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HomeMy WebLinkAbout800 Freind (2)In re: Stephen Freind STATIC ETHICS COMMISSION 308 FINANCE sUILDINQ HARRISBURG, PENNSYLVANIA 17120 : File Docket: 8$- 101 -Cy 90- 010 -C2 : Date Decided: V i _ AA9 : Date Mailed: Before: Helena G. Hughes, Chair Robert W. grown, Vice Chair Dennis C. Harrington James M. Howley Daneen E. Reese Roy W. Wilt Austin M. Lee ` The Statyf Ethics Con miss Qn ecejved complaiz;t ega44L1.ng,possible violations - di the State Ethics Law, Act No. 170 of ' and Act No 9 of 1989. Written notice, of the specific allegation(s) was served at the commencement of the investigatioi . A Findings Report was issued and served, upon completion . of the investigation, which constituted the Complaint by the Investigation Division. An Answer was filed and a hearing was held. The record is. complete. This adjudication of the Commission is hereby issued which.sets forth the individual Allegations, findings of Fact, Discussion, Conclusions of Law and Order. This adjudication is final and will be made available as a public document fifteen days after issuance. However, reconsideration may be requested whicl defer public release of this adjudicat 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 reconsideiat,ion should be granted in conformity with 51 Pa. Code 52.38. The files in this case will remain confidential in accordance with Section 8(a) of Act 170 of 1978 and _Section .8(h) of Act 9 of 1989 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, 65 P.S. 409(e). 1. Allegation: ADJUDICATION 1. That you, a member of the Pennsylvania House of Representatives, 166th District, violated the following provisions of the State Ethics Act, (Act 170 of 1978), when you used your District Office and attendant facilities, including but not limited to office space, telephone, utilities, ,supplies and postage, for the purpose of conducting your re election campaigns, and in aid of your private practice of law: Section 3. Restricted Activities. (a) No public official or public employee shall use his public office or any confidential :- information received through his holding piib]ir office to obtain financial gain other than compensation provided by law for himself, a member of his immediate family, or a business with which he is associated. 65 P.S. 5403 2. That you have violated the-following section(s) of the Public Officials and Employees Ethics Law (Act 9 of 1989) when you, a State Representative for the 166th Legislative District, used your District Office and attendant facilities, including but not limited to office space, telephone, utilities, supplies and postage for the purpose of conducting your 1990 re- election campaign: Section 3 Restricted _Activities, (a) No public official or public employee shell engage in any conduct that constitutes a conflict_Df interest. 65 P.S. 403 L4t III. Findinoois 1. You are a member of _ the Pennsylvania House of kepresen- tativea #or - tIe 166th Legislative District. a. You were first elected to this position on April 27, 1976. You :have served in this : position since May 10, 1976. 2. - 'Y'ou have Maintained a District Office for the 166th Legislati've istrict at 2 Brookline_ Boulevard, Havertown, Pennsylvvani&,'since June or July of 1976. 3. You are an attorney licezt'seti -4o practice law in the Commonwealth of PA. ' N. #tepheu :Freind j'age 4. YQU al law partnership with J. Michael Willlann in early to . . 1 m41 *97 a. (1) For A two montth .peri tthe location of your offic,e th Prictalluae lituaircazrd, your former sampaispi headquarters at !9:041 Tiasty !Rued, Havertown was used coffaloe tar sthiciti no reiun was -rrikqusted. b -In : early to A144 1.011 raj xlad taw les, office to 2 Prookij-ma P91- feltvg Renussylvanie. .''. law PertnerA awgililgod At that location until the early 1980's when the pragtkce Nrao effectively terminated, since you were .at 2 Brookline Boulevard and Mr. Willmann remained for the most part in his Center City Philadelphia home. d. The law partnership wai formally terminated in 1988. e. J. Michael Willmann never had a desk for his use at 2 Brookline Boulevard. He did most of his legal work from an office in his home in Philadelphia. c . -The spartherekida maintained an office in the P.S.F.S. Buj-Ading,, n leIe1plua, Irosi early to mid 19 - .until early to ,mid 5 ' The District Office and the: l'affice- are ,located in the Same two rooms on the second floor of 2 'Brookline Boulevard. a One room is used by your Legislative .Assistant/Legal Secretary and a part:-time - ff Fir b. . The_ second room is used for your office. 6 The property at 2 Brookline Boulevard .id located- on the corner of Darby Road and Brookline Boulevard. a. A deed recorded in the Delaware County- Court Rouse, in book 2296, pa.ges 408,409;410 and 411, indicate& the property at 2 Brookline Boulevard was acquired by James L Morrison on February 2, 3.08 b,. The tax records indicate the property is now owned by Nancy Morrison of 226 Wesley Avenue, Ocean City, N.J. and 636 Kilburn Road„ Wilmington, Delaware. Mr Stephen' F. Freind' Page . 3 c. The• entrance to t ie second f& ,10 through a doorway on Darby Road. b. ' A sin on that door statep "State Representative Stephen Freind /Law offices Freind and Willmann ". There are 2 signs in the office windows facing Brookline Boulevard. One states "Law office John W. Willmann and Stephen Freind" and the other states "State Representative Stephen Freind's District Office". 7.. There is no lease on file for the property at 2 Brookline Boulevard, Havertown, Pennsylvania with the Comptroller's Office of the BiPartisan Committee, Room 130, Main Capital Building, Harrisburg PA. a. There is no appraisal on file at the Comptroller's office for the above property. 8. Records on file at the administrative offices of the Pennsylvania Supreme Court indicate Stephen J. Freind has his law of f ice . at 2 $ro lime BQulev,r Havertown, Pennsylvanian 9. The District . Qf fioe is refit it . TeltIF: p;4y14ents for the rent' are made , from the law f i % s check i ccount. " The rent for the list ist off ce was S40QQl!. 0, per month in 1987 .ond $a00, 0Q Pe , .mont 1 l ' in1988 -a }d 34897 _. . The affie o le rented f Nancy MQ 1 §9p?- c. 'MO thly : payxpents are niade 1j.weFtlY - -t9 A ker by You. d. You ' th.n , §e toJ rei urg for # : l ge ' igrtion of these . patents; ; f o , -t e : Po nnwe4 th air 10. The Bell Telephone OiWn9t9 fax flel ar0 ' Four , r M4 L fTie contains the following ep gate Ii i * -€Pr the in ep io4P number 789 -0300 at 2 . Brookline. PRIalevard, B tver :1; " a. fraind, Statpbon .arty" �. fr.fs4, §f-Lephia4 §t4te Reps c. J. Michael ataty Mr. Stephen F. Freind Page 4 The number was fisted in the directory. under . thong -. names by Bell Telephone after contact with someone,from your office who was advised as to how the telephone was to be listed. 11. You submitted monthly legislative expense vouchers to Comptroller of the Bi- Partisan Management - Committee seeking reimbursement for various expenses including district office expenses of telephone and ' utilities,' `p rent, postage and supplies. 12. Following submission by you of legislative expense vouchers, you received monthly reimbursement from the Commonwealth for rent for your district office: AMOUNT 1987 REIMBURSED 1/5/87 $ 375.00 2/2/87 375.00 3/1/87 375.00 4/1/87 375.00 5/1/87 3 6/1/87 375.00 7/1/87 375.00 8/1/87 375.00 9/1/87 375.00 10/1/87 375.00 11/1/87 375.00 12/1/87 375.00 Total 1987 $4,500.00 AMOUNT 1988 REIMBURSED 1/1/88 2/2/88 3/1/88 4/1/8 5/1/88 6/1/88 7/1/8$,5 10 8/1/ 8' 9 /i/ 2d:4 r0 /Mfie 25r.'0b 12/ 1/88' 425 ;00 Total Y 9$8 4 $4, 75.00 $ 425.00 425.00 425.00 425:00 425':00 t25 . 0,0 1., pie ien F . ke11443 " �ru • REIMBiJRED 19' /1:/ „ 425.00 3"/2' : 89. 425.'(0 /i /89 415:.00, 5-/,1/ C /.r /�8�9 x`25 . /11/89 4 2 '. Q0 q/1/89 i25.00 : 9 42;5•00 0/I48, g5'.' • Q 11/f/89 : 12'/r/S925 =. ;' To`t'al iii' , i00: eo __2 1990 REIMBURSED 1/2/90 $ 425.00 2/1/90 425.00 3/1/90 4 - 00 Total 1990 $1;275.00 13. You paid a total of $16,550 rent for your dittriet office and law office from 1987 through March 1990: you receiVed $15,550 reimbursement for this rent from the CbmniehWai €h1 Your rental cost, for your law office from 1987 t1 x %1 h WArth 1990 was $1,000.00. 14. Your law office, district office, and campaign a ffite Were all operated out of the same facility. 15. Michael Willmann was your raw partner from 10t Ve 19$8 when the partnership was formally terminated. TM partnership was effectively ended in the early 1980's. a. The partnership started out as a 50 -50 cariwangement but without a formal partnership document. b. The law partnership maintained an office in the P.S.F.S Building, in Philadelphia for the first 1 or 2 years and then moved to 2 Brookline Boulevard in Havertown, PA. !r; 'Stephen F . Frg'ind' Pale 6 A to rthe -!PB 'S office was closed. Mr. Willmann. co ct_ ed tl vaSt maDoaat.ty of his law out of his ` hkvide agar you conducted. your law prictie from your• Havertown office.-4 c. Wi -lmanr did e t of` tiffs.. legal work fear: au. off is ?_, in hi's home in Philadeip$i axid-•.would travel': to)114.V$4t-PIMikl t aliproximately ofc every °wed- or once emery mori 'Aid Havertown office- was-' a multipurpose ft*: Represefltati a F' ei td's IIistris.