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HomeMy WebLinkAbout1728 WeilPHONE: 717 -783 -1610 TOLL FREE: 1 -800- 932 -0936 In Re: Mark Weil, Respondent � x FE, d tFT STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120 -0400 File Docket: X -ref: Date Decided: Date Mailed: FAC 51 NI I L E: 717-787-0606 WEBSITE: www.ethics.pa.gov 17005 Order No. 1728 1131118 215118 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Monique Myatt Galloway Michael A. Schwartz Shelley Y. Simms 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 lrlvestigative 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." An Answer was filed and a hearing was requested. A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. ALLEGATIONS: That Mark Weil, a public official /public employee in his capacity as a Member and Vice President of Glenfield Borough Council, Allegheny County, violated [Sections I I03(a), 1103(f), 1104(a), and 1104(d)] of the State Ethics Act (Act 93 of 1998) when he: Participated in discussions and actions of Borough Council which resulted in a contract and/or agreement for services being awardedlentered into between the Borough and a business with which he and/or a member of his immediate family is associated, resulting in a pecuniary benefit to him, a member of his immediate family, and /or a business with which he /a member of his immediate family is associated; Participated in discussions and actions of Borough Council which resulted in a contract and /or agreement for services valued in excess of $500.00 being awarded /entered into between the Borough and a business with which he and /or a member of his immediate family Is associated, absent an open and public process; and Failed to file Statements of Financial Interests forthe 2012, 2013, and 2014 calendar years. II. FINDINGS: Weil, 17 -005 age 2 1. Mark Weil ( "Weil ") served as a Member of Council for Gienfield Borough ( "Borough "), Allegheny County, from January 12, 2010, through December 9, 2014. a. Weil held the office of Vice President of Borough Council ( "Council ") from January 11, 2014, through December 9, 2014. b. Weil resigned as a Council Member on December 9, 2014. 1. Weil resigned his Council position following a complaint from a resident, who alleged that Weil engaged in activity that appeared to be a conflict of interest. 2. The Borough is governed by a five - Member Council. a. Council currently holds one regularly scheduled legislative meeting per month on the second Monday of the month. b. Special meetings are held as necessary. 3. Voting at Council meetings occurs via a group voice vote, after a motion is made and properly seconded. a. Abstentions and/or dissenting votes are to be specifically documented in the meeting minutes. 1. Minutes of each meeting are approved for accuracy at each subsequent meeting of Council. 4. Council Members are not supplied with a meeting packet prior to legislative meetings. a. Council Members are provided draft meeting minutes of the prior meeting and a financial report at the start of each legislative meeting. 5. From at least 2011 through 2014, Council Members did not receive a listing of bills to review prior to approving payment of bills received. a. In lieu of a printed bill list, the bills to be approved for payment were read aloud at each legislative meeting. 1. Those bills read were received by the Borough since the last legislative meeting. b. Council voted to approve bills for payment after they were read aloud. 6. A Borough voucher documenting the payee, Borough check number, check date, check amount, and reason for payment, was attached to each bill during the time period of 2011 through 2014. a. In order to be appproved for payment, a Borough voucher required the signatures of two Council Members. b. Borough vouchers were executed after Council took action by voting to approve the bills. Weil, 17 -005 T57a—ge 3 7. Signature authority over the Borough financial accounts is maintained by the President of Borough Council, Vice President of Borough Council, and the employed Borough Secretary/Treasurer ( "Secretary/Treasurer "). a. Borough checks reqqu�ire the signatures of one Council Member and the employed SecretarylTreasurer. 1. Borough checks are typically signed by the President and the SecretarylTreasurer. b. The Borough does not utilize signature stamps. C. Weil maintained signature authority over the Borough's financial accounts during his tenure as Vice President. 8. There are approximately 88 households and 205 residents within the one - square mile boundaries of the Borough. a. The Borough is responsible for maintaining approximately two miles of Borough roads. 