HomeMy WebLinkAbout471 PellegriniMr. Alfred Pellegrini
R.D. #3, Ella Hollow Road
Elizabeth, PA 15037
Re: 83 -158 -C
a. 1979 - 35.nn /hr.
Y �t
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
ORDER OF THE COMMISSION
May 2, 1986
Order No. 471
The State Ethics Commission has received a complaint regarding you and a
possible violation of Act 170 of 1978. The Commission has now completed its
investigation. The individual allegations, conclusions, and findings on which
those conclusions are based are as follows:
I. Allegation #1: That you, a Township Supervisor and Roadmaster in Forward
Township, violated Section 3(a) of the Ethics Act, 65 P.S. 403(a), by using
your office and /or confidential information gained through that office to
receive compensation from the township without performing the services for
which you were compensated.
A. Findings:
1. You were appointed Forward Township Supervisor in 1975 to fill an '
unexpired term. You subsequently were elected to that position, most recently
in 1983. As an elected public official you are subject to the provisions of
the Ethics Act.
2. Examination of the minutes of the meetings of the Forward Township
Supervisors Reorganization meetings from 1979 to 1985 confirm that annually
all three township supervisors were appointed roadmasters.
a. You attended those meetings and cast affirmative votes for the
supervisors appointments as roadmasters. The votes were all
unanimous.
h. You stated the appointment of supervisors as roadmasters has been a
long time practice in Forward Township. This has been confirmed hy
the other supervisors.
3. You have also heen appointed annually as Supervisor of Police.
4. Your wages as roadmaster were set hy the Forward Township Auditors. The
rates of pay were as follows:
Mr. Al red Pel legri ni
Page 2
5. Forward Township Payroll records disclosed that you earned the following:
b. 1980 - $5.50 /hr.
c. 1981 - $6.05 /hr.
d. 1982 - $7.00 /hr.
e. 1983 - $7.00 /hr.
f. You admit that each °'eir the supervisors requested an hourly rate and
that these requests have aeon approved Fy the auditors.
g. The requests for wages from the L - rd of supervisors to the auditors
were form letters which read as fc lows ... we the auditors set
the following hourly rates ...
a. 1979
The requests only required the signature oY the auditors.
Pay Period Hours Rate of Gross Met
Ending Submitted Pay Pay
May 2, 1986
1/15/79 32 $5.00 $160.00 $107.47
1/31/79 32 5.00 160.00 107.47
2/15/79 32 5.00 160.00 107.47
2/28/79 32 5.00 160.00 107.47
3/15179 32 5.00 160.00 107.47
3/31/75 32 5.00 160.00 107.47
4/15/79 20 5.00 100.00 67.17
4/30/.9 0 0.00 000.00 0.00
5/15/79 '.0 5.00 100.00 67.17
E./31/79 32 5.00 167.00 107.47
6/15/79 32 5.00 167.00 107.47
6/30//9 32 5.00 167.00 107.47
7/15/79 S2 5.00 167.00 107.47
7/31/79 32 5.00 167.00 107.47
8/15/79 32 5.00 167.00 107.47
8/31/79 32 5.00 167.00 107.47
9/15/79 32 5.00 167.00 107.47
9/30/79 32 5.00 167.00 107.47
10/15/79 32 5.00 167.00 107.47
10/31/79 32 5.00 167.00 107.47
11/15/79 32 5.00 167.00 107.47
11/30/79 32 5.00 167.00 107.47
12/15/79 32 5.00 167.00 107.47
12/31/79 32 5.00 167.00 107.47
Total $3,560.00 $2,391.21
Mr. Alfred Pel leg ri ni
Page 3
b. 1980
Pay Period Hours
Ending Submitted
1/15/80
1/31/80
2/15/80
2/29/80
3/15/80
3/31/80
4/15/80
4/30/80
5/15/80
5/31/80
6/15/80
6/30/80
7/15/80
7/31/80
8/15/80
8/31/80
9/15/80
9/30/80
