HomeMy WebLinkAbout1245 SullivanIn Re: Cynthia Sullivan
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Daneen E. Reese
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
Michael Healey
00- 070 -C2
Order No. 1245
9/4/02
9/25/02
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
Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter
11, 65 Pa.C.S. § 1101 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 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 Stipulation of Findings is quoted as the Findings in this Order. The
Consent Agreement was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter
11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., 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 Act 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.
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I. ALLEGATION:
That Cynthia Sullivan, a public official /public employee, in her capacity as a Member
of the West Mifflin Sanitary Sewer Municipal Authority, violated Sections 3 (a)/1103(a) and
4(a)/1104(a) of the Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 1104(a), when she
participated in discussions and actions resulting in the use of Authority personnel and
Authority materials and equipment for use on her personal property; when items of a
personal nature were charged to Authority accounts; when she submitted, approved and
was reimbursed for expenses unrelated to Authority business; when she participated in the
process, including voting to approve and signing checks to approve expenses of a personal
nature; and when she failed to file a Statement of Financial Interests for the 2000 calendar
year by May 1, 2001, the year after leaving public office.
II. FINDINGS:
1. Cynthia Sullivan served on the Board of Directors of the West Mifflin Sanitary
Sewer Municipal Authority (WMSSA), Allegheny County, from May 7, 1996, until
October 23, 2000.
2. Sullivan served as Chairman of the Board of the WMSSA from December 1997
through 1999.
a. Sullivan served as Assistant Secretary /Assistant Treasurer in 2000.
3. The WMSSA was formed by the Borough of West Mifflin pursuant to the provisions
of the Municipal Authority Act of 1945 in May 1996.
4. The WMSSA consists of five members serving staggering terms.
5. Articles of Incorporation for the WMSSA provide as follows relating to the purpose
of the authority: to be the acquiring, holding, constructing, improving, maintaining,
owning, operating, and leasing, either in the capacity of lessor or lessee, [sewers,
sewer systems or parts thereof, sewage treatment works, including works of treating
and disposing of industrial waste) for the Borough of West Mifflin and for such other
territory as the Authority may be authorized by law to serve, and to do all activities,
and to acquire all properties and assets useful in relation thereto."
6. Authority by -laws created the officer positions of Chairman, Vice - Chairman,
Secretary, Treasurer and Assistant Secretary/Treasurer.
7. The WMSSA employs a manager to oversee the daily operations of the Authority,
including supervising Authority employees.
a. Ronald Hess served as the WMSSA Operations Manager from June 1996
to June 1999.
b. Hess served as General Manager from December 1998 through September
2000.
8. From June 1996 through June 4, 1999, the WMSSA employed an Administrative
Manager.
a. Irene Parkinson served as Administrative Manager from June 16, 1996, until
November 1998.
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b. The administrative manager reports directly to the Authority Board.
9. The job duties and responsibilities for the Administrative Manager include the
following:
a. Responsibility for the administration and fiscal operations of the board.
b. Development of policies and procedures for expending funds including those
related to travel expense reimbursement.
10. In November 1998 Parkinson was relieved of any duties or responsibilities in
relation to the payment or authorization of expenditures.
a. Ronald Hess was assigned those duties.
11. Members of the WMSSA regularly attended conferences and conventions related to
sewer operations.
a. Expenses in relation to conferences were paid by the authority.
1. Some expenses, such as conference registration and airfare were
pre -paid by the authority.
12. The authority had no written policy regarding itemization or limitations of expense
reimbursements.
13. Members of the authority received per diems when attending conferences/
conventions.
a. The per diems were to cover expenses such as meals, parking and tolls
which were not included with any prepayments made by the authority.
b. The per diems received by board members varied with the location of the
conference /convention.
1. Per diem rates for Hershey, PA events is $50.00 /day.
2. Per diem rates for Philadelphia events is $100.00 /day.
14. Members of the WMSSA regularly attended the following conferences /conventions:
a. Pennsylvania Municipal Authorities Association (PMAA).
b. Allegheny League of Municipalities (ALOM).
c. Water Environmental Foundation.
15. Between January 1998 and May 2000 WMSSA expended $53,558.42 for the
attendance of five board members, authority manager Ronald Hess and employee
Kenneth Frick at conventions and conferences.
a. The conferences were located in Hershey, PA; Philadelphia, PA; Orlando,
FL; New Orleans, LA; Charlottesville, VA; and Nashville, TN.
16. Cynthia Sullivan regularly attended conferences and /or seminars while serving as a
member of the WMSSA.
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a. Sullivan's attendance included functions sponsored by the Pennsylvania
Municipal Authorities Association (PMAA) and the ALOM and the Water
Environmental Foundation.
b. Fourteen thousand four hundred forty -six dollars and forty cents
($14,446.40) of all the $53,558.42 travel expenses between 1998 and 2000
were directly incurred by Cynthia Sullivan.
17. The PMAA is an association for municipal authorities in the Commonwealth
consisting of an active membership of over 590 authorities.
a. The PMAA offers membership legislative services, educational and training
workshops, information services and an annual convention.
18. Sullivan claimed and received expense reimbursements, including per diems, from
the WMSSA for attendance at PMAA annual conventions in 1998, 1999 and 2000.
19. Sullivan attended the 1998 PMAA Conference held at the Hershey Lodge and
Convention Center, Hershey PA, from August 30, 1998, to September 2, 1998.
a. Sullivan's expenses for the trip were paid for by the WMSSA.
b. Roberta Chonko was the other WMSSA member attending the conference.
20. Records of the Hershey Lodge and Convention Center confirm Sullivan checked
into the hotel on August 28, 1998, checked out on September 2, 1998, and incurred
the following expenses:
a. Room & Tax: $135.68
(08/29 — 09/01) x 4 nights
Total $542.72
b. Room Service:
08/30/98
09/02/98
c. Meals:
Hearth (08/30/98)
Lebbie's (08/31/98)
d. Forebay Lounge
(08/29/98)
e. Telephone:
TOTAL
$ 15.74
$ 14.81
$ 124.35
$ 15.00
$ 9.00
$ 85.17
$806.79
21. The total charges of $806.79 were charged to a WMSSA MasterCard issued to
Irene Parkinson which charges were paid directly by the authority in October 1998
by check no. 7290.
22. On or about September 14, 1998, Sullivan and Robert [sic] Chonko submitted a
joint expense statement detail to the WMSSA for the PMW [sic] Conference
which included the following:
Date Description Meals Incidentals
08/29/98 Gateway Restaurant Breezewood $ 25.00
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08/29/98 Bell Hops
08/29/98 Dinner at Luciana's $ 120.00
08/30/98 Friendly's Restaurant $ 12.00
08/31/98 Friendly's Restaurant $ 12.00
09/01/98 International House of Pancakes $ 20.00
09/02/98 Tip Housekeeping staff
$2.00x2x5days
09/02/98 Friendly's Restaurant $ 12.00
Gateway Rest. - Breezewood (lunch) $ 28.00
Total for Meals $ 229.00
Less $100.00 $ 100.00
$ 129.00
Divided by 2 $ 64.50
Divided by 2 $ 15.00
One Check to:
Roberta Chonko $ 79.50
Cynthia Sullivan $ 79.50
$ 10.00
$ 20.00
$ 30.00
23. Prior to going to the conference, Sullivan and Chonko received advances for
expenses of $50.00 each.
a. Check No. 7067 was issued to Petty Cash, cashed by Irene Parkinson and
disbursed to Sullivan and Chonko.
1. The check was signed by Sullivan and Parkinson authorizing
payment.
b. The petty cash advancement was deducted from the itemized expense detail.
24. The WMSSA issued check no. 7152 on September 17, 1998, in an amount of
$79.50 to Sullivan as reimbursement for the itemized expenses.
25. Sullivan also received a payment from the WMSSA on August 24, 1998, in an
amount of $220.80.
a. Check no. 7065, signed by Board Members Chonko and Trimbath, was
issued to Sullivan on August 24, 1998, three [sic] days prior to the
conference.
b. The memo portion of check no. 7065 indicates "PMAA Hershey Conference
1998."
c. The check was cashed by Sullivan on August 28, 1998.
26. The $220.80 payment received by Sullivan was in addition to the itemized expense
reimbursement she received and the charges paid by authority for the credit card
bill.
a. No expense receipts were submitted by Sullivan to justify the reimbursement.