9. Council does not employ a public works department to maintain the Borough's roads, property, structures, etc. a. The Borough does not own any vehicles, equipment, tools, etc., to maintain the Borough's roads, property, structures, etc. 10. Council maintains the Borough's roads, property, structures, etc., via use of third - party contractors to perform required maintenance /repairs. a. Historically, Council has preferred to hire Council Members with general contracting experience or contractors with whom a Council Member is familiar. 1. This preference is based on a belief that projects can be completed at a cost savings by utilizing a local contractor or Council Members. 11. Council follows the public bidding provisions of the Borough Code regarding contracting procedures. a. Contracts estimated to exceed $18,500.00 are publicly advertised in the Sewickley Herald, a newspaper of general circulation. b. For contracts estimated to be more than $10,000.00, but less than $18,500.00, written or telephonic price quotations are obtained from at least three qualified contractors. 12. General contracting work that is estimated to be less than $10,000.00 is typically discussed by Council during a meeting. a. During the discussion, a Council Member may inform Council if he/she can perform the work and how much he /she will charge the Borough. b. Council has historically voted to hire the Council Member who expresses an interest in completing Borough - related work without soliciting quotes from competitors. Weil, 17 -005 aF�ge 4 C. If a Council Member does not express an interest in completing the needed repairs /maintenancelimprovements, Council will then solicit quotes for protects costing less than $10,000,00. THE FOLLOWING FINDINGS RELATE TO WEIL CONTRACTING TO PERFORM SNOW PLOWING AND SALT SPREADING SERVICES FOR THE BOROUGH. 13, Weil Winter Maintenance is a business entity that specializes in providing snow removal and salt spreading services. a. Weil Winter Maintenance is not incorporated with the Pennsylvania Department of State in any capacity. b. Weil Winter Maintenance operates from Weil's residence. C. Weil Winter Maintenance is located within the geographical boundaries of the Borough. 14. Weil Winter Maintenance has been in operation since approximately 2013. a. Weil and his spouse, Cathy Weil, each own 50% of the business. 1. Weil operates equipment and provides labor for the business. 2. Cathy Weil performs the bookkeepinglaccounting operations for the business. 3. Weil and Cathy Weil are the only employees of Weil Winter Maintenance. b. Cath Weil's Social Security number is utilized as Weil Winter Maintenance's EIN Employer Identification Number). 15. Weil Winter Maintenance was originally created to provide snow plowing and salt spreading services. a. Weil Winter Maintenance operates within an approximate ten -mile radius of the Borough. 16. Weil Winter Maintenance primarily operates during the winter months, at a time when Weil is laid off /unemployed from his primary employer. a. Weil is currently employed as an equipment operator for Golden Triangle Construction. b. Weil possesses work experience related to performing general contracting services for various employers. 17. Between 2005 and 2010, Wick Landscape Contractors Inc. was utilized to perform snow plowing and salt spreading services for the Borough. 18. In late 2010, Weil suggested to his friend, Bob Winter ( "Winter' that he and Winter perform winter maintenance i.e., snow plowing and salt spreading) services for the Borough. a. Weil proposed that he and Winter perform the services at a lesser cost than Wick Landscape Contractors Inc. Weil, 17 -005 age 5 b. Weil advocated that the services be performed under the name "Bob Winter." 19. Weil's quote submitted to the Borough in the name of "Bob Winter" proposed snow plowing and salt spreading services at the rate of $50.00 an hour. 20. At the December 14, 2010, Council meeting, Weil motioned, seconded by Cathy Cunnard, to accept the quote from "Bob Winter." a. The motion carried via a unanimous group vote with no abstention noted b. Weil participated in the vote of Council. C. At the time he made the motion and subsequently voted to accept the quote from "Bob Winter," Weil knew that he would be performing services and receiving compensation. 21. Mr. Wick ( "Wick ") was never notified by anyone from the Borough that his contract with the Borough had been unilaterally terminated. a. Wick realized that he had been replaced as the Borough's snow plowing/salt spreading contractor for the 2010/2011 season only when he arrived in the Borough for snow removal and discovered that the streets had already been plowed and salted. b. Wick telephoned Council Member William Kuriger and questioned why the streets had already been plowed and salted. C. Kuriger only tated that Wick Landscape Contractors Inc. had been replaced, and that Nick should have received notice from the Borough. d. Wick took no action against the Borough to enforce the terms of the contract he had with the Borough. 