Loading...
HomeMy WebLinkAbout814 Danylor In Re: David Danylo STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 1 : File Docket: 90- 034 -C2 : Date Decided: August 23, 1191 • Date Mailed: September 3; 199f Before Robert W. Brown, Chair Dennis C. Harrington, Vice Chair James M. Howley Daneen E. Reese Roy W. Wilt Austih M. Lee James P. Gallagher The State Ethics Commission received a complaint regarding a possible violation of:the;State Ethics Act, Act 9 of 1989, 65 P.S. 401 et. seq. Written - notice, of'the specific allegation(s) was served at the commencement of the investigation. A Findings Report was issued and_served,.upon. completion of the investigation, which Qnstitnted the Complaint by the Inv .estigat'ion Division. " An Answer was and a hearing 'waived. 'A The record is complete. This adjudication tie' Commission' is hereby i sued' 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`pubblic document fifteen days after. issuance. However, reconsideration may be requested which will defer public release of this adjudication penling action on the request by the Commission. A request for recOhsideration, however, , does " not affect the finality of this " ' 1 adjudication. A reconsideration request must be received at 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 52.38. 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, 65 P.S. 409(e). I. ALLEGATION: That you, a Councilman for Monaca Borough, Beaver County, violated the following provisions of the State Ethics Act (Act 9 of 1989), when you participated in decisions of borough council to award a contract to C.T. Stefanik, Inc. and then acted as a subcontractor for C.T. Stefanik in relation to that contract; and when you participated in council decisions to expedite payments to Stefanik: Section 3. Restricted Activities (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. §402(a). Section 2. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or -a business with which he or a member of his immediate family is .associated. "Conflict" or• "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member or his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. 5402. II. FINDINGS: 1. David Danylo serves as a member of the Monaca Borough Council, Beaver County, Pennsylvania. a. He has served in said position since January 1988. b. He serves as Chairman of the Borough's Water Committee. c. He also served on the Recycling, Building and Grass Committees and the Parking Authority. 2. The Water Committee was generally responsible for overseeing the operation of the borough's water system and for reviewing and discussing ongoing projects as well as new or proposed policies and handling complaints from the general Danylo, 90- 034 -C2 Page 3 public. a. The chairman is responsible, for overseeing the committee meetings, signing bills, setting the agenda'as well as other committee actions 3. David :Danylo is the sole owner of the Dependable Plumbing & Heating Company located in Monaca, Pennsylvania. a. Danylo is the sole employee of the company except for part -time help which is utilized on an as needed basis. 4 r b. The company has been in business for approximately eight years. c. Danylo is certified as a Master Plumber. 4. In 1989, the borough initiated a rehabilitation and extension of the borough water system. 5. The 'records of Monaca Borough reflect that the Borough applted for and received a PENNVESTioan to undertake the Water project'which began in 1989. • The project ''was ,dlwided up into four phases each of which was advertised for bid. The' Pennsylvania 'Infrastructure Investment Authority ( PENNVEST) is a Commonwealth entity that was created to assist in funding the acquisition construction, improvement, expansion extension repair or rehabilitation of all or part of any facility or system for the collection treatment or disposal of waste water or for the supply... treatment storage or distribution of drinking water. 6. Minutes of the Monaca Borough Council meetings reflect the following actions taken in regard to funding the proposed Water Project. a. May 9, PENNVEST Program.