HomeMy WebLinkAbout804 PirolliIn re: Michael A. Pirolli
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
: File Docket: 88 -019 -C
: Date Decided: July 12, 1991
: Date Mailed: July 16, 1991
Before: Robert W. Brown, Chair
Dennis C. Harrington, Vice Chair
James M. Howley
Daneen E. Reese
Roy W. Wilt
Austin M. Lee
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, 65 P.S.
401 et. seq. Written notice, of the specific allegation(s) was served
at the commencement of the investigation. A Findings Report was
issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was filed and a hearing was waived. The record is complete. This
adjudication of the Commission is hereby issued which sets forth the
individual Allegations, Findings of Fact, Discussion, Conclusions of
Law and Order.
This adjudication is final and will be made available as a public
document fifteen days after issuance. However, reconsideration may be
requested which will defer public release of this adjudication pending
actin on the request by the Commission. A request for
reconsideration, however, does not affect the finality of this
adjudication. A reconsideration request must be received at this
Commission within fifteen days of issuance and must include a detailed
explanation of the reasons as to why reconsideration should be granted
in conformity with 51 Pa. Code 52.38.
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 during the fifteen day period and
no one unless the right to challenge this Order is waived, may violate
confidentiality does not preclude discussing this case with an
attorney at law.
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, 65 P.S. 409(e).
ADJUDICATION
I. ALLEGATION:
That you, a member of the Lower Bucks County Joint Municipal
Authority, violated the following provisions of the State Ethics
Act (Act 170 of 1978), when a firm with which you are associated
contracted with the Authority to sell fuel oil without an open
and public process:
II. FINDINGS:
Section 3. Restricted Activities.
(a) No public official or public employee
shall use his public office or any confidential
information received through his holding public
office to obtain financial gain other than
compensation provided by law for himself, a member
of his immediate family, or a business with which
he is associated. 65 P.S. S403(a).
Section 3. Restricted activities.
(c) No public official or public employee or a
member of his immediate family or any business in which
the person or a member of the person's immediate family
is a director, officer, owner or holder of stock
exceeding 5% of the equity at fair market value of the
business shall enter into any contract valued at $500
or more with a governmental body 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. Any contract made in violation of this
subsection shall be voidable by a court of competent
jurisdiction if the suit is commenced within 90 days of
making of the contract. 65 P.S. S403(c).
1. Michael A. Pirolli served as a member of the Lower Bucks
County Joint Municipal Authority from January of 1968 to
July of 1980.
a. Pirolli was reappointed to the Authority in July
of 1982 and has served in that position to the
present time.
b. Pirolli has received a salary of $250 a month from
the Board for holding the position of Treasurer.
2. The Lower Bucks County Joint Municipal Authority consists of
the municipalities of Bristol Township, Falls Township,
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 3
Middletown Township and Tullytown Borough.
a. Members of the Authority are appointed by Bristol
Township and Tullytown which each appoint three
members for five year staggered terms.
3. The Lower Bucks County Joint Municipal Authority ( LBCJMA)
was incorporated by Tullytown Borough and Bristol Township
on May 20, 1952 pursuant to Municipal Authorities Act of
1945. The life of the Authority extends to December 1,
2020.
a. The LBCJMA was empowered to acquire, hold,
construct, improve, maintain and operate, own or
lease sewer systems, sewage treatment works,
including works for treating and disposing of
industrial waste, waterworks, water supply works
and water distribution systems.
4. During the early 1980's, the LBCJMA began construction at
its sewer plant. There was a need for 50 gallon drums of
kerosene to heat pipes and for other areas.
a. Upon completion of construction, the Authority no
longer had a need for kerosene. The Authority
began using fuel oil.
5. The LBCJMA was initially purchasing kerosene from Bristol
Fuel Company, but Bristol Fuel would not provide delivery.
a. The Authority subsequently began purchasing
kerosene from M &M Fuel Oil.
b. Prior to 1986, the kerosene purchases were not put
out for bid.
c. The Authority began purchasing fuel oil without
bids from M &M Fuel Oil once construction of the
sewer plant was completed.
6. Minutes of the Lower Bucks County Joint Municipal Authority
Board meetings indicate the following discussions took place
concerning the purchase of fuel oil from M &M Fuel Oil
Company and the attempts to put the purchases out for bid:
June 17, 1986
Board member, Jack Kelly, questioned the
purchases from M &M Fuel Oil Company
stating he felt the purchase should be
on a bid basis because of the amount.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 4
August 19, 1986
Sept. 16, 1986
April 21, 1987
Bids relating to the purchase of fuel
oil and kerosene were opened.
M &M bid Read: Number 2 fuel oil at $.75
per gallon. This is a current cash
price and is subject to change with no
carrying or late charges. Same date
delivery. $.90 per gallon for kerosene.
Meehan Oil Company Read: For 1986 -
1987 Heating Season - Number 2 fuel oil
- Meehan commercial consumer tank car
price at $.47 per gallon. The delivered
price would be $.495 per gallon. (No
kerosene bid included.)
The bids opened on August 19, 1986 were
discussed. Mr. Pantano stated that bids
for gasoline, kerosene and oil have not
been awarded as of yet. Mr. Pantano
stated that he has reservations whether
the bids received were actually
considered bids. From what the bids
state, the companies will supply the
material at that day going rate. This
does not seem like a bid, and the
company would not be locked in at any
given rate.
Solicitor Sirott stated that the bids
read on a day -to -day basis, it is really
a non -bid. Mr. Sirott suggested that
the Authority re- advertise for a period
of one year and have the managing
engineer draw up the specifications.
Mr. Sirott further suggested that the
Authority make their purchase from the
present low bidder until we have some
type of definite specs, then re-
advertise.
