HomeMy WebLinkAbout889 BartorilloSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Samuel Bartorillo File Docket: 92- O21-C2
. Date Decided: June - 2e, 1993
. Date Mailed: June 30, 1993
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
Joseph W. Marshall, III
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, Act 9 of 1989, 65 P.S.
54 et sea.. 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 not filed and a hearing was deemed waived. 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
§21.29(b).
The files in this case will remain confidential in accordance
with Act 9 of 1989, 65 P.S. §408(h) during the fifteen day period
and no one unless the right to challenge 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, P.S. 5409(e).
Bartorillq, 92- 021 -C2
Page 2
I. ALLEGATION:
That Samuel Bartorillo, violated the following seetiens of the
Public Officials and Employees Ethics Law taut 9 d€ 1989), when he
used his position as Council Chairman td appfove paymeint& to his
company, Sam's Auto Parts, without approval df coiinci 1 and
subsequently signed checks for payment; and s3hen he failed to file
a Statement. of Financial Interests for the 1990 calendarr year.
Section_ 3. Restricted Activities
(a) No public official or publie
employee shall engage in conduct that
constitutes a conflict of interest.
65 P.S. 5403(a).
Section 4. . Staaem #lt sf. financial interests
required to be filed
(a) Each public offidial of the
Commonwealth shall file a statement of
financial interests for the pprededing calendar
year with the commission no later than May 1
of each year that he holds such a position and
of the year after he leaves such a position.
Each public employee and public official of
the Commonwealth shall file a statement of
financial interests for the preceding calendar
year with the department, rt: ment, agency, body or
bureau in which he is employed ar to which he
is appointed or elected no latef than May 1. of
each year that he hclds a position and of
the year after he leaves-such a position. Any
other public employee or pUblit efficial shall
file a statement of financial interests with
the governing author =ity of the political
subdivision by which he is employed of within
which he is appointed or elected~ no late€ than
May 1 of each year that he h51ds sudh a
position and of the year after he leaves such
a position, . Perscins= whe are fiii] = We 64
part-- tJLme: s4ILCitEa'r folf p6li t eal
subdivisions are reouited to file under' this
section.
65 P.S. 5404(a 1.
II. FINDINGS:
1. Samuel. Bartorillo has served as a CoVAcilman for ] uterne
Bartorillo, 92- 021 -C2
Page 3
Borough, Luzerne County from 1986 to the present.
a. Bartorillo served as Council Chairman from 1988 through
1991.
b. He also served on the borough's Police Committee during
1986 and 198T.
2. Bartorillo owns and operates Sam's Auto Parts, 271 Kelly
Street, Luzerne, PA.
a. He has been sole owner of this business since 1976.
b. This business has provided automotive parts and supplies
to the general public since 1976.
3. Sam's Auto Parts sold automotive parts and supplies to the
borough since the late 1970's.
a. No written contract was negotiated between the borough
and Sam's Auto Parts with regard to purchasing automotive
parts and supplies.
4. The Borough has traditionally purchased supplies from local
businesses when all factors were equal.
5. The borough police chief and the borough road foreman were
authorized by council to make purchases of auto parts and
related supplies.
a. This included purchases from Sam's Auto Parts in 1986
through 1991.
b. The police chief and /or the streets department foreman
would take a requisition to Sam's Auto Parts.
c. Parts would be supplied by Sam's..
d. Bartorillo was to then subsequently invoice the borough.
6. All purchases made by the borough and invoices received were
to be processed for payment by the borough secretary.
a. The borough secretary would compile: all bills received
during the course of a month and prepare a bill listing
to be presented for approval by borough council at the
next regularly scheduled council meeting.
b. The Borough Secretary would read the bill listings at the
meetings.
Bartorillo 92- 021 -C2
Page 4
c. Bill listings would then be approved by a majority vote
of council at regularly Scheduled meetings.
d. No payments of ihveices or bills were t8 be done without
borough council approtral
7. The Borough of Lucerne requires that all ehecics issued for
payments of bilis cdht the sigrlateii~ds of the borough
council chairman, borfdligb treasurer, and borough secretary
a. Samuel Bartorillo served as Council Chairman from i88
thrbu4h 1991.
b. Me signed all borough checks during thfit wI &I as
eduncil chairman, including duck§ i §su d tv Sam's Auto
Parts.
