HomeMy WebLinkAbout949 ColonelloIn Re: Francis Colonello
Before:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 94- 012 -C2
Date Decided: 12/15/94
Date Mailed: 12/27/94
James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
The Investigative Division of the State Ethics Commission
conducted an investigation regarding a possible violation of the
State Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq.
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 not
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 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. §408(h). Any person who violates
confidentiality of the Ethics Law 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). Confidentiality does not
preclude discussing this case with an attorney at law.
Colonello, 94- 012 -C2
Page 2
I. ALLEGATION:
That Francis Colonello, in his capacity as a public
official /public employee, a Commissioner for Wilkins Township,
Allegheny County, violated the following provisions of the State
Ethics Act (Act 9 of 1989) when he submitted for reimbursement and
accepted payment for expenses to attend annual conventions of the
Pennsylvania State Association of Township Commissioners which were
in excess of actual expenses incurred.
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. A signed, sworn Complaint was received by the Investigative
Division of the State Ethics Commission on February 7, 1994,
alleging that Respondent, Francis Colonello, violated
provisions of the Ethics Law.
a. The Complaint was docketed on February 9, 1994.
2. The Complaint was reviewed by the Director of Investigations
and a recommendation was made to the Executive Director of the
State Ethics Commission to commence a preliminary inquiry.
Colonello, 94- 012 -C2
Page 3
3. A preliminary inquiry was initiated on February 9, 1994.
4. The preliminary inquiry was completed within sixty days.
5. Upon completion of the preliminary inquiry, the matter was
reviewed by the Executive Director of the State Ethics
Commission.
6. On April 8, 1994, a letter was forwarded to Respondent by the
Executive Director of the State Ethics Commission informing
Respondent of the fact that a Complaint against him was
received by the Investigative Division of the State Ethics
Commission and that a full investigation was being commenced.
a. The letter outlined the nature and scope of the
allegation being investigated and further delineated the
applicable sections of the Ethics Law.
b. Said letter was forwarded return receipt requested and
received by Respondent on April 13, 1994.
7. The full investigation was commenced at the direction of the
Executive Director of the State Ethics Commission.
8. Letters were forwarded to the Respondent and Complainant in
this matter advising each as to the general status of the
instant investigation on the following dates:
a. July 11, 1994.
9. Francis Colonello has served as a Township Commissioner for
Wilkins Township, Allegheny County, since 1989.
10 Wilkins Township is a First Class Township and is a member of
the Pennsylvania State Association of Township Commissioners
(PSATC).
11. Section 620 of the First Class Township Code which was adopted
in 1965 authorized the formation of a State Association of
Township Commissioners.
a. The association holds annual meetings or conventions at
a designated time and place within the Commonwealth, for
the purpose of discussing various questions and subjects
pertaining to the duties of township commissioners, and
for the purpose of devising uniform, economical and
efficient methods of administering the affairs of
townships.
b. The township commissioners and not more than three other
officers of the township designated by the township
Colonello, 94- 012 -C2
Page 4
commissioners may attend the annual meeting.
12. Section 622 of the First Class Township Code which was amended
on January 28, 1988, authorized the payment of expenses
incurred by the delegates be paid for by the townships when
attending the annual meetings of the State Association.
13. Each commissioner or delegate attending the annual meeting of
the State Association shall be allowed expenses which shall be
limited to the registration fee, mileage for use of personal
vehicle or reimbursement of actual transportation expense
going to and returning from such meetings, plus all other
actual expenses that the township commissioners may have
agreed to pay.
14. Every commissioner or delegate attending the annual meeting
shall submit an itemized account of expenses incurred.
15. The PSATC has held their annual conventions at the Mount Airy
Lodge in Mount Pocono, Pennsylvania since at least 1989.
16. The Wilkins Township Board of Commissioners has annually
authorized members of the board to attend annual PSATC
conventions.
17. Francis Colonello attended the PSATC Conventions from 1991
through 1993 as a Wilkins Township Commissioner.