27. The PMAA held its 1999 Annual Conference and Trade Show at the Adams Mark
Hotel, Philadelphia, PA, from August 29, 1999, through September 1, 1999.
a. Convention registration was from 12:00 p.m. - 5:00 p.m. on August 29, 1999.
b. Closing breakfast was 8:30 a.m. on September 1, 1999.
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28. The WMSSA pre -paid expenses for Sullivan as follows:
a. Registration: $ 170.00
b. Meals: $ 54.00
c. Airfare: $ 165.00
29. Sullivan also received a $500.00 per diem from the WMSSA for her attendance at
the 1999 PMAA Convention.
a. This included $100.00 /day for five (5) days.
b. WMSSA check no. 8558, signed by Board Members Trimbath and Chonko
was issued to Sullivan on 08/20/99 in the amount of $500.00.
c. The $54 prepaid by WMSSA for meals was not deducted from the per diem.
30. Following her return from the conference, Sullivan submitted an expense statement
to the WMSSA for her attendance at the PMAA Convention.
a. The time period submitted was from August 26, 1999, through September 1,
1999.
b. The statement is signed by Cynthia Sullivan.
31. Based on the submitted expense statement, Sullivan requested an additional
payment of $38.67 to cover the difference between her claimed expenses ($538.67)
and her per diem of $500.00.
a. WMSSA check No. 8858 was issued to Sullivan on October 5, 1999, in an
amount of $38.67.
b. The extra amount requested included meals and taxi fares in addition to the
$500.00 per diem Sullivan received.
32. Sullivan's expense statement detailed the following expenses in support of this
request.
a. 08/26/99:
Meals: $ 140.72
Taxi: $ 85.00
Total $ 225.72
b. 08/27/99:
Taxi: $ 54.00
Meals: $ 145.00
Total $ 199.00
c. 08/28/99:
Taxi: $ 60.00
Meals: $ 44.95
Total $ 104.95
08/27/99
09/01/99
09/01/99
Skycap $ 2.00
Maid $ 5.00
Bellman $ 2.00
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Total Claimed: $ 538.67
33. Receipts submitted by Sullivan in support of the expenses were as follows:
08/26/99: Cab Fare — Airport to
City Line Avenue: $ 50.00
Lunch:
Dinner:
Receipt Devon's Seafood
w/K Lockridge $ 135.00
Total $ 225.72* [sic]
*An additional $35.00 cab fare was claimed by Sullivan but no receipt
provided
08/27/99: Cab Fare — Adams Mark
to City Line Ave.
Market Street:
Cab Fare — 4:00 p.m.
Broad Street to City
Line Avenue:
Dinner:
H.T. & C.S.
Total
Total
$ 27.00
$ 27.00
$ 145.00
$ 199.00
08/28/99: Cab Fare — 10:00 a.m.
City Line Ave to
Downtown Philadelphia: $ 30.00
Lunch — F. Becht: $ 44.95
Cab Fare — 2:00 p.m.
Downtown to City
Line Avenue:
$ 30.00
$ 104.95
34. As part of her attendance at this conference, Sullivan claimed expenses for August
26, 1999, August 27, 1999, and August 28, 1999, three days prior to the
registration for the conference.
a. Board members usually traveled to conferences one day prior to such
conferences.
35. Sullivan failed to submit any proof that the expenses claimed for the August 26 -27,
1999, PMMA Convention above were related to her official duties or to the
convention.
36. Records of the Adam's Mark Hotel confirm Sullivan's arrival date of August 26,
1999, and departure date of September 1, 1999.
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37. Expense folio for Sullivan's stay at the Adam's Mark included the following:
a.
Room: $ 124.96/day
x 6 days
$ 749.76
b. Room Service:
08/27/99 $ 21.91
08/28/99 $ 13.34
08/30/99 $ 20.21
08/31/99 $ 35.37
Total $ 90.83
c. Appleby's Restaurant:
08/29/99 $ 25.10
$ 10.03
15.34
08/30/99 $ 20.19
Total $ 70.66
d. Marker Restaurant:
08/28/99 $ 384.64
e. Players Cocktail Lounge:
08/28/99 $ 23.00
08/29/99 $ 63.00
08/31/99 $ 15.50
Total $ 101.50
f. Gift Shop:
08/28/99 $ 7.76
g. Telephone: $ 123.16
Total $ 1,524.09 [sic]
38. The charges to Sullivan's account at the Adam's Mark Hotel were billed directly to a
WMSSA MasterCard.
a. This is a WMSSA credit card assigned to Cynthia Sullivan.
b. The WMSSA approved Sullivan's credit card charges during the October
1999 meeting.
1. Sullivan was present at the meeting and participated in the payment
of authority bills.
2. Sullivan had no out of pocket expenses for items covered by the
MasterCard.
39. Of the expenses charged by Sullivan to the MasterCard, $271.83 of those charges
were for the time period August 26, 1999, through August 27, 1999, the second and
third day prior to the start of the conference.
a. Room: $ 124.96/day
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x 2 days
Total $ 249.92
b. Room Service:
08/27/99 $ 21.91
Total $ 21.91
Total $ 271.83
40. The WMSSA paid or reimbursed Sullivan for expenses related to the 1999 PMAA
convention as follows:
a. Airfare: $ 165.00
(prepaid)
b. Per Diem: $ 500.00
(prepaid to Sullivan)
c. Conference Pre - Registration: $ 224.00
(prepaid)
d. Hotel Expense: $ 1,524.09
(direct bill from MasterCard)
e. Extra Per Diem: $ 38.67
(paid after submission of
expense request)
Total $ 2,451.76
41. Sullivan failed to submit sufficient proof that the funds received, as delineated
below, were related to the convention:
a. $54 prepaid meals not deducted from per diem (See Finding No. 28.)
b. Room: $ 249.92 (See Finding No. 39(a))
08/26/99 — 08/27/99
c. Meals directly paid by WMSSA that were charged to MasterCard but already
reimbursed by per diem (See Finding No. 39(a) -(f)):
1. Room Service: $ 90.83
08/26/99 — 08/28/99
2. Appleby's $ 70.66
3. Maker Restaurant $ 384.84
4. Players Lounge $ 101.50
5. Craft Shop $ 7.76
6. Excess expense request $ 38.67
Total $ 998.18
42. In addition to the foregoing, on or about August 19, 1999, Sullivan, in her capacity
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as WMSSA Chairman, directed Donna Shoenair, an employee of the WMSSA to
prepare a check in an amount of $250.00.
a. Sullivan told Shoenair the check was for board members dues.
43. On August 19, 1999, Shoenair issued WMSSA General Fund Account Check No.
8562 in an amount of $250.00 payable to Cynthia Sullivan.
a. The memo portion of the check indicated "Board of Directors."
b. The check is signed by Cynthia Sullivan and Roberta Chonko, a WMSSA
member.
44. Check No. 8562 was deposited into a PNC Bank account on or about August 25,
1999, over which Sullivan has signature authority.
45. Sullivan failed to submit sufficient proof that the proceeds of check no. 8562 were
for any WMSSA related expenditures.
46. In 1999 Cynthia Sullivan was considered for a position as Assistant Director of
Region 10 of the PA Municipal Authorities Association.
a. The PMAA has separate regions which interface with all the authorities
located in a region on matters of local concern.
b. Each region has a director who is responsible for organizing a dinner and
other events for the region.
c. An assistant director is also appointed but has no duties.
1. The appointment of the assistant is made by former directors.
47. Former Region 10 Directors Joseph Wiesner and Howard Theis and current
director Anthony Russo selected Sullivan in 1999 to serve as the Assistant Director.
a. No meetings or dinners were ever held with Sullivan regarding this matter.
b. Any discussions with Sullivan occurred telephonically.
48. Cynthia Sullivan claimed expenses to the WMSSA in relation to PMAA Nominating
Committee meetings regarding her selection as assistant director even though no
expenses were incurred.
a. The expenses included mileage reimbursement and meal expenses.
49. On or about May 20, 1999, Sullivan submitted meal expenses to the WMSSA for
lunch meetings with the nominating committee of the PMAA.
a. 05/17/99 — Generic guest receipt no. 209401 in an amount of $50.00.
1. Handwritten on the receipt was "lunch meeting to discuss PMMA [sic]
appointment."
50. On May 28, 1999, the WMSAA reimbursed Sullivan for the May 17, 1999,
expenses.
a. The check was deposited in Sullivan's personal account on May 28, 1999.