- Motion,was made in' Neiman, seconded`by Danylo, authorizing approval to submit an application to the Commonwealth qQfPennsylvania for funding assistance under the :.PENNVEST Motion carried unanimously. Present: Primo, busold, White, Simpson, Nicki, 11 4Y 1 , 1 04-6941 , 434-C2- Pag 4 AL b r Rroskey, Neiman, Rossy, Manzo and Danylo June-11,, 1988: Present: Simpson, c. February 27, 1989: V ) 7 ! v Motion ras made by Kroskey, seconded by Neiman, to read Resolution 14-88. Motion carried 'm amSous1y r / 4PC1 ' .1 Resolution 1+788: ' that the Borough of Monaca shallbe, and the same hereby are lauthorized the sum of $1,796,053.00 from the Pennsylvania Infrastructure Investment Authority, upon such terms and for such period as shall be required by said Pennsylvania Infrastructure Investment Authority for the purpose of financing/partially financing the construction, rehabilitation and extension of the drinking water supply system, and to give such security as shall be required by the said Pennsylvania Infrastructure Investment Authority, and in connection therewith to pay for such professional services and other necessary expenses incurred in connection with obtaining such financial assistance. Said Borough of Monaca is hereby authorized to execute all certifications and documents in the application, processing and security of said application. Motion was made by Neiman, seconded by White, to accept Resolution 14-88 as read. Motion carried unanimously. Nicki, Kroskey, Primo, Dusold, White, Neiman, Rossy, Manzo and Danylo Rroskey made the motion to read the heading only of Ordinance No. 783A, third and final reading. Neiman seconded the motion. Motion carried unanimously. Ordinance No. 783-A:. An Ordinance of the Borough of Monaca, Beaver County, Pennsylvania, amending Ordinance No. 783, which authorized the issuance of a general obligation note to the Pennsylvania =, Infrastructure Investment - Authority in the amount oti,$1,841,283.00, by adding Section VII (a) ;,, providing for the creation of4 sinking fund and the designation of a sinking fund depository and v Section VIII to reflect the note shall Danylo, 90,034-C2 Page .5 be issuedat par. NeimaknAhen made the 14c4ion to accept Ordinance )„...". No. 2 Motion Uas-seconded by Kroskey. _.. - Motion carried unanimously . , Present: Nicki Kroskey, Primo, White, Neiman, Rossy and Manz° Absent; Dusold, Simpson and Danylo . ,. , .. Peinzuarv- 12, 1990: Motion was then made by Danylo, seconded by Pranskey, for authorization, for Lennon, Smith Souleret Engineering, Incorporated to prepare plans and specifications for additional water improvement projects under the PENNVEST Program. Motion carried unanimously. Motion was made by Danylo, seconded by Pranskey, for approval of the Engineering agreement with Lennon,. Smith, Souleret Engineering, Incorporated far the purpose of preparing engineering requirements for additional water related project, under the PENNVEST Program. Motion carried unanimously. Present: Dusold, Pranskey, Mickey, Javens,'. Taormina, Manzo, Primo and Danylo Absent: Kroskey and White e. April 9, 1,990: f. May 14, 1990: T.' '1*Y On April 4, 1990, a letter from PENNVEST statipsc that the $399,055.00'was approved. -. • Present: Mickey, Dusold, Primo, Pranskey, Javens, Kroskey, Taormina, Manzo, White and Danylo Motion to read. Resolution No. 10-90, heading only, was made by Mickey, seconded by Taormina. Motion carried unanimously.--. Resolution No. 10-90: A Resolution of the Borough of Monaca, Beaver' County, Pennsylvania finding that the sale by negotiation of a General Obligation Note in Danylo, 90- 034 -C2 Page 6 the amount of $399,055.00 the Pennsylvania Infrastructure Investment Authority is in the . best financial interest of the borough; and accepting the written offer of;the Pennsylvania Infrastructure investment Authority to loan the aforesaid, sum. Motion to accept Resolution No. 10 -9,p was then made by Mickey, seconded.by Taormina', Motion carried unanimously. Motion to read Resolution No: 11 -90, heading was only made by Mickey, seconded by Manzo. Motion carried unanimously. Resolution No. 11 -90: A Resolution of the Borough of Monaca, Beaver