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HomeMy WebLinkAbout1745 CoulterPHONE: 717- 783 -1610 TOLL FREE: 1- 800 -932 -0936 In Re: Jimmie B. Coulter, Respondent J 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.gov 17 -001 Order No. 1745 10/23/18 10/31/18 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 g., 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." 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 Jimmie Coulter, a public official /public employee in his capacity as a Member and Vice President of Donora Borough Council, Washington County, violated Sections 1103(a), 1104(a), 1'105(a), 1105(6)(1), 1105(b)(4), 1105(b)(5), 11016)(7), and 1 05(b)(8)] of the State Ethics Act (Act 93 of 1 g98$) when he used the authority off his public position for a private pecuniary benefit of himself, and/or a business with which he is associated, by directing, utilizing, and/or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business; when he directed, utilized, and/or authorized Borough employees and/or Borough equipment to remove and dispose of construction /demolition debris from his business location, thereby avoiding disposallcollection fees; when he utilized the authority of his position as a public official by soliciting and obtaining a payment from a subordinate public employee for himself and/or a business with which he is associated; when he failed to file Statements of Financial Interests for the 2013 and 2014 calendar years; and when he filed a deficient Statement of Financial Interests for the 2015 calendar year by failing to disclose his governmental entity, creditors, all sources of income, any transportation /hospitalityllodging received, and any office /directorship /employment in any business entity. II. FINDINGS: 1. Jimmie Coulter ( "Coulter ") has served as an elected Councilman for Donora Borough ( "Borough "), Washington County, from January 6, 2014, through the present. Coulter, 17 -001 a2 a. Coulter has served as Vice President of Borough Council ( "Council ") since January 2016. 2. The Borough is governed by a seven - Member Council. a. Council holds a legislative meeting on the third Thursday of each month. b. A workshop is held on the first Thursday of each month. C. Special meetings are held as needed. 3. Council Members are appointed by the Council President to three- Member committees which oversee Borough departments and functions (Legal, Finance, Police, Street, Code, Recreation, Community Affairs/Municipal Building). a. The committees meet on an as- needed basis. 1. Coulter was appointed to the Street, Finance, and Public Safety committees in January 2016. aa. Coulter was the Chairman of the Street Committee from January 2016 until August 2017. bb. Council reorganized in August 2017, at which time Coulter was reassigned to the Community Affairs/Municipal Building, Recreation, and Finance committees. b. The role of committees is to serve as the liaison between Council and the specific department. 1. The Street Committee, specifically the Chairman, would direct the Street Commissioner as to street - related work assignments. 4. Council Members receive a monthly salary of $100.00 for their service on Council. a. The salary is received regardless of attendance at Council meetings. 5. The Borough Administrator oversees the day -to -day administrative functions of the Borough, including but not limited to the following: • Accounts payable /receivable; • Grant writing; • Maintaining and filing Borough records; • Drafting the Borough budget; • Preparing Council material; and • Managing the Administrative Office staff. a. The Borough Administrator answers /reports to Council. b. The Borough Administrator is an at -will position. Coulter, 17 -001 a1g'e -' 6. The Council President, Vice President, Treasurer /Finance Chairman, and Borough Administrator hold signature authority over the Borough's financial accounts. a. Checks require the live signatures of at least two authorized signatories. 1. The Borough Administrator normally serves as one signatory for Borough checks. b. The Borough does not utilize facsimile signature stamps. 7. The Borough Office maintains normal business hours of 8:30 a.m. to 4:30 p.m., Monday through Friday. a. During 2016, Borough Administrative Office personnel consisted of Dennis Fisher (Borough Administrator), Marsha Lawson (Bookkeeper), and Terri Petroske (Borough Secretary). b. Victoria Vernet worked park -time as an intern at the Borough Office from January 2016 to September 2016. THE FOLLOWING FINDINGS RELATE TO COULTER DIRECTING, UTILIZING, AND/OR AUTHORIZING BOROUGH STAFF TO PREPARE FINANCIAL STATEMENTS, INSURANCE CLAIMS, AND LOTTERY PAPERWORK FOR HIS PRIVATE BUSINESS. 8. Coulter has been the owner /manager of Ondray's Deli, LLC ( "Ondray's ") since October 2015. a. Ondray's is located at 501 Allen Avenue within the Borough. 1. Ondray's was formerly known as Charolette's Deli, while under different ownership. 9. On the evening of May 22, 2016, the Borough Police and Fire Departments responded to a dispatch for running water at Ondray's. a. A pipe burst in the building, causing extensive water damage to Ondray's that resulted in the closure of the store until November- December of 2016. 10. Immediately following the flooding, Coulterfiled an insurance claim with Nationwide Insurance. a. Coulter's claim was assigned claim no. 583711929PE16052251. 11. On the afternoon of Friday, June 3, 2016, Coulter traveled to the Borough Municipal Building and met with Borough Administrator Dennis Fisher ( "Fisher ") in the conference room of the Borough Office. a. Coulter and Fisher interacted weekly in 2016 to discuss Borough business. 1. Fisher normally conducted Borough business with Coulter at the Borough Municipal Building or at Ondray's. 12. During the June 3, 2016, meeting at the Borough Municipal Building, Coulter presented Fisher with receiptslinvoices which detailed Ondray's inventory (food, drinks, etc.) that was damaged due to the ruptured pipe as well as pictures of the damage to the store. Coulter, 17 -001 ala gel a. Coulter directed Fisher to copy, scan, and email the documents to Nationwide Insurance as part of his insurance claim. 1. Coulter provided Fisher with the Nationwide Insurance contact information. 2. Coulter advised Fisher that his insurance claim would be dropped if the material was not submitted to Nationwide Insurance immediately. 13. Council President Dennis Gutierrez ( "Gutierrez ") and Councilman/Treasurer John Conger ( "Conger ") subsequently arrived in the Borough Office to conduct Borough business. 14. While at the Borough Office, Fisher informed Gutierrez and Conger that Coulter had directed him to copy, scan, and email Coulter's personal receipts and pictures to Nationwide Insurance in association with Coulter's claim for Ondray's. a. Neither Gutierrez nor Conger instructed Fisher to not perform the task Coulter directed. 