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HomeMy WebLinkAbout1719 SpanikSTATE ETHICS COMMISSION 309 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Joseph G. Spanik, File Docket: 16 -018 Respondent X -ref: Order No. 1719 Date Decided: 9127117 Date Mailed: 9129117 Before: 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 ., 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 far consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. ALLEGATIONS: That Joseph G. Spanik ( "Spanik "), a public official /public employee in his capacity as a Commissioner for Beaver County, Pennsylvania, violated the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et sec.., as follows: A violation of Section 1103(a �is of the Ethics Act occurred when Spanik, pursuant to the authority of office, utilized property and resources belonging to Beaver County for private pecuniary enefit, including but not limited to: use of County employee(s), material(s), equipment, and/or office space, for political (non- governmental) purpposes, in furtherance of political fundraising events associated with his re- election bids; A violation of Section 1105(b)(3) of the Ethics Act occurred when Spanik failed to complete /disclose any direct or indirect interest in any real estate which was sold or [eased to the Commonwealth, any of its agencies or political subdivisions or purchased or leased from the Commonwealth, any of Its agencies or political subdivisions or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions, upon Statements of Financial Interests filed for the 2011 and 2012 calendar years; A violation of Section 1105(b)(5) of the Ethics Act occurred when Spanik failed to complete/disclose the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more, to wit income received from Beaver County upon a Statement of Financial Interests filed for the 2015 calendar year; P.Q. BOX 1 1470, HARRISBURG, PA 17108-1470 • 717-783-1610 • 1-800-932-0936 • www.ethics.state.Pa.us Spank, 16-018 P 2 age 4. A violation of Section 1105(a) of the Ethics Act occurred when Spanik failed to complete /disclose to the best of his knowledge, information and belief, all requisite information upon Statements of Financial Interests filed for the 2011, 2012, and /or 2015 calendar year(s); and 5. A violation of Section 1104 (d) of the Ethics Act occurred when Spanik undertook the oath of office and/or entered /continued upon his duties, and continued to receive compensation from public funds, at a time when he did not maintain an accuratelcomplete Statement of Financial Interests as required by the Ethics Act. II. FINDINGS: Joseph G. Spanik ( "Spanik ") served as a Commissioner for Beaver County from January 5, 2004, to January 3, 2016. a. Spanik served as the Chairman of the Beaver County Board of Commissioners in 2007. b. Spanik ran for re- election as a County Commissioner ( "Commissioner ") in 2007, 2011, and 2015. 1. Spanik was defeated in the November 2015 general election. 2. Beaver County (hereafter, "County" ) is a Fourth Class County governed by a three - Member Board of Commissioners hereafter, "Board "). a. The Board holds legislative meetings on the second and fourth Tuesdays of each month. b. The Board holds a weekly workshop meeting every Wednesday. C. The Board may call and hold special meetings as necessary. GENERAL HISTORY OF THE COUNTY COMMISSIONERS OFFICE AND THE COUNTY COURTHOUSE DURING SPANIK'S TENURE AS A COUNTY COMMISSIONER. 3. The County Courthouse is located at 810 Third Street, Beaver, PA 15009. a. The County Commissioners Office is located on the first floor of the County Courthouse. 1. The main office telephone number for the County Commissioners Office is 724 - 770 -4400. 2. Additional specific direct dial extensions are present in the County Commissioners Officeforthe three Commissioners, the administrative assistants /confidential secretaries, the chief of staff /chief clerk, and the financial administrator. 4. The employment position of administrative assistant/confidential secretary within the County Commissioners Office is a full -time, thirty -five hours per week position. a. The County identifies full -time employees as employees who are regularly scheduled to work 35, 37.5, or 40 hours per week or more on a consistent basis and receive a fixed salary or regular hourly rate. 5. Regularly scheduled working hours for the administrative assistant/confidential secretary position are Monday through Friday, 8:30 a.m. — 4:30 p.m. S anik, 16 -018 Page J a. Individuals serving in said position receive a one -hour unpaid lunch period and two fifteen minute breaks during their regular working hours. 6. The County Commissioners Office is composed of a communal open area; separate private offices for each of the three Commissioners, the financial administrator, and the chief of staff /chief clerk; and one vacant office. a. The work stations for the administrative assistants /confidential secretaries are situated at various locations along the perimeter wall of the communal open area. The administrative assistants/confidential secretaries cannot readily identify the type of work being performed by each other from their respective work stations due to the positioning of the work stations. 7. Each individual employed as an administrative assistant/confidential secretary serves as a general administrative assistant for the County Commissioners Office as well as a confidential secretary for one of the three Commissioners. a. The administrative assistant/confidential secretary position is not covered by or included within the County Union Contract. S. General duties and responsibilities of the individuals employed as administrative assistants/confidential secretaries include, but are not limited to, the following: a. Administrative Assistant: 1. Answering telephones; 2. Word processing; 3. Assisting the public; and 4. Other tasks as directed. b. Confidential Secretary: 1. Answering telephones; 2. Attending meetings; 3. Maintaining the assigned Commissioner's schedule /calendar; and 4. Other tasks as directed. 9. Each administrative assistant/confidential secretary working within the County Commissioners Office is provided specific County equipment and/or other County resources to assist in the performance of his/her daily duties as well as general access to other County resources. a. Each administrative assistant /confidential secretary is assigned an individual telephone /extension, a desktop computer, internet service access, a County email address, and access to the County network system. b. The administrative assistants/confidential secretaries are granted general access to community equipment and supplies present in the County Commissioners Office (photocopier, facsimile machine, office supplies, etc.). Spank, 16 -018 Page 4 10. Three administrative assistant/confidential secretary ppositions existed concurrently within the County Commissioners Office during Spanik's tenure as a Commissioner. a. Tracey Patton ( "Patton "), Sharon Miller, and Lisa Walker (.`Walker ") served as the three administrative assistants /confidential secretaries in the County Commissioners Office during Spanik's tenure. 1. Patton held the dual position of Chief Clerk- administrative assistant/confidential secretary from approximately 2006 through 2015. b. Walker specifically served as Spanik's administrative assistant/confidential secretary during Spanik's entire tenure as a Commissioner. 11. Walker was assigned and/or had access to multiple County resources during the time frame of at least 2011 through 2015 in her capacity as an administrative assistant/confidential secretary. a. Walker was assigned /had access to at least two separate desktop computers during the 2011 through 2015 time frame. 1. Walker had most recently been assigned an HP Pro Desk desktop computer (Serial Number 2UA4211 H5Q). 2. Walker had previously been assigned an HP Pro 3005 MT desktop computer (Serial Number MXL9530Q3N). b. Walker had access to a County landline telephone at her work station which was allocated the number [telephone number redacted] during the 2011 through 2015 time frame. 1. Walker's direct dial County telephone number was published in the Commissioners Office Staff section of the County website. C. Walkerwas assigned a County email address designated as [email address redacted]. 1. Walker's County email address was published in the Commissioners Office Staff section of the County website. d. Walker was assigned /had access to a private file on the County network under the designation "Iwalker" in her position as an administrative assistant/confidential secretary. 12. From 2011 through 2015, Walker received an annual salary as an administrative assistant/confidential secretary within the County Commissioners Office, as detailed below: Effective Date Hourly Wage* Annual Salary* 01/01/2011 20.34 37,013.34 01/01/2012 $20.34 $37,013.34 01/01/2013 $24.09 $43,849.02 01/01/2014 $24.82 $45,165.12 01/01/2015 $25.56 $46,521.02 *Figures obtained from County Employee Pay Rate Reports. a. Walker's hourly wage increased from approximately $20.94 per hour in 2012 to approximately $24.09 per hour, or approximately $43,849.02 annually, effective October 15, 2012. Spank, 16 -018 Page 5 The effective date of Walker's hourly wage increase after January 1, 2012, from approximately $20.34 to approximately $20.94 was not documented on County payroll records provided. HISTORY OF SPANKS CAMPAIGN COMMITTEE AND CAMPAIGN /FUNDRAISING EFFORTS. 13. From at least February 2007 through December 2015, Spanik utilized the services and/or assistance of a campaign committee, "Friends for Joe Spanik" (the "Campaign Committee "), to support his political campaign efforts. a. Addresses utilized by the Campaign Committee on Campaign Finance Reports ( "CFRs ") filed represented Spanik's home address a the applicable time. 14. The Campaign Committee utilized a physical address of P.O. Box 294, Beaver, PA 15009 as well as an email address as communication /contact mediums. a. Payment for fees associated with the P.O. Box was issued from Spanik's Campaign Committee funds. 