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HomeMy WebLinkAbout1800 AdamsonPHOiNE: 717-783-1610 STATE ETHICS COMMISSION TOLL. FREE: 1-800-932-0936 FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 In Re: Charles Thomas Adamson, File Docket: X-ref- Date Decided Date Mailed: FACSIMILE: 717-787-0806 WEBSITE: wLwethiCS.Da.. ov 20-032 Order No. 1800 4/21/22 4/22/22 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics, Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa. C. S. § I 10 1 et seq., by the above -named Respondent. At the commencement of its, investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed, and a hearing was requested. A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. I. ALLEGATIONS: That Charles, Adamson, a public official/public employee in his capacity as the elected Controller for Clearfield County, Pennsylvania, violated Sections 1103(a), 1105(b)(5), and 1105(b)(8) of the State Ethics Act (Act 93 of 1998): (1) When he used the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family, when he selected and hired his daughter to fill the vacant County Deputy Controller position; (2) When he participated as a Member of the County Salary Board in setting the salary for the County Deputy Controller position; Adamson, 20-032 Page 2 (3) When he failed to disclose on Statements of Financial Interests filed for the 2015 through 2019 calendar years direct or indirect sources of income; and (4) When he failed to disclose his office, directorship, or employment in any business on his 2018 and 2019 calendar year Statements of Financial Interests. II. FINDINGS: Charles Thomas Adamson, also known as Tom Adamson ("Adamson"), has served as the Clearfield County Controller from January 1, 2018, to the present. a. Adamson served as the Acting Clearfield County Controller from January 1, 2016, through December 31, 2017. b. Adamson served as the Clearfield County Deputy Controller from October 11, 2010, through December 31, 2015. 2. Clearfield County ("County") is a sixth -class county governed by a three -Member Board of Commissioners. a. The County Commissioners hold a workshop meeting on the first Tuesday of each month and legislative meetings on the second and fourth Tuesdays of each month. 1. Voting primarily occurs at the legislative meetings. 2. Limited action/voting may occur at the monthly workshop meeting. b. Special meetings are held as necessary. The County Commissioners receive multiple documents in advance of the monthly legislative meetings, including, among other items, the prior legislative meeting minutes, the legislative meeting agenda, and the personnel agenda. a. The County Chief Clerk generates and distributes the legislative meeting agendas and the legislative meeting minutes to the County Commissioners. b. The County Human Resource Director generates and distributes the personnel agenda to the County Commissioners. 1. The personnel agenda identifies all personnel changes to be presented to the County Commissioners at the legislative meeting, including new hires, transfers, separations, retirements, FMLA, etc. C. The County Commissioners receive the documents the day before or the morning of the scheduled legislative meeting. Adamson, 20-032 Page 3 4. The County Commissioners are responsible for the overall management and administration of the County and its operations. a. Specific duties and responsibilities of the County Commissioners include, among others, setting the budget for all County departments and row offices, managing the County election process, overseeing the County prison, setting tax rates and processing taxes collected, establishing/presenting policy and procedure, etc. The County Commissioners are also tasked with the responsibility of serving on various Boards, including, among others, the County Salary Board. a. The County Salary Board is composed of the three County Commissioners and the County Controller as static members and the County Row Officer having business before the County Salary Board regarding his/her office. The County has eight separate row offices, including the County Commissioners, Controller, Treasurer, Coroner, Prothonotary/Clerk of Courts, Recorder of Deeds/Register of Wills, Sheriff, and District Attorney. aa. Individuals serving as officers for each of the eight row offices are elected per Article IV, County Officers, Section 401(a) of the Pennsylvania County Code. b. The County Salary Board regularly meets immediately prior to the monthly legislative meeting held on the second Tuesday of the month. The County Salary Board convenes and immediately adjourns if no business is scheduled for consideration. 6. The County Salary Board is responsible for creating new positions within the County and establishing the salaries of those new positions and existing vacant positions. a. The County Salary Board is not required to recreate existing positions from which individuals have resigned, retired, been separated, etc. 1. The County Salary Board establishes the salary for an existing position only if a request is made to change the existing salary for the position to be filled. 7. A row officer seeking a County Salary Board meeting notifies the County Commissioners regarding his/her desire to convene a County Salary Board meeting and the reason for said meeting prior to formally notifying the County Human Resource Director. a. The purpose of doing so is to obtain insight as to whether the request to be made at the County Salary Board meeting is likely to receive approval. Adamson, 20-032 Page 4 8. The County Human Resource Director generates and distributes a County Salary Board agenda and personnel agenda to the County Commissioners for review after receipt of a written memo from the row officer regarding the need for a County Salary Board meeting. a. The County Salary Board agenda identifies the applicable row office, new position(s) desired, and salary request(s) for the new position(s) and/or existing vacant position(s). 1. Items for consideration are placed on the County Salary Board agenda by the County Human Resource Director per direction received from the applicable row officer(s). b. The County Salary Board agenda and the legislative meeting personnel agenda are provided to the County Commissioners in hard copy and/or email format the day prior to or the morning of the scheduled County Salary Board and legislative meeting. 1. The County Salary Board agenda and personnel agenda are also emailed to the County Chief Clerk for generation of hard copies for distribution to any press in attendance at the meeting. 9. Voting at County Commissioner meetings and County Salary Board meetings is conducted in group "aye/nay" fashion after a motion is made and seconded. a. Any objections and/or abstentions cast are specifically recorded within the applicable meeting minutes. 1. Minutes of each axaonth's legislative meeting are formally approved for accuracy at the following legislative meeting. 2. Minutes of each month's County Salary Board meeting are formally approved for accuracy at the following County Salary Board meeting. b. Motions made at County Salary Board meetings which pertain to an individual row office are made by the applicable row officer. 1. The applicable row officer serves as a voting member of the County Salary Board for motions affecting his/her specific row office, 10. The powers and duties of the individual County row officers regarding the hiring of employees for his/her respective row office are delineated in Article XVI, Fees of Salaried County Officers; Salary Boards; Payment of Solicitors Appointed by County Officers; Section 1620 of the Pennsylvania County Code. a. County row officers maintain the specific discretion and authority to hire and/or terminate employees regarding their respective row offices. Adamson, 20-032 Page 5 11. At least five employment positions have existed within the County Controller's Office since at least January 2020, including the elected Controller position. a. Positions existing within the Controller's Office since January 2020 include one Deputy Controller, two Department Clerks, and one Administrative Assistant. 