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HomeMy WebLinkAbout1129 McDonoughIn -Re: Mary Alice McDonough STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: X -ref: Date Decided: Date Mailed: Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Julius Uehlein Louis W. Fryman John J. Bolger Frank M. Brown Susan Mosites Bicket 98- 026 -C2 Order No.1129 6/1/99 6/10/99 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 g sga. , 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 not 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. Effective December 15, 1998, Act 9 of 1989 was replaced by the Public Official and Employee Ethics Act ( "Ethics Act "), Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 gi seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under that Act. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and 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 the Ethics Act. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $ 1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. McDonough, 98- 026 -C2 Page 2 1. • ALLEGATION: That Mary Alice McDonough, a public official /public employee, in her capacity as Treasurer for Allegheny County, violated the following provisions of the State Ethics Act (Act 9 of 1989) when she used the authority of her office for the private pecuniary benefit of a member of her immediate family when she attempted to use her office to authorize pay increases for her daughter; and by authorizing her daughter to use a vehicle leased, fueled, insured and maintained by the county for personal purposes; and when she assigned parking spaces in a county garage for use by her daughter. 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. I1. FINDINGS: 1. Mary Alice McDonough served as Allegheny County Treasurer from 1989 until resigning on January 15, 1999. a. Prior to taking office as Treasurer, McDonough served as Deputy Treasurer. 2. As part of the responsibilities and duties as treasurer, McDonough authorized all hiring of employees within the Office of Treasurer, including increases, decreases or new positions. 3. Requests for pay increases and /or title changes within all county offices, are submitted to, and processed by, the Payroll Department within the Allegheny County Controller's Office. a. The County Salary Board must approve any increase which exceeds the established maximum on the pay scale for the position. b. Newly created positions require Salary Board approval. McDonough, 98- 026 -C2 Page 3 4. During her years of service as Treasurer, McDonough authorized all Requests for Salary Board Approval; salary increases or decreases; creation of new positions; promotions; transfers; and title changes. a. A standard form, "Request for Salary Board Action" is used to create a new position or change the salary for a position. b. All other payroll and /or title changes are submitted on a standard letter form, referred to as a Payroll Change Letter. c. Payroll change letters authorized by the Treasurer specify the amount of pay increase for each position and are submitted to the County Controller. 5. Diane Nelson is the daughter of Mary Alice McDonough. 6._ On February 1, 1993, McDonough initiated and authorized the transfer of Diane Nelson to the Treasurer's Office into Job 152 -1702, Administrative Assistant, at the salary of $2,863.26 per month ($34,359.12/yr), effective the same date. a. A vacancy was created by the retirement of former employee Rose Brown. 1. Brown, an employee for 34 years, had the title of Tax Processing Investigator. b. Nelson was assigned the title of Administrative Assistant, performing similar duties as Brown. 7. Nelson had been employed by the Allegheny County District Attorney's Office prior to the transfer. a. Nelson's pay rate before the transfer was $2,239.53 per month ($26,874.36 per year), as a Screening Supervisor in the District Attorney's Office. 8. McDonough's actions of authorizing the transfer at the salary of $2,863.26 per pay period resulted in Nelson's salary increasing by 623.73 per month or $7,484.64 per year in her new position in the Treasurer's Office. 9. The job description for Diane Nelson's position as Administrative Assistant contained duties as follows: Responsible for reviewing with the Treasurer and other key personnel all correspondence directed to the Treasurer so it could be immediately acted upon in the appropriate manner. Responsible for maintaining the Treasurer's extensive files of correspondence and other pending matters to insure the pending matters were completed. Responsible for collating and preparing necessary documents for meetings that the Treasurer was going to have so that the Treasurer could be fully prepared for same. McDonough, 98- 026 -C2 Page 4 Organize the Treasurer's schedule and see that various meeting were either placed on the schedule or were covered by other key personnel which the Treasurer wished to attend such meetings. Assume additional work from certain departments thereby becoming more knowledgeable about specific operations of certain departments in addition to the general knowledge acquired working in the Central Office of the Treasurer. 