Mr. Pantano presented an idea to the
board which would permit the Authority
to join a group of township and
municipal authorities, in the area,
known as "County Consortium" for the
purpose of making purchase through group
contracts. The motion adopting this
resolution passed unanimously. A copy
of the resolution is attached to the
minutes.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 5
7. The Lower Bucks County
purchased fuel oil and
Company for use at the
1986 and 1987. LBCJMA
payments to M &M. Many
Michael Pirolli:
For The No. Of
Date Period Gallons
Signatures
1/28/85 12/12/84 to 7,245.7 $4,705.89
1/7/85 522.9
(Kerosene)
2/28/85 1/7/85 to 4,511.8 $8,302.49
2/5/85
4/1/85 2/9/85 to 8,505.5 $9,261.21
3/11/85 193.6
(Kerosene)
4/24/85 3/25/85 2,355 $2,590.50
5/1/85 3/16/85 to 1,667.6 $1,792.07
3/31/85
5/29/85 4/5/85 to 3,904.4 $4,212.77
5/9/85
6/26/85 5/15/85 to 939.9 $1,098.65
6/15/85
7/24/85 6/17/85 to 603.9 $ 634.10
6/27/85
Joint Municipal Authority
kerosene from M &M Fuel Oil
sewer and water plants in 1985,
invoices reflect billings and
of the checks were co- signed by
Check
Amount Number
257
550
Loretta
Wurm &
William
Keyser
407 Michael
Pirolli &
William
Keyser
Herbert
Hale &
Michael
Pirolli
658 Michael
Pirolli &
Joseph
Marrare
717 Michael
Pirolli &
Joseph
Marrare
804 Michael
Pirolli &
Joseph
Marrare
926 Michael
Pirolli &
George
Grispin
1010 Michael
Pirolli &
Joseph
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 6
Marrare
8/28/85 7/9/85 to 674.3 $ 708.02 1132 Michael
7/22/85 Pirolli &
Joseph
Marrare
9/25/85 8/6/85 to 935.1 $ 981.86 1276 Michael
8/19/85 Pirolli &
Joseph
Marrare
10/23/85 9/16/85 445.1 $ 469.35 1389 Michael
Pirolli &
Joseph
Marrare
11/20/85 10/1/85 to 1,111.3 $1,214.31 1490 Michael
10/23/85 Pirolli &
Joseph
Marrare
1/3/86 11/1/85 to 4,512.9 $5,499.43 1066 Michael
12/4/85 234 Pirolli &
(Kerosene) Joseph
Marrare
1/29/86 12/8/85 to 7,552.9 $8,687.13 1157 Herbert
1/9/86 Hale &
Joseph
Marrare
3/5/86 1/16/86 to 7,904.6 $8,646.72 1310 Herbert
2/10/86 219.3 Hale &
(Kerosene) Joseph
Marrare
4/23/86 3/1/86 to 4,704.9 $4,854.95 1572 Herbert
3/26/86 212.7 10 Hale &
(Kerosene) Joseph
Marrare
6/1/86 4/5/86 to 4,462.2 $3,882.70 1709 Herbert
5/14/86 Hale &
Joseph
Marrare
7/2/86 5/21/86 to 696.6 $ 580.60 1859 Herbert
6/5/86 Hale &
Joseph
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 7
Marrare
7/23/86 6/17/86 to 619.5 $ 495.60 1910 Herbert
6/25/86 Hale &
Joseph
Marrare
8/27/86 7/8/86 to 1,412 $1,007.38 2071 Herbert
7/28/86 Hale &
Joseph
Marrare
9/24/86 8/20/86 to 1,034.9 $ 776.18 2184 Herbert
9/4/86 Hale &
Joseph
Marrare
10/29/86 9/16/86 to 1,697.3 $1,272.97 2307 Herbert
10/1/86 Hale &
Joseph
Marrare
11/26/86 10/14/86 to 4,259.6 $3,024.60 2440 Herbert
11/4/86 Hale &
Joseph
Marrare
12/24/86 11/7/86 to 2,783.5 $1,948.45 2532 Michael
11/25/86 Pirolli &
Joseph
Marrare
12/24/86 11/24/86 3,016.1 $2,111.27 2518 Michael
Pirolli &
Joseph
Marrare
1/28/87 11/29/86 to 5,242.5 $3,712.32 2703 Michael
12/31/86 Pirolli &
Edward
Hunt
3/25/87 2/12/87 to 4,117.9 $3,237.91 2937 Michael
3/4/87 Pirolli &
Edward
Hunt
4/29/87 3/5/87 to 2,499.4 $1,874.55 3116 Michael
3/9/87 Pirolli &
Edward
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 8
Hunt
8. Minutes of the Lower Bucks County Joint Municipal Authority
Board meetings indicate payments to M &M Fuel Oil Company
were approved at the following meetings with board member,
Michael A. Pirolli, participating in the vote:
January 15, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
February 19, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
April 2, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
June 18, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
July 16, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
August 20, 1985 Pirolli was absent.
September 17, 1985 Pirolli was present, but there was no
motion to approve payment of accounts
payable.
October 15, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
November 12, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
December 17, 1985 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
January 21, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
February 18, 1986 Pirolli was present, and the motion to
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 9
approve payment of accounts payable
passed unanimously.
March 18, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
April 15, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
April 29, 1986 Pirolli was present, but there was no
motion to approve payment of accounts
payable.
June 17, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
July 15, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
August 19, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
September 16, 1986 Pirolli arrived late, and the motion to
approve payment of accounts payable
passed unanimously.
October 21, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
November 18, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
December 16, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
January 20, 1987 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously. The Accounts
Payable list accompanied the minutes.
February 17, 1987 Pirolli was present, and the motion to
approve payment of accounts payable
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 10
passed unanimously. The Accounts
Payable list accompanied the minutes.
February 24, 1987 Pirolli was present, but there was no
motion to approve payment of accounts
payable.
March 17, 1987 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously.
February 18, 1986 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously. The Accounts
Payable list accompanied the minutes.
April 21, 1987 Pirolli was present, and the motion to
approve payment of accounts payable
passed unanimously. The Accounts
Payable list accompanied the minutes.