County, Pennsylvania authorizing and directing the borough to secure a loan in the amount of $399,055.00 from the Pennsylvania Infrastructure Investment Authority and the taking of action_ necessary or proper in connection therewith. Motion to accept Resolution No 11 -90 was then made by Mickey, seconded by Manzo. Motion carried unanimously. Present: Primo, Pranskey, Mickey, Taormina, Manzo, = White -.and Danylo Absent: Javens Dusold and Kroskey 7. The actual construction of the project was initiated in 1989 after the solicitation of bids on the various aspects of Phase I of the project and the award of contracts in relation thereto. 8. The Water Committee was active in soliciting and reviewing Phase I bids and reviewing the payment of bills in relation thereto. In 1990, the borough. initiated Phase II of the Water Project through the solicitation of bids. 10. The solicitation for bids was published on two occasions, April 25 and May 9 , ` 1990. am, ti The scope of the work to be performed included the construction of appro *imately 1,360 linear feet of 8 ", 20 linear feet of 6 ", 20 linear feet of 4" Danylo, 90- 034 -C2 Page 7 water line and all appurtenances. This contract also. includes approximately 21 new gate valves and valve box'replacements (8" through 4 "), and 10 new fire hydrant replacement installations and all appurtenances at different locations throughout the borough. 11. Records of Monaca ,Borough indicate that a'bid takuiation was prepared by Del Smith, of the, firm of Lennon,, Smith, Souleret Engineering, Incorporated, in regard to the Phase II, Contract 1 of the Borough Water Improvement a. Five bids were reviewed b. The contract was awarded to the low bidder, C.T. Stefanik, Incorporated at $1501783450,..- c. The four other bids range from $169,165.00 to , $268.060.00. d. In a . cover Letter, dated May 25, 1990, Del Smith . recommends awarding the contract to C.T. Stefanik, subject to recommendation by the solicitor and presentation-by Stefanik of satisfactory documentat,pn_of certain information as required in:the bid instructions. 12. The bid submitted by C.T. Stefanik, Incorporated contained'a statement that: "No officer, agent or employee of the owner" (Borough) "is personally interested, directly or indirectly •in the proposal' and the accompanying contract or the F . compensation to be paid hereunder ". 13. The Water Committee played an :active role in reviewing bids bills and other matters 'relating to Phase II of the project. 14. Minutes of the Monaca Borough Council meetings reflect the following in regard to awarding the Phase II, Contract I, portion of the Borough Water Project. a. June 11, 199a: Regarding,the Phase II PENNVEST Water-Project, Kroskey motioned to award bieto C.T. Stefanik, - Incorporated for Phase II ( ` to the water system in the amount of $158,783.25. Taormina seconded. Motion carried unanimously. Danylo, 90- 034 -C2 Page 8 Motion was made by Kroskey, seconded by Danylo, to read Ordinance No. 788, heading only, third and final reading. Motion carried unanimously. Ordinance No. 788: An Ordinance increasing the indebtedness of the Borough of. Monaca, Beaver County, Pennsylvania, by the issuance of a General Obligation Note to the Pennsylvania Infrastructure Investment Authority in the amount of $399,055.00 for the purpose of repairing and rehabilitating the Monaca Borough Water System; fixing the form, number, date, interests, and maturity thereof; making a covenant for the payment of the debt services on the note; providing for the filing of the required documents; and authorizing execution, sale and delivery thereof. At this time, Taormina made the motion to approve Ordinance No. 788. Motion was seconded by Danylo. Motion carried unanimously. 15. The agreement between C.T. Stefanik, Inc. and the borough was executed on June 29, 1990. 