HomeMy WebLinkAbout1813 TurturicePHONE: '717783-1610
TOLL. FIREE: 1 -800-932-.0936
In Re: Lane M. Turturice,
Respondent
siwm ETHICS COMMISSION
FINANCE BUILDING
613 NORTI-I STREET ROOM 309
HARIRIS13(JRG, PA 17120-0400
File Docket:
Order No,
Date Decided:
Date Mailed:
21-019
1813
10/3/22
10/5/22
FACSIMILE 717-787-0806
WEBSrm: wwwetlflgaq,��,(oy
Before: Mark R. Corrigan, Acting Chair
Shelley Y. Simms, Acting Vice Chair
Michael A. Schwartz
Rhonda Hill Wilson
Paul E. Parsells
David Reddecliff
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. § 11,01 et M., 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 not filed, and a hearing was deemed waived. The averments in the Investigative Complaint
are admitted and are set forth as the following Findings. The record is complete.
I. ALLEGATIONS:
That Lane M. Turturice, a public official/public employee in his capacity as the Executive
Director of the Greene County Housing Authority ("Authority"), violated Sections 1103(a) and
1105(b)(5) of the State Ethics Act (Act 93 of 1999):
(1) When he used the authority of his public position for his private pecuniary benefit
when he: claimed and accepted compensation from the Authority in his, position as
Executive Director for hours not worked;
(2) When he used the authority of his public position for his private pecuniary benefit
when he claimed and accepted compensation from the Authority as Executive
Director during Authority business hours for matters not related to official
Authority business, including but not limited to his private practice of law; and
(3) When he failed to disclose all reportable sources of income on his Statement of
Turturice, 21-019
Page 2
Financial Interests filed for calendar year 2017.
II. FINDINGS:
The Investigative Division of the State Ethics Commission ("Commission") received
information alleging that Lane M. Turturice ("Turturice") violated provisions of the State
Ethics Act (Act 93 of 1998),
2. Upon review of the information, the Investigative Division of the Commission initiated a
preliminary inquiry on June 11, 2021.
3. The preliminary inquiry was completed within sixty days.
a. The Commission, through the Executive Director, initiated a full investigation on
August 10, 2021.
4. On August 10, 2021, a letter was forwarded to Turturice by the Investigative Division of
the Commission, informing him that information against him was received by the
Investigative Division and that a full investigation was being commenced.
a. Said letter was forwarded by certified mail, no. 7019 1640 0000 4362 6942.
b. The domestic return receipt bore an illegible signature with no delivery date listed.
As is permitted pursuant to 65 Pa.C.S. § 1108(c), on October 26, 2021, the Investigative
Division of the Commission filed an application for a ninety -day extension of time to
complete the investigation.
6. The Commission issued an order on December 1, 2021, granting the ninety -day extension.
7. As is permitted pursuant to 65 Pa.C.S. § 1108(c), on February 24, 2022, the Investigative
Division of the Commission filed an application for a second ninety -day extension of time
to complete the investigation.
The Commission issued an order on March 25, 2022, granting the ninety -day extension.
9. On August 2, 2022, an amended Notice of Investigation was forwarded to Turturice, c/o
John E. Quinn, Esquire, by the Investigative Division of the Commission, informing him
that the allegations contained in the August 10, 2021, Notice of Investigation were being
amended.
a. Said letter was forwarded by certified mail, no. 7019 1640 0000 4362 7284.
10. Periodic notice letters were forwarded to Turturice, c/o John E. Quinn, Esquire, at least
every ninety days in accordance with the provisions of the Ethics Act, advising him of the
general status of the investigation.
Turturice, 2 I -019
Page 3
11. The Investigative Complaint/Findings Report was mailed to Turturice on August 5, 2022.
a. The Investigative Complaint/Findings Report was issued within 360 days of the
initiation of a full investigation.
12. Turturice was employed as the Executive Director of the Housing Authority of the County
of Greene ("Authority") from April 9, 2018, through December 31, 2018.
a. Turturice concurrently served as the official Secretary/Treasurer of the Board of
Directors ("Board") of the Authority as a result of his employment as Executive
Director.
b. Turturice's resignation as the Executive Director — Secretary/Treasurer was
approved by the Board at its October 18, 2018, meeting.
1. Turturice did not leave the position of Executive Director —
Secretary/Treasurer until December 31, 2018.