1. Gutierrez and Conger directed Fisher to ensure Coulter paid the Borough for the services being provided. 15. Fisher delegated to Borough intern Victoria Vernet ( "Vernet ") the task of copying each receipt and photo provided by Coulter. a. Fisher told Vernet to prioritize Coulter's project over other business. b. Vernet questioned the appropriateness of the assignment as it was not Borough - related business. C, Fisher nonetheless directed Vernet to complete the assignment. d. Verret was not able to complete the assignment by the end of her workday. 16. On the morning of Monday, June 6, 2016, Fisher and Verret continued to copy /scan the pictures /receipts at the Borough Office. a. Once completed, Fisher utilized the Borough's email address to submit the copied /scanned items to Nationwide Insurance. 17. Coulter returned to the Borough Office during the afternoon of June 6, 2016, with Pennsylvania Lottery tickets from Ondray's and directed Vernet to inventory the Pennsylvania Lottery tickets onto an Excel spreadsheet. a. Coulter instructed Vernet to fax the Excel spreadsheet to the Pennsylvania Lottery upon completion. b. Vernet completed the inventory that afternoon and faxed the Excel spreadsheet. 18. Upon completion, Fisher informed Coulter that the items had been emailed to Nationwide Insurance and faxed to the Pennsylvania Lottery, as Coulter had instructed. a. Fisher returned the original records, along with copies, to Coulter. Coulter, 17 -001 ' a 19. Fisher generated invoice no. 06092016A, dated June 9, 2016, billing Coulter / Ondray's $334.07 for the scan /copy and labor costs. a. Fisher determined the costs associated with the invoice by accounting or hours that he and Vernet worked on the project as well as estimated Tees from Staples and Amcom Printer to scan /copy the documents. Fisher utilized his and Vernet's hourly wages to determine the labor costs. 20. On or about June 13, 2016, Fisher provided the invoice to Coulter at Ondray's while obtaining signatures for Borough checks. a. Upon receiving the invoice from Fisher on June 13, 2016, Coulter made a cash payment in the amount of $334.07 to Borough Bookkeeper Marsha Lawson ( "Lawson "). b. Lawson deposited the cash into the Borough's general fund on June 14, 2016. 21. On June 13, 2016, Gutierrez, Conger, and Fisher met with Solicitors Ray Amatangelo and Justin Walsh to discuss Coulter's personal use of the Borough staff /resources. a. Amatangelo and Walsh advised the Borough to prohibit the personal use of Borough staff /resources and to ensure Coulter reimbursed the Borough for the personal work performed by the Borough staff. 22. Gutierrez questioned Coulter in a private conversation about utilizing the Borough staff to submit material for his personal insurance claim and emphasized to Coulter that personal use of Borough staff was prohibited. a. Coulter claimed his personal computer was damaged from the flooding and he was unable to personally file the insurance claim. b. Coulter acknowledged that personal use of Borough staffers was unacceptable. 23. At Council's July 7, 2016, workshop session, a discussion was held regarding Coulter utilizing the Borough staff for personal use. a. During the discussion, Coulter admitted to utilizing Borough staffers to assist in filing his personal insurance claim, that he had been billed by the Borough, and that he had paid the Borough pursuant to the invoice. b. Council Members agreed that the personal use of Borough staffers was prohibited. 24. Coulter, a public official in his capacity as a Borough Councilman, realized a private pecuniary benefit of at least $334.07 when he utilized the authority of his public office to authorize, direct, and /or utilize Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business. a. Coulter was invoiced by the Borough for the copying services and paid the invoiced amount of $334.07 in full. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT COULTER AUTHORIZED, DIRECTED, OR OTHERWISE UTILIZED BOROUGH EMPLOYEES AND Coulter, 17 -001 a6 RESOURCES TO REMOVE AND DISPOSE OF CONSTRUCTION/DEMOLITION DEBRIS FROM HIS BUSINESS LOCATION. 25. The Borough Street Department ( "Street Department ") is responsible for maintaining the Borough streets, parks, and railroad. a. The Street Department's regular hours of operation are Monday through Friday from 7:00 a.m. to 3:00 p.m. b. The Street Department consisted of three full -time and three part-time employees in 2016. 26. The Street Department operates from the Borough garage located at Galliffa Drive. a. The Borough garage houses Borough vehicles and equipment, including dump trucks and excavating equipment. b. The Borough garage is maintained at a location separate from the Borough Municipal Building. 27. The day-to-day operations of the Street Department were managed by Street Commissioner /Code Enforcement Officer Tim Durka ( "Durka "). a. Durka served as the Borough Street Commissioner from September 10, 1987, to October 17, 2017. 1. Durka passed away on October 17, 2017. 28. Durka organized work and delegated or directed work to the Street Department employees each morning. a. In Durka's absence, Durka delegated task assignments to Street Department employee Dean Fronzaglio. 29. As the Street Committee Chairman, Coulter conferred with andlor provided direction to Durka on Borough projects, day -to -day Street Department operations, and citizen complaints. 30. The Borough maintains a garbage disposal contract with Fayette Waste, LLC ( "Fayette Waste ") for both residential and commercial properties. a. The most recent contract with Fayette Waste was approved by Council at the Borough's November 12, 2015, regular meeting. 1. Coulter voted affirmatively to approve the contract. b. Per the existing contract, Fayette Waste provides the Borough with three dumpsters. 1. Two dumpsters are located at the Borough garage for use by the Street Department, and the third dumpster is located at the Borough Municipal Building. C. Per Section 12 of the service contract, Fayette Waste provides refuse pickup service and dumpster services for the Borough Municipal Building, Borough garage, and Borough -owned property at no extra cost. Coulter, 17 -001 a�7 31. Fayette Waste's contract with the Borough does not include the collection of construction debris from any commercial or residential accounts. a. However, according to Street Department personnel, the Borough regularly collected construction and other debris from residential and/or commercial locations within the Borough. 32. Coulter began renovations/repairs at Ondray's in or around May 2016. a. Coulter opened an account with Fayette Waste on May 17, 2016, for a roll - off container to dispose of material from the renovations/repairs. The dumping fee for a roll -off container is $400.00 with a $125.00 monthly rental fee thereafter. b. Restoration efforts included the removal of damaged building material from the store. 