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HomeMy WebLinkAbout1000 BambinoIn Re: Richard Bambino STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: 95- 051 -C2 Date Decided: 4/24/96 Date Mailed: 4/26/96 Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Allan M. Kluger Rev. Joseph G. Quinn Boyd E. Wolff This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et sew., 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 not filed and a hearing was deemed waived. The record is complete. This adjudication of the State Ethics Commission will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date 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). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. 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. Bambino, 95- 051 -C2 Page 2 I. ALLEGATION: That Richard Bambino, a public official in his capacity as a School Director for the Johnstown School District, violated the following provisions of the State Ethics Act (Act 9 of 1989) when he used the authority of his office in an effort to obtain a private pecuniary benefit for a member of his immediate family by participating in board discussions, actions and decisions regarding the inclusion or elimination in the school district budget of a position of employment for his son. 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 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 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. §403(f). 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. Bambino, 95- 051 -C2 Page 3 1I. FINDINGS: 1. The Investigative Division of the State Ethics Commission received a signed, sworn complaint alleging that Richard Bambino violated provisions of the State Ethics Act (Act 9 of 1989). 2. Upon review of the complaint by the Director of Investigations a recommendation was made to the Executive Director to commence a preliminary inquiry. 3. At the direction of the Executive Director, the Investigative Division initiated a preliminary inquiry on July 24, 1995. 4. The preliminary inquiry was completed within sixty days. 5. On September 22, 1995, a letter was forwarded to Richard Bambino, by the Executive Director of the State Ethics Commission informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, No. P 016 239 561. b. The domestic return receipt bore the signature of Dorothy Bambino, with a delivery date of September 26, 1995. 6. The full investigation was commenced at the direction of the Executive Director of the State Ethics Commission. 7. The Investigative Complaint was mailed to the Respondent on March 12, 1996. 8. Richard B. Bambino, Sr., served as a Director on the Johnstown School District Board from December, 1993, until he resigned on August 17, 1995. a. His elected term of office would have expired in December, 1995. b. He was one of nine school directors for the district. c. The Greater Johnstown Area School District (GJSD) encompasses the City of Johnstown, Cambria County, PA. 9. Brian Bambino is the son of School Director Richard Bambino, Sr. a. Brian Bambino is an employee of the Greater Johnstown School District. 10. Brian Bambino began employment with the GJSD in 1988, when he was hired as a cleaner in the maintenance department. a. He was appointed Acting Supervisor of Cleaners at the Johnstown High School on August 25, 1993. Bambino, 95- 051 -C2 Page 4 b. On May 9, 1994, he was appointed as the permanent Supervisor of Cleaners at the Johnstown High School, and given the title of Assistant Director of the Physical Plant. 11. Brian Bambino's promotion to Assistant Director of Physical Plant was made at a GJSD meeting held on May 9, 1994. a. Richard Bambino abstained from voting citing a conflict of interest. b. The conflict memo filed by Bambino stated that Brian Bambino was a relative. 12. In the spring of 1995, the school directors of the GJSD held workshops in order to formulate a budget for the 1995 -96 school year. 13. Due to the financial situation of the GJSD, and a projected $2,113,190.00 deficit, cost cuts were considered for the 1995 -96 budget. a. The proposed budget for the upcoming 1995 -96 school year indicated a projected deficit of over $1,000,000.00, including reductions in staff and services. 14. On May 6, 1995, a Budget Workshop was held and several school district positions were proposed to be eliminated. a. One of the positions was that of Assistant Director of Physical Plant held by Brian Bambino. 15. On May 6, 1995, Special Committee meeting for budget purposes was held to discuss adjustments (reductions) to the budget. a. It was the consensus of those board members present, that the following budget adjustments be reflected in the tentative 1995 -96 budget. 