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HomeMy WebLinkAbout735 PiccoloIn re: Russell Piccolo STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair W. Thomas Andrews G. Sieber Pancoast Dennis C. Harrington James M. Howley 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 held. 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 action 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 §2.38. The files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S : : 408(a) during the fifteen day period and no one unless the right to ghalienge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, 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). a., s File Docket.: 88- 107 -C Date Decided: rua 22' : Date Mailed: MOO 6, 199 ADJUDICATION 1. Allegation: That you, a Supervisor for South Park Township, Allegheny County, violated the following provisions of the Ethics Act (Act 170 of 1978), when you received topsoil from township property at the expense of the township: 4 pectioo . 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). II. x 'indiinas 9f Facts „l. You serve as a Township Supervisor in South Park Township, Allegheny County, Pennsylvania. a. You have served in this position since January, 1988. . In August, 1988, the township received proposals to perform certain work on township property known as Evans Field. a. The work to be completed included the installation of pipe and drain inlets. 3. The township received bids from two companies regarding the Evans Field project. a. Michael Danielson, Excavating and Hauling, submitted a bid in the amount of $2,700 for the installation of 380 feet of storm sewer and the construction of three catch basins. (All material to be furnished by township). Paul D. Valdiserri provided an estimate of $2,550 for the installation of 380 feet of pipe and three drain inlets with all material to be provided by the township. 4. Minutes of the South Park Township Board of Supervisors' meeting* indicate no discussion, decisions or other actions relating to the Evans Field drainage pipe project. a. The approval . of the bid was authorized by the South Park Township Manager. 5. Minutes of the South Park Township Recreation Board meetings indicate the following in relation to the Evans. Field drainage pipe project: Russell Piccolo Page 3 a. September 15, 1988 - Mr. Mitrik advised that a contractor will be installing drainage and also raising the level of the entrance at the installation. The work is scheduled to begin with the next two weeks. The estimated cost of construction is approximately $5,000 to $6,000 although some machine time will be donated. b. October 20, 1988 - Mrs. Parris inquired on the status of the situation concerning the removal of dirt from Evans Park which she felt directly affects recreation. Mrs. Parris also asked if Mr. Mitrik was aware of the situation prior to the meeting of the board of supervisors and if so, why the recreation board was not informed. She also questioned where the dirt is at this time and if it is going to be returned to the complex. ire. Tuma responded for the benefit of the board memberewho were not aware that it is alleged that approximately 5 72 - loads of dirt were removed from Evans Field and delivered to Russtll Piccolo's home on a Sunday. There are supposedly photographs of this claim. Mrs. Tuma indicated that it is her understanding that permission was not given by any party to release the dirt. Mr. Mitrik said he was unaware the situation until after the removal of the dirt had occurred. c. You do not serve as a member of the South Park Township Recreation Board. 6. Gertrude A. Hale has served as South Park Township Manager since June 1986. a. As administrator of the township, She has control over td mship records, oversees employees, handles all disbursements and has signature authority for checks. b. In September, 1988, the township contemplated installing piping and catch basins at Evans Field which is a recreational facility owned and maintained by the township. (1) The Evans Park catch basin project was initiated because of water run off problems from the upper level of the field. (2) An improvement to the entrance of Evans Field was contemplated by the township but the recreation director and public works director advised that catch basins and piping had to be installed before any actual work on the entrance could be done. Russell Piccolo Page 4 c. She directed that contractors be contacted so that at least two proposals would be received for the best price. d. Proposals were received as set forth in Finding 3. e. The catch basin project was never discussed by the township supervisors nor officially approved by action of the board. f. She discussed the two proposals with Mr, Mitrik (Recreation Director) and Mr. Peternel (Public Works