~t Of face, dd tiori to thLir law prance:± g= • W ±1 n was uhable' to: the ii e: the ratio, of us$ •f ' e Yaw g actice did no make m lot: of. money-. bu# , t y wei w iking' at it Willmann used the telephones numbered 7 ,-. 3 Q 789 -0301 when at the Havertown office. 131nl, Wig not aware of who placed the listing under hi s,` n fox those numbers in the telephone directory, h. Freind was the record keeper and bill payer and Freind told him that he was pro rating the bills in favor of the State. • Willmann has no personal knowledge of Freind using the office for campaign activity. He was aware that Freind rented a place for some campaign work. He wasn't in the office that often to say whether or not it was used for political purposes. There wasn't a word processor in the office when Willmann was there. There was a typewriter but he was not aware of who owned -it. There was a copies' and he didn't know who owned that. 16. You were the author of a book titled God's Children which was published in 1987 by Beech Tree Books, Wi1].4n Morrow and Company, Inc., New York, N.Y. . In the acknowledgements you identify a number of individuals who assisted with'the preparation of the book . Mr. Stephen F. Freind Page 7 b. You specifically noted, "Special thanks - to my friends . and co- workers, Mary Ann DelPizzo and Maria Cahill, for their many hours of assistance in typing, correcting, and collating the manuscript. 4,7 Maria H. Cahill has been employed by you at your District Office for 14 years. She has worked continuously during that period of time with the exception of time off for .„- maternity leave. She has worked both full -time and part- time. a..: Tier normal work hours are 9 a.m. to 5 p.m. 41) . frequently works after hours and takes work home with her. (1) She generally eats lunch at her desk. (2,) On the average, she leaves work between 5:30 and - 5:45 p.m. (3). She takes work home three or four times a week. 14) The work week of Cahill averages between 50 artd 55 hours per•week. (5) She has never received overtime. d. She type the manuscript* for your book at the offic . She would. come in early, work her lunch houtg; Ott -fdy late to do the typing. (1) Such services were paid for oux- of your 6'i personal oft*C34144 aicctiunt . e. Tow traindleat apprtnElhAt4ellf la'W aMst a itT6n from the c is ct; c f S th 66 , t.`#'e tele 1 and firm . alIlb r g' is. is =Elam" u$ d aid are seiarate atantpw, and andi stattiionWit f.'dr t law' pr$6tioe The3zze Lai n0 artrOtal d4] . l showing a breakdown of l'sg s lsat verainf 1�e &L Tht51 Performed. The district office is very active and most of her time is taken up with State business. The remainder of her time is taken up by your law practice. . Cahill '- normall y does not take her lunch hour. ' Mt. Stephen.. F Ffg4 Page 8 (1) , A, copy o e letter_ that is written is placed in a cha ohoIogiccal- date book (2) Every.incoming telephone call is a spiral notebook. The office and equipment are privately leased with.a portion of expenses stbmitted to the Commonwealth for pro rata reimbursement. h. , Telephone calls are answered with the phrase "Steve "' Oeind' s Office." i. Certain equipment or materials such as an air conditioner, carpeting, typewriter, drapes, book shelves, fire protection and a photocopier have been purchased without any submission or reimbursement by the Commonwealth. She maintains a time sheet for each client w3'kicia.. 'becomes. 'part_ of the case €o14er. She doesn't cee an. account' - - t e t, te spent'drn State 'work and awc: (1) As to.. law csses time.. sheets are maintained for only the cases . where the' charg+2; is based -upon time but not as to the; cases' wherein a percentage or flat fee i.-s ch4x4e4 k. Xpu pay her $ a week for the work she performs for the law practice . The pay, Is the same every week and doesn't depend on the amount of work she handles. This is in addition to her normal Commonwealth salary. 1. There was never any prorating of her Commonwealth salary so as to deduct for her compensation amounts relative to work she preformed for you that was not of an official nature. m. Campaign work has been done in the District Office but such was very limited. (1) Such activity consisted of receiving and depositing checks, writing thank you letters or typing a campaign letter to committee people. (2) Mass mailings would be taken to a private printer for reproduction. (3) The campaigns, either primary or general, made payments for expenses in the District Office. g. Mr. Stephen F. Freind Page 9 18. n. Some campaign work was done in your district office. Most campaign meetings aite he?..d at the Saw Mill Restaurant or the Cheese' Club of Havertown which is also used for envelcipestuffing mailings. You held the in#ial Sq4itsiisin meetigg for tAis years election with *St Of 4t 6:04.Stiiat,Office. p. o. She typed 3 campaignjetters, on the office complEter, for the 19 ctiMpatgiV. letters are - rilaint4Ined in the computer. .The":letterg are typed,Zon pAin. and sent t� ' a local `printer for printizw and . Inas s ,$h4 also typed thank you u..etee±s :contributiozis ofl he Jo computer e 4orst kette_±. "it s in the can t**. The _campaign work was doAe her 4aormal work day. - rar .i office - U - ntil afer 5 p .m. Another novel is Jig 7.q4tte,n . (1) Vi : typing occurs „after „a c1apter is dic (... he t l ing s iTtf r. ome a qf C011 in ing....,:y54.1k .fo the S.teptiO ind cured : duri.ng nine (1) Cahill wound type letters. (.2) ,,She w_944 take ,tel,phone 9:1 fr9m law op44*.s. q s. The computer, word visa ephones usegf - b4th ±eglSiative'purpb.det. t. During the the evening' o DistriVt' rnpa 2. our coy ,Pagllizle 41 or the law _prActiae and 12, ' ,Pf .R 4or r..,34ry LA,-iection at the -- phb 14t e, 3 yo e e ne s re , ing to Mary Ann De1V.zzo workecl at your D,i,..s,tr.i.ct pifice as a 16 s lit i e' Ass ist n t 71, ei9. $ea'retaXir -. run 'Ku,ne 15, 1984 to tittbbo±"3" 112 - She' Is curretg evroy git in a . ..,.., ....,_ . .... ... private cagacity a's an - ofp.cc I ma gr`. - . . —a (71pcALLLy t,......,w a. DelRiz,z0 was 1 P. q84X for her state work. r, r a h ' e t e l i l hr g 4 8 4 . 1 . 4 ( ) t sa zy for her legal work but t he ' eivo:r0 i 4 , . 4 i. :0 . 0 0 a week. Mr. Stephen F. Freind Page 10 b. The office was a very active Distrlt office with a tremendous amount of constituent contact. c. The working hours for DelPizzo were nine to five Monday through Friday with little variance. d. The rest of her time was spent doing law work, campaign work and reviewing and typing the manuscript of your book. se. The amount of time spent doing legal work varied with the case load. f. The law practice was an active, varied general practice. g. She performed legal secretarial work such as typing wills, correspondence and making client contact. h. The amount of time spent on campaign work also varied with election time being the busiest. i. DelPizzo performed re- election duties for Stephen Freind during her nine to five work hours. (1) She accepted and deposited campaign contributions. (2) District office equipment such as typewriters, computers, copy machines and telephones were used for campaign activities. j. Duties were performed by DelPizzo regarding a book, "All God's Children," authored by Stephen Freind. (1) The manuscript was typed during her nine to five work hours. (2) District office word processing equipment was used for the typing of the manuscript. (3) At the time of the rewrites and finishing work on the manuscript, you directed that the book have priority over other projects including legislative matters. (a) The typing as to the priority period occurred during regular nine to five hours. M Frei Pe* 11 • k. You told her that ybu wrote the book T.41.1:18. Oh the train gOI136.dk and forth to Harrisburg. You wrote same of the bocrk while in tthe- offIde and she typed the manuscript while ii the offide.• This was generally docile dkirifig the Cdtitifon.wealth work t. days. - itt She came into the office - on one Sunday to type the manuscript but it was her own idea. She didn't have the time to type the maraithditipt- during the week. The additional compensation ,received by DelPizzo from the law firm of Stephen Freiid w fr non-ieiislative duties. 6. There wasn't a fOrriell bookkeeping system setup at the flice. She would pay the bills from the law firm's che'cking account and then photocopy the bills for you to take to'Hairisburg. p. The equipment in the district effide Of Stephan Yreind consisting ef. computer, telephone, cOpir machine were _ paid by dhecki out oi-an-account of Stephen Preind. The bills for the equipment and checks were given to Stephen Preind for preparation of an expense report. q office, next to tite‘It-Aet ettieo4 watt rented by f dprifig the 104 eieation anmphip. Tht electric, telePhOn4 rent and other office bills Wei paid from P-the- eipense account Chi% th4t election perf61:• - ( r. Office post l$ Vitt 11%ed fok la* adttee work and cnti 41. IWO- but the !Wilk t• (OarRiDay'gn were tiard for Jbrthe WIW'ileirer- tThe set aside for legal /ailtibi* 'She woke t tat %)in the opportUnIty heed t. There was never'ralik bf her commotrwtt,lth salary so as to dechict froni her compensation amounts .related to work she performed for you that was not of an official nature'. Mr. Stephen F. Freind Page 12 u. Delivizz* ddid not average 37 in-WitM4s per week t .. 