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HomeMy WebLinkAbout1008 GesauldiSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA '7120 In Re: Anthony Gesauldi File Docket: 95 -01 1 -C2 Date Decided: 8/27/96 Date Mailed: 9/6/96 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 DI seq., 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 waived. 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. Gesauldi, 95 -01 1 -C2 Page 2 I. ALLEGATION: That Anthony Gesauldi, as a Member of the Lower Bucks County Joint Municipal Authority, violated Section 3(c) of the State Ethics Act (Act 9 of 1989) when he solicited something of value, including a promise of future employment in return for his vote by soliciting employment from Bruce Campbell and /or firms under Campbell's control, in return for his actions in hiring and retaining a Campbell firm, Unitech Engineering, as engineer for the authority. I1. FINDINGS: 1. Anthony Gesauldi has served as a Member of the Board of the Lower Bucks County Joint Municipal Authority (LBCJMA) from March 15, 1994, to the present. a. Gesauldi served as a Bristol Township Commissioner from 1975 to 1985. b. Gesauldi served as a member of the Bristol Township Authority from August of 1987 to April of 1990. 2. Gesauldi was appointed to a four year term on the LBCJMA by Bristol Township Council on March 8, 1994. a. The appointment was made by Bristol Township Resolution 54 -94. 3. The LBCJMA is a body corporate and politic incorporated by the Borough of Tullytown and the Township of Bristol on May 20, 1952, pursuant to the Municipality Authorities Act of 1945. a. The LBCJMA is empowered to acquire, hold, construct, improve, maintain, and operate, own, lease, either in the capacity of lessor or lessee, sewers, sewer systems or parts thereof, sewage treatment works, including works for treating and disposing of industrial waste, waterworks, water supply and water distribution systems. 4. The LBCJMA Board consists of six members, three appointed by Bristol Township and three appointed by the Borough of Tullytown. 5. The minutes of the March 15, 1994, LBCJMA Board meeting confirm that Gesauldi was appointed Assistant Secretary of the Board. 6. At the time of Gesauldi's appointment to LBCJMA, Commonwealth Engineering and Technology of Harrisburg, Pennsylvania served as consulting engineer for the LBCJMA. a. Commonwealth served in this capacity from 1990 until April 14,1994. 7. During the April 14, 1994 meeting of the LBCJMA, Gesauldi made a motion, seconded by Board Member James Pekarski, to appoint Unitech Engineering of 654 Woodbourne Road, Langhorne, PA as the LBCJMA's consulting engineer. Gesauldi, 95- 011 -C2 Page 3 a. The motion passed with Board Members Gesauldi, Pekarski, John Servis and Edward Czyzyk voting in favor and Board Members Michael Pirolli and William Huhn voting against. b. A majority of the board members wanted an engineering firm located geographically dose to the facility for constant inspection and surveillance. 8. Sylvester J. Campbell, a /k /a Bruce Campbell, has an ownership interest in Unitech Engineering. 9. Unitech Engineering was previously appointed engineer for the Bristol Township Authority by the Bristol Township Board of Supervisors in 1982 and continues to hold that position. a. The motion to appoint Unitech Engineering as the Bristol Township Sewer Authority Engineer was made by Gesauldi. 10. In 1987 and in 1988 while Gesauldi was a member of the Bristol Township Sewer Authority, Unitech Engineering submitted bills for the Authority's approval. The bills were approved by the Authority, however, Gesauldi contends that he either abstained from the vote or voted against them. An investigation of this matter has failed to produce any documents which would dispute this contention with respect to the last five (5) years (the statutory period of investigation). 11. Gesauldi was employed by Middle Atlantic States Engineering from June of 1986 until at least 1989. a. Gesauldi was hired to collect water samples from the Delaware River and the Neshaminy Creek for Middle Atlantic States Engineering and to perform errands. 12. Gesauldi was paid $100.00 a week for his work at Middle Atlantic States Engineering from June 1986 until approximately 1989. a. Middle Atlantic States Engineering did not withhold income taxes or make Social Security deductions from the $100.00 a week paid to Gesauldi. b. Gesauldi was usually paid by check. 13. Gesauldi denies ever receiving any compensation from Bruce Campbell but did receive compensation from Middle Atlantic States Engineering up until 1989. 14. Gesauldi was also reimbursed for maintenance of his auto by Middle Atlantic State Engineering during the period from June 1986 until 1989. a. Reimbursement was not on a regular basis. 15. Campbell's firm has purchased meals for members of the Authority when attending annual conventions of the Pennsylvania Municipal Authority Association and Pennsylvania Water Works Association. Gesauldi., 95- 011 -C2 Page 4 a. This included meals totalling $297.47 at the spring 1994 PMAA Conference. b. Gesauldi and other members of the LBCJMA were present at this conference and had meals paid for by Campbell's firm. 111. _DISCUSSION: At all times relevant to this matter, the Respondent, Anthony Gesauldi, hereinafter Gesauldi, 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, gt sgq. The issue before us is whether Gesauldi, as a Member of the Lower Bucks County Joint Municipal Authority, violated Section 3(c) of the State Ethics Act (Act 9 of 1989) when he solicited something of value, including a promise of future employment in return for his vote by soliciting employment from Bruce Campbell and /or firms under Campbell's control, in return for his actions in hiring and retaining a Campbell firm, Unitech Engineering, as engineer for the authority. 