Director) and they decided to award the contract to qtr. Valdiserri because he was cheaper and was familiar with the township. The township has offered Evans Park as a site for dumping clean fill to people for many years. h. Russell Piccolo, prior to October, 1988, asked her whether he could receive a little bit of dirt from Evans Park. (1) She subsequently talked to Russell Piccolo about the amount of dirt that he took and advised him that he could not take that quantity of dirt. (2) The township has never received payment from Russell Piccolo in relation to materials that he received front the township. i. There has been no other instance where township fill has been taken from one of its properties and given to a vitte individual at his personal residence. 7. Joseph Ehrenberger is an elected township supervisor for Sotth Park Township. a. During 1988, the board of supervisors considered a projedt relative to Evans Park to upgrade the park, the facilities and ball fields as money became available. b. implementing projects at Evans Field was ongoing. c. The catch basin project was not discussed by the township board of supervisors at a public meeting. d. The Pennsylvania League of Municipalities conventio* was held at Seven Springs during the week of 6epte1L er 28i 1986. - (1) The convention extended into the weekend of October first and second. Russell Piccolo Page 5 (2) Russell Piccolo was in attendance with his wife. (3) Russell Piccolo inquired of him regarding the construction going on at Evans Field. (a) The conversation occurred on either Friday or Saturday. e. The township has always allowed utility companies or anyone who had clean fill to dump free of charge at Evans Park. (1) The township was desirous of fill because there was a hollow which needed to be filled to create more parking areas. (2) The township has not offered fill from Evans Park to private individuals other than for governmental uses. f. A parking . area was not needed at the location where the dirt was removed. g. Any leveling or excavation in a particular area of the park could be used in another portion of the park to fill in a gully. 8. Herbert S. Zwilling is an engineer. a. Prior to his present employment, he was employed by the firm of R. M. Keddal and Associates. (1) As a subcontractor, R. M. Keddal and Associates' services were provided to the township of South Park as municipal engineer. (2) His general duties consisted of attending township meetings and handling township civic engineering functions like road or sewer building. (3) Part of his duties involved handling grading permits which weFe, provided for in the South Park Township Ordinance b. Fees are required for a grading permit to cover the engineer's inspection, his time and review of the grading permit. Russell Piccolo Page 6 (1) There is a twenty -five percent 'bond with regard to a grading permit to insure that the work 3.s 40ne appropriately. (2) If the project is completed satit a:C 1.yy e engineer gives the bond back. c, A grading permit is not required for minimal atits which would either be less than ten cubic yards or let% than a depth of four feet. d.. 1te prepared a grading permit for Russell Piccolo in Aut of 1988. e. , Grading permits are generally good for =12 to 18 months and 'may be renewed. f. An individual seeking <a grading permit must explain what he 'wishes to do. f1) A sample job requires -submission of a plot ,plan and indication of where the work will be done. (2) A complicated job will also require contours of the property. Prior to grading work being performed, normally the ' property would have to be physically inspected% h. For properties with slopes, the dumping of fill would increase the usable lot and derivatively Increase 't: financial value of the property% 9. Will iam Logan is the Sergeant of the Police of the South Park Police Department. a. He has been employed in that position for 29 years. b. As part of his duties, he had occasion to become =inv►elye in the investigation of the :removal of dirt from Evans 14614, c. Sergeant Logan took several photographs which incluftd thb arta from whiff the dirt had been removed. 