9. M &M Fuel Service maintains a checking account at the Bucks
County Bank and Trust Company to Account No. 1501 - 302705.
a. The account was established on October 16, 1978.
b. Matthew Pirolli, Mark Pirolli and Ida Mae Pirolli
have signature authority for this account.
10. Records of the Commonwealth of Pennsylvania, Department of
State, Corporation Bureau confirmed the following regarding
M &M Fuel:
a. Articles of incorporation were filed on July 29,
1986.
b. The incorporator was listed as Edward I. Dobin,
250 W. Pennsylvania Avenue, Morrisville, PA 19067.
c. The corporation is M &M Fuel Service, Inc.
d. The location of the registered officer is 603 Main
Street, P.O. Box 1642, Tullytown, PA 19007.
11. The personal residence of Michael A. Pirolli is 603 Main
Street, Tullytown, PA 19007.
12. Nick Eberle has been an employee of the Lower Bucks County
Municipal Authority since 1954 and has been Superintendent
of the Sewer Plant since 1984.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 11
a. In 1980, the Authority began construction work and
needed 50 gallon drums of kerosene. The Authority
purchased the kerosene from Bristol Fuel Company,
but they required the Authority to pick the
kerosene up at their facility.
b. Michael Pirolli, Jr. of M &M Fuel Oil Company
agreed to deliver the kerosene at a lower price
than Bristol Fuel Oil was charging.
c. The Authority's needs changed from kerosene to
fuel oil when the construction was completed.
d. The Authority personnel called around and found
that M &M Fuel Oil was willing to sell the fuel oil
at a lower price.
e. As the need for fuel oil increased, Eberle checked
with the business manager to ascertain if the
Authority has a contract with any company. He was
advised they didn't, and he should continue to get
price quotes. He did, and they showed M &M had the
lowest price.
f. He wasn't aware that Michael Pirolli, Jr. was
related to board member, Michael A. Pirolli, until
sometime in 1982 or 1983.
g•
He never discussed the purchases with board
member Pirolli.
h. He never tried to regulate the purchase to keep
them under the $4,000 limit required by the
Municipal Authorities Act for bids.
i. The Authority had maintained a file of the price
quotes, but they couldn't be found. They may have
been lost when the Authority transferred records
to the computer.
k. He obtained quotes from Meehan Fuel Oil Company,
Morrisville Fuel Oil Company and Eggert Fuel Oil
Company in addition to the quotes from M &M Fuel
Oil. Authority employee, Michelle Zuchero,
obtained the quotes.
1. Meehan Fuel Oil Company gave them a lower price in
1985 but required them to sign a contract for a
year, but they wouldn't guarantee the price for
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 12
the year.
13. Michelle Zuchero was a clerk at the Lower Bucks County
Joint Municipal Authority's Sewer Plant from 1982 to
1987. She is now employed as a computer clerk at the
Authority's Administration Building.
a. It was her responsibility to order the fuel
oil.
b. Nick Eberle or John Cocordas told her to call
around and get the cheapest price.
c. She copied down the price quotes and
maintained them on a piece of paper at the
Sewer Plant.
d. She attempted to locate the papers but found
that her replacement threw the papers away.
e. She recalls obtaining price quotes on 4 or 5
occasions during 1986 and 1987; calling
Eggert Fuel Oil Company, Meehan Fuel Oil
Company, and M &M Fuel Oil Company.
f. M &M consistently had the lowest price.
Meehan would not deliver on an "as needed"
basis but wanted to put the Authority on a
schedule. Eggert had the lowest on one
occasion, and she ordered from them.
g.
M &M Fuel Oil was owned by Mark and Matthew
Pirolli, sons of board member, Michael A.
Pirolli. She knows the younger Pirolli,
because they are acquaintances of her
husband.
h. She never discussed the purchase with board
member, Michael A. Pirolli.
i. She did not purchase the fuel oil from M &M
when M &M's price was higher.
14. Joseph Pantano is the Managing Engineer at the Lower Bucks
County Joint Municipal Authority, holding that position
since September 4, 1986.
a. The policy of purchasing fuel oil from M &M Fuel
Oil Company was questioned before he started with
the Authority.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 13
b. The purchase of fuel oil was put out for bid, and
he reviewed the bids in September of 1986.
c. John Cocordas, the Authority's former Business
Manager, did not properly write up the
specifications for the bids and that led to
confusion.
d. Meehan Fuel Oil Company submitted one price but
wouldn't lock in the price for a year. Meehan's
price was lower than M &M Fuel Oil Company's price,
but they wanted to be able to change the price at
any time. Meehan would not sell the fuel oil at
the lower price unless the Authority signed a
contract for a one year period.
e. M &M Fuel Oil Company's price was a flat price at
the going rate.
f. After discussing the matter with the Solicitor,
they decided to continue the practice of obtaining
price quotes whenever the Authority purchased fuel
oil.
g.
The Authority Joined the Bucks County Consortium
in 1987 and began purchasing fuel oil through
them.
15. Jack Sirott is the Solicitor of the Lower Bucks County Joint
Municipal Authority.
a. The purchasing of fuel oil from M &M Fuel Oil
Company started when the Authority was doing
construction work at the sewer plant. Kerosene
was needed to heat pipes, and the Authority had
difficulty in purchasing it in 50 gallon drums.
b. M &M Fuel Oil was willing to deliver the kerosene
in 50 gallon drums and make frequent deliveries.
c. The Authority continued to purchase from M &M after
the need changed to fuel oil.
d. Business Manager Cocordas should have been careful
about the deliveries not exceeding the $4,000
limit that would require a bid.
e. Sirott does not know if board member Pirolli has a
financial interest in M &M and doesn't recall
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 14
hearing Pirolli deny ownership of the company at a
board meeting.
f. He advised the board that the bids submitted in
1986 were improper, because they didn't lock in
the price of the oil. The companies could raise
the price of the oil at any time.
g. He believes the fault was with Business Manager,
John Cocordas, not writing up the bids properly
and not consulting with him.