1. Reductions: a. Two clerical positions b. Two Administrative Maintenance positions c. Four teaching positions 1. Reduce the split team at the Middle School - two positions 2. The Electrical Shop will be eliminated - 1 position 3. One Physical Education position (one -half elementary and one -half secondary) d. Miscellaneous student activities - Middle and High School - Non- academic, school- funded activities e. Delay the census f. Take over IU LSS Class - Protage /Westmont g. Delay Elementary Social Studies Text Adoption for a year b. Richard Bambino was not present. 16. The reduction of two Administrative Maintenance positions as outlined in 15(a), included the position of Brian Bambino. Bambino, 95- 051 -C2 Page 5 17. The elimination of Brian Bambino's supervisory position would have resulted in his termination. a. His position was not covered under the union contract. b. He had no seniority in the union. c. He had no union right to re -enter at a lesser position. 18. On May 6, 1995, the same day as the workshop (See Finding Nos. 14 and 15), Richard Bambino was advised via telephone that his son's position was being considered for elimination. 19. Following the workshop, Richard Bambino took actions in an attempf to change the board's tentative decision to eliminate his son's position. a. On May 6, 1995, Bambino telephoned fellow Director John E. Jedrzejek and confronted him about eliminating his son's position. b. Bambino approached Jedrzejek after a church service and asked him to continue to support his son's retention. c. Jedrzejek overheard Bambino asking fellow Board Member Yeager to support his son's retention during a board meeting. d. Bambino asked fellow Board Member David H. Vitovitch to help retain his son's position with the school district. e. On two separate occasions, Bambino asked fellow Board Member, Bernard A. Oravec, to consider retaining his son's position in the pending budget year. 20. During this same time period, Brian Bambino stopped at Board Member Jedrzejek's house and asked Jedrzejek to support his employment retention. 21. Thomas B. Mulvehill has been the Director of the Physical Plant for the GJSD since 1987. a. He maintains an administrative position with the school district. b. He has 36 employees under his supervision. c. Mulvehill supervises Brian Bambino, Assistant Director of the Physical Plant, at the Johnstown High School. d. Mulvehill's position and duties are controlled by the school board. e. Mulvehill's relationship with Brian Bambino was of a professional nature. 22. As the Director of the Physical Plant for the School District, Mulvehill participates in the budget process. Bambino, 95- 051 -C2 Page 6 a. Mulvehill compiles his department's annual budget which includes projected costs for maintenance, supplies, contract services, overtime and utility costs. 23. On May 20, 1995, during a Special Board meeting, Bambino solicited a verbal recommendation from Mulvehill in reference to his son's employment performance with the GJSD. Bambino also solicited the board to retain his son. a. The request was not recorded in the official written meeting minutes, however, it was recorded by audio tape. b. Mulvehill responded that Brian Bambino was a good employee. c. Bambino asked the board to reconsider cutting his son's position. d. Bambino stated this has caused his family a great deal of anguish, his son would be left on the street without a union job. e. He would not do that to anyone. f. He questioned how this came about. 24. Superintendent Merryman reported at the May 20, 1995, GJSD Special Committee Meeting that the purpose of the Special Board meeting was not to eliminate positions, but to approve a tentative budget. a. The tentative budget reduction included the elimination of the positions of two Assistant Directors of the Physical Plant. b. The amount of budget reduction which was equated to the elimination of the two positions was listed as $71,373.00. c. One of the positions was held by Brian Bambino. • d. The remaining position was unfilled at the time. e. Bambino was present at the meeting. f: No decisions were reached at this meeting. 25. On Sunday afternoon, May 21, 1995, Bambino telephoned Mulvehill at his residence and asked to stop over and speak with him. a. Bambino arrived at Mulvehill's residence within one hour of his initial telephone call. b. This was the day after the Special Committee meeting when the board considered to support the budget which would have eliminated the position held by Brian Bambino. 