10. Nelson received a pay increase of $33.33 per month ($2,896.59/mth), plus a $400.00 bonus effective January 22, 1994, along with all employees of the Treasurer's Office. a. The increase and bonus were part of a Request for Salary Board Action initiated by then Allegheny County Chief Clerk Sal Sirabella. b. The increase and bonus affected all non - bargaining unit employees and those employees with special Unit I.D.'s. c. The Request, approved by the Salary Board on January 4, 1993, authorized various pay raises and /or bonuses in the years 1994, 1995, and 1996. d. McDonough submitted Payroll Change Letters authorizing the increases for the affected employees in the Treasurer's Office, including Diane Nelson. 11. In March 1994 questions were raised in a Pittsburgh newspaper regarding the hiring of Diane Nelson by her mother, Allegheny County Treasurer Mary Alice McDonough. 12. On the advice of Frederick Frank, Solicitor to the Treasurer, Diane Nelson took a leave of absence until the issue was resolved. a. A Request for Salary Board Action submitted by McDonough on 03/23/94 to approve a three month leave of absence for Diane Nelson for personal reasons was approved. b. The leave of absence taken by Diane Nelson totaled seven working days, from 04/04/94 to 04/13/94. 13. On April 12, 1994, McDonough initiated a Request for Salary Board Action to reinstate Nelson effective April 13, 1994, at the pay rate of $2,896.59 per month, the amount she was being paid prior to taking the leave of absence. 14. That request was rescinded on April 1.2, 1994, and a second request submitted that day by McDonough requested reinstatement of Nelson at a salary of $2,272.87 per month. a. The $2,272.87 per month salary represented the amount of Nelson's salary at the time of her transfer to the Treasurer's Office plus the January 22, 1994, raise approved for all Treasurer employees. 15. The original request to reinstate Nelson was rescinded by McDonough after it was discovered that the request contained the $2,896.59 salary. McDonough, 98- 026 -C2 Page 5 16. The reinstatement of Nelson resulted in her salary being reduced by $656.87 per month. 17. In response to the questions raised by Nelson's transfer, the Allegheny County Treasurer's Office issued a statement dated 03/23/94: "The Treasurer asked her legal staff to initiate an inquiry with the Pennsylvania State Ethics Commission regarding Mrs. Nelson's working in the Treasurer's Office. Mrs. Nelson, who was originally hired to work in the Allegheny County District Attorney's Office in 1983, was transferred to the Treasurer's Office in 1993. The legal staff reported to Mrs. McDonough that the response from the Commission was ambiguous and Mrs. McDonough decided action had to be taken. Mrs. McDonough wanted to err on the side of the strictest possible compliance with the Ethics Act. Therefore, Mrs. Nelson has taken a sixty (60) day leave of absence while the law can be fully reviewed ". 18._ Prior to resigning as solicitor on May 3, 1994, Solicitor Frederick Frank issued a statement related to the advice he had given to McDonough in regard to the hiring of her daughter: "This statement is with respect to the matter of the Treasurer's daughter working in the County Treasurer's Office. I wish to state that at the time of the transfer of her daughter from the District Attorney's Office to the Treasurer's Office, I advised Mrs. McDonough that I did not believe it was a violation of any law for her to be transferred to the Treasurer's Office. Mrs. McDonough relied - upon my advice in having made the transfer and I accept responsibility for so advising her. We are continuing to review the applicable law during this period. 19. McDonough authorized three Payroll Change Letters for Diane Nelson which were not general management increases, or increases which effected all employees of the Treasurer's Office. a. Payroll Change Letter dated 10/03/94, authorized an increase of $100.00 per month, effective on the same date. b. Payroll Change Letter dated 04/07/95, authorized an increase of $100.00 per month, effective 04/03/95. c. Payroll Change Letter dated 01/23/96, authorized an increase of $445.53 per month, effective 01/22/96. d. No other county employees were effected by these increases. 20. On August 6, 1996, following a county wide retirement incentive program, McDonough initiated a Request for Salary Board Action to address needed changes in titles and responsibilities of the effected positions. 