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HomeMy WebLinkAbout1165 RabbatIn Re: Loren Rabbat File Docket: X -ref.: Date Decided: Date Mailed: Before: Louis W. Fryman, Vice Chair Julius Uehlein John J. Bolger Frank M. Brown Susan Mosites Bicket 99- 066 -C2 Order No. 1165 9/20/00 10/5/00 The Investigative Division of the State Ethics Commission conducted an investigation regarding a possible wrongful use of act and breach of confidentiality under the Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., by the above -named "Complainant." Written notice of the specific allegation(s) was served at the commencement of the investigation. Upon completion of the investigation, the Investigative Division issued and served a Findings Report, which constituted the Investigation Division's Complaint against the "Complainant" An Answer was filed and a hearing was waived. The record is complete. This is the determination of the Commission. Effective December 15, 1998, Act 9 of 1989 was replaced by the Public Official and Employee Ethics Act ( "Ethics Act "), Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et seq., which codifies Act 9 of 1989 and provides for the completion of pending matters under that Act. This adjudication of the State Ethics Commission is issued under Act 93 of 1998. 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 Pa.C.S. §1109(e). Confidentiality does not preclude discussing this case with an attorney at law. Rabbatt, 99- 066 -C2 Page 2 I. ALLEGATION: That Loren Rabbat, a rivate citizen violated the following provisions of the State Ethics Act (Act 93 of 1998) when she disclosed, acknowledged or caused to be disclosed or acknowledged information relating to a complaint she filed with the Investigative Division of the State Ethics Commission regarding Larry Hallett, a public official in Upper Mt. Bethel Township, Northampton County, by advising newspaper reporters that said complaint had been filed with the Investigative Division of the State Ethics Commission. Section 1108. Investigations by commission. (k) Confidentiality. - -As a general rule, no person shall disclose or acknowledge, to any other person, any information relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which is before the commission. However, a person may disclose or acknowledge to another person matters held confidential in accordance with this subsection when the matters pertain to any of the following: (1) final orders of the commission as provided in subsection (h); (2) hearings conducted in public pursuant to subsection (g); (3) for the purpose of seeking advice of legal counsel; 4 filing an appeal from a commission order; 5 communicating with the commission or its staff, in the course of a preliminary inquiry, investigation, hearing or petition for reconsideration by the commission; (6) consulting with a law enforcement official or agency for the purpose of initiating, participating in or responding to an investigation or prosecution by the law enforcement official or agency; (7) testifying under oath before a governmental body or a similar body of the United States of America; (8) any information, records or proceedings relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which the person is the subject of; or (9) such other exceptions as the commission, by regulation, may direct. 65 Pa.C.S.. 1108(k). II. FINDINGS: 1. The Investigative Division of the State Ethics Commission received information alleging that Loren Rabbat violated provisions of the State Ethics Act (Act 93 of 1998). 2. Upon review of the information the Investigative Division initiated a preliminary inquiry on October 4, 1999. 3. The preliminary inquiry was completed within sixty days. Rabbatt, 99- 066 -C2 Page 3 4. On November 24, 1999, a letter was forwarded to Loren Rabbat, by the Executive Director of the State Ethics Commission informing her that a complaint against her was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail no. Z 015 323 551. b. The domestic return receipt bore the signature of Ariel Rabbat, with a delivery date of November 26, 1999. 5. Periodic notice letters were forwarded to Loren Rabbat in accordance with the provisions of the Ethics Law advising him of the general status of the investigation. 6. The Investigative Complaint was mailed to the Respondent on May 19, 2000. 7 Loren Rabbat is a private citizen who has resided in Upper Mount Bethel Township, Northampton County, for the last two years. a. Rabbat had previously resided in the township as a child. 8. Rabbat does not hold public office and is not a candidate for public office. 9. Rabbat is a concerned citizen who has attended Upper Mount Bethel Township Supervisors' meetings on a regular basis for approximately two years. 