22. Weil performed the snow plowing and salt spreading services for the Borough from late 2010 through early 2012 with Winter. a. Weil did not submit any quotes to the Borough in Winter's name after the initial quote in 2010. b. Meeting minutes document no vote by Council to retain "Bob Winter" for snow plowing and salt spreading services for the Borough after December 2010. 23. Winter relocated out of the geographical boundaries of the Borough in approximately 2012. a. Weil subsequently decided to create Weil Winter Maintenance as a means to continue to perform the snow plowing and salting services for clients, including the Borough. 24. Weil informed Council of his interest in performing the snow plowing/salt spreading services for the Borough. a. Council agreed to permit Weil to perform said services, although no vote by Council approving such is documented anywhere in Council meeting minutes from 2012 through 2014. Weil, 17 -005 age 6 b. Council agreed to utilize Weil based on Council's belief that Weil would perform the snow plowing and salt spreading services at a lower price than competitors. C. The Borough neither issued any public request for proposals nor solicited phone quotes for the services. 25. The Borough has no record of Weil Winter Maintenance submitting any quotes to the Borough for winter maintenance services during the time period of 2012 through 2014. a. Weil charged the Borough $50.00 an hour for services rendered during the time period of 2012 through 2014. 26. During the time period of December 2012 through December 2014, Weil submitted thirteen invoices totaling $16,172.50 to the Borough as "Weil Winter Maintenance" and voted to approve payments and vouchers to himself as shown below: Invoice Invoice Corresponding Council Weil's Borough Borough Check Date Amount Borough Meeting Vote to Check Check Amount Voucher at which Approve Number Signed Related to Signed by Weil Invoice Payment Issued by Weil Invoice was of Invoice to Pay Approved Invoice -7- 5.00 es January 8, Affirmative 773 o 325. 2013 2 -4- 2, 75.00 es " e rua 12 ,2013 A irmative 789 0 2,375. 0 —2--To--73---$625.00 es �2 -A -irmative 789 0 625. 2013 3- - 5.00 es Marc 2, irmative 806 0 ,975. 0 2013 3- - 3 4 5.00 es Marc 2, irmative 2806 0 425. 2013 4 -2- 3 00.00 0 20a13 4, irmati ve 39 0 90 0 2- - 3 0 00.0 0 a1 0 42 o 0.00 Minutes Minutes on on File File with with Borough Borou h - - 4 2, 25.0 o anua irmative 4 a 25.00 11 2074 2- - 4 2, 25. a e ruar irmative 304 0 25.00 11 2014 2- 0- 4 800.00 a e ruary irmative 304 a 8 0.00 11 2014 3- 0- 4 500.0 o arc irmative 3057 0 ,500.00 2014 4 -7- 4 475.0 0 2 p l8, 0ecem irmative 0 a 475.00 -9- 4 522.5 o er �rmatEVe 132 0 5 .50 9 2014 Total: Total: $16 172.50 $1G '172.50 * = Date of invoice is the same as another. " = Same voucher used for two invoices. a. As a Council Member, Weil utilized the authority of his public office by voting to approve Borough payments totalingg $16,172.50 to Weil Winter Maintenance during the time period of 2013 through 2014. Weil, 17 -005 Page 7 1. As a Council Member, Weil voted to approve twelve of the thirteen Weil Winter Maintenance invoices he submitted to the Borough for payment. aa. Meeting minutes for the December 2013 Council meeting are not filed with the Borough. 2. As a Council Member, Weil signed three of the eleven Borough vouchers that were attached to the Weil Winter Maintenance invoices, signifying approval of payment from Borough funds. 27. Borough checks issued to Weil Winter Maintenance between 2013 and 2014 identify "Cathy Weil" as the payee. a. Weil did not, as an authorized Borough signatory, sign any of the checks payable to his spouse /immediate family member, Cathy Weil. 28. Weil has maintained sole signature authority over a money market savings account at Citizens Bank since February 6, 2013. 29. Weil endorsed and received all the proceeds of payments that were issued by the Borough to Cathy Weil in relation to the services billed by Weil Winter Maintenance. a. Between 2013 and 2014, Weil endorsed a total of $16,172.50 of Borough checks payable to his wife, Cathy Weil, while Weil was simultaneously serving as a Council Member. THE FOLLOWING FINDINGS RELATE TO WEIL PERFORMING GENERAL CONTRACTING WORK FOR THE BOROUGH. 