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HomeMy WebLinkAbout1723 ClausenPHONE: 717 -783 -1610 TOLL FREE: 1- 800- 932 -0936 In Re: Larry D. Clausen, Jr., Respondent L. STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120 -0400 File Docket: X -ref: Date Decided Date Mailed: FACSIMILE: 717- 787 -0806 WEBSITE: www.ethics.pa.goy 16 -015 Order No. 1723 11/28/17 1214117 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Maria Feeley Melanie DePalma Monique Myatt Galloway Michael A. Schwartz 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 for consideration. The Stipulated Findings are set forth as the Findings In this Order. The Consent Agreement has been approved. ALLEGATIONS: That Larry Clausen, a [public official] in his ca acity as a Member of the Board of Directors of the Berwick Area School District, violated [pSections 1103(a) and 1105(b)(8)] of the State Ethics Act (Act 93 of 1998) when he utilize authority of his public office for the pecuniary benefit of himself and/or a business with which he is associated, namely Eastern Penn Supply Company ( "EPSCO "), when he participated in discussions of the Board and subsequently voted to award a contract and/or subcontracts to various vendors on school district projects at a time when he knew and /or had a reasonable certainty that EPSCO would be utilized as a subcontractor and/or supplier /vendor to those projects; and when he failed to identify EPSCO as an "office, directorship, or employment In any business" on 2014 and 2015 calendar year Statements of Financial Interests filed with the District. II, FINDINGS: Larry Clausen is currently a Member of the Board of School Directors for the Berwick Area School District ( "BASD "), and has served as such since December 2, 2015. The Berwick Area School Board ( "BASB ") consists of nine (9) Members. Clausen ' Jr' 16 -015 Page b. The day -to -day operations of the BASD are managed by the Superintendent, with administrators reporting directly to the Superintendent. 2. Clausen has been employed by Eastern Penn Supply Company ( "EPSCO ") in various capacities since approximately December 4, 1987. a. As an EPSCO employee, Clausen has held positions including Assistant Accounts Payable Clerk (1987- 1992); Inside Sales (19911997); Berwick Outside Sales (1997- 2004); Berwick Branch Manager (2004 - 2014); and most recently Mechanical Sales /Commercial Bid Manager since 2014. 3. EPSCO sells plumbing, heating, pumps, electrical and industrial supplies with branch locations in Allentown, Athens, Berwick, Montandon, Scranton, Stroudsburg, Tunkhannock, White Mills, and Wilkes - Barre. 4. At all times relevant to the investigation, Clausen was employed by EPSCO as the Commercial Bid Manager assigned to EPSCO's Berwick location, 7612 Columbia Boulevard, Berwick, PA 18603. a. As Commercial Bid Manager, Clausen's general job duties include supervising approximately five (5) employees, bidding materials, post sales follow -up with contractors on commercial projects, and providing any needed consultations as to the proper installation of materials sold by EPSCO. b. Clausen's compensation with EPSCO is comprised of a base salary plus commission. 5. Angelo Spezialetti owns and operates Spezialetti Construction, 1019 East Front Street, Berwick, PA 18603. a. Spezialetti Construction has been in business for approximately the past forty -six (46) years. b. Spezialetti Construction provides general contracting services currently employing three (3) to four (4) people. 1. For larger projects, Spezialetti Construction utilizes subcontractors. 6. Spezialetti Construction has purchased plumbing and heating supplies from EPSCO since at least 2013. a. Clausen was the Sales Representative of record for the Spezialetti Construction account until approximately October 2013, at which time it was converted to a "house account." 7. EPSCO also maintained an ongoing business relationship with the BASD since at least the 2010 -2011 school year. a. The nature of the business relationship focused on the sale of plumbing and heating materials on an as- needed basis to the BASD. b. Clausen was EPSCO's salesman of record for the BASD account until approximately February 19, 2016, at which time it was converted to a "house account." Clausen designated the BASD account as a "house account" two 2) months after becoming a Member of the BASB (December 2, 2015). Clausen ` Jr.— , 16 -015 Page 8. On January 13, 2014, the BASB voted to purchase the North Berwick baseball field for the sum of $225,000.00. a. The purchase occurred almost two (2) years prior to Clausen becoming a Member of the BASB on December 22, 2015. b. At the time of the purchase, the property was in need of repairs and improvements prior to BASD use. C. Renovationslimprovements planned.by the BASD were to replace the field surface with a synthetic turf, construct a new concession stand/press box with restroom facilities, and possibly install field lighting. 9. Due to the anticipated cost, the project was divided into three (3) pphases, all of which would be under the supervision of James Geffken, the B D's Director of Buildings and Grounds. a. Phase I: Installation of a synthetic field surface and fencing. b. Phase II: Construction of a concession stand/press box with restroom facilities. C. Phase III: Installation of lights for night play. 1. As of the date of the Investigative Complaint/Findings Report in this matter (July 13, 2017), Phase III had yet to occur. 2014: Phase 10. On September 3, 2014, Clausen attended a pre -bid meeting for Phase I of the project. a. At the time of the pre -bid meeting, Clausen was not yet a Member of the BASB. b. Representatives from five (5) different companies were present, one of which was Clausen. C. District records reflect Clausen was in attendance representing his employer, EPSCO. d. Buildings and Grounds Director James Geffken and Athletic Director Frank Sheptock were the BASD representatives listed as being present. e. Also present was Hugh Cadzow of ELA Sports, Lititz, PA, who was the project design engineer involved in the design of the field portion of the project. 11. Clausen attended this and subsequent pre -bid meetings in an effort to secure business for EPSCO. a. EPSCO did not sell any material for Phase I of the project. 