HomeMy WebLinkAbout922 SheaIn Re: Janet Shea
4 1 -- "
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 93- 028 -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 regardin
possible violation of the State Ethics Act, Act 9-of 1989,
§401 et sea. 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. 5408(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. 5409(e).
Shea, Janet, 93- 028 -C2
Page 2
I. ALLEGATION:
That, Janet Shea, a Tax Collector for Mount Pocono Borough,
Monroe County, violated the following provisions of the State
Ethics Act, (Act 9 of 1989), when she provided to the Mount Pocono
Municipal Authority, for a fee, information obtained through her
position as Borough Tax Collector.
Section 3 Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
§403(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. §402.
II. FINDINGS:
1. Janet A. Shea has served as the Mount Pocono Borough Tax
Collector from January of 1986 to the present.
2. Janet Shea was provided by Monroe County, as a result of her
holding the position of Tax Collector, a tax book which
contains property identification numbers, names, addresses,
and other tax related information for individuals and property
owners in Mount Pocono Borough.
3. 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,
Shea, Janet, 93- 028 -C2
Page 3
such as Property Identification Numbers (PIN) and the names of
owners of undeveloped lots in the Borough.
a. This was to be a part -time appointment.
b. Shea and Reilly discussed a salary of $8.50 /hour.
4. Janet Shea was pai by
$he Authority
pe r rit . as an independent
contractor at rate of
5. 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.
6. The minutes of the November 8, 1990 Authority meeting indicate
the Authority Board did not vote to approve Janet Shea's
hiring.
7. No official action was taken at any meetings of the Mount
Pocono Municipal Authority to approve the hiring of Janet Shea
or the setting of her salary.
8. 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
Invoice Dated 11/09/90
11/05/90 3
11/08/90 3 h
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
.Invoice Dated 11/30/90
11/19/90 3 h
11/23/90 3
11/26/90 3
$ 59.50 .
$ 127.50
Shea, Janet, 93- 028 -C2
Page 4
11/27/90
11/29/90
11/30/90
Total 18 If
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 1 1 •lots on the
03/30/90 6
Total 15 4
Invoice Dated 07/22/91
06/22/91 6 1 1 Consultation for upgrading
06/23/91 4 computer records.
06/25/91 6 3
Total 8
Invoice
11/19/90
11/23/90
11/26/90
11/27/90
11/29/9-0
11/30/90
Total 18 h
Total 8
4
2
3
Total 15 4
Invoice Dated
06/22/91 6
06/23/91 4
06/25/91 1
Dated 11/30/90
3 h
3
3
4
2
3
Invoice Dated 01/17/91
01/17/91 8
Invoice Dated 04/08/91
03/22/91 2 3/4 Placing the
03/24/91 6 1 lots on the
03/30/91 6
owners of unbuilt
computer.
owners of unbuilt
computer.
07/22/91
h Consultation for upgrading
computer records.
$ 157.25
$ 68.00
$ 129.63
$ 68.00
$ 157.25
$ 68.00
$ 129.63
Shea. Janet 93- 028 -C2
Page 5
Total 12
Invoice Dated
11/07/91
11/14/91
11/21/91
11/25/91
11/26/91
Total
10/30/92
1
2
3 1
1
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 1
03/09/92 4
03/11/92 5
Total 35
Invoice Dated 10/19
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 13
Invoice Dated
10/14/92 1
10/19/92 8
10/22/92 3 ;
10/26/92 2
10/29/92 4
12/05/91
Consulting
$ 102.00
$ 68.00
06/01/92
Adding Property Identification
Numbers, locations and updating
correct owners.
$ 297.50
/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. Miller and Annette on
Shea, Janet, 93- 028 -C2
Page 6
10/31/92
Total 29 h
Invoice
11/01/92
11/02/92
11/05/92
11/12/92
11/19/92
11/21/92
11/28/92
Total
Invoice
12/16/92
12/17/92
12/18/92
12/21/92
12/22/92
12/23/92
Total
14
Invoice Dated 02/03/93
01/07/93 2 Problems on newly added
01/08/93 1 Courthouse verification
01/14/93 2 h
01/18/93-' 3 h
01/22/93 3
Total 12
Invoice Dated
02/04/93 2
02/11/93 2
02/15/93
02/18/93
02/25/93
Computer program improvements.
10 Searching for Deed Book, Page
Numbers on all accounts
Dated 12/03/92
4 Deed Book, page # on computer
3 Courthouse looking up correct owner
5 Courthouse and on Mount Pocono Municipal
Authority computer
3 h Deed Book, page # on computer
2 29 accounts on Pine Hill verification
4 Deed Book, page # on computer
6 Deed Book, page # on computer
27 if
Dated 01/06/93
2
3
2
2
3
2
3
Deed Book, page #
Computer entry of
Computer entry of
Computer entry of
Computer entry of
Computer entry of
added accounts
Deed Book, page numbers
Deed Book, page numbers
Deed Book, page numbers
$ 250.00
$ 233.75
on computer
new properties
new properties
new properties
new properties
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. Janet, 93- 028 -C2
Page 7
check with new tax book
$ 102.00
Total 12
Invoice Dated 04/02/93
03/04/93 2 Update of Brookville Terrace duplex
03/18/93 2 Deed Book page # and name update
03/25/93 3 Deed Book page # and name update
03/27/93 3 Deed Book page # and name update
Total 10 $ 85.00
Invoice Dated 05/06/93
04/08/93 2 Deed Book page # and name update
04/16/93 2 h Deed Book page # and name update
04/22/93 2 Deed Book page # and name update
check on all Villa of Pine Hill
properties
Total 6 h $ 55.25
8. The invoices i hea Tax Collector 240 Winona Road Mount Pocono, e
"Janet PA
18344 (717) 839- 6355 ".