16. Minutes of the Monaca Borough Council meetings reflect the following actions in relation to the payment of bills for work performed by C.T. Stefanik on Phase II of the Water Project: a. August 13, 1990: . List of bills for August with the following additions were received by council: C.T. Stefanik, Incorporated - $9,198.00 B &B Construction Co. (Final Pmt) - $68,531.99 Danylo motioned to pay all bills except B &B Construction Company, seconded by Primo. Motion carried unanimously. B &B Construction is to be sent another letter regarding hydrant and sod replacement. Present: White, Dusold, Pranskey, Mickey, Javens, Kroskey, Taormina, Manzo and Danylo ' September 10, 1990: After discussion regarding brand of fire hydrants Danylo,-90- 034 -C2 Pag, ,, 9 purchased from Famous Supply Company, Kroskey made the motion to pay bills with the following additions,.Danylo seconded. Motion carried unanimously. c r , • , Additions Follow; q , ;C - .i: Stefantk, Incorporated (Contract 1, a.' +`t to Line Improvement) - $25,830.45 Lennon, "Smith, Souleret (Water System ImprOVeperit) - $6,251.71 Lennon., Smith, Souleret (Phase II Water System Improvement) - $6,323.00 ;. Danylo then motioned to accept Change Order No. 3 - Contract "B" - Well No. 14, Kroskey seconded. Motion carried unanimously. Present: Primo, Dusold, Pranskey, Manzo,'Mickey, Javens, Kroskey, Taormina and Danylo Absent: White October. 10, 1990: Mickey motioned to approve with._the following two additions, pending review of bills by Manzo,primo seconded. Additions follow: C.T. Stefanik - $35,071.87 Motion carried unanimously. Danylo motioned to approve Change Order Numbers 1 and 2 to Stefanik regarding Phase II, Water Line Improvements. Javens seconded. Motion carried unanimously. Present: White, Primo, Pranskey, Mickey, Javens, Manzo and Danylo' Absent: Dusold, Kroskey and Taormina d. November 13, 1990: Mickey motioned to approve payment of bills with the following additions. Seconded by Kroskey. Motion carried unanimously. Danylo, 90- 034 -C2 Page 10 Additions: C.T. Stefanik - 46$,676.21 Lennon, Smith & Souleret - PENNVEST Administration - $232.00 (Under PENNVEST) Administration Phase II, Water System Design - $5,160.00 Motion to request additional PENNVEST funding up to $200,000.00 for water system improvements was made by Danylo, seconded by Kroskey, motion carried unanimously. Present: Primo, Pranskey, Manzo, Mickey, Javens, Kroskey, Taormina and Danylo Absent: Dusold and White f. December - 6, 1990: Edward Stefanik, C Stefanik, Incorporated, asked why he is not being paid, he further stated that Monaca Borough is becoming known as "deadbeats" among contractors and that, when bidding, contractors would be charging Monaca Borough a higher price because;;of being slow payers. Attorney Urich.informed Stefanik that his contract clearly states that contracts will be paid as soon as monies arrive from PENNVEST. Mr. Urich also told council that what Stefanik was inferring was illegal and they possibly should investigate price fixing by contractors. a. Mr. Mickey motioned to approve payment of bills with the following additions: C.T. Stefanik, Incorporated - $9,700.20 Mr. Kroskey seconded the motion. Motion carried unanimously. b. Mr. Danylo then motioned to make payment to contractors working under PENNVEST contract from other borough funds and reimburse when PENNVEST monies are received. Danylo, 90- 034 -C2 Page 11 Motion was then made by. Mr. Javens requesting an Executive Session, seconded by Mr4 Taormina. Motion carried unanimously. Council reconvened at 9:30 p.m. Mr. Danylo motioned to rescind his motion. .. . Motion to adjourn meeting and pay all bills by Mr. Mickey, secoided.ky,,.. Mr. Taormina. Motion carried" unanimously. _ 4 , ; : Present: White, Primo, Dusold," Pranskey, Mickey, Javens, Danylo, Kroskey and Taormina 17. Dependable Plumbing & Heating performed work for C.T. Stefanik,. Incorporated in relation to the Phase II ,pgntract that Stefanik had with the borough. 1 8. By way of, letter. dated November 15, 1990 to the borough manager from C.T. Stefanik, Incorporated, a list of_ subcontractors utilized on Phase.II, - Contract I by Stefanik was provided. The list included.: Dependable Plumbing & Heating, 1601 Avenue, Monaca, Pennsylvania 15061, Phone: 728 -6237 ConstrpcttQn,,Tool Service, T,i Incorporated, 3500 erty Avenue, Pittsburgh, Pennsylvania 15201, Phone; 681 - 6673 Vince Morrocco, Concrete and Masonry, 1108 Wade Street, Aliquippa, Pennsylvania 15001, Phone: 375 -2112 19. Documents, of C.T. Stefanik, Incorporated include an invoice submitted by Dependable Plumbing & Heating for work performed on Stefanik's portion of the Monaca Borough Water Project. a. Invoice dated_ October l , , 1990 . Dependable Plumbing & Heating, 1601 Vi nia Avenue, Monaca, Pennsylvania 15061, Construction, Skyview Drive, Monaca, Pennsylvania. 