financial Interests filing requirements for public officials and public employees are mandated by Section 1104 of the State Ethics Act. a. Section 1104(a) mandates, in part, the following: ...Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position.... 65 Pa.C.S. § 1104(a). Lieberman was required to file Statements of Financial Interests ( "SFIs ") by May 15 annually in his position as the Borough Tax Collector. 2. Lieberman was also required to file SFIs by May 1St annually in his position as a Tax Collector for Keystone Oaks School District. 43. On December 10, 2015, an SFI compliance review was conducted at the Borough office located within the Dormant Municipal Building at 1444 Hillsdale Avenue, Dormont, PA 15216. a. A review of Lieberman's SFIs for the past five calendar years was conducted in conjunction with the overall SFI review. 44. Lieberman maintained only one SFI on file with the Borough for calendar years 2010 through 2014. Lieberman, 15 -051 ag�� a. Lieberman had filed an SFI with the Borough on March 7, 2013, for calendar year 2012. Actual year 2013 was an election year for the office of Borough Tax Collector. b. Lieberman had no SFIs on file with the Borough for calendar years 2010, 2011, 2013, or 2014. Per Section 1104(d) of the State Ethics Act, Lieberman was not entitled to receive cam ensation from public funds for those years for which no SFI was filed 45. On September 27th and 28th, 2016, contact was made with the Keystone Oaks School District during which copies of Lieberman's SFIs filed for the last six calendar years were requested for review. a. Lieberman's SFIs for calendar years 2010 through 2015 were supplied for review on September 28, 2016. b. Lieberman's SFIs filed with the Keystone Oaks School District bore no material deficiencies. Review of Lieberman's SFIs filed with the Keystone Oaks School District for calendar years 2012 and 2015 revealed Lieberman's failure to complete Section 11 "Gifts" on each respective SFI. C. Lieberman's SFI(s) identified his position as the Tax Collector for both the Keystone Oaks School District as well as the Borough. d. None of Lieberman's SFIs bore any evidence of backdating. 46. A Notice of Investigation dated April 7, 2016, detailing allegations of potential State Ethics Act violations by Lieberman in his capacity as the Borough Tax Collectorwas forwarded to Lieberman on April 7, 2016, via Certified Mail (7011 0470 0002 7997 2244) through the United States Postal Service at his home address. a. The Notice of Investigation included allegations, among others, that Lieberman had failed to file SFIs with the Borough for calendar years 2010, 2011, 2013, and 2014. 47. Subsequent to the receipt of the Notice of Investigation, Lieberman completed and forwarded SFIs for calendar years 2010, 2011, 2013, and 2014 to the Pennsylvania State Ethics Commission Harrisburg Office. a. Lieberman completed the SFIs on or about May 14, 2016. 1. Lieberman completed and forwarded the SFIs as a result of his receipt of the April 7, 2016, Notice of Investigation. b. Lieberman's SFIs for calendar years 2010, 2011, 2013, and 2014 were date stamped as received at the Pennsylvania State Ethics Commission Harrisburg Central Office on May 18, 2016. III. DISCUSSION: As the Real Estate Tax Collector ( "Tax Collector") or Dormont Borough ( "Borough "), Allegheny County, since January 2, 1990, Respondent Harvey Lieberman, also referred to Lieberman, 15 -051 ag�F_ herein as "Respondent," "Respondent Lieberman," and "Lieberman," 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. The allegations are that Lieberman violated Sections 11 03(a), 11 04(a), and 1104(d) of the Ethics Act when he used the authority of his public position for the benefit of himself and/or a business with which he is associated by using the offices of the Borough Tax Collector for the benefit of the Dormont Democratic Committee, a business with which he and/or a member of his immediate family is associated, including but not limited to the use of office space, fax machines, copiers, computers and telephones to solicit campaign contributions in support of candidates supported by the Dormont Democratic Committee, and when he failed to file Statements of Financial Interests ( "SFIs ") in connection with his service as Tax Collector with the Borough for calendar years 2010, 2011, 2013, and 2014. 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(x) 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 ecuniary 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(x) of the Ethics Act provides that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year hat 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 a Statement of Financial Interests as Lieberman, 15 -051 Page required by the Ethics Act. 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. Respondent Lieberman has served as the Tax Collector for the Borough since ,January 2, 1990. As the elected Tax Collector for the Borough: Respondent also serves as a Tax Collector for Keystone Oaks School District ("School District"). The Dormont Democratic Committee (also referred to herein as the "DDC") is a Democratic organization chartered under the Allegheny County Democratic Party. Respondent was elected to, and subsequently served as a member of, the DDC from at least mid -May 2006 until late August 2011. Respondent was appointed as the Chairman of the DDC in or about June 2010. Respondent resigned from the DDC during or about late August 2011. Respondent has not served as a DDC committee member since August 2011. However, Respondent remained active with the DDC after his resignation in 2011. Respondent's spouse, Barbara Lieberman, was elected to the DDC during the May 20, 