1. The County Deputy Controller position was in existence prior to Adamson's employment as such in October 2010. b. The individual serving as the County Deputy Controller reports directly to and is supervised by the County Controller in the chain of command structure. 12. Kathleen Miller ("Miller") was employed in the County Controller's Office as the County Deputy Controller effective January 4, 2016, to August 18, 2020. a. Miller's salary for the County Deputy Controller position was set at $35,000.00 annually at Adamson's request/motion at the January 4, 2016, County Salary Board meeting. 1. Miller's salary was set approximately $10,000.00 higher than that typically associated with a Deputy Controller position at that time due to Miller's college education, work experience, and status as a Certified Public Accountant (CPA). b. Miller was formally ratified as the County Deputy Controller during the Personnel Section of the January 12, 2016, County Commissioners' legislative meeting with an effective employment date of January 4, 2016. 13. Miller informed Adamson of her resignation as the County Deputy Controller on Tuesday, August 4, 2020, via submission of a formal letter to Adamson in the County Controller's office. a. Miller provided Adamson with her letter of resignation between approximately 8:30 a.m. and 8:45 a.m. on August 4, 2020. b. Miller provided two weeks' notice with August 18, 2020, identified as her final day. C. Miller voluntarily resigned from her position to accept employment within the private sector. 14. After Miller submitted her letter of resignation, Adamson contacted his daughter, Kaitlin Evans ("Evans"), and informed her of the pending position vacancy. Adamson, 20-032 Page 6 a. Adamson initiated communication with Evans via text message on August 4, 2020, at approximately 9:04 a.m. b. Evans responded to Adamson's communication via text message at approximately 9:40 a.m. C. Evans was actively searching for new employment at that time. 15. Kaitlin Evans is Adamson's daughter. a. Evans was employed by the County as a Fiscal Assistant with the Department of Children and Youth Services from March 18, 2013, through January 2, 2019. 1. Evans was employed as a part-time Fiscal Assistant from March 18, 2013, through December 31, 2013. 2. Evans was employed as a full-time Fiscal Assistant from January 1, 2014, through January 2, 2019. 16. Evans voluntarily resigned from her position with the County to accept employment in the private sector as a full-time Credit Adjustor with CNB Bank effective January 14, 2019. a. Evans was employed with CNB Bank from January 14, 2019, through August 21, 2020. 1. Evans voluntarily separated from her employment with CNB Bank. b. Evans earned a wage of $14.06 per hour with CNB Bank at the time of her resignation. 1. Evans' hourly wage calculated to an annual salary of approximately $29,244.80 (2,080 hours per year x $14.06 per hour = $29,244.80). 17. After receiving Miller's resignation on the morning of August 4, 2020, Adamson approached and informally met with County Commissioners Antonio Scotto ("Scotto"), John Sobel ("Sobel"), and David Glass ("Glass") in the common area outside the County Commissioners' offices. a. Adamson was noticeably troubled over Miller's resignation. b. Adamson expressed to the County Commissioners his need to locate and hire a replacement for Miller right away. 1. Adamson specifically detailed his desire/need to locate a replacement who was experienced in governmental accounting procedures. Adamson, 20-032 Page 7 18. During his conversation with the County Commissioners, Adamson referenced having considered/considering Evans for the pending vacancy in the County Deputy Controller position. a. Adamson referenced Evans as the only individual he could think of for the position. b. Adamson expressed his belief that Evans' salary at CNB Bank was higher than the salary that could be offered for the County Deputy Controller position. 1. Adamson believed that Evans would not accept the County Deputy Controller position due to the difference in salary in comparison with her employment with CNB Bank. 19. After receiving notice of Miller's resignation, Marianne Sankey ("Sankey"), County Human Resource Director, questioned Scotto as to whether a vacancy announcement for the position should be advertised. a. Scotto affirmed advertisement of the vacancy to identify a pool of applicants from which Adamson could select a candidate/candidates. b. Adamson did not request or otherwise approach Sankey and request that the vacancy be advertised. 20. Sankey subsequently posted the pending County Deputy Controller vacancy on Indeed.com on August 4, 2020, as well as on the County website. a. Indeed.com is an internet-based free service which identifies employment opportunities. 1. Individuals seeking employment can upload a resume, create employment alert emails, search for employment, apply for employment, etc., directly over the site. 2. Job listings from major job boards, newspapers, associations, etc., are included on the site. aa. Employers can also post jobs directly on Indeed.com. 21. The County Deputy Controller vacancy announcement placed on Indeed.com included, among other information, the following: a. Position: Deputy Controller, Clearfield County Government -- Clearfield, PA. b. Job Description: 1. Perform functions of the Controller in their absence; Adamson, 20-032 Page 8 2. 3. 4. 5. 6. 7. 8. 9. Supervise department staff; Perform internal audits on all County Departments; Audit general ledger for accuracy; Assist external auditors in performing County audit; Handle Tax Collector payroll and pension quotes as well as County Retirement payroll; Assist in preparation and policing of the County budget; Audit tasks as assigned by Controller; and Other duties as assigned by Controller. C. Job Type: pull -Time. d. Pay: $35,000.00 - $38,000.00 per year. 22. The County received a total of thirteen resumes/applications for the County Deputy Controller position through Indeed. com between the dates of August 4, 2020, and August 19, 2020, as detailed below: Nance Response Date Kellie Green 08/04/2020 Matthew Bush 08/04/2020 Kaitlin Evans 08/05/2020 JoAnne Callas 08/05/2020 Charles LeFort 08/05/2020 Shane Aaron 08/05/2020 Lora Holt 08/06/2020 Robert Young 08/17/2020 Bonnie Rinehart 08/17/2020 Cheyanne Collins 08/17/2020 Pamala Ripple 08/18/2020 Bobbie Jo Powell 08/18/2020 Joseph Krupa Jr. 08/19/2020 a. Resumes/applications submitted were received by Sankey and forwarded to Adamson via hard copy and/or email for review. b. Evans submitted a resume/application for the position one day after its posting on Indeed.com. Adamson, 20-032 Page 9 23. By August 6, 2020, Adamson had identified an individual to fill the County Deputy Controller position who had not responded to the advertisement, even though multiple resumes/applications had been received for the position. a. Adamson initiated contact with Clearfield resident Mark Michael ("Michael") to assess Michael's interest in the position. 1. Adamson and Michael had been colleagues with the accounting firm of Walter Hopkins & Co. for multiple years in the 1980s and 1990s. b. Michael had not submitted a resume or application or been interviewed for the position. l . Adamson was aware of Michael's qualifications for the position based on his past professional interaction with Michael. 