2015: Phase II 12. Phase II of the project consisted of construction of a press box, concession stand, and restroom facilities. Clausen Jr., 16 -015 Page 13. BASD Superintendent Wayne Brookhart estimated that Phase 11 of the project could be completed for approximately $300,000.00. a. Priorto calculating his estimate, Brookhart did notconsultwith any architects or design engineers. b. Brookhart based his estimate on a similar pproject completed in Middleburg, Pennsylvania, which cost approximately $500,000.00. C. Brookhart shared his $300,000.00 budget estimate with the BASB in early 2015 during the budgeting /planning stages for Phase II. 14. Phase 11 of the project was initiated by a ... Request for Proposals for the design portion of Phase 11, which [proposals] were to be submitted to Buildings & Grounds Director ,lames Geffken by April 16, 2015. a. Phase 11 design services in general terms consisted of the design of a multi- purpose building including restroom, press box and concession stand facilities. 15. On April 10, 2015, Robert Lack, owner of RAL Architecture & Design, 230 Market Street, Lewisburg, Pennsylvania, submitted a proposal to perform Phase 11 design work. a. Lack completed a proposed improvement estimate for Phase II of the project in the amount of $481,750.00. 1. Of the total estimated by Lack, $372,000.00 was dedicated to construct a new concession building, the focal point of the project. 2. The remaining estimated cost related to demolition, fence installation, and parking lot improvement. 3. The projected construction schedule called for construction to begin in July 2015 and be completed by September or October 2015. 2015: Phase 11 continued 16. On May 12, 2015, the BASD forwarded correspondence to Robert Lack /RAL Architecture & Design, informing him that he was awarded the bid for Phase II design work. a. RAL Architecture & Design was approved by the BASE during the May 11, 2015, BASB meeting. b. RAL's Phase II design work was subject to input by BASD Superintendent Wayne Brookhart, and Buildings and Grounds Director, James Geffken. 1. Geffken was responsible for overseeing completion of the project. 17. In calendar year 2015, Clausen was a candidate for a position on the BASB and won the primary election held on May 19, 2015. a. Six (6) candidates were running for five (5) Board positions. Clausen received the fourth highest number of votes as a Democratic candidate. Clausen Jr., 16 -015 Page � 5 b. Clausen had no opposition in the November general election, absent a write - in candidate. C. Clausen, along with the other four (4) top vote receivers in the primary election-- SusyWiegand, Dan McGann, Donald Butz, and Brian Seely- -were all elected to the BASB on November 3, 2015. Clausen and Donald Butz were the only new Members elected to the BASB at that time. 18. As part of the Superintendent's Report presented during the BASB's June 8, 2015, meeting, Brookhart advised the BASB that RAL Architecture was designing Phase II of the project and was going to provide the BASD with options in comport with the BASD 's budget. a. Brookhart advised the BASB that "we want concessions, restrooms, and storage.,' L RAL Architecture was provided with the budget amount of $300,000.00, as determined by Brookhart. C. The BASD's Buildings and Grounds, Athletic, and Budget Committee did not provide any reports /updates as to Phase II at this meeting. d. RAL's initial submission to the BASD contained estimated costs for Phase 11 which were significantly higher than Brookhart's initial estimate, resulting in alternate bid categories for the BASB to consider. 19. The BASD published legal advertisements regarding bid submission for the construction of Phase 11 on July 25, 2015, August 1, 2015, and August 8, 2015, in the Press Enterprise, a publication of general circulation. a. Bid specifications and the bidding process were the primary responsibility of Buildings and Grounds Director Geffken, with assistance from RAL Architecture. 20. Following the advertising for construction bid submissions, Brookhart advised the BASB that "we are hoping for an approval in September" for Phase 11 during the BASB's August 10, 2015, meeting. 21. As an employee of EPSCO, Clausen attended two (2) of the pre -bid meetings for Phase 11, held on August 27, 2015, and October 29, 2015. a. Although not yet seated as a BASB Member, at the time Clausen attended the pre -bid meetings in August and October of 2015, he was an unopposed candidate for the 2015 general election. 22. Following one of the pre -bid meetings, Clausen provided Spezialetti Construction with a quote on August 31, 2015, in the amount of $4,495.78 for plumbing materials and fixtures to be provided by EPSCO, specific to Spezialeffs bid submission for Phase 11. a. The project was assigned Quote No. S5386369. b. The ship date was listed as October 31, 2015. C. The quote was valid for thirty (30) days and was subject to change without notice thereafter. Clausen Jr., 16 -015 aglgee 6 23. At the time he provided Spezialetti Construction with the EPSCO quote dated August 31, 2015, Clausen had a reasonable expectation and belief of becoming a Member of the BASB following the November 2015 general election. 24. On or before September 3, 2015, the BASD received the following responses to the request for bids concerning Phase Il. a. Electrical: pezi'Tf{i Construction $41,600.00 VEshnefski Electrical $55,000.00 b. Mechanical /Plumbin : Spezialetti Construction $36,200.00 Bognet, Inc. $45,800.00 C. General Contractor: pezia e i onstruc ion $316,000.00 Bognet, Inc. $381,000.00 Century Lodge $455,929.10 Zartman Construction $487,900.00 1. Not included for general contractor were alternate bid amounts relating to parking lot, sidewalks, fencing, and metal roofing, which would have increased each company's base bid amount. 25. Bid tabulation sheets reflect Spezialetti Construction was the overall lowest bidder for the Phase II project and was to serve as general contractor, as well as electrician and plumbing /mechanical contractor. a. Spezialetti Construction's submitted bid for Phase II was in the amount of $391,000.00. b. This bid included the purchase of plumbing materials and fixtures from EPSCO, estimated at $4,495.78. 26. Spezialetti's Phase 11 bid was considered during the BASB's September 14, 2015, meeting. a. Buildings and Grounds Item No. BGW2 of the BASB agenda identified the award of general construction, electrical, mechanical, and HVAC to Spezialetti Construction in an amount not to exceed $391,000.00. 27. After the motion was made and seconded at the September 14, 2015, meeting, a lengthy discussion ensued regarding the cost and scope of work. a. The Buildings and Grounds Director James Geffken informed the BASE that if the BASB voted to proceed, Phase II could start immediately and should be completed by December 7, 2015. b. The BASB expressed concern that the bid exceeded the budget by roughly $100,000.00. 