10/15/80
10/31/80
11/15/80
11/30/80
12/15/80
12/31/80
c. 1981
Pay Period
Ending
1/15/81
1/31/81
2/15/81
2/28/81
3/15/81
3/31/81
4/15/81
4/30/81
5/15/81
5/31/81
6/15/81
6/30/81
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
32
Hours
Submitted
34
32
36
31
35
40
36
35
36
36
35
36
Rate of Gross
Pay Pay
$5.50 $176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
5.50 176.00
Total $4,224.00
Rate of Gross
Pay Pay
$6.05
6.05
6.05
6.05
6.05
6.05
6.05
6.05
6.05
6.05
6.05
6.05
$205.70
193.60
217.80
187.55
211.75
242.00
217.80
211.75
217.80
217.80
211.75
217.80
May 2, 1986
Net
$118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
118.23
$2,837.52
Net
$137.10
129.04
145.17
125.01
141.14
161.30
145.17
141.14
145.17
145.17
141.14
145.17
Mr. Al red Pel legri ni
Page 4
May 2, 1986
7/15/81 35 6.05 211.75 141.14
7/31/81 39 6.05 235.90 157.25
8/15/81 24 6.05 145.20 96.79
8/31/81 36 6.05 217.80 145.17
9/15/81 32 6.05 193.60 129.05
9/30/81 32 6.05 193.60 129.05
10/15/81 32 6.05 193.60 129.05
10/31/81 34 6.05 205.70 137.12
11/15/81 36 6.05 217.80 145.17
11/30/81 32 6.05 193.60 129.05
12/15/81 36 6.05 217.80 145.17
12/31/81 37 6.05 223.85 148.86
Total $5,003.35 $3,334.59
d. 1982
Pay Period Hours Rate of Gross Net
Ending Submitted Pay Py
1/15/82 32 $7.00 $224.00 $149.18
1/31/82 32 7.00 224.00 149.20
2/15/82 36 7.00 252.00 167.84
2/28/82 32 7.00 224.00 149.20
3115/82 34 7.00 238.00 158.50
3/31/82 32 7.00 224.00 149.18
4/15/82 30 7.00 210.00 139.86
4/30/82 24 7.00 168.00 111.88
5/15/82 0 0.00 000.00 000.00
5/31/82 32 7.00 224.00 149.18
C/15/82 32 7.00 224.00 149.18
6/30/82 32 7.00 224,00 149.18
7/15/82 32 7.00 22f.00 149.18
7/31/82 32 7.09 224.)0 149.18
8/15/82 32 7.00 224.00 149.18
8/30/82 0 0.00 000.00 000.00
9/15/82 32 7.90 224.00 149.18
9/30/82 32 7.00 224.00 149.18
10/15/82 32 7.00 224.00 149.18
10/31/82 32 7.00 224.00 149.18
11/15/82 32 7.00 224.00 149.18
11/30/82 32 7.00 224.00 149.18
12/15/82 32 7.00 224.00 149.18
12/31/82 32 7.00 224.00 149.18
Total $4,900.00 $3,2633.6
Mr. Al red Pel legri ni
Page 5
e. 1983
May 2, 1g86
Pay Period Hours Rate of Gross Net
Ending Submitted Pay Pay
1/15/83 32 $7.00 $224.00 $149.18
1/31/83 32 7.00 224.00 149.18
2/15/83 32 7.00 224.00 149.18
2/28/83 32 7.00 224.00 149.18
3/15/83 32 7.00 224.00 149.18
3/31/83 32 7.00 224.00 149.18
4/15/83 32 7.00 224.00 149.18
4/30/83 12 7.00 84.00 55.94
5/15/83 0 0.00 000.00 000.00
5/31/83 32 7.00 224.00 149.18
6/15/83 40 7.00 280.00 186.48
6/30/83 40 7.00 280.00 186.48
7/15/83 38 7.00 266.00 177.16
7/31/83 31 7.00 217.00 144.54
8/15/83 24 7.00 168.00 110.89
8/31/83 26 7.00 182.00 120.13
9/15/83 26 7.00 182.00 120.13
9/30/83 18 7.00 126.00 83.17
Additional 10/15/83 18 7.00 126.00 83.17
pay sheet - -- 10/31/83 to 20 7.00 140.00 92.40
added 11/8/83
11/15/83 20 7.00 140.00 92.40
11/30/83 10 7.00 70.00 46.20
12/15/83 30 7.00 210.00 136.60
12/31/83 36 7.00 252.00 166.33
Total $4,515.00 $2,875.33
6. The checks you received for the above amounts were based on hours you
submitted to Township Secretary Audrey Julian.
a. You stated that each supervisor is required to maintain a personal
record of hours worked and that at the end of each pay period the
hours are submitted to the township secretary. Those hours are not
documented or approved by any of the other supervisors.
i. Payroll records of the township do not reflect what services, if any, were
performed by you.