15. The Campaign Committee was composed of a loose group of individuals who participated and assisted in Spanik's campaign /re- election efforts. a. The number of individuals involved in the Campaign Committee fluctuated at any given time. b. Services performed by members of the Campaign Committee included, but were not limited to, stuffing envelopes, making telephone calls, working at fundraisers, organizing events, etc. 16. Core individuals involved in Spanik's campaigns included, but were not limited to, Spanik, Mike Spanik, Pamela Ronczka ( "Ronczka "), Walker, Charles Datz ( "Datz "), and Mike Sisk ( "Sisk "). a. Mike Spanik is Spanik's brother. b. Ronczka is Spanik's niece. Ronzcka served as Spanik's Campaign Committee Treasurer. C. Walker was Spanik's administrative assistant/confidential secretary at the County. d. Datz was a campaign consultant specifically retained by Spanik to provide campaign management and fundraising services in 2013 and 2014. e. Sisk is a Member of the Beaver County Democratic Committee. 17. Meetings of Spanik's Campaign Committee primarily occurred at local restaurants in the Aliquippa, Monaca, Beaver, etc., area on Saturday mornings. a. No meetings of Spanik's Campaign Committee occurred on or within County property or on County time. 18. Spanik and/or the Campaign Committee routinely sponsored /scheduled at least one mayor fundraising event per calendar year. Spam , 16 -018 Page 6 a. The annual fundraising event was routinely an invitation only golf outing event or dinner event. Organization of golf outings held was accomplished with the assistance of a Golf Committee. aa. The Golf Committee primarily consisted of a small group of individuals involved with Spanik's overall Campaign Committee. b. Additional fundraising events were at times held during election years. 19. Shortly after taking office in 2006, Spanik began using his confidential secretary, Walker, to assist with his campaigns for re- election. a. Spanik ran for re- election in 2007, 2011, and 2015, and held annual fundraisers even in years that he was not running for re- election. b. Spanik requested Walker's assistance while in the County Courthouse. C, Walker was not involved with and/or did not perform services for Spanik's Campaign Committee prior to Spanik taking office as a Commissioner in 2006. Walker was not familiar with Spanik prior to Spanik beginning his first term as a Commissioner. 20. As Spanik's administrative assistant/confidential secretary, Walker felt obligated to assist Spanik with his campaign /re- election efforts. a. Spanik's re- election as a Commissioner provided "job security" for Walker. Newly elected Commissioners were not obligated to retain the existing administrative assistants /confidential secretaries in the County Commissioners Office upon taking office. b. Walker did not object to performing campaign - related activities for Spanik. 21. In 2009, Walker began serving as the Secretary for Spanik's Campaign Committee. a. Walker's services to the Campaign Committee included, but were not limited to, generating letters, mailing letters, making telephone calls, sending /receiving emails and /or text messages, working at fundraising events, tracking fundraising event information, etc. b. Walker provided her personal cellular telephone number and personal email address to members of the Campaign Committee as contact points. 1. Walker's most recent personal cellular telephone number was [telephone number redacted]. 2. Walker's personal email address was [email address redacted] 22. Spanik provided Walker with his personal laptop computer for use by her in the performance of campaign /fundraising- related work. a. Walker utilized Spanik's personal laptop computer for campaign /fundraising purposes both at her home residence and at the County Commissioners Office. Spank, 16 -018 Page 7 23. Campaign- related work which Walker completed with Spanik's computer was ultimately provided to Spanik through various mediums, including email and USB drives. a. Walker provided campaign /fundraising information to Spanik via email transmission to the email address for Spanik's Campaign Committee. b. Walker also provided campaignlfundraising information in person to Spanik in the County Commissioners Office via portable USB drive. Spanik made physical copies of the material contained on the USB drive at a non - County location. 2. Walker obtained the finished copies of campaign material from Spanik's vehicle on her lunch break or after finishing work for the day and placed the copies in her personal vehicle. 24. Walker, at times between 2012 and 2015, also utilized County resources including office space, computers, and telephones to facilitate transmission of campaignlfundraising information to /for Spanik. a. Walker emailed campaign/fundraising-related information from Spanik's personal laptop to her County email address to/for Spanik to review. Walker emailed information to her County email address which she felt Spanik should personally see /review. aa. Walker also emailed campai n /fundraising documents to her County email which contained required information Walker had on her County network files or documents. bb. Walker also emailed campaign/fundraising documents to her County email which Walker saved on the County network as templates for possible future use. 2. Walker provided campaignlfundraising information to Spanik in paper form after printing the information on the County printer located within the County Commissioners Office. aa. The specific number of campaign/fundraising emails Walker sent, received, and /or printed via use of County resources and/or the amount of County time used to perform such could not be determined. 3. These campaign activities using County resources and on County time were done with Spanik's knowledge and consent. b. Walker received additional campaign /fundraising - related emails at her County email address beyond the campaignlfundraising emails she sent to herself. Walker received campaign /fundraiser- related emails at her County email address althou .9h she had informed various individuals associated with Spanik s campaignlfundraising efforts to utilize her personal Yahoo email account. aa. Walker routinely opened the campaign/fundraising-related emails received at her County email address on her County Spank, 16 -018 Page 8 computer during regular County working hours. bb. Walker printed various campaignlfundraising emails from her County computer on the County printer and provided them to Spanik for review and/or forwarded the emails to Spanik's County email address depending on the information contained within the emails. 2. Walker forwarded a significant number of campaignlfundraising emails received at her County email address from outside sources to her personal email address ([email address redacted]) and/or the email address for Spanik's Campaign Committee. aa. The total number of campaign/fu ndraising emails Walker received, forwarded, and /or printed via use of County resources and/or the amount of County time used to perform such could not be determined. bb. The emails related to campaigns /fundraising done during, in, or about times of a fundraising event. C. Walker received cam paignlfundraising-related calls on her personal cellular telephone as well as her County landline telephone while in the County Commissioners Office during her normal work hours. 1. Walker routinely informed the callers of her need to return the call while on her break/lunch period or provided the callers with contact information of another Campaign Committee member. d. Walker received and made telephone calls using County telephones during her County work hours that were related to Spanik's re- election campaign. e. Walker was being compensated as a County employee while some of the campaign - related matters were ongoing. 25. In addition to use of County computer equipment, internet access, pprinters, telephones, and time, Walker saved multiple documents relating to Spanik's campaign /fundraising efforts to the County network. a. This can be documented as occurring at least between 2011 and 2015. b. Walker, at times, generated andlor modified campaign/fundraising-related documents while in the County Commissioners Office and ultimately saved these documents to the County network. Walker typically completed the campaign/fundraising-related tasks while on her lunch and /or on her break periods. aa. Walker primarily did so via use of Spanik's personal laptop computer in the vacant office within the County Commissioners Office. b. Walker did save campaign/fundraising-related documents to the County network to serve as templates for potential future use with Spanik's campaignlfundraising activities. 26. Spanik did, at times, direct Walker to generate campaign/fundraising-related documents during her regular work days and hours in the County Commissioners Office. Spanik, 16 -018 Page 9 a. Walker prepared various campaign /fundraising- related documents at Spanik's direction via use of County resources, including computers. b. Letters were the primary campaign - related documents created by Walker at Spanik's direction. 27. Spanik also utilized Creative Visions Media Services (hereafter, "Creative Visions ") to further assist his campaign efforts in 2015. a. Creative Visions was a marketing /strategic planning company. b. Spanik utilized Creative Visions to develop, organize, and manage campaign postcard mailings for the 2015 primary election. The postcard mailings referenced both Spanik and Amadio in relation to the 2015 election year. C. Spanik utilized Creative Visions to manage his 2015 annual golf outing fundraiser. Management of the event included responsibility for the development of literature (e.g. brochures, registrations, signs, etc.) for the event, oversight of actual production via outsourcing, tracking responses, follow -up contact via telephone and/or email, collection of fees, etc. 28. Spanik also retained Picture This Media Group to provide graphic design services for the layout and design of a campaign mailer and voter letter regarding the 2015 general election. a. Creative Visions ceased operation by the fall of 2015. b. Picture This Media Group moved into and operated from the Wexford, Pennsylvania office location previously utilized by Creative Visions. 