10. During the April 12, 1999, regularly scheduled monthly meeting of the Upper Mount Bethel Township Board of Supervisors. Supervisor Larry Hallett informed the board of supervisors she would like to advertise that the township was interested in purchasing two used, tri -axle, dump trucks. a. Hallett verbally provided the Board of Supervisors with the reasons he felt the trucks should be purchased. b. The Board of Supervisors passed a motion, by a 4 to 1 vote, to bid the sale of a small dump truck the Township owned and to seek bids for the purchase of two used, tri -axle, dump trucks. c. Hallett voted to approve the advertisement being placed for the bids. 11. Hallett acts as liaison between the Board of Supervisors and the township road department and presented the Road Department Report at the meeting. 12. The advertisement for bids to purchase the trucks appeared in the Easton Express Times on June 27, 1999, and July 1, 1999. a. b. The township required that the bids be submitted by 12 noon on July 12, 1999, at the township municipal building. The specifications were prepared by Hallett. 13. Thomas E. Dayson, 5193 Foster Road, Cortland, NY, submitted a bid dated July 8, 1999, for a 1976 International Paystar 500 at a bid price of $16, 000. a. Dayson's bid was the only bid received by the township. 14. The Upper Mount Bethel Township Board of Supervisors, at the July 22, 1999, meeting, voted to approve the purchase of the truck from Dayson. Rabbatt, 99- 066 -C2 Page 4 a. Hallett abstained from the vote to purchase the truck, but advocated making the purchase because of his knowledge of the vehicle. 1 Hallett showed the board Polaroid photographs of the vehicle when recommending the township make the purchase. b. Hallett did not publicly state his reason for abstaining from the vote. 15. The township purchased the truck from Dayson on July 23, 1999, paying Dayson with check number 2525, in the amount of $15,000. a. The purchase price was reduced from $16,000 to $15,000 because the township had to replace worn tires on the truck. 16. Rabbat became suspicious when Hallett strongly recommended the vehicle purchase, yet abstained from the vote to purchase the truck. a. She decided to determine what, if any, relationship Hallett had to Dayson. b. Rabbat discussed her suspicions with a friend, Judy Hinkle, who also attends the township supervisors meetings and with Tony Nauroth, a reporter for the Easton Express Times. 17. Sometime after the July 22, 1999, board of supervisors meeting Rabbat became aware that Dayson was Hallett's son -in -law. 18. Rabbat questioned Hallett, at the August 9, 1999, supervisors' meeting, as to why he abstained from voting on the purchase. a. Hallett would not provide Rabbat with any information regarding his relationship with Dayson. b. When asked why he abstained, Hallett stated "Well, I just decided it was best." 19. Rabbat publicly stated, at the August 9, 1999, meeting, that she was going to file a complaint with the State Ethics Commission regarding Hallett's involvement in the purchase of the truck. a. Rabbat contacted the State Ethics Commission and a complaint form was mailed to her. 20. A complaint was received by the Ethics Commission on August 16, 1999, alleging that Larry Hallett violated the Ethics Act. a. The complaint bears the signature of Loren Rabbat. b. The complaint was notarized on August 12, 1999. 21. Rabbat's complaint stated, in part: "Mr. Hallett financially/familially benefited from this transaction. He NEVER disclosed that the vehicle belonged to a member of his family. He deliberately lied to the public; and thereby committed acts of malfeasance and misfeasance." 22. Shortly after Rabbat mailed the complaint to the Ethics Commission she was contacted by Nauroth who asked her if she filed the complaint with the Ethics Commission. Rabbatt, 99- 066 -C2 Page 5 a. Rabbat confirmed to Nauroth that she filed the complaint. b. Nauroth asked Rabbat if she would provide him with a copy of the complaint she filed with the Ethics Commission. c. Rabbat gave Nauroth a copy of the complaint she filed with the State Ethics Commission. 23. By letter dated August 17, 1999, the Executive Director of the Ethics Commission sent Rabbat a letter informing her that her complaint failed to state a cause of action under any of the relevant provisions of the Ethics Law and, as such, no investigation would be commenced. 24. On August 19, 1999, an article appeared in the Easton Express Times written by Tony Nauroth. a. The article contained the headline "Hallett is target of ethics review." 25. The article stated that Hallett's role in brokering a $15,000 truck sale between the Township and a New York relative "led a resident to file a State Ethics Commission complaint against him this week." a. The article also stated "In her complaint, Rabbat says, 'Mr. Hallett financially /familially benefited from this transaction. He NEVER disclosed that the vehicle belonged to a member of his family. He deliberately lied to the public; and thereby committed acts of malfeasance and misfeasance. "' 26. The wording of the quote in Nauroth's article is the exact wording used by Rabbat in the complaint she filed with the Ethics Commission. 