30. Separate and apart from winter maintenance, Weil performed road debris clearing for the Borough on two occasions between 2013 and 2014. a. Weil performed the services as a general contractor hired by the Borough. b. The services were not provided by or through Weil Winter Maintenance. 31. There is no documentation within Council meeting minutes for either 2013 or 2014 of any Council discussions or votes approving Weil to perform road debris clearing. a. There is no evidence of an approval by Council of a rate for Weil to remove road debris. 32. Weil submitted two invoices to the Borough totaling $727.50, related to Weil performing road debris clearing during 2013 and 2014, as evidenced below: Invoice Invoice Corresponding Council Weil's Borough Borough Check Date Amount Borough Meeting Vote to Check Check Amount Voucher at which Approve Number Signed Related to Signed by Weil Invoice Payment Invoice Issued by Weil Invoice was of to Pay Approved Invoice -6 -20 5 0.00 0 - -2 0 $500.00 Affirmative _V227.60 3- 0-14 27.50 0 -20 4 irmative 66 o 227.50 Total: Total: $727.50 $727.50 Weil, 17 -005 Page 8 a. As a Council Member, Weil approved two Borough payments to himself, totaling $727.50, during the time period of 2013 through 2014. 33. Weil endorsed and received the proceeds of checks that were issued by the Borough to Weil in relation to him performing road debris clearing for the Borough in 2013 and 2014. a. Weil endorsed Borough checks totaling $727.50, payable to him, while Weil simultaneously served as a Council Member between 2013 and 2014. THE FOLLOWING FINDINGS RELATE TO WEIL'S FAILURE TO FILE STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2012, 2013, AND 2414 AS A MEMBER OF COUNCIL. 34. Statement of Financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the Ethics Act. a. Section 1104(a) mandates, in part, the following: Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. 35. Weil, in his official capacity as a Council Member, was required to file an SFI form by May 1St annually containing information for the prior calendar year. 36. Between February 21, 2017, and February 23, 2017, the Investigative Division of the State Ethics Commission conducted an SFI compliance review of the Borough. a. No SFIs were on file with the Borough for Weil regarding calendar years 2012, 2013, or 2014. 37. Weil received compensation as a Council Member in 2013, 2014, and 2015, despite the fact that Weil failed to file SFIs for calendar years 2012, 2013, and 2014, as detailed below: IRS W2 Form Total Borough Amount Related to Amount for Calendar Compensation According Performing Related to Year to IRS W2 Form and/or General Serving as Borough Checks Contracting Work Council Member 2013 0 5 .00 560.00 2014 1060. 7 7.50 227.5 5 0.00 20 5 3.33 0. 93.3 ota : 94 .83 Tota : 727.50 ota : 3.33 a. Section 1104(d) of the Ethics Act prohibits receipt of compensation from public funds by public officials, unless an SFI has been filed. b. Weil was mistakenly compensated $93.33 as a Council Member in 2015. Weil resigned from Council on December 9, 2014. 38, On March 16, 2017, during an interview with a representative of the Investigative Division of the State Ethics Commission, Weil purported the following: Weil, 17 -005 P—age 9 a. Phone quotes were submitted by Weil to the Secretary/Treasurer each year regarding Weil Winter Maintenance performing the snow plowing and salt spreading services for the Borough. 1. No record is maintained by either Weil or the Borough regarding the phone quotes. b. Weil acknowledged signing vouchers related to the payment of Weil Winter Maintenance invoices. G. Weil claimed that he did not complete SFI forms for calendar years 2012, 2013, and 2014 due to the Secretary/Treasurer not providing them to him to complete. Ill. DISCUSSION: As a Member of Council for Glenfield Borough ( "Borough "), Allegheny County, from January 12, 2010, through December 9, 2014, Respondent Mark Weil, also referred to hereinafter as "Respondent," "Respondent Weil," and "Weil "was a public official sub' ct to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et see . The allegations are that Weil violated Sections 1103(a), 1103(f), 1104(a), and 1104(d) of the Ethics Act when he: Participated in discussions and actions of Borough Council which resulted in a contract and/or agreement for services being awarded /entered into between the Borough and a business with which he and /or a member of his immediate family is associated, resulting in a pecuniary benefit to him, a member of his immediate family, and /or a business with which he /a member of his immediate family is associated; 2. Participated in discussions and actions of Borough Council which resulted in a contract and /or agreement for services valued in excess of $500.00 being awarded /entered into between the Borough and a business with which he and /or a member of his immediate family is associated, absent an open and public process; and 3. Failed to file Statements of Financial Interests ( "SFIs ") for the 2012, 2013, and 2014 calendar years. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to not pros the allegation under Section 1104(d) of the Ethics Act. Based upon the nol pros, we need not address the Section 1104(d) allegation that is no longer before us. 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: Wei[, 17 -005 Page 10 § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employyee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official/public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private ecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting: § 1103. Restricted activities (f) Contract. —No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. § 1103(f). Section 1103(f) of the Ethics Act provides in part that no public officiallpublic employee or his spouse or child or business with which the public official/public employee or his spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official/public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. Weil, 17 -005 age 11 Section 1104(a) of the Ethics Act provides that each public off iciallpublic employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. 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. The Borough is governed by a five - Member Council. Weil served as a Member of Borough Council (also referred to herein as "Council ") from January 12, 2010, through December 9, 2014. Weil served as Vice President of Council from January 11, 2014, through December 9, 2014. From at least 2011 through 2014, Council Members were not provided with a list of bills to review prior to approving payment of the bills received by the Borough since the last legislative meeting of Council. In lieu of a printed bill list, the bills to be approved for payment were read aloud at each legislative meeting. Council voted to approve the bills for payment after the bills were read aloud. A Borough voucher documenting the payee, Borough check number, check date, check amount, and reason for payment was attached to each bill. Borough vouchers were executed after Council voted to approve the bills. In order to be approved for payment, a Borough voucher required the signatures of two Council Members. The Borough is responsible for maintaining approximately two miles of Borough roads. Council does not employ a public works department to maintain the Borough's roads, and the Borough does not own any vehicles, equipment, or tools to maintain the Borough's roads. Council maintains the Borough's roads via use of third -party contractors to perform required maintenance and repairs. Historically, Council has preferred to hire Council Members with general contracting experience or contractors with whom a Council Member is familiar, based on a belief that projects can be completed at a cost savings by utilizing Council Members or a local contractor. Council follows the public bidding provisions of the Borough Code regarding contracting procedures. Contracts estimated to exceed $18,500.00 are publicly advertised in a newspaper of general circulation. For contracts estimated to be more than $10,000.00 but less than $18,500.00, written ortelephonic price quotations are obtained from at least three qualified contractors. General contracting work that is estimated to be less than $10,000.00 is typically discussed by Council during a meeting. During the discussion, a Council Member may express an interest in completing the work that is needed and inform Council how much the Borough would be charged. Council has historically voted to hire a Council Member who expresses such an interest without soliciting quotes from competitors. If a Council Member does not express an interest in completing the work estimated to be less than $10,000.00, Council will then solicit quotes for the work. Between 2005 and 2010, Wick landscape Contractors Inc. ( "Wick Landscape ") was utilized to perform snow plowing and salt spreading services for the Borough. In late 010, Weil suggested to his friend, Bob Winter ( "Winter "), that he and Winter perform snow plowing and salt spreading services for the Borough at a cost less than that charged by Wick Landscape. Weil advocated that the services be performed under the name "Bob Winter." Weil's quote under the name "Bob Winter" was submitted to the Borough for snow plowing and salt spreading services at the rate of $50.00 per hour. In December 2010, Weil motioned, and participated in a unanimous