1. Superintendent Brookhart advised that the $300,000.00 number was an est1mation for budgeting purposes. Clausen Jr., 16 -015 age C. Further discussion ensued about scaling back Phase 11 and/or re- bidding the project. d. Geffken advised the BASB that he did not feel they could "value engineer" $100,000.00 out of the project. Value engineering is defined as removing some items from construction such as air conditioning, and renegotiating the cost of other items with the contractor. e. The motion to approve the award to Spezialetti was defeated by a vote of 6 -2 with one (1) abstention. 28. During the BASB's October 12, 2015, meeting, Superintendent Brookhart presented the BASB with a quote for Phase II of the project that the BASD's administration had obtained from the Keystone Purchasing Network, in the amount of $414,000.00. a. The Keystone Purchasing Network, 90 Lawton Lane, Milton, PA 17847 is a national purchasing cooperative for education and local government. b. The Keystone Purchasing Network offers competitively bid purchasing contracts under categories including: facility; technology; supplies; furniture; energy; vehicles; custodial; sports; and security. C. The Keystone Purchasing Network did not initially submit a bid, quote, or proposal for the Phase II protect. The Keystone Purchasing Network was contacted by the BASD's administration to determine if Keystone could underbid Spezialetti Construction's lowest bid of $391,000.00. d. At the meeting, Brookhart reminded the BASB of the $391,000.00 bid from Spezialetti Construction. e. At the meeting, Brookhart advised the BASB they could vote to accept Spezialetti's low bid, or move forward with a different design and /or re -bid. At the meeting, the BASB discussed project funding issues, but did not make a decision as to how to proceed. 29. In light of the overall costs, changes were made to the scope of work during a pre - bid meeting held on October 29, 2015, which Clausen attended as an EPSCO employee. a. Changes related to the structure's construction from block to wood frame, and elimination of the parking lot and /or or paving work in an effort to reduce costs. b. No additional bids were submitted. 30. Attendees at the meeting, other than Clausen representing EPSCO, included contractor representatives from Zartman Construction, Spezialetti Construction, A. Picket Construction, Kobalt Construction, Neighbor Fence, Co. and Bognet, Inc. 31. Based on a lack of action by the BASB during its September 14, 2015, and October 12, 2015, meetings, Brookhart decided to defer to the incoming Board (seated on December 2, 2015) decisions on Phase 11 of the project. Clausen Jr., 16 -015 Page e8 32. Throughout 2015, while a candidate for the BASB, Clausen continued to sell materials to the BASD through EPSCO, and to contractors /subcontractors as part of an ongoing elementary school construction project. a. Prior to the end of September 2015, Superintendent Brookhart met with Clausen to discuss issues including the School Code, policies, and ongoing projects. b. Brookhart's primary concern was a conflict of interest with Clausen continuing to be the EPSCO representative to the BASD. C. Clausen did not at that time inform Brookhart that he, on behalf of EPSCO, had supplied Spezialetti Construction with a quote for plumbing materials for Phase II of the baseball field project. 2016: Phase 11 continued 33. Upon taking office as a BASB Member, Clausen was appointed to the following committees: Buildings & Grounds; Budget & Finance, and Athletic. a. Committee assignments are made by the BASB President. b. Each committee is comprised of two (2) or three (3) members. C. Clausen was appointed Chair of the Athletic Committee. d. Committees serve in an advisory capacity to the entire BASB. e. Minutes are not taken from committee meetings. 34. All three (3) committees on which Clausen served had input as to Phase 11. a. Clausen served on the Buildings and Grounds Committee until approximately March 2016, when he voluntarily relinquished his seat. 35. As a BASB Member since December 2, 2015, Clausen participated in discussions and other actions at both the committee and Board level, concerning Phase II of the North Berwick Baseball Field Project. a. Clausen advocated during committee and BASB meetings that the BASB move forward with the bid previously submitted by Spezialetti Construction. b. Clausen never disclosed to the BASB that, as an EPSCO sales representative, he provided Spezialetti Construction with a quote for plumbing materials for the project. C. Clausen also did not disclose that EPSCO maintained an ongoing business relationship with Spezialetti Construction as a material supplier. 36. Approximately one month after assuming office, Clausen initiated a BASB discussion on Phase II of the project during the BASB's January 18, 2016, meeting. a. During the meeting, it was reported that the Buildings and Grounds Committee discussed "reconsidering the baseball field Phase 11 commitment" during its December and January meetings. Clausen Jr., 16 -015 ague These committee meetings occurred during Clausen's first two (2) months on the BASB. b. Clausen advocated for the acceptance of Spezialetti's bid. 37. Minutes from the BASB's January 18, 2016, meeting include the following discussion initiated by Clausen concerning Phase 11 construction: Old Business: Mr. Clausen requested to discuss the Phase 11 of the Baseball Complex. He stated that we do have all the bid numbers and the board has not spoken about the future of the project..He stated that what was originally budgeted was an unrealistic figure, and that the bids received of $391,000 were proven to be a good price based on the leg work the district did with other organizations. He would like to hopefully make a motion to go forward with Phase it at the original bid price of $393,000. President Kovalewski asked if there were any funds available to do this. Mr. Brookhart stated that we do have funds from the reserve that were available in the Miscellaneous Budgetary Reserve, that we have not yet spent funds for a Blended position of $30,000 and we received additional real estate transfer tax of $70,000 on the sale of the land for the Moxie Freedom Natural Gas Plant, all of which could be provided for the gap between the budgeted figures and the bids. if the board wished to move on this project, this is how the board could say it is a budgeted expense. President Kovalewski asked if the project has to be re -bid. Mr. Brookhart did not think so. James Geff ken stated that he contacted the contractor and he said he would honor the price verbally. Mr. Clausen asked if we can get a written commitment so we can make a motion in February. Mr_ McGann pointed out that the board determined that they would not entertain additional motions that spend money as part of Old and New Business. Mrs. Wieners clarified for Mr. Clausen that the figure that was budgeted was a fair number and that we didn't go into the budget with a constricted number for our contractors, nor did we pull the number out of the air. Mr. Clausen said he never implied that the board did that. Mr. Brookhart stated that the figure of $300,000 was provided at the end of the budgeting cycle. PRESENT: Maryann Kovalewski, Daniel F. McGann, Donald Butz, Larry Clausen, Ronald Robsock, Brian J. Seely, Susy Wiegand and Rhonda Wieners As a result of the discussion, Buildings & Grounds Director, Geffken, contacted Spezialetti Construction to confirm whetherthe bid of $391,000.00 was still valid. Spezialetti Construction owner Angelo Spezialetti agreed to honor the initial bid price, despite the time delay in awarding the protect. 