10. David Marcucci Is a subcontractor who works for Valdisetti Excavating. a. He its a truce driver and heavy equipment operator. Russell Piccolo Page 7 (1) He uses the equipment of Valdiserri consisting of back hoes, high lifts and trucks. (2) He worked on a project for Mr. Valdiserri at Evans Park in South Park Township installing a pipe line. b. The installation of piping at Evans Park involved a process of excavating dirt, inserting the piping and then back filling over the pipe. c. On Sunday, October 2, 1988, at Evans Park he operated the high lift to push dirt down hill to stock pile it and load trucks. (1) Paul Valdiserri paid him for this work. d. Dirt was being taken from a location other than where the excavation for piping was taking place. (1) Dirt was being used to fill a tandem holding six or seven (cubic) yards which was taken off of the Evans Field location. (2) The dirt that was loaded was cut out of the field. e. The dirt that was taken from the ditch was not suitable for back fill. f. Upon completion of work at Evans Park, he went to the backyard of Russell Piccolo. (1) There were piles of dirt in the back yard of Russell Piccolo. (2) He performed grading work by leveling out the yard. (3) Richard Brunetti was present when he performed the work. g. He had taken dirt before this incident to the lot of Russell Piccolo. (1) He would take dirt that was left over from a job. (2) The fill that was taken to the property of Russell Piccolo was extra dirt that was left over from a project. Russell Piccolo Page 8 11. Richard Brunetti is employed as a police officer with South Park Township Police Departments ta. He privately does excavating and hauling work. (1) He owns a tandem truck. (2) He operates under the name of Brunetti Trucking Company. b. He is a cousin of Russell Piccolo. c. He primarily worked for Paul Valdiserri as a'contractor. d. Paul Valdiserri has an agreement with Russell Piccolo to dump fill in his back yard. e. He contacted Mr. Peternel to inquire as to whether some dirt could be taken from the Evans Field project to the yard of Russell Piccolo due to extra work being performed by Valdiserri for the township. f. On Sunday, approximately 10 to 12 tandem loads of dirt were dumped off at the home of Russell Piccolo. g. In a voluntary taped interview with a State Ethics Commission investigator on January 7, 1989, he indicated that Russell Piccolo knew that dirt would be coming from Evans Park. 12. Prank C. Peternel is the Director of Public Works for South Park Township. a. He previously served in other capacities as building inspector, zoning officer and code enforcement officer in the township. He acted as overseer as to the Evans Park project on which Mr. Valdiserri had the contract. The Evans Park project began on Thursday, September 29 at Evans Park. (1) On the first day of the project the sewer was full of mud which had to be flushed. (2) A pre -cast inlet was set in place and pipe was laid. (3) Township employees helped on the Valdiserri job. Russell Piccolo Page 9 d. The Evans Park project continued on Friday, September 30. (1) On Friday, a connection was made to existing pipe with township employees assisting Valdiserri's people. (2) Some township employees assisted in setting the inlet boxes; one proceeded to cement the boxes and the pipe openings and another helped Valdiserri's men connect the pipe. e. Township trucks were loaded to haul material to be used as back fill around the storm pipe. (1) The material excavated at the job site was unsuitable because it contained brick and chunks of concrete. j• (2) The material could damage or not make good bedding for the pipe. f. On Saturday, Valdiserri leveled off the township field site near the job site. q. Mr. Brunetti had a conversation with him on Saturday at Evans Park. (1) Brunetti inquired as to whether he could take some dirt for Russell Piccolo. (2) Brunetti offered to haul additional dirt for back fill - not only for on the pipe but in an area where additional dirt was needed. (3) Brunetti also offered to haul away some unsuitable material. (4) He did not see a problem with the offer by Brunetti. h. He did not go to the work site on Sunday. i. Not only did the township employees help in the project but two township trucks were used. At the time that the dirt was taken to Russell Piccolo's property, the township was soliciting,or allowing people to dump fill because the township was in need of fill. k. The township did not need to give fill away. Russell Piccolo Page 10 He serves under the township manager with the advice and consent of the board of supervisors of whom Russell Piccolo was a member. m. Aside from the Piccolo matter, the township has not allowed a private individual or entity to take dirt with the exception of one case for a PennDot governmental project. 13" Daniel Massimino is a self employed excavator. a. He has done work for Paul Valdiserri. b. He worked for Paul Valdiserri on the Evans Park project. On Sunday, October 2, 1988, he was driving a truck at Evans Park. ( (2) When his truck was loaded, he would drive down to where the sewage drainage was located. During the course of the day, he took approximately 10 loads of dirt to that area. ( He observed a truck at the Evans Park site operated by Mr. Brunetti. The truck driven by Brunetti had a bigger dump. He observed the Brunetti truck three or four times during the day. The Brunetti truck was receiving dirt from the same location. 