29, In 2015, Spanik purchased and maintained a personal cellular telephone through Verizon Wireless in association with his campaign/fu ndraising efforts. a. The cellular telephone and monthly plan were purchased through funds raised by Spanik s Campaign Committee. b. Spanik placed a voice mail message on his County - issued cellular telephone dvi asing callers to contact a separate number if the reason for the call to Spanik was campaign - related. 1. Spanik identified the number for campaign - related calls within the body of the voice mail. C. Spanik continued to also use his County landline and cellular number as points of contact after purchasing the campaign cellular telephone. 30. Upon contracting with Creative Visions in 2015, Spanik informed Amy Taylor ( "Taylor ") of Creative Visions that separation was required between his re- election efforts and his position as a Commissioner. a. Spanik provided Creative Visions with his personal cellular telephone number as well as the Campaign Committee email address as contact points for campaign/fundraising-related matters. Spanik, 16 -018 at age 10 b. Spanik advised Creative Visions representatives to avoid utilizing his County contact points for campaign - related issues. 31. Although provided with personal and/or non- County related contact points, Creative Visions was also provided with County contact points for Spanik and Walker. a. Creative Visions had Spanik's and Walker's County contact information, including telephone numbers and email addresses, as a result of the initial meeting between Spanik and Taylor. 32. Although provided with personal contact points for Spanik, representatives of Creative Visions did utilize Spanik's County contact points for issues requiring immediate attention, such as if a proof nearing a print deadline required approval, etc. 33. Spanik provided both his County cellular telephone number and personal cellular telephone number to Creative Visions in association with campaign /fundraising activities to be initiated in 2015. a. Creative Visions documented Spanik's office contact information as his County - issued cellular number of [telephone number redacted] and his personal cell information as [telephone number redacted]. b. Additional Creative Visions notes related to Spanik's 2015 golf event documented the following under "Contacts ": Lisa Walker (Joe Spanik's Secretary) - Supposed to provide list - [telephone number redacted] 1. Telephone number [telephone number redacted] was Spanik's direct dial number at the County Commissioners Office. FUNDRAISING EVENTS 2011 TO 2015. 34. During the time frame of July 2011 through December 2015, Spanik and /or Spanik's Campaign Committee sponsored a minimum of five separate fundraisers for Spanik's campaign efforts as detailed below: Calendar Event Event Location Event Date Year Description 2 0T2_ Uolt Outing Beaver Valley Country June 1, 2012 Club 2013 Dinner Event Seven Oaks Country June 12, 2013 Club 2014 Golf Outing The Club at Shadow June 13, 2014 Lakes 2015* Dinner Event The Fez April 30, 2015 2015* Golf Outing Beaver Valley Country August 14, 2015 Club *2015 was an election year a. The scheduling of these events was primarily arranged by Spanik. b. Spanik's County telephone and cellular telephone numbers were utilized as contact points for scheduling. 35. Spanik's County - issued cellular telephone number of [telephone number redacted] was on file as a contact number for Spanik with Beaver County Country Club for the Spanik, 16 -018 Page 11 2012 and 2015 golf events. a. Correspondence dated October 2, 2016, from Rudy Vetica, President of Beaver Valley Golf Club, documented Spanik as the individual responsible for scheduling the 2012 and 2015 golf events. 1. Spanik utilized the services of C &S Sports, LLC, to obtain multiple clothing items in association with the 2015 golf event as documented on Invoice Numbers 13848 and 13951. aa. Support documents associated with Invoice Numbers 13848 and 13951 document Spanik as the customer and Spanik's County- issued cellular telephone number of [telephone number redacted] as his contact number. 36. Spanik's County - issued cellular telephone number of ]telephone number redacted as well as S anik`s County_ assigned email address were initially on file as points of contact for Spanik regardin the Seven Oaks Country Club event contract dated February 18, 2013 (Revised. a. On June 4, 2013, at 11:19 a.m., Spanik's Campaign Manager emailed Joe Strauss of the Seven Oaks Country Club advising of the contact information for the event as follows: Charlie Datz, Campaign Manager Friends of Joe Spanik Committee P.O. Box 294 Beaver, PA 15009 CellIVoice Mail: [telephone number redacted] b. Datz emailed Joe Strauss at Seven Oaks Country Club on June 6, 2013, at 10:20 a.m., requesting and ultimately rescinding the removal of Spanik's County cellular telephone number and County email address from the event contract dated June 7, 2013, and its replacement with Datz's email and cellular telephone number as well as the Campaign Committee's email. Additionally, documented in Datz's June 6, 2013, email was a response to Strauss' June 5, 2013, email which requested an estimated count of guests as follows: Joe: Thanks forgetting back to us yesterday. We will have a count for you ASAP today. One of the Commissioner's staff is working on that now and 1 will forward to you as soon as possible. 37. Records associated with the golf event held at The Club at Shadow Lakes on June 13, 2014, documented no contact numbers of any type for Spanik or the Campaign Committee. a. Correspondence dated September 16, 2016, from James Manganello, owner of The Club at Shadow Lakes, documented Manganello personally speaking with Mike Spanik, Spanik's brother, regarding the event. 38. Spanik's County - issued cellular telephone number of [telephone number redacted] was on file with The Fez as a contact number, with Spanik specifically identified on the event invoice as the site contact as well as the booking contact for the 2015 fundraiser dinner event. SSpan�ik, 16 -018 Page 12 a. Email correspondence between representatives of The Fez on April 30, 2015, documented telephone contact with Walker, Spanik's County assistant, regarding the event as follows: As you know, Kelly is not in today. Joe Spanik's office (Lisa) called and wanted a 4 -ft table inside the room on the right, right inside the door, for literature (there is a Oft already skirted in the room against the wall, for no reason, so it will just have to [sic]moved to where she wants it. Also needs the 6 reserved parking spaces before his staff arrives at 5:00. And, behind head table (where they were working on doors) is still not mixed properly. 39. In 2014, Spanik also utilized Walker's direct dial County telephone number in the County Commissioners Office as a point of contact to Campaign Committee members serving on Spanik's Golf Committee. a. Spanik authorized the distribution of a memo dated March 13, 2014, in his name to his Golf Committee members regarding a Golf Committee meeting to be held on Saturday, March 29, 2014. Specifically documented in the memo was, "Please contact Lisa to let her know if you will be able to attend. Give her a call at [telephone number redacted]." HISTORY OF THE DISCOVERY OF CAMPAIGN AND /OR FUNDRAISING DOCUMENTS ON WALKER'S COUNTY NETWORK FILE. 40. The County utilizes an IT Network system to assist with the day -to -day operations of the County. a. The purpose of the County IT Network system includes the following: To safely and efficiently provide County employees secure access to County applications, Internet access, files, and data; 2. To facilitate the back -up and protection of all County applications, files, and data, and 3. To facilitate communication via email to all County employees, vendors, and County residents. 41. Each emplo ee with access to a County computer within an applicable department has a specific file on the network if deemed necessary. a. Each department is individually mapped within the network. b. Each individual granted access to the network has an assigned fife name. C. The need for an employee to have a file on the network is determined by the applicable elected official or department head. 42. Each employee file on the network is privatized. a. An employee accessing his/her department on the network can identify every employee within his /her department who has a file on the network; however, each employee has access only to his /her own file. Spank, 16 -018 Page 13 b. Exceptions to file access exist regarding employees of the County IT Department. Employees of the County IT Department may access the files of other department employees as needed. 43. County employees /representatives with access to the network are encouraged and directed to save documents on the County network drive to ensure that back - up /restore services can be provided if needed. a. Representatives of the County IT Department manually configure the Microsoft Office applications to save to the County network drives when setting up a County computer for employee use. 1. Documents still may be re- directed to another location if the user chooses to override the default settings. 44. The back -up system used by the County has multiple retention settings in place regarding employee user files, including two daily snapshot back -ups for a fourteen day period, a weekly snapshot back -up for an approximate six month period, and a monthly snapshot back -up for almost a full year period. a. Files of employees who have left the County's employ are routinely maintained for a period of time in order for their files to be accessed for forms, templates, sample writing, etc. b. The program maintains a continual, automatic drop -off period of approximately one month as time passes. 