HomeMy WebLinkAbout1716 ReedySTATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: James A. Reedy, File Docket:
Respondent X -ref:
Date Decided:
Date Mailed:
15 -055
Order No. 1716
617117
6126117
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
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 se q., 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.
I. ALLEGATIONS:
That James A. Reedy, 11, a public official /public employee in his capacityy as a
Member and President of Burgettstown Borough Council, violated [Sections 1 103(a),
1104(a), and 1104(d)] of the State Ethics Act (Act 93 of 1998) when he utilized the
authori y of his public position for the private pecuniary benefit of himself, a member of his
immediate family, and/or a business with which he is associated, namely Friends of
Burgettstown Kids Center Inc., when he converted public monies of the Borough of
Burgettstown to his private use and /or for the benefit of Friends of Burgettstown Kids
Center Inc., a business with which he is associated; when he utilized the authority of his
public office to obtain access /usage of the Kids Center by the Friends of Burgettstown Kids
Center Inc.; when he utilized the authority of his office to approve payment of Borough
monies to his sons; and when he failed to file annual Statements of Financial Interests for
calendar years 2010 and 2013, in connection with his public office /public employment.
II. FINDINGS:
Respondent James A. Reedy, 11 ("Reedy") has served as an elected Member of
Burgettstown Borough Council ( "Council "), Washington County, Pennsylvania, from
January 2006 through the present.
a. Reedy has continuously served as President of Council since January 2012.
b. Prior to serving as President of Council, Reedy served as Vice President
from January 2010 through December 2011.
P.Q. BOX 1 1470, HARRISBURG, PA 17 1 08 -1 470 • 717-783-16 10 m 1- 800 - 932 -0936 a www.ethics.state.pa.us
Reedy, 15-055
Page 2
C. Reedy has also served as the Council - appointed liaison to the Borough
Street Department as of January 2014.
2. Burgettstown Borough ("Borough") is located in Washington County, Pennsylvania,
and is governed by a five - Member Council.
a. As a governing body, Council currently holds one regularly scheduled
legislative meeting per month on the first Monday of the month.
In addition to regular meetings, Council holds one workshop meeting
per month on the fourth Wednesday of the month.
2. Special meetings are held as necessary.
3. Voting at Council meetings occurs via a group voice vote after a motion is made and
properly seconded.
a. Abstentions and/or dissenting votes are specifically documented in the
minutes.
1. Minutes of each meeting are approved for accuracy at each
subsequent meeting.
2. Although approved for accuracy, the official meeting minutes do not
consistently identify the specific day /date of the legislative meeting.
THE FOLLOWING FINDINGS RELATE TO THE CREATION OF THE BURGETTSTOWN
PARKS & RECREATION COMMITTEE AND REEDY'S APPOINTMENT AS THE PARKS
& RECREATION LIAISON.
4. Since 1997, the Borough has created no less than four (4) distinct entitiesloffices to
govern the Borough's various parks and recreation centers.
a. The Borough encompasses a total area of 0.6 square mile and maintains a
population of approximately 1,576.
5. On or about May 5, 1997, Council authorized the creation of a "Park and Recreation
Authority" ( "Authority ") via Borough Ordinance #51A.
a. The ordinance established, in part, the following regarding the Authority:
1. "The Authority shall be composed of a minimum of five (5) and a
maximum of nine (9) members."
2. The purpose of the Authority was to "provide, conduct, equip,
supervise, operate and maintain parks, public recreation areas,
recreational programs and other similar activities with all the powers
granted under the Borough Code and other statues [sic] of the
Commonwealth of Pennsylvania which are now or may hereinafter be
in effect concerning recreation boards including but not limited to 53
P.S. 47708."
3. The Authority was not permitted to make any "expenditure nor engage
or enter into any contract or other obligation except as specifically
approved by the Borough Council."
4. Council "may authorize a budget for the authority wherein the
Authority shall have the right to make such expenditures and /or enter
Reedy, 15 -055
Page
into such contracts or obligations within its own discretion subject to
the limitations of said authorized budget, wherein, approval of the
Borough Council shall not be necessary as pertains to these
expenses."
5. The Authority "shall submit an annual report to the Borough Council
which shall include but not be limited to an analysis of the community
recreation areas, the extent and adequacy of the programs and their
effectiveness in view of the public expenditure involved and public
needs met, and an overall statement of its financial activities."
The Authority "may be dissolved at any time upon majority vote" of
Council.
On or about December 14, 1999, Council authorized the creation of a "Burgettstown
Borough Recreation Commission" ( "Commission ") via Borough Ordinance #71999
E.
The ordinance established, in part, the following regarding the Commission:
1. "The Commission shall be composed of five - members."
2. "The Commission is empowered to provide, conduct, equip,
supervise, operate, and maintain the public recreational facilities of
the Borough and the recreation programs established thereby and
other similar activities with all the powers granted under the Borough
Code and other statues [sic] of the Commonwealth of Pennsylvania
which are now or may hereafter be in effect concerning recreation
board."
3. "The Commission may accept any grant, gifts, bequests, or other
donations of services, equipment, real estate or the like in the name
of the Borough."
4. "The Commission shall not make any expenditures nor engage or
enter into any contract or other obligation except as specifically
approved by the Borough Council. The Borough Council may
authorize a budget for the Commission, wherein the Commission shall
have such authority to make such expenditures and/or enter into such
contracts or obligations within its own discretion subject to the
limitations of said authorized budget wherein, approval of the Borough
Council shall not be necessary as pertains to said expenses and /or
payments made by said Commission pursuant to said budget."
"The members of the Commission shall serve for terms of five years
or until their successors are appointed except that the initial or first
members of the Commission shall be appointed for such terms that
the term of not more than two members shall expire annually
thereafter... All persons appointed to serve shall serve their full terms
unless voluntarily resigned or removed by the Council for dereliction
or neglect of duty."
"It shall be the duty of the Commission to submit an annual report to
the Borough Council, which shall include, but not be limited to, an
analysis of the community recreation areas, facilities and leadership,
with particular reference to the extent and adequacy of the program or
programs and its or their effectiveness in view of the public
expenditure involved in the public needs to be met."
Reed 15 -055
1 Page 4
7. "The Commission may be dissolved at any time upon majority vote of
the Borough Council.
b. By -Laws on file with the Borough regarding the Commission were not
complete.
1. Various segments of the By -Laws were absent as
indicated /designated by a blank space contained within the
sentences, paragraphs, etc. of the By -Laws.
2. The absence of complete By -Laws evidences a failure of the
Commission to approve and adopt same.
7. On an annual /biennial basis, Council has appointed /designated a Member of
Council as the Borough Parks & Recreation liaison ( "Parks & Recreation liaison ").
a. No formal or specific job description /job duties exist for the position of Parks
& Recreation liaison.
b. Despite the absence of any specific directive, the individual holding the
position /title of Parks & Recreation liaison has executed the following
duties /responsibilities:
1. Overseeing all aspects of the Borough activity related to parks and
recreation;
2. Organizing volunteers to assist with Borough Parks & Recreation
activities;
3. Managing reservations and maintaining a calendar detailing the
reservations by individuals and entities utilizing the Kids Center and
Borough -owned park pavilions for both private and public events;
4. Collecting monies paid by individuals or organizations for the private
or public use of the Borough -owned park pavilions and Kids Center;
5. Opening and closing the Kids Center building at the conclusion of
private or public events;
6. Collecting and depositing money donated by individuals or
organizations for the benefit of the Borough -owned park and Kids
Center;
7. Depositing donations and money collected in association with the
utilization of the Borough -owned park pavilions and/or Kids Center,
into a Borough bank account, or providing the monies to the Borough
Secretary/Treasurer for deposit;
8. Preparing and providing a Parks & Recreation report at Council
meetings; and
9. Preparing and providing Council with a financial report related to the
finances associated with parks and recreation.
8. Sammi Wank ( "Wank "), in her capacity as the appointed Parks & Recreation liaison,
organized individuals within the community to assist her with Borough Parks &
Recreation events to the benefit of the Borough.
Reedy, 15 -055
Page
a. Wank served as the appointed Parks & Recreation liaison from at least 2009
until 2004.
b. Wank, as the Parks & Recreation liaison, and the group of volunteers she
organized, identified themselves as the "Parks & Recreation Committee."
C. The Parks & Recreation Committee was not created by any formal action
taken by Council as a whole.
9. Wank, as the appointed Parks & Recreation liaison, provided monthly reports to
Council as to the actions of the Parks & Recreation Committee and sought the
financial support of the Borough.
a. During Wank's tenure as the Parks & Recreation liaison, the Parks &
Recreation Committee received a grant/loan from the General Fund of the
Borough, as reflected in the July 7, 2003, meeting minutes of Council,
excerpted below:
A very successful Summer party was held at the Kids Center.
There will be a meeting held for anyone who wants to attend
Tuesday, July 8 at 7:00 p.m. Every Wednesday the Park
Committee goes to the future park site to clean up. The public
is welcome to attend. Recruits are needed. The next project
will be the demolition of the building located on the site. Mr.
Alvarez asks Council to approve funding for the demolition out
of the General Fund which will be approximately $5,000.00.
Motion made by Dan Johnson. Second by John Panconi. Mr.
Alvarez requests that the Park & Recreation Committee try to
reimburse the General Fund.
b. Wank used Borough resources and facilities to further the activities of the
Parks & Recreation Committee as the Parks & Recreation liaison.
1. The Parks & Recreation Committee utilized the Borough parks,
pavilions, and Kids Center to host movies, classes, parties, and other
social events for the benefit and enjoyment of the Borough citizens.
2. The Parks & Recreation Committee engaged in fundraising in an
effort to offset costs associated with the continuation of Parks &
Recreation sponsored /organized events /activities.
10. While serving as the Parks & Recreation liaison, Council Member Wank was the
main proponent for the Borough /Council to purchase what would be known as the
Kids Center.
a. Wank encouraged Council to purchase the Kids Center with the intent of
enabling the Borough to hold activities and events for the benefit of the
children in the Burgettstown area.
11. On or about January 8, 2001, Council approved the purchase of a structure owned
by the Burgettstown Area Senior Citizens, Inc., for the amount of $80,000.00.
a. The building purchased from the Burgettstown Area Senior Citizens, Inc.,
maintained a physical address of 1505 Main Street, Burgettstown,
Pennsylvania 15021.
Reedy, 15 -055
Page
1. Once purchased by the Borough, the building was referred to as "The
Kids Center" or "Kids Center."
2. The Kids Center is located in close proximity to the Borough building
and utilizes the same parking lot.
12. The Borough has been responsible for the payment of the mortgage and utilities for
the Kids Center since the purchase in 2001.
a. In approximately December 2015, the Borough fulfilled its mortgage
obligation.
13. As the Parks & Recreation liaison, the oversight of the Kids Center facility was the
responsibility of Wank.
a. As part of her duties to oversee the Kids Center, Wank, as the Parks &
Recreation liaison, utilized the Parks & Recreation Committee volunteers to:
Remodel the newly - acquired Kids Center;
2. Assist in the planning of activities to be held at the Kids Center; and
3. Perform fundraising events to support the betterment of the Kids
Center and to fund the activities held at the Kids Center.
14. Wank, and the volunteers assisting her, referred to themselves interchangeably as
the "Parks & Recreation Committee" and/or "Kids Center" after the purchase of the
Kids Center building by the Borough.
a. The Parks & Recreation Committee/Kids Center has been an active entity
within the Borough since 2002.
15. The Authority and the Commission were formally dissolved by Council at the
December 7, 2015, Council meeting.
a. The Authority and the Commission were dissolved by Council due to their
inactive status since 2002.
b. The Authority and the Commission had been inactive mainly due to the
Parks & Recreation Committee being organized by Council Member Wank
as the Council- appointed Parks & Recreation liaison.
1. No new members were appointed to either the Authority or the
Commission after 2002.
16. Wank's tenure as a Borough Councilwoman concluded on or about December 31,
2003.
a. Wank continued to be an active member of the Parks & Recreation
Committee/Kids Center following her service on Council.
17. At the January 5, 2004, Council meeting, Councilwoman Pam Church ( "Church "),
made a motion to designate Councilman Paul Walsh ( "Walsh ") as the new "Head `
of the Kids Center building.
a. Church's motion was formalized to appoint Walsh as Council's new Parks &
Recreation liaison, following Wank's tenure as a Council Member.
Reed , 15 -055
Page 7
b. Church's motion passed unanimously via a 5 -0 vote.
C. Walsh's [duties] as the Head of the Kids Center building were included within
those of the Parks & Recreation liaison, including the scheduling/
coordinating of events held at the Kids Center.
18. At about the time Wank was leaving office, Reedy began volunteering for the Parks
& Recreation Committee /Kids Center (early 2004).
a. Reedy became associated with the Parks & Recreation Committee/Kids
Center after having discussions with Wank, to whom he expressed his
interest in volunteering.
b. At the time Reedy initiated his association with the Parks & Recreation
Committee/Kids Center, neither he (Reedy) nor Wank was a Member of
Council.