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b. The check was signed by Cynthia Sullivan and Ronald Hess authorizing
payment.
51. On or about September 22, 1999, Sullivan submitted to the WMSSA an expense
statement claiming mileage and tolls in an amount of $265.24 for meetings with the
PMAA nominating committee.
52. Attached to the expense statement was a breakdown of the dates and mileage as
follows:
Date Meeting With
6/07/99 PMMA sic Nominating Committee
6/22/99 PMMA sic Committee Meeting
6/23/99 PMMA sic Meeting
7/12/99 PMMA sic Meeting Region 6
7/19/99 Final In . w Nominating Comm
7/22/99 PMMA sic Meeting — Wilkinsburg
8/02/99 PMMA sic Meeting Region 6
8/14/99 Meeting with Howard Theis —PMMA
[sic]
8/16/99 Meeting with Kent Lockridge
9/16/99 PMMA [sic] Orientation Meeting
Destination
Findley Township
Moon Township
Wilkinsburg
Donagel
Donagel
Johnstown
Findley Township
Robinson Water Auth
Donagel
Mileage Total
6 sets of tolls at .90
Total Amount Due
a. No members of the committee ever met with Sullivan on these dates.
No. of Miles
50
70
16
130
130
16
150
50
70
130
812
x $0.32
$ 259.84
$ 5.40
$ 265.24
53. No meetings of the PMAA Nominating Committee or orientation meetings occurred
on any of the dates claimed by Sullivan on her expense statement.
54. On October 4, 1999, the WMSSA issued check number 8774 signed by Board
Members Trimbath and Ronald Hess to Sullivan in an amount of $303.89.
a. The amount included the $265.24 plus an additional $38.65 for mileage
claimed by Sullivan for Philadelphia mileage.
1. Sullivan traveled to the PMAA convention in Philadelphia by air and
submitted numerous cab fare receipts for alleged related travel. (See
Finding No. 28 - 33).
2. Sullivan incurred no personal mileage expenses in relation to
authority business to Philadelphia which would have required
reimbursement.
55. In 1999 while serving as Chairman of the Authority, Sullivan submitted receipts for
expense reimbursement for meetings with Authority Solicitor, Ira Weiss.
a. On or about July 10, 1999, Sullivan submitted to the Authority a generic
receipt, no. 253681 in an amount of $50.39 along with an expense statement
stating the purpose was a lunch meeting with Ira Weiss to discuss personnel
issues.
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b. The expense statement contains the signature of Cynthia Sullivan in the
approved box as the approving officer.
c. The WMSSA issued check no. 8252 signed by Chonko and Trimbath on
July 18, 1999, in an amount of $50.39 to Cynthia Sullivan as reimbursement
for the luncheon expenses.
56. Ira Weiss confirmed that no such luncheon meeting with Cynthia Sullivan occurred.
57. On or about August 16, 1999, Sullivan submitted receipts for reimbursement
claiming the expenses were related to "personnel issues, August discussions."
a. 08/07/99: $ 75.48
b. 08/13/99: $ 66.15
c. 08/14/99: $ 35.48
Total $177.11
58. The receipts submitted by Sullivan were generic receipts and do not identify a
restaurant or place of service.
59. The WMSSA issued check no. 8526 in the amount of $177.11 on August 16, 1999.
a. The memo portion of the check indicates Personnel Issues August
Discussions.
b. The check is signed by Cynthia Sullivan and Donald Trimbath authorizing
payment.
60. Sullivan failed to submit any proof that the charged meal expenses on May 3, 1999,
August 7, 1999, and August 12, 1999, were related to personnel dinners or PMAA
matters.
a. No personnel matters or PMAA business was transacted on those dates.
61. The following meals were charged to the WMSSA MasterCard issued to Cynthia
Sullivan.
08/07/99 Woody's Little Italy $ 35.92
08/12/99 Costanzo's Supper Club $ 25.30
Total $ 61.22
62. These expenses were claimed on or about the same dates that Sullivan also
claimed reimbursement for other meal expenses related to personnel issues. (See
Finding No. 57).
a. A charge of $75.48 was also claimed on August 7, 1999, in addition to
$35.92 charge to the credit card.
63. Sullivan also charged a dinner on May 3, 1999, at the Hilton Three Rivers Pub in an
amount of $40.87 to WMSSA MasterCard issued to Irene Parkinson.
a. Sullivan claimed this charge was related to the PMAA.
b. No PMAA functions occurred on May 3, 1999.
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64. Sullivan charged $102.09 in meals to authority credit cards for which no support
was provided.
08/07/99 $35.92
08/12/99 $25.30
05/03/99 $40.87
65. Sullivan attended the 1999 PMAA Spring Dinner meeting held in Seven Springs on
May 1, 1999.
a. All expenses for the meeting were prepaid by the authority.
b. Sullivan and Chonko were the only WMSSA members attending.
c. Both Sullivan and Chonko stayed overnight at Seven Springs following the
dinner on May 1, 1999.
1. There were no PMAA activities on May 2, 1999.
66. The WMSSA pre -paid the following in relation to Sullivan's attendance at the dinner
meeting.
Date Amount Check No. Purpose
04/21/99 $ 35.00 8053 Dinner Costs
04/29/99 $ 100.00 8080 2 days per diem ($50 /day)
04/29/99 $ 41.60 8082 Mileage
Sullivan signed WMSSA check no. 8053 authorizing her dinner costs.
67. Sullivan checked into the Seven Springs Resort on May 1, 1999, and checked out
on May 2, 1999, incurring the following expenses:
a. Room: $ 93.00
b. Bavarian Lounge: $ 53.95*
$ 29.50
Total $ 176.45
c. Costs were charged to the WMSSA MasterCard.
68. All expenses for Sullivan's attendance were paid either by check or charged to an
authority credit card.
69. Sullivan collected the $100.00 per diem even though all expenses were paid by the
authority.
a. Sullivan did not submit any other expenses to the authority other than those
for which she was reimbursed.
70. Expenses covered by the per diem would have included:
Meals 04/21/99 $ 35.00
Mileage 04/29/99 $ 41.60
Bavarian Lounge 04/29/99 $ 53.95
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Total $ 130.55
71. The $130.55 in expenses were the type of expenses covered by the per diem.
72. Sullivan attended the Allegheny League of Municipalities Fall Conference of
Townships and Boroughs held at Seven Springs Resort from September 23, 1999,
until September 26, 1999.
a. Also attending were board members Roberta Chonko and Donna Diener.
b. Expenses for attending the conference were paid by the WMSSA.
73. Costs for the conference were divided into plans which included lodging and various
meal costs.
a. Plan "A ": Thursday dinner and lodging; Friday breakfast, lunch, dinner
and lodging; Saturday breakfast, lunch, dinner and lodging;
Sunday breakfast
Cost: $514.00 per official
b. Plan "B ": Same as Plan "A" with the exception of Thursday dinner and
lodging.
Cost: $372.00 per official
c. Registration: $150.00 per delegate
74. The WMSSA paid expenses for Sullivan in relation to this conference as follows:
Date Amount Paid Reason Check No.*
09/10/99 $ 150.00 Conf. Registration 8612
09/10/99 $ 75.00 Room Reservation 8630
09/15/99 $ 297.00 Balance of Plan "B" 8665
09/15/99 $ 141.60 $100 per Diem
$41.60 Mileage 8666
*Checks were signed by Sullivan authorizing registration, costs and per diem.
75. Sullivan attended the conference from September 24, 1999, until the morning of
September 26, 1999.
a. All meals and lodging were prepaid by the authority.
b. No additional expenses were claimed by Sullivan.
76. Sullivan received $100.00 when she submitted and received per diem expenses for
the 1999 Joint Conference even though all expenses for the trip had been paid by
the authority.
a. Sullivan signed checks approving payments, including the per diem.
77. Cynthia Sullivan received the following when she submitted and /or approved and
received reimbursements /payments for travel in excess of actual authorized
expenses or which were not related to the business of the authority.
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a. 1998 PMAA Conference:
Expense Check No. 7065: $ 220.80
Total $ 220.80
b. 1999 PMAA Conference: $ 998.18
c. Check No. 8562:
Board of Directors Payment: $ 250.00
d. Nominating Committee Mtg: $ 50.00
e. Mileage:
Nominating Comm. Mtg
and Philadelphia: $ 303.89
f. Meal — Ira Weiss: $ 50.39
g. Personnel Issues — Meals $ 177.11
h. Credit Card — Meals: $ 102.09
PMAA Spring Dinner: $ 130.55
j. 1999 ALOM Fall Conf: $ 100.00
TOTAL $ 2,383.01
The following findings relate to the use of authority employees to perform
personal services.
