Loading...
HomeMy WebLinkAbout1004 RockefellerSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Shirley Rockefeller File Docket: 95- 039 -C2 Date Decided: 5/30/96 Date Mailed: 6/12/96 Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Allan M. Kluger Rev. Joseph G. Quinn 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 gt gam., by the above - named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). 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 held. The record is complete. A consent agreement was submitted by the parties to the Commission for consideration which was subsequently approved. 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. Rockefeller, 95- 039 -C2 Page 2 I. ALLEGATION: That Shirley Rockefeller, a public official in her capacity as Register of Deeds and Recorder of Wills for Bradford County, violated Section 3(a) of the State Ethics Act (Act 9 of 1989) when she used the authority of her office to obtain a private pecuniary benefit for herself by using the offices of Recorder of Deeds and Register of Wills, employees, and other resources of those offices in aid of her election /re- election related activities. I1. FINDINGS: 1. Shirley Rockefeller has served as Recorder of Deeds and Register of Wills for Bradford County from 1976 to 1980, and from 1984 to the present. 2. The Office of Recorder of Deeds and Register of Wills during the first half of 1995 employed four support personnel to assist with the daily functions of that office. • a. Cindy Blokzyl - Chief Deputy b. Marion Mitchell - Deputy Recorder c. Judy Kisner - Deputy Clerk of the Orphans Court d. Karen Robinson - Clerk Typist 3. Shirley Rockefeller was a candidate for re- election during the 1995 primary election held on May 16, 1995. a. Rockefeller won the primary election as the Republican candidate. b. Rockefeller was re- elected Recorder of Deeds during the general election held on November 7, 1995. 4. Rockefeller had opposition for the 1995 primary election. a. At least two candidates were also seeking the Republican nomination for Register and Recorder. b. Rockefeller also had primary opposition in 1976 and 1984. 5. Rockefeller did not maintain an office or other space for the purpose of a campaign headquarters. 6. Rockefeller utilized.the offices and equipment of the Bradford County Register and Recorders Office to assist in her 1995 re- election campaign. 7. From approximately February 14, 1995, through March 7, 1995, Rockefeller maintained her nominating petitions for the position of Register and Recorder on the front counter in the Register and Recorder's Office. Rockefeller, 95- 039 -C2 Page 3 a. February 14, 1995, was the first legal day to circulate nominating petitions. b. March 7, 1995, was the last day to circulate nominating petitions. c. The petition was made available at that location so that individuals with business in the Register and Recorders Office would be able to sign the petition. 8. It has been a common occurrence in Bradford County for the various row offices to display nominating petitions. a. The nominating petitions of Gary Goeckl, Robert Dickerson, Cheryl Wood - Walters, Michael Brutzman and Gene Farr were also displayed in Rockefeller's office. b. These individuals were candidates for other Bradford County row offices. 9. Rockefeller utilized office equipment in the Register and Recorders Office for the purposes of facilitating her re- election campaign. a. Typewriters were used to prepare envelopes for a political mailing. b. A copy machine was used to reproduce political pamphlets which were mailed to voters or distributed at campaign rallies /meetings. c. Employees supervised by Rockefeller were used on county time to prepare political mailings which were mailed to registered voters. 10. Rockefeller used employees on county time under her direct supervision to prepare campaign mailings and posters prior to the May 16, 1995, primary election. 11. Between May 1, 1995, and May 10, 1995, employees Cindy Blokzyl and Marion Mitchell typed envelopes to be mailed to registered voters in Bradford County. 12. Between May 1, 1995, and May 3, 1995, at the direction of Shirley Rockefeller, Cindy Blokzyl utilized a typewriter within the Register and Recorders Office to type envelopes for a political mailing of Shirley Rockefeller. a. Blokzyl typed addressees on envelopes from a list of registered voters that Shirley Rockefeller had obtained from the Voter's Registration Office. b. The envelopes contained a political flyer which was mailed to registered voters in the county. c. This activity occurred on a daily basis from May 1, 1995, through May 3, 1995, for at least two hours each day. d. Blokzyl typed in excess of 200 envelopes which were used as part of the political mailing. Rockefeller, 95- 039 -C2 Page 4 e. Blokzyl was compensated by Bradford County during this period. (1) Blokzyl took seven hours of vacation on May 4, 1995, and she subsequently worked through that day in order to make up for the activities of May 1 -3, 1995. 