14. Paul Valdiserri is self employed as an excavator and hauler. a. He is a friend of Russell Piccolo. b. He delivered dirt during the summer to the property of Russell Piccolo. (3) He would receive loads of dirt. 1) An arrangement driver and the 2) Russell Piccolo existed whereby, for the expense of the fuel, dirt would be delivered. did pay for some dirt. Russell Piccolo Page 11 3) There was never an agreement whereby he would actually conduct an excavation for the specific purpose of bringing dirt to Russell Piccolo. 15. Robert J. Brown is a truck driver. During October, 1988, he was a truck driver for Brunetti Trucking. b. He hauled dirt to Russell Piccolo's home on various occasions during the summer of 1988. ,i6 Hilary Flaus is employed as a police officer in South Park Township. a. On October 2, 1988, he received information relative to activities at Evans Field. (1) He received a radio call that someone was hauling dirt from Evans Field. Upon arrival at Evans Field, he encountered Messrs. Brunetti, Massimino and Marcucci at the field. (1) When the three were asked whether they had authority to be there, they said yes. (2) He later called Peternel to confirm that the three had permission to be at the field. c. He filed a police report regarding the removal of dirt from Evans Field. d. The three individuals at the Evans Field site did not indicate that they were hauling dirt for a private party. 17. Daniel Bredl is a resident of South Park Township. a. He resides on Falmouth Street two doors to the left of the house of Russell Piccolo. b. He has a full view from his premises of the back yard of Russell Piccolo. c. He was on his premises on October 2, 1988. f1) He observed as tri -axle truck dumping dirt onto the back yard of Russell Piccolo. Russell Piccolo Page 12 l8, Paul Vogt is a heavy equipment operator. a. He lives one quarter mile from the house of Russel]. Piccolo. b. On October 2, he observed a tandem truck. (1) He followed the truck which went to the house of Russell Piccolo. During the day, he drove to Evans Park and observed the loading of the same tandem truck. c. He has done charity work for the township. ) The truck dumped a load of dirt, left and returned with Other loads of dirt. (3) He followed the truck which went to Evans Field. (4) He returned home to continue his observations. d. A bull dozer was on the premises of Russell Piccolo late Sunday, October 2, levelling dirt. e. During the summer of 1988, he was unemployed. (1) He attended evening classes at the University of Pittsburgh. (2) He was at home with his three children during the week while his wife worked. (3) (2) (1) (2) Prior to October 2, he only observed one instance where a load of dirt was dumped at the property of Russell Piccolo. He has worked on Evans Field. He has not charged the township for work done at Evans Field. d. On occasion, he has delivered fill to Evans Park for the township. 19. James Shelter is the stepson of Russell Piccolo. a. Dirt was delivered to the home. of Russell Piccolo on October 2, 1988. Russell Piccolo Page 13 (1) He shoveled some dirt. (2) He did a little grading and leveling. 20. Evans Park contains various fields which are sometimes referred to as Evans Field. III. Discussion: A motion to dismiss the complaint was received at this Commission on January 23, 1989. The basis for dismissal relates to the decision of the Pennsylvania Supreme Court in Blackwell v. State Ethics Commission filed on December 13, 1989 at 162 E.D. Appeal Docket 1988. It is argued that the complaint should be dismissed because the Commission had no jurisdiction to conduct the investigation and secondly the alleged misconduct occurred at a time when the Commission was out of existence. Commonwealth Court in Blackwell v. State Ethics Commission filed an Opinion and Order at 2222 C.D. 1988 on January 8, 1990 which limited the application of sunset to the Blackwell Case, proceedings involving this Commission which were pending in Court at that time and proceedings before the Commission wherein the sunset issue was raibed prior to the date of the Court Order of January 8, 1990. Since the instant motion was filed after the date of the above decision, the raising of the sunset issue is not cognizable. In West Shore School District v. Pennsylvania Labor Relations, Board, filed in Commonwealth Court at 15 Misc. Docket 1990 on February 1, 1990, the Court considered a challenge by the school district as to sunset status of the Board. The Court held that Section 7(b) of the Sunset Act which extended. the Board by legislative resolutibn was unconstitutional. After noting that Section 4(4) of the Act was declared unconstitutional in Blackwell, supra, the Court conClured that the remaining provisions of the Act could not barry out its stated purpose and declared the