19. Although not a Member of Council, Reedy began yarticipating in Council meetings
by presenting reports of the Parks & Recreation Committee to Council as early as
March 1, 2004.
a. Reedy's attendance at the Council meetings was prompted by Reedy's
general interest in Borough governance.
b. Walsh, noting Reedy's presence and association with the Parks &
Recreation Committee/Kids Center, called upon Reedy to provide updates
related to the activities sponsored by the Parks & Recreation Committee/Kids
Center to Council.
1. Reedy became the main contact for the Parks & Recreation
Committee/Kids Center as a result of his participation in the Parks &
Recreation reports presented at Council meetings.
20. Upon Reedy's election and seating as a Member of Council in January 2006, Reedy
was appointed as the Parks & Recreation liaison.
a. Reedy was appointed /reappointed every other year as the Parks &
Recreation liaison starting in 2006.
The exact date(s) of Reedy's appointments /reappointments could not
be identified due to the official Borough meeting minutes not
consistently identifying a date.
b. Reedy continued to perform the duties /responsibilities of the Parks &
Recreation liaison from January 2012 through the present.
In light of Reedy's association with the Parks & Recreation
Committee, as well as the Friends of the Kids Center, Council did not
believe it necessary to continue to formally appoint Reedy.
21. At Council's October 2006 meeting, discussion occurred among Council Members
regarding the apppropriate disposition of any /all revenue related to "Kids Center,"
"Parks & Recreation," and the "Parks & Recreation Committee /Kids Center."
a. Prior to 2006, funds raised by the Parks & Recreation Committee /Kids
Center, for the purpose of sponsoring events and activities held at the Kids
Center as well as other locations within the Borough, were nominal.
Reeeedy, 15 -055
age
1. Fundraising events sponsored by the Parks & Recreation
CommitteelKids Center were mainly limited to the sale of candy bars
and hoagie sandwiches.
2. Additional funding was acquired through the acceptance of donations
from businesses and individuals.
b. In or about 2006, the Parks & Recreation Committee received a $25,000.00
donation to be utilized for public /Borough purposes.
22. In response to the $25,000.00 donation received by the Parks & Recreation
Committee in 2006, Council determined that any revenue related to "Kids Center,"
"Parks & Recreation," and the "Parks & Recreation Committee/Kids Center" was to
be accounted for through a separate Borough account, including funds already
maintained by those entities.
a. Council directed that Reedy and Wank were to have signature authority over
the Borough's parks and recreation fiscal accounts.
Wank was not a Council Member at the time of Council's 2006
decision.
2. Wank was a volunteer associated with the Parks & Recreation
Committee/Kids Center in 2006.
b. Reedy was present as a Council Member at the October 2006 meeting, and
was in agreement with the decisions made.
THE FOLLOWING FINDINGS RELATE TO REEDY'S ASSOCIATION WITH AND
CREATION OF "FRIENDS OF BURGETTSTOWN KIDS CENTER, INC."
23. In early 2004, Borough resident Susan Klinsky ("Klinsky"), a /kla Susan Stavarakis,
organized a group of volunteers to assist the Parks & Recreation Committee/Kids
Center by raising funds through small games of chance and cash bashes.
a. Klinsky organized a volunteer group separate and apart from the Parks &
Recreation Committee/Kids Center due to personal differences she had with
Wank.
b. The volunteers Klinsky organized referred to themselves as "Friends of Kids
Center."
1. Klinsky was not a public official /public employee of the Borough at the
time she organized Friends of Kids Center.
2. Council was not involved in the creation or organization of Friends of
Kids Center.
3. Reedy was not a founding member /initial member of Friends of Kids
Center.
24. Friends of Kids Center achieved its stated purpose by raising funds and making
donations to the Borough.
a. During the Parks & Recreation report for the May 3, 2004, Council meeting,
Reedy and Walsh reported that the Friends of Kids Center group donated a
total of $3,500.00 towards Community Day.
Reed , 15 -055
Page 9
1. Community Day was an event sponsored by the Borough and the
Borough Volunteer Fire Department.
2. This was the first instance of funds being raised /donated by Friends of
Kids Center.
b. The monies donated by Friends of Kids Center were applied to the costs of
fireworks and entertainment associated with the event.
C. Reedy became affiliated with Friends of Kids Center shortly after the
donation by Friends of Kids Center in /around May 2004.
25. Reedy and Klinsky filed for domestic, non - profit corporation status for Friends of
Kids Center on January 16, 2008, with the Pennsylvania Department of State.
a. The entity was granted non - profit incorporation status by the Pennsylvania
Department of State on January 16, 2008, under the name of "Friends of
Burgettstown Kids Center."
b. The Pennsylvania Department of State assigned entity number 3782057 to
Friends of Burgettstown Kids Center.
26. Reedy and Klinsky were the only individuals identified as incorporators on the
Articles of incorporation filed with the Pennsylvania Department of State for Friends
of Burgettstown Kids Center, Inc.
a. Neither individual was identified as holding a particular officer position within
the non - profit corporation at the time that the filing occurred.
1. Although not identified within corporate filings, Reedy was consistently
identified /designated as the "President" of Friends of Burgettstown
Kids Center, Inc. from 2010 through 2016.
b. The Articles of Incorporation identified that the non - profit corporation
operated from Klinsky's residence.
27. The Articles of Incorporation identified the purpose of Friends of Burgettstown Kids
Center, Inc. as follows:
The Friends of Burgettstown Kids Center, Inc. (hereinafter
"Corporation ") is a nonprofit corporation organized solely for
educational and charitable purposes pursuant to the Pennsylvania
Nonprofit Corporation Law of 1933 and its amendments. The
Corporation is not organized for the private benefit of any person. The
specific and primary purposes for which the corporation is formed are:
(a) For the advancement of charity, education, community
development, and any other related or corresponding charitable
purposes;
(b) To lessen the burdens of government by fundraising for and
otherwise supporting a community center in Burgettstown,
Washington County, Pennsylvania;
(c) To generally do and perform all and every act, matter and routine
thing that nonprofit corporations are by law authorized to do and
perform.
Reed 15055
Page 10
28. Reedy and Klinsky incorporated Friends of Kids Center in response to increased
finances and in an effort to separate it from any potential control by Council.
a. Friends of Kids Center was organized as being specifically non - affiliated with
the Borough, as opposed to the Parks & Recreation Committee, which was
organized by the Parks & Recreation liaison.
29. Reedy and Klinsky opened a small business checking ccount in the name of
"Burgettstown Borough Friends of Kids Center" at National City Bank (account
number [account number redacted])' on June 28, 2004, in relation to Friends of
Kids Center.
a. Bank statements for this account were mailed to Klinsky's private residence.
b. Reedy and Klinsky maintained signature authority over the account.
1. Only one signature was required for checks issued from this account.
30. In 2008, Friends of Burgettstown Kids Center, Inc. requested that the Internal
Revenue Service recognize Friends of Burgettstown Kids Center, Inc. as a 501(c)(3)
entity (a non - profit business).
a. In or about November 2008, Friends of Burgettstown Kids Center, Inc.
received IRS recognition as a 501(c)(3) entity and was assigned tax
identification number [tax identification number redacted].
THE FOLLOWING FINDINGS RELATE TO EFFORTS BY THE BOROUGH TO
RECONCILE AND AUDIT THE FINANCES OF THE PARKS & RECREATION
COMMITTEE.
31. During the October 2006 Council meeting, Reedy was directed to begin providing a
monthly financial report to Council regarding the Borough's revenue related
specifically to Parks & Recreation.
a. As part of Council's decision, Church provided Reedy with a spreadsheet
template to utilize in order to generate the monthly financial report.
32. Although directed by Council to provide a monthly financial report of Borough Parks
& Recreation finances, Reedy refused to do so on a consistent basis.
a. Council President Church repeatedly directed Reedy to provide Council with
a financial report concerning the Borough's Parks & Recreation finances.
b. Reedy rarely provided Church with the information she requested and
repeatedly ignored Church's requests, providing excuses as to why a report
could not be given.
33. At the February 2008 Council meeting, Council President Church raised concerns
that the Parks & Recreation monies were not being maintained per "Borough codes
and guidelines."
a. Church was generally concerned about the status of Parks & Recreation
monies and Reedy's failure to consistently provide monthly financial reports
regarding Parks & Recreation finances.
1 The National City Bank account number was changed to PNC Bank account number [account number
redacted] following PNC Bank acquiring /merging with National City Bank.
Reed , 15 -055
Page 11
b. Church presented her belief that the Borough's Parks & Recreation monies
should be audited by the Borough - appointed Auditor.
No specific action was taken by Council in response to Church's
concerns.
34. At the April 2008 Council meeting, Church questioned Reedy if he had provided the
Borough - appointed Auditor with the financial information associated with Parks &
Recreation fiscal accounts.
a. Reedy responded that he did not, based on the advice of Solicitor Robert
Clarke ( "Clarke ").
b. Church again presented her belief that the Borough's Parks & Recreation
finances needed to be audited.
C. Council Member Andrew Miller subsequently recommended to Clarke that
the matter be reviewed.
35. Following the April 2008 Council meeting, Clarke issued a letter to Council dated
March 10, 2008, advising that Council did not have control overthe finances related
to either the Commission or the Authority.
a. Clarke was under the mistaken belief that the Parks & Recreation
Committee/Kids Centerwas in actualitythe Commission andlortheAuthority.
b. Clarke did not address the ability of Council to audit the funds of the Parks &
Recreation Committee.
36. Church, under the belief that the Parks & Recreation Committee/Kids Center was
actually the Commission, and a public entity, issued a letter to Reedy dated April 10,
2008, which stated the following in part:
As per Ordinance XVI 101, No. 8, "It shall be the duty of the Park and
Recreation Commission to submit an annual report to the Borough
Council, which shall include, but not be limited to, an analysis of the
community recreation areas, facilities and leadership, with particular
reference to the extent and adequacy of the program or programs and
its or their effectiveness in view of the public expenditures involved in
the public needs to be met." I have never received such a report.
At this time, I am rectuesting an annual report of the programs and
activities held by the Park and Recreation Commission and
expenditures relating to the activities from 2006 to present.
Also, I would like to see the closeout report from the grant that I
submitted to the DCED for equipment for the Kids Center endorsed by
Vic Lescovitz in April 2004.
37. At the May 2008 Council meeting, Reedy presented to Council a several page
document enerated by the "Parks & Recreation Committee" re arding the parks
and recreation events and activities that were sponsored by said entity, spanning
the time period of January 1, 2006, through December 31, 2007.
a. Reedy also supplied Council with a financial report detailing the income and
expenditures of the "Parks & Recreation Committee" spanning the time
period of January 1, 2006, through April 2008.
Reed , 15 -055
Page 12
b. Reedy supplied the information in response to Church's April 10, 2008, letter.
38. At the September 2008 Council meeting, Church questioned if the financial report
associated with Parks & Recreation had been submitted.
a. Minutes do not document whether or not Church received a response to the
question.
39. At the October 2008 Council meeting, Council (includin Reedy) approved the hiring
of Rea Ann Tronetti ( "Tronetti" , CPA, CFE, of Delton onsulting Services, LLC to
be the appointed Borough Auditor.
a. Church questioned at the meeting if Delton Consulting Services, LLC's audit
was to include the Borough's finances associated with the Parks &
Recreation Committee.
1. Minutes do not document whether or not Church received a response
to the question.
40. At the December 2008 Council meeting, Church again questioned why the financial
report for the Parks & Recreation Committee was not provided.
a. Reedy responded that he never received a financial report to provide to
Council.
Per the decision made at the October 2006 Council meeting, Reedy
was to generate and provide the financial reports to Council.
41. During the time period of January 2009 through August 2009, Church continued to
request that Reedy provide Council with financial reports regarding the Borough's
finances related to Parks & Recreation, including the Parks & Recreation
Committee.
42. At the September 2009 Council meeting, Church made the motion for Delton
Consulting Services, LLC to audit the Borough's finances associated with Parks &
Recreation, including the Parks & Recreation Committee, spanning the time period
of 2003 through 2008.
a. Reedy requested the opportunity to speak with Delton Consulting Services,
LLC prior to Council voting on the matter.
b. Council agreed to allow Reedy an opportunity to speak with Delton
Consulting Services, LLC before voting on the matter.
G. Church's motion was tabled until the following meeting.
43. Prior to the October 2009 Council meeting, a meeting was held at the Borough
building between various representatives of the Parks & Recreation Committee and
Council.
a. Attendingg the meeting on behalf of the Parks & Recreation Committee were
Reedy, Reedy's spouse, and Joseph Bologna ( "Bologna ").
Bologna was an accountant retained by the Parks & Recreation
Committee.
b. Attending the meeting on behalf of Council were Church and Tronetti.