24. Adamson and Michael had multiple telephone conversations regarding the County Deputy Controller position duties, salary, benefits, and Michael's potential service. a. Michael presented concerns to Adamson over his ability to be bonded in the position due to a prior federal conviction. i . Adamson was aware of Michael's prior legal issues. 2. Adamson informed Michael that bonding would not be a concern. b. Michael ultimately accepted Adamson's offer to serve as the County Deputy Controller. 25. Adamson informally met with the County Commissioners on or about August 7, 2020, and he informed them that he had selected Michael to fill the pending County Deputy Controller vacancy. a. The County Commissioners expressed no opposition to or concerns with Adamson's selection at that time. b. As of August 7, 2020, Adamson had not conducted interviews of any of the individuals who had responded to the County Deputy Controller vacancy announcement. 26. On Monday, August 10, 2020, Adamson authored an email to Sankey, Scotto, Sobel, and Glass via his County email account addressing the subject of "Deputy Controller." a. Adamson's email stated the need to approve a salary of $35,000.00 for the County Deputy Controller position at the County Salary Board meeting scheduled for August 11, 2020. Adamson, 20-032 Page 10 b. Adamson's email stated the need to place Michael on the personnel agenda for the August 11, 2020, legislative meeting for employment as the County Deputy Controller effective August 24, 2020. 27. The County Salary Board met on August 11, 2020, for the purpose of establishing salaries for, among other positions, the position of County Deputy Controller. a. Adamson was present as a voting member of the County Salary Board. b. All three County Commissioners were present for the County Salary Board meeting. 28. During the County Salary Board meeting, Adamson presented a request to establish the salary for the County Deputy Controller position at $35,000.00 annually. a. Adamson made the motion, seconded by Sobel, to approve the salary for the County Deputy Controller position in the amount requested. b. The motion carried via 4-0 unanimous vote. 29. The regularly scheduled August 11, 2020, County Commissioners meeting was convened immediately following the adjournment of the County Salary Board meeting. a. The personnel agenda for the August 11, 2020, legislative meeting identified several specific personnel changes to be presented to the County Commissioners for approval. 30. During the personnel portion of the August 11, 2020, legislative meeting, the County Commissioners approved multiple personnel changes via one encompassing vote, including, among others, two specific personnel changes within the County Controller's office. a. The County Commissioners approved the resignation of Miller as the County Deputy Controller effective August 18, 2020. b. The Commissioners approved the employment of Michael as the County Deputy Controller effective August 24, 2020. C. County Commissioner approval of personnel changes in row offices is a ministerial duty. 31. Later in the day on August 11, 2020, the County Commissioners were informed and/or otherwise realized that Michael had previously been convicted in federal court of conspiracy to commit bank fraud. Adamson, 20-032 Page 11 a. The County Commissioners ultimately questioned Adamson on his selection of Michael to fill the County Deputy Controller position. 1. Adamson asserted that he needed someone quickly, that Michael understood governmental accounting procedures, and that Michael had served his time. 32. Glass specifically communicated his concerns in an email dated August 11, 2020, sent to Adamson at 11:21 p.m. with the subject of "Deputy." a. Glass affirmed discovering that Adamson had selected an individual with a prior felony conviction to fill the vacant County Deputy Controller position. b. Glass advised that he would not have voted to approve Michael's employment had he known Michael's history. C. Glass requested that Adamson rescind Michael's employment. 33. Adamson responded to Glass via email dated August 12, 2020, at 7:19 a.m. in which Adamson asserted, among other information, the following: a. Adamson was in a difficult situation due to his department being understaffed; b. Adamson was aware of Michael's past and Michael had paid his dues; and C. Michael was the only solution to the problem. 34. Later that same day, Glass received an email at 9:44 a.m. from GantDaily.com with the subject of, "GantDaily.com Breaking News!" a. The email consisted of an article addressing Michael's federal conviction as well as Michael's hiring as the County Deputy Controller. b. GantDaily.com is an online news source serving the Central Pennsylvania region. 35. Glass forwarded his email from GantDaily.com to Adamson at 10:18 a.m. that day along with an additional plea for Adamson to reconsider Michael's employment. a. Adamson subsequently emailed Glass on August 13, 2020, at 8:35 a.m. documenting his decision to rescind Michael's employment as the County Deputy Controller. 1. The publicity generated by Michael's hiring coupled with concerns expressed by the County Commissioners led to Adamson's decision to rescind Michael's employment as the County Deputy Controller. Adamson, 20-032 Page 12 36. Adamson ultimately contacted via telephone a minimum of four of the thirteen individuals who had applied for the vacancy through lndeed.com. a. Adamson contacted Shane Aaron ("Aaron"), Lora Holt ("Holt"), Bobbie Powell ("Powell"), and Evans in relation to the vacant position. 1. Adamson conducted an interview of Aaron via telephone and requested that Aaron appear in the County Controller's Office for an in -person, second interview. aa. Aaron voluntarily declined to participate in a second interview and/or pursue the County Deputy Controller position. The specific date of Aaron's telephone interview could not be determined. 2. Adamson also telephonically contacted Holt; however, no interview of Holt was conducted. aa. During the telephone communication, Adamson provided information which served to quell Holt's interest in and her continued pursuit of the position. i. Adamson explained to Holt that he would be retiring in several months; ii. Adamson revealed to Holt that he was not seeking election for an additional term; and iii. Adamson asserted to Holt that she could potentially lose her employment as the County Deputy Controller at the discretion of the newly -elected County Controller. bb. Holt was employed as a Fiscal Technician with the Clearfield County Drug and Alcohol Commission at the time of her application. The specific date of Holt's telephone contact could not be determined. 3. Adamson conducted an interview of Powell on August 18, 2020, via telephone and offered Powell the County Deputy Controller position at the conclusion of the call. aa. Powell requested twenty-four hours to consider Adamson's offer. Ada►nson, 20-032 Page 13 The salary Adamson offered Powell was approximately $13,000.00 less than Powell earned from her prior employer. 37. Adamson and Evans each maintained personal telephone contact numbers during the period of June 1, 2020, through September 15, 2020. a. Adamson maintained a Tracfone cellular telephone under [telephone number redacted] as well as a landline telephone under [telephone number redacted]. b. Evans maintained a Tracfone cellular telephone under [telephone number redacted] at a minimum. 