1) . _ , - The_;, invoice . l i. sts . the following repairs: Directly under the invoice, repair gas Danylo, 90- 034 -C2 Page 12 t v" i fs ,de P 4 L line`and test on Blaine Road and Tew Street - $75.00. Repair broken s.line on-tiles and Flight appliance — $60.00.' P.. Repair cd °lineenc l°ligli' appliances at 598 Atlantic Avenn '- $50.00. Repair gas line and 52Et Atlantic Avenue Beech - Street tie in Beech Street tie in light appliance at $60.00. - $55.00. - $50.00. Beeci Street tie in 28 foot 3/4 copper, angl valve and fitting $175.00. Extra Copper = $35.00 Total - $560.00 2) The invoice indicates that the services were sold by Dave. 20.- Documents of C.T. Stefanik, Incorporated, include Check No. 3938 issued on October 5, 1990 in the amount of $560.00, issued to Dependable Plumbing & Heating and signed by Candice T. Stefanik a. The reverse side of the check is stamped with the instructions to credit the account of Dependable Plumbing &Heating at One Mellon Bank. 21. C.T. Stefanik, Incorporated had initiated construction on July 27, 1990, and on August 21, 1990 the work crew ruptured a gas line while widening a road. a. David Danylo was contacted in - order to have - . the emergency rupture repaired. Me work performed by Danylo was not part of the primary water project but was in relation to an •emergency that resulted from the work being ' performed . 22. David Danylo was utilized several times thereafter in similar situations regarding other broken gas lines and broken water lines. Danylo, 90-034-C2 Page 13 23. C.T. Stefanik was encountering some trouble in securing payment for bills that were submitted to the borough in relation to work performed on the Water Project' (See Finding No. 16(f)). 24. Danylo •became ' aware of this and questioned another councilman about this, a. He was advised that the engineers were not se in the estimates. from Stefanik. . T b. Danylo informed the councilman that there was money in the Water Improvement Fund to pay4 Stefanik until the borough could be reimbursed by PENNVEST. { r. c. The same day the other councilman talked with Stefanik, who was on the job on : Atlantic A,w!,41%. Stefanik explained that not being paid wa, o hutt.tng the company, because they were not able topa their suppliers. of Financ3a1 for David;_ 25. Records of Monaca Borough include Statements Interests oni file: with the Borough Secretary Danylo, which include the following: a. Filing Date: March 7, 1989 For The Year: 1988 Source. of Income: None Listed All Other Financial Interest: Categories: Filing Date: August 7 1987 For The Year: 1986 - Source of Income: Dependable Plumbing & 1601 Virginia Avenue, Monaca, PA 15061 Occupation or, Profession: Dependable P1 Heating (Owner) All Other Financial Interest Categories: None Heating, um)).ing & None 26. There were no other statements on file for David Danylo. III. DISCUSSION: As a Monaca,Borough Councilman, David Danylo, hereinafter Danylo is ae 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, Danylo, 90- 034 -C2 Page 14 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 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 provisions of Act 9 to determine whether the Ethics Act was violated. Under 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. In the instant matter, we must determine whether Danylo violated Section 3(a) of Act 9 quoted above regarding the award of a contract by borough council and the expediting of payments to C.T. Stefanik, Inca which in turn awarded a subcontract to Danylo relative to that contract. Factually, Danylo has served as a councilmember in Monaca Borough. since 1988 and serves as Chairman of the Borough's Water Committee which oversees the operation of the borough's water