8. Since assuming a council position in 1988; B$tbrifi6's
dofftpany, Sam' Auto Parts has sold auto supp .ies to hilierne
borsligh .
9. At the council meetings held on February 11, 1986; ia± h 4,
19$6; April 1, 1986 and May6, 1986, Bartorillo is recore ea it
voting no to pay his bill (Sam's Auto Parts).
10. At the council meetings held as follows bill listings,
including invoiees from! Sam's Auto Farts, were unanimouhiy
approved for`- payment:
a. January 7, 1986
b: June 3, 1986
c. July 1; 1986
d. Afzgu §t 5, 1986
e. September 2, 1986
f. October 7, 1986
g..
NoVe r 9; 1
h r
Detd@mgef , r86
i . Betf€o iilo gs' €ecorded as' attendifig those Meetings
11. Liizerne Borough- &tat ir'a 'ments as failews to Sam' s Auto Part in
1986,
Check go. F)St Amount
Bartorillo 92- 021 -C2
Page 5
1489 01/23/86 $ 7.69 =
1498 01/23/86 45.00
1539 03/10/86 20.60
154 03/10/86 11.00
1584 03/20/86 72.00
1650 05/16/86 44.00
1712 07/17/86 13.75
1769 08/21/86 18.05
1817 09/18/86 35.99
1868 10/23/86 67.00
1909 11/21/86 15.50
1925 11/21/86 21.60
1963 12/19/86 6.64
TOTAL $ 378.82
12. Iii council took action at council meetings as follows to
approve bill listings, including invoices from Sam's Auto
Parts.
January 6, 1987, A motion by Councilman Lapallo, seconded by
Councilman Fronczkiewicz to pay the bills. All council
members voted yes. The motion carried.
February 3, 1987. A motion by Councilman Bartorillo and a
second from Councilman Fronczkiewicz to pay the. bills. All
council members voted that the bills should be paid with the
exception of a bill from Mr. Brdaric. Motion carried.
March 3, 1987. A motion by Councilman Martino and a second
from Councilman Kovalick to pay the bill$. Ai role call vote
was taken with all voting yes. Motion. carried.
1
April 3, 1987. A motion by Councilman Kovalick, seconded by
Councilman Martino to pay the bills with the exception of a
bill from Chesterfield Chemical. All council members voted
yes and the motion carried.
May 5, 1987. A motion by Councilman Martino, seconded by
Councilman Fronczkiewicz to pay the bills. All council.
members voted yes.
June 2, 1987. A motion by Councilman Fronczkiewicz to pay all
the bills.
Minutes for June, 1987, do not reflect any disagreements among
council members in paying the bills, but there was no mention
of a second to the motion or that the motion was passed.
July 15, 1987. A motion was made by. Councilman Kovalick
seconded by Councilman Fronczkiewicz to pay the bills. All
council members voted yes.
Bartori 1LO .92 - 021 -C2
Page 4
t 4, 11$7. A. motion was made 'by Counci1m h Rova•l .ck and
spa by 0 uncilman Lapallo to pay all bills. All voted
yes
September 1, 1987. A luo'ti'on was dtade by Councilma>t Martino
and seconded by Councilman Hardik to pay all the bills.
Note: Minutes do not reflect any disagreement among council
members about paying any bilis but there was no mention of the
council passing the motion as it stands.
October 6, 1987. A motion was made by Councilman Martino and
seconded by Counellitan Lapa110 to pay all bills. All council
members voted yes.
November 10, 1987. A motion was made by Councilman Hardik and
seconded by Councilman Bartori110 to pay all bills. All
members of council voted yes.
December 1, 1987. A Motion was made by Councilman Hardik and
seconded by Councilman Lapailo to pay all the bills. All
council members voted yes.
Councilman Ba'tcirillo is recorded as attending all of 1987
council meetings.
13. Luzern® Borough madam payfeiits as follows to Sam's Auto Parts
in 1987.