Council vote, to accept the quote from "Bob Winter." From late 2010 through early 2012, Weil performed the snow plowing and salt spreading services for the Borough with Winter. Weil did not submit any quotes to the Borough in the name of "Bob Winter' after the initial quote in 2010. Meeting minutes Weil, 17 -005 F_age 12 document no vote by Council to retain "Bob Winter" for snow plowing and salt spreading services for the Borough after December 2010. In approximately 2012, Winter relocated out of the Borough. Weil subsequently decided to create a business entity named "Weil Winter Maintenance" as a means to continue performing snow plowing and salt spreading services for clients, including the Borough. Weil Winter Maintenance is located within the Borough and has been in operation since approximately 2013. Weil and his spouse, Cathy Weil ( "Mrs. Weil "), each own fifty percent of the business, and they are the only employees of the business. Weil operates equipment and provides labor for the business, and Mrs. Weil performs the bookkeepinglaccounting operations for the business. After Weil informed Council of his interest in performing the snow plowing and salt spreading services for the Borough, Council agreed to permit Weil to perform the services based on Council's belief that Weil would perform the services at a price lower than competitors' prices. During the time period of 2012 through 2014, Weil charged the Borough $50.00 per hour for snow plowing and salt spreading services. The Borough did not publicly solicit proposals or solicit phone quotes for the snow plowing and salt spreading services, and the Borough has no record of Weil Winter Maintenance submittin g any quotes for the services to the Borough. Minutes of Council meetings from 2012 through 2014 do not document any Council votes approving Weil to perform the services. From December 2012 through December 2014, Weil submitted thirteen Weil Winter Maintenance invoices totaling $16,172.50 to the Borough. Weil voted to approve twelve of the thirteen invoices that he submitted to the Borough, and he signed three of the eleven Borough vouchers that were attached to the invoices. Weil resigned from Council on December 9, 2014, following a complaint from a resident who alleged that Weil engaged in activity that appeared to be a conflict of interest. Between February 21, 2017, and February 23, 2017, the Investigative Division of the Commission conducted an SFl compliance review of the Borough. No SFIs for Weil for calendar years 2012, 2013, and 2014 were on file with the Borough. 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 in relation to Weil's use of the authority of his office when he participated in discussions and actions of Borough Council resulting in a contract and/or agreement for services being awarded /entered into between the Borough and Weil Winter Maintenance, a business with which he and/or a member of his immediate family is associated, resulting in a private pecuniary benefit. That a violation of Section 1103(f) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(f), occurred when a contract and/or Weil, 17 -005 a}' ge 13 agreement for services valued in excess of $500.00 was awardedlentered into between the Borough and Weil Winter Maintenance, a business with which Weil and/or his spouse is associated, absent an open and public process. G. That a violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred when, as a Member of Glenfield Borough Council, Well failed to file Statements of Financial Interests for the 2012, 2013, and 2014 calendar years. d. That no action be undertaken pursuant to Section 1104(d) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(d). 4. Weil agrees to make payment in the amount of $3,000.00 in settlement of this matter, payable as follows: a. $2,500.00 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. $500.00, which represents a portion of the expenses and costs incurred by the State Ethics Commission in the investigation and administrative prosecution of the instant matter, 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. 5. Weil agrees to file complete and accurate Statements of Financial Interests with Glenfield Borough, through the Pennsylvania State Ethics Commission, for calendar years 2012, 2013, and 2014 within 30 days of the issuance of the final adjudication in this matter. 6. Weil agrees to not accept any reimbursement, compensation, or other payment from Glenfield Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. Pursuant to 51 Pa. Code § 21.30(2), Weil hereby agrees to cease and desist from engaging in any activity deemed to be in violation of the Ethics Act. 8. As part of this agreement, Weil agrees that he will immediately resign his public office as a Borough Variance Hearing Board Member. 