13. The duties and responsibilities of the Executive Director of the Authority and of the
Secretary/Treasurer of the Board are generally established within the Authority By -Laws.
a. The Authority By -Laws set forth that the Executive Director also serves as the
Secretary/Treasurer of the Board with the duties and responsibilities for each
position, in part, as follows:
1. Executive Director:
aa. The Executive Director is to have general supervision over the
administration of the business and affairs of the Authority subject to
the direction of the Authority; and
bb. The Executive Director is to be charged with the management of the
housing projects of the Authority.
2. Board Secretary/Treasurer:
aa. The Secretary/Treasurer is to keep the records of the Authority;
bb. The Secretary/Treasurer is to record all votes of meetings of the
Board;
CC. The Secretary/Treasurer is to keep a record of the Authority
proceedings in a journal for such purpose;
dd. The Secretary/Treasurer is to perform all duties incident to his
office;
Turturice, 21-019
Page 4
ee. The Secretary/Treasurer is to keep in safe custody the Authority seal
and have the power to affix such seal to all contracts and instruments
authorized to be executed by the Authority;
ff. The Secretary/Treasurer is to have the care and custody of all funds
of the Authority and is to deposit such in the name of the Authority
in such bank or banks as the Authority may select;
gg. The Secretary/Treasurer is to sign all orders and checks for payment
of money and is to pay out and disperse said moneys under the
direction of the Authority with all orders and checks countersigned
by the Board Chairman unless otherwise authorized by Resolution;
and
hh. The Secretary/Treasurer is to keep regular books of accounts
showing receipts and expenditures and is to render to the Authority
an account of his transactions and the financial condition of the
Authority at each regular meeting or sooner if requested.
14. The Authority is governed by a five -Member Board.
a. Board Members are appointed to five-year terms by the Greene County
Commissioners as the incorporating body of the Authority.
b. As the Executive Director of the Authority, Turturice was accountable to the Board
for the operation of the Authority and the implementation and enforcement of
Authority policy.
15. The Board held one legislative meeting per month on the third Thursday of the month at 5
p.m. in the conference room of the Authority administrative office during the 2018 calendar
year.
a. Special meetings were held as needed.
16. Voting at Authority meetings occurred in group aye/nay fashion after a motion was
properly made and seconded.
a. The Executive Director has no voting rights in relation to matters presented to the
Board.
17. From at least April 2018 through December 2018, signature authority over Authority
accounts was maintained by the Executive Director, the Board Chairman, and one
additional Board Member.
a. Checks issued from Authority accounts required at least two live signatures.
Turturice, 21-019
Page 5
18. The United States Housing Act of 1937 ("Housing Act") created the public housing
program.
a. The Housing Act established a system of federally funded financial assistance to
state and local organizations which provide affordable housing to low-income
families.
b. Under the Housing Act, assistance traveled through the states to local entities that
provided and operated the subsidized housing.
19. Subsequent to creation of the Housing Act, actual formation of Public Housing Authorities
("PHAs") occurred under the Pennsylvania Housing Authority Law.
a. The Pennsylvania Housing Authority Law identified the rights, responsibilities, and
powers of housing authorities.
20. Formation of a local housing authority occurs by resolution of the governing body of a
municipality or county upon declaring that there is a need for such.
a. The local governing entity is responsible for appointing eligible citizens to the PHA
Board.
1. The PHA Board is the policymaking body for the respective authority.
21. PHAs operate under an Annual Contributions Contract ("ACC") with the United States
Department of Housing and Urban Development ("HUD") which contains specific
contractual obligations and mutual responsibilities.
a. PHAs agree to operate in accordance with federal statutory and regulatory
requirements in exchange for funding.
1. PHAs are classified as "grantees" or "recipients" in relation to federal
funding received from HUD.
b. PHA responsibilities are identified in the ACC, federal regulations, HUD notices,
and HUD handbooks and guidebooks.
22. The Greene County Commissioners approved the creation of the Authority via Resolution
presented at the December 3, 1940, Greene County Commissioners' meeting.
a. The Greene County Commissioners approved the Authority's creation pursuant to
the authority granted them in the Pennsylvania Housing Authority Law.
1. The Authority was incorporated with the Pennsylvania Department of State,
Bureau of Corporations, on December 16, 1940, under Entity Number
147096,
Turturiee, 21-019
Page 6
2. The Authority's current physical address is 102 School Drive, Waynesburg,
PA 15370.
23. The Authority's objective 'is to assist the Greene County community with economic
development, community revitalization, and affordable housing.
a. The Authority pursues this objective through the operation of managed
communities, resident programs, community assistance programs, and Section 8
programs.