16. Jack Kelly was appointed to the Lower Bucks County Joint
Municipal Authority from Bristol Township in February of
1986.
a. He noticed the bills that came before the board
from the M &M Fuel Oil Company exceeded the $4,000
limit requiring a bid by the Municipal Authority
Act.
b. Board Chairman Marrare and Solicitor Sirott told
him that M &M was a small company, and there was no
problem with the purchases.
c. Some one in the press picked up the story and told
him that M &M was not registered with the state and
that it was owned by board member Pirolli.
d. He brought the matter up at a meeting and board
member Pirolli denied owning the company. Pirolli
stated his sons own the business, and he didn't
have any financial interest in the company.
e. Superintendent of the Sewer Plant, Nick Eberle,
told him that he called around for the best price
and found M &M had the lowest price of the area
dealers.
f. He contacted the people at Meehan Fuel Oil
Company, and they told him that they didn't get
any calls from the Authority for price quotes. If
they did, the Authority personnel did not identify
themselves.
g. The Authority decided to put the purchases out for
bid, and the bids came in from Meehan and M&M.
Meehan couldn't guarantee the price, but M &M
would.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 15
h. The solicitor decided it wasn't a proper bid and
told them to remain with the present low bidder.
i. The Authority decided to purchase fuel oil through
the Bucks County Consortium.
17. John Cocordas was employed at the Lower Bucks County Joint
Municipal Authority for 36 years and last held the position
of Business Manager in 1988.
a. Michael A. Pirolli was a board member at the
Authority for approximately 20 years.
b. Nick Eberle, Superintendent of the Sewer Plant,
began purchasing fuel oil from M &M Oil Company.
c. He doesn't recall being consulted about the
purchases.
d. He asked Eberle why he was buying from M &M and was
told it was because of the convenience. M &M
would make late night deliveries and deliver on
holidays when other companies would not.
e. The monthly purchases were usually below the
$5,000 limit that would require a bid.
f. In 1986, board member, Jack Kelly, questioned the
purchase being made without a bid.
He was instructed to prepare bid specifications
and publish them in the newspapers.
h. They received bids from M &M Fuel Oil Company and
Meehan Fuel Oil Company. Meehan was the lowest
bidder.
g.
i. Solicitor Sirott and Managing Engineer Pantano
threw the bids out, and Pantano was instructed to
take over the process. He was never told the
reason why.
The purchases were eventually made through the
Bucks County Consortium.
k. He did not know who owned the company until Eberle
told him it was owned by members of the Pirolli
family. Eberle did not mention board member
Pirolli as one of the owners.
i.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 16
1. Board member Pirolli never spoke to him concerning
the purchases.
m. He had no say in the matter of fuel oil purchases.
Eberle made the purchases and forwarded the
invoices to the board for their approval.
n. Board members appoint each member of the board as
officers which enables them to receive a salary of
$250 a month.
18. Rich Eggert is the owner of Eggert Fuel Oil Company in
Bristol, Pennsylvania.
a. He did not receive any calls requesting a price
quote from anyone at the Lower Bucks County Joint
Municipal Authority until April of 1987. That is
when he sold the Authority fuel oil at $.69.9 a
gallon.
b. He is familiar with the controversy over the fuel
oil purchases because the matter was in the
newspapers.
c. His records reflect a list of prices at which he
would have sold the fuel oil, on the fist of each
month, to the Authority if they called him. The
second price is the amount he would have charged
the Authority if they had signed a contract with
him:
1985
Regular Price
Price With
Month Quote Contract
January $ .94.9 $ .87.9
February .96.9 .89.9
March .95.9 .88.9
April 1.03.9 .96.9
May .97.9 .90.9
June .91.9 .84.9
July .97.9 .90.9
August .90.9 .83.9
September .99.9 .92.9
October 1.01.9 .94.9
November 1.06.9 .99.9
December 1.07.9 1.00.9
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 17
1986
Regular Price
Price With
Month Quote Contract
January $1.03.9 $.96.9
February .76.9 .69.9
March .76.9 .69.9
April .65.9 .58.9
May .66.9 .59.9
June .57.9 .50.9
July .56.9 .49.9
August .63.9 .57.9
September .62.9 .55.9
October .59.9 .52.9
November .60.9 .53.9
December .62.9 .55.9
1987
Regular Price
Price With
Month Quote Contract
January $.67.9 $.60.9
February .69.9 .62.9
March .65.9 .58.9
April .69.9 .62.9
May .69.9 .62.9
June .73.9 .66.9
d. He could not give a set price on a contract for a
year, because he would have to store the fuel
after buying it at the bidded price, and he
doesn't have that storage capacity.
19. Harry Hyatt is Vice President for Commercial Sales at Meehan
Fuel Oil Company.
a. He submitted a bid to the Lower Bucks County
Joint Municipal Authority for the sale of fuel
oil in August of 1986.
b. He received information on the bid either from the
newspaper or from Business Manager, John Cocordas.
c. He was informed by Cocordas that Meehan was the
low bidder but was not going to get the business.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 18
d. Cocordas could not give him a reason why Meehan
wasn't going to receive the business.
e. The specifications never mentioned the bid price
was to be for a year.
f. He could have given a yearly rate, as his company
has the capacity to store 14 million gallons of
fuel oil, and it has been possible to set a price
and store the Authority's fuel.