27. On August 27, 1999, an article appeared in the Allentown Morning Call written by Fred Walter, a freelance reporter for the Newspaper. a. Walter wrote "An Upper Mount Bethel Township woman wants the State Ethics Commission to investigate the bidding procedure for a $15,000 used dump truck the supervisors bought. Loren Rabbat said she filed a complaint recently because she feels township Supervisor Larry Hallett had a conflict of interest because the truck was purchased from his son -in- law, Thomas Dayson, who operates an automotive body shop in Cortland, NY." 28. Rabbat did not discuss the information with Walter prior to him writing the story. a. Rabbat was surprised when she saw the Walter article and surmises he obtained the information from the Nauroth article. 29. Loren Rabbat admitted to an investigator for the State Ethics Commission that she provided a copy of the complaint she filed with the State Ethics Commission regarding the activities of Upper Mount Bethel Township, Supervisor Larry Hallett to Easton Express Times Reporter Tony Nauroth. a. Rabbat stated she provided the information to Nauroth because she was not aware of the confidentiality provisions of the Ethics Act. Rabbatt, 99- 066 -C2 Page 6 III. DISCUSSION: Loren Rabbat is a resident and citizen of the Commonwealth of Pennsylvania. As such, she is subject to the confidentiality and wrongful use of provisions of the Public Official and Employee Ethics Act, ( "the Ethics Act "), Act 9 of 1989/Act 93 of 1998, Chapter 11. Section 1108(k) of the Ethics Act provides in part that no person shall disclose or acknowledge any information relating to a complaint, preliminary inquiry, investigation, hearing or reconsideration petition which is before the Commission. Section 1108(k) further provides for nine exceptions which are not relevant to this case. Loren Rabbat (Rabbat) has resided in Upper Mount Bethel Township (Township), Northampton County, for the last two years. Rabbat does not hold any public office. Rabbat attended Township meetings on a regular basis for approximately two years. During the April 12, 1999, Township Board of Supervisors (Board) meeting, Supervisor Larry Hallett (Hallett) informed the Board that he would like to advertise for the Township to purchase two used, tri -axle, dump trucks. After Hallett stated the reasons why he believed the trucks should be purchased, the Board passed a motion, by a 4 -1 vote, to bid for the sale of a small, Township - owned, dump truck and to seek bids for the purchase of two used, tri -axle, dump trucks. Hallett voted in favor of placing an advertisement for the bids and in acting as the liaison between the Board and the Township Road Department. The advertisement for bids to p urchase the trucks appeared in the Easton Express Times on June 27, 1999, and July 1, 1999. Hallett prepared the specifications which required the bids to be submitted by twelve noon on July 12, 1999 at the Township Municipal Building. Thomas E. Dayson submitted the only bid the Township received for a 1976 International Paystar 500 at a bid price of $16,000. At the July 22, 1999, Board meeting, the Board voted to approve the purchase of the truck from Dayson. Hallett abstained from the vote, but advocated for its purchase by displaying his knowledge of the vehicle and by showing Polaroid photographs of the vehicle. Hallett did not publicly state his reasons for abstaining from the vote. On July 23, 1999, the Township purchased the truck from Dayson for $15,000. This price was reduced from $16,000 because the Township had to replace worn tires on the truck. Rabbat became suspicious when Hallett strongly recommended the vehicle, yet abstained from the vote to purchase the truck. Rabbat discussed her suspicions with a friend, Judy Hinkle, who attends Township meetings, and with Tony Nauroth (Nauroth), a reporter for the Easton Express Times. Sometime after the July 22, 1999, Board meeting, Rabbat became aware that Dayson was Hallett's son -in -law. At the August 9, 1999, Board meeting, Rabbat questioned Hallett as to his abstention from the July 22, 1999, vote to purchase the truck. Hallett did not provide any information regarding his relationship with Dayson. When asked why he abstained, Hallett stated, `Well, I just decided it was best.' At the same meeting, Rabbat publicly stated that she was going to file a complaint with the State Ethics Commission regarding Hallett's involvement in the purchase of the truck. Subsequently, Rabbat contacted this Commission and a complaint form was mailed to her. Rabbatt, 99- 066 -C2 Page 7 On August 6, 1999, this Commission received a complaint alleging that Larry Hallett violated the Ethics Act. The complaint was signed by Loren Rabbat and was