11.0:nativre matters during hAreMOWINtnt in the Di tfidt Office of Step1 Fritiad. (1) The Office equipment wee leesedAy 4f:when Freig With partial reimbureement fray to mate v. When campaign activity was done in the District 0ffic9, catIpdign money was utilized for office . r -ent /equipm w. the legislative district office of Stephen Freind d @heisted of two poorly furnished rooms, each appkokimately ten by twelve. x. ®'v04 a four year period, approximately ' 25$ of . 2'zo's work was devoted to non - legislative matters. 19. COOtgn letters with the letterhead "Friends of Freind", th€ 'Campaign •Committee of .State Representative of Stephen F. Freind, were sent to your district constituents ;diiriiiii :your 1990 - campaign. Letters with the same _letterhead ittlso mailed as far back as 1984. . a. The letters contain a message atithe bottom ;; Steve Freind - He Makes • Difference He iGets1Results. b. The'address and telephone number listed at the bottom is 2 Brookline Blvd.,' Havertown, , PA. luau - . 789 - 0300,. your district office. c. Although the campaign letter was typed at the district office, it was taken to a printer, printed at campaign expense and disseminated to volunteers for the purpose of stuffing and mailing. Such procedures were utilized in the circumstances as to Fact Findings 20 through 22. 20. One campaign letter sent prior to the 1990 primary contained the followings •a. The letter was typed as outlined above. b. The letter was sent to various committee members and supporters. c. The letter identified a Beef and Beer Night on Friday, April 20 at the .Narbe th'Fire-Hall. d. If interested in attending, persons were directed to call Maria - - at the district bffice. Mr. Stephen F . Fred Page 13 e. The letter was signed by Stephen'. Freind. f. The initialling at the end of the letter indicating author and typist is SFF:mlc. 21. A second campaign letter sent prior to 1990 primary was_also typed on stationary with the "Friends of Freind" letterhead: a. The letter was related to the pro -life movement and urged support. b. Attached to the letter was a form to fill out if anyone could assist with the campaign. c. Persons were directed to return the form to Freind's campaign address listed on the letter. d., Anyone wishing to make a contribution was directed to send it the Havertown address listed on the letter whichwas, your district office. e. The address listed. was 2 Brookline Blvd., Havertown, PA' 19083.: 22. On January 30, 1990,. a letter typed on "Friends of Freind" stationery was sent to the. Delaware County Board of Elections and included a copy of .a campaign finance statement. Your district office address, 2 Brookline Avenue, Havertown, PA, was listed on the letterhead. 23. You have paid your legislative assistants an additional amount. for the work they perform for your law practice, and to supplement, their state wages. You submitted those supplemental legislative assistants on monthly legislative expense vouchers but did not receive reimbursement: 1987 Date 01/02/87 $ 80.00 01/09/87 80.00 01116/87 80.00 01/23/87 80.00 02/06/87 80.00 02/13/87 80.00 02/20/87 80,00 02/27/87 80.00 03/08/87 80.00 03/13/87 80.00 Amount Paid Amount Reimbursed ONO IMO . Stephen F. Freind Page 14 1987 - continued ate Amount Paid 03/20/8'7 80.00 03 80.00 04/03/87 60.00 04/10/87 60.0+ 04/17/$7 80.00 04/24/87 80.00 05/06/87 80.00 05/13/87 80.00 05/20/ &1 80.00 05/27/07 80.00 06/05/87 80.00 06/12/07 80.00 06/19/87 80.00 06/26/87 80.00 07/01/87 80.00 '07/08/87 80.00 07/15/87 8 0 07/22/87 80.00 07/29/27 80.08 08/05787 80.00 08/1x%/87 80.00 08/19x87 80.00 08/2 80.00 09' / "-0Y/7 80.00 09'/017 8:0.00 09 /:x`8'/80'7 80. 0 9'Atf.5''A7 .8 0.010 1o7 '1 80.00 10' / 0Vi! 80.00 107436W:1 80 10'/73'/'87 80.00 10/10/87 80.00 11766461 80 11420A7 80.00 11/17/27 80.00 . 1 8*.00 12/16/87 80.00 12/23/87 80.00 12/30/87 80.00 TOTAL $4, 020.00 Amount Reimbursed ■ IRO OMNI Ma:. Stephen F. treind Page 15 o/ 014148 $ 80.00 01/09788, . 90.00 01/15/88 - - 4 : , - ,9 - - 90.00 01/22/88 c 90.00 0I/?9/88 90.00 O2/ 5/88 90.00 027 02 90.00 02Y PM 99-00 ov2 /bp , 90.00 03710 0 lo:to 03/W §b.bb 0348l Y0-A0 2/ .,- pco%0% v4 :: gq . / 4: e 90:0.0 90.00 , . p=4/ 4: 90 Pr4/ :ik. :: 4b itio al i • ; X& !do Iti zgartfp QS - • • laSft %. 'Alo AO '05, 06/4/! . • ' IlaPoo 0.66///;::: cilai-to 4 4 1 0P6o 644 `11 fp Ph 07 t It8 ' 4p 2eo 8 8 , 90.00 i 8 80:60 67/g1t08 _ r , Trilikl $2,7800ti — 8 ., NOTE ,Legislative Assistant salaries later zt.er 7/_!'S. 11 Date -" Amount Paid r` 24. .YOU'Obiaitted office tothe Committee for AftiOunt Reimbursed. ONO •■• were nit submitted 7t-z no.- submit' - _other_legislative.expensesforiyour'dietrict 04ti WhiChrtitret.41Pfed ,:reikabiltsemerit • NOTE: The difference between the amount paid and the amount reimbursed 4s the figure that you assert was incurred by you for your 'private law relatpd:and campaign activities. ,Stephen F. Freind Page . 16 •1987 Amount JN,t4D. Expense Pa d 12/86 to 1187 1/5/87 Electric $ 24.96 $ 24.00 $ .96 Answering Srv. 60.00 55.00 5.00 AT &T 27.38 25.00 2.38 Telephone 92.00 85.00 7.00 Computer Lease 368.88 350.00 18.88 Stamps (100.00)* 100.00 0 12/1 ;t .o J Supplies 92.71 90.00 2:71 1/5487 $665.93 $729.00 $36.93 (100.00)* $765.93 1/87 to 2/87 2/2/87 Electric $ 50.53 $ 20.00 $30.53 Answering Srv. 60.00 55.00 5.00 AT &T 27.38 25.00 2.38 Telephone 94.24 90.00 4.24 Computer Lease 368.88 350.00 18.88 Photocopier 166.64 150.00 16.64 Stamps. (150.00)* 150.00 0 1/6/87 to Supplies 33.69 25.00 8.69 2/4/87 $801.36 • $865.00 $86.36 (150.00)* $951.36 2/87 to 3/87 3/2/87 Electric $ 27.32 $ 25.00 $ 2 Answering Srv. 60.00 55.00 5:00 AT &T- - 27.38 '25.00 ' 2.. 311. Telephone 94.57 .90.00 4.57 Computer Lease 368.88 350.00_ 18 :08 Stamps 000.00')A 300.00 0 2/4/87 to Supplies 3,00 2.50 X 50 3/8/87 $581.15" $847.50 ; $33.•$5 (300 0p)fr $881,.15 * No ReceLpt ,Available Amount Reimbursed pifference 4c,teeklen F. .44441 Ppaik! 17; Date, 3/81,477 1 442 4/13(&7; 3/2/477 to- 4./Ri8g7 31.411V7 tQ. 4/2/07; Expense. • F sweping Srv. 1 Qcsmiter Lease Stamps; Supplies 4/2/87 to 546ttE67`; 5/1/87 Ea". .eCrt11- Answering Spy. ATZ4t Computeg Lease, Ph o t000ri4:e4 4/1/ to 5/5 Stamp S uppl s- 5/51,47 to, 6 Yorsguy4 29 42:2 27,. i66. 64, (4 , 75. 00)c* 8t.24 Si 11175; 6 /1 /0 $ 27 .5Q) Answaging Srv. 6i .j AT&T: 277.143; Computer Leases Zhot9copier 1516..Er4 Te 8 ,E6-. 17 -a SPAraga ( 5 / 5 tsz, Supylles (am. ao) 6 / 3 /8 * No Receipts. Subnlitttgli 60..00 5 5 • OA 2,7.3k, 25 • WO 3 6.8;,. 8 3so (29 00) * 201Y) PP. 7 . 7fi, 7;.0'0 $.114AL: 5:2 $676 2.0n, (.200 *091* 30 4 $9671. reiibuvsadj $ 25 .0Q 55;00 25.00 350.0A 160.. crp,-, QQ $40 0 Cr (4' 25 . 00 3:5q. 0,01 15Q. 0,0 QQ. 200 .00 30 . 00 Vc4X5 0,0 erence S4. stJ 21. 3 10;88 0 .76 $29.52 , ctft 2- e -, 664 0 34,.. 24 VA :7 . 56 2 . 50: 5 . O•k 2.38 16438 1:64 6 4 6. EV3- $52773 `Mr . $tephe nn E . Preind Page 18 Date 6/4/87 7/1./87 6/1 to -4/2/87 6/1 to 712/87 Expense to 7/1/87 7/2187 t 8' /`1? /''il '' 8//87/ 7/5 to `8/1/87 6/1:0 to 7/29/87 7/29:187 8/2/87 to 9/1/87 9/1/87 8/1 to 9/1187 * No. Receipt Available Electric Answering Srv. AT &T Computer Lease Telephone Copier Lease Stamps Supplies NWectric: Answering Sr-v. AT &T computer Lea's c per Leap Stamps Supplies Suipplies Amount aid $ 34.70' 60.00 27.38 368.88 91.19 166.64 (175.00)* 10.57 M4'.316 Electric $ 73.16 Answering Srv. 60.00 AT &T 27.38 Computer Lease 368.88 Telephone 58.80 Cole Directory 150.50 Copier Lease 166.64 Stamps (100.00)* $ 30:00 55.00 2500" 350.00 85.00 150.00 17 6 0'. 00 $r 59.9'7 $ 55. •00 60 . oa 55..4. 27. 3f ,. 2.5.4V 36e. 88= 350.0.0 10f. 64 1 ((2 can' ..0 0 >) *" 260'.00 23.62" 02 25. _0 141,.,.77 TO ..0 O $71:7:.0.8 $870.00 (12= 0'0) * $917.0..6 Amunt geimbursea Differences $, 65.00 55.00 25.00 350.00 X 0.00 • 135.00 160.00 100.00 $ 4.70 5.00 2.38 18.88 6.19 1Cf- 0' Ogi 1?8~. 88y 16.64 0 -1.38 $47.06 r 8.16 5.00 2.38 18.88 8.80 15.50 6.64 0 Mr. Stephen F:' Preeind Page 19 Date 7/9 to •9/1/87 =1+0/ -2/87 to 1 .L1/7/87 14/1 to 3147 = 4',87 tY /�1 tto 11f /1ff Expense Supplies Stamps Supplies 'fr* No 'r eipt AVa3.?leble 9/2/87 to 10/1/87 0/1/87 Electric Answering Srv. AT &T AT &T Computer Lease Telephone Copier Lease 9/1 to Stamps 10/1/87 9/1 to Supplies 4:0/1/87 Electric AT &T Computer Lease Telephone Amount Paid, 27.28 $972.64 (100.00)* $1,072.64 108.98 60.00 27.38 253.00 368.88 82.63 166.64 (175.00)* 19.75 $1,087.26 (175.00)* $1,262.26 $ 72.32 27.38 368.88 98.89 (1 15.00 $582.47 1100. "00) $681.4 Amount .Reimbursed 25.00 $1,005.00 $100.00 50.00 25.00 240.00 350.00 75.00 160-.'00 175.00 "15..00. $1,1.9.040 $ 32.44 25...00 .350-00 90..E00 Difference 2.28 $67 $ 8.98 10.00 13.00 ]x8..r8 8 7 6.64 0 4.75 $7.2.-26 ..$39... 8 8 ;..38 J1M,. •88 .8.189 0. 0 06T .1r4 $'70:.03 ' Xi: AMA& tiiRi 4a4 W Date 11/7/87 to 12Yii6 12/1/87 474, 4 41204/ 11/23/87 11/1 /87 1988 January 1988 1/4/88 12/1 to 4/1/8.8 12/1 to 1/5/88 1/5/88 AiWAltin biv. i..fi)ti ATV, •„ . -$4-46 ComplIF Lea tb $8-82 M5t0 2CWi$, 16:;4 ' ja:54It61 Repair .23.47 Stamps (120.00)* 10.0 .