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