M &M Fuel Oil Company would not have the same
capacity as they don't have the fuel tanks and
only have one truck.
g•
h. The prices charged the Authority by M &M appear to
be retail prices.
i. He would have sold fuel oil to the Authority at
the following prices had they been under contract
with Meehan:
1985
Date Price /Gallon
January 23, 1985 $.87.8
February 28, 1985 .85
April 1, 1985 .90.5
May 1, 1985 .81
May 29, 1985 .81
June 26, 1985 .76.5
July 24, 1985 .75.5
August 28, 1985 .81
September 25, 1985 .85.5
October 23, 1985 .89
November 20, 1985 .89
December 1, 1985 .91.5
1986
Date Price /Gallon,
January 1, 1986
February 1, 1986
March 1, 1986
April 1, 1986
May 1, 1986
June 1, 1986
July 1, 1986
$.90
.66
.66.5
.65.5
.54.5
.47.5
.41.5
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 19
a. 1985
b. 1986
August 27, 1986
September 24, 1986
October 22, 1986
November 26, 1986
December 24, 1986
1987
Date Price /Gallon
January 1, 1987
February 1, 1987
March 1, 1987
April 1, 1987
May 1, 1987
June 1, 1987
20. The excess cost to the Lower Bucks County Joint Municipal
Authority, as a result of purchasing fuel oil from M &M Fuel
Oil Company and not purchasing fuel oil from Eggert or
Meehan is tabulated as follows:
Purchased From M &M
Eggert's Regular Price
Excess Cost
Purchased From M &M
Eggert's Contract Price
Excess Cost
Purchased From M &M - $40,682.10
Meehan's Contract Price - 33,114.16
Purchased From M &M
- $35,891.80
Eggert's Regular Price -
Purchased From M &M
Excess Cost - $ 7,567.94
Excess Cost -
- $40,682.10
- 37,533.40
- $ 3,148.70
- $40,682.10
- 34,884.52
- $ 5,797.58
31,166.59
$ 4,725.21
- $35,891.80
.50.5
.47.25
.46.25
.50
.53.25
$.54
.56.5
.57.25
.57
.57.25
.60.75
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 20
c. 1987
Eggert's Contract Price - 27,283.29
Purchased From M &M
Meehan's Contract Price
Excess Cost
Purchased From M &M
Eggert's Regular Price
Excess Cost - $ 8,608.51
Excess Cost - $ 563.78
Purchased From M &M - $5,078.12
Eggert's Contract Price - 4,051.12
Excess Cost -
Purchased From M &M -
Meehan's Contract Price -
Excess Cost -
TOTALS FOR 1985. 1986 &
Purchased From M &M
Eggert's Regular Price
Excess Cost
1987:
- $35,891.80
- 25,579.85
- $10,311.95
- $5,078.12
- 4,514.34
$1,027.00
$5,078.12
3,758.22
$1,269.90
- $81,652.02
- 73 214.33
- $ 8,437.69
Purchased From M &M - $81,652.02
Eggert's Contract Price - 66,218.93
Excess Cost - $15,433.09
Purchased From M &M - $81,652.02
Meehan's Contract Price - 62,452.23
Excess Cost - $19,149.79
21. Ida Mae Pirolli wrote a number of checks on the M&M Fuel
Service checking account, no. 1501- 302705, at the Bucks
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 21
County Bank and Trust Company.
a. The checks were made payable to cash and were
endorsed by Ida Mae Pirolli.
b. Checks were issued as follows:
Date Check No. Amount
12/27/85 1600* $1,000
TOTAL $1,000
Date
Check No. Amount
4/18/86 2604 1,876
6/4/86 2177 430
6/10/86 2596 1,500
6/13/86 2182 836
7/3/86 2597 500
10/2/86 2392 2,000
12/18/86 2393 2,000
TOTAL $9,142
Date Check No. Amount
1/28/87 2394* $2,000
2/6/87 2601* 2,000
4/23/87 2593* 2,000
TOTAL $6,000
TOTAL 1985 - 1987 = $16,142
* Marked "For Deposit Only - Penn Manor Inn"
c. Checks were also written by Mark J. Pirolli on the
M &M Fuel Service checking account payable to cash
and stamped "For Deposit Only Penn Manor Inn ":
Date Check No. mount
1/22/85 1601 $2,000
4/6/85 1616 1.900
TOTAL $3,900
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 22
22. Checks were written on the M &M Fuel Service checking account
to pay various bills for services received at the 603 Train
Street, Tullytown, Pennsylvania address. The checks were
written by M. Pirolli:
a. Lower Bucks County Joint Municipal Authority
(Account #0105045):
Date Check No. Amount
3/25/85 1585 $ 34.13
6/7/85 1683 197.50
9/15/85 1772 129.15
1/6/86 1911 146.91
2/28/86 2035 123.58
5/22/86 2167 198.90
12/16/86 2418 169.31
3/13/87 2533 128.96
TOTAL $1,120.44
b. Bell Telephone Company for telephone number
(215) 946 -3255:
Date Check No. Amount
1/14/85 1482 $ 44.30
2/15/85 1538 40.85
8/25/85 1591 41.30
5/3/85 1647 75.59
6/7/85 1677 40.60
6/28/85 1697 28.54
8/8/85 1735 77.27
9/16/85 1769 65.26
10/28/85 1823 69.69
11/18/85 1849 57.46
1/6/86 1914 66.78
2/4/86 1974 144.95
2/28/86 2032 145.00
4/11/86 2096 173.98
5/5/86 2141 109.51
7/15/86 2221 58.66
7/28/86 2236 67.93
10/20/86 2348 78.62
11/22/86 2388 133.16
12/16/86 2421 98.35
5/13/87 2634 S 59.60
TOTAL $1,746.69
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 23
c. Oxford Cable Vision for service at 603 Main
Street, Tullytown, Pennsylvania:
Date
Check No. Amoun
4/23/86 2120 $ 52.74
5/5/86 2140 26.37
5/22/86 2159 26.37
9/16/86 2191 52.74
11/11/86 2385 52.74
5/3/85 1649 105.12
6/7/85 1682 111.79
6/28/85 1698 90.28
9/16/85 1773 463.06
10/28/85 1824 152.70
11/18/85 1851 96.93
1/6/86 1915 118.30
2/4/86 1977 282.11
2/28/86 2034 152.00
3/14/86 2057 33.20
5/5/86 2143 115.87
5/22/86 2166 115.09
6/16/86 2187 118.97
7/15/86 2218 191.17
8/20/86 2261 277.48
10/20/86 2345 88.42
10/20/86 2397 112.06
12/16/86 2426 199.29
1/13/87 2455 146.83
3/13/87 2526 $ 260.74
TOTAL $3,641.21
23. Records on file at the Oxford Valley Cablevision Company
indicate Customer Number 11- 006918C is registered to
M. Pirolli at 603 Main Street, Tullytown, Pennsylvania. The
date of installation of service was August 1, 1980.