9. As part of this agreement, Weil a rees that he will neither seek nor hold any position of public office in the Commonwealth of Pennsylvania, for a period of five (5) years from the date of this agreement forward. Weil, 17 -005 Mae 14 10, 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 2 -3. In considering the Consent Agreement, we accept the parties' recommendations for findings that: (1) a violation of Section 1103(a) of the Ethics Act occurred in relation to Weil's use of the authority of his office when he participated in discussions and actions of Borough Council relating to a contract and/or agreement for services awarded /entered into between the Borough and Weil Winter Maintenance, a business with which he and/or a member of his immediate family is associated, resulting in a private pecuniary benefit; and (2) a violation of Section 1103 (f) of the Ethics Act occurred when a contract and /or agreement for services valued in excess of $500.00 was awarded /entered into between the Borough and Weil Winter Maintenance, a business with which Weil and /or his spouse is associated, absent an open and public process. From 2010 through early 2012, Weil and his friend, Bob Winter, performed the snow plowing and salt spreading services for the Borough under the name 'Bob Winter." After Winter relocated out of the Borough in approximately 2012, Weil created Weil Winter Maintenance as a means to continue performing snow plowing and salting services for the Borough and other clients. Weil Winter Maintenance is a business with which both Weil and his wife, Mrs. Weil, are associated as the owners and employees of Weil Winter Maintenance. After Weil informed Council of his interest in performing the snow plowing and salt spreading services for the Borough, Council agreed to permit Weil to perform the services. During the time period of 2012 through 2014, Weil performed snow plowing and salt spreading services for the Borough. The Borough did not publicly solicit proposals or solicit phone quotes for the services, and the Borough has no record of Weil Winter Maintenance submitting any quotes for the services to the Borough. The minutes of Council meetings do not document any Council votes approving Weil to perform the services. During the time period of December 2012 through December 2014, Weil submitted thirteen Weil Winter Maintenance invoices totaling $16,172.50 to the Borough. Weil used the authority of his office when, as a Council Member, he voted to approve twelve of the thirteen invoices that he submitted to the Borough and signed three of the eleven Borough vouchers that were attached to the invoices. Based upon the Stipulated Findings and the Consent Agreement, we hold that Weil violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his use of the authority of his office when he participated. in discussions and actions of Council relating to a contract and /or agreement for services awarded /entered into between the Borough and Weil Winter Maintenance, a business with which he and /or a member of his immediate family is associated, resulting in a private pecuniary benefit. We further hold that a violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 11030, occurred when a contract and /or agreement for services valued in excess of $500. 0 was awarded/entered into between the Borough and Weil Winter Maintenance, a business with which Weil and /or his spouse is associated, absent an open and public process. Weil, 17 -005 age 15 We agree with the parties, and we hold, that a violation of Section 1104(a) of the Ethics Act, 65 Pa-C.S. 51 104(a), occurred when Weil failed to file SFIs for the 2012, 2013, and 2014 calendar years. As part of the Consent A reement, Weil has agreed to maKe payment in ine arncum of $2,500.00 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. Weil has further agreed to make payment to this Commission in the amount of $500.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable 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. Weil has agreed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Weil has further agreed to file complete and accurate SFIs with the Borough, through this Commission, for calendar years 2012, 2013, and 2014 within thirty (30) days of the issuance of the final adjudication in this matter. Weil has additionally agreed to cease and desist from engaging in any activity deemed to be in violation of the Ethics Act. Finally, Weil has agreed that he will immediately resign his public office as a Borough Variance Hearin Board Member and that he will neither seek nor hold any position of public office in the Commonwealth of Pennsylvania for a period of five years from the date of the Consent Agreement (December 20, 2017) forward. 