9. The information provided to the Municipal Authority, by Janet
Shea, was obtained from the tax books provided to her by the
County; from records at the County Courthouse; and from a tax
book provided to the Municipal Authority.
10. Mount Pocono Municipal e made Authority
Janet records indicate the
following payments
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
12/10/92 1758 $ 233.75
01/14/93 1811 $ 119.00
02/11/93 1863 $ 102.00
03/11/93 1910 $ 102.00
04/08/93 1962 $ 85.00
05/13/93 2003 $ 55.25
Shea, Janet, 93- 028 -C2
Page 8
Totals:
1990
1991
1992
1993
$ 484.50
$ 367.63
$ 892.50
$ 463.25
$ 2,207.88
11. Check numbers 835 and 946 were made payable to Janet A. Shea,
Tax Collector.
12. The checks were either cashed by Janet Shea or deposited in a
checking account in the name of Janet and Thomas Shea.
a. Thomas Shea serves as a member of the Mount Pocono
Municipal Authority.
III. DISCUSSION:
As a Tax Collector for Mount Pocono Borough, Monroe County,
Janet Shea, is a public official as that term is defined under Act
9 of 1989. 65 P.S. §402. As such, her conduct is subject to the
provisions of the Ethics Law and the restrictions therein are
applicable to her.
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.
The issue before us is whether Janet Shea violated Section
3(a) of Act 9 of 1989 regarding the allegation that she provided
services for a fee to the Mount Pocono Municipal Authority (MPMA)
Shea, Janet, 93- 028 -C2
Page 9
by using information she obtained through her position as Borough
Tax Collector.
Janet Shea has served as Mount Pocono Borough Tax Collector
since January 1986. As Tax Collector she is provided with a tax
book by Monroe County which contains property identification
numbers, names, addresses and tax information for individuals and
property owners in Mount Pocono Borough. In October of 1990, Janet
Shea was contacted by the MPMA Solicitor and asked to upgrade the
information in MPMA's computer with data such as property
identification numbers and the names of owners of undeveloped lots
in the borough. Shea accepted the part -time appointment as an
independent contractor at an hourly rate of $8.50. The solicitor
advised the MPMA 1990 d MPMA J meeting e s do not reflect a
the November 8, any action to
approve the hiring of Janet Shea; in fact, no official action was
taken at any meetings to approve her hiring or set her salary.
Janet Shea performed services and submitted a series of
invoices as reflected in Fact Finding 8. The invoices were on
stationery containing the letterhead of Janet A. Shea, Tax
Collector. The information which Janet Shea provided to the MPMA
was obtained from tax books given to her by the county, from
records at the County courthouse and from a tax book provided by
MAMA. MPMA made payments to Janet Shea from the invoices she
submitted as reflected in Fact Finding 10.
In applying the above facts to the provisions of Section 3(a)
of Act 9 of 1989, we do not believe that any violation of that
provision of law occurred. In order to sustain a violation we must
show that Janet Shea as a public official used the authority of
office or confidential information to receive a private pecuniary
benefit for herself. What we find to be lacking in the record
before us is any use of authority of office by Shea. In
particular, we do not see any action taken by Shea by virtue of her
position as Tax Collector to obtain the part -time work with MPMA.
To the contrary, the record reflects that Janet Shea was contracted
by the MPMA solicitor who asked her to upgrade information on the
MPMA's computer. Janet Shea used information comprised of property
and tax information which were of public record and readily
available to anyone. Accordingly, Janet Shea did not violate
Section 3(a) of Act 9 of 1989 in that there was no use of authority
of office in providing services to the MPMA as an independent
contractor. Juliante, Order 809.
IV. CONCLUSION$ OF'LAW:
1. Janet Shea as the Tax Collector for Mount Pocono Borough is a
public official subject to the provisions of Act 9 of 1989.
Shea. Janet, 93- 028 -C2
Page 10
2. Janet Shea did not violate Section 3(a) of Act 9 of 1989 when
she provided services to the Mount Pocono Municipal Authority
for a fee in that there was not a use of authority of office
by Janet Shea when she acted as an independent contractor to
provide such services.
In Re: Janet Shea
: File Docket: 93- 028 -C2
Date Decided: 02/17/94
Date Mailed: 02/24/94
ORDER NO. 922
1. Janet Shea as the Tax Collector for Mount Pocono Borough did
not violate Section 3(a) of Act 9 of 1989 when she provided
services to the Mount Pocono Municipal Authority for a fee in
that there was not a use of authority of office by Janet Shea
when she acted as an independent contractor to provide such
services.
BY THE COMMISSION
•
JAMES M. HOWL , R