24. Records on file at the Lower Bucks County Joint Municipal
Authority indicate Customer Number 0105045 is registered to
Michael Pirolli at 603 Main Street, Tullytown, Pennsylvania.
The exact date of service was not on file, but records
indicate it was in the late 1950s or early 1960s.
25. Records on file with the State of Pennsylvania Corporation
Bureau, Room 308, North Office Building, Harrisburg, PA
17120, indicate Penn Manor Inn is located at 578 Main
Street, Tullytown, PA 19007.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 24
a .
b.
The directors were identified as:
Michael Pirolli, 603 Main
Pennsylvania 19007
Ida Mae Pirolli, 603 Main
Pennsylvania 19007
Dominic Pirolli, 603 Main
Pennsylvania 19007
Street, Tullytown,
Street, Tullytown,
Street, Tullytown,
The incorporators, the number and class of shares
subscribed by each are:
Michael Pirolli, 603 Main Street, Tullytown,
PA, 49 Shares
Ida Mae Pirolli, 603 Main Street, Tullytown,
PA, 49 Shares
Dominic Pirolli, 555 Main Street, Tullytown,
PA, 2 Shares
c. The document is signed by Michael A. Pirolli, Ida
Mae Pirolli and Dominic Pirolli with the date,
December 27, 1968.
26. Documents on file at the Borough of Tullytown, PA contain
the following information in the Occupational Privilege Tax
File:
Form OPT -1, Employers Return for 1986 for Penn Manor
Inn, Inc., 578 Main Street, Tullytown, PA 19007, signed
by Ida Mae Pirolli, dated 4/29/86, with her title
listed as Secretary Treasurer.
Form OP -2, Occupational Privilege Tax for Penn Manor
Inn, 578 Main Street, Tullytown, PA 19007, signed by
Michael Pirolli.
OPT -1, Employers Return 1986 for Penn Manor Inn, Inc.,
578 Main Street, Tullytown, PA 19007, signed by Ida Mae
Pirolli, dated 7/29/86, with her title listed as
Secretary Treasurer.
27. State Ethics Commission's Statement of Financial Interest on
file at the Lower Bucks County Joint Municipal Authority
indicates it was submitted by Board Member, Michael A.
Pirolli, 603 Main Street, Tullytown, PA, telephone number
946 -3255. The form was dated 4/14/88. Pirolli lists Penn
Manor Inn as his only direct or indirect source of income.
Under office or directorship or employment in any business
for profit, Pirolli lists Penn Manor Inn.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 25
28. Ida Mae Pirolli was married to Michael Angelo Pirolli on
September 10, 1949.
a. They reside at 603 Main Street in Tullytown,
Pennsylvania.
b. Their home telephone number is 946 -3255.
c. There isn't anyone else in the family with the
name Ida Mae Pirolli.
d. Ida Mae Pirolli's signature appears on the
signature card for M &M Fuel Oil's checking account
at Bucks County Bank and Trust Company.
e. She presently holds the position of President of
M &M Fuel Company. She held that position when the
company first started and for the last five years.
f. She does not receive any compensation for her
position.
g.
]-
She is Secretary /Treasurer and Manager of the
Penn Manor Inn.
h. Her husband, Michael, is the President of the
Corporation that owns the Penn Manor Inn.
i. Her sons, Mark and Matthew, own M &M Fuel Oil
Company.
Her son, Michael Jr., was one of the original
owners.
k. She wrote a number of checks on M &M's checking
account to cash, and her signature appears as the
endorsement on the back of the check. She could
not give an explanation of why she wrote the
checks. She felt it may have been a convenience
for her sons, as she is the one who usually goes
to the bank. (Checks listed in 17a.)
1. She wrote a number of checks on M &M's checking
account to cash and deposit them in the account,
Penn Manor Inn. She could not give an explanation
of why she wrote the checks. (Checks listed in
17b.)
m. M &M Fuel Oil Company paid the utility bills for
her family in 1977, 1978 and 1979. The company
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 26
paid the bills because of the family's tight
financial situation.
n. She admitted that a series of checks written on
M &M checking account indicate that M &M Fuel Oil
Company paid the utility bills for her residence
in 1985, 1986 and 1987. (Checks listed in Finding
No. 22).
o. Her sons, Matthew and Mark, lived at home without
paying room and board and that the payments made
by M &M were their compensation for their room and
board; the use of the house for the oil business;
her answering of the phone; and the parking of the
oil trucks in the driveway of their home.
29. Michael A. Pirolli provided a statement to an investigator
from the State Ethics Commission:
a. He was appointed to the Lower Bucks County Joint
Municipal Authority by Tullytown Borough Council
in January of 1983.
b. M &M Fuel Oil Company was started by his three
sons, Michael, Jr., Mark and Matthew, working out
of his house. Two of the sons are out on their
own and the third still lives at home.
c. He was never involved in the M &M Fuel Oil Company
and had nothing to do with any of their business
practices.
d. Although his sons worked out of his house, they
had a separate telephone for their business.
e. He never had any financial benefit from the
company.
f. He had nothing to do with their bank account;
purchasing or registering their vehicles; or any
of the dealings required for the business.
g.
He owns the Penn Manor Inn and that is the source
of his income.
h. He pays the taxes and the utility bills for his
residence.
i. He doesn't know how his sons began to do business
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 27
j•
with the Lower Bucks County Joint Municipal
Authority. He had nothing to do with the
Authority doing business with them.
He wasn't aware of M &M doing business with the
Authority until he saw the company's name on the
list of bills that the Authority's Board had to
approve.
k. He never gave it a thought as to whether the
purchase should have been put out for bid.
1. It was the responsibility of the Authority's
business manager to make sure the purchase should
have been put out for bid.
m. He feels the blame should be spread equally among
the six board members.
