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Home My WebLink About34 PasserottiMr. Tracy Passerotti 8980 Rohl Road North East, PA 16428 Dear Mr. Passerotti: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION April 24, 1981 No. 34 Re: File No. 80 -03C #80 -03 -C As you were advised on March 20, 1980, the Commission received a complaint and allegations were made about you as a Supervisor in Harborcreek Township. The Commission has now completed its investigation and finds no actual conflict of interest in the circumstances presented. However, the Commission believes, and you, by Agreement have understood, that there may be an appearance of a conflict of interest in the two areas listed in Paragraph 5 of the Agreement executed between your counsel and the Commission's staff. Further, given the possible appearance of conflict you have agreed that you will: Abstain from voting as a Township Supervisor on any matter in which your private business is directly or indirectly involved. Insure that any work awarded to your business is in accordance with Section 3(c) of Act 170 - which states '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 570 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.' Mr. Tracy Passerotti April 24, 1981 Page -2- Insure that remuneration for work performed for the Sewer Authority by you or your business while you are a Township Supervisor is in accordance with the local rules covering dual employment. The Commission accepts and adopts said Agreement and incorporates same as part of its Order. Thus, you shall from and after the date of this Order, if you are not already doing so, conform your conduct as a Township Supervisor to the standards reiterated above, as contained in Paragraph 6 of said Agreement. In light of the Agreement which we have accepted and adopted and the above Order based upon same, the Commission further orders that the file in this matter be marked "Closed upon Agreement." All files in this case will remain confidential. However, this Order is final and will become available as a public document within 15 days unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings made. PJS /jc cc: Zanita Zacks - Gabriel, Esquire Ronald G. Lench, Esquire Sincerely, �Y auul J. mith Chairma 80 -03C. State Ethics Commission Commonwealth of Pennsylvania In re: Tracy Passerotti File No. 80 -03C Harborcreek Township, Erie County Agreement And now comes Sandra S. Christianson, General Counsel, on behalf of the staff of the State Ethics Zanita -Zacks Gabriel and Ronald G. Lench, for the Respondent, Tracy Passerotti, and - Commission and Esquire, Attorneys, set forth the following as their Agreement and Understanding in the above - referenced matter: 1. The State Ethics Commission received and investigated a complaint in regard to the conduct of Passerotti as Harborcreek Township Supervisor. This was docketed at ti 2. After preliminary inquiry, on March 18, 1980 the Commission issued an Order in which they found that the circumstances of this complaint warranted a field investigation to ascertain whether the provisions of Act 170 had been violated. 3. Following such further investigation, the Commission on April 11, 1980 issued a decision in the matter which decision was subsequently withdrawn on .:tune 12, 1980. However, in order to finalize all investigations related to this complaint the Commission staff: a. Agrees to recommend to the full Commission at its next regularly scheduled meeting that this matter be marked "closed" based on the agreements and representations of Passerotti as contained in Paragraph 6 of this Agreement. Such recommen- dation will include the understanding set forth in Paragraphs (b) and (c) below; b. Understands that Passerotti has not agreed to nor conceded that any violation of the Ethics Act exists in his case; to the contrary, Passerotti has and continues to argue and state that his actions do not constitute violations of the Ethics Act. c. Does not necessarily agree or disagree with Passerotti's contention that no violations of the Ethics Act exist in this matter. d. Understands that this agreement applies to the complaint docketed at 80 -03C and does not relate to any complaint filed in the future against the Respondent Passerotti. 5. Passerotti, without admitting that any violation of the Ethics act has occurred or exists and having maintained the contrary position as set forth in Para- graph 4(b) above understands that there may be an appearance of a conflict of interest in regard to the allegation: -2-- a. That a company he owns has performed work for the Harborcreek Township Sewer Authority which Authority is appointed by the Township Supervisors. b. That his company performed work on private development projects in the Township, on which projects prior approval was required from the Township Supervisors. 6. Passerotti agrees that in the future, from and after the date upon which the Commission may accept this Agreement and recommendation of the staff based on same, that he will if he is not already doing so: a. Abstain from voting as a Township Supervisor on any matter in which his private business is directly or indirectly involved; b. Insure that any work awarded to his business is in accordance with Section 3(c) of Act 170 - which states "No public official or public em- ployee 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." -3- c. Insure that remuneration for work performed for the Sewer Authority by him or his business while he is a Township Supervisor is in accordance with the local rules covering dual employment. WHEREFORE, both Parties agree that the terms of this Agreement if executed and accepted by the Commission shall constitute the basis for an order of the Commission marking this matter "Closed." If the Commission does not accept the staff recommendation as set forth in this Agree- ment, this Agreement becomes null and void and shall not prejudice the rights, duties and further actions of either party. Li 3 Ronald G. Leach, Esq. Attorney for Respondent, Tracy Passerotti Sandra S. stianson General Cou el Attorney f State Ethics Commission Date a a ;LI 1 ( 'EM Date Sii/F2