entire Act unconstitutional. Vile effect of the aforecited decision is that no agency has been terminated under the Sunset Act. Since we must accordingly deny the :notion to dismiss, we will now address the substance of the aliegatibn, Russell Piccolo is a second class township supervisor in South Park Township, and hence is a "public official" as that tern is defined under the Ethics Act. 65 P.A. 5402; Pa. .Code Sik1. AIL4Uch, he is subject to the provisions of that law.. Initially, it is noted that Section 5' of - Act 9 of June 26, 1089 provides, in part, as follows: t Russell Piccolo Page 14 "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. The focus of our inquiry, in the instant matter, is whether Russell Piccolo violated Section 3(a) of the Ethics Act regarding the receipt of top soil from Evans Park in South Park Township at his personal residence. 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 11988). Likewise, a public official /employee may not use the status or position of public office for his own personal advantage; Huff, Opinion 84 -015. South Park Township contemplated doing certain improvements within Evans Park. Projects at the Evans Park were ongoing but dependent upon the availability of finances. During the summer of 1988, consideration was given to the installation of piping and catch basins to alleviate a water run off problem at the park. Although there were discussions among Township Manager Gertrude A. Hale, Public Works Director Peternel and Recreation Director Mitrik, the matter was never discussed by the township supervisors nor was such a project approved by official action of the township board. Mrs. Hale directed that contractors be contacted so that at least two proposals could be received. Bids were received by Messrs. Valdiserri and Danielson. Russell Piccolo Page 15 Both bids provided for the installation of 380 feet of sewer and 3 catch basins with all materials to be furnished by the township. However, Mr. Valdiserri's bid of $2550 was lower than the $2700 bid by Mr. Danielson. Following a discussion among Ms. Hale. and Messrs. Phitrik and Peternel, it was .decided to award the contract to Valdiserri who was cheaper and familiar with the township. The Evans Park project began on Thursday, September 29. Public Works Director Peternel acted as overseer of the project, On the first day of the project, mud was flushed from sewers and a precast inlet was set in place and pipe was laid. Township employees helped on the contract. On Friday, a connection was made to existing pipe with the assistance of township employees. Township employees also _assisted in setting the inlet boxes, cementing the. boxes and pipe openings while another township employee helped Valdiserri's men connect the pipe. In addition, township trucks were loaded with all the material to be used as back fill around the storm pipe. The original excavated material from where the pipe would be laid could not be used because it consisted of chunks of cement and brick which was unsuitable for back fill. On Saturday, Valdiserri leveled off the township field near the job site; on that day, Richard Brunetti, a South Park Policeman who also does private excavating and hauling primarily for Valdiserri, inquired as to whether he could take some dirt for Russell Piccolo in return for hauling additional back fill aid hauling away some unsuitable material. Mr. Peternel agreed to Brunetti's request. During Sunday, October 2, 1988, the Evans Park Project concluded. During that day,, David Marcucci, who is a subcontractor for Valdiserri,,operated' heavy equipment at Evans Park to cut or excavate dirt, push it down a hill and stock pile it for loading on t.^ucks. Part of such dirt was used to fill a tandem driven by Richard Brunetti who took the loads of soil to the residence of Russell Piccolo. Upon completion of his work at Evans Park, Mr. Marcucci went to the Piccolo residence and then performed grading work by leveling out the loads of soil'that were dumped in the back yard. Russell Piccolo was not at home while the dumping occurred because he was attending the Pennsylvania League of Municipalities Convention which was held at Seven Springs during the week of September 28, 1988. Although Piccolo was not present at Evans Park on Sunday when the excavation occurred and did -not. arrive home until after the dumping of the soil in his back yard, he -wAs aware of the fact that he would be getting soil from Evans Park. He asked Ms. Hale if he could get some soil from Evans Park which maw!, construed as -a "little bit of dirt." Further, Supervisor Ehrenberger testified that Piccolo inquired of him regarding the status of the project at Evans Park during the convention. Finally, Mr. Brunetti, who is Piccolo's_ cousin, admitted Russell Piccolo Page 16 that