21. The Reorganization Plan called for a title change for Administrative Assistant to Executive Office Administrator. a. The change submitted did not identify Diane Nelson as the individual holding the position. b. The change was identified by Unit ID /Job #1702 -152, Diane Nelson's unit and job number. McDonough, 98- 026 -C2 Page 6 c. The proposed maximum salary for the Executive Office Administrator position was $49,725.60 per year, $ 12,000.00 more than the maximum salary for the Administrative Assistant position. d. If approved by the Salary Board, Diane Nelson would have received a $12,000 pay increase. 22. The 08/06/96 Request for Salary Board Action was returned, unprocessed, to McDonough by County Controller Frank Lucchino. a. The request was not processed by the Controller because of the relationship between McDonough and Nelson and concern for potential conflicts of interest. 23. Lucchino referred the request over to his Solicitor, Louis Gold, who requested the Treasurer's Solicitor Bernard Tully for the authority under which the salary increases were requested. a. Gold advised Tully that without a written opinion as to the legality of the increases, no further action would be taken on any salary increases for Nelson. b. The request was subsequently withdrawn by the Treasurer's Office. 24. One month later, on 09/06/96, McDonough submitted another Reorganization - Plan in a Request For Salary Board Action, which was approved by the Salary Board and became effective on 09/27/96. a. Three new positions were created including that of Administrative Assistant II. b. The Administrative Assistant II position proposed a maximum salary of $48,000.00 per year, $1,725.60 less than the Executive Officer position. c. The Administrative Assistant 11 position was created by McDonough for Diane Nelson. d. Nelson was not identified.by name or job number, for the Administrative Assistant II. e. The Salary Board approved the request. 25. Less than one month after the Administrative Assistant II position was created, McDonough submitted a Payroll Change Letter authorizing the transfer of Nelson to the Administrative II position (Job No. 157) with a salary increase of $200.00 per month ($3,443.80/mth). 26. The Controller's Office refused to approve the increase and returned the Payroll Change Letter to McDonough, unprocessed. a. Controller's Office Payroll Supervisor Mary Lou Collinger advised Paula Guerra, Treasurer's Payroll Clerk, that the letter of 09/27/96, regarding Nelson, was not processed. McDonough, 98- 026 -C2 Page 7 b. The request was not processed because Diane Nelson would receive the increase. 27. A Payroll Change Letter authorized by McDonough transferring Nelson to the Administrative Assistant II position, dated 02/06/97, was processed by the Controller's Office on or about the same date. a. The transfer was requested without a change in salary. b. Nelson was now identified as holding Job No. 157. c. The transfer became effective .02/03/97. 28. On two subsequent occasions following Nelson's transfer to Administrative Assistant II, McDonough submitted Payroll Change Letters authorizing increases for Nelson. a. On October 28, 1997, thirteen days after the transfer to Job No. 157 became effective an attempt was made by McDonough to increase Nelson's wage $75.00 per month. b. On 11/14/97, a second attempt was made by McDonough, to increase Nelson's salary by $50.00 per month. c. Both requests were not processed and returned by the Controller's - Office. 29. On 11/17/97 Mary Lou Collinger advised Paula Guerra, that no raises would be processed for Diane Nelson without the Solicitor's approval. 30. Nelson's salary as an Administrative Assistant II has remained at $3,143.80 per month ($37,725.60 per year), since February 1996. 31. Salary increases initiated and approved by McDonough for her daughter, Diane Nelson, from 1993 to 1998 resulted in a private pecuniary benefit for Nelson as follows: Hiring Date: Increase /Month: Increase per pay period: Financial Gain: Payroll Change Letter: Amount of Increase: Increase per pay period: No. of Pay Periods: Financial Gain: Payroll Change Letter: Amount of Increase: Increase per pay period: No. of Pay Periods: Financial Gain: Payroll Change Letter: Amount of Increase: 02/01/93 $623.73 $287.88 ($623.73x12/p.p.) $6,621.24 10/03/94 (effective pay period ending 10/15/94) $ 100.00 /month $46.15 ($100.00x12/26 p. p.) 7 $323.05 04/03/95 (effective pay period ending 04/15/95) $ 100.00 /month $46.15 20 $923.00 01/22/96 (effective pay period ending 02/03/96) $445.53 /month (From $2,698.27 to $3,143.80) McDonough, 98- 026 -C2 Page 8 Increase per pay period: $205.63 ($445.52x12/26 pay periods) No. of Pay Periods: 76 Financial Gain: $15,627.88 Total Financial Gain: $ 23,495.17 (The following findings relate to the allegations that McDonough authorized the use of a county leased vehicle by her daughter) 32. McDonough was provided with a county lease vehicle during her tenure as Allegheny County Treasurer. a. Arrangements for leased vehicles are made through the Allegheny County Vehicle Fleet Operations Manager. b. Lease payments, vehicle maintenance and insurance, and gas are paid by the County. c. All Row Officers are given the option to receive a county leased vehicle. 