system, handles complaints and reviews proposals for new or ongoing projects. Iii a private capacity, Danylo is the sole employee of 'Dependable Plumbing & Heating Company which has been in 'business .for approximately eight years. When the borough initiated a rehabilitation and extension project in 1989 for the borough water system, an: application :was made to PENNVEST for a loan to implement the project in four phases. The minutes of Monaca Borough Council meetings reflect the following action as to the proposed water project: on May 9, 1988, Danylo seconds and votes in favor of a successful motion to submit an application to the Commonwealth for funding under the PENNVEST Program; on June 13, 1988, Danylo votes in favor of a successful motion t� adopt Resolution 14 -88 to request . the sum of approximately 1.8 million dollars from PENNVEST for the partial financing of the construction, rehabilitation and extension of the drinking water system in the . borough; on February 27, 1989, with Danylo absent; the borough enacts Ordinance No. 783 -A•for the issuance of a general obligation Danylo; 90 034 -C2 Page 15; note to PENNVEST in the amount of approximately 1.85 million dollars; on February 12, 1990, ,Danylo aaalCes and votes €or a , successful motion to..authorize the -firm,of Lennon, Smith, Sowerlet Engineering• I to prepewer plans and specifications for the water improvement , on April 1990, a' letter is . received from PENNVEST reflecting approval ..0 of approximately .4 million,dollars and`on May 14, 1990, Danylo votes in favor of two successful resolutions, the first to accept the loan offer of'PENNVEST.by negotiating a note in the amount of approxtmatel► * . .4 million dollars and the second-- for the borough to secure the loan from PENNVEST and take the necessary action to receive funding. t The project construction began in 1989 with the Water Committee being active in . solicitation and review •of • first phase of the pro ject` regarding the` bidding review and the payment of bilis . Phase LI began in 1990`with the solicitation .fortbids being published on two different occasions. The firm of Lennon, Smith, Sowerlett Engineering Incorporated prepared a bid: tabulation which reflected the re view of five and the recoimnendation of the award of a contract to the low bidder, C.T. Stefanik, Inc. Stefanik's bid contained a statement that no officer or agent or employee of the borough should be persona.ly;i ` " =` interested directly-or indirectly in the proposal, the subseguent,r .., contract or the compensation paid. ` r“ • As to Phase II of the project and the contract to C.T. Stefanik, the minutes of Monaca Borough Council reflect tYo. following: on June 11, 1990, Danylo votes in favor of a successful motion to award the bid to C.T. Stefanik, ' Inc . for ==��'� Phase II of the Water System' Improvement Project and also seconds and votes in favor of a successful motion to `adopt Ordinance 788 to increase' the` Monaco Borough indebtedness by the issuance tlf<a general obligation note to PENNVEST in the amount of approximately .4 million dollars; on August 13, 1990, Danylo makes and. votes « favor of a successful motion to pay all bills (except one of Ina; Construction Company), including bills of C.T. Stefanik, Inc.; on September 10, 1990, Danylo votes in favor of a successful motion to pay bills including C.T. Stefaniic, ;'on October 10, 1990, Danylo participates in the approval of two change orders as to the C.T. Stefanik, Inc. contract; on November 13, 1990, Danylo votes in favor of a successful motion' approve the payment of bills including an addition by C.T. Stefanik as well as recriesting additional PENNVEST funding of $200,000 and on December 6, 1990, following a complaint by C.T. Stefanik, Inc. that the borough is slow in paying its bills, Danylo votes in favor of a successful motion to pay bills of C.T. Stefanik, Inc., and then Danylo makes and votes in favor of a successful motion to pay contractors working under the project from boroucih funds which would be reimbursed upon receipt 'of PENNVEST rOney followed by a subsequent motion of Danylo to-rescind'th'e