Reedy, 15 -055
Page 13
44. During the meeting, the parties in attendance determined that the finances
associated with the Borough's Parks & Recreation had never been audited.
a. By the conclusion of the meeting, it was determined that an audit of the
finances needed to be conducted.
45. Reedy was not in agreement with or in favor of an audit of the finances.
a. Reedy wanted the finances under his complete control.
b. Reedy asserted during the meeting that he would manage the Parks &
Recreation finances through his non- profit business, "Friends of Kids
Center," in order to avoid future accountability to the Borough.
46. At the October 2009 Council meeting, Council determined to have the Borough's
finances associated with Parks & Recreation (including the Parks & Recreation
Committee) audited for calendar years 2003 through 2008.
a. The agreement occurred as a result of the meeting between Parks &
Recreation Committee representatives and Council representatives.
47. The October 2009 Council meeting minutes reflect that Church, in part, made the
following statement regarding the Kids Center:
"Pam Church spoke to Council regarding since taking President 2004
asked Parks and Recreation to have books properly done pointed out
by -laws and ordinances Richard Alvarez and Samni [sic] Wank wrote
the by-laws and ordinance and never followed.
No financial report was given when asked
Pam Church felt she was verbally abused, accused of wanting
to close kids center, was accused of wanting to steal Kids
Center monies, accused of a lot more things
Pam feels none of the above was true
• Citizens came to meetings and gave her a hard time due to
wanting financial report
• 2006 Pam developed a spread sheet
• James took spread sheet but monthly report was not given
• James Reedy put our Borough in jeopardy by not wanting
audits
48. Church's tenure as a Borough Councilwoman concluded on December 31, 2009.
a. Church was the most vocal Council Member regarding the Borough's Parks
& Recreation finances being properly maintained and accounted for by
Reedy.
b. Following the conclusion of Church's term of office, Council did not question
the finances of the Parks & Recreation Committee directed by Reedy.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT REEDY UTILIZED
THE AUTHORITY OF HIS OFFICE TO CONVERT PUBLIC MONIES TO HIS PRIVATE
USE AND /OR FOR THE BENEFIT OF A BUSINESS WITH WHICH HE IS ASSOCIATED.
49. The Federal Department of Treasury, Internal Revenue Service, will assign a tax
identification number to a non - person entity, which is then used by the Internal
Revenue Service in the administration of tax laws.
Reed 15 -055
t Page 14
a. A tax identification number for an entity is unique and limited to identify a
specific entity /institution.
b. The tax identification number assigned to the Borough is [tax identification
number redacted].
C. The utilization of the Borouah's tax identification number in coniunction with
ooenina a bank account signifies Borough ownership of the finances in the
account.
Parks & Recreation Committee Bank Account;
50. Councilwoman Wank opened a business checking account in the name of
"Burgettstown Parks and Recreation" at National City Bank (account number
[account number redacted])2 on May 20, 2002, for the benefit of the Parks &
Recreation Committee/Kids Center.
a. Wank provided her social security number as the taxpayer identification
number to be assigned to the account.
b. Wank documented on the signature card her position of "Council Member."
C. Bank statements associated with the account were initially mailed to Wanks
residence.
51. The "Burgettstown Parks and Recreation" bank account was the initial financial
account associated with the Parks & Recreation Committee/Kids Center.
a. Monies deposited into the account originated from the following sources:
1. Fundraising events sponsored by the Parks & Recreation
CommitteelKids Center;
2. Payments made by individuals and businesses regarding the
utilization of the Kids Center building and /or Borough park; and,
3. Donations made by individuals and businesses.
b. Monies within the account were generally used to sponsor Borough Parks &
Recreation events at no cost to the public.
1. Events included holiday parties, dances, craft nights, etc.
52. Reedy was added to the bank signature card for the "Burgettstown Parks and
Recreation" bank account ( aaccount number redacted]) on March 29, 2005.
a. Reed and Wank are the only two (2) individuals who have maintained
sign%ure authority over the account since at least March 29, 2005.
b. The account is still currently active.
2 The National City Bank account number was changed to PNC Bank account number [account number
redacted] following PNC Bank acquiring /merging with National City Bank.
Reed 15-055
Page 15
53. Reedy opened a second business checking account in the name of "Kids Center' at
National City Bank (account number [account number redacted])3 on March 10,
2009.
a. Reedy provided Klinsky's social security number to National City Bank to be
used as the taxpayer identification number associated with the account.
b. The statements associated with the account have been mailed to Wank's
residence since at least 2010.
C. The account is still currently active.
54. Reedy opened the "Kids Center" account in response to Council President Church's
directive that Reedy provide financial reports regarding the Borough's Parks &
Recreation finances and questioning whether or not the accounts should be
audited.
a. Reedy opened the account in anticipation that a Borough audit of the
Borough's Parks & Recreation finances was forthcoming.
b. The opening of a second account by Reedy concealed from Council and any
auditors all financial information related to the Borough's Parks & Recreation.
C. Reedy did not disclose to the Borough or any Borough representatives that
he had opened a second bank account for the purposes of depositing
Borough Parks & Recreation monies.
d. Reedy, Klinsky, and Wank all maintain signature authority over the "Kids
Center" account.
55. Klinsky asserts that she was unaware that she executed a bank signature card
related to the bank account "Kids Center."
a. Klinsky never provided her social security number to Reedy in order for him
to open the "Kids Center" account.
b. Klinsky has never been associated with the Parks & Recreation Committee
due to personal differences she had with Wank.
C. Wank was unaware that Klinsky had signature authority over the account.
d. Neither Wank nor Klinsky was a Member of Council at the time that the "Kids
Center" account was opened.
56. Subsequent to the October 2009 Council meeting, Tronetti (the appointed Borough
Auditor and Bologna (the accountant hired by the Parks & Recreation
Committee /Kids Center) reviewed information supplied by Reedy in association with
the "Burgettstown Parks and Recreation" bank account( PNC Bank account number
[account number redacted]), including:
• Bank statements;
• Cancelled checks;
• Deposited items; and
• Invoices associated with expenditures paid from the account.
a. The objective of the review /audit was to determine the disposition of monies
maintained in the "Burgettstown Parks and Recreation" account.
3 The National City Bank account number was changed to PNC Bank account number [account number
redacted] following PNC Bank acquiring /merging with National City Bank.
Reedy, 15 -055
Page 16
b. Although the "Kids Center" account had been opened prior to the
review /audit, Reedy did not disclose the existence of it to Tronetti.
1. The time period for the audit was set at 2003 through 2008.
2. The Kids Center account had not been opened until 2009, outside the
specified years of the audit.
57. In early 2010, Tronetti and Bologna confirmed that the "Burgettstown Parks and
Recreation" bank account consisted of Borough monies.
a. Tronetti and Bologna were able to confirm Borough ownership of the funds
based upon their review of the sources, credits, and debits associated with
the account.
58. In response to the audit, Reedy turned all aspects of [the "Burgettstown Parks and
Recreation" bank account] over to the Borough in or about February 2010.
a. The mailing address associated with the account was changed from Wank's
private residence to the Borough building after Reedy provided control of the
account to the Borough.
b. The finances associated with the account have been audited with the
remaining finances associated with the Borough since approximately 2010.
C. Council as a whole has been responsible for how the monies in the account
are utilized since 2010.
d. Since [the account was] provided to the Borough, the Borough
Secretary/Treasurer has maintained the checkbook associated with the
"Burgettstown Parks and Recreation" account.
59. Reedy never disclosed to Council and/or Tronetti the existence of the "Kids Center"
bank account even though the account is utilized for the same purposes as the
Burgettstown Parks and Recreation bank account.
a. The creation of this account by Reedy, and his concealing of the existence of
the account, enabled Reedy to maintain exclusive control over the account's
assets.
60. Reedy, as a Council Member and the Parks & Recreation liaison, was the only
Borough representative who accepted fees paid for the utilization of the pavilions at
the Borough -owned park and/or for use of the Kids Center building during the time
period of February 2011 through December 2015.
a. Reedy directed that the checks used to pay for use of the Borough park
pavilions or Kids Center building be made out to "Kids Center."
b. [The park avilion fees and Kids Center building fees were deposited into the
Kids Center" bank account by Reedy or, at Reedy's direction, by volunteers
associated with the Parks & Recreation Committee /Kids Center.]
61. Between February 2011 and December 2015, Reedy only provided the Borough
Secretary/Treasurer with rental fees related to pavilion rentals if the check used to
make payment was made payable to "Burgettstown Borough" or "Burgettstown
Parks & Recreation."
Reedy, 15 -055
Page-17
a. Reedy only provided the Borough Secretary/Treasurerwith cash for deposit if
the paying party specifically directed that the fee be applied to the Borough's
Parks &Recreation fund.
b. Reedy did not provide rental fees collected for use of the Kids Center
building to the Borough Secretary/Treasurer.
C. Revenue deposited into the "Kids Center" account originated from the same
sources as did revenue deposited into the "Burgettstown Parks and
Recreation" account.
Revenue deposited into the "Burgettstown Parks and Recreation"
account was confirmed to be Borough monies per the review /audit.
d. Revenue deposits and expenditures from the "Kids Center" account have
been within the exclusive control of Reedy since the opening of the account
in March of 2009.
62. The "Kids Center" bank account opened by Reedy was utilized for the deposit of
monies that were to have been, or should have been, deposited in the
"Burgettstown Parks and Recreation" bank account opened by Wank in 2002.
a. Reedy has maintained possession of the checkbook associated with the
"Kids Center" account since the account was opened on March 10, 2009.
63. During the time frame of February 2011 through July 2016, Reedy [or individuals
associated with the Parks & Recreation Committee /Kids Center who were
authorized by Reed] deposited $42,888.05 into the "Kids Center" account while at
the same time debiting /recording expenditures of $42,819.39.
a. Funds received and deposited into the "Kids Center" account consisted of
the same [type of] receipts and debits as those of the "Borough Parks &
Recreation" Committee account (donations, rentals fees, etc.).
b. Reedy was consciously aware at the time the deposits were made that the
funds were Borough funds /public monies.
Reedy was present at the October 2006 Council meeting and agreed
with the determination of Council that all Parks & Recreation monies
were Borough /public funds.
2. Reedy was aware that in 2010 the "Burgettstown Parks and
Recreation" account was confirmed to be a Borough account.
C. Reedy maintained signature authority over the "Kids Center" account at all
times from February 2011 through July 2016.
64. Comparatively, during the time period of February 2011 through July 2016, a total of
$2,300.00 was deposited into the "Burgettstown Parks and Recreation" bank
account.
65. Reedy concealed the existence of the "Kids Center" bank account from Council and
the Borough- retained Auditor in order to enable himself to utilize the monies in the
account absent Borough approvals or public oversight.
a. Reedy never disclosed the existence of the account to Council.
b. Reedy identified the mailing address as that of Wank's private residence.
Reedy, 15 -055
Page 18
C. Reedy utilized Klinsky's social security number in association with opening
the account.
66. By opening and concealing this second bank account to deposit and expense Parks
& Recreation monies, Reedy realized a private pecuniary benefit of no less than
$42,888.05.
a. Reedy took control of Parks & Recreation monies (rental fees, donations,
fund raising proceeds, etc.) and [deposited the monies or directed the
deposit of the monies] into a bank account over which he had control.
b. Reedy made the decisions over how the funds were to be used.
C. Reedy received financial gains when he deposited public monies intended
for the Parks & Recreation Committee into a bank account over which he
maintained control.
Community Days Bank Account:
67. A Community Day event had been held within the Borough for the purpose of
unifying the community, from at least 2004 through 2013.
a. The Community Day was developed and ultimate) organized by Reedy,
Janet Castellino ( "Castellino "), and Gregory Paven "Paven ").
Reedy was not a Member of Council during 2004.
2. Castellino was employed as the Borough Secretary/Treasurer in
2004.
3. Paven was a Borough volunteer fire fighter in 2004.
b. The community event was sponsored by the Borough and the Borough
Volunteer Fire Department.
68. Reedy, Castellino, and Paven organized the Community Day event independently of
any formal Council action.
a. Reedy, Castellino, and Paven referred to themselves as the "Community Day
Committee."
69. On March 19, 2004, Castellino opened a small business checking account in the
name of °Burgettstown Borough" at National City Bank [account number redacted])4
to be utilized by the Community Day Committee.
a. Castellino provided the Borough's tax identification number to National City
Bank to be assigned to the account.
b. Then - Council President Richard Alvarez authorized the opening of an
account utilizing the Borough's tax identification number for the Community
Day events.
C. The Community Day account was never the subject of any Borough -
authorized /directed audit.
4 The National City Bank account number was changed to PNC Bank account number [account number
redacted] following PNC Bank acquiring /merging with National City Bank.
Reged , 15 -055
Page 19
1. Council as a whole was not aware of the existence of the account.
2. The members of the committee were of the assumption /belief that
Council was aware of the existence of the account.