33. In or about July /August 2016, Coulter contacted Durka and asked him if the Street Department would dispose of building material (plywood, drywall, and flooring) located on the curb at Ondray's. 34. Durka subsequently instructed Street Department employees to use the Borough's backhoe and tandem truck to load and haul material from Ondray's to the Westmoreland Sanitary Landfill. a. The Street Department employees followed Durka's instructions. 35. On or about September 14, 2016, Coulter contacted Durka and again asked Durka to have the Street Department dispose of building material on the curb at Ondray's. a. The items consisted of damaged building material, drywall, and flooring. 36. Durka instructed Street Department employees to use the Borough's F350 one -ton dump truck to pick up building material from the curb at Ondray's and to dispose of the material in the Borough dumpster. 37. The Borough has an unwritten policy that the Street Department will often pick up and remove material /refuse from curbside commercial and residential locations. a. Coulter's actions were in line with the unwritten Borough policy. THE FOLLOWING FINDINGS RELATE TO COULTER'S SOLICITATION OF A MONETARY PAYMENT FROM A SUBORDINATE BOROUGH EMPLOYEE. 38. Fisher was employed as the Borough Administrator from March 10, 2010, until January 8, 2017. a. Fisher's interaction with Coulter was limited in 2014 and 2015, however his interaction increased in 2016 as a result of Coulter's appointment as Vice President of Council. b. Fisher met with Coulter on a weekly basis at Ondray's and/or the Borough Office to obtain Coulter's signature on Borough checks. Fisher occasionally purchased breakfast or lunch at Ondray's and socialized with Coulter while at the store on Borough business. Coulter, 17 -001 al�� 2. Fisher did not socialize with Coulter outside of Borough business and/or beyond patronizing Ondray's. 39. At various times in 2015 and 2016, multiple Council Members, including Coulter, were dissatisfied with Fisher's performance as the Borough Administrator. a. Council Members expressed concerns with one another and with Fisher directly regarding Fisher's performance as the Borough Administrator. b. During 2015 -2016, numerous Council Members privately discussed removing Fisher as the Borough Administrator. C. Coulter was on Council at that time and aware of some Council Members' concerns. 40. In February 2015, Council took disciplinary measures against Fisher for his actions regarding the purchase of Borough equipment, his availability as the Borough Administrator to remain in the Borough Office, and his contact with the news media. a. Council issued Fisher a written reprimand, dated February 15, 2015, which detailed Council's dissatisfaction with Fisher and reaffirmed its expectations of Fisher as the Borough Administrator. b. The letter was signed by Council President Karen Polkabla and Vice President Jason Menendez. 41. In 2016, during executive sessions, Council discussed the termination of Fisher as the Borough Administrator. a. The discussions were prompted by continued concerns with Fisher's job performance. b. Coulter was present during the executive sessions. C. Gutierrez contacted the Pennsylvania State Association of Boroughs to seek guidance as to filling the Borough Administrator position. 42. In August 2016, Council imposed additional disciplinary measures against Fisherfor his inability to keep himself available by cellphone, his mishandling of Council directives, and his failure to keep Council informed on Borough - related matters. a. The disciplinary action was detailed in three separate letters to Fisher, each dated August 1, 2016. 1. Gutierrez drafted the letters once Council agreed to pursue disciplinary action against Fisher. 2. Gutierrez provided copies of the letters to each Council Member, including Coulter, for input/review prior to issuing the letters to Fisher. b. Gutierrez presented the letters to Fisher at Council's August 4, 2016, workshop session. C. The first two letters were Letters of Warning noting the Finance Committee's dissatisfaction with Fisher, while the third letter questioned Fisher's availability. Coulter, 17 -001 Page 9 d. Coulter signed the first two letters, which were placed in Fisher's personnel file. 43. The third letter referenced the two Letters of Warning and detailed Council's decision to place Fisher on three days of unpaid leave. a. The third letter also detailed Council's concerns with Fisher's inability to handle Council directives. b. Each Member of Council, including Coulter, signed the third letter. C. A copy of the third letter was placed in Fisher's personnel file. 44. On August 5, 2016, Coulter initialed the Administrative Office staff timesheets next to Fisher's name with a "JBC" signifying authorization to withhold two days of pay from Fisher's regular salary. a. Fisher's regular wages were docked a total of $419.04 (two days salary at $209.52). 45. After receiving the August 1, 2016, disciplinary letters, Mayor Donald Pavelko ( "Pavelko ") informed Fisher that Gutierrez wanted Fisher removed as the Borough Administrator. 46. Following Fisher's conversation with Pavelko, Fisher began actively seeking other employment. a. Fisher's search was driven by his 2015 and 2016 reprimands as well as Gutierrez's statement that he wanted Fisher removed. 47. On or about October 11, 2016, Fisher traveled to Ondray's to obtain Coulter's signature on Borough checks. a. While signing Borough checks, Coulter and Fisher discussed the reopening of Ondray's. 1. Coulter expressed frustration in having financial difficulties relating to Ondray's expenses. 48. In the same conversation, Coulter sought a loan from Fisher for $600.00 to assist in payment of Ondray's utility bills. a. Coulter solicited funds from Fisher at a time when Fisher was a Borough employee subordinate to Coulter as a Council Member. b. Coulter solicited funds from Fisher after Coulter, as a Council Member, signed disciplinary letters against Fisher. 