III. DISCUSSION: Michael A. Pirolli, hereinafter Pirolli, as a
member of the Lower Bucks Municipal Authority, is a public official as
that term is defined under the Ethics Act. 65 P.S. 402;51 Pa. Code
§1.1. As such, his conduct is subject to the provisions of the Ethics
Act and the restrictions therein are applicable to him.
Initially, it is noted that Section 5 of Act 9 of 1989
provides in part as follows:
"This amendatory act shall not apply to violations committed
prior to the effective date of this act, and causes of
action initiated for such violations shall be governed by
the prior law, which is continued in effect for that purpose
as if this act were not in force. For the purposes of this
section, a violation was committed prior to the effective
date of this act if any elements of the violation occurred
prior thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 170 of October 4, 1978, P.L. 883 to determine
whether the Ethics Act was violated.
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 28
Under Section 3(a), quoted above, this Commission has determined
that use of office by a public official to obtain a financial gain for
himself or a member of his immediate family or a business with which
he is associated which is not provided for in law transgresses the
above provision of law. Thus, use of office by a public official to
obtain a financial gain which is not authorized as part of his
compensation is prohibited by Section 3(a): Hoak /McCutcheon v. State
Ethics Commission, 77 Pa. Commw. Ct. 529, 466 A.2d 283 (1983); Yacobet
v. State Ethics Commission, 109 Pa. Commw. Ct. 432 531 A.2d 536
(1987). Similarly, Section 3(a) of the Ethics Act would prohibit a
public official /employee from using public office to advance his own
interests; Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19,
540 A.2d 1374 (1988). Likewise, a public official /employee may not
use the status or position of public office for his own personal
advantage; Huff, Opinion 84 -015.
In addition, Section 3(c) of Act 170 of 1978 specifically provides
in part that no public official or member of his immediate family or
business with which he or a member of his immediate family is a
director, officer, owner or holder of stock exceeding 5 percent of the
equity at fair market value may enter into a contract with his
governmental body valued at five hundred dollars or more unless the
contract is awarded through an open end public process.
In the instant matter, we must determine whether Pirolli violated
either Section 3(a) or 3(c) of the Ethics Act regarding contracts
between the Authority and a firm which supplied home heating fuel to
the Lower Bucks County Joint Municipal Authority (Authority).
Factually, Pirolli served as a member of the Authority between
1968 and 1980 and from 1982 to the present time. The Authority is a
joint municipal authority covering Crystal Falls and Middletown
Townships and Tullytown Borough which municipalities appoint authority
members to five year staggered terms. Following the completion of the
Authority sewer plant in the early 1980's, the Authority switched from
kerosene to fuel oil for its operational needs. Neither the purchase
of kerosene prior to 1986 or fuel oil prior to the completion of the
sewer plant was done through a bid process. The minutes of the
Authority reflect that one board member in June 17, 1986 questioned
purchases from the M &M Fuel Oil Company. In the September 16, 1986
meeting, a question arose as to whether the bids submitted were
through an open public process since they were offered at a given
daily rate. After the solicitor suggested that the Authority re-
advertise for a bid for a one year period, the Authority decided to
purchase its fuel at that time from the then low bidder. Mr. Pantano
at the April 21, 1987 meeting suggested that the Authority make its
purchases from the County Consortium for the purpose of making
purchases through group contracts. From January 1985 through April
1987, the firm of M &M sold either kerosene or fuel oil to the
Authority. Of the twenty -eight foregoing transactions, all but two
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 29
involved contracts exceeding five hundred dollars in value (Fact
Finding 7). Further, the minutes of the Authority reflect numerous
votes with Pirolli participating in the votes and approving payments
to M &M Fuel Oil Company (Fact Finding 8). The M &M Fuel Oil Company
was incorporated in Pennsylvania with the location of the registered
officer at Pirolli's residence. Pirolli's wife holds the position of
President of M &M Fuel Company but does not receive compensation for
her position. Pirolli's wife has written a number of checks from the
M &M's checking account to cash followed by a deposit in the account of
Penn Manor Inn of which Pirolli is the president; she has written
checks to pay the utility bills for the family residence in 1987
through 1979.
Nick Eberly, the current Authorities Superintendent has indicated
that M &M Fuel Oil was selected because Authority personnel called
around and found M &M to have the lowest price. Eberly states that he
was not aware that Mike Pirolli Jr. of M &M was related to Pirolli
until sometime in 1982 or 1983. Eberly never discussed purchases with
Pirolli. In addition, Michelle Zuchero, a former Authority clerk and
current computer clerk, indicates that both Nick Eberly and John
Cocordas instructed her to call around to get the cheapest price for
heating fuel. Ms. Zuchero further notes that M &M had the lowest price
and the Mehan Oil would not deliver on an as needed basis. Zuchero
also confirms that she did not discuss fuel purchases with Board
member Pirolli. Further, Joseph Pantano, the Authority Managing
Engineer, states that the policy of purchasing fuel oil was questioned
before he started working for the Authority and that the purchase of
fuel oil was put out for bids in September of 1986. Pantano stated
that Mehan Fuel Oil Company did submit a lower price but would not
guarantee that price for the year. Jack Sirott, the Authority
Solicitor, states that he advised the Board in 1986 that the bids were
improper because they did not lock in a price for the fuel oil. Jack
Kelly, an Authority member, advised that he noticed the bills coming
from M &M's Fuel Oil Company exceeded the four thousand dollar limit
found in the Municipalities Authorities Act but the Board Chairman and
Solicitor dismissed the concern on the basis that M &M was a small
company. Upon reading a newspaper article that Pirolli had a
financial in M &M, Kelly brought up the matter at a board meeting
wherein Pirolli stated that M &M was his son's business and that he did
not have any financial interest therein. Kelly states that the
Authority decided to put the matter out for bids but the Solicitor
advised that the bids were not proper and suggested remaining with the
low bidder. However the Authority decided to purchase the fuel oil
through the Bucks County Consortium. John Cocodoras, the current
Authority Business Manager, advises that he was not consulted
regarding fuel oil purchases but was advised by Eberly that fuel oil
was purchased from M &M because of convenience both as to late night
deliveries and deliveries on holidays. Cocodoras also advised that
after an authority member questioned the purchases without bids, he
(Cocodoras) was instructed to advertise for bids. After bids were
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 30
submitted, the Solicitor threw out the bids and Pantana was instructed
to take over the process. The purchases were eventually made through
the Bucks County Consortium. Cocordas does note that Pirolli never
spoke to him regarding fuel oil purchases.