notarized on August 12, 1999. Rabbat's complaint stated in part: "Mr. Hallett financially /familially benefited from this transaction. He NEVER disclosed that the vehicle belonged to a member of his family. He deliberately lied to the public; and thereby committed acts of malfeasance and misfeasance." Shortly after Rabbat mailed the complaint to this Commission, Nauroth contacted Rabbat and inquired as to whether she had filed the complaint. Rabbat affirmatively responded. After Nauroth asked if he could have a copy of the complaint, Rabbat gave him a copy. The Executive Director of this Commission sent a letter dated August 7, 1999, to Rabbat informing her that the complaint failed to state a cause of action under any of the relevant provisions of the Ethics Act, and therefore, no investigation would be commenced. On August 19, 1999, an article, which was written by Nauroth, appeared in the Eastern Express Times. The article contained the headline "Hallett is topic of ethics review." The article stated that Hallett's role in brokering a $15,000 truck sale between the Township and a New York relative "led a resident to file a complaint against him this week." The article further stated that In her complaint, Rabbat says, `Mr. Hallett financially /familially benefited from this transaction. He NEVER disclosed that the vehicle belonged to a member of his family. He deliberately lied to the public; and thereby committed acts of malfeasance and misfeasance." The wording that Nauroth used in his article is the same wording Rabbat used in her complaint to this Commission. On August 27, 1999, an article appeared in The Allentown Morning Call written by Fred Walter (Walter), a freelance reporter for the newspaper. Walter wrote, An Upper Mount Bethel Township woman wants the State Ethics Commission to investigate the bidding procedure for a $15,000 used dump truck the supervisors bought. Loren Rabbat said she filed a complaint recently because she feels Township Supervisor Larry Hallett had a conflict of interest because the truck was purchased from his son -in -law, Thomas Dayson, who operates an automotive body shop in Cortland, New York." Rabbat did not discuss the information contained in Walter's article prior to his writing of the story. Rabbat was surprised when she saw the Walter article. Rabbat suspects Walter obtained the information from the Nauroth article. Rabbat admitted to a State Ethics Commission investigator that she gave a copy of the complaint she filed with this Commission regarding the activities of Township Supervisor Larry Hallett to Eastern Express Times Reporter Tony Nauroth. Rabbat stated that she was unaware of the confidentiality provisions of the Ethics Act. The parties have submitted a Consent Agreement together with a Stipulation of Findings wherein it is proposed to resolve this case by finding that Rabbat violated Section 1108(k) of Act 93 of 1998 when she publicly disclosed information relating to a complaint /investigation against Larry Hallet; and a payment in the amount of $100.00 within 30 days of the issuance of this Order by Rabbat through this Commission to the Commonwealth of Pennsylvania. In this case, Rabbat, the Complainant, publicly disclosed that she filed a Complaint against Hallet. Since public disclosure of the filing of the complaint encompasses the disclosure of any information relating to a complaint or investigation, Rabbatt, 99- 066 -C2 Page 8 Rabbat violated Section 1108(k) of Act 93 of 1998 through the disclosure that she filed a complaint to a newspaper reporter. Therefore, Rabbat violated Section 1108(k) of Act 93 of 1998. See, Yakin, Order 999. As noted above, the parties have filed a Stipulation of Findings and Consent Agreement which we believe to be the proper disposition for this case based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Rabbat is directed to make payment of $100.00 to the Commonwealth of Pennsylvania through this Commission within 30 days of the date of this Order. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Loren Rabbat is subject to the confidentiality provisions of Act 93 of 1998. 2. Loren Rabbat violated Section 1108(k) of Act 93 of 1998 when she publicly disclosed information relating to a complaint/investigation against Larry Hallett. In re: Loren Rabbat ORDER NO. 1165 File Docket: 99- 066 -02 Date Decided: 9/20/00 Date Mailed: 10/5/00 1 Loren Rabbat violated Section 1108(k) of Act 93 of 1998 when she publicly disclosed information relating to a complaint/investigation against Larry Hallett. 2. As per the Consent Agreement of the parties, Rabbat is directed to make payment of $100.00 to the Commonwealth of Pennsylvania through this Commission within 30 days of the date of this Order. 3. Compliance with the foregoing will result in the closing of this case with no further action. Noncompliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Vice Chair