26. The purpose of Bambino's visit to Mulvehill was to solicit Mulvehill's support regarding his son, Brian Bambino's employment in Mulvehill's department. Bambino, 95- 051 -C2 Page 7 a. Bambino informed Mulvehill that he had knowledge of Mulvehill's past marijuana use, however, he was not concerned about his past usage at the time. b. Bambino advised Mulvehill that he did not want his son to be out of work if the board eliminated his position. c. Bambino asked Mulvehill to speak with any other individuals who might have some influence in retaining his son's position d. Bambino specifically asked Mulvehill to speak to Superintendent Merryman about retaining his son's position. e. Bambino specifically asked Mulvehill to speak to Board Member Vitovitch about retaining his son's position. 27. Mulvehill felt professionally threatened and compelled to carry out Bambino's requests. a. Mulvehill immediately informed Superintendent Merryman of Bambino's visit. b. Merryman had Mulvehill document in writing what had occurred between he and Bambino. c. Mulvehill contacted Director Vitovitch and informed him of Bambino's requests. 28. At the May 30, 1995, Special Committee meeting, for budget purposes, Director Arcurio presented budget revisions as follows which included the retention of Brian Bambino's position. a. Eliminate the position of Assistant Director of Physical Plant and support costs for the Assistant to the Superintendent (saving $179,906.00). b. Eliminate new positions of Technology Coordinator (saving about $50,000.00). c. Eliminate a Guidance position '/2 day at the Middle School (saving $22,500.00). Total savings - $252,406.00. d. Replace only 3 of 5 maintenance staff members, as opposed to the proposed replacement of 5 of 5; continue to employ Brian Bambino as Plant Supervisor, Junior High School. e. Keep travel expenses for board. f. Keep Drivers Education Program. g. Bambino was present at this meeting. Total Expenditures $31,094,112.00 $30,351,022.00 $30,417,364.00 Total Revenues 29,230,923.00 29,232,828.00 29,232,828.00 Net Deficit 1,783,189.00 1,108,101.00 1,038,193.00 Position on Brian Bambino employment Retained Eliminated Retained Annual Taxpayer Increase $ 93.00 $ 54.00 $ 57.00 Bambino, 95- 051 -C2 Page 8 29. During the budget process, three different tentative budgets were submitted for board review. Budget #1 Budget #2 a. Budget #2 included the elimination of the position held by Brian Bambino. 30. It was the consensus of the board members attending the May 30, 1995, Special Committee meeting that Budget #3 would be presented for approval as the tentative budget during the May, 1995, Special Board meeting. a. No vote was taken on this matter. b. Bambino was present at this meeting. 31. At the GJSD Special Board meeting, of May 31, 1995, a tentative General Operating Budget for the 1995 -96 school year was adopted. a. Director Jedrzejek moved that the tentative General Operating Budget for the 1995 -96 school year (BF- 74 -95) be approved. The motion was second by Raymond Arcurio. b. The Motion (BF- 74 -95), passed by a 5 -3 vote, with Bambino voting with the majority. c. This motion retained both (2) Assistant Directors of the Physical Plant positions in the budget and contained a sizeable tax increase. d. One of these positions was held by Director Bambino's son, Brian. The second position was unfilled. e. This motion was nearly identical to Budget #3 outlined in Finding No. 29. 32. At the June 5, 1995, regular Board meeting of the GJSD attempts were made to eliminate the unfilled position of Assistant Director of the Physical Plant. a. School Director Oravec moved to abolish one Assistant Director of Physical Plant position at the end of the 1994 -95 school year, (PN 234- Bambino, 95- 051 -C2 Page 9 95) and abolish two heavy duty cleaner positions at the end of the 1994- 95 school year (PN- 238 -95). Motion failed for lack of a second. b. School Director Arcurio moved to table the two aforementioned Motions (PN -234 and 238 -95), and Director Vitovitch seconded. c. The motion to table passed 6 -2. Bambino voted against the motion. 33. During the June 12, 1995, GJSD Special Board meeting the elimination of positions within the maintenance department was again discussed: a. School Director, John Williams, moved that one Assistant Director of the Physical Plant position be abolished, effective at the end of the 1994 -95 school year (PN- 260 -95), Director Oravec seconded the motion. b. Williams then moved to amend Motion (PN- 260 -95), in that two Assistant Directors of the Physical Plant positions be abolished. The motion was seconded by Oravec. (Amendment to PN- 260 -95). c. The motion failed to pass by a 6 to 2 vote with Bambino abstaining. d. Bambino filed a written abstention to the amended PN- 260 -95, citing his son Brian, as an Assistant Director of Physical Plant, would be effected by this amendment. e. Williams filed written comments with the official minutes, regarding whether it was proper for Bambino to vote on the issue since he has a family member involved. 