Check Nc. _ Date Airrount
1967 11/19/86 $ 24.00
2021 01/23/87 47:29'
2036 01/27/87 47.00
2074 01/19/81 11:74
208-4 02/i9 /87 18:00
2132 03/19/87 19'. 65
2266 05/21/87 3.•85
2246 06/18//7 6.25
2260 06/18/87 21.35
2311 07/11/87 119.60
236 08/19/87 16.25
24re 09/09 9.79
2490' 10/10/87 10
2.62. 10/20/87 17.10'
a'524 11/19/87 1
TOTAI, $ 38'6.83-
14. In 1988,. when Bartoril -lo began- service as Chaiiiriali\ of Cdiirieii,
Luzern* Borough made payments to Sari's Auto' Farts as follows
which were not included as part of approved monthly bill
listings and were not approved by a vote of borough council.
Bartorillo, 92- 021 -C2
Page 7
Check No. Date Amount
2713 02/16/88 $ 21.85
2744 03/15/88 48.00
2798 03/21/88 19.30
2923 06/16/88 13.50
2924 06/16/88 16.75
2961 07/18/88 253.39
3026 08/11/88 36.15
3079 09/15/887 167.55
3120 10/14/88 47.80
TOTAL $ 624.29
These checks contained the signature of Samuel Bartorillo as
council chairman.
15. Luzerne Borough made payments to Sam's Auto Parts in 1988
which were approved by a vote of Council.
Check No. Date Amount
2813 04/14/88. $ 16.69
2874 05/12/88 55.50
2928 06/16/88 51.44
2977 07/18/88 20.75
2980 07/18/88 15.60
3076 09/15/88 5.50
3124 10/14/88 37.00
3131 10/14/887 161.20
3179 11/03/88 255.30
3230 12/07/88 52.85
TOTAL $ 671.83
These checks contained the signature of Samuel Bartotillo as
council, chairman.
16. Minutes of borough council confirm the following actions to
pay bills in 1988:
January 5, 1988. A motion was made by Councilman
Fronczkiewicz and seconded by Councilman Kobalick to pay all
bills. All council members voted yes and the motion was
carried.
February 2, 1988. A motion was made by Councilman Reino and
seconded by c ounc iman Fronczk'iewicz to pay all halls. All
council' members voted yes and the motion carried.
March 2, 1988. A, motion was made by Councilman Fronczkiewicz
and, seconded by Councilman Reino'to pay all bii1S All voted
yes and the motion was carried.
April 5, 1988. A motion was made by Councilman Martino and
Bartorillo 92 -C2
Page 8
seconded by Councilman Fronczkiewicz to pay all bill's. All
council members voted yes.
May 3, 1988. A motion was made by Councilinah °Martino and
seconded by Councilman Fronczkiewicz to pay all bills. A role
call vote was taken with regard to a separate matter. The
motion to pay all bills was carried.
June 7, 1988. A motion was made by Councilman Reiho and
seconded by Councilman Shank to pay all bills. kil members of
council voted in favor of paying the bills and the motion
carried.
July 5, 1988. A motion was made by Councilman Reino and
seconded by Councilman Fronczkiewicz to pay all bills. All
members of council voted in favor of paying the bills and the
motion carried.
August 2, 1988. A motion was made by Councilman Reino and
seconded by Councilman Kovalick to pay all bills with the
exception of a bill from Roto Rooter. A motion was carried
and the bills were paid.
September 6, 1988. A motion was made by Coundilman
Fronczkiewicz and seconded by Councilman Martino to pay all
bills. All members of council voted in favor of paying the
bills and the motion carried.
October 4, 1988. A motion was made by Councilman Shon2 and
seconded by Councilman Kovalick to pay all bills. All members
of council voted in favor of this motion and the motion
carried.
November 1, 1988. A motion was made by Councilman Martino and
seconded by Councilman Fronczkiewicz to pay all bills. All
members of council voted in favor of this motion and the
motion carried.
December 6, 1988. A motion was made by dOUriC lean
Fronczkiewicz and seconded by Councilman Shoink td, pay all the
bilis . All members of council rioted in favor of paying the
bills and the motion carried.
17. In 1989 Luzerne Borough made payments to" Sam's Auto parts
without the approval of borough council. T biliS were riot
approved at any of the meetings outlined in finding h .- 16.