45. Spanik's assistant, Walker, was assigned and/or had access to at least two desktop computers, the County email system, and a file on the County network from at least January 2011 through December 2015. a. Walker was assigned /had access to an HP Pro 3005 desktop computer and an HP Pro Desk desktop computer at different times from January 2011 through December 2015. b. Walker was assigned a County email address designated as Ilwalker @beavercountypa.gov. C. Walker was assigned /had access to a private file on the County network under the designation "Walker." 46. Coinciding with the seating of the new Commissioners in 2016 was a reduction in the number of administrative assistants /confidential secretaries in the County Commissioners Office from three to two. a. None of the three administrative assistants /confidential secretaries in the County Commissioners Office during Spanik's tenure were retained under the incoming administration. b. Walker was terminated from her employment with the County effective January 3, 2016. Walker's County email, PC, and network account were locked and secured upon completion of her last day of employment with the County in accordance with established procedure. 47. Joe Weidner ( "Weidner "), County Chief Clerk/Chief of Staff for the Commissioners _S anik, 16 -018 Page 14 in 2016, reviewed the network files of the prior administrative assistants /confidential secretaries to familiarize himself with and/or obtain sample document templates, sample letters, etc., due to Weidner's inexperience In the position of Chief Clerk /Chief of Staff. 48. Weidner's review of Walker's network files revealed multiple examples of campaign /fundraising activity authored and/or modified by Walker on her County computer and saved to the County network. a. The documents were saved within Walker's file designated as "lwalker" on the County network. 49. Walker's County network files contained a minimum of twenty -three campaign /fundraising documents spanning the time frame of July 2011 throu h August 2015 in Walker's County email and saved to the network or created andyar modified by Walker in the County Commissioners Office and saved to the network as shown below: TITLE DESCRIPTION ATE TED TIME LAST MUD�FIED TIME --- AUTHOR LOCATION GENERATED" 2011townchairs Democratic Committee Chairs 01/12/11 2:52a 07/27/11 11A1a L. Walker Unknown Dear Friends and Supporters Fundraiser Solicitation 08/05/11 3:49p 08/05/11 4:28p L. Walker Onsite at Ci Hole1 Hole Sponsor Register 09/14/11 3:50p 09/14/11 4:06p L. Walker Offsite - emailed to Ct Documentl Campaign Fundraiser 01/26/12 5:04p 01/26/12 5:04p L. Walker Onsite at Ct 2010 COMMITTEE LIST Dem Comm Register 02/19/10 10:21a 04/19/13 1:42p L. Walker From Cty Elect Bur new list Contribution Register 06/25/13 3:56 06/26/13 10:47a L. Walker Offsite- emailed to Ct September 11 S anik Campaign Update Letter 09/05/13 11:38a 09/05/13 12:21 p L. Walker Onsite at Ci 'oe'une12 Donation Register 05/31/13 10:13a 10/29/13 1123a L. Walker Offsite- emailed to Ct mark Elder Campaign Contrib. Letter 02/05/14 2:17p 02/05/14 2:57p L. Walker Onsite at Ct Golflabels2013 Label Register 03/13/14 11:20a 03/14/14 %29a L. Walker Unknown HOLE Hole Sponsor Register 05/08/08 2:14 06/10/14 2:28p L. Walker Offsite- emailed to CE GOLF RULES2008 Fundraiser Rules 05/08/08 2:13P 06/11/14 3:36p L. Walker Unknown CHARLIE Golf Holes 06/12/14 8:39a 06/12/14 8:39a L. Walker Offsite- emailed to Ct number 2 Campaign Support Letter 07/17/14 9:58a 07/17/14 10:22a Unknown Emailed to LW number 1 Campaign Support Letter 07/17/14 8:32a 07/21/14 9:41a Unknown Emailed to LW TAJS Candidac y Announcement 02/23/15 1:56 02/27/15 11 :37v CCBC Emailed to LW Golf Comm ittee.2007d oc Golf Comm Reg ister 01/05/07 1:52 06/03/15 11:13a L. Walker Onsite at Ct Golf Committee.2015doc Golf Comm Register 06/03/15 3:28 06/03/15 3:28p L. Walker Onsite at Ct Golfcommitteelabels2013 Golf Comm Labels 06/10/15 9:27a 06/10/15 9:27a L. Walker Unknown Golf Committee Name Register 06/18/15 3:04 06/18/15 3:34p L. Walker Offsite- emailed to Ct golfrneeting Comm Mtg Letter 06/19/15 8:54a 06/19/15 9:35a L. Walker Offsite- emailed to C Joe S anik is serving... Re- election Info 08/26/15 10:04a 08/26/15 10:25a L. Walker Unknown 'oelist72815 Donation Contact List 07/28/15 11:01, 08/27/15 11:28, L. Walker Offsite- emailed to Ct * Information regarding the location at which the documents were generated was provided by Walker. Multiple other campaign/fundraising-related documents with creation and/or modification dates ranging from as early as February 2005 through February 2011 were discovered on Walker's network files which pre -date the statute of limitations associated with the State Ethics Act. 50. In addition to campaign/fundraising-related documents in Walker's network files, Walker's County email account (Ilwalker beavercountypa.gov) contained a minimum of thirty -six email transmissions sent or received) In 20'15 between Walker and representatives of Creative Visions, Picture This Media Group, and/or Spank, 16 -018 Page 15 Friends for Joe Spanik which related to campaign and /or fundraising events as detailed below: Date/Day Time From To Subiect Message (Summary) Mon, Aug 31, 2UT5- -07 xxxxx@creativevisions.us Ilwalker(o)beavercountypa.go v ontact List Updating current contact list Mon, Aug 31, 20M-- walker(o)beavercountypa.go v xxxxxx creative visions.us Contact List Walker confirmed she will work on Mon, Aug 31, 20 5 wa er eavercouni a. ov xxxxxx creative visions.us Contact List Walker ma a suggestions on owto contact individuals; indicates she will not have email for most ue, Sept 01, TOT5 -T27U7-RVF ilwalker@beavercountypa.gov xxxxxx@thinkminc.com Joe Spanik Golf uting a er in orme Tayor t at pam wanted her to forward a document to Taylor Tue, Sept 0 4 2 :22 )6o6L<x@thifikiiiinc.com Ilwalker@beavercountypa.gov oe pani o uting Taylor thanked Wa er for the message Thu, Sept xxxxxx t m minc.com Ilwaiker@beavercountypa.gov Joe Spanik Golf uting ay or questioned entry fee an changing the number of players in a team, where to send the check for thet eam, and passed on a request from the participant that the participant needed signs and wanted to participate in Spanik's next event Fri, Sept 04, 2015 9:30 mxxxxx@creativevisions.us wa er eavercount a. ov Contact List Bares advised that for them to do data collection will be an extra fee Tue, opt 08, 2015 -8-.40 AM— wa er eavercount a. ov xxxxxx creative visions.us ontact ist Walker stated she will work on, had worked on it on Wednesday, would have for Bares later that week ue, ept 08, 20 5 8:45 TM iiwalker-@beavercountypa.gov xxxxxxx i in minc.com Joe pam o uting Walker advised that she wou forward the message to Spanik ue, Sept 09,-2-0T6--ff-.3-2-AM-- x)ckxxx @thihkffiihe.com liwalker@beavercountypa.gov Joe Spanik Golf Outing Taylor advised that she had area yy spoken to Spanik and that it was ok for the participant to pick up signs. Tue, ept 08, 20 5 .38AW liwalker@beavercountypa.gov xxxxxx tin minc.com Joe Spanik Golf Outing -VVa-fFe—radvised that Span ik had told her Thu, Sept 17, 205-9:14 9:14 Airy Ilwalker eavercountypa.go v xxxxxx creative visions.us Updates Walker informed ares she would attempt to get Bares updates by the end of day tomorrow T u, ept 17, 20 5 9:33 AM kellv(a)creativ ev €sions.us wa er eavercount a, ov Updates Bares indicated she would o0 or it, thanked Walker for update and help Thu, Sept 17, 2015 10:10 AM Ilwa Ike r eavetcou ntypa.go v xxxxxx creative visions.us Updates Walker indicated Bares was welcome Fri, Sept 18, 2015 3:11 PM Ilwa Ike r eavercou ntypa.gov xxxxxx creative visions.us Contact List- JS- 8 -31 -15 .xlsx Walker documented her a ition of several emails and marked some duplicates; advised she would work on more next week Fri, Sept 18, 2015 4:13 PPI xxxxxxigcreativevisions.us wa er eavercount a, ov Contact List- JS- 8 -31 -15 .xlsx Baresthanked Wa er Wed, ept 30, 2015 12:21 PM llwalker(cbbeavercountypa.gov xxxxxx creative visions.us List Walker sent list in email that a ker and Bares had talked about that morning We d, S. e p t 3 xxxxxx creativevisions.us Ilwa Ike r eaverco u ntypa.gov List Bares noted attachment of atest list she had; references same one Walker had sent on 09/18/15 with no changes made; specified that bares cannot coliect addresses because they are not getting paid for such Wed, ept 30, 20 5 Ilwalker(a)beavercountypa.gov xxxxxx creative visions.us List Walker confirmed tats she will make updates and email them to Bares Fri, Oct 09, 2015 1:58 wa er eavercount a. ov xxxxxx creative visions.us Copy of ontact List - JS- 8 -31 -15 2.xlsx Walker noted an updated ate o 10/9115 [Email address redacted] was an email account assigned to Taylor. Sanik, 16 -018 Page 16 1. Minc is a media relations /marketing corn pany owned by Taylor which was created in the fall of 2015 as a result of Creative Visions ceasing operations. b. [Email address redacted] was the email account assigned to Kelly Bares, Graphic Designer for Creative Visions. Bares was employed with Picture This Media Group upon Creative Visions becoming non - operational. ©atelDay Time From To 5u rect Message (Summary Tue, 2015 Oct 20, 2:00PM wa er eavercount a. ov xxxxxxD_wdwfiqht.com Address Walker provided six addresses Ronczka needed; advised she still needed to find one more ue, 2015 Oct 20, 2: 8 P xxxxxx (o)wdwright.com 11walkerCafteavercountypa.gov Address Ronczka thanked Wa er an informed Walker that she may have more addresses tomorrow ue, 2015 Oct 20, llwalker@,beavercountypa.,gov xxxxxx(a)wdwright.com ress a er rep €e that Ronczka was welcome ue 2015 Oct P wa er eavercount a. ov xxxxxx w wri t.com Address Walker provided Ronczka another address ue, 2015 Oct 20, 4: P xxxxxx w wri t.com wa er -Feave(countypa.gov Address Ronczka sent thank you to Walker ue, 2015 Oct 