38. Adamson and Evans had communicated with one another at least five times on August 18, 2020, regarding the pending vacancy in the County Deputy Controller position. a. Four of the communications occurred via text message between the time of 7:59 a.m. to 8:04 p.m. 1. All of the text messages occurred prior to Powell's telephone interview. b. The fifth communication occurred via telephone conversation beginning at approximately 5:05 p.m. for a duration of approximately six minutes. 1. The telephone conversation between Adamson and Evans occurred after Powell's telephone interview. C. All of the communications on August 18, 2020, were initiated by Evans with the exception of the second text message. 39. During the August 18, 2020, telephone conversation, Adamson and Evans discussed the subject of Evans serving as the County Deputy Controller if Powell declined the position. a. Evans accepted Adamson's offer of employment as the County Deputy Controller contingent upon Powell's decision. 40. Powell subsequently contacted Adamson on August 19, 2020, and declined the County Deputy Controller position due to the substantial decrease in salary. a. The $35,000.00 salary Adamson offered Powell was approximately $13,000.00 less than Powell earned from her prior employer. 41. On August 19, 2020, at 3:35 p.m., Evans submitted an email to Mary Ann Conway, EVP/Employee Experience, CNB Bank, with the subject of "Resignation." a. Evans documented in the email her decision to accept employment with the Clearfield County Government. Adamson, 20-032 Page 14 b. Evans provided two weeks' notice in the email identifying September 2, 2020, as her final day. C. Adamson and Evans had a telephone conversation on August 19, 2020, at 8:00 p.m. for a duration of approximately ten minutes. 42. Adamson submitted email correspondence to Scotto, Sobel, Glass, and Sankey on August 20, 2020, at 7:53 a.m. with the subject of "FW: [EXTERNAL] Attached Image." a. Adamson's email identified personnel changes for the August 25, 2020, County Commissioners .meeting per an attachment to the email. 1. The attachment documented Adamson's withdrawal of Michael's appointment as the County Deputy Controller. 2. The attachment documented Adamson's appointment of Evans as the County Deputy Controller effective September 7, 2020. b. Adamson's signature, affixed via facsimile stamp by Adamson, is present on the attachment. 43. Adamson's need to fill the position as soon as possible led to communication between Adamson and Evans via telephone on August 20, 2020, at approximately 5:01 p.m. as well as communication via eight text messages from 8:33 a.m. up to and including 10:37 a.m. the morning of August 21, 2020. a. Evans subsequently submitted an email to Conway on August 21, 2020, at 10:37 a.m. announcing that she was leaving CNB Bank effective end of day on August 21, 2020. 44. Adamson subsequently amended Evans' starting date as the County Deputy Controller from September 7, 2020, to August 31, 2020, due to Evans' August 21, 2020, separation from CNB Bank. a. Adamson documented the change in Evans' starting date in an August 24, 2020, email to Scotto, Sobel, Glass, and Sankey. 1. Adamson directed that the change be made on the personnel agenda for the August 25, 2020, legislative meeting. 45. The August 25, 2020, legislative meeting personnel agenda Sankey created identified several specific personnel changes to be presented to the County Commissioners for approval. Adamson, 20-032 Page 15 a. During the personnel portion of the meeting, multiple personnel changes were presented, including two specific personnel changes within the County Controller's Office. I. Personnel changes proposed for approval within the County Controller's Office consisted of rescinding Michael's employment as the County Deputy Controller effective August 17, 2020, and identifying Evans' employment as the County Deputy Controller effective August 31, 2020. b. County Commissioner approval of personnel changes in row offices is typically a routine function. 46. Glass and Sobel each made public statements prior to the vote to approve the personnel changes presented at the August 25, 2020, legislative meeting. a. Glass verbally disclosed the following prior to the vote to approve the personnel changes: 1. The new County Deputy Controller presented for approval (Evans) was Adamson's daughter; 2. Glass did not think it was a "good move;" and 3. The County Commissioners were legally bound to approve the individuals that Adamson brought before the County Commissioners. b. Sobel verbally presented the following prior to the vote to approve the personnel changes: 1. Sobel shared Glass's concerns; 2. Pennsylvania law permits an elected official to employ whoever he/she wishes; and 3. The County Commissioners had no control over the situation. 47. Sobel subsequently motioned, seconded by Glass, to approve the August 25, 2020, personnel changes as presented which included Evans' employment as the new County Deputy Controller. a. The motion carried via unanimous 3-0 vote. 48. After formal approval of the personnel changes set forth at the August 25, 2020, legislative meeting, Adamson made a public statement regarding the hiring of his daughter as the County Deputy Controller which included the following. Adamson, 20-032 Page 16 a. Hiring family is not the ideal situation, but under certain circumstances it is necessary to hire someone immediately; b. There were five candidates for the position; C. Evans was the only candidate with the qualifications, background, and experience for the position; and d. Evans had previously worked for County Children and Youth Services, knew the workings of the County, and had banking experience. 49. Adamson's statement at the August 25, 2020, legislative meeting was factually incorrect in that: a. A total of thirteen candidates had applied for the County Deputy Controller position; 1. Of the thirteen applicants, at least seven met the qualifications set forth in the vacancy posting. 2. Of the seven qualified applicants, only three, including Evans, were interviewed for the position. 3. Of the seven qualified applicants, Adamson actively discouraged at least one applicant from pursuing the position. b. Evans was not the only candidate with qualifications, background, and experience for the position. 50. Adamson and Evans maintained consistent communication with one another telephonically and via text messages from Miller's resignation submission date (August 4, 2020) through the day following Evans' formal ratification by the County Commissioners (August 26, 2020) as shown below: Date Time Description Tuesday, August 4, 2020 8:30a -8:45a K. Miller informs Adamson of her resignation, effective August 19, 2020 9:04a Text msg from Adamson to Evans 9:40a Text msg from Evans to Adamson Morning Adamson meets/speaks with County Commissioners in Commissioners office common area regarding Miller's resignation 2:38p Vacancy posting goes live on Indeed.com 8:14p Call from Adamson to Evans (0:05:59) Adamson, 20-032 Page 17 Date Time Description Wednesday, August 5, 2020 Unknown Evans submits application for position to lndeed.com 6:42a Text msg from Evans to Adamson 6:54a Text msg from Adamson to Evans 6:58a Text msg from Evans to Adamson 1:15p Text msg from Adamson to Evans 7:07p Call from Evans to Adamson (0:07:43) 7:41p Call from Evans to Adamson (0:01:23) 8:17p Call from Adamson to Evans (0:02:46) Friday, August 7, 2020 Saturday, August 8, 2020 Monday, August 10, 2020 Tuesday, August 11, 2020 Unknown Adamson meets/speaks with the Commissioners and informs them that he located a candidate for the Deputy Controller position (M. Michael) 4:28p Text msg from Adamson to Evans 5:27p Text msg from Evans to Adamson 5:48p Text msg from Adamson to Evans 8:18a Text msg from Adamson to Evans 6:50a Email from Adamson to Sankey & Commissioners identifying salary for Deputy Controller