78. In or about July 1999 Cynthia Sullivan personally purchased a hot tub to be
installed at the rear of her residence.
a. The hot tub was purchased and paid for by Sullivan from Skyview Pools at
cost of $5,344.95.
79. On or about August 3, 1999, Sullivan telephonically contacted Manager Ronald
Hess, advised him the hot tub had been delivered to her residence.
a. Hess radioed foreman Dane Bonacci and directed that he and other
employees report to Sullivan's property and move the hot tub.
b. Bonacci, along with WMSSA employees James Lawrence Moneck, Rick
Mikulla, Dave Kinney, Jason Price and Chris McGrath went to Sullivan's
residence in authority vehicles, while on authority time, and moved the hot
tub from the front of Sullivan's residence to the rear for placement on the
concrete pad previously poured by Bonacci.
c. Time spent from when the employees left their jobs and returned was one
hour.
d. WMSSA employees were paid the following hourly rate in 1999:
Bonacci: $ 16.74
Mikulla: $ 14.02
Kinney: $ 13.44
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Moneck: $ 16.62
Price: $ 15.58
McGrath: $ 6.00
Total $ 82.40
e. Costs to the WMSSA as a result of Sullivan's use of authority employees
was at least $82.40.
f. Sullivan knew or should have know that Hess was having authority
employees move the hot tub in question.
80. Prior to the delivery of the hot tub, Sullivan approached Bonacci about ouring a
cement pad at the rear of her home so that the hot tub could be installed.
a. Bonacci agreed to mix the cement and pour the concrete pad for
approximately $200.00.
b. Sullivan was to provide the material, including the concrete.
c. The work was to be performed by Bonacci after his regular working hours.
1. Authority employees Price, James Lawrence Moneck and Ricky
Mikulla were to help Bonacci.
d. The project required the removal of a brick pad, leveling of the area, and
framing of the pad area and pouring the concrete.
81. On or about August 10, 1999, WMSSA summer employees Greg Corrins, James
Lee Moneck, and Chris McGrath used an authority vehicle to pick -up forty -two (42)
bags of cement at Schink's Hardware.
a. The employees delivered the forty -two (42) bags to Sullivan's residence and
unloaded the cement at the rear of the property.
b. The pick -up and delivery was done during the regular working hours of the
authority employees.
c. The pick -up, delivery and unloading took at least one (1) hour.
d. In 1999 Corrins, Moneck and McGrath were paid $6.00 per hour as summer
help.
82. On or about August 24, 1999, Schink's Hardware invoiced the WMSSA for a
number of items, including the forty -two (42) bags of cement.
a. The cost of cement was $209.58 (42 bags @ $4.99 /bag).
b. Payment for the concrete was made by the WMSSA as part of check no.
8629 dated September 10, 1999.
1. Check no. 8629 was signed by Sullivan.
2. The Schink's invoice was approved by WMSSA during its
September, 1999, meeting.
3. Sullivan was present and participated in the approval as she
participated in the approval of all invoices.
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4. Sullivan states that she was unaware that the cement was used at
her residence.
83. The total cost to WMSSA for the work on the hot tub was as follows:
Concrete: $ 209.58
Concrete Labor: $ 18.00
Labor (Move Hot Tub): $ 82.40
Total $ 309.98
84. In June 1999, WMSSA employees Kenfrick and Jason Price were used to cut a
concrete slab on Sullivan's property.
a. The employees were directed to do this by Ronald Hess.
b. The assignment came at the time when Sullivan was having a fence installed
on her property between May 27, 1999, and June 27, 1999.
c. Frick and Price went to Sullivan's property, removed the slab and took it to
the WMSSA shop where it was cut with an authority saw used for cutting
concrete.
1. After the slab was cut it was returned and reinstalled on Sullivan's
property.
d. Frick and Price did the work on authority time, using authority equipment,
and traveling to Sullivan's home in an authority vehicle.
1. The project took at least one (1) hour to complete.
e. Frick and Price were paid as follows in 1999:
Frick: $ 22.90
Price: $ 15.58
Total: $ 38.48
85. In August 1999, WMSSA employees repaired a garage door at Sullivan's
residence.
a. Sullivan discussed with Manager Ronald Hess problems she was having
with the door.
b. Hess subsequently dispatched WMSSA employees Rick Mikulla, Dave
Kinney and Greg Corrins to Sullivan's residence to repair the garage door.
86. On or about August 17, 1999, Dave Kinney, an WMSSA employee, purchased two
(2) 70 pound springs from Schink's Hardware to be used in the repair of Sullivan's
garage door.
a. Sullivan did not pay for the springs.
b. The springs costing $11.89 each (total $23.78) were charged to the
WMSSA account.
1. Schink's invoiced the borough for the springs by invoice no. 72902
dated August 17, 1999.
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2. The authority paid for the springs as part of check no. 8629 on
September 16, 1999, signed by Sullivan and Chonko.
87. On or about August 17, 1999, authority employees Mikulla, Kinney and Corrins
repaired Sullivan's garage door.
a. The repair took at least one hour to complete.
b. The repairs were completed during the employees' regular working hours for
the authority.
88. In 1999 the authority employees' hourly rate of pay was as follows:
Mikulla: $ 14.02 /hour
Kinney: $ 13.44 /hour
Corrins: $ 6.00 /hour
Total $ 33.46
89. Total cost to the authority for repairing Sullivan's garage door was as follows:
Wages: $ 33.46
Parts: $ 23.78
Total $ 57.24
90. In August 1999, Dane Bonacci and James Lawrence Moneck, authority employees,
painted the foundation of Sullivan's home.
a. Bonacci was approached by Sullivan and agreed to do the job for $300.00.
b. He was to be assisted by James Moneck.
c. The work was to be completed after Bonacci's regular hours at the authority.
1. Bonacci and Moneck's work hours were 7:00 a.m. to 3:00 p.m.
91. Bonacci and Moneck began the paint job using paint from authority supplies.
a. Sullivan was not home at the time Bonacci and Moneck started the job.
b. Upon returning home, Sullivan did not like the paint color and directed
Bonacci to go to Schink's Hardware and get paint of another color.
c. Bonacci obtained five (5) gallons of paint from Schink's and charged it to the
authority's account.
d. Bonacci and Moneck completed the painting project using the paint obtained
from Schink's.
92. WMSSA purchase order no. 2110 to Schink's Hardware dated August 10, 1999,
confirms the order of five (5) gallons of Chateau Brown paint at cost of
$17.88 /gallon for a total of $89.40.
a. Schink's invoiced the authority for the paint by invoice no. 71706 on August
10, 1999.
93. The payment for the paint was made as part of authority check no. 8629 dated
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September 10, 1999.
a. The check was signed by Cynthia Sullivan and Roberta Chonko.
b. The authority voted to approve payment of the invoice during its October
1999 meeting with Cynthia Sullivan participating in the vote.
c. Check no. 8629 also included payment for cement bags and springs for the
garage door.
94. In September 1998, Sullivan's Irish setter had a medical condition which required
daily medication.
a. In September 1998, Phenobarbital was prescribed to be taken twice daily,
twelve hours apart.
b. In December 1998, additional medication, Potassium Bromide, was
prescribed to be given twice daily.
c. Sullivan wanted the medication to be given to the dog at 9:30 a.m. on a daily
basis.
95. Due to the distance from Sullivan's employment to her residence, she was unable to
get home to administer the medication.
a. Sullivan discussed with Ronald Hess, Hess or some other authority
employee going to her home to give the medication to the dog.
96. Beginning in or about January 1999, Hess began administering the medication on a
daily basis to Sullivan's dog.
a. Hess did this while on authority time and used an authority vehicle to travel
approximately three (3) miles round trip from the authority office to Sullivan's
home.
b. This occurred on a daily basis from Monday through Friday, and took at least
one half hour.
97. In or about February 1999 Hess directed Ken Frick to take over the responsibility of
providing medication to Sullivan's dog.
a. Frick was a subordinate WMSSA employee.
b. Hess provided Frick with a key to Sullivan's home and directed him to give
the medication at 9:30 a.m. on a daily basis.
c. Frick, using an authority vehicle, went to Sullivan's home on a daily basis
and gave Sullivan's dog medication.
d. This occurred on a daily basis for at least a ten (10) week period between
February and May 1999.
e. This activity took approximately one -half hour and was done during authority
hours.