33. Allegheny County leased vehicles for McDonough between 1994 and 1998. 34. John Polka, employed in the Allegheny County Treasurer's Office as the Purchasing Supervisor, has served as McDonough's driver since 1989. a. Polka reported directly to McDonough. b. Polka used the County leased vehicles assigned to McDonough to chauffeur her back and forth to work. 35. From 1989 until February 1994 McDonough's County vehicle was parked on the street in front of her residence when not in use. a. Subsequent to Diane Nelson's hiring in the Treasurer's Office in February 1993, the vehicle was parked at Nelson's house. b. The move was made upon Diane Nelson's suggestion and approval by McDonough. 36. When chauffeuring McDonough, Polka drove his personal car to the location where McDonough's County vehicle was parked, exchanged cars, then drove to work. a. After the hiring of Diane Nelson, Polka would drive to Nelson's home to obtain the county vehicle. b. Polka would pick -up Diane Nelson then drive to McDonough's house to pick -up McDonough before driving to the county offices. c. When McDonough was ready to leave for the day, he would drive her to Nelson's house where she would wait for her husband to pick her up. 37. Nelson began riding in McDonough's county vehicle when Polka offered her a ride in January or February of 1994 due to bad weather conditions. McDonough, 98- 026 -C2 Page 9 a. The practice continued after the snowstorm, with McDonough's concurrence. 38. Between February 1994, and February 1998, Diane Nelson was driven to her employment in the Treasurer's Office by Polka in the County leased vehicle assigned to McDonough. a. This occurred on days that McDonough went to the office which was usually four (4) days each week. 39. In January of 1998 following questions regarding the use of McDonough's County leased vehicle to provide transportation for Nelson, changes were made by McDonough. a. Polka's personal car was used two days a week; Nelson's personal car was used one day a week; and McDonough's County leased vehicle was used two days a week. 40. No other employees of the Treasurer's Office were offered or given rides to and /or from work in McDonough's County leased vehicle. 41. The County Vehicle Manual does not limit use to the employee who is assigned to the vehicle. 42. McDonough's daughter, Diane Nelson, realized a private pecuniary benefit when - being chauffeured to and from work in her mother's county leased vehicle. a. The round trip distance between Nelson's home is 13 miles. b. Nelson was driven four (4) days per week, less leave usage, from at least March, 1994, through December, 1997. c. Nelson was driven two (2) days per week, less leave usage, throughout 1998. d. Federal mileage reimbursement allowances during this period were as follows: 1. 1994: $ .29 /mile 2. 1995: $ .30 /mile 3. 1996: $ .30 /mile increased to $ .31/mile 4. 1997: $ .31/mile 5. 1998: $ .31/mile 43. Nelson's financial gain as a result of using the County vehicle assigned to her mother, to get to and from work between February 1994, and December 1998, totaled $3,181.36. 1994: 4 days per week x 44 weeks (March- December) Less 36.5 days of leave = 139 days 13.0 m. rd trip x .29/m = $524.03 McDonough, 98- 026 -C2 Page 10 1995: 4 days per week x 52 weeks Less 27.5 days of leave (various) = 180 days 13.0 m. rd trip x .30 = $702.00 1996: 4 days per week x 52 weeks Less 35.0 days of leave (various) =73 days 87 days x 13.0 m rd trip x .30 = $333.20 86 days x 13.0 m rd trip x .31 = $346.58 $685.88 1997: 4 days per week x 52 weeks Less 32.0 days of leave =176 days 13.0 m. Rd trip x.31 1998: 2 days per week x 52 weeks 87 days 13.0 m. Rd trip x .31 less 23.0 days of leave 1 day per week x 52 weeks (one way) 52 days 13.0 one way x .31 TOTAL = $709.28 = $350.61 =8209.56 $560.17 $3,181.36 44. In 1995 Diane Nelson was issued a parking pass for the county owned lot /garage by McDonough. a. Nelson did not regularly use the permit as she was chauffeured to work in McDonough's county vehicle. 45. McDonough authorized the parking pass for Diane Nelson through the submission of a parking permit application. a. The permit is signed by Diane Nelson and Mary Alice McDonough. 46. Not all employees of the Treasurer's Office received parking permits. a. As of March 1998, permits were issued to six other employees of the Treasurer's Office. 