38. During the BASB's February 8, 2016, meeting, Clausen seconded the motion to begin Phase 11 of the project, to include a concession stand, bathroom facilities, and press box, for the total amount of $392,000.00. Clausen addressed the BASB voicing his opinion that "there are some changes that can be made to lower that cost ($392,000.00). Once it gets started, I think we can talk to the contractors involved and make some changes to lower the costs. I would like to get this approved tonight." b. Following a discussion as to how the additional $100,000.00 in funding would be appropriated, the BASB voted 6 -2 to approve the motion with Clausen voting in the affirmative. C. BASB Members Dan McGann and Rhonda Wieners voted against the motion due to the cost of the project. Clausen Jr., 16 -015 agF�e10 39. At no time throughout the approval process did Clausen disclose that he, through his employer EPSCO, provided Sppezialetti Construction with a quote to supply plumbing materials necessary for tl�e project. 40. By February 26, 2016, questions were being raised by BASD officials /employees, as to Clausen's involvement in selling materials to the BASD as a rep resentativelemployee of EPSCO. a. On February 26, 2016, Clausen directed Business Manager Christina Bason to remove EPSCO from the BASD's bid list, as EPSCO would no longer "be supplying the District with bids until further notice." b. Clausen added that he would be providing the BASD with an additional email to address ethics concerns they had. 41. Clausen's February 26, 2016, follow -up email was sent to BASD administrators Brookhart, Bason, and Geffken, while additionally carbon copying the entire BASE. a. This email provided narrative information and reference to a conversation Clausen alleged to have had with Robin Hittie, Chief Counsel for the State Ethics Commission. b. In the email, Clausen discloses the following relevant information: • Clausen was the assigned EPSCO salesperson for the BASD account. • Clausen claimed that his name was removed from the BASD account prior to him taking a seat on the Board. • Clausen emailed the BASD's Business Manager to remove EPSCO's name from the BASD's bid list. • EPSCO was asked to provide pricing on plumbing fixtures for Phase II of the project. • To date, no orders were placed, and Clausen has not, and will not, receive any financial gain as result of the project. • The project was to be started and completed prior to Clausen taking a seat on the BASB. C. Clausen's entire email correspondence is contained below: "First, let me start by stating that 1 was the assigned salesperson for the Berwick District account with EPSCO. Prior to taking my seat on the board, I had my company remove me as the salesperson ... A[ong with taking my name off of the account, today I emailed Christina to remove EPSCO from the district bid list and we will no longer be bidding on any future material lists or building projects moving forward... Regarding the Phase 11 project at the baseball field.... EPSCO was asked to provide pricing for the plans and specifications presented. We at no time drove a specification or altered any plans or documents for the project. This project was bid in September and was supposed to be started in very early October and completed by the end of the year, which would have meant...completed by the time I took my seat on board. EPSCO did provide pricing on the plumbing fixtures and to date, we have received no orders on this project. I'm guessing that at some point we will be contacted about possibly supplying the fixtures for this project. I have taken steps to make sure that I will nat receive an personal gain on this project. pFor Phase 11 at North Berwick, and at West Berwick Clausen Jr., 16 -015 Page ' 1 Elementary, I wills uppport the pprojects from the EPSCO side if and when any calls are made or if I'm need to go to the jobsite. In talking with Robin Hittie, we discussed several things that she labeled as concerns. She agreed the steps taken moving forward were good and should not present any problems. Her concerns were "the projects that have been delayed" and now that I'm on the board. We discussed many things, and it comes down to what is discussed during the meetings, especially in building & grounds. I told her that there to date, we have not discussed or promoted any contractors or projects since I have been on the committee in mid- December. We do talk about pro ect schedules, which could be a concern if it deals with a customer that VPSCO deals with. She suggested several things including recusing or walking out of the room if there will be discussions regarding a problem with a direct contractor involved with dealing with EPSCO, if that discussion will lead to possible financial gain. Also sugggested would be abstaining from voting to pay the bills if anything Involving dealing with EPSCO are part of the payables to secure that financial gain." 42. Spezialetti Construction began Phase 11 construction on or about March 7, 2016, and completed the project by August 8, 2016. a. Spezialetti Construction purchased approximately $7,393.57 in materials from EPSCO as part of the Phase 11 project work. b. Spezialetti Construction also purchased an additional $549.30 in materials from EPSCO which was unrelated to any BASB projects during this same time frame. 43. Around March 10, 2016, Spezialetti Construction contacted Clausen at EPSCO to confirm whether the prices quoted in EPSCO's August 31, 2015, bid were still valid. a. Upon receiving confirmation from Clausen that the prices were still valid, Spezialetti began making purchases of plumbing materials for Phase 11 from EPSCO. 