98. During the time period that Frick and Hess provided medication to Sullivan's pet,
they were paid as follows by the township.
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a. Frick: $22.90 /hour
b. Hess: $29.57 /hour
99. Frick also delivered a specimen to Sullivan's veterinarian during the time period he
was directed by Hess to administer the medication.
a. This duty took approximately one (1) hour to medicate the dog, pick up the
sample and delivery [sic] to the veterinarian at the Dravosburg Veterinary
Hospital.
100. Authority employees were paid as follows for time used to care for Sullivan's dog:
a. Ken Frick: $595.40
1. 2.5 hours /week x 10 weeks x $22.90 /hour = $572.50
2. 1 hour x $22.90 to deliver the sample to the veterinarian.
b. Use of authority vehicle by Frick: 3 miles /day x 5 days x 10 weeks = 150
miles x $ .32 /mile = $48.00.
c. Labor: $ 595.40
Vehicle: $ 48.00
Total $ 643.40
101. Sullivan's pet's medical condition required a referral to the Cleveland Veterinary
Referral Clinic.
a. Sullivan requested that Ron Hess transport her to the clinic to pick up the
dog using the authority's sport utility vehicle assigned to Ronald Hess.
102. On or about January 12, 1999, Hess, Sullivan and Beverly Vujnovich, a secretary
for the WMSSA, transported Sullivan, in the authority vehicle, to the veterinarian
clinic in Cleveland, Ohio, to pick up Sullivan's dog.
a. Both Hess and Vujnovich were on authority time when the transport
occurred.
b. The rate of pay for Hess and Vujnovich at that time was:
Hess $29.57 /hour and Vujnovich: $10.50 /hour.
103. In addition to using an authority vehicle for transportation to Cleveland, gasoline and
meal expenses for the trip were charged to an authority credit card.
104. Ronald Hess was assigned a WMSSA MasterCard.
a. Hess's credit card statement for January 1999 confirms the following
charges on January 12, 1999:
Eugene's, Solon, Ohio: $ 50.34
Sunoco, New Springfield, Ohio: $ 15.30
Total $ 65.64
105. Hess submitted receipts to the WMSSA for the Ohio trip expenses as follows:
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a. Eugene's Date: 01/12/99
26260 Miles Road Time: 3:25 p.m.
Solon, OH Subtotal: $ 41.84
Tip: $ 8.50
Total $ 50.34
b. Sunoco
New Springfield, OH
Date: 01/12/99
Time: 6:50 p.m.
Total: $ 15.30
Total $ 65.64
106. Hess's credit card expenses for January 1999, including the Ohio expenses, were
approved by Cynthia Sullivan on March 4, 1999.
a. Payment was approved by the WMSSA board on March 4, 1999.
b. Check no. 7820 signed by Chonko and Trimbath was issued by the
WMSSA authorizing payment.
107. Neither Hess nor Vujnovich used vacation or personal time to transport Sullivan to
Cleveland.
a. Both Hess and Vujnovich used at least 3.5 hours of authority time to
transport Sullivan to Ohio.
108. The costs for a one (1) day rental of a sport utility vehicle similar to the one assigned
to Hess was $109.88.
a. This includes rental, taxes and mileage charges.
109. The cost to WMSSA for the transportation to Cleveland was as follows:
a. Employee Time:
R. Hess: $29.57 x 3.5 hours = $ 103.50
B. Vujnovich: $10.50 x 3.5 hours = $ 36.75
b. Vehicle Rental: $ 109.98
c. Gasoline: $ 15.30
d. Meals: $ 50.34
Total $ 315.87
110. Sullivan utilized WMSSA employees to install a steel door with a dog door cut -in at
her residence.
a. In or about the spring or early summer 1999 Sullivan discussed with Ronald
Hess her need to change a door at her residence from a wood door to a steel
door with a dog door cut -in.
b. Hess informed Sullivan that employee Gary O'Brien was a carpenter and
capable of doing the job.
Sullivan 00- 070 -C2
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c. Hess subsequently discussed the project with O'Brien who advised that he
would not have much time to do the job after work hours due to family
commitments.
d. Hess inquired several times and finally told O'Brien to do the job on authority
time.
1. Hess advised O'Brien that the replacement door had been delivered
to Sullivan's residence and needed to be installed.
111. O'Brien installed the door during his regular work shift, 7:00 a.m. to 3:00 p.m.
a. When O'Brien arrived at Sullivan's residence the steel door and dog door
had been delivered.
b. Sullivan was present for some of the time while O'Brien was working on the
installation and was aware of his working schedule for the authority.
c. The installation took O'Brien at least six (6) hours to finish.
d. O'Brien was paid $13.44 /hour in 1999 for a total of $80.64.
112. The total costs to WMSSA for work performed by authority employees for Sullivan
was as follows:
a. Hot Tub: $ 309.98
b. Garage Door Repair, Parts and Labor: $ 57.24
c. Paint: $ 89.40
d. Frick labor for dog medication: $ 643.40
e. Hess - Vujnovich labor and expenses for Ohio trip: $ 315.87
f. Dog door /steel door installation: $ 80.64
g. Concrete slab: $ 38.48
TOTAL $ 1,535.01
113. Cynthia Sullivan signed twelve (12) checks from WMSSA in payment for the
expenses noted herein or for the purchase of items used at her residence.
114. Cynthia Sullivan participated in votes of the WMSSA board approving payment for
her expenses noted herein and for materials used in her private residence on
seventeen (17) occasions.
115. Total costs to WMSSA for expense reimbursement, per diem expenses in excess of
expenses incurred and expense reimbursement not related to conferences or
authority business and for work prepared by authority employees for Sullivan was as
follows:
a. Expenses: $ 2,383.01
b. Use of Employees and parts: $ 1,535.01
Sullivan 00- 070 -C2
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Total $ 3,918.02
116. Sullivan served on the WMSSA until October 23, 2000.
a. Sullivan did not file a Statement of Financial Interests with the West Mifflin
Borough or the authority by May 1, 2001, for the year after leaving her
position with the authority.
III. DISCUSSION:
Respondent Cynthia Sullivan (also referred to herein as "Respondent" or "Sullivan ")
was at all times relevant to these proceedings a public official subject to the Public Official
and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et se ., as
codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 1 , 65
Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act."
The allegations are that Sullivan, in her capacity as a Member of the West Mifflin
Sanitary Sewer Municipal Authority, violated Sections 3(a)/1103(a ) and 4(a)/1104(a) of the
Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 1104(a), when she participated in
discussions and actions resulting in the use of Authority personnel and Authority materials
and equipment for use on her personal property; when items of a personal nature were
charged to Authority accounts; when she submitted, approved and was reimbursed for
expenses unrelated to Authority business; when she participated in the process, including
voting to approve and signing checks to approve expenses of a personal nature; and when
she failed to file a Statement of Financial Interests for the 2000 calendar year by May 1,
2001, the year after leaving public office.
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. Section
3(a)/1103(a) of the Ethics Act provides:
§ 311103. Restricted activities
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 P.S. § 403(a)/65 Pa.C.S. §1103(a).
The following terms pertaining to conflicts of interest are defined in the Ethics Act as
follows:
§211102. Definitions
"Conflict" or "conflict of interest." Use by a ublic
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. The term 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
Sullivan 00- 070 -C2
Page 24
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.
"Authority of office or employment." The actual
power provided by law, the exercise of which is necessary to
the performance of duties and responsibilities unique to a
particular public office or position of public employment.
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.
Section 4(a)/1104(a) of the Ethics Act provides that each public official /public
employee must file a Statement of Financial Interests for the preceding calendar year, each
year that he holds the position and the year after he leaves it.
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 stipulated by the parties.
Respondent Sullivan served on the Board of Directors of the West Mifflin Sanitary
Sewer Municipal Authority (WMSSA) from May 7, 1996, until October 23, 2000. In
addition to serving as a Member of the Board, Sullivan served as Board Chairman from
December 1997 through 1999 and as Assistant Secretary /Assistant Treasurer in 2000.
The parties have stipulated that Sullivan submitted and /or approved and received
reimbursements and payments from the Authority for expenses which were in excess of
actual authorized expenses or which were not related to the business of the Authority, as
set forth below.