11I. DISCUSSION: At all times relevant to this matter, the Respondent, Mary Alice McDonough, hereinafter McDonough, has been a public Official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, et seq. /Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101, at seq. The issue is whether McDonough violated Section 1103(a) as to the allegations that she used the authority of her office for a private pecuniary benefit by authorizing pay increases for her daughter; by authorizing her daughter to use a county leased vehicle for personal purposes; and by assigning parking space in a county garage for use by her daughter. McDonough, 98- 026 -C2 Page 11 65 Pa.C.S. §1102. Section 1103(a) of the Ethics Act quoted above prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. - - Having noted the issues and applicable law, we shall now summarize the relevant facts. McDonough, who served as the Allegheny Treasurer from 1989 until January, 1999, had the power to authorize the hiring of employees in the Treasurer's Office, to increase and decrease salaries and to create new positions. Requests for pay increases or title changes had to be submitted and processed by the Allegheny Controller's Office. Newly created positions required the approval of the County Salary Board. In February, 1993, McDonough initiated and authorized the transfer of her daughter Diane Nelson (Nelson) to the Treasurer's Office as an Administrative Assistant at a monthly salary of $2,863.26. The Administrative Assistant position was vacant due to the retirement of the former employee in that position. Nelson transferred from the Allegheny County District Attorney's Office where her monthly salary was $2,239.53. Through McDonald's action, Nelson received a $623.73 monthly increase as a result of her employment in the Treasurer's Office. In January, 1994, Nelson received a pay increase of $33.33 per month plus a $400 bonus which was provided to all employees in the Treasurer's Office. In March, 1994, questions arose in the Pittsburgh newspapers regarding the hiring of Nelson by McDonough. As a result of advice by the Solicitor to the Treasurer, Nelson took a leave of absence until the issue was resolved. Approximately one week after Nelson took the leave of absence, McDonough initiated a request for Salary Board action to reinstate Nelson at a pay rate of $2,896.59 per month which was the same salary she was receiving prior to taking the leave of absence. That request was rescinded on the very same day it was submitted. A second request was submitted by McDonough on that day seeking reinstatement of Nelson at a salary of $2,272.87 per month. This latter amount was based upon the monthly salary Nelson received as an employee of the District Attorney's Office plus the raise that was provided to all Treasurer employees in January 1994. In each of the years 1994 through 1996, McDonough authorized payroll changes for Nelson increasing her monthly salary by $100 in each of the first two years and then by $445.53 in the third year. No other county employee was effected by the increases that McDonough authorized for Nelson. In August 1996, McDonough requested the Salary Board to change job titles and responsibilities in the Treasurer's Office. One title change called for the Administrative Assistant to become the Executive Office Administrator. The proposed change did not identify Nelson as McDonough's daughter; reference was made by merely submitting a unit and job number. The proposal sought a salary of the Executive Office Administrator up to $49,725.60 per year which was a $12,000.00 increase over the maximum salary for the Administrative Assistant. The County Controller refused to process the request. The Controller's Solicitor then contacted the Treasurer's Solicitor and requested a legal basis for the salary increase. The request was then withdrawn by the Treasurer's Office. McDonough, 98- 026 -C2 Page 12 Approximately one month later in September, 1996, McDonough submitted another request to the Salary Board to create three new positions, one of which was an Administrative Assistant II. The Administrative Assistant II would have a salary up to $48,000.00 which was $1,725.60 less than the prior proposed Executive Office Administrator position. That Administrative Assistant II position was created by McDonough for Nelson although Nelson was not identified by either name or job number. The Salary Board approved the request by McDonough. Thereafter, McDonough submitted a payroll change . authorizing the transfer of Nelson to Administrative Assistant II position with a salary increase of $200.00 per month. However, the Controller's Office refused to approve the increase and returned the payroll change to McDonough because Nelson was the recipient. Another payroll change was authorized by McDonough to transfer Nelson to the Administrative Assistant II position.. The payroll change was, processed by the Controller's