to be set at $35,000 annually at the 8/11/20 salary board meeting and M. Michael's start date 9:06p Text msg from Evans to Adamson 9:08p Text msg from Adamson to Evans 9:00a Deputy Controller salary of $35,000 annually approved at salary board meeting 10:00a Michael formally approved as Deputy Controller at Commissioners meeting Adamson, 20-032 Page 18 Date Time Description 11:21 p Email from Commissioner Glass to Adamson requesting that Adamson rescind Michael's employment Wednesday, August 12, 2020 7:19a Email from Adamson to Glass claiming that Michael is the only solution 10:18a Email from Glass to Adamson re: news article in GantDaily.com 4:43p Call from Evans to Adamson (0:02:38) Thursday, August 13, 2020 8:35a Email from Adamson to Glass verifying his intent to rescind Michael's employment Tuesday, August 18, 2020 7:59a 'Text msg from Evans to Adamson 8:03a Text msg from Adamson to Evans 8:03a Text msg from Evans to Adamson 8:03a Text msg from Evans to Adamson 5:05p Call from Evans to Adamson (0:06:23) Wednesday, August 19, 2020 2:07p Text msg from Evans to Adamson 3:35p Email from Evans to Mary Ann Conway (EVP) at Community National Bank resigning position and identifying Sept 2, 2020 as her last day 8:00p Call from Adamson to Evans routed to voice mail (0:00:40) 8:01p Call from Evans to Adamson (0:10:02) Thursday, August 20, 2020 7:53a Email from Adamson to Sankey and Commissioners with attachment noting the rescinding of Michael's employment and the hiring of Evans with an effective date of Sept 7, 2020 5:01p Call from Evans to Adamson (0:05:20) Friday, August 21, 2020 8:34a Text msg from Evans to Adamson Adamson, 20-032 Page 19 Date Time Description 8:46a Text msg from Adamson to Evans 8:46a Text msg from Evans to Adamson 8:47a Text msg from Evans to Adamson 9:07a Text msg from Evans to Adamson 9:08a Text msg from Adamson to Evans 10:22a Text msg from Adamson to Evans 10:25a Text msg from Evans to Adamson 10:38a Text msg from Evans to Adamson 10:39a Text msg from Adamson to Evans End of Business Evans's employment with CNB separated Monday, August 24, 2020 7:40a Email from Adamson to Sankey and Commissioners amending Evans's start date from Sept 7, 2020 to Aug 31, 2020 Tuesday, August 25, 2020 10:00a Evans formally approved as Deputy Controller at Commissioners meeting 12:24p Text msg from Adamson to Evans 12:44p Text msg from Evans to Adamson Wednesday, August 26, 2020 8:34a Text msg from Adamson to Evans 9:19a Text msg from Evans to Adamson 10:05a Text msg from Evans to Adamson 10:07a Text msg from Adamson to Evans 7:49p Call from Evans to Adamson (0:03:14 a. Adamson and Evans contacted one another a total of 44 times over the 23-day span of August 4, 2020, through August 26, 2020. 51. The frequency of daily contact between Adamson and Evans increased by approximately 254% in the 23 days between the date of Miller's resignation and the date following Evans's formal ratification in comparison with the 64-day period leading up to Miller's resignation as detailed below: a. Adamson and Evans contacted one another via telephone and/or text approximately 48 times from June 1, 2020, through August 3, 2020, for an average total of 0.75 contacts per day. b. Adamson and Evans contacted one another via telephone and/or text a minimum of 44 times from August 4, 2020, through August 26, 2020, for an average total of 1.91 contacts per day. 52. Adamson's hiring of Evans as the County Deputy Controller resulted in Evans' receipt of a salary of $35,000.00 annually. Adamson, 20-032 Page 20 a. The salary established for the position was set at $35,000.00 annually based on the prior County Deputy Controller candidate's education and experience. Adamson, Miller, and Michael all held CPA licenses and had multiple years' experience working at accounting firms prior to employment as the County Deputy Controller. 53. Adamson did not request the convening of an additional County Salary Board meeting for the County Commissioners to consider a salary commensurate with Evans' qualifications and experience. a. Adamson elected to retain the salary which had been established for prior County Deputy Controller candidates although Evans did not possess comparable qualifications and/or experience. 1. Evans obtained a Bachelor of Science Degree from Pennsylvania State University in Business Administration with an Accounting Option in December 2015. aa. Evans is not a licensed CPA. 2. Evans' experience consisted of the following: aa. Teller — Northwest Savings Bank: April 2012 — February 2013. bb. Fiscal Assistant --- Clearfield CYS: March 2013 — January 2019. CC. Credit Adjustor/Collector — CNB Bank: January 2019 — August 2020. 54. Adamson's retention of the salary established for Michael as the County Deputy Controller to be paid to Evans as the County Deputy Controller resulted in an increase in salary to Evans of approximately $5,755.20. a. Evans' annual salary, based on her hourly wage at the time of her resignation from CNB Bank, was $29,244.80. b. Evans' annual salary as the County Deputy Controller is currently $35,000.00. 55. On or about March 22, 2021, Evans announced her candidacy for County Controller. a. Evans was defeated in the primary election on May 18, 2021. b. Evans remains employed as the County Deputy Controller. Adamson, 20-032 Page 21 56. During an interview with State Ethics Commission Investigators on July 2, 2021, Adamson admitted, among other facts, the following: a. Adamson informed Evans of the pending vacancy in the County Deputy Controller position contemporaneous to receipt of Miller's resignation; b. Adamson and Evans discussed the possibility of Evans' service as the County Deputy Controller after Adamson's decision to rescind Michael's employment; C. Adamson. and Evans discussed Evans' service as the County Deputy Controller if Adamson was unable to locate a candidate who he considered to be qualified; and d. Adamson considered Evans as his "safety net" to fill the position. 57. Adamson, in his position as the County Controller, used the authority of his public office to obtain a private pecuniary benefit for his daughter, Kaitlin Evans, in the amount of $5,755.20 when he selected and hired his daughter to fill the vacant County Deputy Controller position; and when he retained the salary established for a more qualified candidate for his daughter after the candidate was removed ftom consideration. Description Amount Evans's Deputy Controller Salary $35,000.00 Evans's CNB Bank Salary-$29,244.80 Total $5,755.20 58. Statement of Financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the State Ethics Act. a. Section 1104(a) reads, in part, the following: "...Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position." 59. Adamson was required to file SFIs by May l' annually for calendar years 2015 through 2019 in his position as the County Controller. a. Adamson has served as the elected County Controller from January 1, 2018, to the present. b. Adamson served as the Acting County Controller from January 1, 2016, through December 31, 2017. Adamson, 20-032 Page 22 60. Information required to be disclosed on SFIs filed by public officials and public employees is specified in Section 1105 of the Ethics Act. a. Section 1105(a) requires, in part, that all information requested on the statement shall be provided to the best knowledge, information, and belief of the person required to file and shall be signed under oath or equivalent affirmation. b. Section 1105(b), Subsections 1-10 identify specific information to be disclosed as well as exceptions to disclosure requirements when applicable. Section 1105(b)(5) mandates disclosure of, in part, the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 2. Section 1105(b)(8) mandates the disclosure of any office, directorship, or employment of any nature whatsoever in any business entity. 