Rich Eggert, the owner of Eggert Fuel Oil Company, stated that he
did not receive calls from the Authority regarding price quotes but he
is familiar with the controversy over the fuel oil purchases due to
the publicity in the newspapers. In addition, Harry Hyatt, the vice -
president for commercial sales of Mehan Fuel Oil Company, stated that
he submitted a bid to the Authority based upon information received
either from the newspaper on Business Manager Cocordas. Hyatt advised
that he was informed by Cocordas that Mehan was the low bidder but
that they would not receive the business and that he was not advised
about any specifications for a bid price for a period of one year.
A cost comparison of purchasing the fuel oil from M &M versus
purchasing the fuel oil from either Eggert of Mehan Fuel Oil Company
reflects a higher cost to the Authority for purchasing fuel oil from
M &M (Fact Finding 20).
As noted above, various checks from the account of M &M were
written to pay various bills for services at 603 Train Street which is
the residence of Pirolli, his wife, and sons. Said bills included
payments for the service by the Authority, telephone bills and cable
vision. Further, various checks were written to the order of cash and
deposited in the Penn Manor Inn of which Pirolli is president. No
explanation has been offered as to why funds from the M &M account
were deposited via checks to the account of Penn Manor Inn. The
foregoing raises a question in light of Pirolli's statement that he
has no interest in nor has received any financial benefit from M &M.
In applying the above quota provisions of Sections 3(a) and 3(c)
of the Ethics Act to the incident matter, we find violations of
Section 3(a) and 3(c). As to Section 3(a), there has been a use of
office by Pirolli in approving the bills for payment of the fuel oil
to M &M fuel oil company (Fact Finding 8). Further, the use of office
resulted in a financial gain consisting of the payments and profits
received by M &M from supplying the authority with fuel oil between
1985 and 1987. Finally, the financial gain was for himself in that
various checks from M &M were written to cover various expenses for
Pirolli's residence as well as being deposited in the Penn Manor Inn
account. Finally, the compensation was other than provided for by law
because there is no provision in the Municipalities Authorities Act
which would authorize such purchases of fuel oil. To the contrary,
Section 310 D in fact would appear to prohibit such activity,
53 P. S. 312 D.
As to Section 3(c) of the Ethics Act, the findings indicate that
26 of the 28 documented purchases of fuel oil from M &M exceeded the
five hundred dollar threshold limit. In addition, the record reflects
that the purchases were not through an open and public process.
Therefore, since M &M, a business in which a member of Pirolli's
immediate family (spouse) is a director, officer (spouse is president
of M &M), owner or holder of stock exceeding five percent of the equity
Mr. Michael A. Pirolli
File No. 88 -109 -C
Page 31
at fair market value, entered into these contracts with the Authority,
Section 3(c) of the Ethics Act was violated as to such purchases.
The right of this Commission to order restitution in cases of
financial gain by a public official in derogation of Section 3(a) of
the Ethics Act has been upheld by Commonwealth Court in Yocabet vs.
SEC,supra. In the instant matter, we believe that restitution in the
amount of $8,437.69 (Fact Finding 20) is appropriate and accordingly
order Pirolli to make restitution to the Authority through this
Commission in that amount. With the payment of restitution, this
Commission will take no further action. However, if restitution is
not made, this matter will be referred for an order enforcement
action.
IV. CONCLUSIONS OF LAW:
1. Michael A. Pirolli, as a member of the Lower Bucks County Joint
Municipal Authority, is a public official subject to the provisions of
the Ethics Act.
2. Pirolli violated Section 3(a) of the Ethics Act when he used
public office to vote to approve payments of bills for fuel oil
provided by M &M Fuel Oil Company which was a financial gain other than
compensation provided for by law to Pirolli in that M &M company issued
checks in payment of various bills for Pirolli's residence as well as
issued checks which were deposited in the account of Penn Manor Inn of
which Pirolli is president.
3. Pirolli violated Section 3(c) of Act 170 of 1978 when M&M Fuel Oil
Company, a business with which his wife is president, contracted with
Pirolli's governmental body, the Lower Bucks County Joint Municipal
Authority, to supply fuel oil when the contracts exceeded $500.00 and
were not awarded through an open and public process.
In re: Michael A. Pirolli
: File Docket: 88 -109 -C
: Date Decided: July 12, 1991
: Date Mailed: July 16, 1991
ORDER No. 804
1. Michael A. Pirolli, as a member of the Lower Bucks County
Joint Municipal Authority, violated Section 3(a) of the Ethics Act
when he used public office to vote to approve payments of bills for
fuel oil provided by M &M Fuel Oil Company which was a financial gain
other than compensation provided for by law to Pirolli in that M &M
company issued checks in payment of various bills for Pirolli's
residence as well as issued checks which were deposited in the account
of Penn Manor Inn of which Pirolli is president.
2. Pirolli violated Section 3(c) of Act 170 of 1978 when M &M
Fuel Oil Company, a business with which his wife is president,
contracted with Pirolli's governmental body, the Lower Bucks County
Joint Municipal Authority, to supply fuel oil when the contracts
exceeded $500.00 and were not awarded through an open and public
process.
3. Pirolli is hereby ordered to make restitution in the amount
of $8,437.69 to the Authority through this Commission as a result of
the financial gain received in violation of the Ethics Law.
4. Based upon the totality of the facts and circumstances, this
Commission will take no further action as to the findings of
violations. However, if restitution is not made, this matter will be
referred to the appropriate law enforcement authority for an order
enforcement action.
BY THE COMMISSION,
/ AAP"d
ROBERT W. BROWN, CHAIR