65 P.S. §403(c). facts. Section 3. Restricted Activities (c) No public official, public employee or nominee or candidate for public office shall solicit or accept, anything of monetary value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding of that public official, public employee or nominee that the vote, official action, or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby. Section 3(c) of Act 9 of 1989 quoted above provides in part that a public official /public employee shall not solicit or accept anything of monetary value based upon any understanding that his vote, official action or judgment would be influenced thereby. Having noted the issue and applicable law, we shall now summarize the salient Gesauldi has served as a Member of the Lower Bucks County Joint Municipal Authority (LBCJMA) from March 15, 1994 to the present. LBCJMA is a body corporate created pursuant to the Municipality Authorities Act of 1945 by Tullytown Borough and Bristol Township. LBCJMA has six Members, three of whom are appointed by each municipality. Gesauldi was appointed to a four year term by Bristol Township Council on March 8, 1994. At the time of Gesauldi's appointment to LBCJMA, Commonwealth Engineering and Technology of Harrisburg served as the consulting engineer. However, at an April 14, 1994 LBCJMA meeting, Gesauldi made a successful motion to appoint Unitech Engineering of Langhorne, Pennsylvania to replace Commonwealth Engineering and Gesauldi, 95- 011 -C2 Page 5 Technology as LBCJMA's consulting engineer. The motion passed on a 4 -2 vote with Gesauldi voting with the majority. As a Member of the Bristol Township Sewer Authority, Gesauldi also made a motion to appoint Unitech as that Authority's engineer. In 1987 and 1988 with Gesauldi as a Member of that Authority, Unitech Engineering submitted bills for approval. Gesauldi asserts that when such bills were approved by the Authority, he either abstained from the vote or voted against such bills. Sylvester J. (Bruce) Campbell has an ownership interest in Unitech Engineering. Gesauldi was employed by Middle Atlantic States Engineering from June of 1986 to at least 1989. Gesauldi was paid $ 100 a week by Middle Atlantic States Engineering which did not withhold income taxes or make any Social Security deductions as to the payments of Gesauldi. Gesauldi admits that he received compensation from Middle States Atlantic Engineering up until 1989 but denies ever receiving any compensation from Bruce Campbell. Campbell's firm has purchased meals for Members of the Authority including Gesauldi when attending the annual convention of the Pennsylvania Municipal Authorities Association and Pennsylvania Water Works Association. Having summarized the above relevant facts, we must now determine whether the actions of Gesauldi violated Section 3(c) of Act 9 of 1989. For a violation of Section 3(c) of Act 9 of 1989, the evidence must establish that a public official /public employee solicited or accepted anything of monetary value based upon any understanding that his official action or judgment would be influenced thereby. Catone, Order 994. As to the record before us, we find no evidence of any solicitation or acceptance of anything of monetary value based on any understanding that Gesauldi's vote, official action or judgment would be influenced thereby. Therefore, we find no violation of Section 3(c) as to the allegation that Gesauldi solicited a promise of future employment in return for his vote to hire Campbell's firm, Unitech Engineering, as Engineer. Lastly, we note that the parties have filed a consent agreement which sets forth a proposed resolution of the allegations. We believe that the consent agreement is the proper disposition for this case based upon our review of that Agreement together with the Stipulated Findings filed by the parties as reflected in the above analysis and the totality of the facts and circumstances. IV. CONCLUSIONS OF LAW: 1. Anthony Gesauldi, as a Member of the Lower Bucks County Joint Municipal Authority, is a public official subject to the provisions of Act 9 of 1989. 2. Gesauldi did not violate Section 3(c) of Act 9 of 1989 in that there is no evidence to establish that Gesauldi solicited a promise of future employment in return for his action to hire Campbell's firm, Unitech Engineering, as an engineer for the Authority. In Re: Anthony Gesauldi ORDER NO. 1008 File Docket: 95 -01 1 -C2 Date Decided: 8/27/96 Date Mailed: 9/6/96 1. Anthony Gesauldi, as a Member of the Lower Bucks County Joint Municipal Authority, did not violate Section 3(c) of Act 9 of 1989 in that there is no evidence to establish that Gesauldi solicited a promise of future employment in return for his action to hire Campbell's firm, Unitech Engineering, as an engineer for the Authority. BY THE COMMISSION, 4 ui'u& ai4.L.i DANEEN E. REESE, CHAIR