- ,, 58.29 52.00 iei. r0 Copier Lease :64 $1,15 suppll.es sbipii * No Receipt Availitit Cbpier Lease'.. inuout sed Drce tYdia \-* $1,222.56 ro - 4.'.0 1 3 6 i 4 gi* 7- $:1 tbni248r_tease i. temholie 1 • , Og:04* Stainps $895.41 t $ .00 1 9.36 18.88 10.49 6.r4 8;%7 • 0 . 0 01:9/ Loo 9.89 0 18.88 :10.bo - $855.00 $40.41 1r. Stephen F. Fieind Page 21 Date -- Expense Amount d Reimbursed =, • Difference February 1988 2/1/88 Answering Srv. $ . -60.00 $ 55.00 . $ 5.00 Computer Lease 368.88 .350.00 18.88 Telephone 106.26 '100.00 6.26 AT &T 65.62 , .6,0.00 5.62 Copier Lease 166.64 . , . ; .0.00 6.64 1/4 to Stamps (100.00)* 100.00 0 2/3/88 2 , , 1' ;if' , r , ; * re 2/1 to Supplies _ 69.30 68.00 1.30 2/9/88 $836.70 $893.00 $43.70 (100.00) * :b 1 ? - ,: r = p $936:70 March 1988 3/1/88 2/3 to 3/1/88 2/9 to 3/1/88 April 1988 4/1/88 3/1 to 4/1/88 3/1 to 4/4/88 Electric Answering Sry Computer Leas Telephone - AT &T . Copier Lease Stamps Supplies * No redeipts available e $ ** 60.00 368.88 112.82 46.96 166.64 (40.00)* (10.00)* $755.30 (40.00)* (10.0a)* $805.30 Electric $ 26.96 Answering Srv. 60.00 Computer Lease 232.14 Telephone AT &T Stamps Supplies 119.58 46.96 (150.00)* 58.40 $ .1.00 $ -1.00 55.40 - 4 5.00 350.00 1$ 100.00 12:82 40.00, 6.96 160.00 6.64 40.00 �" 0 10.00 $756.00 $ 25.00 55.00 215.00 110.00 40.00 150.00 56.11 $49.30 $ 1.96 5.00 17.14 9.58 6.96 0 2.29 Mr. Stephen F. Freind Page 22 Date 3/31 to 4/4/88 4/5/88 May 1988 4/6/88 57.278 T 5/3/88 June 1988 6/1/88 5/1. to 6/1/88 July 1988 7/1/88 6/1 to 7/1/88 Amount Expense Paid Supplies - Copier Lease Supplies Electric Answering Srv. Telephone AT &T * No Receipt. Available 166:64 $721.07 `(15.0.001* $871,07 10.39 $ 3.69 27.68 60.00 124.49 46.96 Copier Lease 166.64 $ 4 Electric $. 54.301 Answering Srv 60,00' Telephone 113.18 AT &T 46.96 Computer Lease 105.47 Copier Lease 166.64 Supplies 39.38 $585.93 Electric- $ 8.90 Answering Srv. 5 Telephone 112.10 AT &T 46.96 Copier Lease 166.64 Supplies 57.87 Stamps (180.00) * $442.47 (180.00)* $622.47 Amount Reimbursed 9.00 160,09' $820.11 $. 3.50 25.00 55,00 120.00 40.00 160.00 $403.50 $;. 2 555 . 0 0 105.00 40.00 100.00 160.00 23.00 $508.00 $ 7.00 45.00 105.00 45.00 160.00 50.00 18 0.0 0 $592.00 4f ference 1.39 6.6 $50.96 $ .19 2,68 5.00 4.49 6.96 $25.96. $29.30 5.00 8.18 6.9 5 6.64 16.38 $77.93 $ 1.90 5.00 7.10 1.96 6.64 7.87 $30.47 4. AIWARTI F.TFreind 24.5 -24V. " Awkittit988 7V.1 ttia •-,041448 :to 0/1/48 - -'Expense --rStamps - Septemlwr 19g8 s841/88 p - Supp I s - 3941 , / 88 Oetolar 11;88 i 88 -7t() 1P4VA0 Nowankerix91132 7/2048 9/1/80 AP 11/1 / 10411/88 -SzppIies Decegketr 17908 :SuppIiso tamps 12/6/Qe Comutr Jee Cgpioarlbe4Ae Anzifttiagrv. SuRgai,es .12/5/88 •* No receipt, tiame14444,ke AitteAletit Pd rElectIrtc $ •- l'Pelephone 116:774 IT 446096 f.Gemputer Leaee 1'05 . 47 c'4911,10p1kes '3.98 ( 44210) 4 $6 9 , $586 9 $'29.24 $ CIAO 400)ek -48 • .C1"(1 01q* 4,3032 . .A"6,64:64 Q0 $A14 47 Aractiot ReiNpur§q.r1 Di f ference $G600 1ro;d10 45 . Q.0 100..40 ..3 50:M f,50 03 $30:00 $ 44:89 15'0 44 - i§ z$59 :48 szact,00 - 1 - 5o J c55.00 498 .c$359,99 6.74 1.96 .5 .47 448 $17.89 .. 47 $ 0 0 ,$ 0 328 23:6.64 5 X 0 $54..49 Stephen F. Freind Pe 24 190 Date January 1989 1/4/89 ;12/1,to 1/9/69 12/1 to 1A61:69 'Pebriiaryi949 .1/1 to 2/1/89 1/9 to 2/1/89 WS789 .2/1/69 Nardh:1909 :3/4/89 - 312/89 2/1 to 3/2/89 'ADepse .Stamps - _ Copier Lease Electric * No Receipt Available Amount Paid ElActrt.R, $ 26.93 Answerin4 Srv. 60.00 AT&T 2, 46..96 Telephone 13 a 3 Computer Lease 1V-2,65 Copier Lease 164.64 Supplies 26.56 Stamps ( $683.37 (75.00)* $758.37 Answering Srv. $ 66.00 AT&T- 46.96 Telephone 119.40 Computer Main. 77.3a Supplies 39.59 (75.00)* 166.64 27.27 $537.24 (75.00)* $612.24 Copier Lease $166.64 Electric 60.22 , AT&T 46.96 Telephone 124.20 Computer Lease 182.85 Answering Srv. 60.00 Supplies 34.08 $ 200 45,00 45.00 135.00 170.00 160:00 25.00 75.00 $690.00 $ 55:60 45 100.40 75.01(k- 35.00 75.00 3.55.00 25.00 $565.00 Amowit7= Reimbursed Difference F $ 1:95 *25-4310. £1.16 38,A3 5.64 1.56 S6F ;0 $68.31 $ 5.00 1.16 19.4.0 2.34 4.59 .0 11.64 2.27 '$47.24 $160.00 $.6.64 55.00 5.22 45.00 1.96 115.00 9.20 170.06 , 12.85 5 5- 66 ' 5.00 30.0b 4.08 . Cf0. .Nr.s.- F. Freind Page 25 L. * No Receipts Available Amount Amount,,, PO'e ' Expense Paid Reimbursed Difftweence Stamps (9'0-00)* .. ,,:.' 90 00' ---;: ' ..h 3/2/89 $674.95.,„,' . $720.00 $44:95 (90..00T* $7.64.95 • April 1989. .. ' - A , . r '. 4/1/89 LOpier Lease $ 96'. 46 - $ mpt; e e:.46' NTectric 2 .11.7§ /5:00 4'476 AT&T' '. :, , O. .96. ' ' i 45:00 1,96 Telephone , (32q : g 7 , . 115.0 11.77 COmPuter : Lease (10c . 66)* 100.00 0 Answering Srv. - ,66.00',* -5E00 5.00 3/2 t� Stamps (200.00)* 200.00 0 4/1/80 3/1 t� Supplies 62:81 50.00 12.81 411/89 'Z'.'.4"/ 4/1/89 Computer ..43 - 109-0 :5 : Copier Lease - 46:6":SC - 2. .0 -- 4 $614-0' MD. 0 64 .87 0/40,100) $994.87 'lq, ...w - May 1989 5/1/89 Faextric $ 21928 $410:1'," - 4i5.. , 6 it, .00 fielephone,... .-. 126.77 12t40 Tomputer Lease 45.747 Ur-040 Computer Main. 16-5.77 t2, ansVering Srv. 60. p 0 42 -. .., Copier Lease 166.64, . 4/1 to Stamps (150.00)* 150.00 ‘3`1.1 t8 9 4/Vito Supplies 22.90 20.00 5/1/89 511/89 Supplies 32.49 28.00 4656.28 $753.00 (150.00)* $80.6.28 6.7,96 1.77 5.77 5..001 16.64 0 2.9.(1 $53.28 Mr. Stephen. F. Freind Pdge 26 4 1 , July i99 7/1/89 W to 7 /1/89 6/1 to 7/1/89 ... t Da * " Expense Amount Pgd'' ElOctrpeo 8 28. ATT 4044 ,,TesOrit „143. 9 CoOldUter 6-. AntWering Srv. 60.00 , we 1.3g,g4)..$ -(100.00)* ,.A. r. 4, I Collpixter,Lease 105. 4 5 77 guPPJ,,„1 25.01 6Zil... Copier Lease * No Receipt4fttiat1e 166.64 $643.68 (100.00)* $743.68 Electric $ 46.45 AT&T 46.96 Telephone 140.41 Computer RibbOn4 40.22 Computer Main. 65,77 Answering Srv. 60 .PQ' Copier Lease 166.64 Stamps (moo)* Supplies 25.49 •$591.94 (98.00T* $681.94' R.61 Aeci, iffeexc $. 25.00 4 125.00 06.66 Woo 55.00 . 100.00 20.00 160.00 $685.00 $ 4.91 6.98 18.92 5.47 5.77 5:00 0 5.01 6.64 $58.68 $ 45.00 $ 1.45 45.00 1.96 130.00. 10.41 35.00 5.22 60.00 5.77 55.00 • 5.00 168.80 6.64 90.00 0 '23,00 2.49 $643.00 $38.94 1 S Freind Page 27 Date -filqu 1 n.. August 1989 8/1/89 :9/1 to '10/4/89 '9/1 to 10/4/89 10/2/89 October 1989 10/1/89 Expense Eieetric ATt iephone A ~ rig $zv. Coo er; lease Stamps' September 1988' r 971/89 Electric AT &T TelephOne swer1rig, Erv. iCOmputer leas computer Main. 8/,1 to„ Stamps 9/11/89 8./4. t Supplies 9/8/89. .. -lectric tr Wer.thgR Coniputer M ain ,. .Copier.. Lease Supplies Stamps Supplies• * No receipt available Amount Paid * 594:21 46.96 13'9.28 .. 60:bp 166.64 7 34:49 586 '1100.001* $680.81 $ 42;41 121` F , 166.64 24 - .00 ( o o) * f• 4 $485.46,,, (100.00)* $585;.,46 Amount Reimbursed Difference $ 26.00 6000'' x 1011,0o ; $'5 1 $ 60.00 45.00 ±80.00 ,55.00 1 60.00 100.00 10.00 $640.00 . 1,10 ..00 _4,5..0,0 ` "0.,00 .:0.0 2.2 100.'00 r4.. }0 $541.0 r "f46 6 . " 5,• e 7.67 96 9:8 't.O0 6.64 5.77 6 -4.45 140 81 $,,, 2. 1 2 2.00 0 _LAO W4:146 Mt, St4hi F. Freind Pagt t Rite A3mmate ltimsMber two 11ftrt9 Electric $ 41,-27 1O/4i - 1014 'tb 11/1/8 11/3G/8 December 1989 12/1/89 12/1 to 12/3/89 , 22iTtT 1%ItAlpint Answoring Srv.. Cuter Civieirletrge Stamps 1.1pplieFs Plectric AT&T Telephone Answering Srv. Comput*r Main. Copier Lease Supplies * No Receipt Available Amount Paid 1S6,11 V5.77 - 1,6%,64 S4.7.6 $(615,12 $1%5.,1 $ 316 4%..96 143,4, 60.00 65.77 166.64 (23.41)* $514.80 12L421* $538,23 1990 January 1990 1/2/90 Electric $ 33.32 AT&T Telephone 137. Answering Srv. 60.00 Computer Main. 6'5.71 Copier Lease 1 $510.08 ft. Amount Reimbumed 011feirettv 130.00 55,000 . 60.00 1 45.00 150.00 • $ - 12:t -- 1.96 6.31 5.00 5.77 6.64 9.76 0 40.13V '$725.00 $ 10,00 4 5:00 130.00 55.00 60.00 160.00 23.43 $503.43 $ 10,0'0 110.00 55.00 50.0 160.00 $470.00 I '• 4.01 $40.72 $ 1.'96 1.96 ;3.47 5.00 5.77 6.64 $34,80 $ 3.32 1.96 7.39 5.00 15.77 6.64 $40.08 St. Stephen P. Freind Page 29' February 1990 2/1/ao 1/1 to• 1/S1/90 1/1 to. 1/31150 1131/90 1; • Expense a.. RUNT: Electric AT&T Telephone Answering Srv-. Computer Main. Typewriter Main Stamps Supplies Contribution to F.D. Amount Par Id Amount Paid 29.14 _21,00 $462.15 (1_00.001_* $562.15 $16 $15,550.00' b. LEGISLA-Tritg. ASSISTANT $ 6 - Amount. R.Virabured Difference $ 30.94 $ 28.00 ' $ 2.94 46).96 45.00 1.96 12'4.67 120.00 4.61 70.00 65.00 5.04 65,71 60.0(f 5.1/ . 73.67 70.06 3.61 (100.0()'* 100.00 0 28.00 1.14 $531.00' * No Receipt Available There- heve peen other varied expenses tor the district/law office as to which you have soughlt no reimbursement consisting of the cfrigiinal typewriter, origInaa pho*ocovier, drapes, bookshelve s new carpeting and three air conditioners over the years, 25. lased on, figAnnts you submitted to the Comptroller of the • Souse of leprwsentatIves. SI-Partisitn Manacjement Contittee, y: expenses for operating: your district offi;ce, law office and: in palett yovr campalgn office from TM td March 1950 is as follows,: Amount ReilebtWeed DifAAUWWARP 056.00' c. OFFICE EQUIPNENT', SZT.3210,n $1, 145 ,95 • _COO $11.15 Mr. Stephen = P. Freind Page 30 26. Of the $50,968.51 expended from January 1987 to March 1990 to maintain to your district'office, law office, and in part, your campaign office, you'paid $9,925.95. 