Check No. Date__ Amouii't
3398 03110/89 S° 69.00
3697 08/16/89' 93.65
3752 09/06/8 25$.99
Bartorillo, 92- 021 -C2
Page 9
3807 08/04/89 97.90
3893 11/15/89 107.44
3894 11/15/89 106.50
3930 12/06/89 90.00
TOTAL $ 823.48
These checks contained the signature of Samuel Bartorillo as
council chairman.
18. Payments were also made to Sam's Auto Parts in 1989 by Luzerne
Borough which were approved by vote of council at council
meetings.
Check No. Date Amount
3287 01/09/89 $ 142.50
3294 01/09/89 83.50
3341 02/13/89 107.18
3352 02/13/89 69.39
3353 12/13/89 32.74
3394 03/10/89 160.95
3397 03/10/89 97.00
3398 03/10/89 69.00
3431 03/10/89 69.95
3459 04/07/89 15
3514 05/08/89 49.24
3522 05/08/89 115.40
3554 05/29/89 106.00
3580 06/08/89 171.50
3589 06/08/89 115.00
3622 07/13/89 86.00
3635 07/13/89 $ 1,634
These checks contained the signature of Samuel Bartorillo as
council chairman.
19. Minutes of borough council confirm that bill listings were
approved at council meetings in 1989. Bartorillo was present
at these meetings.
January 3, 1989. A motion was made by Councilman Shonk and
seconded by Councilman Kovalick to pay all the bills. All
members of council voted in favor of said bills. The motion
carried and the bills to be paid were listed.
February 7, 1989. A motion was made by Councilman
Fronczkiewicz and seconded by Councilman Shonk to pay all the
bills. All members of council voted in favor of this motion.
March 7, 1989. A motion was made by Councilman Fronczkiewicz
and seconded by Councilman Kovalick to pay all the bills. All
members of council voted in .favor -of this motion and the
Zartotillo, 92-021-C2
Page 10
motion carried.
Aril 4, 1989. A motian was made by Councilman Shonk and
secohded by Couhtilmad Frbnczkiewicz to pay all the bills.
All itheMbets Ot toWil voted in favor of this motion and the
petit& catried.
May 1, 1589. A motion was made by CouncilMah PronCzkiewicz
and seconded by Councilman Kovalick to pay all bills incurred
fdf-the month of AL5ril. A role call vote as taken with all
rileWeek-of council voting to pay the billS.
June 6f 1989. A Motion was made by Councilman Martino and
seconded by Councilman Fronczkiewicz to pay all the bilis. A
motion to pay these bills was seconded by Councilman Shonk.
All members of council voted in the affirmatiire and the motion
carried4
July 11, 1989. A motion WAS made by
and Seconded by councilman Shonk to
metiers of council voted in favor
Maition carried.
Aialliet. 1, 1989. A motion wa'S Made by
and seconded by councilman Shonk to
Arteffibers of council voted iti favor
ffitytin carried.
Councilman Fronczkiewicz
pay all the bills. , All
of this motion and the
Councilman Fronczkiewict
pay all the bills. All
of this Motion and the
fn August 1989, the for Borough Secretary was replaced _by
Claudia White subse4uent1k, none of the remaining bills frot
Sam's Auto Parts for calendar year 1989 are listed as being
approved in the council minutes.
September t, 1989. A motion to pay the bilis was made by
Councilman Shonk and seconded by Councilman Fronczkiewicz.
All members of council voted in favor of this motion and the
motion carried.
October 3, 1989. A motion to pay the bilis was made by
. .
Councilman Fronczkiewicz thid seconded by Councilman Shonk.'
All meMbers' of council voted in favor of this motion and the
motion carried.
November 14, 1989.. .Amotion to pay all the bills Was made bi
CounCilman Fronczkiewicz and seconded- by Councilman Sholik.
All members of council voted in favor of this motion and the
motion was carried.
December 5, 1989. A motion to pay all the IpTillS wae'maderby
aouncilman Fronczkiewicz and seconded liy Shot*.
All members of council voted in faliOi'Of this mo and the
Bartorillo, 92- 021 -
Page 11
20. From 1990 through 1991 none of Sam's Auto Parts invoices were
approved for payment by Luzerne Borough Council.
