HomeMy WebLinkAbout921 SheaSTATE ETHICS COMMISSION
306 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Thomas Shea : File Docket: 93- 027 -C2
Date Decided: 02/17/94
: Date Mailed: 02/24/94
Before: James M. Howley, Chair
Dennis C. Harrington
Roy W. Wilt
Austin M. Lee
Joseph W. Marshall, III
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, Act 9 of 1989, 65 P.S.
§401 et gag. Written notice, of the specific allegation(s) was
served at the commencement of the investigation. A Findings Report
was issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was filed and a hearing was waived. A consent agreement was
submitted by the parties to the Commission for consideration which
was subsequently approved. This adjudication of the Commission is
hereby issued which sets forth the individual Allegations, Findings
of Fact, Discussion, Conclusions of Law and Order.
This adjudication is final and will be made available as a
public document fifteen days after issuance. However,
reconsideration may be requested which will defer public release of
this adjudication pending action on the request by the Commission.
A request for reconsideration, however, does not affect the
finality of this adjudication. A reconsideration request must be
received at this Commission within fifteen days of issuance and
must include a detailed explanation of the reasons as to why
reconsideration should be granted in conformity with 51 Pa. Code
§21.29(b).
The files in this case will remain confidential in accordance
with Act 9 of 1989, 65 P.S. S408(h) during the fifteen day period
and no one unless the right to challenge this Order is waived, may
violate confidentiality by releasing, discussing or circulating
this Order. However, confidentiality does not preclude discussing
this case with an attorney at law.
Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000
or imprisonment for not more than one year, 65 P.S. §409(e).
Shea, Thomas,, 93-027-C2
Page 2
I. ALLEGATION:
That, Thomas Shea, a member of the Mount Pocono Municipal
Authority, Monroe County, violated the following provisions of the
State Ethics Act, (Act 9 of 1989), when he participated in the vote
by Authority Members to approve payments to his wife.
Section 3. Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
S403(a).
Section 2. 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. "Conflict" or "conflict
of interest" 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 P.S. S402.
- Section 3. Restricted activities
(f) 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
Shea, Thomas 93- 027 -C2
Page 3
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
P.S. S403(f).
II. FINDINGS:
1. Thomas Shea was appointed, by the Mount .Pocono Borough
Council, to a position on the Mount - Pocono Municipal
Authority, on December 3, 1990, and has served until the
present time.
a. Shea's appointment came after he wrote a letter in
November, 1990, to Mount Pocono Borough Council President
- •Bonnie Bouika requesting an appointment to serve on the
Mount Pocono Municipal Authority.
2. Thomas Shea attended his Authority meeting, as a Board
Member, on January 11,
3. Janet A. Shea has served as the Mount Pocono Borough Tax
Collector from January of 1986 to the present.
4. Janet A. Shea is the wife of Thomas J. Shea and both reside at
240 Winona Road, Mount Pocono, PA.
5. Janet Shea was contacted by Mount Pocono Municipal Authority
Solicitor Edward Reilly, in October of 1990, and asked to
upgrade the information in the Authority's computer with data,
such as Property Identification Numbers (PIN) and the names of
owners of undeveloped lots in the Borough.
6. Janet Shea was paid by the Authority as an independent
contractor at the rate of $8.50 per hour.
7. Reilly advised the Authority Board, at the November 8, 1990
meeting, that- Janet Shea, Mount Pocono Tax Collector, was
helping the office with updating names and addresses and
adding PIN numbers. of the Mount
8. No official action was taken at e the hiring of Janet Shea
Pocono Municipal Authority to approve
or the setting of her salary.
Shea, Thomas, 93- 027 -C2
Page 4
a. The minutes of the November 8, 1990 Authority meeting
confirm that the Authority Board did not vote to approve
Janet Shea's hiring.
9. At the March 14, 1991 Authority meeting Janet Shea's
employment by the Authority was discussed and the minutes
confirm that it was discussed that Janet Shea will be checking
the Tax ID number and adding the Property Identification
Numbers (PIN) on the sewer account.
a. Thomas Shea was present at the March 14, 1991 meeting.
10. Bills presented for approval, along with the checks prepared
for payment of those bills, were available for Authority Board
Members review prior to, and during, the Authority's Regular
Meetings.
a. This included invoices from Janet Shea.
11. Janet Shea invoiced the Authority on regular basis for hours
worked in relation to updating names and addresses and
property identification numbers.