2014, primary election. Barbara Lieberman resigned her most recent position on the DDC prior to the expiration of her four -year term. On occasions, Respondent generated, copied, and/or distributed letters or notices endorsing DDC candidates and /or other Democratic candidates during election cycles, as well as solicited funds for the DDC. Respondent routinely referenced his position as the Borough Tax Collector in the letters /notices. See, Fact Finding 26 a. In 2011, while serving as Chairman of the DDC, Respondent authorized use of the Borough municipal building s address as the DDC's address on two Campaign Finance Reports filed with the Allegheny Count Department of Elections. The use of the Borough municipal building's address on DDC Campaign Finance Reports ceased after concerns regarding same were raised at a Borough Council meeting on June 6, 2011. During the timeframe of February 2012 through September 2013, while Respondent was running for re- election as Tax Collector, Respondent frequently accessed the Borough municipal building during non - business hours. Respondent's Tax Collector office is located in the Borough municipal building and, like other offices in that building, is secured by an electronic locking system that uses an electronic key fob for entry. Respondent's key fob allowed Respondent to access not only the Tax Collector office but also the area where the Borough's all -in -one photocopier /fax machine was located. During or about the beginning of October 2013, the permissions programmed into Respondents electronic key fob were restricted by the Borough due to concerns that Respondent used the Borough photocopier and paper for campaign purposes. Borough staff expressed a concern as a result of a large quantity of copy paper missing from the Borough photocopy machine on Monday, May 20, 2013. Of those who had accessed the Borouggh building between close of business May 17, 2013, and opening of business on May 20, 2013, Respondent was the only individual running for election /re- election to public office in 2013. Respondent acknowledged that on at least two occasions he had accessed the Borough office beyond normal business hours for the purpose of utilizing the Borough photocopier and paper supplies to generate letters requesting support for specific political candidates. Additionally, individuals contacting or ap earing at the Tax Collector's office for official business were solicited by Respondent for support and votes for DDC endorsed candidates. Some of these communications occurred by way of the Borough's telephone Lieberman, 15 -051 ag�— in the Tax Collector's office. Respondent at times requested individuals to display campaign signs on their property for candidates endorsed by the DDC. The specific number of individuals solicited over the last five years of Respondent's tenure could not be determined. During an SFI Compliance Review on December 10, 2015, it was determined that only one of the requisite SFIs was on file with the Borough for Respondent, specifically, an SFI for calendar year 2012. Respondent had no SFIs on file with the Borough for calendar years 2010, 2011, 2013, or 2014. In September 2016, Respondent's SFIs on file with the School District for calendar years 2010 through 2015 were supplied for review. Respondent identified his position as Tax Collector for both the Borough and the School District on SFIs filed with the School District. Respondent failed to complete Section 11 "Gifts" on his SFIs filed with the School District for calendar years 2012 and 2015. In May 2016, after receiving the Notice of Investigation issued by the Investigative Division to him, Respondent completed and forwarded SFIs for calendar years 2010, 2011, 2013, and 2014 to the Commission's Harrisburg Office. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That no violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred to relation to allegations that Lieberman utilized the authority of his public position for the benefit of himself and/or a business with which he is associated, namely the Dormont Democratic Committee, when he utilized the office of the Dormont Tax Collector to solicit campaign contributions in suppport of candidates supported by the Dormont Democratic Committee, in that insufficient evidence exists to establish that any actual use of office space /equipment was beyond a de minimis use; That a violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Lieberman failed to file Statements of Financial Interests in connection with his service as Tax Collector with Dormont Borough for calendar years 2010, 2011, 2013, and 2014, with Dormont Borough; C. That no action will be undertaken pursuant [to] Section 1104(d) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(d), in light of the fact that although Statement of Financial Interests filings were not made with the Borough of Dormont, Lieberman did timely file Statements of Financial Interests with the Keystone Oaks School District. Lieberman, 15 -051 ag�� Lieberman agrees to make payment in the amount of $500.00 in settlement of this matter payable to 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. Lieberman has filed complete and accurate Statements of Financial Interests with the Borough of Dormont through the Pennsylvania State Ethics Commission, for the 2010, 2011, 2013, and 2014 calendar years. These filings supplement and/or amend those Statements of Financial interests which were timely filed with the Keystone Oaks School District. 