13. Between May 3, 1995, and May 5, 1995, Marion Mitchell utilized a typewriter within the Register and Recorders Office to prepare envelopes for a political mailing related to Shirley Rockefeller's re- election. a. Mitchell typed addresses on envelopes from a list of registered voters that Shirley Rockefeller had obtained from the Voter's Registration Office. b. The envelopes contained a political flyer which was mailed to registered voters in the county. c. This activity occurred on a daily basis for at least two hours each day during the period from May 3, 1959, through May 5, 1995. d. Mitchell typed in excess of 200 envelopes and stuffed the envelopes with a political flyer promoting Rockefeller's candidacy. e. Mitchell was compensated by Bradford County during this period. 14. Karen Robinson, a clerk typist for the Register and Recorder's Office, purchased stamps and yellow paper which were utilized for the campaign mailing during the first week of May, 1995. a. Robinson performed this task at the direction of Shirley Rockefeller. b. Robinson went to the County Office Supply Store and the United States Post Office within close proximity to the courthouse to make the purchases. c. Robinson purchased two to three reams of yellow paper and an unknown quantity of stamps. d. The purchases were made during Robinson's work hours. e. These tasks were completed during Robinson's normal hours and took Tess than one hour to complete. f. The stamps and paper were paid for by Shirley Rockefeller. 15. Campaign Expense, Report for Shirley Rockefeller filed with the Bradford County Voter Registration Office confirms purchases made for stamps and paper. a. The report covering the period from May 2, 1995, to June 15, 1995, was filed on June 15, 1995. b. On May 2, 1995, a purchase for paper in the amount of $40.50 was made from the County Office Supply. fiockefellet, 95 039 - C2 Page 5 c. On May 8, 1995, a purchase for stamps in the amount of $320.00 is reported as being made from the U.S. Post Office. 16. Michael Brutzman, a friend of Shirley Rockefeller, prepared the draft of the pamphlet which was mailed to a segment of the Bradford County voters. a. The pamphlet was a two -sided document which highlights Rockefeller's experience and offers testimonials. b. Brutzman did not provide Rockefeller with copies of the pamphlet. 17. Copies of the pamphlet were made on copy machines located in the Office of the Register and Recorder. a. Copies were made utilizing the yellow paper purchased by Karen Robinson. (See Findings Nos. 14 and 15) b. Approximately 1,000 copies were made. c. Copies were made by Shirley Rockefeller during the regular business hours of the Register and Recorder's Office. 18. The copy machines in the Register and Recorder's Office are leased by Bradford County. a. The county is billed periodically by the number of copies made. b. County invoices reflect that for the billing period ending April 12, 1995, a total of 8,502 copies were made on one copy machine, while 5,653 copies were made on the other machine. c. Invoices for the billing period ending May 16, 1995, confirm an increase from 8,502 copies to 11,481 on one machine and an increase from 5,653 copies to 8,649 on the other machine. d. Bradford County is charged $ .0289 per copy. e. Bradford County charges the public $ .25 per copy of any documents obtained. • f. Bradford County charges $.10 per copy for interoffice copying. 19. During the period between May 1, 1995, through May 10, 1995, Shirley Rockefeller and Cindy Blokzyl prepared posters related to Rockefeller's campaign. a. The posters were completed in the offices of the Register and Recorder during regular business hours. b. The project, which consisted of completing lettering, took in excess of one hour to complete. Rockefeller, 95- 039 -C2 Page 6 c. Blokzyl and Rockefeller were compensated by Bradford County during this period. 20. Cindy Blokzyl was compensated at a rate of $12.42 per hour in 1995 as an employee of Bradford County. 21. Marion Mitchell was compensated at a rate of $10.47 per hour in 1995 as an employee of Bradford County. 22. During the period from May 1, 1995, through May 10, 1995, Blokzyl and Mitchell performed political activities on behalf of Shirley Rockefeller. a. Blokzyl worked approximately six hours on Rockefeller's campaign while on County time at $12.42 per hour. b. Mitchell worked approximately seven hours on Rockefeller's campaign while on County time at $10.47 per hour. 23. Employee Time Sheets completed by Blokzyl and Mitchell for the May 1, 1959, through May 12, 1995, confirm that vacation was utilized during this period. a. Blokzyl took seven hours vacation on May 4, 1995. b. Mitchell is reported as using seven hours vacation on May 10, 1995. 