49. Fisher agreed to pay Coulter the $600.00 that Coulter requested. a. Fisher provided Coulter with a personal check dated October 11, 2016, in the amount of $600.00. b. The memo section of the check noted "Business Loan." 50. In a statement under oath provided to Commission investigators on March 21, 2017, Fisher stated as follows: Coulter, 17 -001 P ge TO Q. And the reason you gave him that $600 was what again? A. Mostly because I really felt sorry for him. He's trying to get this. But yeah, there's going to be a little bit of pressure there because he is vice- president of council. Q. Did you think if you did not give him that $600 that there would be any kind of retribution? A. There would always be that possibility. Q. Was that something that crossed your mind? A. It did. I won't lie. It did cross my mind. Q. Did that play a factor in your decision in giving him the $600? A. Not so much as just trying to help him out to get his store open. I just kind of felt sorry for the guy. Q. So you felt sorry for the guy. But did it play any of a factor that possibly if you didn't give him the $600, he might not have your back anymore? A. True. Yes, sir. 51. On October 11, 2016, Coulter negotiated Fisher's personal check. 52. On October 11, 2016, Coulter received Nationwide Insurance claim check no. 5381843 in the amount of $7,048.79 and deposited it into Ondray's PNC Bank business checking account. a. The Nationwide Insurance check was one of several insurance claim payments relating to the water damage to Ondray's. b. Ondray's PNC Bank account maintained a balance of less than $100.00 from October 6 t to 11th of 2016. 53. Coulter repaid Fisher the full $600.00 on October 12, 2016. a. Coulter provided Fisher with check no. 1099, drawn from Ondray's PNC Bank business checking account. 1. Coulter is an authorized account holder of the account. 2. The memo section of the check noted "Paid in Full." b. Fisher negotiated check no. 1099 on October 18, 2016. 54. One week after Fisher pave Coulter $600.00 (October 11, 2016), Fisher again met with Coulter at Ondray s to obtain his signature on Borough checks. Coulter, 17 -001 -age–T1 a. While signing the checks, Coulter and Fisher discussed the reopening of Ondray's. 1. Coulter again expressed frustration in havin financial difficulties that were creating hardship in the reopening of Kdray's. 55. In conversation, Fisher discussed with Coulter the amount of funding that was necessary to reopen Ondray's. a. Coulter told Fisher he needed $20,000.00 and questioned whether Fisher could provide him with that amount. b. Fisher replied that he was unable to give $20,000.00. C. Coulter then requested that Fisher provide $5,000.00. d. At the time Coulter solicited money from Fisher, Fisher was a Borough employee subordinate to Coulter as a Council Member. 56. Fisher agreed to provide Coulter with $5,000.00 but needed time until the funds were available. a. Fisher explained to Coulter that he was expecting a holiday savings check (Christmas Club) from a bank. b. Coulter purported that he would repay Fisher monthly in payments of $500.00. 57. On or around October 18, 2016, Fisher received his Christmas Club check from the bank. 58. Fisher held his Christmas Club check for several days prior to depositing it because Fisher was reluctant to give Coulter the $5,000.00 and hoped with the passage of time, Coulter would not continue to pursue the money from him. 59. Coulter was persistent in his effort to secure the $5,000.00 from Fisher and had multiple contacts with Fisher during Fisher's work hours at the Borough Municipal Building. a. Coulter contacted Fisher on at least two occasions at the Borough Office, inquiring about the money. b. Coulter inquired about the money while signing Borough checks on at least one other occasion. C. Fisher delayed payment of the $5,000.00 with the hope that Coulter would stop inquiring about the money. 60. On or about October 27, 2016, after multiple days of being pressured for the money by Coulter, Fisher delivered a personal check to Coulter in the amount of $5,000.00. a. Fisher provided Coulter with a personal check dated October 27, 2016, in the amount of $5,000.00. b. The memo section of the check noted " Ondrays Deli LLC Business Loan." C. There was no loan agreement between Fisher and Coulter. Coulter, 17 -001 aFage—T2 61. In a statement under oath provided on March 21, 2017, Fisher stated the following as to the $5,000.00 payment: Q. So you initially indicated to him that you would give him this money. But, in fact, you really didn't want to? A. No, I didn't want to, sir. A. Ultimately, I did, a combination of pressure with my job and also, like I said before, trying to help a person out. But kind of mixed emotions between those two ideas, trying to help the guy back in business so he could pay me back. And at the same time, getting all this stuff, unfounded charges from council that totally document approval beyond my control. And then plus the fact you hear the rumors that hey, they're going to get rid of you. I heard that from many people. Q. Was there any concern in your mind that if you didn't provide Mr. Coulter with this money, that then you may lose his support? A. To some extent, absolutely. Yes, sir. Yes, sir. Q. Okay. All right. And by providing Mr. Coulter then the money he requested, it was a bit of insurance for yourself on the board? A. To some extent, yes, sir. A. I felt pressured. Yes, sir. Q. All right. And after you provided -- -after you actually gave him that money, what did Mr. Coulter say at that point to you? A. Like he always said. He says you know I've got your back. 62. After receipt of Fisher's payment, Coulter commented to Fisher that he (Coulter) would be supportive of Fisher in regard to personnel matters with Council. a. Coulter told Fisher "you know I've got your back." 1. Coulter's comment was in reference to the disciplinary actions taken by Council against Fisher. b. Fisher interpreted Coulter's statement as a measure of protection Coulter would provide regarding Council. C. Coulter directed Fisher to keep the payment secret. Coulter, 17 -001 age— ge -T3 63. Coulter negotiated Fisher's personal check on October 27, 2016, by depositing $4,500.00 into Ondray's PNC Bank account and retaining the remaining $500.00 in cash. a. The check was deposited the same day that Coulter received the funds from Fisher. 64. The payments of the initial $600.00 and the subsequent $5,000.00 were not documented as a loan, promissory note, etc. a. The payments to Coulter were the only times that Fisher made a payment to any Council Member. b. Fisher had never before provided any individual with cash or payment of money totaling more than $600.00. 65. On or about December 22, 2016, Fisher submitted his retirement notice to Council and the Mayor. a. The retirement notice noted January 7, 2016, as Fisher's last effective date of employment as Borough Administrator. b. Fisher retired in order to accept employment with the Washington County Housing Authority. 66. In January 2017, prior to leaving the Borough, Fisher requested that Coulter provide him with the first $500.00 repayment as promised. a. Coulter told Fisher that he did not have the money available. b. At that time, Coulter had not made any repayment as promised for either November or December 2016. G. Fisher requested that Coulter begin making payments the following month (February 2017). 