The following facts relate to Sullivan's claimed expenses for conferences and
meetings.
Per the Stipulation of Findings, members of the WMSSA, including Sullivan,
regularly attended conferences and conventions related to sewer operations. The WMSSA
paid the members' expenses related to such conferences. Some expenses were pre -paid
by the Authority, and members received per diems to cover expenses such as meals,
parking and tolls which were not already included with any prepayments made by the
Authority. The Authority had no written policy regarding itemization or limitations of
expense reimbursements. WMSSA Board members usually traveled to such an event one
day prior to the event. (Findings 11 -16; 34a).
The 1998 PMAA Conference
In 1998, Sullivan attended the Pennsylvania Municipal Authorities Association
(PMAA) Conference held at the Hershey Lodge and Convention Center in Hershey
Pennsylvania, from August 30, 1998, to September 2, 1998. The Stipulated Findings
establish that days before the conference began, Sullivan received a certain advance
payment in the amount of $220.80 for the conference (Finding 25).
At the conference, Sullivan incurred expenses for lodging, room service, meals,
lounge charges, and telephone charges, detailed at Finding 20, which were charged to a
Sullivan 00- 070 -C2
Page 25
WMSSA MasterCard and were paid directly by the WMSSA (Findings 20 -21). After the
conference, Sullivan also submitted a joint expense statement with another WMSSA
member, Roberta Chonko ( "Chonko ") (Finding 22), claiming more food and tip expenditures
for which Sullivan and Chonko were paid /reimbursed by the WMSSA. However, the
$220.80 advance payment which Sullivan had received was not applied to these expenses.
The parties have stipulated that Sullivan's disposition of the $220.80 advance payment
was never justified by any expense receipts (Finding 26).
The 1999 PMAA Conference
In 1999, Sullivan attended the PMAA's Annual Conference and Trade Show held at
the Adams Mark Hotel in Philadelphia, Pennsylvania, from August 29, 1999, through
September 1, 1999. The WMSSA pre -paid Sullivan's conference registration and airfare
as well as $54.00 in meal expenses. The WMSSA also provided to Sullivan an additional
$500.00 per diem for the convention, calculated at $100.00 per day for five (5) days.
Sullivan checked into the Adams Mark Hotel three days before the conference
began. During her stay, Sullivan charged in excess of $778.00 on her WMSSA
MasterCard for: room service, restaurant and lounge charges totaling $647.63; a gift shop
charge in the amount of $7.76; and telephone charges in the amount of $123.16. All of
these MasterCard charges were paid by the WMSSA. The Stipulated Findings establish
that Sullivan was present at the meeting when these charges were paid and that she
participated in such payment as a Board Member.
Following the conference, Sullivan submitted an expense statement claiming
additional expenses in the total amount of $538.67. These expenses included meals and
taxi fares for the three days preceding the conference. Sullivan failed to submit any proof
that the expenses claimed for August 26 -27, 1999, were related to her official duties or to
the convention. Nevertheless, Sullivan applied the $500 per diem to the expense
statement and requested and received the extra $38.67 from the WMSSA.
The parties have stipulated that Sullivan failed to submit sufficient proof that
$998.18 of her claimed expenses for this trip were related to the conference (Finding 41).
The 1999 PMAA Spring Dinner meeting
Sullivan attended the 1999 PMAA Spring Dinner meeting held in Seven Springs on
May 1, 1999. All of Sullivan's expenses were paid by the Authority, either by check or
through charges to an Authority credit card (Findings 66 -68). Nevertheless, Sullivan
collected a per diem in the total amount of $100.00.
The 1999 ALOM Fall Conference of Townships and Boroughs
Sullivan attended the Allegheny League of Municipalities (ALOM) Fall Conference
of Townships and Boroughs held at Seven Springs Resort from September 23, 1999, until
September 26, 1999. Expenses for attending the conference were paid by the WMSSA.
All meals and lodging were prepaid by the Authority, as set forth in Finding 74. No
additional expenses were claimed by Sullivan. Nevertheless, Sullivan claimed and received
a per diem in the total amount of $100.00. Sullivan signed checks approving payments for
the conference, including her per diem.
Claimed expenses for PMAA Nominating Committee meetings
In 1999, Sullivan was selected to serve as Assistant Director of Region 10 of the
PMAA. No meetings or dinners were ever held with Sullivan regarding the appointment.
Sullivan 00- 070 -C2
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Any discussions with Sullivan occurred telephonically.
Nevertheless, in 1999, Sullivan claimed and was paid by the WMSSA for mileage
and meal expenses totaling $315.24 in relation to PMAA Nominating Committee meetings
regarding her selection as Assistant Director. Sullivan submitted to the WMSSA a generic
guest receipt for a claimed lunch meeting (Finding 49) as well as a detailed expense
statement listing dates, locations, and mileage for meetings which never occurred
(Findings 51 -53). In fact, no such expenses were incurred (Findings 48 -53).
The following facts relate to Sullivan's claims for other unsupported meal and
mileage expenses.
On or about July 10, 1999, Sullivan submitted to the Authority a generic receipt in
the amount of $50.39 along with an expense statement stating the purpose was a lunch
meeting with Ira Weiss, the Authority Solicitor, to discuss personnel issues. The expense
statement contains the signature of Cynthia Sullivan in the approved box as the approving
officer. The WMSSA issued a check in the amount of $50.39 to Sullivan as
reimbursement for the luncheon expenses. However, Ira Weiss confirmed that no such
luncheon meeting with Cynthia Sullivan occurred.
On May 3, 1999, August 7, 1999, and August 12, 1999, Sullivan charged meals
totaling $102.09 to Authority credit cards for which no support was provided (Findings 60-
64).
On or about August 16, 1999, Sullivan submitted for reimbursement receipts totaling
$177.11 dated August 7, 1999, August 13, 1999, and August 14, 1999, claiming the
expenses were related to "personnel issues, August discussions." The receipts submitted
by Sullivan were generic receipts that did not identif a restaurant or place of service.
Sullivan was one of the two individuals who signed the JVMSSA check authorizing payment
to Sullivan for these claimed expenses.
Sullivan also claimed and received from the WMSSA $38.65 for "Philadelphia
mileage." However, the parties have stipulated that Sullivan incurred no personal mileage
expenses in relation to Authority business in Philadelphia which would have required
reimbursement. (Finding 54).
The following facts relate to Sullivan's claims for unsupported board member
dues.
On or about August 19, 1999, Sullivan as WMSSA Chairman directed Donna
Shoenair, an employee of the WMSSA, to prepare a check in the amount of $250.00 for
board members dues. On August 19, 1999, Shoenair issued a WMSSA check in the
amount of $250.00 payable to Cynthia Sullivan. The memo portion of the check indicated
"Board of Directors." The check was signed by Cynthia Sullivan and Chonko. The check
was deposited into a PNC Bank account over which Sullivan has signature authority. The
parties have stipulated that Sullivan failed to submit sufficient proof that the proceeds of this
check were for any WMSSA related expenditures.
In addition to the above stipulated facts regarding Sullivan's claims for excess or
unrelated expenses, the parties have stipulated that Sullivan used Authority employees to
perform personal services.
The following facts relate to Sullivan's use of Authority employees to perform personal
services.
January-May 1999: pet services
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From January through May 1999, Sullivan used Authority employees to provide
personal services related to her pet Irish Setter. These services consisted of: (1)
transporting Sullivan to the Cleveland Veterinary Referral Clinic in an Authority vehicle with
Authority employees at Authority expense to pick up Sullivan's dog; and (2) administering
daily medication to the dog on Authority time using Authority vehicles for transportation to
and from Sullivan's home.
With regard to transporting Sullivan to the veterinary clinic, the stipulated facts are
that Sullivan requested that Hess transport her to the clinic to pick up the dog using the
Authority's sport utility vehicle assigned to Hess. On or about January 12, 1999, Hess,
Sullivan and Beverly Vujnovich, a secretary for the WMSSA, transported Sullivan in the
Authority vehicle to the clinic in Cleveland, Ohio, to pick up Sullivan's dog. Both Hess and
Vujnovich were on Authority time when the transport occurred. In addition to using the
authority vehicle, gasoline and meal expenses for the trip were charged to an Authority
credit card. The credit card expenses for January 1999, including the Ohio expenses, were
approved by Sullivan on March 4, 1999. Payment was approved by the WMSSA board on
March 4, 1999. The total cost to the WMSSA for the transportation of Sullivan to
Cleveland to pick up her dog was $315.87 as detailed in Finding 109.