21. Payments were made by Luzerne Borough Council to Sam's Auto
Parts in 1990 without council approval as listed:
Check No. Date Amount
3966 01/03/90 $ 124.55
4029 02/07/90 92.00
4032 02/07/90 108.81
4162 03/07/90 101.00
4103 03/07/90 85.75
4138 04/04/90 47.00
4139 04/04/90 124.00
4205 05/02/90 99.00
4206 05/02/90 206.75
4240 06/11/90 127.70
4241 06/11/90 61.00
4309 07/09/90 54.00
4310 07/09/90 97.00
' ` , 4323 08/08/90 143.00
''t _ 4324 08/08/90 122.00
4396 09/14/90 86.00
a °L9 - 1 10/05/90 75.00
_r' I rt -;‘;'; :4474 10/18/90 65.01
4475 10/18/90 87.00
4498 11/15/90 89.00
4499 11/15/90 147.00
4554 12/07/90 188.56
4555 12/07/90 73.00
4556 12/07/90 96:69
TOTAL $ ,2..500.82
These checks contain the signature of Samuel Bartorillo as
council president.
22. The following payments were paid from borough funds to Sam's
Auto Parts during 1991 without council approval. -4
motion carried.
Check No. Date Amount
4591 01/14/91 $ 132.24
4592 01/14/91- 47.90
4615 G 188.56
4655 02/07/91 122.20
4654 02/07/91 48.00
4683 03/07/91 '228.00
4684 03/07/91 38:00
4717 03/07/91 60.00 *
4744 04/04/91 .. 20•.54
BartDrillo, 92- 021 -C2
Page 1.2
4'745 04/04/91 70.00
701 04/30/91 94.79
4756 05/17/91 132:00
4788 05/17/91 27.80
4787 05/1'x191 159 00
48 06/26/91 99.00
48n 06/26/91 141.00
4814 07/12/91 104.75
4875 07/12/91 60.50
4901 08/06/91 97.25
4900 08/06/91 115.25
4985 09/13/91 78.21
5033 10/10192 232.92
5105 11/18/91 146.7
TOTAL $ 2,444.70
* This ixWoice was for the purchase of 12 baseball caps from
Calmer Specialties with "SAM'S auto Parts" imprinted on theft'.
These,checka oentain the signature of Samuel Bartorillo as
council chairman.
23. The Sam's At Parts' invoices outlined in findings 14, 17, 21
and 22 were taken by Bartorillo to council meetings.
a. The iflvolces were placed on council table in folders for
either the Street Department or Police Department bills.
b. The bills were received too late t� be included in the
bill listing to be approved at the particular meetin .
c. The bills were not circulated among council members for
review and approval.
d. The bills were paid without council approval.
24. By invoice dated October 31, 1990; Calmar Specialties billed
Luzerne Borough for (12) winter baseball caps.
a. The imprint on the hats read "Sam's Auto Parts."
b. The total price billed was $60.00.
25. Minutes of the borough ooun+il meetings for February, March
and April of 1991 do not contain the bill front Calmar
Specialties as being appro'tdd for payment.
26. Payment to Calmar Specialties was made by Luzerne Borough
check #G4717 in an amount Of $60.00 and dated March 7, 1991.
a. The check contains the signatures of Saitt Bartorillo
Bartorillo, 92- 021 -C2
Page 13
(Council Chairman), Claudia White (secretary) and Ronald
Rahl (treasurer).
27. At the December 10, 1991, meeting of Luzerne Borough Council
Councilman Sherin questioned that for the past two years bills
from Sam's Auto Parts had not been presented on the table for
other council members to review and vote on.
a. Sherin noted that bills were not listed in the minutes.
28. Sherin also questioned Bartorillo regarding a bill from Calmar
Specialties.
a. The bill was for a dozen hats with the imprinting "Sam's
Auto Parts."
b. Payment was made by borough check dated. March 7, 1991, in
an amount of $60.00
c. Bartorillo stated that he gave the former secretary
$60.00 in cash for the bill.
1) Bartorillo purchased the hats through the borough
in order to obtain a better price.
d. Former secretary Claudia White confirmed Bartori
statement.
29. Samuel Bartorillo did not file a Statement of Financial
Interests with Luzerne Borough for the 1990 calendar year as
an incumbent public official.