67. Coulter realized a private pecuniary benefit of $5,000.00 when, in his capacity as a Borough Council Member, he utilized his authority of office to solicit and receive a payment of $5,000.00 from a subordinate Borough employee with the promise he would protect the employee's position. THE FOLLOWING FINDINGS RELATE TO COULTER'S FAILURE TO FILE COMPLETE AND ACCURATE STATEMENT OF FINANCIAL INTERESTS FORMS FOR THE 2013, 2014, AND 2015 CALENDAR YEARS. 68. Statement of Financial Interests ( "SFI ") filing requirements for public officials and public employees are mandated by Section 1104 of the State Ethics Act. a. Section 1104(a) of the State Ethics Act sets forth that each public official of the Commonwealth shall file an SFI for the preceding calendar year with the Commission no later than May 1 of each year that he holds such position and of the year after he leaves such position. 1. Coulter was required to file an SFI by May 1$t annually in his position as a Borough Council Member. Coulter, 17 -001 P gT4 69. Information to be disclosed on SFIs filed by public officials and public employees is mandated by Section 1105 of the State Ethics Act. a. Section 1105(b)(5) mandates disclosure of the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. b. Section 1105(b)(8) mandates disclosure of any office, directorship, or employment of any nature whatsoever in any business entity. 70. On January 19, 2017, an SFI compliance review was conducted at the Donora Borough Municipal Building, 601 Meldon Avenue, Donora, Pennsylvania 15033. a. An SFI for calendar year 2015 for Coulter was on file with the Borough. b. The review confirmed no SFI on file for Coulter with the Borough for either calendar year 2013 or calendar year 2014. 71. Coulter filed an SFI for calendar year 2015 in compliance with Section 1104(a) of the State Ethics Act. a. The SFI filed by Coulter for calendar year 2015 documented the following on the bottom of the form: "This form is considered deficient if any block above is not completed." 72. Coulter failed to disclose the following on his calendar year 2015 SFI: a. His governmental entity; b. The name and address of any creditors; G. Transportation, lodging, or hospitality; and d. Any office, directorship or employment in any business entity. [73.] Each of the above sections on Coulter's calendar year 2015 SFI was left blank. III. DISCUSSION; As a Member of Council for Donora Borough ( "Borough I Washington County, from January. 6, 2014, through the resent, Respondent Jimmie Coulter, also referred to hereinafter as Respondent, Respondent Coulter, ` and Coulter, has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act "), 65 Pa.C.S. § 1101 et seq. The allegations are that Coulter violated Sections 1103(x), 1104(a), 1105(a), 1105(b)(1), 1105(b)(4), 1105(b)(5), 1105(b)(7), and 1105(b)(8) of the Ethics AAct: (1) when he used the authority of his pubbllic position for the private pecuniary benefit of himself and/or a business with which he is associated by directing, utilizing, and/or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business; (2) when he directed, utilized, and/or authorized Borough employees and /or Borough equipment to remove and dispose of construction /demolition debris from his business location, thereby avoiding disposal /collection fees; (3) when he utilized the authority of his position as a public official by soliciting and obtaining a payment from a subordinate ppublic employee for himself and /or a business with which he is associated; (4) when he failed to file Statements of Financial Interests ( "SFIs ") for the 2013 and 2014 calendar years; and (5) when he filed a deficient SFI for the 015 calendar year by failing to disclose his governmental entity, creditors, all sources of income, any Coulter, 17 -001 Pg T5 transportation /hospitality /lodging received, and any office/directorship/employment in any business entity. Per the Consent Agreement of the parties, the Investigative Division has exercised its prosecutorial discretion to nol pros the allegations under Sections 1105(a), 1105(b)(1), 1105(b)(4), 11051b)(5), 1105(b)(7 , and 1105(b)(8) of the Ethics Act. Based upon the nol pros, we need only address the allegations under Section 1103(a) and Section 1104(a) of the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. --No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa. C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(x) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private ecuniary benefit of the public officiallpublic employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1104(a) of the Ethics Act provides that each public officiallpublic 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. Coulter has served as a Member of Borough Council (also referred to herein as "Council ") from January 6, 2014, through the present. Coulter has served as Vice President of Council since January 2016. Coulter, 17 -001 ate g -T6 Council consists of seven Members. Council Members receive a monthly salary of $100.00 for their service on Council. Since October 2016, Coulter has been the owner /manager of Ondray's Deli, LLC { "Ondray's "), which is located in the Borough. On May 22, 2016, the Borough Police Department and the Borough Fire Department responded to a dispatch for running water at Ondray's. A ppipe had ruptured and caused flooding in Ondray's. Extensive water damagge resulted in Ondray's closure until at least November 2016. Immediately following E flooding, Coulter filed an insurance claim with Nationwide Insurance ("Nationwide"). On June 3, 2016, Coulter met with Borough Administrator Dennis Fisher ( "Fisher ") in the Borough Office. Coulter presented Fisher with receipts which detailed Ondray's inventory that was damaged due to the flooding and with pictures of the damage to the store. Coulter directed Fisher to copy and scan the receipts and pictures and email them to Nationwide as part of Coulter's insurance claim. Coulter provided Fisher with the Nationwide contact information and advised him that the insurance claim would be dropped if the material was not submitted to Nationwide immediately. When Council President Dennis Gutierrez ("Gutierrez ") and Councilman/Treasurer John Conger ( "Conger ") arrived in the Borough Office to conduct Borough business, Fisher informed them that Coulter had directed him to copy and scan the receipts and pictures and email them to Nationwide in association with Coulter's insurance claim. Gutierrez and Conger did not instruct Fisher not to perform the task but directed Fisher to ensure that Coulter paid the Borough for the services that were being provided to him. Fisher delegated to Borough intern Victoria Vernet ( "Vernet ") the task of copying each receipt and photo provided by Coulter, and he told her to prioritize Coulter's project over other