24. The vacation time used by Blokzyl and Mitchell was taken for the specific purpose of working on Rockefeller's campaign. a. The vacation time was used to offset any campaign related activities of Blokzyl and Mitchell during regular business hours. 25. Shirley Rockefeller realized a private pecuniary benefit by using the offices of the Register and Recorder, employees and other resources, including copiers and typewriters. 26. Rockefeller reimbursed Bradford County for copies made of campaign flyers in the following manner: Date it Copies Rate Total 04/26/95 30 $.20* $ 6.00 04/27/95 10 $.20 $ 2.00 05/01/95 10 $.20 $ 2.00 05/03/95 30 $.20 $ 6.00 05/05/95 20 $.20 $ 4.00 TOTAL $20.00 * The flyers produced by Rockefeller were two -sided (duplexed copies), thus the $.20 rate charged is the $.10 interoffice rate applied to each duplexed copy. 27. Financial gain realized by Rockefeller through the use of employees, copier, and office space was $200.00. Rockefeller, 95- 039 -C2 Page 7 facts. a. Shirley Rockefeller has made restitution in the amount of $200.00 and forwarded a check in that amount to the State Ethics Commission, made payable to Bradford County. III. DISCUSSION: At all times relevant to this matter, the Respondent, Shirley Rockefeller, hereinafter Rockefeller, 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, g agg. The issue before us is whether Rockefeller as the Recorder of Deeds and Register of Wills used the authority of office to obtain a private pecuniary benefit for herself by utilizing the Recorder /Register's Office, employees and resources in aid of her election activities. Under Section 3(a) of Act 9 of 1989, a public official /employee shall not engage in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989 as follows: 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 or his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. §402. Having noted the issue and applicable law, we shall now summarize the relevant Rockefeller has served as the Register /Recorder from 1976 to 1980 and from 1984 to the present. In 1995 when Rockefeller was a candidate for re- election, she had the following personnel in the County Offices: Cindy Blokzyl as Chief Deputy, Marion Mitchell as Deputy Recorder, Judy Kisner as Deputy Clerk of the Orphans Court and Karen Robinson as Clerk Typist. During the 1995 primary election in which Rockefeller was challenged by at least two candidates, Rockefeller did not maintain an office for her campaign headquarters. Instead, Rockefeller used the offices and equipment of the Bradford County Register /Recorder Offices to assist in her 1995 election campaign. Between Rockefeller, 95- 039 -C2 Page 8 February 14, 1995 and March 7, 1995, Rockefeller maintained her nominating petition for the position of Register /Recorder on the front counter in the Register /Recorder's office thereby making the petition readily available for signatures from individuals having business in the Register /Recorder's Office. Rockefeller used office equipment in the Register /Recorder's Office to facilitate her May 1995 primary campaign. In particular, typewriters were used to prepare envelopes for political mailings, a copy machine was used to reproduce political pamphlets which were mailed to voters or distributed at campaign rallies or meetings and County employees of Rockefeller were utilized during office hours to prepare political mailings for registered voters. The following particularizes the instances during which the Office, resources and personnel were used for election campaign activities. Between May 1, 1995 and May 10, 1995, employees Cindy Blokzyl and Marion Mitchell typed envelopes for mailing to registered voters. At the direction of Rockefeller, Cindy Blokzyl between May 1, 1995 and May 3, 1995 utilized a Register /Recorder office typewriter to type envelopes for a political mailing of Rockefeller which activity consumed at least two hours each day. Blokzyl was compensated by the County during that time but subsequently took 7 hours of vacation time during which she worked to make up for the campaign activities. Between May 3, 1995 and May 5, 1995, Marion Mitchell used a Register /Recorder's Office typewriter to prepare envelopes for a political mailing as to Rockefeller's election campaign which activity consumed at least two hours each day during which time Mitchell was compensated by the County. During the first week of May, 1995, Karen Robinson, the Clerk Typist in the Register /Recorder's Office, purchased stamps and yellow paper which were utilized for a campaign mailing. This activity was done at the direction of Rockefeller and occurred during Robinson's County working