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HomeMy WebLinkAbout1188 MarcoliniIn Re: Leann Marcolini File Docket: X -ref: Date Decided: Date Mailed: Before: Daneen E. Reese, Chair Louis W. Fryman, Vice Chair John J. Bolger Frank M. Brown Susan Mosites Bicket Donald M. McCurdy 00- 026 -C2 Order No. 1188 2/26/01 3/12/01 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was not filed and a hearing was waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11, Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Law is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Marcolini, 00- 026 -C2 Page 2 I. ALLEGATION: That Leann Marcolini, a public official /public employee in her capacity as a member of the Bethlehem Center School Board of Directors, violated Section 3(a)/1103(a) of the State Ethics Act (Act 9 of 1989 as codified by Act 93 of 1998) when she used the authority of her office for a private pecuniary benefit by participating in discussions and actions of the board resulting in her hiring as the board secretary. II. FINDINGS: 1. Leann Marcolini has served as a member of the Bethlehem Center School Board of Directors since December 1993. a. Marcolini was sworn into office on December 6, 1993. 2. Marcolini has held the offices of school board treasurer and school board secretary during her tenure with Bethlehem Center. a. Marcolini was the board treasurer from December 5, 1994, until December 7, 1999. b. Marcolini has been the board secretary since December 7, 1999. 3. The offices of school board treasurer and school board secretary are paid positions. a. Board members occupying these positions are paid $975.00 per year. 4. The Bethlehem Center School Board consists of nine directors. a. Newly elected directors take office annually in December. 5. The school board treasurer is responsible for presenting the treasurer's report at monthly board meetings and signing school district checks. a. The treasurer's report is typically compiled by the school district business manager. 6. The duties of the school board secretary include responsibility for recording official votes and minutes at monthly school board meetings. a. The administrative school board secretary also records roll call votes and meeting minutes to ensure accuracy in the formally accepted minutes. 7 Marcolini's participation in her election into the position of board treasurer from December 5, 1994, through June 21, 1999, is documented below: Date Marcolini Motion Second Final Marcolini's Deciding Present Vote Vote Vote 12/05/94 Yes Ewing Behm 6 -2 -1 Abstain No 05/22/95 Yes Wright Doriguzzi 5 -1 -3 Abstain No 05/20/96 Yes Sloan Yakopovich 8 -0 -1 Abstain No 05/21/97 Yes Bartolomucci Yakopovich "All Ayes" Yes No 05/18/98 No Ross Bair "All Ayes" (Absent) (Absent) Marcolini, 00- 026 -C2 Page 3 Date Marcolini Motion Second Final Marcolini's Deciding Present Vote Vote Vote 06/21/99 Yes Yakopovich Rupnik "All Ayes" Yes No a. Marcolini was not present at the May 18, 1998 meeting. 8. Meeting minutes indicate Marcolini voted for herself regarding her election into the position of school board treasurer at the May 21, 1997, and June 21, 1999, board meetings. a. The motions are recorded as passing with unanimous votes at both meetings. b. Marcolini was present at both meetings. c. No abstentions were recorded at either meeting. 9. In 1999, Board Member Patsy Ross was the Bethlehem Center School Board secretary. a. Ross did not run for re- election in 1999. b. Ross' term expired on December 7, 1999. c. The expiration of Ross' term left a vacancy in the office of board secretary. 10. At the December 7, 1999, school board meeting, newly elected president Thomas Bair requested nominations for school board secretary to serve until June 30, 2000. a. Marcolini and School Board Director Denise Duvall were nominated. b. A roll call vote was conducted. 11. Marcolini cast the deciding vote for her own election as board secretary at the December 7, 1999 school board meeting. a. Marcolini was elected by a recorded favorable vote of 5 -4. 12. Marcolini resigned from her position as board treasurer at the December 7, 1999 board meeting after her election as the board secretary. a. Marcolini's resignation was carried unanimously. b. Marcolini subsequent to this time received compensation for serving as secretary. 13. Signature authority approval over school district business accounts lies with the school district business manager and the four school board officers. a. Any combination of the business manager and /or school board officers can sign checks. 14. Bethlehem Center School District payroll checks require two signatures for approval. a. Signature stamps are frequently used in lieu of the required signatures. Marcolini, 00- 026 -C2 Page 4 b. Signature stamps are kept in the business manager's office and accessible to school district administrative personnel as needed, including the payroll clerk. 15. Marcolini received seven checks as a direct result of voting for herself for the school board treasurer and /or board secretary position as follows: Check Date Check # Gross Net Wage Position Authorizing Wage Held Signatures 09/26/97 16816 $243.75 $194.58 Treasurer Corazzi /Sloan 12/05/97 17553 243.75 194.58 Treasurer Corazzi /Sloan 03/27/98 18897 243.75 194.58 Treasurer Rhodes /Marcolini 06/19/98 19841 243.75 194.58 Treasurer Corazzi /Marcolini 10/08/99 23949 243.75 194.58 Treasurer Corazzi /Marcolini 12/17/99 24578 243.75 194.58 Secretary Harbaugh /Marcolin i 04/20/00 25825 243.75 194.58 Secretary Harbaugh /Marcolin i Total: $1,706.25 $1,362.06 16. After the April 20, 2000, payment to Marcolini, she resigned her position as secretary. a. The board subsequently reappointed her to said position. b. Marcolini abstained from this vote. c. Marcolini refused to accept her salary upon learning of the Commission's investigation. d. Marcolini was entitled to receive at least an additional $234.75 salary as secretary. 17. Marcolini's signature stamp was utilized by district administrative personnel on the above listed checks (See Finding No. 15) as an authorizing signature due to her presence and participation in the designated school board meetings and the official recorded votes. a. Marcolini did not personally sign or utilize her signature stamp on any of the above listed checks payable to herself. 