business. Vernet was not able to complete the assignment by the end of her workday, so on the morning of June 6, 2016, Fisher and Vernet continued to copy and scan the receipts and pictures. Upon completion of the copying and scanning, Fisher used the Borough's email address to submit the receipts and pictures to Nationwide. On the afternoon of June 6, 2016, Coulter returned to the Borough Office with Pennsylvania Lottery tickets from Ondray's. Coulter directed Vernet to inventory the Pennsylvania Lottery tickets onto an Excel spreadsheet and fax the completed Excel spreadsheet to the Pennsylvania Lottery. Vernet finished the inventory and faxed the Excel spreadsheet to the Pennsylvania Lottery that afternoon. Fisher subsequently informed Coulter that the items had been emailed to Nationwide and faxed to the Pennsylvania Lottery as Coulter had instructed. Fisher generated invoice no. 06092016A, dated June 9, 2016, that billed Coulter / Ondray's $334.07 for the copy /scan and labor costs. Fisher determined the costs associated with the invoice based upon the hours that he and Vernet worked on the project and their hourly wages as well as estimated fees from Staples and Amcom Printer to copy/scan the documents. On or about June 13, 2016, Fisher provided the invoice to Coulter, who then made a cash payment in the amount of $334.07 to the Borough Bookkeeper. The parties have stipulated that Coulter realized a private pecuniary benefit of at least $334.07 when he utilized the authority of his public office to authorize, direct, and/or utilize Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business. The Borough maintains a garbage disposal contract with Fayette Waste, LLC for both residential and commercial properties. The garbage disposal contract does not include the collection of construction debris from any commercial or residential accounts. Per the garbage disposal contract, refuse pickup service and dumpster services are provided for the Borough Municipal Building, Borough garage, and Borough -owned Coulter, 17 -001 al g`e T7 property at no extra cost. Two dumpsters are located at the Borough garage for use by the Borough Street Department ( "Street Department' The Borough has an unwritten policy that the Street Department will often pick up and remove material /refuse from curbside commercial and residential locations within the Borough. In or around May 2016, Coulter began renovations and repairs at Ondray's that included the removal of damaged building material. On May 17, 2016, Coulter opened an account with Fayette Waste, LLC for a roll -off container to dispose of material from the renovations and repairs. In or about July or August 2016, Coulter contacted Borough Street Commissioner Tim Durka ( "Durka ") and asked him if the Street Department would dispose of building material that was on the curb at Ondray's. Durka subsequently instructed Street Department employees to use the Borough's backhoe and tandem truck to load and haul the building material from Ondray's to the Westmoreland Sanitary Landfill. On or about September 14, 2016, Coulter again contacted Durka and asked him to have the Street Department dispose of building material that was on the curb at Ondray's. Durka instructed Street Department employees to use the Borough's F350 one -ton dump truck to pickup building material from the curb at Ondray's and dispose of it in a Borough dumpster. The parties nave stipulated that Coulter's actions were in line with the unwritten Borough policy regarding the pickup and removal of curbside material /refuse. Fisher was employed as the Borough Administrator from March 10, 2010, until January C 8, 2017. The Borough Administrator reports to Borough Council. In 2016, Fisher met wit oulter on a weekly basis at Ondray's or the Borough Office to obtain Coulter's signature on Borough checks. Fisher occasionally purchased breakfast or lunch at Ondray's and socialized with Coulter while at Ondray's on Borough business. Fisher did not socialize with Coulter outside of Borough business or beyond patronizing Ondray's. At various times in 2015 and 2016, multiple Council Members, including Coulter, were dissatisfied with Fisher's performance as the Borough Administrator. In February 2015, Council issued to Fisher a written reprimand that detailed Council's dissatisfaction with him and reaffirmed its expectations of him as the Borough Administrator. In 2016, during executive sessions, Council discussed the termination of Fisher as the Borough Administrator. In August 2016, Council issued two Letters of Warning to Fisher. Council also issued a third letter to Fisher that detailed Council's decision to place Fisher on three days of unpaid leave. Coulter signed each of the three letters. On August 5, 2016, Coulter initialed the Administrative Office staff timesheets next to Fisher's name with "JBC," signifying authorization to withhold two days of pay from Fisher's regular salary. On or about October 11, 2016, Fisher went to Ondray's to obtain Coulter's signature on Borough checks. Coulter and Fisher discussed the reopening of Ondray's. Coulter expressed frustration in having financial difficulties relating to Ondray's expenses, and he requested a loan of $600.00 from Fisher to assist in payment of Ondray's utility bills. Fisher agreed to Coulter's request, and he provided Coulter with a personal check in the amount of $600.00. The memo section of the check noted "Business Loan." On October 11, 2016, Coulter negotiated Fisher's personal check for $600.00. That same day, Coulter received a Nationwide check in the amount of $7,048.79. The check was one of several insurance claim payments related to the water damage to Ondray's. On October 12, 2016, Coulter repaid Fisher the $600.00. Approximately one week later, Fisher met with Coulter at Ondray's to obtain his signature on Borough checks. Coulter and Fisher discussed the reopening of Ondray's, and Coulter again expressed frustration in having financial difficulties that were creating hardship in reopening. Fisher discussed with Coulter the amount of funding that was necessary to reopen Ondray's. Coulter told Fisher that he needed $20,000.00, and he asked whether Fisher could provide it to him. After Fisher replied that he was unable to give Coulter $20,000.00, Coulter requested that Fisher provide him with $5,000.00. Fisher Coulter, 17 -001 a'aggeT8 agreed to provide Coulter with $5,000.00, but he needed time until the funds were available and explained to Coulter that he was expecting a Christmas Club check from a bank. Coulter purported that he would repay Fisher monthly in payments of $500.00. On or around October 18, 2016, Fisher received his Christmas Club check. Fisher held his Christmas Club check for several days prior to depositing it because he was reluctant to give Coulter the $5,000.00 and hoped that with the passage of time, Coulter would not continue to pursue the money from him. Coulter, however, was persistent in his effort to secure the $5,000.00 from Fisher and had multiple contacts with Fisher during Fisher's work hours at the Borough Municipal Building. Coulter contacted Fisher on at least two occasions at the Borough Office and inquired about the money. On at least one other occasion, Coulter inquired about the money while signing Borough checks. On or about October 27, 2016, after multiple days of being pressured for the money by Coulter, Fisher delivered a personal check in the amount of $5,000.00 to Coulter. The memo section of the check noted " Ondrays Deli LLC Business Loan." There was no loan agreement between Fisher and Coulter. After receiving Fisher's check, Coulter told Fisher "you know I've got your back." Fact Finding 62 a. Coulter's comment was in reference to the disciplinary actions taken by Council against Fisher. Coulter directed Fisher to keep the $5,000.00 payment secret. Coulter negotiated Fisher's personal check by depositing $4,500.00 into Ondray's PNC Bank business account and retaining the remaining $500.00 in cash. On or about December 22, 2016, Fisher submitted his retirement notice to Council and the Mayor. The retirement notice noted January 7, 2016, as Fisher's last effective date of employment as Borough Administrator. In January 2017, Fisher requested that Coulter, who had not made a $500.00 payment to Fisher in either November or December 2016 provide Fisher with the first $500.00 payment as promised. Coulter told Fisher that he did not have the money available, and Fisher requested that Coulter begin making payments the following month. The parties have stipulated that Coulter realized a private pecuniary benefit of $5,000.00 when, in his capacity as a Council Member, he utilized his authority of office to solicit and receive a payment of $5,000.00 from Fisher, a subordinate Borough employee, with the promise that he would protect Fisher's position. As for Coulter's SFIs, on January 19, 2017, an SFI compliance review was conducted at the Borough Municipal Building. NoSFls for Coulter for calendar years 2013 and 2014 were on file with the Borough. Having highli hted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to de ermine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Coulter directing and/or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business, resulting in a private pecuniary benefit. Coulter, 17 -001 afagg—e-T9 That no violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Borough employees and/or Borough equipment being used to remove and dispose of construction /demolition debris from Coulters business location, because Coulter did not use the authority of his office in doing so. C. 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 Coulter utilizing his position as a public official to solicit and obtain a loan from a subordinate public employee, Dennis Fisher, resulting in a pecuniary benefit of himself and /or a business with which he is associated. [d]. That two violations of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Coulter failed to file Statements of Financial Interests for the 2013 and 2014 calendar years. [e]. That no further action shall occur regarding Sections 1105(a) and 1105(b)(1), (4 , (5), (7), and (S) of the Public Official and Em loyee Ethics Act, 65 Pa.C.S. § 1105(a� and 1105(b)(1), (4), (5), (7), and (8). [f]. That the Investigative Division is not seeking disgorgement of Coulters salary for calendar years 2013 and 2014 under 65 Pa.C.S. § 1104(d). Coulter agrees to make payment in the amount of $500.00 in fines as settlement of this matter, payable as follows: a. A payment of $500.00 via certified check or money order, made 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. The pecuniary benefit realized pursuant to paragraph 3(c), above, is currently included in a bankruptcy proceeding pending before the United States Bankruptcy Court for the Western District of Pennsylvania in which Coulter has listed Dennis Fisher as a creditor. The Investigative Division therefore recommends no further action be taken by the Commission. Coulter agrees to file complete and accurate Statements of Financial Interests with Donora Borough through the Pennsylvania State Ethics Commission, for calendar years Coulter, 17 -001 aZ0 2013, 2014, and 2015 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Coulter agrees to not accept any reimbursement, compensation or other payment from Donora Borough 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 -3. In considering the Consent Agreement, we accept the recommendation of the pparties for a finding that a violation of Section 1103(a) of the Ethics Act occurred in relation to Coulter directing and/or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business, resulting in a private pecuniary benefit. Ondray's is a business with which Coulter is associated as the owner /manager. Coulter used the authority of his office as a Council Member: (1) when, on June 3, 2016, he directed Fisher, who was the Borough Administrator, to copy and scan receipts and pictures pertaining to water damage caused to Ondray's by a ruptured pipe and email the receipts and pictures to Nationwide as part of Coulter's insurance claim for the water damage; and (2) when, on June 6, 2016, he directed Borough intern Vernet to inventory Pennsylvania Lottery tickets from Ondray's onto an Excel spreadsheet and fax the completed Excel spreadsheet to the Pennsylvania Lottery. The parties have stipulated that Coulter realized a private pecuniary benefit of at least $334.07 when he utilized the authority of his public office to authorize, direct, and /or utilize Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business. We are mindful of the judicial decision in Bixler v. State Ethics Commission, 847 A.2d 785 (Pa. Cmwlth. 