18. Colonello traveled in the same vehicle with Wilkins Township
Commissioner Victor Dinzeo when he attended the PSATC
Conventions in 1991, 1992, and 1993.
a. In 1991, Colonello used his own personal vehicle.
b. In 1992, Colonello traveled to the convention in Dinzeo's
personal vehicle.
19. In 1993, Colonello traveled with Dinzeo in a vehicle supplied
by #1 Cochran Automotive, an automobile dealership located
near Monroeville.
a. Arrangements to obtain the vehicle were made by Dinzeo
who is a personal friend of the owner of the dealership.
b. #1 Cochran Automotive did not charge either Colonello or
Dinzeo for the use of the vehicle.
c. The vehicle loaned to Dinzeo was a customized full size
conversion van with a 33 gallon gas tank. When the van
was given to Dinzeo it had a full tank of gas.
Colonello, 94- 012 -C2
Page 5
d. Colonello was unaware of any arrangement between Cochran
and Dinzeo.
20. Records of Wilkins Township reflect the following expense
vouchers submitted by Colonello for attendance at PSATC
Conventions from 1991 through 1993:
a. 1991
Departure 06/16/91
Return 06/19/91
Total mileage
Hotel expenses
Daily expenses
06/16/91
Porters & Hellman $2.00
Limo and taxis $6.95
Total $8.95
Total daily expenses
Total expenses
b. 1992
Departure 06/21/92
Return 06/24/92
Per Diem 3 days up to $160.00 =
Total mileage - 730 miles @ $.28 per mile
Registration fee for conference
Total
Total advance payment
(Registration fee and $25.00 room deposit)
Total expenses
c .
1993
Departure 06/13/93
Return 06/16/93
Total mileage - 730 miles @ $.28 per mile
Hotel expense
Daily expenses (Turnpike fees)
640 miles @ $ .275 per mile = $176.00
$425.00
06/19/91
Meals $10.00
Porters & Bellmen 2.00
Limo, taxis 6.95
Maid 5.00
Total $23.95
$ 32.90
$633.90
$480.00
$204.40
$100.00
$784.40
$125 00
$659.40
$204.40
$425.00
$ 13.90
$643.30
Total expenses
21. Colonello's expense vouchers contain his signature for each
Colonello, 94- 012 -C2
Page 6
year certifying that the expenses he had listed were proper
and actual expenses incurred.
22. Minutes of the Wilkins Township Commissioner meetings reflect
Colonello approved the payment of bills which included his
convention expenses as follows:
Meeting Date Check # Amount Action
23. The total mileage reimbursement received by Colonello for his
attendance at PSATC Conventions is as follows:
a.
b.
c .
06/10/91 07282 $625.57 Voted Yes
06/09/92 00358 $659.40 Voted Yes
06/08/93 00140 $629.40 Absent
1991 - $176.00 (see Finding 20a)
1992 - $204.40 (see Finding 20b)
1993 - $204.40 (see Finding 20c)
Total: $584.80
24. Colonello was entitled to receive mileage reimbursements in
the amount of $176.00 for his attendance at the 1991 PSATC
Convention.
25. Colonello was not entitled to receive mileage reimbursements
for his attendance at the 1992 and 1993 PSATC Conventions.
a. Colonello did not have any out of pocket expenses for
mileage to and from either convention.
b. Colonello was paid $204.40 in 1992 and $204.40 in 1993
for mileage. (See Findings 20b, 20c).
26. Colonello received a financial gain of $408.80 for mileage
reimbursements he was not entitled to for his attendance at
the 1992 and 1993 PSATC Conventions.
27. No reimbursement was made to Wilkins Township by Colonello for
the mileage payments he received for 1992 and 1993.
28. Colonello believed that he was entitled to receive mileage
reimbursement when not using his personal vehicle.
a. Colonello believed he was entitled to receive mileage
reimbursement on the basis that he was a first time
public official and had received similar expense
reimbursements over his many years as a union official in
the private sector.
29. Mr. Colonello voluntarily made expense reimbursement to the
Colonello, 94- 012 -C2
Page 7
Township in the amount of $408.80 by personal check number
994, following a contact with the State Ethics Commission.