34. Williams' original motion (PN- 260 -95) was then considered by the board upon being put to a roll call vote. a. The motion, (PN- 260 -95), would have eliminated one of the two Assistant Director- Physical Plant positions. b. One of those positions was unfilled. c, The other position was occupied by Brian Bambino. d. The motion failed by a 5 to 4 vote with Bambino voting with the majority. e. The Board Solicitor opined that Bambino could vote on the motion as written. 35. On July 1, 1995, the GJSD Board of Directors met in a special meeting to approve the budget for the 1995 -96 calendar year. a. Director Williams moved to approve the 1995 -96 General Operating Budget in the revenue amount of $30,425,470.00, and expenditure amount of $30,505,470.00. Director Symon seconded the motion. (BF- 8-95). Bambino, 95- 051 -C2 Page 10 b. The motion failed to pass by a 6 to 2 vote with Bambino abstaining. c. Bambino filed a Record of Abstention form which stated that his son as Assistant Director of Physical Plant is not in a sub - class. d. Director Williams moved to bring Motion BF -8 -95 back to the floor and was seconded by Porcher. The motion passed by a 7 to 1 vote, with Bambino abstaining. e. Director Williams moved to approve the motion (BF -8 -95) as presented and was seconded by Arcurio. The motion passed by a 5 to 3 vote. Bambino abstained. 36. The budget approved by the GJSD Board of Directors on July 1, 1995, was nearly identical to the tentative budget approved on May 31, 1995. (See Finding 31) a. Both budgets contained provisions to retain Brian Bambino's position. b. Bambino voted to approve the tentative budget. (See Finding No. 31(b)) 37. According to records of the GJSD Personnel Department, Brian Bambino's hourly wages were reported as follows: Position J- lourly Wage As of July, 1993 Regular Cleaner August 25, 1993 Acting Assistant Director Beginning May 10, 1994 Permanent Assistant Director Beginning May 10, 1995 to present Permanent Assistant Director $ 9.38 12.36 12.98 14.39 38. Records of the Greater Johnstown School District included W -2 Wage & Tax Statements for Brian Bambino, which reflect the income he earned while employed as a cleaner in 1993 and subsequently, Assistant Director of the Physical Plant in 1994 and 1995. 1993 - $21,819.20 1994 - $29,221.57 1995 - $28,693.89 39. Brian Bambino is compensated as follows: a. July 1, 1995, Brian Bambino received an hourly was of $14.39. b. Brian Bambino earned approximately $14,030.25 between July 2 and December 31, 1995. c. Brian Bambino's estimated yearly pay is $28,060.50. 40. Richard Bambino's solicitation of support from members of the GJSD Board of Directors and the Director of Maintenance resulted in his son being retained as a school district employee. Bambino, 95- 051 -C2 Page 11 a. The GJSD Board reached a consensus on May 6, 1995, to eliminate the position held by Brian Bambino. b. Between May 6, 1995, and May 21, 1995, Bambino contacted board members and Thomas Mulvehill, Director of Maintenance, and solicited their support to retain Brian Bambino's position. c. A tentative budget was then approved on May 31, 1995, which included retaining Brian Bambino's position. d. Bambino voted to approve the tentative budget on May 31, 1995, which was the budget eventually approved by the Board. e. That budget resulted in Brian Bambino being retained by the school district. III. DISCUSSION: At all times relevant to this matter, the Respondent, Richard Bambino, hereinafter Bambino, has been a public official subject to the provisions of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, el sea. The issues before us are whether Bambino violated either Section 3(a), the conflict provision, or Section 3(f), the contracting provision, of Act 9 of 1989 regarding the allegation that he used the authority of office to obtain a private pecuniary benefit for a member of his immediate family by taking actions as to the School District budget to insure the retention of a position of employment for his son. Pursuant to Section 3(a) of the Ethics Law quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is quoted above. • Section 3(f) of the Ethics Law also quoted above imposes certain restrictions as to contracting. Section 3(f) of Act 9 of 1989 specifically provides in part that no public official /public employee or spouse or 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 /public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. facts. Having noted the issue and applicable law, we shall now summarize the salient Bambino served as a Director of the Johnstown School District (District) from December, 1993 until his resignation on August 17, 1995. Bambino's son, Brian, began employment with the District in 1988 as a cleaner in