Office because the transfer was requested without a change in salary. Subsequently, on two occasions in October and November, 1997, McDonough submitted payroll changes authorizing increases for Nelson which were not processed and returned by the Controller's Office. From 1993 through 1998, Nelson received increases in salary totaling $23,495.17 as a result of actions by McDonough. Separate and apart from above, there is an issue of the usage of McDonough's county leased vehicle. All county row officers are given the option of receiving county leased vehicles. McDonough was provided with a county leased vehicle during her tenure as Allegheny County Treasurer. From 1989 through February 1994 the vehicle was parked in front of McDonough's residence when not use. However, subsequent to Nelson's employment in the Treasurer's Office, the vehicle was then parked at Nelson's house. McDonough's chauffeur would drive his personal car to the Nelson location, exchange cars, pick up Nelson, drive to McDonough's house, pick up McDonough and then drive McDonough and Nelson to the Treasurer's Office. At the end of the day the chauffeur would drive McDonough to Nelson's house where McDonough would wait for her spouse to pick her up. In January, 1998, when issues arose regarding McDonough's usage of the county leased vehicle, changes were made by McDonough. The chauffeur's personal vehicle was used two days a week, Nelson's personal vehicle was used one day a week and McDonough's county leased vehicle was used two days week. No other employees in the Office of Treasurer were offered or given rides to and from work in McDonough's county leased vehicle. The County Vehicle Manual does not limit the use of the vehicle to the individuals who are assigned vehicles. For the relevant time period, Nelson received a private pecuniary benefit of $3,181.36 as to her transport in McDonough's county leased vehicle. The last issue involves a parking pass for the county owned lot /garage issued by McDonough to Nelson in 1995. Nelson did not regularly use the permit in that she was chauffeured to work in McDonough's county leased vehicle. McDonough authorized the parking pass for Nelson as a result of the submission of a parking permit application. Not all employees of the Treasurer's Office receive parking permits. However, permits were issued to six other employees in the Treasurer's Office. Having summarized the above relevant facts, we must now determine whether the actions of McDonough violated Section(s) 1103(a) of the Ethics Act. In applying Section 1103(a) of the Ethics Act to the matter of the salary increases that McDonough authorized for Nelson, such actions were uses of authority of office. See Juliante, Order 809. But for the fact that McDonough was County Treasurer, she would not be in a position to authorize such salary increases. See McDonough, 98- 026 -C2 Page 13 Savitsky, Order 1017 -2. The uses of authority of office resulted in a private pecuniary benefit consisting of the salary increases that McDonough obtained for Nelson. Lastly, the private pecuniary benefit inured to a member of McDonough's immediate family as that term is defined under the Ethics Act since Nelson is McDonough's daughter. See, 65 Pa.C.S. 1102. Accordingly, we find a violation of Section 1103(a) of the Ethics Act when McDonough authorized salary increases for Nelson in February, 1993; October, 1994; April, 1995; and January, 1996. Regarding the transportation of Nelson in a county leased vehicle for McDonough, we also find a use of authority of office on the part of McDonough. But for the fact that McDonough was Treasurer, she could not have authorized the transportation of Nelson in the county leased vehicle. Such use of authority of office resulted in a private pecuniary benefit consisting of the expenses that Nelson saved as to transportation to and from the Treasurer's Office. Lastly, that private pecuniary benefit inured to Nelson who is .a member of McDonough's immediate family. Hence, we find a technical violation of Section 1103(a) of the Ethics Act when McDonough authorized Nelson to be transported to and from work in a county leased vehicle. As to the issuance of a county parking permit to Nelson, we find no violation of Section 1103(a) of the Ethics Act. There was a use of authority of office on the part of McDonough in providing Nelson with a private pecuniary benefit consisting of the county parking permit. However, we note that there are two exceptions to the definition of conflict. One of the exceptions is a class /subclass exclusion involving an individual who is part of a class /subclass and is affected to the same degree as the other members of that subclass. If such conditions are met so that the exclusion - applies, then the action taken is not considered a conflict. In this case Nelson along with other