70. Reedy, Castellino, and Paven each maintained signature authority over the Borough
account.
a. The signature card documented "Committee Member" next to each name on
the signature card.
b. Only one signature was required on checks issued from the bank account.
71. On June 20, 2007, Castellino revised the signature card associated with the
"Burgettstown Borough" account in order to better reflect the purpose of the
account.
a. Castellino changed the name of the account to "Burgettstown Community
Days."
b. Reedy, Castellino, and Paven executed a revised signature card on June 20,
2007.
1. The revised signature card no longer included the "Committee
Member" designation next to each authorized signatory.
2. Reedy was a Member of Council at the time he executed the revised
signature card.
3. Castellino was no longer employed with the Borough as of February
2007.
C. No other changes were made to the signature card.
1. The account remained in the tax identification number of the Borough.
72. On or about November 4, 2009, Reedy directed Castellino to change the tax
identification number from the Borough's number to the Friends of Burgettstown
Kids Center, Inc. number.
a. Reedy was a Council Member when he directed Castellino to change the tax
identification number.
1. Reedy directed Castellino to change the tax identification number
approximately two months after making the statement that he would
manage the Borough's Parks & Recreation finances through his
business in order to avoid accountability to the Borough.
2. Reedy did not advise or consult with Council before directing
Castellino to change the tax identification number associated with the
account from that of the Borough to that of Friends of Burgettstown
Kids Center, Inc.
b. In addition to changing the tax identification number, Castellino also changed
the name of the account to "Burgettstown Community Day Fund."
C. Reedy and Castellino signed the amended signature card on November 4,
2009.
Reed , 15 -055
Page 20
Castellino removed Paven from having signature authority due to
Paven's lack of involvement at that time.
d. Reedy and Castellino closed the account on or about November 28, 2014.
The account was closed due to the last Community Day event
occurring in 2013.
2. The account had a zero balance at the time that it was closed.
73. During the time frame of February 2011 through November 2014, Friends of
Burgettstown Kids Center, Inc., a business with which Reedy is associated, realized
a pecuniary benefit of $26,030.38 as a result of Reedy directing the amendment of
the tax identification number associated with the "Burgettstown Community Day
Fund" from that of the Borough to that assigned to Friends of Burgettstown Kids
Center, Inc.
a. Reedy was a Council Member and the Parks & Recreation
liaison /representative at the time he directed a change in the bank account
information of a Borough financial account, which resulted in a private
pecuniary benefit to a business with which he is associated.
b. Reedy was the only Council Member with signature authority over the
account and maintained control of the account's funds.
C. As a result of directing the change, Reedy had control over how the funds
were utilized.
d. Reedy received financial gains when he deposited public monies intended
for the Parks & Recreation Committee into a bank account over which he
maintained control and discretion over how the funds would be utilized.
e. Reedy controlled the receipt, collection, and solicitation of public monies and
then deposited those funds into a personal bank account he controlled, at a
time when there was no authority for him to do so.
f. Monies from this account were utilized for sponsoring Kids Center events.
THE FOLLOWING FINDINGS RELATE TO REEDY'S MANAGEMENT AS A COUNCIL
MEMBER AND /OR PARKS & RECREATION LIAISON OF THE USEILEASEIACCESS OF
THE KIDS CENTER BY THE PUBLIC AND NON - BOROUGH ENTITIES.
74. The Borough had entered into lease agreements with entities seeking to regularly
use the Kids Center building owned by the Borough.
75. During the time frame of mid -2004 through late 2016, Community Action Southwest
utilized the Kids Center as one of its Washington County satellite offices.
a. Community Action Southwest is a non - profit organization that specializes in
offering assistance to children, families, and individuals by providing early
childhood services, family and economic success programs, senior services,
etc.
1. Community Action Southwest has approximately fifty satellite offices
located throughout Washington and Greene Counties.
Reed , 15 -055
Page 21
b. Community Action Southwest provided GED (General Education
Development) classes and WIC (Women, Infant, Children) assistance from
the Kids Center.
C. For approximately the last fourteen (1 4 years, Reedy has been employed by
Community Action Southwest as a G D Instructor.
d. Reedy taught the GED classes at the Kids Center on behalf of Community
Action Southwest.
76. As early as 2004, Community Action Southwest entered into annual rental /lease /use
agreements with the Borough for the use of the Kids Center to hold GED and WIC
classes, meetings, etc.
a. The rental /lease /use agreements identify the dates and times which the Kids
Center building may be used by Community Action Southwest, the fee to be
paid to the Borough, etc.
b. The written agreements were executed by both a Community Action
Southwest representative and a Borough representative.
77. Borough meeting minutes document that the written agreements between
Community Action Southwest and the Borough have been specifically discussed
and /or approved by Council since at least 2006 as detailed in the chart below:
Meeting Date
Attendance Status of Reedy
Minutes Detail the Following Regarding
Community Action Southwest Lease Agreements
January 2006
Present
am Church reviewed agreement between
Communit Action Southwest to be in a one -year
a reemeMor utilities."
February 2006
Present
"Robert Clarke discussed with am Church the
agreement between Southwest Community Action.
Pam Church made revisions on agreement and
proceeding forward. Motion Accepted- Andrew Miller
Seconded by -Paul Walsh. Roll call vote - Motion
by Council."
February 7,
resent
-approved
Thoebe Suica made motion to accept lease
agreement between Borough and Community Action
to be located at Kids Center for the 2 year contract.
Second by -Janet Castellino Motion passed by
Council -James Reedy abstained."
April
resent
"Adult education classes will resume in Kids Center
with James Reedy one day a week. Mark Sarracino
questioned if lease was signed. Reedy yes $150.00
a month."
ay 7, 2012
resent
Ree y asked Clarke to review ease a eement wit
Community Action Southwest (WIC). Barke stated
he would review and email to Community Action for
a reement."
June 4, 2012
Present
Clarke questioned if ease agreement etween
Community Action Southwest and Borough signed
off. Resnik stated they sent lease agreement back to
Borough with signatures between both parties."
September 9, 2013
Present
arracino questions d Reedy—if Reedy—if council was going to
review the Kids Center contract and the WIC
contracts. Reedy stated no changes in the contract
from the previous ear."
October 5, 20 5
resent
"Lane I urtunce reviewed the wor ng t e in t e
Community Action lease agreement. Phoebe Suica
stated it has to be an error at the top of page 2.
Lessor and not lessee should be responsible for any
window or door repairs not made by the lessee.
Lane Turturice stated with the changes made
council can make motion to accept lease
agreement. Sammi Wank made motion to approve
Reedy, 15 -055
Page 22
the Community Action lease agreement upon the
changes to be made. Seconded by- Phoebe Suica.
Motion passed by council -None opposed."
a. Since becoming a Council Member in 2006, Reedy has participated in the
various discussions and/or approvals of the written agreements between
Community Action Southwest and the Borough.
b. Reedy, as Council Presidentla Borough representative, has executed the
agreements between the Borough and Community Action Southwest since at
least 2012, as detailed in the chart below:
Lease
Agreement
for Services
Related to
Lease Agreement for Time Period of
Lease Signed by Reedy as
Borough Representative
Amount of Lease
WIC
-
e tem er 30 20 3
es
a 7
50.00
er monwic
4
es
a tem er 0 3
5 .
er mont
GED
Ma,
0 4 - e tem er 30 20 5
GED
-
une 30 20 5
es
u ust 20 4
250.
er monwic
20
5 - e tem er
es
cto er 5 20 5
5 .
er mont
GED
5 -
June 30, 2016
Yes,
June 23, ZU1 5
50.00
per month
GED
July -
beptember 30 2U16
Yes,
July 6
50.0
per mont
78. Reedy has asserted that since October 2009, an ongoing verbal lease/agreement
has existed for use of the Kids Center building by the Parks & Recreation
Committee.
a. The purported verbal lease/agreement called for a payment to the Borough
from Parks & Recreation Committee funds in the amount of $5,000.00
annually.
b. Reedy asserts that in exchange for the $5,000.00 annual payment, the
lease/agreement allowed unrestricted use of the Kids Center building by the
Parks & Recreation Committee.
79. The verbal lease/agreement was purported to have been negotiated, agreed upon,
and entered into between Reedy as the Borough appointed /designated Parks &
Recreation liaison and Church, then- President of Council.
a. Church denied the existence of any verbal lease/agreement negotiated
between her and Reedy.
1. Church, as President of Council, did not possess authority to
unilaterally enter into any contracts, agreements, leases, etc. on
behalf of the Borough without Council's ratification.
2. No contract, agreement, lease, etc, between the Borough and the
Parks & Recreation Committee regarding the Kids Center building
was ever presented to Council for consideration or ratification during
the time period of October 2009 through November 2015.
b. With the exception of Church, Council's only information concerning the
verbal lease/agreement was Reedy's assertion that a verbal
lease/agreement was in place.
80. During the time period of February 2011 through December 2015, the Parks &
Recreation Committee and/or Friends of Burgettstown Kids Center, Inc., issued a
total of ten payments totaling $25,000.00 to the Borough, as detailed below:
Reed , 15-055
Page 23
Check
Check
Payee
Check
Memo Section
Check Signed
Check Issued From Bank
#
Date
Amount
6
Account Associated With
064
7
Burgettstown
5
Mortgage July
ammte Wank
Parks & Recreation
Borough
James Reedy
Committee/Kids Center
6-
,5
Mortgage 7 Eo
ames Heady
Parks & Recreation
91430
Burgettstown
Committee/Kids Center
Boro' h
7 25 2D 2
2,500.00
Mortgage
ammt an
ar s Recreation
Burgettstown
James Reedy
Committee/Kids Center
Borough
p
Mortgage 0 2 n
ammt an
Parks Recreation
Burgettstown
Payment
James Reedy
Committee/Kids Center
Borough
242
8/6/2013
Burgettstown
2,500.00
Mortgage
ammi Wank
Pa r 5 & Recreation
Borough
James Reedy
Committee/Kids Center
-T2-r2-9T2-0 3
Burge ttstown
2,500.00
Mortgage Payment
James Heady
Friends of urget sEown
Borough
2013
Kids Center
711512014
urgettstown
$2,500.00
Mortgage 7114
Sammi Wank
Parks & Recreation
Borou h
James Reedy
Committee/Kids Center
1212312014
urgettstown
2,500.00
Rental
usan y ms
Friends o Burgettstown
Borou h
Kids Center
0 5
Burgettstown
$2,500.00
Mortgage
Susan Klinsky
Friends of urget sloven
Kids Center
ids
7
5
Burgettstown
0.04
--Rental
Susan ins
s o Burgettstown
Borough
Kids Center
ota :
$25,000.00
a. Within the memo portion of the payment checks, the words "mortgage" or
"rental" are consistently noted.
b. Even though the payment checks note "mortgage" or "rental," no lease /rental
agreement existed with the Borough.
81. Church has asserted that any payments accepted by the Borough from Friends of
Burgettstown Kids Center, Inc., are donations and not payments related to an
alleged verbal lease /rental /use agreement with the Borough.
82. At the December 2015 Council meeting, Reedy informed Council that the Parks &
Recreation Committee would like to continue to use the Kids Center building in 2016
at a reduced cost.
a. Reedy proposed to Council that in lieu of payin the $5,000.00 annual fee
that the Parks & Recreation Committee had been transferring to the
Borough, the Parks & Recreation Committee become responsible for paying
all utilities and small repairs associated with the Kids Center.
b. Reedy made the request due to the fact that the Borough fulfilled its
mortgage obligation related to the Kids Center building in December of 2015.
83. At the December 2015 Council meeting, Borough Solicitor Inane Turturice
( "Turturice ") asked Reedy if the Parks & Recreation Committee has a written
agreement with the Borough related to its use of the Kids Center building.
a. Reedy responded that a written agreement does not exist
b. Turturice recommended that a written lease agreement be generated
between the Borough and the Parks & Recreation Committee.
C. Council unanimously voted to authorize Turturice to draft the lease
agreement.
84. Although Turturice drafted a lease agreement, Council has not taken any action to
approve same due to lack of a consensus among Council Members.
_Reedy, 15 -055
Page 24
a. To date, no payments have been made by the Parks & Recreation
Committee related to the utilization of the Kids Center building for 2016.
85. As a Council Member and the appointed Parks & Recreation liaison, Reedy
established a fee schedule related to the utilization of the Kids Center building and
the pavilions at the Borough's park.
a. The fee schedule Reedy established was in effect at all times from February
2011 through December 2015.
b. Reedy established the fee schedule in order to offset the cost of the
$5,000.00 payment the Parks & Recreation Committee was making towards
its use of the Kids Center building.
C. Reedy never sought input or approval from Council when establishing fee
schedules for the use of a Borough -owned structure.