With regard to the administration of daily medication, Sullivan discussed with
Authority Manager Ronald Hess ( "Hess ") having Hess or some other Authority employee
go to Sullivan's home to give the medication to the dog. Commencing in or about January
1999, Hess administered the medication to Sullivan's dog on Authority time using an
Authority vehicle for the approximately three (3) mile round trip from the Authority office to
Sullivan's home. This occurred on a daily basis from Monday through Friday, and took at
least one half hour per day. Although the Stipulation of Findings indicates that Hess was
earning $29.57 per hour at this time, there is no indication of the total number of hours of
such personal services by Hess or the total cost to the Authority for Hess's administration
of medication to Sullivan's dog (Findings 96, 98, 100).
In or about February 1999, Hess directed Ken Frick, a subordinate WMSSA
employee, to take over the responsibility of providing medication to Sullivan's dog. Frick did
so using an Authority vehicle on a daily basis for at least a ten (10) week period between
February and May 1999. Frick also delivered a specimen to Sullivan's veterinarian.
The stipulated cost to the Authority for Frick's aforesaid care of Sullivan's dog
totaled $643.40, consisting of $48.00 for use of an Authority vehicle and $595.40 for
Frick's time (Finding 100).
June 1999: concrete slab work
In June 1999, two WMSSA employees were used to cut a concrete slab on
Sullivan's property. The employees were directed to do this work by Hess.
The WMSSA employees went to Sullivan's property, removed the slab and took it to
the WMSSA shop where it was cut with an Authority saw. The slab was then returned and
reinstalled on Sullivan's property. The aforesaid WMSSA employees did the work on
Authority time, using Authority equipment, and traveling to Sullivan's home in an Authority
vehicle. The project took at least one hour to complete. At that time, the combined hourly
rates of the two employees in question totaled $38.48 for one hour of work.
July - August 1999: concrete pad and hot tub work
In or about July 1999, Sullivan purchased a hot tub to be installed at the rear of her
residence. Prior to the delivery of the hot tub, Sullivan approached Authority foreman Dane
Bonacci ( "Bonacci ") about pouring a cement pad at the rear of her home so that the hot tub
Sullivan 00- 070 -C2
Page 28
could be installed. Bonacci agreed to mix the cement and pour the concrete pad for
approximately $200.00. Sullivan was to provide the material, including the concrete. The
work was to be performed by Bonacci after his regular working hours. Three other Authority
employees were to help Bonacci.
However, it was the WMSSA that provided the concrete, not Sullivan. Specifically,
the cement used for the concrete pad was picked up from Schink's Hardware and delivered
to Sullivan's property by WMSSA employees using an Authority vehicle during regular
Authority working hours, and the WMSSA was invoiced and paid $209.58 for the cement.
Sullivan was present and participated in the approval of the invoice for the cement. The
check that paid for the cement was signed by Sullivan. Sullivan states that she was
unaware that the cement was used at her residence.
In August 1999, Sullivan telephoned Authority Manager Hess and advised him that
the hot tub had been delivered to her residence. Hess then radioed Bonacci and directed
that he and other Authority employees report to Sullivan's property and move the hot tub.
Bonacci and five other WMSSA employees went to Sullivan's residence in Authority
vehicles, while on Authority time, and moved the hot tub for placement on the concrete pad.
The parties have stipulated that Sullivan knew or should have known that Hess was having
Authority employees move the hot tub. The parties have further stipulated that the total
cost to the WMSSA for the work on Sullivan's hot tub was $309.98, including labor and the
cost of the cement for the concrete pad (Finding 83).
August 1999: garage door repair
In August 1999, WMSSA employees repaired a garage door at Sullivan's residence.
Sullivan discussed with Authority Manager Hess problems she was having with the door.
Hess subsequently dispatched three WMSSA employees to Sullivan's residence to repair
the garage door. The repair took at least one hour to complete. The repairs were
completed during the employees' regular working hours for the Authority.
One of the WMSSA employees purchased two 70 pound springs totaling $23.78
from Schink's Hardware to be used in the repair of Sullivan's garage door. Sullivan did not
pay for the springs. The springs were charged to the WMSSA account. The Authority paid
for the springs as part of check no. 8629 signed by Sullivan and Chonko.
The total cost to the Authority for repairing Sullivan's garage door was $57.24,
consisting of $23.78 in parts and $33.46 in wages for the WMSSA employees who
performed the work.
August 1999: painting of home foundation
In August 1999, Bonacci and James Lawrence Moneck ( "Moneck "), another
Authority employee, painted the foundation of Sullivan's home using Authority paint.
Bonacci and Moneck began the job using paint from Authority supplies. Sullivan did not
like the paint color and directed Bonacci to go to Schink's Hardware and get paint of
another color. Bonacci obtained five (5) gallons of paint from Schink's Hardware at a total
cost of $89.40 and charged it to the Authority's account. Bonacci and Moneck completed
the painting project using the paint obtained from Schink's Hardware.
The Authority voted to approve payment of the invoice which included the paint
during its October 1999 meeting, with Sullivan participating in the vote. The payment for
the paint was made as part of Authority check no. 8629 signed by Sullivan and Chonko.
1999 Installation of a steel door with dog door cut -in
In or about the spring or early summer of 1999, Sullivan discussed with Authority
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Manager Hess changing a door at her residence from a wood door to a steel door with a
dog door cut -in. Hess informed Sullivan that Authority employee Gary O'Brien ( "O'Brien ")
was a carpenter capable of doing the job. Hess subsequently discussed the project with
O'Brien who advised that he would not have much time to do the job after work hours.
Hess inquired several times and finally told O'Brien to do the job on Authority time.
O'Brien installed the door during his regular Authority work shift. Sullivan was
present for some of the time while O'Brien was working on the installation and was aware of
his working schedule for the Authority. The installation took O'Brien at least six (6) hours to
finish. In 1999, O'Brien was paid $13.44 /hour by the Authority, resulting in a total of
$80.64 for this work.
Stipulated costs to the WMSSA.
Based upon all of the above, the parties have stipulated that Sullivan submitted
and /or approved and received reimbursements and payments in the total amount of
$2,383.01 for expenses which were in excess of actual authorized expenses or which were
not related to the business of the Authority (Finding 77). The parties have further stipulated
that the total costs to the WMSSA for work performed by Authority employees for Sullivan
was in the amount of $1,535.01, as detailed in Finding 112. Adding these two figures
together, the stipulated total cost to the WMSSA for expense reimbursement, per diem
expenses in excess of expenses incurred and expense reimbursement not related to
conferences or Authority business and for work prepared by Authority employees for
Sullivan was $3,918.02, as detailed in Finding 115.
Sullivan signed twelve (12) checks from the WMSSA in payment for the expenses
noted above or for the purchase of items used at her residence. Sullivan participated in
votes of the WMSSA Board approving payment for her expenses noted above and for
materials used in her private residence on seventeen (17) occasions.
The following facts relate to filing requirements for Statements of Financial
Interests.
Sullivan served on the WMSSA until October 23, 2000. Sullivan did not file a
Statement of Financial Interests with the West Mifflin Borough or the Authority by May 1,
2001, the year after leaving her position with the Authority.
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: (1) a violation of
Section 3(a)/1103(a) of the Ethics Act occurred when items of a personal nature were
charged to Authority accounts and when Sullivan submitted, approved and was reimbursed
for expenses unrelated to Authority business or in excess of the authorized amounts; (2) a
violation of Section 3(a)/1103(a) of the Ethics Act occurred when Sullivan, in her capacity
as a Member of the WMSSA, participated in discussions and actions resulting in the use of
Authority personnel and Authority materials and equipment for use on her personal
property; (3) a violation of Section 3(a)/1103(a) of the Ethics Act occurred when Sullivan
participated in the process, including voting to approve and signing checks to approve
expenses of a personal nature; and (4) a violation of Section 4(a)/1104(a) of the Ethics Act
occurred when Sullivan failed to file a Statement of Financial Interests for the 2000
calendar year by May 1, 2001, the year after leaving public office. Further, per the
Consent Agreement, Sullivan has agreed to make payment of $3,000.00 to the
Commonwealth of Pennsylvania through this Commission within 30 days of issuance of
the final adjudication in this case, in settlement of this matter. We shall consider the
parties' proposals seriatim.