employees in the Treasurer's Office applied for and received parking permits. The Stipulation of Findings filed by the parties reflect that six other employees in the Treasurer's Office received parking permits. Accordingly, since Nelson is part of a subclass consisting of Treasurer's Office employees who applied for and received parking permits, we find no violation of Section 1103(a) of the Ethics Act. The parties have submitted a Consent Agreement together with a Stipulation of Findings wherein it is proposed to resolve the case by finding a violation of 1 103(a) as to McDonough authorizing salary increases for her daughter; a technical violation of Section 1 103(a) as McDonough authorizing the transport of her daughter in a county leased vehicle; no violation of Section 1103(a) as to the issuance of a county parking permit by McDonough to her daughter; and a payment of $5,000 by McDonough within 30 days of the issuance of this Order through this Commission to Allegheny County. We approve the Consent Agreement. Accordingly, McDonough is directed to make payment of $5,000 as per the foregoing terms. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcement action. Lastly, the blatant actions of McDonough in this case compel commentary. This is not a situation where the public official did not comprehend the implications of her actions. To the contrary, McDonough was acutely aware that her actions as to the transfer of her daughter, Nelson, from the Office of District Attorney to the Treasurer's Office with an increase in salary were problematic, due to the newspaper articles which questioned McDonough's hiring of Nelson. From at least that point in time, McDonough's repeated actions favoring her daughter's employment were obviously taken without concern for legality or ethics. McDonough, 98- 026 -C2 Page 14 When Nelson took a leave of absence after the newspaper articles appeared, McDonough took action within a matter of days to reinstate her daughter. Despite such newspaper articles, McDonough took action to give substantial raises only to her daughter from 1994 through 1996. Despite prior publicity, McDonough took a number of other actions for her daughter's financial benefit, such as trying to change a job title or to create a new position with a higher salary. The fact that McDonough did not identify her daughter by name during those processes is particularly telling. The Ethics Act states that any effort to realize financial gain through public office is a violation of the public trust. McDonough had no regard for the public trust. For McDonough, public office was a means of providing financial gain to her daughter. It seems unlikely that even this adjudication will install in McDonough any sense of the Ethics Act which she has violated. However, as a practical matter, the resolution is that McDonough is no longer in public office. IV. CONCLUSIONS OF LAW: 1. Mary Alice McDonough, as a Treasurer in Allegheny County, was a public official subject to the provisions of Act 9 of 1989/Act 93 of 1998, Chapter 11. 2. McDonough violated Section .1103(a) of the Ethics Act when she - authorized salary increases for her daughter Diane Nelson in February, 1993; October, 1994; April, 1995; and January, 1996. 3. A technical violation of Section 1103(a) of the Ethics Act occurred when McDonough authorized her daughter Diane Nelson to be transported to and from work in a county leased vehicle. 4. No violation of Section 1103(a) of the Ethics Act occurred as to McDonough issuing a county parking permit to her daughter Diane Nelson who is a member of a subclass consisting Treasurer's Office employees who applied for and received parking permits. In Re: Mary Alice McDonough : File Docket 98- 026 -C2 Date Decided: 6/1/99 Date Mailed: 6/10/99 ORDER NO. 1129 1. Mary Alice McDonough, as a Treasurer in Allegheny County violated Section 1103(a) of the Ethics Act when she authorized salary increases for her daughter Diane Nelson in February, 1993; October, 1994; April, 1995; and January, 1996. 2. A technical violation of Section 1103(a) of the Ethics Act occurred when McDonough authorized her daughter Diane Nelson to be transported to and from work in a county leased vehicle. 3. No violation of Section 1 103(a) of the Ethics Act occurred as to McDonough issuing a county parking permit to her daughter Diane Nelson who is a member of a subclass consisting Treasurer's Office employees who applied for and received parking permits. 4. As per the Consent Agreement of the parties, McDonough is directed to make payment of $5000.00 through this Commission to Allegheny County within 30 days of the date of mailing this Order. a. Compliance with the foregoing will result in the closing of this case with no further action by the Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, 0646 DANEEN E. REESE, CHAIR