27. Yott have filed Campaign Finance Reports with the State Bureau of Elections for the years 1987, 1988 and 1989. Information related to your district office was detailed in those reports: a. Campaign Expense Report - 11/24/86 to 12/31/87 TOTALS $50,968.51 $41,042.56 Name and Address: Signed By: Section 2.2 Freind & Willmann 2 Brookline Blvd. Havertown, PA Aggregate Value - $750.00 b. 1/1/88 to 4/4/88 Name and Address: pulSigned By: Schedule II: c. 4/12/88 to 5/16/88 Friends of Freind 2 Brookline Blvd. Havertown, PA $9,925.95 Stephen F. Freind (215) 789-0300 - Contributions Over $250'.00: Friends of Freind 2 Brookline Blvd. Havertown, PA Stephen F. Freind Freind & Willmann Summary of Expenditures: Office Supplies - $100.00 Postage, Photocopying Name and Address: Friends-. of Freind 2 Brookline, Blvd. Havertown, , PA r. Signed By: Stephen F. Freind (215) 789 -0300 113:/ F. Freind Page 31 1.114 9/13/88 9/13/88 /ii/88 013/88 013/88 qr 9/13/88 - . Schedule 11 Summary of Expenditures; ,-,c • Ardmore 'PinArt, Offatice - Stamps' $L50 OOr • 64728/48. -r. P Of ftCe , Stamps $250.00 _Ae17 k. = _ ; . i a :71 - 4 0 9061,;,: i/pEre'r Oatlay: : Stamps: $ 25,0 OD„ ( .... 16()5/. .4 4 WARd ti-niV $6L48 C.; d. 5/16/88 t 10/24 - Name -ind- Addt' Friends of Freind 2 Brookline Blvd. Havertown, PA sigA48' Stephen F. Freind (215) 789-0300 8dIxedul4 II, - Summary- of Expenditures: Cole Publications Rental of 901 W. Bond Ave. Cross Directory Lincolni_NebraSka 68251 First. Eastern .Leasing Co. • P.C. BoX u. Scranton ,A _18501 Bell of PA- P.O. Box 8585 Phila. PA 19173 r ABE Computer Svcs. Inc. -4539 Hamilton Blvd 7 Allentown, PA 18 ' Telephone Lease of-Computer te f AT&T t PA 15286 Delco _Response .barby Road Havertown, PA 19053 --t- 1 Bar' 3438 4 if C - Phiii. PII7 9101, ...r1;. • • • —Lease of Phones c. Answering Service Computer Maintenance Contract $ 158.50 105.47 110.51 77.38 46.96 60.00 88.41 Mr. Stephen F. Freind -ie - - -- 6 :, 9/13,08 ...44(14546n Inc. Lease of Photocopier 166.64 I ' L 4 15: 1 : Box- 4'217 ,1- ', -19610 : • ' ' ---- . ;la -,.. : : .( .4 ..4c - 91008 t:'' c'O'usi Atkin:CI:rig * . )"?: ' r" Prinring . ... 64.66 1, = - !- Ls--`1024 1 doi±isy It 6dd - ' ;- :ALA ''':k " " *- " , --Y. 1 .. 'PAr'i9083 --, '4 . .: , 1c'' . tc t -1 ) , - 1 . .I . V"I• irz,_10 , 'f. 1 ,': ir - --,To.: c : -,----:°-..-- 0.. Dk ( d6 '. bata'Pfo6OSiiing ;1 -41,abias - . .237.50 AYit9iitarid Nte:tefiant IStItare k-r= i ' tz: • '4* 19o-6'3u° ' ....., -.. . . . 9/28/e870.6. - Bulk Aate Permit DiAy, PA 19082' 10/11/88 10/17/88 . 10/11/88 10/17/88 10/17/88 10/17/88 10/17/88 10/17/88 10/17/88 10/21/88 r U.S. Postniaster_ - ,Stamps Havertown, PA 19083 Bell of PA- Phone (Listed above) Patty's Answering Service Answering Service 8908 West Chester Pk. Upper Darby, PA 19082 Meridian Leasing Inc (Listed above) Phila. Electric (Listed above) AT&T (Listed above) COPI 700 Parkway Broomall, PA 19008 Nuss Printing (Listed Above) ABE Computer Services Inc. (Listed abovey U.S. 1 ' e. 16/24/88 i61 . 1/28/88. Lease of Photocopier Electric Lease of Phones Copier Supplies Printing - - 120.00 250.00 269.04 60.00 16 34.31 93.92 37.63 25.55 Computer Maintenance 77.38 Cbntract Bulk Mailing 1056.00 Mr. Stephen F Freind'' Page . 3 3 10/25/88 10/27/8 10/28/88 10/24/88 10/27/88 18/27/88 10'27/88 10/28/88 10/28/88 11/2/88 _` 3.1/24$ ,,Name /Address: Friends of Freind 2 Brookline Blvd. Havertown, . PA 19083 Signed my: Stephen F. Freind;(215).789 -0300 -SC} edUl . I - Summary of Expenditures: Peg Giacomucci '.r.. Reimbursement for 1356 Harrington Rd: telephone Havertown, PA 19083 011ie Mattioli C/O Cheese Club Nuss Printing Inca 2024 Darby Rd. Havertown, PA 19083 McNichol Business Mach "941 Stoney Brook Dr. Springfield, PA 19064 Bell of PA P.O. Boi: 8585 Phila. 'PA 19173 Cheese-Club-of Haverfotd Twp. 2311 Darby Road Havertown, PA - 19083 gdward Gallagher C/b Cheese Club U:S. Postmaster Upper Darby, PA 19082 U.S. Postmaster Upper Darby, PA 19082 Phila. Electric P.O. Box 3438 Phila. PA 19101 • Patty's .Answering, Se-rv 8905 W. Chester Park Upper Darby, PA Printing Maintenance of ewriter Rental of Hall for Literature Answering Service 29.08 841.64 73.67 Phone Installation 148.65 35.00 Custodial Service 50.00 Custodial Service 35.00 Mailing 2640.00 Stamps 200.00 Electric Office 68.01 60,.00 Mr. Stephen P. Freind, Page 34 11A2/.08•- ABE..,..C.cattputer Service : CoMputert:llaintenance.• 77.38 443 ,ifamilton' •• „ • -.1 • r; i ::• r ) . L' ....• •.;:. .:11- PA i187.163... ." 17 . .$-• (Pt.inting.. •:.7'• . ,:• „ 5,1...:5571 - driCket Ave - ; ;77i • t ArdmOre 4 7,••• c' t h ••• • k„, et, • 47, c • $ . / First tKyt,:ne Leasizig-z' • :COrtiptater Sok 230 • ••• ••. 3 • . !r• 176.0ranopir PA • 15501 s sanvi7 • .. .• . • Nueis .71:trintimg Px•int1:ng7 t - 82.68 (ILL/AM' .1 t.,C; 2 7 liii _AT&T.) e - .i. Z. . Phones.j. 4696 Fs.'1 Prik. • Meridith Leasing Inc :Lease of Photocopier 166.64 1,1".•13 6267 ng - Wyomissing, PA 19610 •••• 1W21178a* 11/28/88 1-1049 Nuss Printing Inc •Printing• (Listed above) Bell of PA Phone (Listed above) " . f. 11/28/6.8 to 12/31/88 g Name/Address: Signed by: Stephen F. 1/1/89 TO 12/31/89 - r Friends of Freind 2 Brookline Blvd. Havertown, PA 19083 1939.80 105.47 69:96' 249.88 . • Freind (215) 789-03)30.; Name/Address: Friends of 'Freind 2 Brookline Blvd.. ' Havertown, PA 19083 Signed by: Stephen F. Freind (215) 789-0300 Schedule II -"Surnmaty of Expenditures: Freind -& Willmann Reim. for Telegrams 35.82 2 Brookline Blvd. Havertown, -PA 19083 'Mr. Stephen F. Freind Page 35 rz 168:50 901 apndiAANte F ' • tancolm, ' • 7 • • 5 s /40/13 - -;. 11t4 Pot 1Dirdicer.::r / t, 7.•:1-7. • f- 11 OO.OG ,- PittheettriWn r° " • ""-•• 4p ‘?"-" •• ' --, 7 7 a '• 'A • 7.t .1:e , 11:19 Lark°. Priintitng 'r EiveloPqg dr, s 91.16 . , , = LC. - Lettekhead -. 1 . ' r. 28. .Statements'ot Freind. 241 Brookline Bduleirardp HaverOWA Ethics Commission, contain the f011OwingrintorthattOnt‘,p - a. Statethent df Financial Interest2 occupation or profession as Legislator L4wyor - Writer. Sources of IncOme as PA.House,of-- - RepresentatiVes,.Main Capitol Buildinsw:Harritburg, PA and-Freind'and Millthann, 2 Brookline lvi, Havertown, PA 19083: b. Statement of Financial Interest.for 1986 list's - occupation as Legislator - Attorney Writer and sources of income House of Representatives Main Capital Building, Harrisburg, PA; Freind and Willmann (Law Practice) ;..2 Brookline Boulevard, Havertown PA 19083; and Wm Morrow Co., 105 Madison Avenue, New York, N.Y. 10016. c. Statement of Financial Interests for 1987 lists occupation or profession as Legislator-Attorney- Writer. Sources of income as Freind and Willmann.p: (Law Partnership), 241 Brookline Blvd., Havertown, PA; Wm. Morrow & Co. (Publisher), 105 Madison Avenue New York, N.Y. 10016; Stephen J. and Judith R. Freind, Investment Property at 5252 West Avenue, plcean, City, N.J.; and PA House of Representatives, Harrisburg, PA. Statement of Financial Interests for .19.8-8 i.ists of i=;--.occupation or profession as Legislator ,- Writer. Sources of income as Stephen J,1.1CeitidrE051, Law 2 Brookline Blvd., Havertot434.: CommonWealth of PA, House of Repretentait,ky0t, Inr Hatrisburg, PA, Real Estate, 5252 West City, N.J.; and St. Joseph's University, " •5,W eitY - . -- Avenue Philadelphia, PA. ot tLe :Mz..Stephen F. Fraud ai6 29. Your district office has always been °used for your wctiict Tr rc- atfice lam ractider and for,-;y©ur tre-eXeCti n campaigns. He, c _ :0 The soie legmcdVrtion .being hsix tao4ght a$4? when ; you " '.ved rdarted the off ice' me et door . ntior zyr@urr. e- eleotion campai re. '€ct . sc', rt, 1 ''C a1.5 = calculated that has used-99% Hof he for State: business and 1% of the time for ! 4 M49 r,.: your :lawrpracticesand - in;your campaign for re- election. Ind w r't '= Ut:h ' ` Ydur; c Iculations t were- rbasedroa'.Hpracticality' when ,:pan ` nr ^` • detormining the State's costafor.the office . by : iproveT eji . : ; "t t rki•Y3:ing �' the 16'0 f iid t' s.,and :tile; re- election . need 11 r ; VC. - ^s share of the expenses: You _did not have or 3 ,000,0 ""' maintai ''and' itype - of-doclamented confirmation.; of- the breakdown of such expenses. burro c. :rtu tees .