8. The roadmaster position is not a full -time job, and work by the
supervisors acting as roadmasters is to be done on an as needed basis. The
supervisors were to do jobs not completed by the part -time road crew.
Mr. Al red Pel legri ni
Page 6
9. Until January, 1984 Forward Township did not employ a full -time road crew.
The work force consisted of workers who were considered "part- time" although
township records confirm that from 1981 through 1983 at least two workers
worked on a regular basis.
10. Throughout your term of service as a Forward Towhship Supervisor you have
also been employed full -time by Allegheny County as Superintendent if Round
Hill Park.
11. Records maintained at Round Hill Park disclose the fol lovri ng periods of
leave used by you from mid -1980 to =resent:
a. 1980: Vacation
From May 1980)
- November 3, 10, 12, 13, and 14.
- December 1, 2, 3, 22, 23, 24, 26, 29, 30
and 31.
Compensatory September 12, 30 - 1/2 day each.
October 7, 14, 16, 17, 21, 23 - 1/2 day each.
b. 1981: Vacation - August 3, 4, 5. 6, 7
- November 10, 30
- December 1, 2, 14, 15, 23, 24, 28, 29 (12/3,
12/15 - 1/2 da:'s.
Personal - November 3
- December 30, 31
Compensatory
Leave
c. 1982: Vacation
Personal
Death leave
- February 18 - 1/2
- ;larch 24, 25, 26 -
- April 3, 22, 28 -
May 5, 12, 19, 28
- June 4, 19
- September 22, 25 -
October 6, 14, 21,
i4ovembc 2
May 6, 7, 10, 11, 12, 13, 14, 1/
August 16, 17. 18, 20, 23, 24, 25
- May 18
November 2
January 5, 6, 7, 8
April 26, 27, 28, 29
December 8, 9, 10, 13
day.
24, ano 26 1/2 days.
1/2 days.
- 1/2 days.
May 2, 1986
1/2 days.
22, 27, 28 - 1/2 days.
Mr. Alred Pellegrini
Page 7
May 2, 1986
Compensatory - April 8, 19, 16 April 22 - 1/2 day.
Leave - June 1, 8, 10, 15, 17, 22 29 - 1/2 days except
6/10.
- August 19
- October 21
- Novmeber 1, 29, 30
- December 14, 27, 30
Sick Leave . - August 26, 27, 30, 31
- September 1, 2, 3
d. 1983: Vacation - November 21, 22, 23, 25, 28, 29, 30
December 20, 21, 22, 23, 27, 28, 29, 30
Personal - May 17
November 8
- December 12
Compensatory - March 30
Leave - April 26 - 1/2 day 27
- May 5, 6, 18
- July 28
- August 3, 4, 5, 8, 9, 12, 27 - 1/2 day.
- September 27, 30 - 1/2 days
October 20, 31 - 1/2 day
Novmeber 2 1/2 day 4, 7, 8, 9
December 19
e. 1984: Vacation - May 14, 15, 16, 17, 18, 23, 24, 25
- November 27
- December 12, 13, 14, 17, 18, 19, 20, 21, 24,
26, 31
Personal - April 10
- November 6, 7
Compensatory - April 20
Leave - May 9, 10, 11, 21, 22
- October 22, 25
- November 19, 20, 26 - 1/2 day.