44. From March 10, 2016, through June 20, 2016, Spezialetti Construction made approximately twenty-three (23) purchases from EPSCO, totaling $7,393.57, for materials used on Phase 11 of the project. a. Clausen's initials appear as the writer on invoice number S5476880.002, dated March 11, 2016, in the amount of $196.10. b. Four (4) credit invoices were processed by EPSCO for materials returned by Spezialetti Construction on the project. 45. On March 17, 2016, Spezialetti had multiple conversations with James Geffken concerning project costs and a permit issue. a. During the conversations, Spezialetti reported that new Board Member harry Clausen had stopped by the jobsite on several occasions. b. Once pressed on Clausen's involvement with the project, Spezialetti informed Geffken that he was buying all of the plumbing supplies from Clausen, and that he promised Clausen that he would buy everything from him prior to being awarded the job. Clausen Jr., 16 -015 Page 12 46. Clausen appeared at the Jobsite on at least two (2) separate occasions to address issues with materials EPSCO supplied on the project. a. The issue related to water pressure for flush toilets. b. Clausen also assisted Spezialetti with design drawings for restroom fixture location. EPSCO did not invoice Spezialetti Construction for these additional services. 47. Payments issued by the BASD to Spezialetti Construction were done through stage payments, which were approved as part of the BASD's routine bill paying process. 48. Between April 11, 2016, and August 8, 2016, the BASB issued three (3) checks totaling $392,300.00 to Spezialetti Construction for Phase II construction. a. The front side of these checks were signed by BASE Member Maryann Kovalewski and Secretary to the BASB, Janet Kovach. b. Clausen did not sign any of these checks. 49. Corresponding bill lists confirm that Clausen participated in a 7 -0 vote to approve check no. 44574 in the amount of $157,800.00 on April 11, 2016. a. This check represented payment of three (3) invoices submitted by Spezialetti Construction in the amounts of $10,800.00, $8,100.00, and $138,900.00. 50. Clausen abstained from votes taken on June 20, 2016, and August 8, 2016, approving subsequent payments to Spezialetti Construction. THE FOLLOWING FINDINGS RELATE TO STATEMENT OF FINANCIAL INTERESTS FORMS FILED FOR THE 2014 AND 2015 CALENDAR YEARS WITH THE BASD. 51. Clausen, as both a candidate and Member of the BASB, was required to file Statement of Financial Interests ( "SFI ") forms. a. Clausen was a candidate for a position on the BASB in 2015. As a school board candidate, Clausen was required to file an SFI for the 2014 calendar year. 52. Clausen neglected to identify EPSCO as an "office, directorship, or employment in any business" on 2014 and 2015 calendar year SFIs filed with the BASD. a. Clausen properly identified EPSCO as a source on income upon the same filings (calendar years 2014 and 2015). Ill. DISCUSSION: As a Member of the Berwick Area School District ( "BASD ") Board of School Directors ( "BASB ") since December 2, 2015, Respondent Larry D. Clausen, Jr., also referred to herein as "Respondent," "Respondent Clausen," and "Clausen," has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seg. Clausen ' Jr. 15 -015 Page The allegations are that Respondent Clausen violated Sections 1103(a) and 1105(b)(8) of the Ethics Act: (1) when he, in his capacity as a Member of the BASE, utilized {he authority of his public office for the pecuniary benefit of himself and/or a business with which he is associated, namely Eastern Penn Supply Company ( "EPSCO "), when he participated in discussions of the BASB and subsequently voted to award a contract and/or subcontracts to various vendors on BASD projects at a time when he knew and /or had a reasonable certainty that EPSCO would be utilized as a subcontractor and /or supplier /vendor to those projects; and (2) when he failed to identify EPSCO as an "office, directorship, or employment in any business" on 2014 and 2015 calendar year Statements of Financial Interests ( "SFIs ") filed with the BASD. 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. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office, directorship or employment in any business entity. 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. Clausen Jr., 16 -015 Page Respondent Clausen has served as a Member of the BASB since December 2, 2015. The BASB consists of nine Members. The day -to day operations of the BASD are managed by the Superintendent. In a private capacity, Respondent has been employed by EPSCO since approximately December 4, 1957. EPSCO sells various supplies including plumbing and heating supplies. At all times relevant to the investigation in this matter, Respondent was employed as the Commercial Bid Manager assigned to EPSCO's Berwick location. Respondent's compensation with EPSCO is comprised of a base salary plus commission. EPSCO maintained an ongoing business relationship with the BASD since at least the 2010 -2011 school year. The nature of the business relationship focused on the sale of plumbing and heating materials on an as- needed basis to the BASD. On January 13, 2014, the BASB voted to purchase the North Berwick baseball field for the sum of $225,000.00. The purchase occurred almost two years prior to Respondent becoming a Member of the BASB. At the time of the purchase, the property was in need of repairs and improvements. Due to the anticipated cost, the repairs and improvements were divided into three phases, all of which were to be under the supervision of James Geffken ( °Geffken "), the BASD's Director of Buildings and Grounds. Of the three Phases, only Phase II of the project ( "Phase II ") -- involving construction of a concession stand /press box with restroom facilities - -is relevant to this case. As detailed more full below, EPSCO provided materials for Phase Il to the general contractor ultimately awarded the project, namely, Spezialetti Construction. Spezialetti Construction is a general contracting business located in Berwick. Spezialetti Construction has purchased plumbing and heating supplies from EPSCO since at least 2013. On May 11, 2015, the BASB selected a firm to perform the Phase li design work. The projected construction schedule called for construction to begin in July 2015 and to be completed by September or October, 2015. Meanwhile, in 2015, Respondent was a candidate for a position on the BASB. Respondent was successful at the May 19, 2015, primary and had no opposition in the November general election, absent a write -in candidate. As an employee of EPSCO, Respondent attended meetings regarding Phase II held in August 2015 and October 2015. Respondent also provided Spezialetti Construction with a quote on August 31, 2015, in the amount of $4,495.78 for plumbing materials and fixtures to be provided by EPSCO, specific