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First, it is clear that a violation of Section 3(a)/1103(a) of the Ethics Act occurred
when items of a personal nature were charged to Authority accounts and when Sullivan
submitted, approved and was reimbursed for expenses unrelated to Authority business or in
excess of the authorized amounts. A public official /public employee may only receive that
which is authorized in law. Costenbader- Jacobson, Order 1236; Choura, Order 942.
There is nothing in law permitting Authority members to be reimbursed at public expense for
charges which are unauthorized and /or of a personal nature.
In this case, Sullivan repeatedly used the authority of her public office as a Member
of the WMSSA to submit, approve, and receive reimbursement for expenses which were in
excess of actual authorized expenses or which were not related to the business of the
Authority (Finding 77). But for the fact that she was a public official, Sullivan would not
have been in a position to exact these claimed expenses from the WMSSA. See, Baxter,
Order 985. The resulting private pecuniary benefit consisted of $2,383.01 of expense
payments /reimbursements to which Sullivan was not entitled. Each element of a violation
of Section 3(a)/1103(a) of the Ethics Act has been established.
This Commission has reviewed this type of self - dealing before, on numerous
occasions. See, e.q., Costenbader- Jacobson, supra; Farley, Order 1096; Baxter, supra;
Choura, supra; O'Leary, Order 913; Hill, Order 912; Mathis, Order 911. In some cases, the
submission of excess or unrelated expenses appears to have resulted from confusion (see,
e.q., Dinzeo, Order 947). However, in this case, it was deliberate.
The deliberate nature of Sullivan's conduct is most evident in Sullivan's submission
of an expense statement with fabricated mileage expenses for PMAA Nominating
Committee meetings that never occurred (Findings 51 -53). Sullivan went to great lengths
to contrive dates, locations, and mileage for these imaginary meetings.
On other occasions, Sullivan submitted unsupported or bogus claims for meal and
mileage expenses and so- called "board member dues." Sullivan used various
machinations, such as claiming per diems while charging her expenses to an Authority
credit card, in order to secure illicit financial gain. Sullivan's conduct was especially blatant
when, at the PMAA conference in 1999, she stayed two extra days to engage in personal
pursuits at Authority expense.
Another violation of Section 3(a)/1103(a) of the Ethics Act occurred when Sullivan,
in her capacity as a Member of the WMSSA, participated in discussions and actions
resulting in the use of Authority personnel and Authority materials and equipment at her
personal property. See, Caqno, Order 1204; Dovidio, Order 1202; Johnston, Order 1200;
Farley, su ra; Lucchino, Order 1031; Zanqrilli, Order 946; Brunton, Order 884; Rakowsky,
Orders 943 and 744. Sullivan used the employees and resources of the Authority as if
they were at her disposal. Apparently no job was too small for Sullivan to command the use
of the WMSSA workforce for her own private pecuniary benefit. For tasks such as the
administration of daily medication to her dog, the installation of a concrete pad for her hot
tub, a repair to her garage door, and numerous other instances delineated above, WMSSA
employees, vehicles, materials and /or equipment were used at public expense to perform
personal services for Sullivan. In several instances, materials were purchased specifically
for Sullivan's personal projects using the WMSSA's account at Schink's Hardware.
But for the fact that she was a Member of the WMSSA, Sullivan would not have
been in a position to use Authority personnel and Authority materials and equipment for her
personal projects. The resulting private pecuniary benefit received by Sullivan as to this
violation consisted of WMSSA employee time, materials, and equipment valued at
$1,535.01 (Finding 112).
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A further violation of Section 3(a)/1103(a) of the Ethics Act occurred when Sullivan
participated in the process to approve expenses of a personal nature, including voting to
approve and signing checks to approve such expenses. The parties have stipulated that
Sullivan participated in votes of the WMSSA Board approving payment for her expenses
noted above and for materials used in her private residence on seventeen (17) occasions
and signed twelve (12) checks from the WMSSA in payment for the expenses noted above
or for the purchase of items used at her residence. These actions constituted additional
uses of the authority of Sullivan's public office for her private pecuniary benefit.
By repeatedly submitting, approving, and receiving personal, excess, and unrelated
expenses, and by repeatedly using Authority personnel, materials, and equipment for her
personal projects, Sullivan deceived the WMSSA and the public and demonstrated that she
had no regard for the public trust.
Finally, the Stipulation of Findings reflects that Sullivan served on the WMSSA until
October 23, 2000, and that she did not file a Statement of Financial Interests with either the
West Mifflin Borough or the Authority by May 1, 2001, the year after leaving her position
with the Authority. Pursuant to Section 4(a)/1104(a) of the Ethics Act, a public
official /public employee must file a Statement of Financial Interests for the preceding
calendar year each year that he holds the position and the year after leaving it. Therefore,
a violation of Section 4(a)/1104(a) of the Ethics Act occurred when Sullivan failed to file a
Statement of Financial Interests for the 2000 calendar year by May 1, 2001, the year after
leaving public office. See, e.q., Costenbader- Jacobson, supra.
Based upon our review as reflected in the above analysis, the totality of the facts
and circumstances, and particularly the propitious fact that Respondent is no longer an
Authority Member, we accept the Consent Agreement submitted by the parties.
Accordingly, Sullivan is directed to make payment in the amount of $3,000 to the
Commonwealth of Pennsylvania through this Commission within 30 days of the date of
mailing of this Order. If she has not already done so, Sullivan is directed to file a Statement
of Financial Interests for calendar year 2000 with the WMSSA and to forward a copy
verifying the filing to this Commission within 30 days of the issuance (mailing) of this
adjudication and Order.
Compliance with the foregoing will 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. Cynthia Sullivan ( "Sullivan "), in her capacity as a Member of the West Mifflin
Sanitary Sewer Municipal Authority ( "WMSSA ") from May 7, 1996, until October
23, 2000, was a public official subject to the provisions of the Public Official and
Employee 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 hereinafter referred to as the "Ethics Act."
2. Sullivan violated Section 3(a)/1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when items of a personal nature were charged to Authority accounts and when
Sullivan submitted, approved and was reimbursed for expenses unrelated to
Authority business or in excess of the authorized amounts.
3. Sullivan violated Section 3(a)/1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when, in her capacity as a Member of the WMSSA, she participated in discussions
and actions resulting in the use of Authority personnel and Authority materials and
equipment for use on her personal property.
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4. Sullivan violated Section 3(a)/1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when she participated in the process including voting to approve and signing checks
to approve expenses of a personal nature.
5. Sullivan violated Section 4(a)/1104(a) of the Ethics Act when she failed to file a
Statement of Financial Interests for the 2000 calendar year by May 1, 2001, the
year after leaving public office.
In Re: Cynthia Sullivan
ORDER NO. 1245
File Docket: 00- 070 -C2
Date Decided: 9/4/02
Date Mailed: 9/25/02
1. Cynthia Sullivan ( "Sullivan "), a public official in her capacity as a Member of the
West Mifflin Sanitary Sewer Municipal Authority ( "WMSSA ") from May 7, 1996,
until October 23, 2000, violated Section 3(a)/1103(a) of the Ethics Act when items
of a personal nature were charged to Authority accounts and when Sullivan
submitted, approved and was reimbursed for expenses unrelated to Authority
business or in excess of the authorized amounts.
2. Sullivan violated Section 3(a)/1103(a) of the Ethics Act when, in her capacity as a
Member of the WMSSA, she participated in discussions and actions resulting in the
use of Authority personnel and Authority materials and equipment for use on her
personal property.
3. Sullivan violated Section 3(a)/1103(a) of the Ethics Act when she participated in the
process including voting to approve and signing checks to approve expenses of a
personal nature.
4. Sullivan violated Section 4(a)/1104(a) of the Ethics Act when she failed to file a
Statement of Financial Interests for the 2000 calendar year by May 1, 2001, the
year after leaving public office.
5. If she has not already done so, Sullivan is directed to file a Statement of Financial
Interests for calendar year 2000 with the WMSSA and to forward a copy verifying
the filing to this Commission within 30 days of the issuance (mailing) of this
adjudication and Order.
6. Per the Consent Agreement of the parties, Sullivan is directed to make payment in
the amount of $3,000 to the Commonwealth of Pennsylvania through this
Commission within 30 days of the mailing of this Order.
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,
LOUIS W. FRYMAN, CHAIR