- December 11
Sick Leave - February 24
- December 27, 28
12. Payroll records of Forward Township and your leave records of Allegheny
to Round Hill Park disclosed the following:
Mr. Al red Pel l eg ri ni
Page 8
May 2, 1986
a. You used death leave from Allegheny County on April 26, 27, 28, 29 of
1982 and also claimed (4) hours work for each of April 27, 28, 29,
1982 to Forward Township.
b. You used death leave on December 13, 1982 and also claimed (8) hours
work for Forward Township.
c._ For the period August 26, 1982 through September 3, 1982 you used
sick leave from Allegheny County. On September 3, 1982 you claimed
(4) hours work for Forward Township.
d. You submitted (4) hours work to Forward Township on Friday, August
20, 1982, bat are also shown to be working for Allegheny County on
that date.
e. In June, 1983, you submitted the following hours to Forward Township
while also working for Allegheny County.
1. June 1, 1983 - 3 hours
2. June 7, 1983 - 3 hours
3. June 9, 1983 - 3 hours
4. June 10, 1983 - 3 hours
E . June 13, 1983 - 3 hours
6. Jvn : 14, 1983 - 9 hours
7. June 16, 1983 - 2 hours
8. June 22, 1983 - 2 hours
9. June 29, 1983 - 2 hours
10. Jure 30, 1983 - 2 hours
f. In July, 1983, you submitted the following hours to Forward Township
while also working for Allegheny County.
1. July 4, 1983 - holiday - 8 hours.
2. July 6, 1983 - 2 hours
3. July 7, 1923 - 2 hours
4, July 13, 1983 - 3 hours
5. July 14, 1983 - 3 hours
6. July 15, 1983 -• 1 hours
7. July 27, 1983 - 3 hours
In August, 1983 you submitted the following hours to Forward
Township while also working for Allegheny County.
1. August 3, 1983 - 3 hours
2. August 10, 1983 - 2 hours
3. August 11, 1983 - 2 hours
4. August 12, 1983 - 11 hours
5. August 15, 1983 - 2 hours
6. August 17, 1983 - 2 hours
7. August 18, 1983 - 2 hours
9.
Mr. Al red Pel legri ni
Page 9
8. August 25, 1983 -. 4 hours
9. August 29, 1983 - 2 hours
h. In September, 1983, you submitted the following hours to Forward
Township while also working for Allegheny County.
1. September 1, 1983 - 3 hours
2. September 2, 1983 - 3 hours
3. September 7, 1983 - 4 hours
4. September 8, 1983 - 3 hours
5. September 12, 1983 - 3 hours
6. September 14, 1983 - 4 hours
7. September 19, 1983 - 2 hours
8. September 21, 1983 - 3 hours
9. September 22, 1983 - 4 hours
10. September 26, 1983 - 3 hours
11. September 29, 1983 - 2 hours
i. In October, 1983, you submitted the following hours to Forward
Township while also working for Allegheny County.
1. October 10, 1983 - 3 hours
2. October 12, 1983 - 4 hours
3. October 19, 1983 - 2 hours
J. •
In November, 1983 you submitted the following hours to Forward
Township while also working for Allegheny County.
1. November 3, 1983 - 2 hours
2. November 10, 1983 - 2 hours
3. November 11, 1983 - 8 hours - holiday
4. November 18, 1983 - 2 hours
k. In December, 1983 you submitted the following hours to Forward
Township while also working for Allegheny County.
1. December 2, 1983 - 6 hours
2. December 5, 1983 - 3 hours
3. December 9, 1983 - 2 hours
4. December 12, 1983 - 3 hours
5. December 13, 1983 - 3 hours
13. Your family owns a bar in Forward Township known as Rapp's Bar.
a. You were a bartender in that bar until the latter part of 1982
working during the evenings and on weekends.
b. You are also known to frequent that establishment on saturdays.
Reports confirm that this is an every saturday occurrence.
May 2, 1986
Mr. Al red Pel l eg ri ni
Page 10
May 2, 1986
14. Forward Township payroll records confirm that a significant part of your
compensation was for hours worked on saturdays.
15. Records confirm that while you worked for Allegheny County on April 7,
1983 and April 8, 1983, you also received per diem from Forward Township in an
amount of $180.00 attending a conference at Seven Springs. You also were
compensated for four (4) hours on both April 7, 1983 and April 8 1983, by
Forward Township.