61, On December 2, 2020, an SFI compliance review was conducted at the Clearfield County Administrative Offices located at 212 East Locust Street, Clearfield, PA 16830 regarding the County row offices/row officers. 62. The compliance review determined that Adamson filed SFIs with the County for calendar years 2015 through 2019 as follows: Signature Date For Calendar Year January 18, 2016 2015 February 8, 2017 2016 January 10, 2018 2017 February 28, 2019 2018 January 15, 2020 2019 63. Adamson failed to disclose the County as a direct/indirect source of income on his 2015 - 2019 calendar year SFIs. a. Section 10: Direct or indirect sources of income on Adamson's 2016 — 2019 calendar year SFIs disclosed only C. Thomas Adamson (or a variant thereof), CPA, 2507 Center Circle, Clearfield, PA 16830. 1. Adamson received gross income from the County during calendar years 2015 -- 2019 for service as the County Deputy Controller (2015), Acting County Controller (2016 -- 2017), and County Controller (2018 — 2019) as shown below: 2015 2016 2017 2018 2019 $37,336.40 $48,639.30 $48,639.30 $48,639.30 $48,639.30 Adamson, 20-032 Page 23 64. Adamson failed to disclose or otherwise identify his office, directorship, or employment with Charles T. Adamson, CPA, 2507 Center Circle, Clearfield, PA 16830 on his SFIs filed for calendar years 2018 and 2019. a. Section 13: Office, directorship, or employment in any business was marked "None" on Adamson's 2018 calendar year SFI. I. Adamson disclosed Charles T. Adamson, CPA, 2507 Center Circle, Clearfield, PA 16830 in Section 10: Direct or indirect sources of income on his 2018 calendar year SFI. 2. Adamson disclosed Charles T. Adamson, CPA, 2507 Center Circle, Clearfield, PA 16830 in Section 14: Financial interest in any legal entity in business for profit on his 2018 calendar year SFI. b. Section 13: Office, directorship, or employment in any business was marked "None" on Adamson's 2019 calendar year SFI. I. Adamson disclosed Charles T. Adamson, CPA, 2507 Center Circle, Clearfield, PA 16830 in Section 10: Direct or indirect sources of income on his 2019 calendar year SFI. 2. Adamson disclosed Charles T. Adamson, CPA, 2507 Center Circle, Clearfield, PA 16830 in Section 14: Financial interest in any legal entity in business for profit on his 2019 calendar year SFI. III. DISCUSSION: As the Acting Controller for Clearfield County ("County"), Pennsylvania, from January 1, 2016, through December 31, 2017, and as the County Controller from January 1, 2018, to the present, Respondent Charles Thomas Adamson ("Adamson") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. The allegations are that Adamson violated Sections 1103(a), 1105(b)(5), and 1105(b)(8) of the Ethics Act: (1) When he used the authority of his public position for the private pecuniary benefit of himself and/or a member of his immediate family, when he selected and hired his daughter to fill the vacant County Deputy Controller position; (2) When he participated as a Member of the County Salary Board in setting the salary for the County Deputy Controller position; (3) When he failed to disclose on Statements of Financial Interests ("SFIs") filed for the 2015 through 2019 calendar years direct or indirect sources of income; and Adamson, 20-032 Page 24 (4) When he failed to disclose his office, directorship, or employment in any business on his 2018 and 2019 calendar year SFIs. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nolle pros the allegation in paragraph number 2 above. We therefore need not address that particular allegation. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. 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. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. A daughter is a member of "immediate family" as the Ethics Act defines that term. See, 65 Pa.C,S. § 1102. Adamson, 20-032 Page 25 Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office, directorship or employment in any business entity. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Adamson served as the Acting County Controller from January 1, 2016, through December 31, 2017. Adamson has served as the County Controller since January 1, 2018. The County is governed by a three -Member Board of Commissioners. The office of County Controller is one of eight County row offices. County row officers, including the County Controller, have the discretion and authority to hire or terminate employees of their row offices. The County Salary Board is responsible for establishing the salaries for new or existing vacant positions with the County. A salary request for a position in a County row office is presented to the County Salary Board by the officer of that row office, who serves as a voting Member of the County Salary Board for matters affecting that row office. The position of County Deputy Controller is one of several employment positions within the County Controller's Office, The County Deputy Controller reports directly to and is supervised by the County Controller. Kathleen Miller ("Miller") began employment as the County Deputy Controller effective January 4, 2016. Miller's salary, which was set at $35,000.00 by the County Salary Board, was approximately $10,000.00 higher than that typically associated with a Deputy Controller position due to Miller's college education, work experience, and status as a Certified Public Accountant ("CPA"). At approximately 8:30 a.m. on August 4, 2020, Miller submitted a letter to Adamson which informed him that she was resigning from her employment as the County Deputy Controller as of August 18, 2020. At approximately 9:04 a.m., Adamson sent a text message to his daughter, Kaitlin Evans ("Evans"), which informed her of the pending vacancy in the County Deputy Controller position. Evans was employed as a full-time Credit Adjustor with CNB Bank at the time, and she was actively searching for new employment. Evans had previously been employed with the County as a Fiscal Assistant with the County Department of Children and Youth Services and had resigned from her County employment in January 2019 to accept the position with CNB Bank. Evans' salary with CNB Bank was approximately $29,244.00. Adamson, 20-032 Page 26 On the morning of August 4, 2020, Adamson informally met with County Commissioners Antonio Scotto ("Scotto"), John Sobel ("Sobel"), and David Glass ("Glass") in the common area outside of the County Commissioners' offices. Adamson expressed to the County Commissioners his need to locate and hire a replacement for Miller right away, and he specifically detailed his need to find a replacement who was experienced in governmental accounting procedures. Adamson mentioned that he was considering Evans for the position of County Deputy Controller as she was the only individual who he could think of for the position, but he expressed his belief that Evans, who is not a CPA, would not accept the position because her salary at CNB Bank was higher than the salary which could be offered to her for the position. On August 4, 2020, the County Human Resource Director posted announcements for the pending vacancy in the County Deputy Controller position on both the County website and Indeed.com, which identifies employment opportunities. The announcements listed a pay range of $35,000.00 to $38,000.00 per year for the position. Between August 4, 2020, and August 19, 2020, thirteen individuals, including Evans, submitted resumes/applications to the County for the County Deputy Controller position through Indeed.com. However, by August 6, 2020, Adamson had identified Mark Michael ("Michael"), who had not