to Spezialetti's bid submission for Phase 11. By early September 2015, the BASD had received bids for the construction of Phase 11. Spezialetti Construction was the overall lowest bidder to serve as general contractor, electrician, and plumbing /mechanical contractor for Phase II. Spezialetti Construction's submitted bid for Phase II was in the amount of $391,000.00. This bid included the purchase of plumbing materials and fixtures from EPSCO, estimated at $4,495.78. Although Spezialetti Construction's Phase 11 bid was the lowest, it was still more than the BASB had planned to spend, and it was not approved in 2015. Cost concerns led to changes being made to the scope of work in October 2015. Based on a lack of action by the BASB during its September 14, 2015, and October 12, 2015, meetings, BASD Superintendent Wayne Brookhart ( "Brookhart") decided to defer decisions on Phase 11 of the project until after the incoming BASB Members were seated on December 2, 2015. Prior to the end of September 2015, Brookhart met with Respondent to discuss issues including the School Code, policies, and ongoing projects. Brookhart's primary concern was a conflict of interest with and continuing to be the EPSCO representative to the BASD. Respondent did not at that time inform Brookhart that he, on Clausen Jr., 16 -015 Page 15 behalf of EPSCO, had supplied Spezialetti Construction with a quote for plumbing materials for Phase 11 of the baseball field project. Respondent was elected to the BASB on November 3, 2015. Upon talong office as a BASB Member, Respondent was appointed to three BASD committees -- including the Buildings and Grounds Committee - -all of which had input as to Phase 11. As a BASB Member, Respondent participated in discussions and other actions at both the committee and Board level concerning Phase 11. Respondent advocated during committee and BASB meetings that the BASB move forward with the bid previously submitted by Spezialetti Construction. Respondent never disclosed to the BASB that, as an EPSCO sales representative, he provided Spezialetti Construction with a quote for plumbing materials for the project. Respondent also did not disclose that EPSCO maintained an ongoing business relationship with Spezialetti Construction as a material supplier. Approximately one month after assuming office, Respondent initiated a BASB discussion on Phase 11 of the project during the BASB's January 18, 2016, meeting. During the meeting, it was reported that the Buildings and Grounds Committee discussed "reconsidering the baseball field Phase II commitment during its December and January meetings. These committee meetings occurred during Respondent's first two months on the BASB. Respondent advocated for the acceptance of Spezialetti Construction's bid. Minutes from the BASB's January 18, 2016, meeting include discussion initiated by Respondent concerning Phase 11 construction during which Respondent stated, inter alia, that what was originally budgeted was an unrealistic figure, that the bid of $391,000W amount bid by Spezialetti Construction) was proven to be a good price, and that he would like to hopefully make a motion to go forward with Phase 11 at the original bid price. Respondent asked if the BASB could get a written commitment so that a motion could be made in February. As a result of the discussion, Geffken contacted Spezialetti Construction to confirm whether the bid of $391,000.00 was still valid. Spezialetti Construction agreed to honor the initial bid price, despite the time delay in awarding the project. During the BASB's February 8, 2016, meeting, Respondent addressed the BASB voicing his opinion that once the Phase II projJject got started, some changes could be made to lower the cost. Respondent stated, I would like to get this approved tonight." Fact Findin 38 a. Following a discussion as to how the additional $100,000.00 in funding woe d e appropriated, the BASB voted 6 -2 to begin Phase II of the project to include a concession stand, bathroom facilities, and press box, for the total amount of 392,000.00, with Respondent seconding the motion and voting in the affirmative. At no time throughout the approval process did Respondent disclose that he, through his employer EPSCO, provided Spezialetti Construction with a quote to supply plumbing materials necessary for the project. By February 26, 2016, questions were being raised by BASD officialslemployees as to Respondent's involvement in selling materials to the BASD as a representative /employee of EPSCO. On February 26, 2016, Respondent directed Business Manager Christina Bason to remove EPSCO from the BASD's bid list, as EPSCO would no longer "be supplyying the District with bids until further notice." Fact Finding 40 a. Respondent added that he would be providing the BASD with an additional email to address ethics concerns they had. Respondent's February 26, 2016, follow-up email was sent to BASD administrators Brookhart, Bason, and Geffken and copied to the enure BASB. This email provided Clausen Jr., 16 -015 Page 16 narrative information and reference to a conversation Respondent alleged to have had with Robin Hittie, Chief Counsel for this Commission. See, Fact Findings 41 a -c). Spezialetti Construction began Phase II construction on or about March 7, 2016, and completed the project by August 8, 2016. Spezialetti Construction purchased approximately $7,393.57 in materials from EPSCO as part of the Phase II project work. Spezialetti Construction also purchased an additional $549.30 in materials from EPSCO which was unrelated to any BASB projects during this same time frame. On March 17, 2016, the owner of Spezialetti Construction informed Geffken that he was buying all of the plumbing supplies for Phase II from Respondent and had promised Respondent that he would buy everything from him prior to being awarded the fob. Respondent appeared at the Phase 11 jobsite on at least two (2) separate occasions to address issues with materials EPSCO supplied on the project. Respondent also assisted with design drawings for restroom fixture location. EPSCO did not invoice Spezialetti Construction for these additional services. Payments issued by the BASD to Spezialetti Construction were done through stage payments, which were approved as part of the BASD's routine bill paying process. Between April 11, 2016, and August 8, 2016, the BASB issued three checks totaling $392,300.00 to Spezialetti Construction for Phase 11 construction. Respondent did not sign an of these checks. Corresponding bill lists confirm that Respondent participated in a 7-0 vo4e to approve check number 44574 in the amount of $157,800.00 on April 11, 2016. This check represented payment of three invoices submitted by Spezialetti Construction in the amounts of $10,800.00, $8,100.00, and $138,900.00. Respondent abstained from votes taken on June 20, 2016, and August 8, 2016, approving subsequent payments to Spezialetti Construction. As both a candidate and Member of the BASB, Respondent was required to file SFI forms. Respondent's SFIs filed with the BASD for calendar years 2014 and 2015 failed to disclose his employment with EPSCO in the block for disclosing an "office, directorship, or employment in any business." Respondent properly identified EPSCO as a source of income on the same filings for calendar years 2014 and 2015. 