prior motion. Danylo, 90- 034 -C2 Page 16 Danylo was one of three subcontractors (Fact Finding No. 18) who did work for C.T. Stefanik, Inc.' relation to the borough contract. The work that Danylo performed for C.T. Stefanik, Inc., relative" to the borough contract, is outlined in Fact Finding No. >19 and totals $5'60. The subcontract' with Danylo was not for construction on the Phase II project but was in fact a repair which was necessitated when'C.T. Stefanik, Inc.. initiated construction and ruptured' a gas line while widening a road. - The #irk performed by Danylo- ` fiaas not part of the primary water o ect but was - an ' emergency service by the gas line irupture. As to the substantive allegation of Section 3(a) of Act 9 of . :198 , 9; 2 wd find that Danylo did not violate the Ethics Act regarding ". bhe. award• of the contract and the expediting of payments to C.T. t = . ' "S fatilk; ' "Inc. There is no evidence of record to establish a use "oOtie authority of office on the part of Danylo in the award of ir°tli e ontract or the expediting of payments to C.T. Stefanik, Inc. visa`- via•the award of the subcontract by C.T. Stefanik, Inc. to Danylo. In this regard, we note that the subcontract work that was performed by Danylo was not work on the water expansion ' L'�= ro of new construction but was in fact a repair to a gas :line ruptured by C.T. Stephanik, Inc. when they attempted to widen a borough road. Thus, we find no violation of Section 3(a) of Act 9 of 1989 under the circumstances. Amato, Opinion 89 -002. " " Parenthetically, we note that Danylo has filed Financial Interest Statements (FIS) for the calendar years 1986 and 1988 but has not filed the FIS for 1987, 1989 and possibly 1990. In =addition, we -note that the FIS forms for calendar years 1988 and 1986 do not list Monaca Borough as a source of income, and the 1988'year does not list Dependable Plumbing & Heating as a source of income. If Danylo received income of $500 or more from Monaca Borough in the calendar years 1986 and 1988, he must file amended returns for those years; similarly he would also have to list Dependable. Plumbing & Heating if he received income exceeding the threshold amount for the 1988 calendar year. Finally, Danylo is directed to file FIS's for the calendar years 1987, 1989 and lastly 1990, if he has not already done so. Regarding the FIS deficiencies noted above, Danylo is directed to file the forms or amended forms as noted above within 30 days of issuance of this order. Failure to comply will result in the referral of this matter for appropriate enforcement action. IV. CONCLUSIONS OF LAW: 1. David Danylo, as a member of Monaca Borough Council, is a public official subject to the provisions of the Ethics Law. Danylo, 90- 034 -C2 Page 17 2. Danylo. did not,violate- Section 3(a) of Act 9 of 1985 ,.....:: -:. regarding the award of, -a M o gna : Borough contract or the R =expediting of payments to C.T. Stefanik, Inc.. when Danylo up performed certain,acontract work for C.T. Inc. '13 of In Re: David pan30-9 1. • „� r' fry } c+ -.id 1, r O IDE ,. 9 NQ. "1814 David ; ganyloc ,le ; �a .MQnace,BorQugh Compci ma c did _not 9l v ete 7 Sectip{ ;l ; a) of .,Act 9 o4 1989 regarding tli}e award of a ;. g i' raet axd c e ,expediting,sf , payments ,tp C.T. ref anik, i r lien Danyio.,performed,so ae,, subcontr-act*-wprk fqt stun }k . ! ~ i 4 .M1 s r ; ) 'S - .\ 1 - tom, r .. ,. W1'414 144 Q d4 e 4f i,squa»cQ, of this order directed: - (& .o 4ile 4jAnncial Inter -ts St ,4,em ts. ) for tlae-ga)erdar years 987, 19$9 and lastly 4990, if . he has not already done so, anC.(b) to file amended FIS's for the calendar years 1986 and 1989, if he has received income from Monaca - B4rqugh,i,n�,,,1986 and 1989, aDepen 41 Pl Lng & Heating fox ; the _ 19,8,8 year, if the ; income exceed; the ., threshold reporting,;requirements . t Failure,to comply with the provisions of Paragraph 2 will result in the referral of this matter for appropriate enforcement action _ 3 . y /; A i.:. - : File Docket: 90- 034 -C2 : Date Decided: August 23, 1991 : Date Mailed: September 3, 1991 BY THE COMMISSION, DENNIS C. HARRINGTON, VI HAIR a