hours. The task took Tess than one hour to complete and the stamps and paper were paid for by Rockefeller. A campaign pamphlet which highlighted Rockefeller's experience was copied on machines located in the Register /Recorder's Office utilizing the purchased yellow paper. Approximately 1,000 copies were run off during the regular business hours of the Register /Recorder's Office. The copy machines in the Register /Recorder's Office were leased by Bradford County with the billing based upon the number of copies made. During the relevant time period, the invoices to the County for the period ending May 16, 1995 confirm an increase of approximately 3,000 copies on each of two machines. Between May 1, 1995 and May 10, 1995, Rockefeller and Blokzyl spent about one hour in preparing posters for Rockefeller's campaign which were completed in the Register /Recorder's Office during regular business hours. Both Blokzyl and Rockefeller were compensated by the County during this period. During the same time period, Blokzyl and Mitchell performed political activities during County office hours on behalf of Rockefeller with Blokzyl working approximately 6 hours on Rockefeller's campaign and Mitchell working approximately 7 hours. However, it is noted that both Blokzyl and Mitchell took 7 hours vacation time on May 4, 1995 and May 10, 1995 respectively to offset the campaign related activities. Rockefeller, 95- 039 -C2 Page 9 Lastly, the record reflects that the financial gain realized by Rockefeller through the use of County Offices, employees and copier amounted to $200. Rockefeller has submitted a check in the amount of $200 to this Commission payable to Bradford County. Having summarized the above salient facts, we must now determine whether the actions of Rockefeller violated Section 3(a) of Act 9 of 1989. It is clear that the actions of Rockefeller in directing the various County employees in the Register /Recorder's office was a use of authority of office. Juliante, Order 809. That use of authority of office by Rockefeller resulted in a private pecuniary benefit to herself consisting of the utilization of the Recorder /Register's Offices, employees and resources for her 1995 primary election activities. Rieger, Order 680. Therefore, we find that Rockefeller violated Section 3(a) of Act 9 of 1989 when she used the authority of office to obtain a private pecuniary benefit for herself through the utilization of the Recorder /Register's Office, employees and resources for her election activities. Our decision is consistent with prior Commission precedent which holds that government offices, personnel, facilities and resources are to be used for governmental purposes and conversely cannot be used for private business, campaign or election activities. See, Cessar, Opinion 82 -002; Street, Opinion 81 -005; Dorrance, Order 456; Cohen, Order 610 -R; Friend, Order 800. Turning to the matter of restitution, Section 7(13) of Act 9 of 1989, 65 P.S. §407(13), specifically empowers this Commission to impose restitution in those instances where a public official /employee has obtained a financial gain in violation of the Ethics Law. In this case, since it has been determined that the financial gain amounted to $200, restitution of $200 by Rockefeller is warranted. However, since Rockefeller has already sent a check to this Commission in the amount of $200 payable to Bradford County, we shall take no further action. Although this matter is closed, we must remind Rockefeller that public office is a public trust so that any future campaign or election activities cannot be done through the utilization of governmental offices, personnel or resources. IV. CONCLUSIONS OF LAW: 1. Rockefeller, as Recorder of Deeds and Register of Wilis for Bradford County, is a public official subject to Act 9 of 1989. 2. Rockefeller violated Section 3(a) of Act 9 of 1989 when she used the authority of her office to obtain a private pecuniary benefit for herself by using the Offices of the Recorder of Deeds and Register of Wilis, employees, and other resources of those offices in aid of her election activities. 3. The financial gain received by Rockefeller is $200. In Re: Shirley Rockefeller ORDER NO. 1004 1. Rockefeller, as Recorder of Deeds and Register of Wills for Bradford County, violated Section 3(a) of Act 9 of 1989 when she used the authority of her office to obtain a private pecuniary benefit for herself by using the Offices of the Recorder of Deeds and Register of Wills, employees, and other resources of those offices in aid of her election activities. 2. Since Rockefeller has made restitution of $200 as to the private pecuniary benefit, this matter is closed with no further action. File Docket: 95- 039 -C2 Date Decided: 5/30/96 Date Mailed: 6/12/96 BY THE COMMISSION, A tipai6 DANEEN E. REESE, CHAIR