86. Fees related to the utilization of the pavilions at the Borough -owned park were not
formally approved by Council until May 2, 2016.
a. Minutes document Council's knowledge as early as May 7, 2012, that Reedy
was charging a fee related to the utilization of the pavilions at the Borough -
owned park.
b. Although never formally approved, Council was aware that Reedy was
charging fees for the utilization of the Kids Center building.
87. The fee schedule established by Reedy for the private or public use of the pavilions
at the Borough -owned park and /or the Kids Center building were as follows:
a. A fee of $25.00 for use of one of the two pavilions at the Borough -owned
park.
b. A fee of $60.00 for use of the Kids Center building.
88. As the Parks & Recreation liaison, Reedy was the sole Borough
contact/representative for individuals or entities interested in reserving the pavilions
and /or Kids Center building during the time period of February 2011 through
December 2015.
a. Reedy was the sole Borough representative /contact responsible for the
maintenance of the monthly calendar that detailed reservations made for use
of the pavilions and /or Kids Center building.
89. Reedy made the ultimate determination if a fee would be charged to individuals
and /or entities for use of the Borough pavilions and /or Kids Center building.
a. Reedy did not charge fees for use of the pavilions or Kids Center building for
funeral /memorial events.
b. Reedy did not charge individuals associated with the Parks & Recreation
Committee for use of the pavilions or Kids Center building for private events.
C. Reedy did not charge individuals associated with Friends of Burgettstown
Kids Center, Inc. for use of the pavilions or Kids Center building for private
events.
Reed , 15 -055
Page 25
90. Reedy did not require individuals or entities to complete any application /form in
order to reserve the use of the pavilions or Kids Center building.
a. In approximately May 2015, the Borough Secretary/Treasurer required
individuals or entities to complete a reservation form related to their
utilization of the pavilions after they scheduled their reservation through
Reedy.
The Borough Secretary/Treasurer implemented such in order to
accurately document reservations and monies to be received for use
of the pavilions.
b. A reservation form was never created that related to the utilization of the Kids
Center building.
91. Reedy ceased the scheduling of the park avilion rentals and collecting fees
associated with the pavilion rentals in 206, following the receipt of written
notification of the allegations from the Investigative Division of the State Ethics
Commission.
a. There are no records of the Kids Center building having been rented to any
individuals or organizations in 2016 following Reedy's decision to no longer
schedule use.
b. Although not rented to the public, Friends of Burgettstown Kids Center, Inc.
continued to use the Kids Center building for Bingo/Small Games of Chance
events throughout 2016.
92. Reedy has asserted that Friends of Burgettstown Kids Center, Inc., a business with
which he is associated, is entitled to free and unrestricted use of /access to the Kids
Center building due to the fact that Friends of Burgettstown Kids Center, Inc.
provided the Parks & Recreation Committee with financial support, including the
$5,000.00 annual payment paid in turn to the Borough.
a. Rees assertion that a verbal agreement entitled Friends of Burgettstown
Kids Center, Inc., unrestricted use of the Kids Center building does not follow
Borough procedures related to the rental of the Kids Center building dating
from at least 2004.
b. No contract, agreement, lease, etc. exists between the Borough and Friends
of Burgettstown Kids Center, Inc. regarding use of any kind of the Kids
Center building.
93. As a Council Member and the Parks & Recreation liaison, Reedy allowed multiple
events to be held at the Kids Center building by "Friends of Burgettstown Kids
Center, Inc.," a business with which he is associated, during the time period of
February 2011 through the present, without assessment of a rental /use fee.
94. Reedy, as a Member of Council and as the Parks & Recreation liaison, possessed
the key to the Borough - -owned Kids Center building.
a. Reedy utilized the Borough key to gain access to the Kids Center building so
that a business with which he is associated, namely Friends of Burgettstown
Kids Center, Inc., could conduct Bingo/Small Games of Chance events.
Reedy duplicated the Borough key and supplied same to his father
and Klinsky to enable them to access the Kids Center building for
Reedy, 15 -055
Page 26
Friends of Burgettstown Kids Center, Inc. Bingo /Small Games of
Chance events in his absence.
95. During the time period of February 2011 through the present, Friends of
Burgettstown Kids Center, Inc. consistently held Cash Bashes, Small Games of
Chance, and Bingo events at the Kids Center building.
a. The purpose of the events was to raise funds for Friends of Burgettstown
Kids Center, Inc., which [asserted the funds] would be donated to the Parks
& Recreation Committee.
b. Between January 6, 2013, and December 27, 2015, a Bingo/Small Games of
Chance event was held by Friends of Burgettstown Kids Center, Inc. on no
less than one hundred thirty -one (131) occasions.
1. One hundred twenty -eight (128) events were held on a Sunday, with
the remaining three (3) held on a Monday.
96. A business with which Reedy is associated, namely Friends of Burgettstown Kids
Center, Inc., realized a pecuniary gain of $7,860.00 during the time period of 2013
through 2015 by Reedy waiving and/or otherwise not assessing or collecting a
usage fee.
a. The pecuniary benefit is calculated by multiplying the usage fee of $60.00 by
the number of times known Bingo/Small Games of Chance events were held
at the Kids Center (131) for a total of $7,860.00 ($60.00 x 131 = $7,860.00).
b. Friends of Burgettstown Kids Center, Inc. did not maintain a record of
Bingo /Small Games of Chance events which were held in 2011, 2012, and
2016 at the Kids Center.
97. In order to hold Small Games of Chance and /or Bingo events in Washington
County, an annual application must be completed and submitted to the Washington
County Treasurer's Office.
a. Pennsylvania Department of Revenue, Form REV -1752, Eligible
Organizations Games of Chance Application, requires certification of the
following:
As the executive officer or secretary of the eligible
organization, I certify, under penalties of perjury and
falsification found in 18 Pa. C.S.A. §4901 et seq. that:
d. The eligible organization is the owner of the premises
upon which the games of chance are played; or, if it is
not, the organization is not leasing such premises from
the owner under an oral agreement, nor is it leasing
such premises from the owner under a written
agreement as a rental which is determined by the
amount of receipts realized from the playing of games
of chance or by the number of people attending; except
for a banquet where a per head charge is connection
with the serving of a meal.
b. In completing an application for a Bingo license in Washington County, an
applicant must verify that the premises on which Bingo is to be played are
Reed , 15 -055
Page 27
either: (1) owned by the association; or (2) not leased from the owner under
an oral agreement.
C. Both applications require that the applicant detail if the premises on which
the small games of chance or Bingo is played are utilized under a verbal
lease agreement.
The applications require such identification due to it being unlawful for
an organization to hold small games of chance or Bingo on premises
not owned by the organization and/or premises being leased through
a verbal agreement.
98. Friends of Burgettstown Kids Center, Inc. filed with the Washington County
Treasurer's Office two (2) applications related to licenses to hold Small Games of
Chance and three (3) applications related to licenses to hold Bingo.
a. The Small Games of Chance applications covered the time period of 2011
through 2012.
b. The Bingo applications covered the time period of 2014 through 2016.
C. Neither a Small Games of Chance application nor a Bingo license application
was on file for calendar year 2013 at the Washington County Treasurer's
Office.
Friends of Burgettstown Kids Center, Inc. sponsored Bingo events at
the Kids Center building during 2013.
99. Reedy completed all five of the applications on file with the Washington County
Treasurer's Office as a representative of Friends of Burgettstown Kids Center, Inc.
a. Reedy certified on the two Small Games of Chance applications for calendar
years 2011 and 2012 that Friends of Burgettstown Kids Center, Inc. leased
the Kids Center building.
Friends of Burgettstown Kids Center, Inc. did not have a lease with
the Borough to utilize the Kids Center building.
2. Reedy signed the forms indicating that the lease Friends of
Burgettstown Kids Center, Inc. had was not verbal.
b. Reedy indicated on the three Bingo license applications for calendar years
2014, 2015, and 2016 that Friends of Burgettstown Kids Center, Inc. owned
the Kids Center building.
Friends of Burgettstown Kids Center, Inc. has never had an ownership
interest in the Kids Center building.
100. [Licenses were issued as a result of the information Reedy verified on the
applications he submitted to the Washington County Treasurers Office for Small
Games of Chance and/or Bingo.]
a. Reedy did not disclose truthful information on applications regarding Friends
of Burgettstown Kids Center, Inc.'s leasing and/or ownership of the Kids
Center building, knowing that doing so would result in Friends of
Burgettstown Kids Center, Inc. being denied issuance of the licenses.
Reed , 15 -055
Page 28
b. As a Council Member and/or the Parks & Recreation liaison, Reedy was
aware that Friends of Burgettstown Kids Center, Inc., did not possess an
ownership interest in the Kids Center, and that any lease /rental arrangement
between Friends of Burgettstown Kids Center, Inc. and the Borough was not
memorialized by a written agreement.
101. During the time period of February 2011 through October 2016, Reedy maintained
signature authority over the following three bank accounts associated with Friends
of Burgettstown Kids Center, Inc., into which monies were deposited related to
proceeds of Bingo and Small Games of Chance events held at the Kids Center
building:
a. The "Burgettstown Borough Friends of Kids Center Bingo Account" (account
number account number redacted]) maintained at PNC Bank from June
2012 through September 10, 2012.
b. The "Friends of Burgettstown Kids Center Bingo Account" (account number
[account number redacted]) maintained at Citizens Bank from September 10,
2012, through the present.
C. The "Friends of Burgettstown Kids Center, Inc." account (account number
[account number redacted]) maintained at Citizens Bank during the time
period of September 10, 2012, through the present.
102. Friends of Burgettstown Kids Center, Inc., a business with which Reedy is
associated, realized a ecuniary benefit during he time period of February 2011
through October 2016 as a result of Reedy, as a Council Member and the Parks &
Recreation liaison, providing access to the Borough -owned building identified as the
Kids Center, to the Friends of Burgettstown Kids Center Inc., free of charge and
without a written lease /use agreement, to hold Bingo and Small Games of Chance
events which generated proceeds of no less than 148,279.82.
a. Proceeds totaling $92,518.08 from Bingo events were deposited into the
bank accounts associated with Friends of Burgettstown Kids Center, Inc.
1. Proceeds from Bingo events totaling $4,705.00 were deposited into
the Burgettstown Borough Friends of Kids Center Bingo Account
between ,tune 2012 and September 10, 2012.
2. A total of $87,813.08 of Bingo proceeds was deposited into the
Friends of Burgettstown Kids Center Bingo Account between
September 17, 2012, and October 2016.
3. Yearly deposit totals are detailed in the chart below:
Year
AaceuntNumber
Tote ,
2012
[redacted]
$4,705.00
2012
[redacted]
$6,338.00
2013
[redacted]
$21,113.00
4
re acts
$18,590-.-00
2015
[redacted]
$27,415.00
2016
[redactedl
$14,357.08
TOTAL
$92,518.08
Reed , 15 -055
aP ge 29
b. Proceeds totaling $55,761.74 from Cash Bash /Small Games of Chance
events were deposited into the Friends of Burgettstown Kids Center, Inc.
bank account between September 2012 and October 2016.
1. Yearly deposit totals are detailed in the chart below:
F*.. /-�_ .`a"F��W :9�"�Y
2012
"vi.-n
� �����•'�.... �"e°: iri�r�".,�,''
[redacted]
-- .v-"".
.... y" �'` v" M«* �i'"�"efN�S"`,....,1 ✓..w...m.. ��:::.i.�.
$3,651.00
2013
[redacted]
$15,926.00
2014
[redacted]
$16,722.00
2015
[redacted]
$15,562.74
2016
redacted
$3,900.00
TOTAL
$55,761.74
THE FOLLOWING FINDINGS RELATE TO REEDY'S USE OF OFFICE REGARDING
GRASS CUTTING SERVICES PERFORMED BY HIS SONS FOR THE BOROUGH.
103. Bills received by the Borough include invoices for goods /services and are paid upon
receipt by the Borough Secretary/Treasurer, absent formal action by Council.
a. Some Members of Council are aware of unapproved bill payment in that no
less than two (2) Council Members must serve as Borough signatories on
Borough - issued checks.
104. Any Borough bills unpaid at the time of the legislative meeting are approved by
Council through a vote.
a. A vote is taken by Council to approve any current "unpaid" bill appearing on
the listing as well as to approve a monthly financial report.
105. The unpaid bill listing presented to Council represents any bills received by the
Borough since the _prior legislative meeting, which have yet to be paid by the
Borough Secretary/ I reasurer.
a. The "unpaid" bill lists document the following information:
The Borough check number.
2. The Borough check date.
3. The payee identified on the Borough check.
4. The amount of the Borough check.
b. Bills previously received and paid do not appear on the "unpaid" bill listing.
106. The financial report presented to Council identifies all bills received by the Borough
since the prior legislative meeting which have been paid and/or checks issued prior
to the legislative meeting.
a. In addition to identified bills paid /received, the financial report also identifies
all Borough checks issued, each deposit made, and the balance of every
Borough financial account since the last legislative meeting.