B. Discussion: As a Township Supervisor in a township of the second class,
you are. clearly a public official as that term is defined in the State Ethics
Act. 65 P.S. §402. As such, your conduct must conform to the requirements of
the Act. Sowers, 80 -050; King, 86 -025.
The State Ethics Act provides as follows:
Section 3,, i:estricted 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. 403(a).
Within the above provision of law, a township official may not use his
position in order to obtain any financial gain for himself other than the
compensatior provided for by law. Such an official may not use confidential
information obtained in his official position for similar purposes. As an
elected township official you were, of course, permitted to be appointed to
the position of township roadmaster, or laborer and were also authorized to
receive compensation for serving in such a position. In order to receive such
compensation, however, and in order for such compensation to be that which is
provided for by law, it must have been fixed by the township board of auditors
and a supervisor so employed must be physically able to and actually work on
the township roads and facilities. 53 F.S. §65514; §65515. Thus, any
township supervisor, who in his official position, approves and accepts
payments for worki ng on township roads when that individual actually does not
work, would be in violation of the State Ethics Act as well as potentially in
violation of other provisions of law.
We have reviewed the instant situation in light of the above principles
of law. Substantial questions have been raised in relation to certain hours
for which you were paid for working on Forivard Township business.
Specifically, as set forth in Finding 12, you had taken leave on certain days
from your position with Allegheny County. We note that you were employed by
Allegheny County which is a governmental body. As set forth in Finding 12
a, b, and c you had taken death leave from Allegheny County on four
Mr. Alred Pellegrini
Page 11
16. You sought re- election as a Forward Township Supervisior in 1983.
May 2, 1986
consecutive days in April of 1982 when you also claimed working and were paid
for working by Forward Township on those same days. This also occurred on one
day in December of 1982. Additionally, you claimed sick leave from your
county position on September 3, 1982, at the same time, however, you also
claimed to be working for Forward Township. In addition to the foregoing, we
note that you claimed hours for working on Forward Township business on days
that you were also working for Allegheny County. These are not days during
which you were on vacation or other personal leave. In addition to the
foregoing, records of the township confirm that you claimed pay for working
for Forward Township on April 7, 1983 and April 8, 1983, when in fact you
attended and received compensation for attending a conference in Seven
Springs.
We believe that the fact that you claimed leave other than vacation or
compensatory leave from your county job on the same days when you were being
paid for working on Forward Township roads, creates a question as to whether
you were truly on the type of leave that had been requested or whether you, i
fact, were not working on Forward Township roads. We believe that the patter
of activity evidenced by the foregoing factual situation, when reviewed in it
totality, requires us to refer this matter to the appropriate law enforcement
authorities so that a further determination can be made as to whether you
have, in fact, violated any provision of the laws in this Commonwealth and
whether appropriate proceedings should be initiated as a result thereof.
C. Conclusion: The evidence presented in relation to days on which you were
on sick or death leave from your county position and for which you also
received payment from Forward Township for working on the roads; and the
evidence presented in relation to days on which you claimed that you worked
and received compensation for both Allegheny County and Forward Township; and
the evidence presented in relation to your attending a conference in Seven
Springs and receiving compensation, therefor, and working on the township
roads on the same days and receiving compensation warrant further review by
appropriate law enforcement authorities. We are, therefore, referring this
matter to the appropriate law enforcement authority with the recommendation
that further review be undertaken in order to determine whether your actions
are in accordance with the appropriate laws and that appropriate actions be
initiated if warranted.
Allegation #2: That you violated Section 3
Act, 65 P.S. 403(a) and 403(h) respectively
personnel and equipment used to oil private
and deliver slag to private persons includi
A. Findings:
(a) or Section 3(b) of the Ethics
, by using or having township
driveways, grade prvi ate property,
ng your relatives.
n
n
s
Mr. Al red Pel legri ni
Page 12
May 2, 1986
17. The following is a listing of work done on private driveways /roadways by
the Forwarrd Township road crew completed prior to the 1983 primary and
general elections:
a. Mary Protz, Torrence Road, April, 1983. Approximately (6) ton
slag /gravel dumped in driveway. Protz is an aunt to you.