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, Weil is directed to make payment in the amount of $2,500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Weil is further directed to make payment to this Commission in the amount of $500.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Weil is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Weil is directed to file complete and accurate SFIs for calendar years 2012, 2013, and 2014 with the Borough, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Weil is ordered to fulfill his agreement to cease and desist from engaging in any activity deemed to be in violation of the Ethics Act. Weil, 17 -005 page 96 Finally, Weil is ordered to fulfill his agreement that he will immediately resign his public office as a Borough Variance Hearing Board Member and will neither seek nor hold any position of public office in the Commonwealth of Pennsylvania fora period of five years from the date of the Consent Agreement (December 20, 2017) forward. 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 Council for Glenfield Borough ("Borough "), Allegheny County, from January 12, 2010, through December 9, 2014, Respondent Mark Weil ( "Weil ") was a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. Weil violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. 1103(a), in relation to his use of the authority of his office when he participated in discussions and actions of Borough Council relating to a contract and/or agreement for services awarded /entered into between the Borough and Weil Winter Maintenance, a business with which he and/or a member of his immediate family is associated, resulting in a private pecuniary benefit. 3. A violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when a contract and/or agreement for services valued in excess of $500.00 was awarded/entered into between the Borough, and Weil Winter Maintenance, a business with which Weil and/or his spouse is associated, absent an open and public process. 4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Weil failed to file Statements of Financial Interests for the 2012, 2013, and 2014 calendar years. In Re: Mark Weil, File Docket: 17 -005 Respondent Date Decided: 1131118 Date Mailed: 215118 ORDER NO. 1725 1. Mark Weil, as a Member of Council for Glenfield Borough ( "Borough "), Allegheny County, violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his use of the authority of his office when he participated in discussions and actions of Borough Council relating to a contract and /or agreement for services awardedlentered into between the Borough and Weil Winter Maintenance, a business with which he and/or a member of his immediate family is associated, resulting in a private pecuniary benefit. 2. A violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when a contract and/or agreement for services valued in excess of $500.00 was awardedlentered into between the Borough and Weil Winter Maintenance, a business with which Weil and/or his spouse is associated, absent an open and public process. 3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(x), occurred when Weil failed to file Statements of Financial Interests for the 2012, 2013, and 2014 calendar years. 4. Per the Consent Agreement of the parties, Weil is directed to make payment in the amount of $2,500.00 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. 5. Per the Consent Agreement of the parties, Weil is further directed to make payment to the Pennsylvania State Ethics Commission in the amount of 500.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30) day after the mailing date of this Order. Weil is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Weil is directed to file complete and accurate Statements of Financial Interests for calendar years 2012, 2013, and 2014 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. Weil is ordered to fulfill his agreement to cease and desist from engaging in any activity deemed to be in violation of the Ethics Act. Weil is ordered to fulfill his agreement that he will immediately resign his public office as a Borough Variance Hearing Board Member and will neither seek nor hold Wei[, 17 -005 F -a-g—e 18 any position of public office in the Commonwealth of Pennsylvania for a period of five years from the date of the Consent Agreement (December 20, 2017) forward. 10. Compliance with paragraphs 4, 5, 6, 7, 8, and 9 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 COMMISSION, a is o as o a e a, air �;