20, 4: wa er eavercount a. ov xxxxxx w wri t.com Address -Walker replied that Ronczka was welcome Wed, 2015 ct 21, t.com wa er eavercount a. ov Addresses Needed Ronzc a provided a era list o multiple donors for which she needed addresses Wed, 2015 ct 2 llwalkerf@beavercountypa.gov xxxxxx w wri t.corn Addresses Needed Walker replied that it would take a little time but that she would get them to Ronczka asap Thu, 2015 Oct 22, 9:24 AM liwalker@beavercountypa.gov xxxxxx w wn t.com pamad ressoct2D 5. ocx Walker apo oq¢e or orgett €ng to send the email yesterday; advised she needed to t six more addresses and would get them that morning Thu, 2015 Oct 22, 9:42 AM xxxxxx w wn t.com 11walker(a)beavercountypa.gov parnaddressoct2045.clocx Ronu a thanked Wa ker an advised that she had one of the addresses Walker was to get Thu, 2015 Oct 22, 10'14AM wa e rcount a. o xx w wi t.co pama resoct . ocx a ter provided three addresses, advised she couldn't find one; and had two more to do Thu, 2015 Oct 22, 0: 8 A xxxxxx w wrr t.com _Ww_a_ke_rWb_eayercountypa.qov pamaddressoct2015.clocx Ronzcka thanked Wa er an questioned if 5panik recalled the one that Walker couldn't find Thu, Oct D: 8 wa er eavercount a. ov xxxxxx w wri t.com pama ressoct 5. ocx Walker responded that pane € not Thu, 2015 Oct 22, Ilwa Ike r eavercou ntypa.gov xxxxxx(a)wdwright.com pamaddressoct20I5.docx Walker provided an additional address Thu, 2015 Oct 22, ht.com _ffwaFe_rXUe_a_yercountvpa.qo v pamaddressoct2015.docx Ronczka thanked Walker an identified only one more address needed Thu, 2015 Oct IlwalkerAbeavercountypa.go v xxxxxxo-w-dwricifit.com pama ressoct20 5. ocx Walker state tats ewasworking- on it Spank, 16 -018 Page 17 C. [Email address redacted] was the email account utilized by Ronczka. Ronczka served as the Treasurer for Spanik's Campaign Committee. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT SPANK UTILIZED COUNTY RESOURCES FOR CAMPAIGN/RE-ELECTION EFFORTS WHEN HE UTILIZED COUNTY PERSONNEL TO NOTARIZE CAMPAIGN FINANCE REPORTS FOR HIS CANDIDATE FILINGS AS WELL AS FOR HIS CAMPAIGN COMMITTEE. 51. Spanik authorized the operation of the Campaiggn Committee (Friends for Joe Spanik) on his behalf in relation to his campaignlre- election efforts spanning the years of at least 2012 through 2015. a. Ronczka, Spanik's niece, served as the Treasurer for the Campaign Committee from 2012 through 2015. 52. Ronczka completed the required CFRs for the Campaign Committee as the Campaign Committee Treasurer. a. Ronczka signed the reports as the Campaign Committee Treasurer upon completion. b. Spanik picked up the reports at Ronczka's residence upon completion. 53. Spanik subsequently brought the Campaign Committee CFRs as well as his candidate Campaign Finance Statements Mnty Ss"o the County Courthouse to be notarized and subsequently filed with the Elections Bureau. a. From at least 2012 through 2015, Spanik's candidate CFSs consistently verified no individual receipt of, expenditure of, or liabilities incurred in excess of $250.00. Spanik's CFSs consistently identified a $0.00 cash balance at the end of each reporting period. 2. Spanik's CFSs consistently identified $0.00 in outstanding debts or liabilities at the end of each reporting period. 54. From at least 2012 through 2015, Spanik consistently presented his CFRs and CFSs to County employees and/or representatives within the County Courthouse to be notarized as detailed below: a. CFRs: Address Re OA-'r e Date Notarized Nota Spa Sin S anik Contact No. 3339 Brodhead R A t i ur a 5 01 Annua Report 0113012012 TP es 724 - 728 -3934 3339 Brodhead t J. Aliquippa, PA 15001 2'0 Fria re- nma 0411312012 TP es 724 - 728 -3934 3339 Brodhead t J. Aliquippa, PA 15001 0 Day Post -Prima 0512412012 es 7 4 2 - 39 Brodhead R t i ur a , PA 15001 2d Friday re- ection 10126/2012 TP Yes 724 - 728 -3934 3339 Brodhead t J. Aliquippa, PA 15001 30 Day Post-Election 1210612012 P es 724 - 728 -3934 3339 Brodhead t J. Aliquippa, PA 15001 2012 Annual Report 01 30 0 724-728-3934- 3339 Brodhead t J. Allquip—p—aTA-700T- Friday Pre -Puma 05 09 2013 TP Yes 724-770-4402-- 3339 Brodhead Rd PA 1500 3 0 ay Post-Primary TP es 724 - 770 -4402 3339 Brodhead PA 1500 2" Fria Pre -Election es 724 - 770 -4402 Spank, 16 -018 Page 18 Address ReportType Date Notarized Notary I S an€k Sin S anikContactNo. 3339 Brodhead 3339 Brodhead Rd, Aliquippa, P 5001 30 Da Past- ection 12/04/2013 TP es 724 -77 -44 Yes 724 - 728 -3934 3339 Brodhead t J. Aliquippa _PWI5 -2013 Annual Raport 0113112014 P es 724 - 770 -4402 4 20 2 es 724-728-3934 3339 Brodhead Rd, Apt J. Aliquippa, A 15001 21a Fridav re rima 05 09 20 4 es 7 4 -77 402 15001 30 Day Post-Primary 05124/2012 Yes 724- 728 -3934 Golfway Or. Aliquippa, PA 15001 30 DayPost-Primai7y 0611912014 SH Yes 724 - 770 -4402 Aliquippa, 2n'-Friday Pre - Election 1012612012 Yes 724 -728 -3934 2( liguippa, PA 15001 Friday re- notion 1012412014 SH Yes 724-770-4402 Rd, Apt J. Ali ui a PA 15001 30 Day Post-Election 2 TP Yes 724-728-3934 Golfway Dr. Aliquippa, PA 15001 30 Day Post-Election 12103 2014 D Yes 724-770-4407-- 3339 Bro ea Rd, Apt J. Aliquip a P 15001 2012 Annual Report 01130/2013 TP Yes 2009 Golf;Wa-v or. Aliq u ippa, PA T6-M1 Annual Re ort 0210212015 es 724- 770 -4402 3339 BrodFead t J, Aliquippa, Friday Pre -Prima 05109/2013 Golfway Yes Rd. Aliquippa, PA 95001 2nO Friday re -Pr €ma 0510712015 TP Yes 724-770-4402 3339 Brodhead Rd, Apt J. Aliqui a, PA 2009 Golfway 30 Day Post-Prirn5 € ui a PA 15001 30 Day Post -Puma 06/18/2015 P Yes 724 - 770 -4402 3339 Brodhead Rd, Apt J. 2009 Golfway a PA 1500 Rd. Aliquippa. PA 150 0 Friday re notion 1012312015 SH es 7 -770-4402 3339 Broahead Golfway Aliquippa, Rd. Aliquippa, PA 15001 30 Day Post-Election-, 12102/2015 , SH I Ves, 724 - 770 -440 KEY: TP = Tracey Patton (County Chief Clerk/Administrative AssistantlConfidential Secretary) EC = Esther Cullen (Count Deputy Prothonotary) SH = Stacey Householder {County Solicitor's Office, Paralegal) KID = Karen Duncan (County Deputy Prothonotary) RS = Randy Simmons (Vanport Township Notary Public) All dates on which Spanik's Campaign Committee CFRs were notarized were regular workdays for County employees/ representatives. 2. Spanik signed all 20 CFRs presented to be notarized. 3. Although licensed notaries, neither Patton nor Householder provide notary services to the general public. b. CFSs: Address Re on T e Date Notarized Nota San €k Si n S anik Contact No. 3339 Brodhead t € ui a 5 2011 nnua€ e ort 09/30/2012 TP Yes 724 - 728 -3934 39 Brodhead Rd, Apt J. Aliquippa, P 1500 2"0 Friday Pre-Primary 4 20 2 es 724-728-3934 3339 Brodhead PA 15001 30 Day Post-Primary 05124/2012 Yes 724- 728 -3934 3339 BroaFeaa t J. Aliquippa, 2n'-Friday Pre - Election 1012612012 Yes 724 -728 -3934 3339 Brodhead Rd, Apt J. Ali ui a PA 15001 30 Day Post-Election 2 TP Yes 724-728-3934 3339 Bro ea Rd, Apt J. Aliquip a P 15001 2012 Annual Report 01130/2013 TP Yes 724- 728 -3934 3339 BrodFead t J, Aliquippa, Friday Pre -Prima 05109/2013 TP Yes 724 - 770 -4402 3339 Brodhead Rd, Apt J. Aliqui a, PA 15001 30 Day Post-Prirn5 es 7 -77 -4402-- 3339 Brodhead Rd, Apt J. i u€ a PA 1500 2" Friday Pre-Election 10/24/2013 TP Yes 724 - 770 -4402 3339 Broahead t J. Aliquippa, 0 Day Post-Election 12/04/2013 TP Yes 724 - 770 -4402 339 Brodhead Rd, Apt J. Aliqui q, PA 15001 2013 Annual Repoff-- 4 es 7 -77 - 3339 Brodhead Rd, Apt J. AliquipPa, PA 15001 2" ary 009/2014 SH Yes 724 -770 -4402 2009 o a r. Aliquippa, Day Post -Pr€ma 06119/2014 es 724 - 770 -4402 2009 Golfway Dr. Aliquippa, PA 15001 2" r€ a re- ect€on 0 4 es 24--770-4402 o a Dr. Aliquippa, PA 15001 30 Day Post-Election 0 0 4 es 724-770-4402 2009 Golfway r. Aliquippa, PA 15001 2014 Annual Re ort 02/02/2015 Yes 724 - 770 -4402 2009 o a W. Aliquippa, PA 15001 Friday Pre -Prima 05/07/2015 TP es 724 - 770 -4402 S anik, 16 -018 Page 19 Address Report Type Date Notarized Nota anik i n Spanik Contact No. 20 9 o a R Aliquippa-, 5 30 a Post -Prima 061 4 5 TP Yes 724 - 770 -4402 2009 o a Aliquippa, A 5001 2° Friday re- ect on 1012312015 es 724-770-4402 o a Aliquippa, PA 500 a Post- edion 12102/2015 es 724 - 770 -4402 KEY TP = Tracey Patton (County Chief Clerk/Administrative Assistant/Confidential Secretary) EC = Esther Cullen (Count Deputy Prothonotary) SH = Stacey Householder County Solicitor's Office, Paralegal) KD = Karen Duncan (Coup y Deputy Prothonotary) All dates on which Spanik's [CFSs] were notarized were regular workdays for County employees /representatives. 2. Spanik signed all 20 CFSs presented to be notarized. 3. Although licensed notaries, neither Patton nor Householder provide notary services to the general public. 55. Fees which may be charged by licensed notaries within the Commonwealth of Pennsylvania are detailed under a Pennsylvania Notary Public Fee Schedule. a. The fee schedule identifies fees which may be charged for various notary services including, but not limited to, fees for executing affidavits. The current fee schedule for executing affidavits (regardless of the number of signatures) is $5.00. 56. Spanik utilized County employees and/or representatives to notarize a minimum of eighteen of his Campaign Committee CFRs as well as eighteen of his candidate CFSs during the time frame of January 2012 through December 2015, which resulted in a financial gain to Spanik in the approximate amount of $180.00. a. The value of the free notary services Spanik received was approximately $180.00 ($5.00 fee multiplied by 36 documents equals $180.00). b. Spanik was not charged a fee by the County employees/representatives for the notary services. 57. Spanik maintained a campaign account with West Aircomm Federal Credit Union in the name of Friends For Joe Spanik in association with campaign donations, expenses, etc. a. Spanik and Ronczka were the only authorized signatories on the account. b. Checks written on the account required the signatures of both Spanik and Ronczka. 