submitted a resume/application for the position, as the individual to fill the position. Adamson and Michael had been colleagues in the accounting firm of Walter Hopkins & Co. for multiple years in the 1980s and 1990s. Although Adamson was aware that Michael had previously been convicted in federal court of conspiracy to commit bank fraud, he contacted Michael to assess his interest in the County Deputy Controller position and had multiple telephone conversations with Michael regarding the position's duties, salary, and benefits. When Michael expressed concerns over his ability to be bonded in the position, Adamson told Michael that bonding would not be a concern. Michael ultimately agreed to serve as the County Deputy Controller. On or about August 7, 2020, Adamson informed the County Commissioners that he had selected Michael to fill the pending vacancy in the position of County Deputy Controller. The County Commissioners expressed no opposition to or concerns with Adamson's selection of Michael at that time. At Adamson's request, on August 11, 2020, the County Salary Board met and approved a salary of $35,000.00 for the County Deputy Controller position based on Michael's education and experience. During a meeting of the County Commissioners on that same date, the County Commissioners approved Miller's resignation as the County Deputy Controller effective August 18, 2020, and approved Michael's employment as the County Deputy Controller effective August 24, 2020. The County Commissioners' approval of these personnel changes in the County Controller row office was a ministerial duty. Later in the day on August 11, 2020, the County Commissioners were informed that Michael had previously been convicted in federal court of conspiracy to commit bank fraud. When the County Commissioners questioned Adamson on his selection of Michael to fill the County Deputy Controller position, Adamson asserted that he needed someone quickly, that Michael understood governmental accounting procedures, and that Michael had served his time. County Commissioner Glass advised Adamson in an email that he would not have voted to approve Adamson, 20-032 Page 27 Michael's employment had he known about Michael's history, and he asked Adamson to rescind Michael's employment. On August 12, 2020, Glass received an email from GantDaily.com, an online news source, which consisted of an article addressing Michael's federal conviction as well as Michael's hiring as the County Deputy Controller. Gant forwarded the email to Adamson along with a plea for Adamson to reconsider Michael's employment. As a result of the publicity generated by Michael's hiring and the concerns expressed by the County Commissioners, Adamson decided to rescind Michael's employment as the County Deputy Controller. After Adamson decided to rescind Michael's employment, he contacted several of the individuals who had applied for the County Deputy Controller position through lndeed.com. Although Adamson conducted a telephone interview of Shane Aaron ("Aaron") and requested that Aaron appear at the County Controller's office for an in -person interview, Aaron declined to participate in the interview. Adamson had a telephone conversation with Laura Holt, who was employed as a Fiscal Technician with the Clearfield County Drug and Alcohol Commission, but she did not continue to pursue the position after Adamson informed her that he would be retiring in several months and that she could lose her employment as the County Deputy Controller at the discretion of the newly -elected County Controller. On August 18, 2020, Adamson conducted a telephone interview of Bobbie Powell ("Powell"), and he offered her the County Deputy Controller position at the end of the interview. The salary Adamson offered to Powell was approximately $13,000.00 less than she earned from her previous employer, and she requested twenty-four hours to consider Adamson's offer. During a telephone conversation following Powell's interview, Adamson and Evans discussed the subject of Evans serving as the County Deputy Controller if Powell declined the position. Evans accepted Adamson's offer of employment as the County Deputy Controller contingent upon Powell's decision. On August 19, 2020, Powell contacted Adamson and declined his offer of employment due to the substantial decrease in salary from her previous employment. That same day, Evans sent an email to CNB Bank which indicated that she was resigning effective September 2, 2020, in order to accept employment with the County. On August 20, 2020, Adamson sent an email to the County Commissioners and the County Human Resource Director which documented Adamson's withdrawal of Michael's appointment as the County Deputy Controller as well as Adamson's appointment of Evans as the County Deputy Controller effective September 7, 2020. Following communication between Adamson and Evans with regard to Adamson's need to fill the County Deputy Controller position as soon as possible, Evans informed CNB Bank that she would be leaving her employment with CNB Bank effective the end of the day on August 21, 2020. Adamson subsequently changed Evans' start date as the County Deputy Controller from September 7, 2020, to August 31, 2020. During the August 25, 2020, meeting of the County Board of Commissioners, the County Commissioners voted unanimously to approve various personnel changes which included Evans' employment as the County Deputy Controller. Prior to the vote, County Commissioner Glass Adamson, 20-032 Page 28 noted that Evans is Adamson's daughter and stated that although he did not think approving her hiring was a "good move," the County Commissioners were legally bound to approve individuals who were selected by Adamson. County Commissioner Sobel stated before the vote that while he shared Glass' concerns, the County Commissioners had no control over the situation. Following the vote which approved the hiring of Evans, Adamson stated incorrectly that there were five candidates for the position and that his daughter was the only candidate with the qualifications, background, and experience necessary for the position. Evans received a salary of $35,000.00 as a result of being hired for the position of County Deputy Controller. The County Salary Board had set the salary for the position at $35,000.00 for both prior County Deputy Controller Miller and Michael as the prospective County Deputy Controller based on their education and experience, which for each individual included holding a CPA license and working multiple years at accounting firms. Even though Evans did not possess a CPA license or qualifications and experience comparable to that of Miller and Michael, Adamson did not request that the County Salary Board meet to consider a salary commensurate with Evans' qualifications and experience but instead chose to retain a salary of $35,000.00 for the position. On December 2, 2020, an SFI compliance review was conducted with regard to the County row offices/row officers. Adamson failed to disclose the County as a direct or indirect source of income on his SFIs for calendar years 2015 through 2019. Adamson further failed to disclose his office, directorship, or employment with his business, Charles T. Adamson, CPA, on his SFIs for calendar years 2018 and 2019. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Adamson's use of the authority of his public position for the private pecuniary benefit of his daughter, Kaitlin Evans, when he selected and hired his daughter to fill the vacant County Deputy Controller position; b. That a violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred in relation to Adamson's failure to disclose on Statements of Financial Interests filed for the 2015 through 2019 calendar years direct or indirect sources of income; and Adamson, 20-032 Page 29 C. That a violation of Section 1105(b)(8) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred in relation to Adamson's failure to disclose his office, directorship, or employment in any business on his 2018 and 2019 calendar year Statements of Financial Interests. 