12. Janet Shea submitted the following invoices to the Municipal
Authority for payment:
Date Hours Description of Work
Invoice Dated 11/02/90
11 /01/90 7
Total 7 $ 59.50
Invoice Dated 11/09/90
11/05/90 3
11/08/90 3 1 1
Total $ 55.25
Invoice Dated 11/15/90
11 /11/90 4
11/12/90 2
11/13/90 4
11/15/90 5
Total 15 $ 127.50
Invoice Dated 11/30/90
11/19/90 ' 3 h
11/23/90 3
11/26/90 3
Shea. Thomas, 93- 027 -C2
Page 5
11/27/90 4
11/29/90 2
11/30/90 3
Total 18 31
Invoice Dated 01/17/91
01/17/91 8
Total 8
Invoice Dated 04/08/91
03/22/91 2 3/4 Placing the
03/24/91 6 lots on the
03/30/90 6
Total 15 4
Invoice Dated 07/22/91
06/22/91 6 14 Consultation for upgrading
1)6/23/91 4 computer records.
06/25/91 6 3
Total 8
Invoice Dated 11/30/90
11/19/90 3 h
11/23/90 3
11/26/90 3
11/27/90 4
11/29/90 2
11/30/90 3
Total 18 h
Invoice Dated 01/17/91
01/17/91 8
Total 8
Invoice Dated 04/08/91
03/22/91 2 3/4 Placing the owners of unbuilt
03/24/91 6 h lots on the computer.
03/30/91 6
Total 15 �
07/22/91
h Consultation for upgrading
computer records.
Invoice Dated
06/22/91 6
06/23/91 4
06/25/91 1
$ 157.25
$ 68.00
owners of unbuilt
computer.
$ 129.63
$ 68.00
$ 157.25
$ 68.00
$ 129.63
Shea, Thomas, 93- 027 -C2
Page 6
•
Total 12
Invoice Dated 12(05/91
11/07/91 1 Consulting
11/14/91 2
11/21/91 3 h
11/25/91 1
11/26/91 h
Total
Invoice Dated
12/05/91 4
12/12/91 3
01/04/92 5
01/09/92 3
02/13/92 3
02/20/92 4
02/27/92 3
03/09/92 4
03/11/92 5
Total 35
Invoice Dated
06/01/92 1
07/02/92 1
09/18/92 3
09/24/92 4
10/02/92 2
10/08/92 2
Total
10/19/92
10/22/92
10/26/92
10/29/92
10/30/92
13
Invoice Dated
10/14/92 1
8
3 1
2
1
$ 102.00
$ 68.00
06/01/92
Adding Property Identification
h Numbers, locations and updating
correct owners.
$ 297.50
10/19/92
Problem Accounts
Commercial Accounts
Delinquent Accounts
Delinquent Accounts.
Courthouse for checking deed book
numbers and Coolbaugh Township
Deed Book onto computer on
delinquent and Coolbaugh Township
$ 110.50
11/05/92"
Deed Book, Page Numbers,
Delinquent Accounts.
Verifying all Summit Pointe, Pine
Hill, Foxfire
Cross reference Summit Pointe,
Pine Hill, Foxfire
Courthouse- Deed Book, Page #
Summit Pointe, vacant lots
Coolbaugh Township
Updating computer at Mount Pocono
Municipal Authority of
Deed Book, Page #
Meeting with Mr. Lawrence, Mr.
Shea, Mr. and Annette on
Shea. Thomas 93- 027 -C
Page 7
10/31/92
Total 29 1 1
Invoice Dated 1
11/01/92 4
11/02/92 3
11/05/92 5
11/12/92 3 3 1
11/19/92 2
11/21/92 4
11/28/92 6
Total 27 3 1
Invoice Dated
12/16/92 2
12/17/92 3
12/18/92 2
12/21/92 2
12/22/92 3
12/23/92 2
Total 14
Invoice Dated
01/07/93 2
01/08/93 1
01/14/93 2
01/18/93 3
01/22/93 3
Total 12
Invoice Dated
02/04/93 2
02/11/93 2
02/15/932 1 4
02/18/93 2
02/25/93 3
Computer program improvements.