Pi Colo knew the soil which he received would be coming from Evans ; Park . Under these facts, we must determine whether there has been .a lase of public office to obtain a financial gain other than compensa provided for by law in derogation of Section 3(a) of the Ethics Act. There is no question that Mr. Piccolo has received a financial gain. The receipt of top soil extended his back yard; there is testimony that such an extension resulted in additional usable back yard area and increased the value of his premises. Further, the financial gain received is other than compensation provided for by law because there Is no provision in the second class township code which allows a township supervisor to receive top soil and fill from the township. The pivotal question which remains is whether there has been a use of office to obtain this financial gain. On this point, the evidence presented is insufficient to establish that Piccolo individually, Or through a direction to Mr. Peternel, authorized or directed the removal of soil from Evans Park to his own residence. Therefore, WO . find that there is no violation of Section 3(a) of the Ethics ACt th -. this case based upon an insufficiency of the evidence. A postscript is necessary so that there is no misunderstanding as to our decision. Our finding of no violation is strictly based upon the evidence presented which does not establish the requisite use Of office. However, this case gives us concern because of several inexplicable situations. First, Piccolo received soil or back fill when no other private individual was able to receive such fill. In fact, fill was taken only in one other instance where it was used for a governmental PennDot project. When this fill was taken from Evans Park, the park was in need of fill and was accepting fill free of charge from individuals so that certain gullies could be filled. Thus, we question as to why Piccolo, who happens to be a township supervisor, is the only individual who has been able to receive free fill from Evans Park. Secondly, we note that the evidence reflects that`he' was at least aware that he was getting dirt. The fact that Mr. Peternel may have told Richard Brunetti that he saw no problem with taking some dirt bears little significance considering that Mr. Beternel is an employee of the board of which Piccolo is one of the s pe isor5 Thirdly, the purported basis for the removal of the dirt related to certain "additional" work that was to be done by Brunetti for the township at Evans Park. However, the evidence reflects extensive involvement by township employees and trucks in the project which by the terms of the contract was limited to the township supplying the materials only. Thus, we fail to comprehend how "additional" work could be done for the soil or fill since the township supplied employees and trucks to assist on the project which was "additional" to the. contract. • Russell Pidcolo Page 1 Even though the evidence does not establish a violation of Section 3(a) of the Ethics Act, we believe that the circumstances of this case reflect that previsions of the Second Class Township Code or other laws of the Commonwealth may have been violated and accordingly, pursuant to the power vested in Section 7(11) of the Ethics ACt we will refer this matter to the appropriate law enforcement authority for further investigation and review. Yocabet v. State Ethics Commission, supra. TV. Conclusions of Law: 1. As a South Park Township Supervisor, Russell Piccolo is a public official subject to the provisions of the Ethics Act. 2. The 'sunset issue is not cognizable based upon the decisions of Commonwealth Court in West Shore _School District v, Pennsylvania Labor Relations Board and Blackwell. v.. State. Ethics Ccxmnission, supra. 3. Based upon an insufficiency f evidence, Russell Piccolo did not violate Section 3(a) of the Ethics Act regarding the receipt of top soil from the township to be used as fill in his back yard. In re: Russell Piccolo 1. The motion to dismiss the complaint is denied. 2. Based upon an insufficiency South Park Township Supervisor, did Ethics Act regarding the receipt of used as fill in his back yard. : File Docket: 88- 3.07 -C : Date Decided: February 22, 1999 Date Mailed: ORDER No. 735 of evidence, Russell Piccolo, a not violate Section 3(a) of the top soil from the township to be 3. Pursuant to Section 7(11) of the Ethics Act, this matter will be referred for further investigation and review to the appropriate law enforcement authority due to circumstances which reflect that provisions of the Township Code or other laws may have been violated. BY THE COMMISSION, LENA G. HUGHES, CHAIR Robert W. Brown did not participate in this matter because he acted as single presiding officer and recused himself pursuant to 51 Pa. Code 52.34(d).