III. DISCUSSION:
As Chairman and Member of Luzerne Borough Council, Samuel
Bartorillo, hereinafter Bartorillo, is a public official as that
term is defined under Act 9 of 1989. 65 P.S. §402. As such, his
conduct is subject to the provisions of the Ethics Law and the
restrictions therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989 provides, in part, as follows:
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
Bartorillo, 92- 021 -C2
Page 14
the effective date of this act if any elements
of the violation occurred prior thereto.
Since the occurrences in this case transpired after the
effective date of Act 9 (June 26, 1989), we must apply the
pr0v .s .one of Act 9 . to determine whether the Ethics. Act was
violated.
quder Section 3(a) of Act 9 of 1989 quoted above, a public
official /employee shall not engage in conduct that constitutes a
_conflict of interest.
The term "conflict of interest" is defined under Act 9 of 1989
- follows:
c.
65 P.S.._ 5402.
Section 2. Definitions
"Conf or "conflict of interest."
Use by a public official or public employee of
the authority of his office or .employment or
any confidential information received through
his holding public office or employment for
5
tI . p4" ,vatm peguniary benefit of. himself, a
me ii#ier of `h is,, immediate family or a business
with which he or a member of his immediate
family, 3. associated. "Conflict" or "conflict
of interest" does not include an action having
a de minimis economic impact or which affects
tp thp a- class consisting of the
.go" ral ,public or .a subclass consisting of an
industry, occupation or other group which
includes the public official or public
employee, a member or his immediate family or
a business with which he or a member of his
immediate family is associated.
Section 4(a) of the Ethics. Law quoted above requires that each
public official /employee must file a Statement of Financial
Interests (FIS) for the preceding calendar year each year that he
holds` such position and for the year after he leaves such position.
The issues before us are whether Bartorillo violated Section
3(a) of Act 9 of 1989 when he signed checks in payment to Sari's
Auto Parts, a business with which he is associated, without
approval of Council and when he failed to file a Financial
Interests Statement (FIS) for the 1990 calendar year.
Bartorillo has served as a Luzerne Borough Council Member from
1986 to the present and as Council Chairman from 1988 through 1991.
Bartorillo, 92- 021 -C2
Page 15
In a private capacity, Bartorillo owns and operates Sam's Auto
Parts, an automotive parts and supplies business.
Although there was no written contract between the Borough and
Sam's Auto Parts as to purchases, such sales have been made since
the late 1970's. The practice of the Borough is to purchase
supplies from local businesses when all factors are equal.
Purchases of auto parts and related supplies are made by the
Borough Chief Police and Borough Road Foreman with the
authorization of Borough Council. All such purchases made by the
Borough are to be processed for payment by the Borough Secretary
who would prepare a bills list for approval by Borough Council at
its next regularly scheduled meeting. After the Borough Secretary
reads the bills list at a meeting, it will be voted by Council. No
payments of bills are to be made without Borough Council approval.
Further, all checks issued for the payment of bills are to contain
the signatures of the Borough Council Chairman, Borough Treasurer
and Borough Secretary.
When Bartorillo assumed Council position in 1986, his company
Sam's Auto Parts continued to sell auto supplies to Luzerne
Borough.
In reviewing the findings as to the payment of bills to'Sam's
Auto Parts, the record reflects diverse actions taken by Bartorillo
as to such payments. In particular, there were several Council
meetings were Bartorillo is recorded as voting NO to pay the bills
of Sam's Auto Parts. (Fact Finding 9). At other Council meetings,
when Bartorillo was in attendance, the minutes reflect a unanimous
vote for approval of invoices which included Sam's Auto Parts.
(Fact Finding 10).
Fact Findings 11 through 22 reflect the activity of paying
bills of Sam's Auto Parts for the period from 1986 through 1991.
During that time, the instances are outlined where bills were paid
to Sam's Auto Parts with Council approval as well as those
instances where Sam's Auto Parts was issued checks without the
approval of. Council based upon the signature Bartorillo as
Council Chairman. As to those instances - where the bills were paid
without Council approval, the record reflects that the invoices
were placed on the Council table in a folder but were received too
late to be included in the bills list for that particular meeting;
hence, the bills were not circulated among Council Members for
review and approval. (Fact Finding 23).