10 Searching for Deed Book, Page
Numbers on all accounts
02/03/93
Problems on newly added
Courthouse verification
added accounts
Deed Book, page numbers
Deed Book, page numbers
Deed Book, page numbers
$ 250.00
2/03/92
Deed Book, page # on computer
Courthouse looking up correct owner
Courthouse and on Mount Pocono Municipal
Authority computer
Deed Book, page # on computer
29 accounts on Pine Hill verification
Deed Book, page # on computer
Deed Book, page # on computer
$ 233.75
01/06/93
Deed Book, page # on computer
Computer entry of new properties
Computer entry of new properties
Computer entry of new properties
Computer entry of new properties
Computer entry of various properties
on Mt Pocono outskirts
$ 119.00
accounts
of newly
on computer
on computer
on computer
$ 102.00
03/04/93
Deed Book, page numbers on computer
Deed Book, page numbers on computer
and update on expanded programs on
PIN numbers
Updating of PIN numbers and first
names on expanded programs and
check with new tax book
Updating of PIN numbers and first
names on expanded programs and
check with new tax book
Updating of PIN numbers and first
names on'expanded programs and
Shea, Thomas, 93- 027 -C2
Page 8
Date of
Invoice
11/01/90
11/09/90
11/15/90
11/30/90
01/17/91
04/08/91
07/22/91
12/05/91
06/01/92
10/19/92
11/05/92
12/03/92
01/06/93
Total 12
Invoice Dated
03/04/93 2
03/18/93 2
03/25/93 3
03/27/93 3
Total 10
Invoice Dated
04/08/93 2
04/16/93 2
04/22/93 2
Total
check with new tax book
04/02/93
Update of Brookville
Deed Book page # and
Deed Book page # and
Deed Book page # and
Date of Check
Check Number Amount
11/02/90 477 $ 59.50
11/12/90 487 ,$ 55.25
,11/15/90 488 $ 127.50
12/04/90 496 $ 157.25
'12/12/90 503 $ 85.00
01/18/91 526 $ 68.00
05/09/91 835 $ 129.63
08/08/91 946 $ 102.00
12/16/91 1143 $ 68.00
06/11/92 1447 $ 297.50
11/12/92 1710 $ 361.25
11/12/92 1710
12/10/92 1758 $ 233.75
01/14/93 1811 $ 119.00
$ 102.00
Terrace duplex
name update
name update
name update
$ 85.00
05/06/93
Deed Book page # and name update
if Deed Book page # and name update
Deed Book page # and name update
check on all Villa of Pine Hill
properties
6 11 $ 55.25
13. The invoices were on stationery containing the letterhead
"Janet A. Shea Tax Collector 240 Winona Road Mount Pocono, PA
18344 (717) 839- 6355 ".
14. The following is a list of invoices presented by Janet Shea to
the Authority, along with the action taken by Board Member
Thomas Shea in reference to paying the bills:
Action Taken By
Thomas Shea
Not on Authority
Not on Authority
Not on Authority
Not on Authority
Not on Authority
P r e s e n t
Undetermined
05/09/91 Voted to
Approve
08/08/91 Absent
12/18/91 Voted to
Approve
06/11/92 2nd - Voted
to Approve
11/12/92 Absent
VINO
12/17/92 Voted to
Approve
01/14/93 Voted to
Approve
Shea. Thomas, 93- 027 -C2
Page 9
02/03/93 02/11/93 1863 $ 102.00 02/18/93 2nd - Voted
to Approve
03/04/93 03/11/93 1910 $ 102.00 3/16/93 Voted to
Approve
04/02/93 04/08/93 1962 $ 85.00 04/15/93 Absent
05/06/93 05/13/93 2003 $ 55.25 05/13/93 Absent
Totals: 1990 $ 484.50
1991 $ 367.63
1992 $ 892.50
1993 $ 463.25
$ 2,207.88
15. The checks paid to Janet Shea were endorsed by her and either
cashed or deposited into a checking account held in the name
of Janet and Thomas Shea.
III. DISCUSSION
As a member of the Mount Pocono Municipal Authority, Monroe
County, Thomas Shea, is a public official as that term is defined
under Act 9 of 1989. 65 P.S. §402. As such, his conduct is
subject to the provisions of the.Ethics Law and the restrictions
therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989 provides, in part, as follows:
This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of -- action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
of the violation occurred prior thereto.
Since the occurrences in this case transpired after the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 9 to determine whether the Ethics Act was
violated.
Under Section 3(a) of Act 9 of 1989 quoted above, a public
official /employee shall not engage in conduct that constitutes a
conflict of interest.
In addition, Section 3(f) of Act 9 of 1989 specifically
provides in part that no public official /employee or spouse or
Shea, Thomas, 93- 027 -C2
Page 10
child or business with which he or the 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 /employee is associated unless the contract is awarded
through an open and public process including prior public notice
and subsequent public disclosure.