�.. n er' f ., ::ire e. ' After 'paying =ithe rent and office - : bills from the law fEkmi's Feti ing account, you submit the bills, wifh yfi € Expense Voucher-, for - partial reiMbtrse felt " by the State: Those is no daily log maintained for the amount of time spent on State work and the amount of time spent for law firm or cal pai:gn work the office equipziient• is leased in your' Name and you are responsible f orf ' any default' in - payments . ..The monthly paymeiits €oi -the office equipment-are also' made from the law firm's checking account. The state reimburses you for this equipment upon the submission of requests. "(1)" The office lease, equipment lease and other financial liabilities are incurred 'in your name° without qualification as to your position of legislator or lawyer. You provided office furniture, bookcase and insurance for the office at your own expense. You provided a :copier that was used for the first'5 years in the office'-for'state business, at your own expense. . You assert that your legislative-assistant works 40 to 45 hour- week by staying "late and returning at night for•State functions,-and'that this makes up for the tine spent on. legal- or campaign work that she dces dnringr normal state hours, , Mr. P. Freind Page 37 ,• • • „ • • , • 3 0, 4- You did exceptionally well in the prior 2 years'havingl • • , receivecra 3,000.O0 referral fee from a medical malpractice "suit in 198.8. The case required-very' 174tt1t. Offittr timel;.. -•••r1 Campaign lIeters'and litetatUre are-typed on the offit& computerthey at. local printing cam kr The-DistriCt bfAce address--and telephone number are 15.tted.3.bn tWcpMpaign letters under the title of your- campad2§u coinmLtee- "Frends of Freind". ' 1. Tht your boo k were typed in the office, on. the office computer, by your Legislative Assistant/ Legal Secretary but most df,the work was done on other than State time. , The book was written on the train.while you traveled back and forth to Harrisburg, in pediatricians -waiting rooms and at _little league gamei • The book was written piecemeal and when you completed a "chapter you would dictate it for typing by your Legislative Assistant/Legal Secretary. o. As the 1990 General Election, you determined that it was necessary to - wage an aggressive campaign and rented a complete campaign office from June through November 1990 from which virtually all campaign activities were conducted from that office which was staffed by full- time volunteers. Jill Heffernon is employed by the Republican Caucus of the Pennsylvania House of Repretentatives. aL. She was assigned to you in June, 1984; (1) Her normal work day is from nine b. Changes in work time or leave are cleatedvith a supervisor and as a courtety with yOu.- cc.. She runs-the Harrisburgi)off icti€.of f seepifetr Fteifid with the-assistance of ($.4 offieec-activities conalst-afLarametifi9gtetWione calls, pprfOrtmlnvtxAtitTpailfiggctettcallw and working.witlf-the office': Mr.Stephen F. Freind Page--38 131. You have proVideci the following additional information: ia. The District Office is privately leased by you. b. The law practice is peripheral to`the Legislative work in the Office.- • As to an outside employment questionnaire, it is reflected that Maria Cahill appears in another. capacity as "Secretary to Steve Freind. The telephone book listngs nt tive Stephen i of ReprOeg d. • F. Freind and Stephen F. Freind, Attprney reflect the dual purpose office, r r e. You make the following arguments regarding the use of your legislative district office for re-election activities or as a private law office. The ,private use of district office, equipment and personne&.444:1?/more than offset by private payments. The non-legislative work in his district office was paid from your own funds on a prorated ,4asis. It is impractical to maintain an official accounting system as to legislative/non- legislative activ but chronological day books/notebooks provide a comparison of correspondence/telephone calls. (4) Prior precedent of this Commission supports the use of dual-purpose resources if private payment is made for nOn-official uses. (a) Cessar, Opinion 82-002 allows for the use of a district office for campaign purposes if an acceptable-accounting system is devised. - - (b) Bell, Opinion 84-013 recognized dual purpose use, (by-allowing -a re-election bumper sticker on vehicle leas-ed for a member of the General Aseambly. ( (e) Reiger, Order 68b, representative was 3(a) of Act; 4.70 legislattive df wherein a state found to violate Section Iva i o f for re-election- Ffeind' Page 39 a 7 ?* • ; - t:Ir( t1T7th107FItl- :actiVittesi,didngt involve dual purpose,use otrreiMbtrsementt. ,• n426 3 t `"t ,(43: Order 330- Street, Qrcle !Ego- ag*, Oder 436; Saloom, Order 378, 41.,tkinek, - Order 372, Fischer, Order 486 and ratore', Order 494 are distinguishable as trl.n,vcri.ving dual purpose use coupled with ..11X0-tata. t'eimbursement. ' (e) •.palitoe,' Opinion 89-011, under Act 9 of 1989, ' .'restricts the utilization of office, peXstnnel and equipment for private .activities only as to offices owned by the _ , ecrnmnwearth. • • (f) . 1.11aer, Opinion 90-013 interpreted Section 3 of Act 9 of 1989 as not barring a campaigk• paid telephone in the state office. .A state leg may lease from a private vendor la district, office; the legislator is entitled to exclusive use of the- district office and the legislator may, seek reimbursement to the extent for legislative duties. . • • • , • (6 ) The legislative assistant in his district office s isistent1y exceeded the 37.5 hour per week .Y.bq ab to performing legislative related odikties. (7). t The: duttide employment questionnaires for Maria ,reflect the following: in 1983, 1 hour a dar,'MondaX through Friday as a legal secretary to S26. Freitall, IA 119,80, ninety percent of work is legislative with the remainder of time as legal ;14.I95egreta,ry anzi, in 1979, twenty percent of work as secreary. • (sly he earcatirea payroll information as to ia rahpLIE xfaflects inter alia duties go atimilblastratiVe:, clerical and of tglipihr 44App9rt Witk Apecit minimum biottms. ( " ; The tgae 7 0.f.:41n extnaraely riva Alatamea. =mule .t,. Te Atiagari, 43erszabal and katitiati lgou 3' StehjY1191t7itiatil.70 , of 1178 all %kegs,gazigge ( 4 . :?f your atipa-it and .staff (cralpa*vg dikcX with oe.s 1 4:P&P APt9V-on , ctr /Ay& dziEf 94949•- lr.. F. Freind Page 4 44 (]:O) .T ee Ethics Commisa.i.nn .case L,C- -CoI- 8'2• =51 t.only stands for the p rop+p iti! n }_that , . tho :personal l easing of word processing .egi.rment v r gpersonal use within a legislative .office 'is prohibited only in . estate rwned Offices. ..w (II) On several occasions, it .,was . your 'law practice or :- campaign committee which fully funded the Aegis office at _the -end of each legislative teen . (12) The transfer. :of the law practice from a separate location .to: the 'district office, was done for two reasons: (a) The _ desire to have -the law - office : in the legislative district office so that you would always be accessible to your constituents. ( The income from the law-practice permitted the legislative office.to .exist Gcft III. Discussion: ' : I' . : +" . 4' Initially, it is noted that of the two allegations in this case, one relates to Act 170 of 1978 and the second . relate+s -to .AoAt 9 :;f 1989. Under both Act 170 of . 1978 and - Act 9-of 1985? Stephen aFre>nd r, hereinafter Freind, as a member of the Pennsy]vania' se Rof Representatives is a public official as that term is defined in both Acts. Rieger, Order 680; Caooabianca, Opinion 89 014 12_j-1.tag- ,such, his conduct is subject to the provisions of ;botirlaNstt and restrictions therein applicable to him.' ., • _ . t.u.171i c *Under Section 3(4)-i of Act 170 of _ 1978 guoted tabcivehrthis Commssior4 has determined that• use of ..office-=or byAr:?ptiblic official to obt'ain nartciai <gai s, - for himself : ra. a - member ; Qf:'�bis ;- immediate f ly Or ra busilitess with which he is; assaciatedrwhi4'is not provided for "in law "traisgresses` the above provision iaw. Thos use :of office by a public official to. .obtain a financial gain which is not authorized as , gart of his.' compensation is. prohibited-by 3-(a) : Hoa Mct .tdhec3fi''v "'State Ethi s. Commission," 77°' f ommw:. : 529, 466 A :2d '2 (f9$' ` ; ''1aCo dt v State Ethics Commissi©nV 109. Pa. Conunw. � A'F .536 - x`5987 ). .;Similarly, . Section"3(a) -bf +tide .Ethics . 3pul t t5�1[ S t ea p ib'1ic "official/employee; . fromt.nsing- apublic office A e `'iiiidkebts - Koslow vvi ��terte �€.thics Commission,. 146 �aT - s p public Pa. W: f4, X48�A: 1374 (1988 :.tikewise• a : •4 ' 14144 -SteEken • Freind • 41 -1 9ffi4al/emp4oyee'maYtngt use the status-or. position of tiffiee • fOr,hiS own 84-015. A' • As to SciV4 44) of Act 9!f 19U,. dA.torifliet is defined as f4llONS:1: 1Lv /4' A Section 2. Definitionell .'1t. -°Conklict or conflict of iNtereft:" Use by a public official or public empirei-f the authority:of office ar. any confidential Information received through his holding publiaioffice or employment for the private pecuniary benefit of himself, a member of. his immediatedamily or a business with which he or a member of his is associated. "Conflictf.: o 'conflibt 'car interest" does not include en!,action having,a de minimis economic impact-or whichaffects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes-the public official or public employee, a memben his immediate family or a business with which he or a member of his immediate family is associated. This provision of.law in part restricts •a public official/employee from using the authority of office or confidential information for a private pecuniary benefit for himself, a member of his immediate faMilYor:business with which he or a member of his - immediate family is.,assOciated. - From.the inception of Act 9 of 1989, we have interpreted Section 3(a) of Act 9 of 1989 prohibiting the use of public facilities for private pecuniary benefit.