Reed , 15 -055
Page 30
b. Items may appear on the financial report which were not previously
resented to Council for approval of payment nor previously appeared on the
'unpaid" bill listing.
C. The vote of Council to ratify the financial report is a vote /use of authority of
office to approve payment of all expenditures of the Borough.
Borough payments issued between meetings are not limited to routine
bills (ems., utility bills, payroll, etc.), but rather represent any and all
bills received.
2. The Borough Secretary/Treasurer pays bills as they are received,
absent approval of Council as a whole.
107. Signature authority over the Borough financial accounts is maintained by three (3)
Council Members and the Borough Secretary/Treasurer.
a. Borough checks require the signatures of any two (2) Council Members and
the Borough Secretary/Treasurer.
b. Reedy has continued to be an authorized signatory for Borough financial
accounts since [2006].
C, The Borough Secretary/Treasurer has had access to, and has utilized, a
facsimile stamp of Reedy's signature for multiple years.
Within the last year, Reedy has been signing Borough checks in
person.
108. James Reedy III and Joseph Reedy are the sons and immediate family members of
Reedy.
109. James Reedy Ill is the owner /operator of Reedy's Lawn Service and has been
performing grass cutting services within the Borough since 2013.
a. Reedy's Lawn Service is not recognized by the Pennsylvania Department of
State Corporation Bureau.
b. Reedy is not associated with Reedy's Lawn Service, as that term is defined
by the Public Official and Employee Ethics Act.
110. In or about July 2014, the Borough lawn mower used to maintain the four -lane
highway through the Borough was in need of repairs due to an issue with the mower
deck.
a. Reedy, as the Council liaison to the Street Department, informed Council of
the situation at the July 2014 Council meeting.
b. Reedy informed Council at the meeting that his sons could perform the
mowing for $100.00 per cut until the Borough equipment was repaired.
111. The minutes of the July 2014 Council meeting document that Council agreed to pay
James Reedy I I I for any mowing necessary while the Borough equipment was being
repaired.
a. Council did not formally make a motion and/or vote on the matter.
Reedy, 15 -055
Page-31
b. Reedy is not documented as abstaining /recusing himself from the actions of
Council.
112. Reedy, as the Council liaison to the Street Department, advised Council during the
August 2014 Council meeting that the Street Department was still awaiting the
mower to be repaired.
a. Council Member Mark Sarracino responded to Reedy's comment by stating
that Reedy's sons should continue performing their grass cutting service for
the Borough.
b. No other action regarding the matter was noted in the minutes.
113. James Reedy III and Joseph Reedy continued to perform grass cutting services for
the Borough during July 2014 and August 2014.
114. Reedy's sons submitted five invoices to the Borough requesting payment in the total
amount of $800.00 in relation to grass cutting services performed for the Borough,
as detailed below:
Invoice
Invoice
Invoice Description
Date
Amount
Date of
7-7-2014
0
1 cut @ Boro 4 lanes"
7-17-2014
200.00
"Gut: Borougg ui mg, our
Date
lanes scout but arks"
200.00
cut to Four Lane Stottlernyer
277
7-9-2014
Burgetsttown Borough, Scout
James ReeUyTTF
James ee y, a ie Resnik,
Hut and Bur ettstown Park"
8-18-2014/
$200.00
rass cutting
8 -20 -2014
Phoebe Suica
8-18-2014/
$100.00
"Weed whacking t roug out
8 -20-2014
James Reedy. Debbie Resnik,
1 Borough"
Total:
$800.00
115. Pursuant to the Borough's bill paying procedure, the Borough issued payment to
Reedy's sons upon receipt of the invoices as detailed below:
Borough
Borough
Borough
Check Issued
Check Signed by
Date of
Check #
Check
Check
to
Invoice
Date
Amount
Paid
277
7-9-2014
$100.00
James ReeUyTTF
James ee y, a ie Resnik,
7 -7- 4
Phoebe Suica
2790
7- 8 -20 4
James Reedy-111 J
James Reedy. Debbie Resnik,
7-17-2014
Phoebe Suica
2823
8-13-2014
James Reed-ylF
Reed-y
James ee y, e ie Resnik,
Phoebe Suica
2825
8 -20 -20 4
James Reed
James Reedy, Debbie Resnik,
Phoebe Suica
20 -2014
2825
8 -2D -2o 4
0
Joseph ReeUy__Uam_e_s__Reedy,
Debbie Resnik,
Phoebe Suica
20 -2014
a. The Borough Secretary/Treasurer utilized a signature stamp for Reedy's
signature during the time period that the checks were issued.
116. The five checks issued as payment to Reedy's sons were issued between Council
meetings.
a. The payments issued to Reedy's sons were not documented on any bill lists
presented to Council for approval.
Reedy, 15 -055
Page 32
b. Only those bills that have yet to be paid immediately prior to a meeting are
identified on the "unpaid" bill lists for approval.
117. The five checks issued to pay Reedy's sons were identified within the financial
reports given to Council during the time period of August 2014 through September
2014.
a. Reedy voted to accept the August 4, 2014, and September 8, 2014, financial
reports which identified payments to his sons.
b. The August 4, 2014, and September 8, 2014, financial reports passed via a
5-0 vote.
THE FOLLOWING FINDINGS RELATE TO REEDY'S FAILURE TO FILE STATEMENT
OF FINANCIAL INTERESTS FORMS IN ASSOCIATION WITH HIS PUBLIC POSITION
AS A MEMBER OF COUNCIL FOR CALENDAR YEARS 2010 AND 2013.
118. Statement of Financial Interests ( "SFI ") filing requirements for public officials and
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 interest 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.
119. Reedy, in his official capacity as a Member of Council, is required to file an SFI form
by May 1st annually containing information for the prior calendar year.
a. Council Members are annually provided with blank SFI forms bythe Borough
SecretarylTreasurer for completion.
120. Between December 17, 2015, and December 21, 2015, an SFI compliance review
was conducted for the Borough by the Investigative Division of the State Ethics
Commission.
a. Upon conclusion of the compliance review, no SFIs were [found to be]
maintained within the official filings of the Borough responsive to Reedy's
calendar years 2010 and 2013 SFIs.
121. Reedy received Council Member compensation from public monies from the
Borough as reported on Internal Revenue Service W -2 Statements issued to Reedy
for calendar years 2011 (SFI filing year 2010) and 2014 (SFI filing year 2013), as
detailed below:
IRS W -2 Form for Calendar
Year
Borouggh Compensation
Accordin to IRS W -2 Form
20TI
$900.00
2014
$900.00
Total: $1,800.00
a. Section 1104(d) of the State Ethics Act prohibits receipt of compensation
from public funds by public officials unless an SFI has been filed.
Reed , 15 -055
Page 33
Ill. DISCUSSION:
As a Member of Council for Burgettstown Borough ( "Borough "), Washington County,
from January 2006 through the present, Respondent James A. Reedy 11, also referred to
herein as "Respondent," "Respondent Reedy," and "Reedy," 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 sec.
The allegations are that Reedy violated Sections 1103(a), 1104(a), and 1104(d) of
the Ethics Act: (1) when he utilized the authority of his public position for the private
pecuniary benefit of himself, a member of his immediate family, and/or a business with
which he is associated, namely Friends of Burgettstown Kids Center, Inc., when he
converted public monies of the Borough to his private use and/or for the benefit of Friends
of Burgettstown Kids Center, Inc., a business with which he is associated; (2) when he
utilized the authority of his public office to obtain access /usage of the Kids Center by
Friends of Burgettstown Kids Center, Inc.; (3) when he utilized the authority of his office to
approve payment of Borough monies to his sons; and (4) when he failed to file annual
Statements of Financial Interests ( "SFIs ") for calendar years 2010 and 2013 in connection
with his public office /public employment.
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 employyee 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 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.
Reed , 15 -055
Page 34
Section 1104(a) of the Ethics Act provides that each public off iciallpublic 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.
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.
Reedy has served as a Member of Borough Council (also referred to herein as
"Council ") from January 2006 through the present. Reedy has served as President of
Council since January 2012. Council consists of five Members.
Background
In 2001, Council approved the purchase of a building hat became known as the
Kids Center. The Borough was responsible for payment of the mort age and utilities for
the Kids Center, which was intended to enable the Borough to hold activities and events for
the benefit of the children in the Burgettstown area.
On an annual or biennial basis, Council has appointed or designated a Council
Member to serve in the position of Borough Parks & Recreation liaison (the "Parks &
Recreation Liaison "). The duties and responsibilities performed by the Parks & Recreation
Liaison have included, in pertinent part: (1) overseeing all aspects of Borough activity
related to parks and recreation; (2) managing reservations by individuals and entities
utilizing the Kids Center and Borough park pavilions for private or ppublic events; (3)
collecting monies paid by individuals and entities for the private or public use of the Kids
Center and Borough park pavilions and depositing the monies into a Borough bank account
or providing the monies to the Borough Secretary/Treasurer for deposit; and (4) preparing
and providing Council with a parks and recreation financial report.
From at least 2001 until 2004, Council Member Sammi Wank ( "Wank ") served as
the Parks & Recreation Liaison, in which capacity she organized a group of volunteers
within the community to assist her with Borough parks and recreation events. After the
Borough purchased the Kids Center, Wank and the group of volunteers referred to
themselves interchangeably as the "Parks & Recreation Committee" or "Kids Center"
(hereinafter referred to as the "Parks & Recreation Committee "). The Parks & Recreation
Committee was not created by any formal action taken by Council as a whole. The Parks
& Recreation Committee utilized Borough facilities for various social events for Borough
citizens and engaged in fundraising related to parks and recreation events and activities.
The Parks & Recreation Committee has been an active entity within the Borough since
2002.
Wank continued to be an active member of the Parks & Recreation Committee after
her service on Council concluded in or about December 2003. At about the time Wank
was leaving office, Reedy began volunteering for the Parks & Recreation Committee.
Although he was not a Member of Council, Reedyy began presenting Parks & Recreation
Committee reports to Council as early as March 1, 2004.
In early 2004, Borough resident Susan Klinsky ( "Klinsky ") organized a group of
volunteers to assist the Parks & Recreation Committee by raising funds through small
games of chance and cash bashes. The group of volunteers was separate and apart from
the Parks & Recreation Committee, and the volunteers referred to themselves as "Friends
of Kids Center." Council was not involved in the creation or organization of Friends of Kids
Center, and Reedy was not a founding or initial member of Friends of Kids Center. Reedy
Reedy, 15 -055
Page 35
became affiliated with Friends of Kids Center in or around May 2004. Friends of Kids
Center raised funds and made donations to the Borough.
After Reedy took office as a Council Member in January 2006, he was appointed as
the Parks & Recreation Liaison, and he was thereafter appointed or reappointed to the
position every other year. At Council's October 2006 meeting, discussion occurred among
Council Members regarding the appropriate disposition of any revenue related to "Kids
Center," "Parks & Recreation," and the "Parks & Recreation Committee/Kids Center."
Council determined that any revenue related to "Kids Center," "Parks & Recreation," and
the "Parks & Recreation Committee/Kids Center" was to be accounted for through a
separate Borough account. Council directed that Reed and Wank, who was then a
volunteer associated with the Parks & Recreation Committee and not a Council Member,
were to have signature authority over the Borough's parks and recreation fiscal accounts.
During the October 2006 Council meeting, Reedy was directed to begin providing a
monthly financial report to Council regarding the Borough's revenue related specifically to
parks and recreation. Reedy refused to provide such monthly financial reports to Council
on a consistent basis, and he repeatedly ignored requests by then - Council President Pam
Church ( "Church ") for information concerning the Borough's parks and recreation finances.
In January 2008, Reedy and Klinsky filed Articles of Incorporation with the
Pennsylvania Department of State for domestic, non- profit corporation status for Friends of
Kids Center. Reedy and Klinsky incorporated Friends of kids Center as "Friends of
Burgettstown Kids Center, Inc." in response to increased finances and in an effort to
separate Friends of Kids Center from any potential control by Council. Although Reedy
was not identified in the Articles of Incorporation for Friends of Burgettstown Kids Center,
Inc. as holding a particular officer position within the corporation, he was consistently
identified or designated as the "President" of Friends of Burgettstown Kids Center, Inc.
from 2010 through 2016. In or about November 2008, Friends of Burgettstown Kids
Center, Inc. received recognition from the Internal Revenue Service as a 501(c)(3) entity
and was assigned a tax identification number.
At various Council meetings between February 2008 and August 2009, Council
President Church continued to request that Reedy provide Council with financial reports
regarding the Borough's finances related to parks and recreation, raised her concerns
regarding the status of the Borough's parks and recreation monies, and presented her
belief that the Borough's parks and recreation finances should be audited by the Borough
Auditor. At a meeting between various representatives of the Parks & Recreation
Committee and Council, it was determined that an audit of the Borough's parks and
recreation finances needed to be conducted. Reedy, who was present at the meeting on
behalf of the Parks & Recreation Committee, was not in favor of an audit. Reedy wanted
the parks and recreation finances under his complete control, and he asserted that he
would manage the parks and recreation finances through his non - profit business in order to
avoid future accountability to the Borough. In October 2009, Council determined to have
the Borough's parks and recreation finances audited for calendar years 2003 through
2008.