58. Spanik maintained custody over the account and the checkbooks /blank checks associated with the account. a. Ronczka routinely signed a book of blank checks which Spanik maintained for distribution at his discretion. Ronczka signed additional books of blank checks for Spanik as Spanik's supply of pre - signed checks ran low. b. Spanik personally wrote the checks to be issued from his campaign account for campaign- related expenses, donations to entities, etc. S aL 16 -018 Page 20 59. Included among checks written and issued by Spanik for campaign expenses were checks payable to Walker for services Walker provided related to campaign /fundraising events (e.g. dinners, golf outings) throughout the applicable year which were labeledlidentified as "campaign work.' a. Spanik also issued Walker payment at times in cash for events at which she provided services. The amount of cash payments Walker received could not be identified. b. The payments for Walker's participation in the campaignlfundraising events routinely occurred contemporaneous to Walker's birthday and/or Christmas. 60. Spanik's CFRs document payments received by Walker from Spanik's Campaign Committee account spanning the years 2012 through 2015 as follows: Check Number Check Date Check Amount CFR Description 155 12/16/2012 00.00 am ai n Work 260 07101/2013 $200.0 am ai n rIk 359 1211612013 100.00 am ai n of 1593 1211912014 $150.00 Campaign Expense. 867 12/0912015 Campaign Expenses TOTAL $1,05U.00 Checks identified do not include reimbursement checks issued to Walker for Walker's personal purchase of campaign - related materials, etc. 61. From 2011 through 2015 Walker performed secretarial services relating to campaign/fundraising activitieslefforts for Spanik on multiple occasions annually while in the County Commissioners Office and/or on County time via use of County resources including, but not limited to, the following: a. Fielding campaign - related telephone calls while on County time; 1. Spanik provided his and/or Walker's County Commissioners Office landline telephone extensions as contact points to various vendors /businesses. b. Assisting businesses and /or Spanik's Campaign Committee with contact lists, addresses, event planning, etc., while on County time; C. Saving documents, literature, etc., to the County network via Walker's County computer while on County time; d. Utilizing the County email system to forward campaign/fundraising emails, documents, literature, etc., from her County email address to Spanik's County email address and/or to Spanik's Campaign Committee address while on County time; e. Utilizing her County- assigned desktop computer to generate campaign/fundraising-related documents, literature, etc., while on County time; and f. Utilizing a County printer in the County Commissioners Office to print various campaign /fundraising- related documents, literature, emails, etc., while on County time and presenting such items to Spanik. 62. Walker's hourly rate as a County employee during the years she was completing campaign - related matters for Spanik was as follows: Spank, 16 -018 Page 21 2011: $20.34 2012: $20.34 2013: $24.09 2014: $24.82 2015: $25.56 63. Walker utilized a minimum of approximately seventeen and one -third hours of County time spanning the time frame of June 2011 through August 2015 duringg which she performed campaign/fundraising-related secretarial services for Spanik valued at a minimum of $415.63. a. Campaignlfundraising- related documents present in Walker's network files documented total edit times as detailed below: Title Numberof Revisions Total Edit Time mutes Aver a a Edit ime mutes Minimum Revisions Count Time Assessed Minutes * 2011-2015 11.35 2011townchairs 2 67 33.5 1 34 Dear Friends and Supporters 1 31 31 1 31 Hole1 1 16 16 1 16 Documentl 0 0 0 0 0 2010 COMMITTEE LIST 6 39 6.5 1 7 new list 2 128 64 2 128 September 11 S anik 1 43 43 1 43 aoeAune12 24 324 13.5 24 324 mark Elder 1 40 40 1 40 Golflabols2013 2 70 35 2 70 HOLE 7 274 39 3 117 GOLF RULES2008 8 55 7 3 21 CHARLIE 1 0 0 0 0 number 2 1 24 24 1 24 number 1 3 18 6 3 18 TAJ S 4 10 2.5 4 10 Golf Committee.2007doc 16 156 9.75 4 39 Golf Committee.2015doc 2 1 0.5 2 1 Golfcommitteelabels2013 2 1 0.5 2 1 Golf Committee 0 0 0 0 0 gofteeting 1 40 40 1 40 Joe S anik is serving... 1 21 21 1 1 21 'oelist72815 3 55 18.33 3 55 Total 1,040 * Average edit time rounded to nearest minute for County time assessed. 1. Minimum revisions during the 2011 --2015 time period were determined by identifying the creation date in comparison with the modification date. aa. Minimum revisions for documents with creation dates pre - dating 2011 were assigned a revision number of one per year from the last modification date dating back to 2012. b. Total edit times per year carried a minimum value as detailed below: Year Time (minutes )A Time hours Walker's Hourly Wage Financial Value- 11.35 $20,34 7.46 Spank, 16 -018 Page 22 'Rounded to nearest minute 'Rounded to nearest tenth Rounded to nearest cent 111. DISCUSSION; As a County Commissioner for Beaver County ( "County "), Pennsylvania, from January 5, 2004, to January 3, 2016, Respondent Joseph G, Spanik, hereinafter also referred to as "Respondent," "Respondent Spanik," and "Spanik," was 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 as follows: A violation of Section 1103(a) of the Ethics Act occurred when Spanik, pursuant to the authority of his office, utilized property and resources belonging to Beaver County for private pecuniary enefit, including but not limited to: use of County employee(s), material(s), equipment, and/or office space, for political (non - governmental) purposes, in urtherance of political fundraising events associated with his re- election bids; 2. A violation of Section 1105(b)(3) of the Ethics Act occurred when Spanik failed to complete/disclose any direct or indirect interest in any real estate which was sold or leased to the Commonwealth, any of its agencies or political subdivisions or purchased or leased from the Commonwealth, any of its agencies or political subdivisions or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions, upon Statements of Financial Interests filed for the 2011 and 2012 calendar years; 3. A violation of Section 1105(b)(5) of the Ethics Act occurred when Spanik failed to complete/disclose the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more, to wit income received from Beaver County, upon a Statement of Financial Interests filed for the 2015 calendar year; 4. A violation of Section 1105(a) of the Ethics Act occurred when Spanik failed to complete /disclose to the best of his knowledge, information and belief, all requisite information upon Statements of Financial Interests filed for the 2011, 2012, and /or 2015 calendar year(s); and 5. A violation of Section 1104(4) of the Ethics Act occurred when Spanik undertook the oath of office andlor entered /continued upon his duties, and continued to receive compensation from public funds, at a time when he did not maintain an accurate /complete Statement of Financial Interests as required by the Ethics Act. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to opt to not pursue (that is, nol pros ) the alleged violations of Sections 1104(d), 1105(a), 1105(b)(3), and 1105(b)(5) of the Ethics Act. Based upon the nol pros, we need not address those allegations tthat are no longer before us. 2012 56 0.93 $20.94 $19.47 201 557 9.28 $24.09 $223.56 4 190 3.17 4. $78.68 2015 156 2.6 $25.56 $66.46 Total 1,040 7.3 415.63 'Rounded to nearest minute 'Rounded to nearest tenth Rounded to nearest cent 111. DISCUSSION; As a County Commissioner for Beaver County ( "County "), Pennsylvania, from January 5, 2004, to January 3, 2016, Respondent Joseph G, Spanik, hereinafter also referred to as "Respondent," "Respondent Spanik," and "Spanik," was 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 as follows: A violation of Section 1103(a) of the Ethics Act occurred when Spanik, pursuant to the authority of his office, utilized property and resources belonging to Beaver County for private pecuniary enefit, including but not limited to: use of County employee(s), material(s), equipment, and/or office space, for political (non - governmental) purposes, in urtherance of political fundraising events associated with his re- election bids; 2. A violation of Section 1105(b)(3) of the Ethics Act occurred when Spanik failed to complete/disclose any direct or indirect interest in any real estate which was sold or leased to the Commonwealth, any of its agencies or political subdivisions or purchased or leased from the Commonwealth, any of its agencies or political subdivisions or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions, upon Statements of Financial Interests filed for the 2011 and 2012 calendar years; 3. A violation of Section 1105(b)(5) of the Ethics Act occurred when Spanik failed to complete/disclose the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more, to wit income received from Beaver County, upon a Statement of Financial Interests filed for the 2015 calendar year; 4. A violation of Section 1105(a) of the Ethics Act occurred when Spanik failed to complete /disclose to the best of his knowledge, information and belief, all requisite information upon Statements of Financial Interests filed for the 2011, 2012, and /or 2015 calendar year(s); and 5. A violation of Section 1104(4) of the Ethics Act occurred when Spanik undertook the oath of office andlor entered /continued upon his duties, and continued to receive compensation from public funds, at a time when he did not maintain an accurate /complete Statement of Financial Interests as required by the Ethics Act. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to opt to not pursue (that is, nol pros ) the alleged violations of Sections 1104(d), 1105(a), 1105(b)(3), and 1105(b)(5) of the Ethics Act. Based upon the nol pros, we need not address those allegations tthat are no longer before us. Spanik, 16 -018 Page 23 Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: §1103. Restricted activities (a) Conflict of interest. --No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private 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. 