b. Dean Smith, coal yard Kelly Hollow Road, April -May 1983. (3) ton
gravel /slag.
c. East Monongahela Sportsmen's Club, April-May, 1983. Road dust oil
d. Lock #3 Oil, coal and dock, April -May 1983. Road dust oil.
e. Frank Rostosky, R.D. #3, Monongahela, April -May, 1983.. Road dust
oil.
f. Glenn Dyer, R.D. #1, Monongahela, April -May, 1983. Road dust oil.
g. James McClintick, R.D. #3, Monongahela, April -May, 1983. Road .
graded, shale /gravel work.
h. Jay Davis, Sunnyside Road, April -May, 1983. (5) ton gravel, road
graded.
1. Ken Manown, . River Hill, May -June, 1983. (5) ton blacktop.
j. John Koynock, Kelly Hollow Road, April and September, 1983.
Approximately (10) tons of gravel /slag.
k. Walter Crovak, Bunola Area, October 3, 1983. (5) ton gravel /slag.
The work performed above was done by the roadcrew per orders from you and
Supervi so Vincent Jule an.
18. Records obta►, fray Forward Tot Secretary Audrey Julian regarding
work done on the private (.' riveways of Forward Township residents were
exami ned, and the fol1owi ng i nfcrmation w,s obtained from monthly billings:
a, July, 1983: Listing wider icceipts presented at monthly meetings:
Glenn Dyer - $37.80 Road dust oil.
Lock 3 Coal to Dock Co. - $126.00 Road dust oil.
Mr. Alred Pellegrini
Page 13
May 2, 19R6
Bank deposit slips for township general fund at
Equibank confirm $37.80 deposited on July 18, 1983 and
$126.00 on July 30, 1983.
b. August, 1983: Listing under receipts presented at monthly meeting:
Frank Rostosky - $88.20 road dust oil
East Monongahela - $329.80 road dust oil
Sportsmen's Club
Bank deposit slips for township general fund at
Equibank $88.20 deposited on August 23, 1983 and
$329.28 on August 19, 1983.
Letters dated June 17, 1983 indicating amounts due for
road dust oil:
a. Lock 3 Oil, coal and dock, 150 gal. at $.84 gal
- $126.00
b. Frank Rostosky - 105 gal. at $.84 gal - $88.20
c. Glenn Dyer - 45 gal. at $.84 - $37.80
d. East Monongahela Sportsmen's Club - 392 gal. at
$.84 gal. - $3,129.28
c. October, 1983: Listing under receipts presented at monthly meeting:
John Koynack - $25.00 - slag.
Walter Crovak - $20.00 - slag.
Bank deposit slips for township general fund at
Equibank confirm both amounts deposited October 11,
1983.
19. There is no listing for payments received from any of the other above
listed individuals.
20. At least one invididual (Frank Rostosky) reported to a township citizens
group that payment would not have been required had the citizens group not
questioned the private work performed by the township roadcrew.
21. In July, 1983, a member of the citizens group made a request in writing
to the township to have work done on his driveway. That request was refused.
Mr. Al red Pellegrini
Page 14
May 2, 1986
22. The work done on private roadways was discussed at township meetings in
June, July and August, 1983.
a. At the June, 1983 meeting, Chairman Vincent Julian denied that work
was done on private roadways.
b. At the July, 1983 meeting, Julian stated that the road crew did do
some private work.
c. At the August, 1983 meeting, Ju i i L.n stated that individuals who had
work done on private driveways would be billed.
d. Billings related to Finding #18 are dated June 17, 1983 prior to
Julian's announcement that the individuals would be billed.
e. At the August 1, 1983 meeting, in regards to the road work, you are
quoted as stating, "We're the bosses; we'll do what we want to do."