18. Marcolini asserts that she agreed to become treasurer and later secretary of the board not to profit from the pay, but because her schedule and close location allowed her to assist with school business which made her the most convenient school board member to work with the school administration on a regular basis. 19. Marcolini was paid a total of $1,706.25 from the Bethlehem Center School District after voting herself into the paid positions of school board treasurer on May 21, 1997, and June 21, 1999, and as school board secretary on December 7, 1999, as follows: Marcolini, 00- 026 -C2 Page 5 Treasurer: $ 1,218.75 Secretary: $ 487.50 20. Marcolini voluntarily began refusing her paycheck as secretary in April 2000 after learning her failure to abstain from voting for herself may have violated the Ethics Law. III. DISCUSSION: At all times relevant to this matter, the Respondent, Leann Marcolini, hereinafter Marcolini, has been a public official subject to the provisions of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401 et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegation is that Marcolini, as a Bethlehem Center School Board Director, violated Section 3(a)/1103(a) of the Ethics Act when she used the authority of her office for a private pecuniary benefit by participating in actions of the board resulting in her hiring as the board secretary. Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined as follows: Section 2. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. §402/65 Pa.C.S. §1102. Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Marcolini, 00- 026 -C2 Page 6 Marcolini has been a member of the Bethlehem Center School Board of Directors since December 1993. In addition, Marcolini has served in the compensated positions of Board Treasurer from December 1994 until December 1999 and Board Secretary since December 1999. The School Board utilized its members to serve in the compensated positions of treasurer and secretary at salaries of $975.00 per year. Although Marcolini abstained from the annual vote to appoint herself to the position of Board Treasurer in 1994 through 1996, she voted for her own appointment on May 21, 1997. Further, on June 21, 1999, Marcolini once again voted for her appointment as Board Treasurer. When Marcolini was nominated to the position of School Board Secretary at the December 7, 1999, meeting, she cast the deciding vote for her own appointment. Marcolini then resigned from her position as Board Treasurer. As to the yearly time frames in which Marcolini voted for herself, she received compensation of $1,218.75 as treasurer and $487.50 as secretary. Marcolini refused to accept paychecks as secretary from April 2000 after she learned that voting for herself may have violated the Ethics Act. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations. The Consent Agreement proposes that this Commission find that Marcolini violated Section 3(a) of the Ethics Law when she participated in actions of the board and voted for herself on three occasions resulting in her hiring for the paid positions of board secretary and board treasurer. Marcolini agrees to make payment in the amount of $300.00 to the Commonwealth of Pennsylvania within 30 days of issuance of this order. In applying the provisions of Section 3(a)/1103(a) of the Ethics Act, the actions of Marcolini in voting for her own appointments of treasurer and then secretary were uses of authority of office. See, Juliante, Order No. 809. The uses of authority of office resulted in private pecuniary benefits consisting of the compensation that Marcolini received in the positions of treasurer or secretary. Lastly the pecuniary benefits inured to Marcolini herself. Accordingly, Marcolini violated Section 3(a)/1103(a) of the Ethics Act when she voted to appoint herself to the compensated positions of treasurer and secretary to the school board. See, Lewis, Order No. 876. As to the above, it is irrelevant whether Marcolini was or was not the deciding vote in her own appointment. See, Snyder v. SEC, 686 A.2d 843 (Pa. Commw. 1996) wherein Commonwealth Court held that a public official should not participate in matters as to which he has a personal interest and further noted that that prohibition applies even if the public official would not be the deciding vote as to those matters where he had a conflict: We are likewise unconvinced by the fact that Snyder's vote was never controlling or necessary for a quorum. Snyder violated the Ethics Law by discussing and voting on issues in which he had a private pecuniary interest, not by affecting the outcome of those votes. Id. at 849. We determine that the Consent Agreement submitted by the parties sets forth 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, Marcolini is directed to make a payment of $300.00 within 30 days of the issuance of this Order through this Commission to the Commonwealth of Pennsylvania. Compliance with the foregoing will Marcolini, 00- 026 -C2 Page 7 result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. Marcolini, as a member of the Bethlehem Center School Board of Directors, is a public official subject to the provisions of Act 9 of 1989, as codified by Act 93 of 1998. 2. Marcolini violated Section 3(a)/1103(a) of the Ethics Act when she used the authority of her office for a private pecuniary benefit by participating in discussions and actions of the board resulting in her hiring as the compensated board secretary. In Re: Leann Marcolini ORDER NO. 1188 File Docket: 00- 026 -C2 Date Decided: 2/26/01 Date Mailed: 3/12/01 1 Marcolini, as a Bethlehem Center School Board Director, violated Section 3(a)/1103(a) of the Ethics Act when she used the authority of her office for a private pecuniary benefit by participating in discussions and actions of the board resulting in her hiring as the compensated board secretary. 2. As per the Consent Agreement of the parties, Marcolini is directed within 30 days of the date of issuance of this Order to pay $300.00 through this Commission to the Commonwealth of Pennsylvania. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, DANEEN E. REESE, CHAIR