- Thus,.in Pancoe, .Opinion 89 as to the guestiOn,of whether-a staff member of the General Assembly could provide private contractual services,tomembers-of the General Assembly, we determined: In applying the ebove prOvisions.of.the Ethics Law to the instant matter, we-note Section 3(a) of the Ethics-.Law'does-mot prohibit public officials/employees outside business activities; however, - the public official/employee may not use the authority of office -for the advancement of his own personal'ffnancial gain. Thus, although you, are not prohibited under Section 3(a). of the Ethics_Law.from entering into a partnership whichwould_provAde :consulting marketing services, you4could'iiottperfuirdwyour private business using CommonWealth facilities .'ot • Mr. Stephen F. Freind - Page 42 Pancoe, at p.4. personnel - . Tn particular you could not use the telephone, postage, staff, equipment, research materials, personnel or any printed /drafted material as a means, in whole or part, to-carry out . your private :business activities. Ih' addition, you could not during Commonwealth working hours, solicit members of the General : Assembly or others to promote or conduct your marketing and consulting business. Subject to the qualifications noted above, Section 3(a) of the Ethics Law would not prohibit 'you from entering into the private partnership arrangement. t .. The issue before us is whether the use by Freind of the office; and facilities situated at 2 Brookline Boulevard, Ravertown 'not -only as a legislative district office,'but also as a private law office and for re- election campaign activities violated Act 1.70 of 1978, and secondly, whether such use as to his 1990 re- election campaign violated Act 9 of 1989. The facts in this case:are• essentially not in dispute. Freind leased office space at 2 Brodkline'Boulevard, Havertown in 1976 following his election as a ' representative for the 166th Legislative District. Thereafter,if 1977, Freind moved his private law practice from a separate location `to the 2 Brookline Boulevard office. The office consists of two rooms; one is used as the office of Freind and the second by his legislative assistant /legal secretary. The law practice was'originaflly a partnership between J. Michael Willmann and Freind which} was fin terminated in 1988. Willmann did most of his legal work'ovct of his home and did not have a desk at the Brookline• office. The sign on the door at the Brookline office states "State Representative Stephen Freind /Law offices Freind and Willmann. Likewiee, there are two signs in the office windows: "Law office John W. Willmann and Stephen Freind "-and " State Representative Stephen Freind's District Office. " - Finally, the local Bell Telephone Directory has three listings .for-the-telephone ainstalled in they Brookline office: "Freind, Stephen 'atty. ", "Freind, Stephen State Rep." and "Willmann, J. Michael atty." The record reflects that Freind received reimbursement from the Commonwealth of Pennsylvania for rent for his district office amounting to $4,500 -in 198 1988 , = 5,11-0 -.n 1989 and' - $1,275 kn 'x.99O r Freind's district off ndw waipk i j r "1957rthr+ u,gh l arch of 1990; $15,550 was received,as,frqWw4sement, rent from ,the --Commonwealth leaving a remainder of $1,000 as the cost attributable to the law office from Mr. 'S ph n F "Freind Paige 43 1987 =t'A' a cl'ir"fb "r9 Note onl i. was 'the r ols in - out i s `; -d' tArect`'$ffieg aid .$di 6tfiae Bi `wa's ai o u occasio -, as. '7E 1 ction'ettmpaign"'office.'' addition, Freind utilized the services of his legislative assistant, formerly 14 &icy Mn De1Pizg9" a# eurren €ly -Mary Cri'ili, to partOrrn orega1 servfeas 47b 2w411 = as - legislative work. As ,-to compensation paid to? t e1egislative assistant /legal secretaries, 1. R there was no proration of their salaries paid by the Commonwealth Freind: did - supplement -their salary so as to compensate them for the slegal': s`'� they performed During the _ period ; of the employment of Mary Ann= -Delpizzo, the legislative: wor4- had priority except during the ti►me4 tbat .- she - was ; working - en "tie book written by Freind, "God's Childreny' DeIPizzo-also performed legal services for Freind.- As to Maria she also served as legislative assistant and legal secretary. Cahill filled outside employment questionnaires wherein she indicated that in 1983 she performed legal secretary services approximately 1 hour a day Monday through Friday, that in 1980 she indicated that 90 percent of her work was legislative with the implication that 10 percent was legal and finally in 1979 Cahill indicated that 20 percent of her time was utilized for legal work. At the district office, both Del Pizzo and Cahill performed work for the Freind re- election campaign. In particular, letters were prepared for the 1990 campaign with the 2 Brookline Boulevard address. A campaign letter was typed at the district office, but taken to a printer for reproduction at . campaign expense and disseminated by volunteers. Such occurred in prior years as far back as 1984. One campaign letter in a prior year referenced an event and directed that persons could inquire of Maria Cahill at the district office. (Fact Finding 20). Similarly, a second campaign letter for the 1990, relating to the pro -life movement, sought support both as to assistance from persons who could help with the campaign by filling out a form and returning it to the campaign address "as well as making contributions which could be 'sent to the district office at 2 Brookline Boulevard. The campaign finance statement which was sent to the Delaware County Board of Elections by cover letter of January 30, 1990, listed the district office on the letterhead. rc The record reflects (Fact Finding 24) that various e,nrses, related to the district office were paid by Freind fp13,9w9li by the receipt of partial reimbursements in most cases-. . T to g..r expenditures as to rent, the legislative assistant,.nfk equipment, utilities and supplies as well as the M9 of reimbursements are reflected in Fact Findi - A�, Br,combining the above three categories, it is noted thht , Put.44a1t expenditure from January of 1987 through March of 1t ; Haunt s it= the office as a district office, law office and a partitinie office. amounted to $50,968.51 with $9,925.95 being paid by Freind (Fact Finding 26). Mr. Stephen P. Freinck, Page 44 - • •4-11, .1, .P.4‘ Although the facts ' ...as noted" above, are almost exclusively uncontested, the legalATOlication of these facts is in As :to Whether the above zactivinles Freind violated either SebtiOn , Of -Act _17,0 cf 119T$ _Han-Act :9 5:cif:MEM., we are compelleditot-fipd '4Ep1et1idhs of Section:33W under bu#h Ants. • , c - r4 4 :vca- fa- . , We will now omev*ew r#he component, .eltmen0, o 4.10Wadir both Acts. - ',InitiAN4y, we moat rdetermime,w4ethee tr*414 ib001 qkJuidf of office under.Act cif Me or . a use of authOritby qbf.44fgide 'Uhaer Act 9 -of 11119. an 'bath linblgances., Freind in hLit, tatodoiWy Stiite rgtoentatimeatail:ekenteci,„ had tie c1O IP,444Stisp ' 1;egiAletive_illostotiVt eififteq. -4.10 welreCr'CkOlgd 41450 -4°"-14=ire ;that - 91 6 titctreJnot WaYgtor codietT'idt efg*WIPla 4.414 ? Praelt. aMmia -reillOteutilacq auptilmigp such action b.14 ,#1r4m4 A (could ,not occur but for t1f fd.dt thIit he is a _state .r entaf led :a .ute di -Office Under 7 .Net '170 of . 19.78 CloiagaLiperderAgn,fasz ve14. as a use 'bf auLtho -vof dt4ee 'Under A.ct ,8 Ace M9 itaatwatiiiracalt :Opinion 89-01.474). L. t: , .Seconelyy - the ulne..mt loft 4b.g 'use Pc9"r c n. rated j.n financial-galn 9: or by 14ftw PUder At 170 all 178 - regal/Um the : 13 4 30 tl;tet office and mAtenditnt facilities I� a his private law bbstntss and 1 ctsW431441 arttwitiv3 Ilthe use pf disX24 1990 re- elleVtigui tzettlyentign actxVities was pplivatfe ZO benefit to freind Ander itict 9 of 19439. Reiter, , suprap )60.01$141fora- Freind proffelos numerous arguments , a4r. to NAity the alAgye activities are tot - Yiagave of the Ethics IJaw. The atwombatt basically fall into either of two categories: - that the dual p4rpose use of an office coupled with e proration of e3rpenses, doe$ nOt /-pOotot* a financial gain or a private pecuniary benefit with the toftAeguence that there arguably can be no violation of SegOlon 3(a) under tither Act and secondly that the - priQr.74precedentt of tbis Cf::W[1446n under both Act 170 of 1978 and Act 9 sf,1989 Nouad . allow for the above dual purpose utilization of the district pffiee without contravening the Ethics Law. When closely scrutinized, both of the foregoing arguments are unavailing. As to the.first. argument, the inherent flew Contained therein is based upon the 16u1ty„premise that there can be no violation if a proration isin&1e based_upon- a break down of till* UOlized for legislative versus non-legislative activities at the district Office. In particular, Freind argues that if he seek d reiMbilibeitient from the Commonwealth of.:Pennsylvania based on a proration which does not exceed the_amount of time utilized for legislative r&ther than non- legislative activities, then there could be no financial gain or private pecuniary benefit. To the contrary, it is incontrovertible that the office at . 