B. Dis ussion: We must review this allegat:on under Section 403(a) of the
State Ethic Act as previously cited. In the instant situation, it is clear
and the evidence unequivocally shows that township equipment and personnel
were used to do ;goi•k on the residence and property of private individuals in
the Commonwealt{,„ While some of the individuals involved did, in fact,
reimburse the townshp for the materials that were used in relation to these
projects, there is no indication that the township was completely reimbursed
for all of the materials and for the use of the township's personnel and
equipment in relation to this matter. There is no evidence, however, that any
of the aforementioned projects resulted in your obtaining any Ji nanci al gain
or resulted in any member of your immediate family or business with which you
are associated obtaining any financial gain. While the use of township
equipment and personnel for other than appropriate township purposes may be a
questionable expenditure of township funds, such is a question that must be
reviewed by the township board of auditors and not by the State Ethics
Commission. We have also reviewed the foregoing within Section 3(b) of the
Act which provides that:
Section 3. Restricted activities.
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office .shall solicit or accept,
anything of value, including a gift, loan, political
contribu ":ion, reward, or promise of Suture employment
based on any understandi ng that the vote, of fici al action,
or judgment of the public official o publi employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
Mr. Al red Pel legri ni
Page 15
May 2, 1986
We find no evidence that this provision of law has been violated.
C. Conclusion: Based upon the foregoing evidence, we do not believe that you
violated the State Ethics Act when township materials, equipment and personnel
were used to do work on private property in light of the fact that you di'd not
receive any financial gain from such activity and in light of the fact that
there is no evidence to indicate that such was a violation of Section 3(b) of
the Act.
Allegation #3: That you violated Section 3(b) of the Ethics Act, 65 P.S.
§403(b) , by firing a township employee who refused to display your 1983
campaign ads and promising other persons township jobs in return for their
support of your candidacy.
A. Findings:
23. You sought re- election to the Forward Township Board of Supervisors in
1983.
24. In 1983, Forward Township employed a road crew mainly consisting of
Franklin Pascarella and James Large. Other workers on a limited basis were
George Scagli ne, cousin of Supervisor Vi ncent Julian, and Tony Pi scitel li .
25. Forward Township payroll records confirm that Franklin Pascarella began
working for the Township on January 16, 1981, while James Large is reflected
as starting on April 14, 1982.
26. Payroll records for 1981
averaged (68) hours worked pe
in 1982. Large averaged (66)
31, 1983, Pascarella averaged
(55) hours per pay period.
and 1982 also confirm that in 1981 Pascarella
r pay period and (81) hours worked per pay period
hours worked per pay period in 1982. Until May
(72) hours per pay period while Large averaged
27. Prior to the 1983 primary election held in May, you admit that you gave
campaign posters to Pascarella and directed him to display the posters in his
private vehicle. Pascarel la refused to do so.
28. On May 25, 1983, Pascarel la had a discussion with Vincent Julian
regarding Pascarella's failure to display your campaign posters in his private
vehicle.
a. Pascarel la was shortly, thereafter, dismissed from his position.
29. On May 26, 1983, Pascarella went to see you at your office located at
Round Hill Park to discuss why he was to be terminated from the road crew.
a. Pascarella testified that you stated that any body working for you
will campaign and that you had other men wi 1 li ng to work.
Mr. Al red Pel legri ni
Page
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. 403(a).
May 2, 1986
O. On May 31, 1983, Pascarella reported for work at the Forward Township
garage. Although it was not a cormon practice, you were present that
morning
a. Pascarella testified that you asked who told you to report to work
and that you stated we'll call you when we need you.
b. You confirm that that exchange occurred.
31. You admit that you have a personality conflict with Pascarella but deny
that his termination was related to his failure to campaign for our
re-election.
a. You contend Pascarella's dismissal was related to a lack of work in
th_ toslchip.
32. Forty rd Township payroll records for June and July, 1983 confirm that the
number of h oirs worked by James barga increased significantly during that
period. in zddi tion, two other pare -Yore workers were called out to work, and
an individual who never previously worked for the township was called out tc
work or Jun 6, 7, 8, 1983.
33. Fran i n Pascarella obtained legal counsel in June or July, 1983 to
initiate leg1 action in hopes of retaining his employment. There is evidence
to suggest that you, as well as the other township supervisors, were aware of
that.
a. Pasc,arel was subsequently returned to the payroll effective August
1, 1983. Payroll records confirm that Pascarella remained employed
until December 31, 1983. He then was not recalled to work.