the maintenance department. On August 25, 1993, Brian Bambino was appointed Acting Supervisor of Cleaners and on May 9, 1994 he was appointed permanent Supervisor of Cleaners with the title of Assistant Director of the Physical Plant. Bambino abstained on the action to promote his son to the Assistant Director position. Bambino, 95- 051 -C2 Page 12 When the Board Members held a workshop in the spring of 1995 to formulate a budget for the 1995/1996 school year, a deficit of over $2 million was projected. With certain reductions in staff and services, the projected budget deficit could be reduced to $ 1 million. At both a budget workshop and at a Special Committee meeting in May, 1995, it was proposed that several District positions be eliminated including the position of Assistant Director of the Physical Plant held by Brian Bambino. Since the administrative position held by Brian Bambino was supervisory and not covered by a union contract, the elimination of that position would have resulted in his termination. Sometime after the Special Committee meeting was held which was not attended by Bambino, he was advised that his son's position was being considered for elimination. Thereafter, Bambino took several actions in an attempt to change the Board's tentative decision to eliminate his son's position. In particular, Bambino telephoned fellow Board Member Jedrzejek and asked for his help in retaining his son's position. Bambino also called Board Member Oravec on two different occasions and requested that Oravec consider retaining his son's position in the budget. At a May 20, 1995 Special Board meeting, attended by Thomas Mulvehill, who was the Director of the Physical Plant and Brian Bambino's supervisor, Bambino solicited a verbal recommendation from Mulvehill regarding his son's employment. Bambino also lobbied the Board to reconsider the elimination of his son's position. Superintendent Merryman reported to the Board that the purpose of the meeting was to approve a tentative budget rather than eliminate positions. No decisions were reached at that meeting. On the following day, Bambino telephoned Mulvehill to request a meeting at Mulvehill's home. After Bambino arrived, he informed Mulvehill that he had knowledge about Mulvehill's alleged past marijuana use and then stated that he did not want his son to be out of work and that he did want Mulvehill to speak to other individuals who had influence in retaining his son's position, such as the Superintendent and Board Member Vitovitch. Since Mulvehill felt threatened and compelled to carry out Bambino's requests, he contacted the Superintendent who instructed Mulvehill to document in writing what had occurred. At a May 30, 1995 Special Committee meeting on the budget, Board Member Arcurio presented budget revisions which included the retention of Brian Bambino's position but eliminated other positions. During the budget review process, three tentative budgets were submitted, one of which proposed the elimination of the position held by Brian Bambino. At that meeting, it was the consensus of the Board Members to present a tentative budget which would not eliminate Brian Bambino's position. 'Bambino was not present at that meeting and no vote was taken at that time. At the Special Board meeting on May 31, 1995, a tentative general operating budget was adopted which was passed on a 5 -3 vote with Bambino voting with the majority. In that budget, the two positions of Assistant Directors of the Physical Plant were retained but a sizable tax increase was required. At a subsequent June 5, 1995 regular Board meeting, motions were made to eliminate one of the two Assistant Director and two cleaner positions, which motion failed due to a lack of a second. A motion to table passed on a 6 -2 vote with Bambino voting against the motion. Bambino, 95- 051 -C2 Page 13 At a June 12, 1995 District Board meeting, the question of the elimination of the positions within the maintenance department was again considered. A motion was made to eliminate the two Assistant Director positions which failed by a 6 -2 vote with Bambino abstaining. Thereafter, the motion at the June 5, 1995 meeting which sought to eliminate just one of the two positions, was considered but the motion failed by a 5 -4 vote with Bambino voting with the majority. The District Solicitor opined that Bambino could vote on that motion. A District budget was approved at a July 1, 1995 Special Board meeting. That budget was nearly identical to the tentative budget proposed on May 31, 1995 which allowed for the retention of Brian Bambino's position. Therefore, the above facts establish that although the District Board had reached a consensus on May 6, 1995 to eliminate the position held by Brian Bambino, Bambino's