The issues before us are whether Thomas Shea as a member
of the MPMA (MPMA) violated either the conflict or contracting
provisions of the Ethics Law regarding the allegation that he
participated in.a.vote as an authority member to approve payments
to his spouse who performed services for the authority.
Thomas Shea was appointed to the MPMA in December 1990 and has
served iri that position until the present time. Prior to Thomas
Shea attending his first MPMA meeting in January 1991, his wife
Janet Shea, the Mount Pocono Borough Tax Collector, was approached
by the MPMA Solicitor to upgrade information on the MPMA's computer
with data and names of owners of undeveloped lots in the Mount
Pocono Borough. Janet Shea was paid by the MPMA as an independent
contractor to perform such services at a rate of $8.50 an hour.
The MPMA Solicitor advised the MPMA Boafd at a November 8, 1990
meeting that Janet Shea was providing such services to the
authority. No action was taken at any MPMA Board meeting to hire
or to set the salary of Janet Shea.
At the MPMA board meetings, bills were presented for approval
which included invoices submitted to the MPMA by Janet Shea as
reflected in Fact Finding 12. Those invoices were on stationery
containing the letterhead Janet A. Shea, Tax Collector. The action
taken by the MPMA board members as to the invoices submitted by
Janet Shea are reflected in Fact Finding 14: some invoices were
approved when Thomas Shea was not on the authority, others were
approved wherein he participated in the vote, and lastly, others
were approved when he was absent.
In applying the provisions of section 3(a) and 3(f) of Ethics
Law to the above allegation, we do not believe that violations of
either provision of law occurred. As to Section 3(a) of Act 9 of
1989, there was no use of authority of office on the part of Thomas
Shea in the hiring of his spouse in that such activity occurred
prior to his appointment to the MPMA Board. Likewise, Thomas Shea
nor the MPMA Board took any official action to hire or set the
salary of Janet Shea. There was participation by Thomas Shea on a
few occasions to approve certain invoices submitted by his spouse
Janet Shea. However, we held in Krushinski, Order 168, that a
public official /employee did not violate the Ethics Law when he
participated in voting to approve routine /uncontested bills as to
a business with which he was associated. From the record before
Shea, Thomas, 93- 027 -C2
Page 11
us, it is clear that the invoices submitted were
routine /uncontested bills; hence, the few instances in which Thomas
Shea participated to approve those bills was not violative of
Section 3(a) of Act 9 of 1989.
As a postscript to the above, we note that our decision is
Thomas upon n facts
ction of other record th than the demonstrate that
approval of
Thomas —
routine /uncontested invoices.
Turning to Section 3(f) of Act 9 of 1989, the services
provided by Janet Shea to MPMA did not on any occasion exceed $500
which is the threshold amount under Section 3(f) for requiring that
contracts be awarded through an open and public 'process. In this
case, Janet Shea was hired on a part -time basis as an independent
contractor and no contract exceeded $500. Further, there is no
evidence to indicate the possibility of any contract fragmentation.
See Astolos, Order 741. Accordingly, we find no violation of
Section 3(f) of Act 9 of 1989 since the contracts in question were
less than $500 and did not have to be awarded through an open and
public process.
IV. CONCLUSIONS OF LAW:
1. Thomas Shea as a Mount Pocono Municipal Authority Member is a
public official subject to the provisions of Act 9 of 1989.
2. Thomas Shea did not violate Section 3(a) of Act 9 of 1989
regarding his participation to approve payments to his spouse,
Janet Shea, in that such action involved routine /uncontested
invoices for the services performed by his spouse as an
independent contractor.
3. Thomas Shea did not violate Section 3(f) of Act 9 of 1989
regarding services performed by his spouse Janet Shea to the
Mount Pocono Municipal Authority in that such contracts were
less than $500.
In Re: Thomas Shea
File Docket: 93- 027 -C2
Date Decided: 02/17/94
Date Mailed: 02/24/94
ORDER NO. 921
1. Thomas Shea as a Mount Pocono Municipal Authority Member did
not violate Section 3(a) of Act 9 of 1989 regarding his
participation to approve payments to his spouse, Janet Shea,
in that such action involved routine /uncontested invoices for
the services performed by his spouse as an independent
contractor.
2. Thomas Shea did not violate Section 3(f) of Act 9 of 1989
regarding services performed by his spouse Janet Shea to the
Mount Pocono Municipal_Authority in that such contracts were
less than $500.
BY THE COMMISSION,
WLEY
JAMES M. HO , R