Finally, the record does reflect that Bartorillo did not file
an FIS with Luzerne Borough for the 1990 calendar year.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the above facts, we find aviolation of that section of the Ethics
Law. The record does reflect that there were ndmerous instances
Bartorillo, 92- 021 -C2
=Page 16
where Bartorillo co- signed ,checks to Sam's Auto Parts without
Council approval , There a, 'e. of course, other instances where the
bills-were submitted for " Council approval with Bartorillo voting in
""f avbi" -of .the payment ;of bills to Sam' s Auto Parts. Such actions
arerclearly uses of authority of. office. See, Julignte, Order No
809. Second, the uses, of e authority of office did result in a
private pecuniary benefit consisting of the payments made to Sam's
Auto Parts.' Lastly, the private pe benefit inured to
Bartorillo or to the business with which he is assortiated as that
term is defined:
"Business,,with which he is associated."
Any business` in which > the person or a member
of the person's immediate rfamily is la
director, officer, owner, employee or has la
financial interest.
65 P.S. §402. Since Bartorillo owns and operates Sam's Auto Parts,
it is clearly a business with which he is associated. We therefore
find a violation of Section 3(a) of Act 9 of 1989. See, Podluckv,
Order 874.
We are particularly dismayed at the continuous and e*ctended
pattern of conduct l by B from 1988 through 1991 wherein he,
with an obvious ,clearintent, .brought Sam's _Auto Parts bid too
late to Council so' as to cgnceal,his business ac followed by
the= issuance - of { _Borough ,checks which were not .approved by Csizncil
but nevertheless issued in payment based .,upon ;Bartorillo's =-
signature.
In our view, this is a proper care for the limposition of
restitution based upon Bartoril 1p's conduct. However, since the
record is based upon an WiAna,wered complaint which does not provide
sufficient Factual infoXinaton to determine the :amount of
restitution, cannot Tnakg Such a determination and consequently
cannot impose restitutipri
Bartorillo is reminded that public office is a public trust
and that in the future he insist a"bstin from utters involving Sam's
Auto Parts given that he has a conflict as to that business which
he owns and Because of that conflict, he must also
observe the disclosure requirements of Section 3(j) of the Ethics
Law.
As to the. F1S allegation, the findings reflect that Bartorillo
did not file his ' ris for the, 1990 calendar year as required by
Section 4(a) of Act 9 of 1989. On that basis, we find a violation
of that provision of law: Bartorillo is directed within thirty
(30) days of issuance of this Order .. to file. an F]S, for the 1990
calendar year Failure to comply with the foregoing will result in
a directive of this Commission to institute an order enforcement
Bartorillo, 92- 021 -C2
Page 17
action.
IV. CONCLUSIONS OF LAW;,
1. Samuel Bartorillo, as a Luzerne Borough Council Member, is a
public official subject to the provisions of Act 9 of 1989.
2. Bartorillo violated Section 3(a) of Act 9 of 1989 when he used
the authority of office when he caused Borough checks to be
issued in payment for services to Sam's Auto Parts, a business
with which he is associated.
3. Bartorillo violated Section of Act 9 of 1989 when he failed
to file a Financial Interests. Statement for the calendar year
1990.
Restitution is warranted but there is not sutt .c, ,tactual
information to make such a determination..
In Re: Samuel Bartorillo
ORDER NO. 889
File Docket: 92- 021-02
Date Decided: June 28, 1993
Date Mailed: June 30, 1993
1. Samuel Bartorillo, as a Luzerne Borough Council Manlier,
violated Section 3(a) of Act 9 of 1989 when he used the
authority-of office when he caused Borough checks to be issued
in patent for services to Sam's Auto Parts, a business with
which he is associated.
2. Ba,rtorillo violated Section 4 of Act 9 of 1989 when he failed
to file a Financial Interests Statement for the calendar year
1990.
3. Bartorillo is directed to file a Statement of Financial
Interests for calendar year 1990 within thirty (30) days of
issuance of this Order.
4. Failure to comply with Paragraph 3 will result in a directive
of this Commission to institute an order enforcement action.
BY THE COMMISSION,
JAMES M. HOWL