6. Lieberman agrees to not accept any reimbursement, compensation or other payment from the Borough of Dormont 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 parties' Stipulation of Findings and Consent Agreement, it is clear that there was some use by Respondent of government office space /e uip rent for political purposes. Nevertheless, we may not find a violation of Section 1103�a) of the Ethics Act where the private pecuniary benefit connected to such actions would have a de minimis economic impact. See, 65 Pa.C.S. § 1102 ( "de minimis exclusion" contained within the definition of `conflict or "conflict of interest "); Confidential Opinion, 05 -001. Based upon the parties' Stipulation of Findings and Consent Agreement, we hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to allegations that Respondent utilized the authority of his public position for the benefit of himself and/or a business with which he is associated, namelyy the Dormont Democratic Committee, when he utilized the office of the Borough Tax Collector to solicit campaign contributions in support of candidates supported by the Dormont Democratic Committee, in that insufficient evidence exists to establish that any actual use of office space /equipment was beyond a de minimis use. We agree with the parties and we hold that a violation of Section 1104(x) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Respondent failed to file with the Borough SFIs for calendar years 2010, 2011, 2013, and 2014 in connection with his service as the Borough Tax Collector. Per the Consent Agreement of the parties, no action will be undertaken pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), in light of the fact that although some SFI filings were not made with the Borough, Respondent did timely file SFIs with the School District. Lieberman, 15 -051 Page As part of the Consent Agreement, Respondent has agreed to make payment in the amount of $500.00 in settlement of this matter payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Respondent has agreed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Respondent has now filed complete and accurate SFIs with the Borough for the 2010, 2011, 2013, and 2014 calendar years. 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, Lieberman is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Finally, per the Consent Agreement of the parties, Lieberman is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Compliance with the foreggoing 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 the Real Estate Tax Collector ( "Tax Collector") for Dormont Borough ( "Borough "), Allegheny County, since January 2, 1990, Respondent Harvey Lieberman ( "Lieberman ") has been a public official suN' ct to the provisions of the Public Official and Employee Ethics Act ( "Ethics At', 65 Pa.C.S. § 1101 et seg. 2. Based upon the parties' Stipulation of Findings and Consent A reement, no violation of Section 1103(a) of the Ethics Act 65 Pa.C.S. 1103(a occurred in relation to allegations that Lieberman utilized the authority of his pub is position for the benefit of himself and/or a business with which he is associated, namely the Dormont Democratic Committee, when he utilized the office of the Borough Tax Collector to solicit campaign contributions in support of candidates supported by the Dormont Democratic Committee, in that insufficient evidence exists to establish that any actual use of office space /equipment was beyond a de minimis use. 3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. 1104(a), occurred when Lieberman failed to file with the Borough Statements of Financial) Interests for calendar years 2010, 2011, 2013, and 2014 in connection with his service as the Borough Tax Collector. Per the Consent Agreement of the parties, no action will be undertaken pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), in light of the fact that although some Statement of Financial Interests filings were not made with the Borough, Lieberman did timely file Statements of Financial Interests with the Keystone Oaks School District. In Re: Harvey Leiberman, File Docket: 15-051 Respondent Date Decided: 1124117 Date Mailed: 1131/17 ORDER NO. 1708 Based upon the parties' Stipulation of Findings and Consent Agreement, no violation of Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), occurred in relation to allegations that Harvey Lieberman ( "Lieberman "), as the Real Estate Tax Collector ( "Tax Collector ") for the Borough of Dormant ( "Borough "), Allegheny County, utilized the authority of his public position for the benefit of himself and/or a business with which he is associated, namely the Dormont Democratic Committee, when he utilized the office of the Borough Tax Collector to solicit campaign contributions in support of candidates supported by the Dormont Democratic Committee, in that insufficient evidence exists to establish that any actual use of office space /equipment was beyond a de minimis use. 2. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. 1104(a), occurred when Lieberman failed to file with the Borough Statements of Financial Interests for calendar years 2010, 2011, 2013, and 2014 in connection with his service as the Borough Tax Collector. 3. Per the Consent Agreement of the parties, no action will be undertaken pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), in light of the fact that although some Statement of Financial Interests filings were not made with the Borough, Lieberman did timely file Statements of Financial Interests with the Keystone Oaks School District. 4. Per the Consent Agreement of the parties, Lieberman is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mairing date of this Order. 5. Per the Consent Agreement of the parties, Lieberman is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. Compliance with paragraphs 4 and 5 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, a N®r, Ws I '41M , T 6