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: That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a) occurred when in his capacity as a Member of the Board of Directors of the Berwick Area School District, Clausen utilized the authority of his public office, to include participating in discussions of the Board and subsequent voting by the Board, to award a District construction contract to Spezialetti Construction, at a time when he knew and/or had a reasonable expectation that the company with which Clausen is employed ( EPSCO) would be utilized as a supplier/vendor to that [project]. Clausen Jr., 16 -015 ag�— b. That a technical violation of Section 1105(b)(8) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(8) occurred when Clausen neglected to identify EPSCO as an "office, directorship, or employment in any business" on 2014 and 2015 calendar year Statements of Financial Interests filed with the District, havingg previously identified EPSCO as a source [ofJ income upon the same filings. Clausen agrees to make payment in the amount of $750.00 in settlement of this matter payable as follows: a. $500.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. b. $250.00 which represents a portion of the expenses and costs incurred by the State Ethics Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Clausen agrees to file complete and accurate Statements of Financial Interests with the Berwick Area School District, through the Pennsylvania State Ethics Commission, for calendar years 2014 and 2015 within thirty (30) days of the issuance of the final adjudication in this matter. Clausen agrees to not accept any reimbursement, compensation or other payment from the Berwick Area School District representing a full or partial reimbursement of the amount paid in settlement of this matter. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1 -2. In considering the Consent Agreement, we agree that a violation of Section 1103(a) of the Ethics Act occurred when in his capacity as a Member of the BASB, Respondent Clausen utilized the authority of his public office, including participating in discussions of the BASB and subsequent voting by the BASB, to award a BASD construction contract to Spezialetti Construction, at a time when Clausen knew and/or had a reasonable Clausen Jr., 15 -015 Page 18 expectation that the company with which Clausen is employed ( EPSCO) would be utilized as a supplier /vendor to that project. Respondent used the authorityy of his public office as a BASB Member to further the construction of Phase II by Spezialetti Construction following inaction by the BASB due to Board concerns about the project cost. Respondent used the authority of his public office as a BASB Member when he participated in discussions and other actions at both the committee and Board level concerning Phase 11. Respondent advocated during committee and BASB meetings that the BASB move forward with the bid previously submitted by Spezialetti Construction. Respondent never disclosed to the BASB that, as an EPSCO sales representative, he provided Spezialetti Construction with a quote for plumbing materials for the project. Respondent also did not disclose that EPSCO maintained an ongoing business relationship with Spezialetti Construction as a material supplier. Respondent initiated a BASB discussion on Phase II of the project during the BASB's January 18, 2016, meeting. During the meeting, it was reported that the Buildings and Grounds Committee --a committee on which Respondent served — discussed "reconsidering the baseball field Phase 11 commitment" during its December and January meetings. These committee meetings occurred during Respondent's first two months on the BASB. Respondent advocated for the acceptance of Spezialetti Construction's bid. Minutes from the BASB's January 18, 2016, meeting include discussion initiated by Respondent concerning Phase II construction during which Respondent stated, inter alia, that what was originally budgeted was an unrealistic figure, that the bid of $391,000 tie amount bid by Spezialetti Construction) was proven to be a good price, and that he would like to hopefully make a motion to go forward with Phase II at the original bid price. Respondent asked if the BASB could get a written commitment so that a motion could be made in February. During the BASB's February 8, 2016, meeting, Respondent addressed the BASB voicing his opinion that once the Phase II project got started, some changes could be made to lower the cost. Respondent stated, I would like to get this approved tonight." Fact Findin 38 a. Following a discussion as to how the additional $100,000.00 in funding wou a appropriated, the BASB voted 6 -2 to begin Phase 11 of the protect to include a concession stand, bathroom facilities, and press box, for the total amount of 392,000.00, with Respondent seconding the motion and voting in the affirmative. At the time Respondent engaged in the aforesaid actions, he knew and/or had a reasonable expectation that his employer, EPSCO, would sell materials to Spezialetti Construction for the Phase 11 project. Respondent had provided a quote for materials to Spezialetti Construction for the Phase 11 project several months before Respondent had taken office as a BASB Member. At no time throughout the approval process did Respondent disclose that he, through his employer EPSCO, provided Spezialetti Construction with a quote to supply plumbing materials necessary for the project. However, on March 17, 2016, the owner of Spezialetti Construction informed Geffken that he was buying all of the plumbing supplies for Phase 11 from Respondent and had promised Respondent that he would buy everything from him prior to being awarded the job. Spezialetti Construction purchased approximately $7,393.57 in materials from EPSCO as part of the Phase 11 project work. On April 11, 2016, Respondent participated in a 7 -0 vote to approve BASD check number 44574 in the amount of $157,800.00. This check represented payment of three invoices submitted