2 Brookline Boulevard as= a law office,. as well:' as an occasional;, camp:. • re- 'eection of f'ice would" have existing operating expenditures, regardless ,of- wh'Lther any law prat the.: business was : generate4b Thus, if it were not for thy' legitititikre office being_ located;. in the same building with a consequent entitlement: from:. the- Commonwealth, for retntbur-sement, Freind would' have been required to outlay funds for rent, a legal secretary, utilities; equipment and supplies regardless of whether he conducted any law practice activities or received any income from his law practice. But for the integration of the law office and district office, Freind would have to outlay the above enumerated expenditures regardless of the amount of business or income received from the law practice. Taking the argument to the extreme, the theory would be that the law practice (in isolation from the district office) would only pay for rent, a legal secretary, supplies, equipment or services only to the extent that such were utilized.. Obviously, such expenditures would be obligations. even if there were no activities or income therefrom as to the law practice. Such is typically the case in the start up of new businesses which do not generate income for a period of time but do require large out -of- pocket payments for operating expenses. With the Commonwealth providing reimbursement for the district office,. 'such payments serve to underwrite the law office to the extent that Freind conducts no or little law practice because the law practice is open, operational and available for business during such time: Clearly such is a financial gain as is evidenced in the three year period where Freind only had to pay less than $10,000 for re#7, office equipment, utilities and supplies as to his non - Tegislative law practice or campaign activities. (Fact Finding 25). Tle'financiah gain becomes more apparent by breaking the above down as to rent alone. Freind only had to pay out -of- pocket rent for his law office of approximately $1,000 from 1987 through March, 1990 (Fact Finding 13). Turning to the Act 9 of 1989 aspect of the 3(a) allegation, the allegation solely relates to use of the district office relative to the 1990 re- election campaign. Based upon our decision in Pancoe, supra and the above analysis,we restate that public office is to be used solely for the public purposes and not for any private, business or campaign activities for private pecuniary benefit. Such activities are clearly contrary to Section 3(a) of Act 9 of 1989 and the activities of Freind in utilizing the district office, telephone, utilities, supplies or postage relative to the 1990 re- election campaign violated Section 3(a) of the Ethics Law. Freind, however, argues that such activities are permitted based Uls§h prior Commission precedent. In particular, it is argued that ribs precedent such as Cessar, Opinion /12 -002 under Act 170 and Opinion 90-'013 under Act 9 permits such activity. It is also Mr. Stephen F. Freind Page 45 Mr. Stephen F. Freind Page 46 asserted that various other adjudications are ell ttnguishable bsi 014 theory that they either concern state =owned facilities or ao fibt involve the element of proration. In responding to the second argument, we initially note that nowhere have we considered or accepted any type of distinction, ai being meaningful, regarding whether an activity took place in a state -owned facility versus a rented legislative district office or a so- called dual - purpose office. In Street, Opinion 81 -005, we held that the legislative district office of a state senator could not be used for personal fund raising by an independent group on the basis that such would be a financial gain other than compensation provided for by law contrary to Section 3(a) of Act 170 of 1978. Similarly, in Reiner supra, which also involved inter alia the use of a district office for re- election, campaign activities, we held that such activity violated Section 3(a) of Act 170 of 1978. See also, McClatchv, Order 130. The main opinion relied upon by Freind in support of his position is Cessar, supra. The specific holding in Cessar was that a state representative could not use his district office for the conduct of campaign re- election activity even if an appropriate accounting system for reimbursement or payment could be devised on the basis that such would be an appearance of conflict with the public trust. Itis true that there is dicta to the effect that, assuming an acceptable A accounting system could be devised to pay for the utilization of the office for campaign purposes, then such would not be an inherent or per se violation of Section 3(a). of the Ethics Act. We expressly reject that dicta at this time and reaffirm the result that the use of the district office for campaign purposes is prohibited by the Ethics Law. The clear basis for such a finding is not merely the appearance language but the express language of Section 3(a) of Act 170 of 1978. We follow our recent decision in Reiner, supra and find that the use of the district office in this case for non- legislative matters violated Section 3(a) of Act 170 of 1978. The opinion in Bell, Opinion 84 -013. wherein we opined that a re- election bumper sticker on a leased vehicle for . a member of the General Assembly was permissible, is distinguishable on its facts which are "... differen[t] ... not only of kind, but of degree as well." Id at p.3: Likewise, under Act 9 of - 1989, the 1990 utilization of the district office for campaign re- election activities violated Sections 3(a) of .Act 9 of 1989. The argumeht =that- a holding would be at odds with Hafer, supra wherein we allowed the utilization of a private phone paid- at campaign ' expense` in the - Auditor General's Office,= is unavailing. Hafer, supra was expressly upon the factual condit+i, that . there was no private pecuniary benefit. In the instant matter pecuniary benefit exists where, as noted above, the COmmenwealth'is paying for the daily operation of the . district office regardless of the amount of time spent for private, iii f; Ffeifid Page 47. lega-i &i dimpalOdattlVitiOr-end regardless of'the amdlunt:o121elmg: or iheONtgenff&t8d from the law practice business. , Atcord g y, non-Pay1lt4fitloyckZbind either from Ott-of-pocket expenses; his law practicd-;8*cge-eihttloh campaign for the day-to-day operAtion of the Offite=4e2.1iratikiihe With the inherent tixed obligations Of tonthIyrent, utliitibb regardless of the amount of non. le4iSlatijeaactiviites is a private pecuniary benefit to Freindl ,7 ' Although wila dol not diktute Freind** argument that the-combining of the district offic*.rahO'hih private law practice makes him more readily accessible to his dohstituents, we must be guided by the provisions bt Sebtion 3(a) tl Act 170 of 1978 and Act 9 of 1989 as well as 'the lAn4tAge in,the preaktble of the Ethics Law. 'a% tibtt4 414ov*, wre fit& th'atFreind violated Bections 110 c�f - Act I'M 13i 4t/8 aftra At 0 of 1989 in engagihq in the above ct\rtis tVeEna is directed within 90 days of the date of this er : ed separate his priVate law practice from the legislative istrict office. In addition Freind is directed to ensure that no campaign activities occur at kts district office and conversely to ensure that his district , office, personnel, or equipment is not used 'any 'non-tegislative activities which would result in a private pecuniary benefit. 9 - • IV. Conclusidns of Law: 1. Stephen F. Freind as a member of the Pennsylvania House of Representatives for the 166th Legislative District is a public Official subject to the provisions of Act 170 of 1978 and Act 9 of 1 2. Freind violated Section 3(e) of Act 170 of '1978 when he used his district office, and attendant facilities to conduct his private practice of law and engage in re-election campaign activities. 3. Freind violated Section 3(a) of Act 9 of 1989 when he utilized his district office, and attendant facilities to engage in 1990 re-election campaign activities. • cs.. ▪ "."" • ▪ .• • • •-• In re: Stephen Freind ORIDER No. so ...- I. Stephen F._Freind as, a, Representatives for t 166th Ldgislative_District violated Section 3(a) of the Act 17O of 1978 when he used his district office, and attendant facilitieto conductfhis private practice of law ant enOin‘ . . in re-election campaign activities., 2. Freind violated Section 3(a) of Act 9 of 1989 when he utilized his officS, and attendant.' faci4ties to .• engage in 199Q re-election campaign activities. 3. Within 911-days o.fthe issuance of this Order, t Freind,i‘ directed to separate his private-law practice his legislative , district office, 4. Freind is directed to ensure that no campaigq,r!a-le3,ecti,on activities Occur at his district office and the_d4trict office, personnel pr equipment is not used for agn- legislative-activities which would result in a private pecuniary benefit. v.: , - Commissioner Robert .W Brown did not participate in this matter because he Acted _as single presiding 6fficer and rscused himself pursuant to 51 Pa, Code. S2.34(d). _ , _ Commissivner- Austin M. Lee dissents.. : Pile, Docket 0 911 40.1 - g?, Data Decided; : Date Mailed: --rune /ELENA G. HUG ES, CHAIR ,