solicitation of support from Board Members and the Director of Maintenance resulted in his son being retained as a School District employee. The tentative budget of May 31, 1995 which retained Brian Bambino's position was eventually approved by the Board. Having summarized the above relevant facts, we must now determine whether the actions of Bambino violated Sections 3(a) and 3(f) of Act 9 of 1989. In applying the provisions of Section 3(a) of Act 9 of 1989, we find a violation of the Ethics Law. It is clear that there was a use of authority of office on the part of Bambino. The record reflects extensive lobbying and solicitation by Bambino of other School Board Members and the Director of the Physical Plant to insure that his son's position would not be eliminated. Use of authority of office is not limited to making motions, seconding motions, or voting. Juliante, Order 809. In addition, there was participation by Bambino in Board actions. In particular, Bambino voted with the majority on May 31, 1995 as to a proposed budget which included the retention of his son's position. At a June 12, 1995 Board meeting, Bambino voted with the majority in a 5 -4 vote against a motion which would have eliminated one of the two Assistant Director positions. The use of authority of office by Bambino in this case was extensive. Such action did result in a private pecuniary benefit which consisted of the retention of the compensated position of Assistant Director of the Physical Plant. In this regard, we have held that a private pecuniary benefit may encompass the elimination or reduction of a personal economic Toss, as for example, public officials using the solicitor at township expense for private litigation thereby eliminating any out -of- pocket legal expenses on their part. Hessinger, Order 931 and Wasiela, Order 932, affirmed in part in Hessinger and Wasiela v. State Ethics Commission, 1732, 1733 C.D. 1994. See also, Little, Order 632. That private pecuniary benefit enured to Brian Bambino. The term "immediate family" is defined under Act 9 of 1989 as follows: Section 2. Definitions "Immediate family." A parent, spouse, child, brother or sister. 65 P.S. §402. Since Brian Bambino is the son of Bambino, he is clearly a member of his immediate family. Bambino violated Section 3(a) of Act 9 of 1989 by using the authority of office to obtain a private pecuniary benefit for a member of his Bambino, 95- 051 -C2 Page 14 immediate family as to the retention of his son's position as Assistant Director of the Physical Plant. As to Section 3(f) of Act 9 of 1989, we find no violation of that provision of law in that the record does not reflect any contract in excess of $500 which was awarded without an open and public process. A letter dated April 18, 1996 has been submitted wherein it is asserted that Bambino did not violate the spirit of the Ethics Law and at most committed a technical violation which has been mitigated by his resignation. In addition, it is argued that the evidence does not support a conclusion of the lobbying of another Board Member and that the school budget would have passed regardless of Bambino's attempts to influence other Board Members. For the reasons noted above, we are not persuaded by such arguments on either a legal or factual basis. • However, based upon the totality of facts and circumstances, we will take no further action in this case. IV. CONCLUSIONS OF LAW: 1. Richard Bambino, as a School Director for the Johnstown School District, was a public official subject to the provisions of Act 9 of 1989. 2. Bambino violated Section 3(a) of Act 9 of 1989 when he used the authority of office through solicitation of Board Members and the Physical Plant Director and through action of the Board to insure the retention of his son's position of Assistant Director of the Physical Plant with the District. 3. Bambino did not violate Section 3(f) of Act 9 of 1989 in that there was no contract of $500 or more awarded without an open and public process. In Re: Richard Bambino File Docket: 95- 051 -C2 Date Decided: 4/24/96 . Date Mailed: 4/26/96 ORDER NO. 1000 1. Richard Bambino, as a School Director for the Johnstown School District, violated Section 3(a) of Act 9 of 1989 when he used the authority of office through solicitation of Board Members and the Physical Plant Director and through action of the Board to insure the retention of his son's position of Assistant Director of the Physical Plant with the District. 2. Bambino did not violate Section 3(f) of Act 9 of 1989 in that there was no contract of $500 or more awarded without an open and public process. 3. Based upon the totality of facts and circumstances, we will take no further action in this case. BY THE COMMISSION, ietu, DANEEN E. REESE, CHAIR