2004) (holding that a net profit in the amount of $561.7-7 resulting from business transactions between a township supervisor's employer and the township would fall within the "de minimis" exclusion to the definition of "conflict of interest "). If the parties had not determined to enter into a Consent Agreement, we could have been presented with issues as to whether, under the circumstances of this case, the de minimis exclusion would apply as to the aforesaid stipulated private pecuniary benefit of at least $334.07 that Coulter received. However, given that: (1 ) the parties have entered into a comprehensive Consent Agreement with the benefit of le 31 counsel to assist them in weighing all relevant factual and legal considerations; and 2 the parties are in a reement that the finding of the aforesaid violation of Section 11 3(a) would be appropriate as part of an overall settlement of this case, we shall accept the parties' proposed disposition. We hold that Coulter violated Section 1103(x) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his directing and /or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business, resulting in a private pecuniary benefit. Coulter, 17 -001 a-ge 71 We further hold that no violation of Section 1103(a) of the Ethics Act occurred in relation to Borough employees and/or Borough equipment being used to remove and dispose of construction /demolition debris from Coultme s business location, because Coulter did not use the authority of his office as to same. Coulter's actions in contacting the Borough Street Commissioner and asking him to have the Street Department dispose of building material that was on the curb at Ondray's were taken as a business owner, not as a public official, and were in line with unwritten Borough policy regarding the pickup and removal of curbside material /refuse from commercial and residential locations by the Street Department. We accept the recommendation of the parties for a finding that a violation of Section 1103(a) of the Ethics Act occurred in relation to Coulter utilizing his position as a public official to solicit and obtain a loan from a subordinate public employee, Dennis Fisher, resulting in a pecuniary benefit to himself and /or a business with which he is associated. But for being a Council Member, Coulter would not have been in a position to solicit and obtain a $5,000.00 loan from Fisher, who as the Borough Administrator was subordinate to Council and subject to disciplinary action by Council. Based upon the Stipulated Findings and the Consent Agreement, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. 1103(a), occurred in relation to Coulter utilizing his position as a public official to so icit and obtain a loan from a subordinate public employee, Dennis Fisher, resulting in a pecuniary benefit to himself and /or a business with which he is associated. We agree with the parties, and we hold, that two violations of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Coulter failed to file SFIs for the 2013 and 2014 calendar years. We note that the Investigative Division is not seeking any disgorgement of Coulter's Council Member salary pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). As part of the Consent Agreement, Coulter has agreed to make payment in the amount of $500.00 via certified check or money order made 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. Coulter has agreed to not accept any reimbursement, com ensat'ion or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Coulter has also agreed to file complete and accurate SFIs with the Borough, through this Commission, for calendar years 2013, 2014, and 2015 within thirty (30) days of the issuance of the final adjudication in this matter. We agree that the aforesaid recommendations are appropriate, including the recommendation that Coulter file complete and accurate SFIs for calendar years 2013, 2014, and 2015 notwithstanding the nol pros as to the Section 11051a), 1105(b__)(1), 1105(b)(4), 1105(b (5), 1105(b)(7), and 1105(b)(8) allegations regarding SFI for calendar year 2015. Accordingly, per the Consent Agreement of the parties, Coulter is directed to make payment in the amount of $500.00 via certified check or money order made payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30"') day after the mailing date of this adjudication and Order. Coulter 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, Coulter is directed to file complete and accurate SFIs for calendar years 2013, 2014, and 2015 with the Borough, through this Coulter, 17 -001 age 272 Commission, by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As a Member of Council for Donora Borough ( "Borough "), Washington County, from January 6, 2014, through the present, Respondent Jimmie B. Coulter ( "Coulter") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et sec . 2. Coulter violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. 5 1103(a), in relation to his directing and /or authorizing Borough staff to prepare financial statements, insurance claims, and lottery paperwork for his personal business, resulting in a private pecuniary benefit. 3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Borough employees and/or Borough equipment being used to remove and dispose of construction /demolition debris from Coulter's business location, because Coulter did not use the authority of his office as to same. 4. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Coulter utilizing his position as a public official to solicit and obtain a loan from a subordinate public employee, Dennis Fisher, resulting in a pecuniary benefit to himself and /or a business with which he is associated. 5. Two violations of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Coulter failed to file Statements of Financial Interests for the 20133 and 2014 calendar years. In Re: Jimmie B. Coulter, File Docket: 17 -001 Respondent Date Decided: 10/23/18 Date Mailed: 10/31/18 ORDER NO, 1745 1. As a Member of Council for Donora Borough "Borough "), Washington County, Jimmie B. Coulter ( "Coulter ") violated Section 103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to his directing and/or authorizing Borough staff to prepare financial sta44ements, insurance claims, and lottery paperwork for his personal business, resulting in a private pecuniary benefit. 2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Borough employees and/or Borough equipment being used to remove and dispose of construction /demolition debris from Coulter's business location, because Coulter did not use the authority of his office as to same. 3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Coulter utilizing his position as a public official to solicit and obtain a loan from a subordinate public employee, Dennis Fisher, resulting in a pecuniary benefit to himself and /or a business with which he is associated. 4. Two violations of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a , occurred when Coulter failed to file Statements of Financial Interests for the 2019 and 2014 calendar years. 5. Per the Consent Agreement of the parties, Coulter is directed to make payment in the amount of $500.00 via certified check or money order made 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. 6. Coulter is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount oaid in settlement of this matter. 7. To the extent he has not already done so, Coulter is directed to file complete and accurate Statements of Financial Interests for calendar years 2013, 2014, and 2015 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. Compliance with paragraphs 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. BY THE COMMISSION, 1plas A. Colafella,