The Borough Auditor and an accountant hired by the Parks & Recreation Committee
reviewed bank statements and other information supplied by Reedy with regard to a
business checking account in the name of "Burgettstown Parks and Recreation" that Wank
had opened at National City Bank in 2002 for the benefit of the Parks & Recreation
Committee. Reedy had maintained signature authority over the bank account since March
2005. In or about February 2010, the Borough Auditor and the accountant confirmed that
the funds in the "Burgettstown Parks and Recreation" bank account consisted of Borough
monies. In response to the audit, Reedy turned all aspects of the "Burgettstown Parks and
Recreation" bank account over to the Borough in or about February 2010.
Re: The "Kids Center" Bank Account
Reed , 15 -055
Page 36
In March 2009, Reedy opened a business checking account in the name of "Kids
Center" at National City Bank for the purposes of depositing Borough parks and recreation
monies. Reedy opened the "Kids Center" bank account in response to Council President
Church's directive that Reedy provide financial reports regarding the Borough's parks and
recreation finances and in anticipation that a Borough audit of the Borough's parks and
recreation finances was forthcoming. eed did not disclose to the Borough or any
Borough representatives that he had opened t e "Kids Center" bank account even though
it was to be utilized for the same purposes as the "Burgettstown Parks and Recreation"
bank account. Reedy concealed the existence of the "Kids Center" bank account from
Council and the Borough Auditor in order to enable himself to utilize the monies in the
account absent Borough approvals or public oversight. Reedy was one of three individuals
who maintained signature authority over the "Kids Center" bank account.
From February 2011 through December 2015, Reedy, as a Council Member and the
Parks & Recreation Liaison, was the only Borough representative who accepted fees paid
for the use of the Borough park pavilions or the Kids Center. Reedy directed that the
checks used to pay for use of the Borough park pavilions or the Kids Center be made out
to "Kids Center. Park pavilion rental fees and Kids Center rental fees were deposited into
the "Kids Center" bank account by Reedy or, at Reedy's direction, by volunteers associated
with the Parks & Recreation Committee. Reedy provided the Borough Secretary/Treasurer
with park pavilion rental fees only if the check used to make payment was made payable to
"Burgettstown Borough" or "Burgettstown Parks & Recreation," and he provided the
Borough Secretary/Treasurer with cash only if the paying party specifically directed that the
fee be applied to the Borough's Parks & Recreation fund. The "Kids Center" bank account
opened by Reedy was utilized for the deposit of monies that should have been deposited
into the "Burgettstown Parks and Recreation" bank account opened by Wank in 2002.
During the time frame of February 2011 through July 2016, Reedy, or individuals
associated with the Parks & Recreation Committee who were authorized by Reedy,
deposited $42,888.05 into the "Kids Center" bank account, which recorded debits or
expenditures of $42,819.39 during the same time frame. Reedy was consciously aware at
the time the deposits were made that the funds were Borough funds /public monies, and he
made the decisions over how the funds were to be used. The parties have stipulated that
Reedy realized a private pecuniary benefit of no less than $42,888.05 by opening and
concealing the "Kids Center" bank account for the deposit and expense of parks and
recreation monies.
Re: The "Burgettstown Community DaV Fund" Bank Account
From at least 2004 through 2013, a Community Day event had been held within the
Borough. The Community Day event was developed and ultimately organized by Reedy,
Janet Castellino "Castellino "), and Gregory Paven ( "Paven ") independently of any formal
Council action. Reedy, Castellino, and Paven referred to themselves as the "Community
Day Committee."
In 2004, Castellino, who was employed as the Borough SecretarylTreasurer,
opened a small business checking account at National City Bank to be utilized by the
Community Day Committee. Castellino provided the Boroughs tax identification number to
National City Bank to be assigned to the bank account, which was subsequently named
"Burgettstown Community DaXs." Then - Council President Richard Alvarez had authorized
the utilization of the Borough s tax identification number to open a bank account for the
Community Day events. Reedy, Castellino, and Paven each maintained signature
authority over the bank account.
On or about November 4, 2009, Reedy, who was then a Council Member, directed
Castellino to change the tax identification number associated with the "Burgettstown
Community Days" bank account to the tax identification number for Friends of Burgettstown
Reed , 15 -055
Page 37
Kids Center, Inc. Reedy did not advise or consult with Council before directing Castellino
to change the tax identification number associated with the bank account. In addition to
changing the tax identification number, Castellino changed the name of the bank account
to "Burgettstown Community Day Fund" and removed Paven from having signature
authority over the bank account due to his lack of involvement at that time.
Reedy deposited public monies intended for the Parks & Recreation Committee into
the "Burgettstown Community Day Fund" bank account. Reedy had control over how the
funds in the "Burgettstown Community Day Fund" bank account were utilized, and funds
were utilized for sponsoring Kids Center events. The parties have stipulated that during
the time frame of February 2011 through November 2014, Friends of Burgettstown Kids
Center, Inc., a business with which Reed is associated, realized a pecuniary benefit of
$26,030.38 as a result of Reedy directing he amendment of the tax identification number
associated with the "Burgettstown Community Day Fund" bank account from that of the
Borough to that assigned to Friends of Burgettstown Kids Center, Inc.
Reedy and Castellino closed the "Burgettstown Community Day Fund" bank
account on or about November 28, 2014, due to the last Community Day event occurring in
2013. The bank account had a zero balance at the time that it was closed.
Re: Reed 's Management of Use of the Kids Center
The Borough entered into lease agreements with entities seeking to regularly use
the Kids Center. During he time frame of mid -2004 through late 20'16, Community Action
Southwest, a non - profit organization, provided General Education Development ( "GED ")
classes and Women, Infant, Children "WIC ") assistance from the Kids Center. As early as
2004, Community Action Southwest entered into annual rental/lease/use agreements with
the Borough for the use of the Kids Center. Written agreements were executed by a
Community Action Southwest representative and a Borough representative.
During the time period of February 2011 through December 6, 2015, the Parks &
Recreation Committee and Friends of Burgettstown Kids Center, Inc. issued ten payments
totaling $25,000.00 to the Borough for use of the Kids Center. No lease or rental
agreement between the Borough and the Parks & Recreation Committee regarding the use
of the Kids Center had been presented to Council for consideration or ratification. Reedy
asserted that since October 2009, an ongoing verbal lease /agreement (the "Verbal
Agreement ") had existed for use of the Kids Center by the Parks & Recreation Committee.
The Verbal Agreement purportedly called for an annual payment in the amount of
$5,000.00 to the Borough from Parks & Recreation Committee funds in exchange for
unrestricted use of the Kids Center by the Parks & Recreation Committee.
As a Council Member and the Parks & Recreation Liaison, Reedy established a fee
schedule for the private or public use of the Borough park pavilions and the Kids Center.
The fee schedule was in effect from February 2011 through December 2015 and charged a
fee of $25.00 for use of a ark pavilion and $60.00 for use of the Kids Center. Reedy
established the fee schedule in order to offset the cost of the annual $5,000.00 payment
the Parks & Recreation Committee was making towards its use of the Kids Center.
Although Reedy did not seek in p
ut or approval from Council when establishing the fee
schedule, Council was aware that Reedy was charging fees for the use of the park
pavilions and the Kids Center.
As the Parks & Recreation Liaison, Reedy was the sole Borough
contact /representative for individuals or entities interested in reserving the Borough park
pavilions or the Kids Center during the time period of February 2011 through December
2015. Reedy made the ultimate determination if a fee would be charged for use of the
park pavilions or the Kids Center. Reedy did not charge individuals associated with the
Parks & Recreation Committee or Friends of Burgettstown Kids Center, Inc. for use of the
park pavilions or Kids Center for private events.
Reedy, 15 -055
Page 38
Reedy, as a Council Member and the Parks & Recreation Liaison, allowed multiple
events to be held at the Kids Center by Friends of Burgettstown Kids Center, Inc. without
assessment of a rental or use fee. Reedy possessed the key to the Kids Center, and he
used the key to gain access to the Kids Center so that Friends of Burgettstown Kids
Center, Inc. could conduct Bingo and Small Games of Chance events. Reedy duplicated
the Kids Center key and supplied it to his father and Klinsky to enable them to access the
Kids Center for such Bingo /Small Games of Chance events in his absence.
During the time period of February 2011 through at least December 27, 2015,
Friends of Burgettstown Kids Center, Inc. consistently held Cash Bashes, Small Games of
Chance, and Bingo events at the Kids Center. The purpose of the events was to raise
funds for Friends of Burgettstown Kids Center, Inc., which asserted the funds would be
donated to the Park & Recreation Committee.
Between January 6, 2013, and December 27, 2015, Friends of Burgettstown Kids
Center, Inc. held a Bingo or Small Games of Chance event at the Kids Center on no less
than 131 occasions. Friends of Burgettstown Kids Center, Inc. did not maintain a record of
Bingo or Small Games of Chance events that were held at the Kids Center in 2011, 2012,
and 2016. Based upon the Kids Center usage fee established by Reedy ($60.00) and the
known number of times that Bingo or Small Games of Chance events were held at the Kids
Center (131), the parties have stipulated that Friends of Burgettstown Kids Center, Inc.
realized a pecuniary gain of $7,860.00 ($60.00 x 131) during the time period of 2013
through 2015 by Reedy not assessing or collecting a Kids Center usage fee. See, Fact
Findings 96, 96a.
During the time period of February 2011 through October 2016, proceeds totaling
$148,279.82 from Bingo and Small Games of Chance events held at the Kids Center by
Friends of Burgettstown Kids Center, Inc. were deposited into three bank accounts
associated with Friends of Burgettstown Kids Center, Inc. over which Reedy maintained
signature authority.
Re: Pavment to Reedv's Sons for Performing Work for the Borough
James Reedy III and Joseph Reedy are Reedy's sons. James Reedy III is the
ownerloperator of Reedy's Lawn Service and has been performing grass cutting services
within the Borough since 2013.
In or about July 2014, the Borough lawn mower used to maintain the four -lane
highway through the Borough was in need of repairs. Reedy, as the Council- appointed
liaison to the Street Department, informed Council of the situation at the July 2014 Council
meeting. Reedy also informed Council that his sons could perform the mowing for $100.00
F eper cut until the Borough equipment was repaired. Council agreed to pay James Reedy III
any mowing necessary while the Borough equipment was being repaired. Council did
not formally make a motion or vote on the matter.
During the August 2014 Council meeting, Reedy, as the Council - appointed liaison to
the Street Department, advised Council that the Street Department was still waiting for the
mower to be repaired. Council Member Mark Sarracino responded to Reedy's comment by
stating that Reedy's sons should continue performing their grass cutting service for the
Borough. No other action regarding the matter was noted in the meeting minutes.
James Reedy III and Joseph Reedy erformed grass cutting services for the
Borough during July 2014 and August 2014. James Reedy III and Joseph Reedy
submitted five invoices to the Borough requesting payment in the total amount of $800.00
for the grass cutting services.
Reedy, 15 -055
Page 39
Bills received by the Borough are paid upon receipt by the Borough
Secretary/Treasurer, absent formal action by Council. Borough checks require the
signatures of the Borough Secretary/Treasurer and any two of three Council Members who
maintain signature authority over Borough financial accounts. Reedy has been an
authorized signatory for Borough financial accounts since 2006. The Borough
Secretary/Treasurer has had access to and utilized a facsimile stamp of Reedy's signature
to sign Borough checks. A vote is taken by Council to approve a monthly financial report
that identifies all bills received and paid by the Borough since the prior legislative meeting
of Council.
Pursuant to the Borough's bill paying procedures, the Borough issued a check to
James Reedy III or Joseph Reedy upon receipt of each invoice for the grass cutting
services performed for the Borough. The Borough issued five checks totaling $800.00 to
Reedy's sons as payment for the grass cutting services. The checks were issued between
Council meetings, and the Borough Secretary/Treasurer utilized a facsimile stamp of
Reedy's signature to sign his name on each check as an authorized signatory for the
Borough.
The payments issued to Reedy's sons were not documented on any bill lists
presented to Council for approval but were identified within financial reports presented to
Council in August 2014 and September 2014. Reedy participated in unanimous votes of
Council to approve the August 2014 and September 2014 financial reports that identified
the payments to his sons.
Re: Reedy's SF'Is
In December 2015, the Investigative Division of the Commission conducted an SFI
compliance review of the Borough. No SFIs for Reedy for calendar years 2010 and 2013
were maintained within Borough files. Reedy received compensation in the amount of
$900.00 per year, totaling $1,800.00, from public monies of the Borough through his
position as a Council Member during 2011 and 2014.