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. Spanik served as a County Commissioner ( "Commissioner ") from January 5, 2004, to January 3, 2016. Spanik was re- elected as a Commissioner in 2007 and 2011. Spanik ran for re- election in 2015, but he was defeated in the November 2015 general election. The County is governed by a three - Member Board of Commissioners. The County Commissioners Office ( "Commissioners Office ") is located on the first floor of the County Courthouse. The Commissioners Office is composed, in pertinent part, of a communal open area and separate private offices for each of the three Commissioners. Work stations for individuals employed in the position of administrative assistant/confidential secretary are situated at various locations in the communal open area. Each administrative assistant/confidential secretary working in the Commissioners Office is assigned an individual telephone /extension, a desktop computer, internet access, a County email address, and access to the County IT network system ( "County Network "). Three administrative assistant/confidential secretary positions existed concurrently within the Commissioners Office during Spanik's tenure as a Commissioner. Each administrative assistant/confidential secretary served as a general administrative assistant for the Commissioners Office as well as a confidential secretary for one of the three Spank, 16 -018 Page 24 Commissioners. Lisa Walker ("Walker ") served as Spanik's administrative assistant/confidential secretary throughout his tenure as a Commissioner. From 2011 through 2015, Walker was assigned or had access to a County landline telephone, a County email address, at least two separate desktop computers, and a private file on the County Network. Shortly after Spanik took office as a Commissioner, he began using Walker to assist with his campaigns for re- election. Spanik requested Walker's assistance while in the County Courthouse. As Spanik's administrative assistant/confidential secretary, Walker felt obligated to assist Spanik with his campaign/re-election efforts. Spanik's re- election as a Commissioner provided "job security" for Walker as newly - elected Commissioners were not obligated to retain the existing administrative assistants /confidential secretaries in the County Commissioners Office upon taking office. From at least February 2007 through December 2015, Spanik utilized the services of a campaign committee, "Friends for Joe Spanik" (the "Campaign Committee "), to support his political campaign efforts. The Campaign Committee was composed of a group of individuals, including Walker, who participated in Spanik's campaign/re-election efforts. In 2009, Walker began serving as the Secretary for the Campaign Committee. Walker's services to the Campaign Committee included, but were not limited to, generating letters, mailing letters, making telephone calls, sending and receiving emails and text messages, working at fundraising events, tracking fundraising event information, and the like. Walker provided her personal cellular telephone number and personal email address to members of the Campaign Committee as contact points. Spanik provided Walker with his personal laptop computer for her to use in the performance of campaign /fundraising- related work. Walker utilized Spanik's personal laptop computer for campaign/fundraising purposes both at her home and at the County Commissioners Office. Walker provided Spanik with work completed on his personal laptop computer via various mediums, including email and portable USB drive. Between 2011 and 2015, Walker performed campaignlfundraising activities for Spanik using County resources on County time. Walker emailed campaign/fundraising- related information from Spanik's personal laptop omputer to her County email address for Spanik to review. Even though Walker had informed various individuals associated with Spanik's campaignlfundraising efforts to utilize her personal Yahoo email account, she received campaign/fundraising-related emails at her County email address from outside sources. Walker routinely opened campai nlfundraisinQ emails on her County computer during regular County work hours. Walker forwarded various cam paignlfundraising emails to Spanik's County email address or printed them on the County printer for Spanik to review. Walker forwarded a significant number of campaignlfundraising emails received at her County email address from outside sources to her personal email address or the email address for the Campaign Committee. The total number of campaign/fundraising emails that Walker received, forwarded, or printed via use of County resources and the amount of County time used in relation to such emails could not be determined. During her County work hours, Walker used County telephones to receive and make calls related to Spanik's re- election campaign. Walker received campaign/fundraising- related calls on her personal cellular telephone as well as her County landline telephone while in the County Commissioners Office. Walker routinely informed the callers of her need to return the call while on her break or lunch period or provided the callers with contact information of another Campaign Committee member. Walker saved multiple documents relating to Spanik's campaignlfundraising efforts to her private file on the County Network between 2011 and 2015. At times, Walker generated or modified campaignlfundraising related documents while in the County Commissioners Office and saved them to the County Network. Walker typically completed these campaign/fundraising-related tasks while on her lunch or break periods, and she primarily used Spanik's personal laptop computer in a vacant office within the County Spanik_, 16 -018 Page 25 Commissioners Office. From July 2011 through August 2015, a minimum of twenty -three campaignlfundraising documents were saved to the County Network. At times, Spanik directed Walker to generate campaign /fundraising- related documents during her regular work hours in the County Commissioners Office. Walker prepared various campaignlfundraising - related documents at Spanik's direction via use of County resources, including computers. In 2015, Spanik purchased and maintained a cellular telephone ( "Campaign Cell Phone ") in association with his campaign/fundraising efforts. Spanik ` laced a voice mail message on his County - issued cellular telephone ( "County Cell Phone ) advising callers to contact a separate number if the reason for the call to Spanik was campaign- related. Spanik continued to use his County landline and County Cell Phone numbers as points of contact after purchasing the Campaign Cell Phone. Spanik or the Campaign Committee routinely sponsored or scheduled at least one major fundraising dinner event or golf outing per calendar year. The organization of golf outings was accomplished with the assistance of a Golf Committee that primarily consisted of a small group of individuals involved with the Campaign Committee. In 2014, Spanik utilized Walker's direct dial County telephone number in the County Commissioners Office as a point of contact for Golf Committee members to indicate whether they would be attending a meeting of the Golf Committee. During the time frame of July 2011 through December 2015, Spanik or the Campaign Committee sponsored a minimum of five separate fundraisers for Spanik's campaign efforts. Spanik primarily arranged the scheduling of these events, and the telephone number for his County Cell Phone was utilized as a point of contact for the scheduling or booking of some of these events. Spanik's County Cell Phone number was on file with the Beaver County Country Club as a contact number for Spanik for golf outings in 2012 and 2015. Spanik's County Cell Phone number and his County email address were initially on file as points of contact for Spanik with regard to a dinner event at the Seven Oaks Country Club in 2013. Spanik's County Cell Phone number was also on file with The Fez as a contact number for Spanik for a dinner event in 2015. In 2015, Spanik utilized Creative Visions Media Services ( "Creative Visions ")) a marketing /strategic planning company, to manage his 2015 golf outing fundraiser and develop, organize, and manage campaign postcard mailings for the primary election. Upon contracting with Creative Visions in 2015, Spanik informed Amy Taylor ( "Taylor ") of Creative Visions that separation was required between his re- election efforts and his position as a Commissioner. Creative Visions had Spanik's and Walker's County contact information, including telephone numbers and email addresses, as a result of the initial meeting between Spanik and Taylor. Spanik provided Creative Visions with his personal cell phone number and the Campaign Committee email address as contact points for campaignlfundraising -- related matters, and he advised Creative Visions representatives to avoid utilizing his County contact points for campaign - related issues. Although provided with personal or non - County related contact points, Creative Visions utilized Spanik's County contact points for issues requiring immediate attention, such as if a proof nearing a print deadline required approval. Spanik also retained Picture This Media Group to provide graphic design services for the layout and design of a campaign mailer and voter letter regarding the 2015 general election. A minimum of thirty -six email transmissions related to campaign /fundraising events occurred between Walker s County email account and email accounts for representatives of Creative Visions, Picture This Media Group, or the Campaign Committee. The parties have stipulated that during the time frame of June 2011 through August 2015, Walker utilized a minimum of approximately seventeen and one -third hours of County time to perform campaignlfundraising - related secretarial services for Spanik that were valued at a minimum of $415.63. See, Fact Findings 62, 63. Si 'kk, 16 -018 Page 26 From 2012 through 2015, Pamela Ronczka ( "Ronczka ") served as the Treasurer for the Campaign Committee, in which capacity she completed the required Campaign Finance Reports ( "CFRs ") for the Campaign Committee. Spanik took the Campaign Committee CFRs completed by Ronczka and his candidate Campaign Finance Statements ( "CFSs ") to the County Courthouse to be notarized and filed with the County Elections Bureau. From January 2012 through December 2015, Spanik utilized County employees or representatives within the County Courthouse to notarize a minimum of eighteen of the Campaign Committee CFRs and eighteen of his candidate CFSs. The County employees and representatives did not charge Spanik a fee for their notary services. Under the Pennsylvania Notary Public Fee Schedule, the fee that a licensed notary may charge for executing an affidavit is currently $5.00. The parties have stipulated that the value of the free notary services received by Spanik was approximately $180.00, based upon a fee of $5.00 for each CFR and CFS notarized. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. [T he Investigative Division will recommend the following in reflation to the above allegations: That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Spanik utilized the authority of his public position /office to facilitate and advance his re- election campaign efforts, by utilizing County provided personnel, equipment, time, and resources. The Investigative Division has conducted a comprehensive investigation and review of the allegations [under Sections 1104(d), 1105(a , 110'5(b)(3), and 1105(b)(5) of the E #hies Act . After said investigation and review, the Investigative Division has elected to not pursue the remainingg allegations. The Investigative Division and Respondent have agreed to submit the instant Consent Agreement and Stipulation of Findings in settlement of the matter. 4. In full and final settlement of the alleged violations, Spanik agrees to make payment in the amount of $1,000.00 (the "Settlement Amount) as provided in the following paragraphs: $750.00 payable to Beaver County and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of issuance of the final adjudication in this matter representing payment of the violations contained in paragraph 3 of this Consent Agreement. b. $250.00 payable to the Pennsylvania State Ethics Commission and forwarded to the same within thirty (30)) days of the issuance of the final adjudication in this matter representing a portion Spanik, 16 -018 aP ge 27 of the costs incurred by the Commission in the investigation and enforcement of this matter. 5. As part of the negotiated Consent Agreement, and in conjunction with paragraph 3(b) above, Spanik agrees to file complete and accurate amended Statements of Financial Interests with the County of Beaver through the Pennsylvania State Ethics Commission, for the 2011, 2012, and 2015 calendar years within thirty (30) days of the issuance of the final adjudication in this matter. 6. Spanik agrees to not accept any reimbursement, compensation or other payment from the County of Beaver representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. The Investigative Division shall recommend that the State Ethics Commission take no further action in this matter; and shall 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 Respondents 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 2 -3. In considering the Consent Agreement, we accept the parties' recommendation fora finding that a violation of Section 1103(a) of the Ethics Act occurred when Spanik utilized the authority of his public position /office to facilitate and advance his re- election campaign efforts, by utilizing County - provided personnel, equipment, time, and resources. Spanik used the authority of his public position as a Commissioner when he used Walker, his administrative assistant/confidential secretary in the Commissioners Office, and other County resources to assist with his re- election campaigns. Between 2011 and 2015, Walker performed various campaign/fundraising activities for Spanik using County resources and County time, including but not limited to: (1) emailing campaignlfundraising- related information to her County email address for Spanik to review; (2) receiving campaign/fundraising-related emails at her County email address from outside sources and forwarding various campaignlfundraising emails to Spanik's County email address or printing them on the County printer for Spanik to review; (3) using County telephones to receive and make calls related to Spanik s re- election campaign during her County work hours; and (4) saving multiple documents relating to Spanik's campaignlfundraising efforts to her private file on the Count Network. At times, Spanik directed Walker to generate campaign/fundraising-related documents during her regular County work hours. Walker prepared various campaignlfundraising - related documents at Spanik's direction via use of County resources, including computers. In addition to using Walker's secretarial services, Spanik used his County landline telephone and County Cell Phone numbers and his County email address as points of contact for various fundraising events. The parties have stipulated that during the time frame of June 2011 through August 2015, Walker utilized a minimum of approximately seventeen and one -third hours of County time to perform campaign/fundraising-related secretarial services for Spanik that were valued at a minimum of $415.63. From January 2012 through December 2015, Spanik utilized County employees or representatives to notarize a minimum of eighteen Campaign Committee CFRs and eighteen of his candidate CFSs at no charge. The parties have stipulated that the value of the free notary services received by Spanik was approximately $180.00. Spanik, 16 -018 Page 28 Although the Stipulated Findings do not quantify the total amount of the private pecuniary benefit realized by Spanik as a result of using County personnel and resources in connection with his re- election campaigns, based upon the Consent Agreement, it appears that the parties are in agreement that such private pecuniary benefit was greater than de minimis. 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 Spanik utilized the authority of his public position /office to facilitate and advance his re- election campaign efforts, by utilizing County - provided personnel, equipment, time, and resources. As part of the Consent Agreement, Spanik has agreed to make payment in the total amount of $1,000.00 in settlement of this matter as follows. Spanik has agreed to make payment in the amount of $750.00 payable to Beaver County and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Spanik has agreed to make payment of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment to be forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Spanik has further agreed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. Finally, Spanik has agreed to file complete and accurate amended SFIs for calendar years 2011, 2012, and 2015 with the County, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We agree that the aforesaid recommendations are appropriate, including the recommendation that Spanik file complete and accurate amended SFIs for calendar years 2011, 2012, and 2015, notwithstanding the nol pros as to the Section 1105(a) and Section 1105(b) allegations. Accordingly, per the Consent Agreement of the parties, Spanik is directed to make payment in the amount of $750.00 payable to Beaver County and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Spanik is directed to make payment in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Spanik is directed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Spanik is directed to file complete and accurate amended SFIs for the 2011, 2012, and 2015 calendar years with the County, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV, CONCLUSIONS OF LAW. 1. As a County Commissioner for Beaver County ( "County "), Pennsylvania, from January 5, 2004, to January 3, 2016, Respondent Joseph G. Spanik ( Spanik ") was Spa _MJkk, 16 -018 Page 29 a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa. C.S. § 1101 et seq. Spanik violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he utilized the authority of his public position /office to facilitate and advance his re- election campaign efforts, by utilizing County - provided personnel, equipment, time, and resources. In Re: Joseph G. Spanik, Respondent File Docket: 16 -018 Date Decided: 9127117 Date Mailed: 9129117 ORDER NO. 1719 1. Asa County Commissioner for Beaver County ( "County "), Pennsylvania, Joseph G. Spanik ( "Spanik ") violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), when he utilized the authority of his public positionloffice to facilitate and advance his re- election campaign efforts, by utilizing County - provided personnel, equipment, time, and resources. 2. Per the Consent Agreement of the parties, Spanik is directed to make ayment in the amount of $750.00 payable to Beaver County and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 3. Per the Consent Agreement of the parties, Spanik is directed to make payment in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 4. Per the Consent Agreement of the parties, Spanik is directed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. To the extent he has not already done so, Spanik is directed to file complete and accurate amended Statements of Financial Interests for the 2011, 2012, and 2015 calendar years with the County, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. 6. Compliance with paragraphs 2, 3, 4, and 5 of this Order will result in the closing of this case with no further action by this Commission. a. Noncompliance will result in the institution of an order enforcement action. BY THE C MMIS O MarkwR. Corrigar(, Vice-Chair Chair Nicholas A. Colafella did not participate in this matter.