34. You acrd the township solicits tong., +d t:prt none of the township
employees are ful 1 -time and that the township was not requi red to mai ntai n
Pascarella on the payroll, even though he was the employee with the most
seniority.
B. Discussion: The above &legation must be reviewed both under Section 3(a)
of the State Ethics Act as well as Section (b) of the Act which provides as
follows:
Mr. Al red Pel legri ni
Page 17
May 2, 1986
Section 3. Restricted activities.
(b) No person shall offer or give to a public official or
public employee or candidate for public office or a member
of his immediate family or a business with which he is
associated, and no public official or public employee or
candidate for public office shall solicit or accept,
anything of value, including a gift, loan, political
contribution, reward, or promise of future employment
based on any understanding that the vote, official action,
or judgment of the public official or public employee or
candidate for public office would be influenced thereby.
65 P.S. 403(b).
Initially, with relation to Section 3(b) of the Act, we are called upon
to determine if any person has offered to any public official or public
employee or candidate for public office anything of value or if any public
official has solicited, accepted, anything of value based upon the
understanding that his official decision would be based upon such offer,
acceptance or receipt. In the instant situation, you are the public official
whose conduct has been questioned. If you accepted Mr. Pascarella's efforts
on behalf of your re- election campaign based upon the understanding that your
decision to retain him as a township employee would be influenced thereby,
then such could be a violation of the Act. Under this fact pattern we would
be required to find that his work, on your behalf, is a thing of value. While
we believe that such, in fact, would be reviewable within Section 3(b) of the
Act, we do not believe that sufficient evidence exists to find a violation of
the Act, as we shall set forth below.
In addition to the foregoing, we must also determine whether you used
your public position in order to obtain a financial gain other than the
compensation provided for by law. 65 P.S. §403(a). In the instant situation,
several facts are clear. You had asked Mr. Pascarella, a township emplopee,
to place an election campaign poster in his private vehicle. Shortly after
Mr. Pascarella refused to comply with your request, his employment with the
township was terminated. There is no direct evidence to indicate that such
termination was based upon Mr. Pascarella's refusal of your request. There is
information that has been received from Mr. Pascarella that you, in fact, made
statements indicating that his failure to campaign on your behalf was the
reason for his termination from the township's payroll. You have subsequently
denied that such statements were made. The above is the only information that
has been found in relation to this situation. In light of the foregoing, we
do not believe that the evidence clearly indicates that you used your position
in order to obtain a financial gain other than the compensation provided for
by law. We do note, however, that in the event that such activity was clearly
provable, we do believe that a violation of the Act would have occurred. In
addition, we also believe that substantial questions would have been raised as
Mr. Al red Pel legrini
Page 18
May 2, 1986
to other provisions of law. See 18 P.S. §4701. (Regarding bribery in
political matters). We believe, that because of the implication of other laws
r1utside of the jurisdiction of the State Ethics Commission may be involved,
this matter should be further reviewed by appropriate law enforcement
authorities in this Commonwealth and, as a result, we are forwarding this
matter to the such authorities for appropriate review and for their
determination as to whether any further action should be initiated.
C. Conclusion: We do not believe that the evidence clearly indicates that
you violated th' State Ethics Act in the instant situation. We do believe,
however, that other provisions of law not within the jurisdiction of the
Ethic.: Commission may have been implicated in the instant situation and, as
such, this matter should be reviewed by the appropriate law enforcement
authorities for their consideration disposition.
Orr files in this case will remain confidential in accordance with
Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final
and will be made available as a public document 15 days after service (defined
as ma unless you file documentation with the Commission which justifies
reconsider'ton and /or challenges pertinent factual findings. See 51 Pa. Code
2.38. Duri:ig this 15 -day period, no one, including the Respondent unless he
waives his right to challenge this Order, may violate this confidentiality by
releasing, di scLssi ng or circulating this Order.
Any person who violates the confidentiality of a Commission proceeding
is guilty of a mi scLmeanor and shall be fined not more than $1,000 or
imprisoned for not more than one year or both, see 65 P.S. 409(e).
By the Commission,
/2".
G. Sieber Pancoast
Chairman