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:
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 Reedy utilized the
authority of his public position for the private
pecuniary benefit [of] Friends of Burgettstown
Kids Center, Inc., a business with which he is
associated, when he directed that monies
otherwise payable to the Borough of
Burgettstown be deposited /transferred to
banking accounts under his [control] and/or the
control of the Friends of burgettstown Kids
Center, Inc.
b. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(x), occurred when Reedy utilized the
authority of his public position to obtain free and
Reedy, 15 -055
Page 40
unfettered accesslusage of the Kids Center by
the Friends of Burgettstown Kids Center, Inc., a
business with which he is associated.
C. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Reedy utilized the
authoritty of his office to approve payment of
Borough monies to members of his immediate
family, namely his sons.
That a violation of Section 1104(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a), occurred when Reedy failed to file
annual Statements of Financial Interests for
calendar years 2010 and 2013, in connection
with his public office /public employment.
e. Pursuant [toSection 1104(d) of the Public E
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(d), Reedy will remit $1,800.00 (included
within the total remittance contained within
paragraph four (4) below) as disgorgement of the
public monies he received while not maintaining
filed Statements of Financial Interests.
4. Reedy agrees to make payment in the amount of $10,460.00
in settlement of this matter, payable to the Borough of
Burgettstown, 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, Reedy agrees to file
complete and accurate Statements of Financial Interests with
the Borough of Burgettstown, through the Pennsylvania State
Ethics Commission, for the 2010 and 2013 calendar years
within thirty (30) days of the issuance of the final adjudication
in this matter.
6. Reed agrees to not accept any reimbursement, compensation
or other payment from the Borough of Burgettstown
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 A reement, we accept the parties' recommendation for a
finding that a violation of Section 1 03(a) of the Ethics Act occurred when Reedy utilized
Reedy, 15 -055
Page 41
the authority of his public position for the private pecuniary benefit of Friends of
Burgettstown Kids Center, Inc., a business with which he is associated, when he directed
that monies otherwise payable to the Borough be deposited /transferred to banking
accounts under his control and/or the control of Friends of Burgettstown Kids Center, Inc.
In 2001, Council approved the purchase of a building that became known as the
Kids Center. A business checking account in the name of "Burgettstown Parks and
Recreation" was opened at National City Bank in 2002 for the benefit of the Parks &
Recreation Committee, a group of volunteers organized by a Council Member who was
then serving as the Council- appointed Parks & Recreation Liaison.
In 2004, a small business checking account was opened at National City Bank
under the Borough's tax identification number for Community Day events held within the
Borough. Reedy, who was not yet serving as a Member of Council, was one of three
individuals who maintained signature authority over the "Burgettstown Community Days"
bank account.
After Reedy took office as a Council Member in January 2006, he was appointed by
Council as the Parks & Recreation Liaison. The duties and responsibilities of the Parks &
Recreation Liaison included managing reservations by individuals and entities using the
Kids Center and Borough -owned park pavilions for private or public events and the
collection and deposit of monies paid for such use.
In January 2008, Reedy and another individual incorporated a volunteer
organization, Friends of Kids Center, as "Friends of Burgettstown Kids Center, Inc." Reedy
was consistently identified or designated as the "President" of Friends of Burgettstown Kids
Center, Inc. from 2010 through 2016.
Reedy took action in 2009 related to two separate bank accounts. In March 2009,
Reedy opened a business checking account in the name of "Kids Center" at National City
Bank for the purposes of depositing Borough parks and recreation monies. Reedy did not
disclose to the Borough or any Borough representatives that he had opened the "Kids
Center" bank account. Reedy concealed the existence of the "Kids Center bank account in
order to enable himself to utilize the monies in the account absent Borough approvals or
public oversight. Reedy was one of three individuals who maintained signature authority
over the "Kids Center" bank account. In November 2009, Reedy directed that the tax
identification number associated with the "Burgettstown Community Days" bank account be
changed to the tax identification number for Friends of Burgettstown Kids Center, Inc. The
name of the bank account was also changed to "Burgettstown Community Day Fund."
Reedy used the authority of office when he deposited public monies intended for the
Parks & Recreation Committee into the 'Burgettstown Community Day Fund" bank account
under the tax identification number of Friends of Burgettstown Kids Center, Inc. The parties
have stipulated that during the time frame of February 2011 through November 2014,
Friends of Burgettstown Kids Center, Inc., a business with which Reedy is associated,
realized a pecuniary benefit of $26,030.38 as a result of Reedy directing the amendment of
the tax identification number associated with the "Burgettstown Community Day Fund"
bank account from that of the Borough to that assigned to Friends of Burgettstown Kids
Center, Inc.
From February 2011 through December 2015, Reedy, as a Council Member and the
Parks & Recreation Liaison, accepted fees paid for the use of the Borough park pavilions
or the Kids Center. During the time frame of February 2011 through July 2016, Reedy, or
individuals associated with the Parks & Recreation Committee who were authorized by
Reedy, deposited $42,888.05 into the "Kids Center" bank account. The "Kids Center" bank
account was utilized for the deposit of monies that should have been deposited into the
"Burgettstown Parks and Recreation" bank account.
RRee�d 15 -055
Page 42
Reedy used the authority of office when he accepted fees paid for the utilization of
the Borough park pavilions or the Kids Center and deposited or authorized the deposit of
such fees into the "Kids Center" bank account. The parties have stipulated that Reedy
realized a private pecuniary benefit of no less than $42,888.05 by opening and concealing
the "Kids Center` bank account for the deposit and expense of parks and recreation
monies.
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 Reedy
utilized the authority of his public position for the private pecuniary benefit of Friends of
Burgettstown Kids Center, Inc., a business with which he is associated, when he directed
that monies otherwise payable to the Borough be deposited /transferred to banking
accounts under his control and /or the control of Friends of Burgettstown Kids Center, Inc.
We agree with the parties that a violation of Section 1103(a) of the Ethics Act
occurred when Reedy utilized the authority of his public position to obtain free and
unfettered access /usage of the Kids Center by Friends of Burgettstown Kids Center, Inc., a
business with which he is associated.
As a Council Member and the Parks & Recreation Liaison, Reedy established a fee
schedule for the private or public use of the Borough park pavilions and the Kids Center.
As the Parks & Recreation Liaison, Reedy was the sole Borough contact/representative for
individuals or entities interested in reserving the park pavilions or the Kids Center during
the time period of February 2011 through December 2015. Reedy made the ultimate
determination if a fee would be charged for use of the park pavilions or the Kids Center.
Reed yy used the authority of office when he allowed multiple events to be held at the
Kids Center by Friends of Burgettstown Kids Center, Inc. without assessment of a rental or
use fee. During the time period of February 2011 through at least December 27, 2015,
Friends of Burgettstown Kids Center, Inc. consistently held Cash Bashes, Small Games of
Chance, and Bingo events at the Kids Center. Between January 6, 2013, and December
27, 2015, Friends of Burgettstown Kids Center, Inc. held a Bingo or Small Games of
Chance event at the Kids Center on no less than 131 occasions. The parties have
stipulated that Friends of Burgettstown Kids Center, Inc. realized a pecuniary gain of
$7,860.00 during the time period of 2013 through 2015 by Reedy not assessing or
collecting a Kids Center usage fee.
With each element of a violation of Section 1103(a) established, we hold that a
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Reedy
utilized the authority of his public position to obtain free and unfettered access /usage of the
Kids Center by Friends of Burgettstown Kids Center, Inc., a business with which he is
associated.
The parties have recommended a finding hat a violation of Section 1103(a) of the
Ethics Act occurred when Reedy utilized the authority of his office to approve payment of
Borough monies to members of his immediate family, namely his sons.
Reedy's sons, James Reedy Ill and Joseph Reedy, performed grass cutting services
for the Borough during July 2014 and August 2014. The Borough issued five checks
totaling $800.00 to Reedy's sons as payment for the grass cutting services. Reedy used
the authority of his office as a Member of Council when he voted to approve the August
2014 and September 2014 financial reports that identified the payments to his sons.
We are mindful of the judicial decision in Bixler v. State Ethics Commission, 847
A.2d 785 (Pa. Cmwlth. 2004) (holding that a net profit in the amount of $561.77 resulting
from business transactions between a township supervisor's employer and the township
would fall within the "de minimis" exclusion to the definition of "conflict of interest "). If the
parties had not determined to enter into a Consent Agreement, we could have been
Retied , 15 -055
Page 43
presented with issues as to whether, under the circumstances of this case, the de minimis
exclusion would apply as to Reed 's approval of the financial reports that identified the
aforesaid payments made by the Borough to his sons.
However, given that. (1) the parties have entered into a comprehensive Consent
Agreement with the benefit of agal counsel to assist them in weighing all relevant factual
and legal considerations; and (2� the parties are in agreement that the finding of the
aforesaid violation of Section 11 D (a) would be appropriate as part of an overall settlement
of this case, we shall accept the parties' proposed disposition.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S.
§1103((a), occurred when Reed utilized the authority of his office to approve payment of
Borough monies to members of his immediate family, namely his sons.
We agree with the parties, and we hold, that a violation of Section 1104(a) of the
Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Reedy failed to file SFIs for calendar
years 2010 and 2013 in connection with his public office /public employment.
As part of the Consent Agreement, Reedy has agreed to make payment in the
amount of $10,460.00 payable to the Borough of Burgettstown and forwarded to this
Commission within thirty (30) days of the issuance of the final adjudication in this matter.
We note that pursuant to Section 1104(4) of the Ethics Act, 65 Pa.C.S. § 1104(d), Reedy
has agreed that he will remit $1,800.00 (included within the aforesaid paymentt totaling
$10,460.00) as disgorgement of the public monies he received while not maintaining filed
SFIs.
Reedy has further agreed to not accept any reimbursement, compensation or other
payment from the Borough representing a full or partial reimbursement of the amount paid
to settlement of this matter. Additionally, to the extent he has not already done so, Reedy
has agreed to file complete and accurate SFIs with the Borough, through this Commission,
for calendar years 2410 and 2013 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, Reedy is directed to make
payment in the amount of $10,460.00 payable to the Borough of Burgettstown and
forwarded to the Pennsylvania State Ethics 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, Reedy is further 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.
To the extent he has not already done so, Reedy is directed to file complete and
accurate SFIs with the Borough, through the Pennsylvania State Ethics Commission, for
calendar years 2010 and 2013 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.
Re9�v 15 -055
vge 44
IV. CONCLUSIONS OF LAW:
1. As a Member of Council for Burgettstown Borough ( "Borough "), Washington Count,
from January 2006 through the present, Respondent James A. Reedy 11 ( "Reedy')
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. Reedy violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he
utilized the authority of his public position for the private pecuniary benefit of Friends
of Burgettstown Kids Center, Inc., a business with which he is associated, when he
directed that monies otherwise payable to the Borough be deposited /transferred to
banking accounts under his control and/or the control of Friends of Burgettstown
Kids Center, Inc.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Reedy utilized the authority of his public position to obtain free and unfettered
access /usage of the Kids Center by Friends of Burgettstown Kids Center, Inc., a
business with which he is associated.
4. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Reedy utilized the authority of his office to approve payment of Borough
monies to members of his immediate family, namely his sons.
5. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred
when Reedy failed to file Statements of Financial Interests for calendar years 2010
and 2013 in connection with his public office /public employment.
In Re: James A. Reedy, File Docket: 15 -055
Respondent Date Decided: 6/7117
Date Mailed: 6126117
ORDER NO. 1716
1. As a Member of Council for Burgettstown Borough ( "Borough "), Washington County,
Respondent James A. Reedy, II ( "Reedy ") violated Section 1103(a) of the Public
Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he
utilized the authority of his public position for the private pecuniary benefit of Friends
of Burgettstown Kids Center, Inc., a business with which he is associated, when he
directed that monies otherwise payable to the Borough be deposited /transferred to
banking accounts under his control and/or the control of Friends of Burgettstown
Kids Center, Inc.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Reedy utilized the authority of his public position to obtain free and unfettered
access /usage of the Kids Center by Friends of Burgettstown Kids Center, Inc., a
business with which he is associated.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Reedy utilized the authority of his office to approve payment of Borough
monies to members of his immediate family, namely his sons.
4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred
when Reedy failed to file Statements of Financial Interests for calendar years 2010
and 2013 in connection with his public office /public employment.
5. Per the Consent Agreement of the parties, Reedy is directed to make payment in
the amount of $10,460.00 payable to the Borough of Burgettstown and forwarded to
the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day
after the mailing date of this Order.
6. Per the Consent Agreement of the parties, Reedy is further 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.
7. To the extent he has not already done so, Reedy is directed to file complete and
accurate Statements of Financial Interests with the Borough, through the
Pennsylvania State Ethics Commission, for calendar years 2010 and 2013 by no
later than the thirtieth (30th) 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,