III. DISCUSSION:
As a Commissioner for Wilkins Township, Allegheny County,
Francis Colonello, hereinafter Colonello, 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. The term "conflict of interest" is defined
above in the allegation.
The issue before us is whether Colonello violated Section 3 (a)
of Act 9 regarding the allegation that he submitted and received
expense reimbursement payments in excess of the actual expenses
incurred for attending the annual Pennsylvania State Association of
Township Commissioners (PSATC) Conventions.
Colonello has served a Wilkins Township Commissioner in
Allegheny County since 1989 and has attended the annual PSATC
Conventions for the years 1991 through 1993.
The First Class Township Code (Code) does allow for the
payments of expenses incurred by Township delegates who are
attending annual meetings of PSATC. The expenses which are
allowable are limited to the registration fee, mileage for use of
a personal vehicle or reimbursement of actual transportation
Colonello, 94- 012 -C2
Page 8
expenses plus any other actual expenses incurred by the township
commissioner.
For each attendance by Colonello at the annual PSATC
Conventions in 1991 through 1993, he submitted and received expense
reimbursements as set forth in Fact Finding 20. The focus of
concern as to such reimbursement centers upon the mileage
reimbursements. In this regard, Colonello did use his own personal
vehicle in 1991 but in 1992 and 1993 Colonello travelled in
Commissioner Dinzeo's vehicles. Although Colonello did have
mileage expenses in 1991 due to the utilization of his own personal
vehicle, Colonello did not have any mileage expenses in 1992 or
1993 since he rode with Dinzeo; nevertheless, Colonello submitted
and received mileage reimbursements for 1992 and 1993. Both in
1992 and 1993 Colonello submitted and received mileage expense
reimbursement in the amount of $204.40 which totaled $408.80 for
the two years.
Colonello believed that he was entitled to mileage
reimbursement for the years 1992 and 1993 based upon his receipt of
similar expense reimbursements during the years when he was a union
official in the private sector. After contact was made by the
(Investigative Division of the) Commission, Colonello voluntarily
made reimbursement to the township in the amount of $408.80.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the instant matter we are guided by the principle found in many
prior cases of this Commission that the receipt by a public
official /employee of a financial gain which is not authorized in
law constitutes a private pecuniary benefit in violation of Section
3(a) of Act 9 of 1989. Hessinger, Order 931. In the instant
matter, the Code limits reimbursement to actual transportation
expenses. Colonello did not have such actual transportation
expenses in 1992 and 1993. Accordingly, the receipt of that
pecuniary benefit is private and is violative of the Ethics Law.
Confidential Opinion, 91 -001; Hagen, Order 554 -R. Restitution in
this case is warranted; however, we note that Colonello has already
voluntarily made restitution to the Township.
Accordingly, based upon the totality of the facts and
circumstances of this case, we will take no further action.
IV. CONCLUSIONS OF LAW:
1. Francis Colonello as a Wilkins Township Supervisor, Allegheny
County is a public official subject to the provisions of Act
9 of 1989.
2. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Colonello received mileage reimbursements in
Colonello, 94- 012 -C2
Page 9
1992 and 1993 for attending the PSATC Conventions which were
not authorized in law so as to constitute a private pecuniary
benefit.
3. The private pecuniary benefit received by Colonello as to the
violation referred in paragraph 2 is $408.80.
In Re: Francis Colonello File Docket: 94- 012 -C2
Date Decided: 12/15/94
Date Mailed: 12/27/94
ORDER NO. 949
1. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Francis Colonello as a Wilkins Township
Supervisor, Allegheny County, received mileage reimbursements
in 1992 and 1993 in the total amount of $408.80 which were not
authorized in law so as to constitute a private pecuniary
benefit for attending the PSATC Conventions.
2. Since Colonello has made restitution in the amount of $408.80,
this Commission will take no further action based upon the
totality of facts and circumstances.
BY THE COMMISSION,
�sus�
JAMES M. HOWLEY,