by Spezialetti Construction in the amounts of $10,800.00, $8,100.00, Clausen Jr., 16 -015 Page 19 and $138,900.00. Respondent abstained from later votes approving subsequent payments to Spezialetti Construction. Although the Stipulation of Findings does not quantify the precise amount of the private pecuniary benefit realized by EPSCO as a result of Respondent's aforesaid actions, it is clear the parties are in agreement that such private pecuniary benefit was not de minimis. With each element of a violation of Section 1103(a) met, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when in his capacity as a Member of the BASB, Respondent Clausen utilized the authority of his public office, including participating in discussions of the BASB and subsequent voting by the BASB, to award a BASD construction contract to Spezialetti Construction, at a time when Clausen knew and/or had a reasonable expectation that the company with which he is employed ( EPSCO) would be utilized as a supplier /vendor to that project. We accept the parties' recommendation, and we gold, that a technical violation of Section 1'105(b }(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when Clausen neglected to identify EPSCO in the block for disclosing an "office, directorship, or employment in any business" on 2014 and 2015 calendar year SFIs he filed with the BASD, having properly identified EPSCO as a source of income on the same filings for calendar years 2014 and 2015. As part of the Consent Agreement, Clausen has agreed to make payment in the total amount of $750.00 in settlement of this matter as follows. Clausen has agreed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Clausen has agreed to make payment by certified check or money order in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the expenses and costs incurred by the Commission in the investigation and administrative prosecution 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. Clausen has further agreed to not accept any reimbursement, compensation or other payment from the BASD representing a full or partial reimbursement of the amount paid in settlement of this matter. Finally, Clausen has agreed to file complete and accurate SFIs for calendar years 2014 and 2015 with the BASD, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Clausen is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and orwarded 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, Clausen is directed to make payment by certified check or money order in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the expenses and costs incurred by the Commission in the investigation and administrative prosecution 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, Clausen is directed to not accept any reimbursement, compensation or other payment from the BASD representing a full or partial reimbursement of the amount paid in settlement of this matter. Clausen Jr., 16 -015 Page To the extent he has not already done so, Clausen is directed to file complete and accurate SFIs for the 2014 and 2015 calendar years with the BASD, through this Commission, by no later than the thirtieth (301') 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 Member of the Berwick Area School District ( "BASD") Board of School Directors ( "BASB ") since December 2, 2015, Respondent tarry D. Clausen, Jr. ( "Clausen ") has been a public official subJJ'ect to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. Clausen violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when in his capacity as a Member of the BASB, he utilized the authority of his public office, including participating in discussions of the BASB and subsequent voting by the BASB, to award a BASD construction contract to Spezialetti Construction, at a time when he knew and/or had a reasonable expectation that the company with which Clausen is employed, namely Eastern Penn Supply Company ( "EPSCO "), would be utilized as a supplierlvendor to that project. 3. A technical violation of Section 1105�b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when Clausen neg ected to identify EPSCO in the block for disclosing an "office, directorship, or employment in any business" on 2014 and 2015 calendar year Statements of Financial Interests he filed with the BASD, having properly identified EPSCO as a source of income on the same filings for calendar years 2014 and 2015. In Re: Larry D. Clausen, Jr., File Docket: 16 -015 Respondent Date Decided: 11/28/17 Date Mailed: 12/4117 ORDER NO. 1723 Larry D. Clausen, Jr. ( "Clausen "), as a Member of the Berwick Area School District ( "BASD ") Board of School Directors ( "BASB"), 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 office, including participating in discussions of the BASB and subsequent voting by the BASB, to award a BASD construction contract to Spezialetti Construction, at a time when Clausen knew and/or had a reasonable expectation that the company with which he is employed, namely Eastern Penn Supply Company ( "EPSCO "), would be utilized as a supplier /vendor to that project. 2. A technical violation of Section 11Zb)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when Clausen negllected to identify EPSCO in the block for disclosing an "office, directorship, or employment in any business" on 2014 and 2015 calendar ear Statements of Financial Interests he filed with the BASD, having properly identified EPSCO as a source of income on the same filings for calendar years 2014 and 2015. 3. Per the Consent Agreement of the parties, Clausen is directed to make payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 4. Per the Consent Agreement of the parties, Clausen is directed to make payment by certified check or money order in the amount of $250.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the expenses and costs incurred by the Commission in the investigation and administrative prosecution of this matter with such payment forwarded to this Commission by no later than the thirtieth (Wh) day after the mailing date of this Order. 5. Per the Consent Agreement of the parties, Clausen is directed to not accept any reimbursement, compensation or other payment from the BASD representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. To the extent he has not already done so, Clausen is directed to file complete and accurate Statements of Financial Interests for the 2014 and 2015 calendar years with the BASD, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (301h) day after the mailing date of this Order. 7. Compliance with paragraphs 3, 4, 5 and 6 of this Order 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. BY THE COMMISSION, 0 �c o as o a e a, Chair