4. Any remaining allegations are to be nolle prossed by Investigative Division. 5. Adamson agrees to make payment in the amount of $750.00 in settlement of this matter payable to the Commonwealth of Pennsylvania, and forwarded to the Pennsylvania State Ethics Commission, within thirty (30) days of the issuance of the final adjudication in this matter. 6. Adamson agrees to file complete and accurate amended Statements of Financial Interests with Clearfield County, through the Pennsylvania State Ethics Commission, for calendar years 2015 through 2019 within thirty (30) days of the issuance of the final adjudication in this matter. 7. Adamson agrees to not accept any reimbursement, compensation or other payment from Clearfield County representing a full or partial reimbursement of the amount paid in settlement of this matter. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. a. The Respondent has been advised that as a matter of course, all orders from the Commission are provided to the Attorney General, albeit without any specific recommendations pursuant to paragraph 8 above. b. The Respondent has been advised that all orders become public records and may be acted upon by law enforcement as they deem appropriate. Adamson, 20-032 Page 30 C. The non -referral language contained int his paragraph is considered an essential part of the negotiated consent agreement. Consent Agreement, at 1-2. In considering the Consent Agreement, we agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred in relation to Adamson's use of the authority of his public position as the County Controller for the private pecuniary benefit of his daughter, Kaitlin Evans, when he selected and hired his daughter to fill the vacant County Deputy Controller position. Adamson used the authority of his office as the County Controller: (1) when, on August 18, 2020, he and Evans discussed the subject of Evans serving as the County Deputy Controller if another candidate declined the position, and he offered Evans the position contingent upon the candidate's decision; (2) when he decided to appoint Evans as the County Deputy Controller after the other candidate declined the position; (3) when, on August 20, 2020, he sent an email to the County Commissioners and the County Human Resource Director which documented his appointment of Evans as the County Deputy Controller effective September 7, 2020, and when he subsequently changed Evans' start date to August 31, 2020; and (4) when he chose to retain a salary of $35,000.00 which had been set by the County Salary Board for other individuals who were more qualified than Evans for the position of County Deputy Controller instead of requesting that the County Salary Board meet to consider a salary commensurate with Evans' qualifications and experience. Adamson's actions clearly resulted in a private pecuniary benefit to his daughter. Based upon the Stipulated Findings and Consent Agreement, we hold that Adamson violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his use of the authority of his public position as the County Controller for the private pecuniary benefit of his daughter, Kaitlin Evans, when he selected and hired his daughter to fill the vacant County Deputy Controller position. We agree with the parties, and we hold, that: (1) a violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § I I05(b)(5), occurred in relation to Adamson's failure to disclose on SFIs filed for the 2015 through 2019 calendar years direct or indirect sources of income; and (2) a violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred in relation to Adamson's failure to disclose his office, directorship, or employment in any business on his SFIs for calendar years 2018 and 2019. As part of the Consent Agreement, Adamson has agreed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Adamson has agreed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. Adamson has further agreed to file complete and accurate amended SFIs for calendar years 2015 through 2019 with the County, through this Commission, within thirty (30) days of the issuance of the final adjudication in this matter. Adamson, 20-032 Page 31 We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Adamson is directed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30'h) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Adamson is directed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Adamson is directed to file complete and accurate amended SFIs for calendar years 2015 through 2019 with the County, through this Commission, by no later than the thirtieth (301h) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As the Acting Controller for Clearfield County ("County"), Pennsylvania, from January 1, 2016, through December 31, 2017, and as the County Controller from January 1, 2018, to the present, Respondent Charles Thomas Adamson ("Adamson") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Adamson violated Section 1103(a) of the Ethics Act, 65 Pa.C.S, § 1103(a), in relation to his use of the authority of his public position as the County Controller for the private pecuniary benefit of his daughter, Kaitlin Evans, when he selected and hired his daughter to fill the vacant County Deputy Controller position. 3. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred in relation to Adamson's failure to disclose on Statements of Financial Interests filed for the 2015 through 2019 calendar years direct or indirect sources of income. 4. A violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred in relation to Adamson's failure to disclose his office, directorship, or employment in any business on his Statements of Financial Interests for calendar years 2018 and 2019. In Re: Charles Thomas Adamson, File Docket: 20-032 Respondent : Date Decided: 4/21/22 Date Mailed: 4/22/22 ORDER NO. 1800 1. Charles Thomas Adamson ("Adamson") — a public official in his capacities as the Acting Controller for Clearfield County ("County"), Pennsylvania, from January 1, 2016, through December 31, 2017, and as the County Controller from January 1, 2018, to the present — violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his use of the authority of his public position as the County Controller for the private pecuniary benefit of his daughter, Kaitlin Evans, when he selected and hired his daughter to fill the vacant County Deputy Controller position. 2. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred in relation to Adamson's failure to disclose on Statements of Financial Interests filed for the 2015 through 2019 calendar years direct or indirect sources of income. 3. A violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred in relation to Adamson's failure to disclose his office, directorship, or employment in any business on his Statements of Financial Interests for calendar years 2018 and 2019. 4. Per the Consent Agreement of the parties, Adamson is directed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. Per the Consent Agreement of the parties, Adamson is directed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. To the extent he has not already done so, Adamson is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2015 through 2019 with the County, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. 7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Picholas A. Colafell , Chair