24. The Authority has utilized a Personnel Policy and Procedures Manual ("Manual") in
association with its day-to-day operations since at least September 19, 1990.
a. The Board approved revisions to the Manual on December 16, 2004, via Resolution
No. 2004-17, and on March 1, 2009, via Resolution No. 2009-03.
b. All Authority employees, including the Executive Director, are subject to the
Manual and its contents and mandates.
25. All new employees are provided with a copy of the Manual upon beginning employment
with the Authority.
a. Employees are required to sign the acknowledgement page of the Manual and
submit the signed document to the Executive Director for filing.
1. The employee's signature and submission of the acknowledgement
represents the employee's receipt of the Manual, agreement to become
familiar with the Manual and to seek clarification of information in the
Manual if necessary, and to follow the policies and procedures set forth in
the Manual.
26. The Manual includes a Table of Contents composed of specific sections including, but not
limited to, the following:
a. Types of Employment and Employment Benefits (Section G);
b. Working Hours (Section I);
C. Holidays (Section J);
d. Personal Days (Section K);
e. Annual Leave (Section L);
f. Sick Leave (Section M);
g. Leave without Pay (Section N); and
Turturice, 21-019
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h. Absence without Authorization (Section O).
27. The classification/definition for "Regular Employee" as well as new employee eligibility
for use of sick and annual leave appears in Section G of the Manual.
a. Regular employees are defined in the Manual as:
l . Individuals who perform their duties on a regular basis, fifty-two weeks per
year;
2. Individuals whose workweek normally consists of five consecutive days
generally of 7.5 or 8.0 hours per day;
aa. The Manual documents that certain days may exceed or fall short of
7.5 or 8.0 hours but in the aggregate equal 37.5 or 40.0 hours per
week.
3. The regular employee classification is synonymous with full-time
employee.
b. New employees are eligible to use paid sick leave and annual leave after thirty
calendar days of Authority service.
1. The Authority calendar year runs from January I" — December 3 1 " for the
purpose of Section G.
28. Employee working hours as well as the process for working overtime and/or claiming
compensatory hours are detailed within Section I of the Manual.
a. Regular working hours for Authority administrative personnel are 8:30 a.m. to 4:00
p.m., Monday through Friday, with a thirty -minute paid lunch period.
1. The Authority utilizes an informal flextime schedule by which two
administrative personnel may work from 8:00 a.m. — 3:30 p.m. and two
administrative personnel may work from 8:30 a.m. — 4:00 p.m. each week.
aa. The administrative personnel rotate between the two schedules on a
weekly basis.
2. Administrative staff, including the Executive Director, are not eligible to
receive overtime pay.
b. The Executive Director is authorized to approve compensatory time for
administrative staff for justified reasons.
Turturice, 21-019
Page 8
1. The Executive Director may authorize and/or approve his/her own accrual
and use of compensatory time.
29. Regular employees receive twelve specific holidays off work with pay per year as
documented within Section J of the Manual.
a. Regular employees receive paid days off each year for the following holidays:
- New Year's Day
Martin Luther King Day
- President's Day
- Good Friday
- Memorial Day
- Fourth of July
- Labor Day
Columbus Day
- Veterans Day
- Thanksgiving Day
- Friday following Thanksgiving
Christmas
b. Part-time and temporary employees are not eligible for receipt of paid days off for
holidays.
30. Regular full-time Authority employees are eligible to accrue and use paid personal leave
days, annual leave days, and sick days as noted within Sections K through M of the Manual,
respectively.
a. Personal days (Section K) are accumulated by regular Authority employees at the
following rate:
Authority Tenure (In Years) Personal Days Accrued
1 — 10 Years employment 1 per year
11 — 20 Years employment 2 per year
Turturice, 21-019
Page 9
Lei
C.
Authority Tenure (in Years) Personal Days Accrued
21 — 25 Years employment 3 per year
26 -+- Years employment 4 per year
1. Unused personal days cannot be carried over from one calendar year to the
next.
aa. For the purpose of Section K. the Authority calendar year is defined
as beginning with the employee's first full pay period commencing
on or after January 1" and continuing through the end of the
employee pay period that includes December 315t
Annual leave (Section L) is accumulated by regular Authority employees as
follows:
Authority Tenure (In Years) Annual Leave Accrued
Up to 1 Year Employment '/2 day per month
Following i Year Employment 12 days
Following 6 Years Employment 15 days
Following 10 Years Employment 21 days
Following 20 Years Employment 24 days
Following 25 Years Employment 26 days
Following 30 Years Employment 30
1. Unused annual leave may be carried over from one calendar year to the next
up to a maximum of 60 days.
aa. For the purpose of Section L, the Authority calendar year is defined
as beginning with the employee's first full pay period commencing
on or after January I` and continuing through the end of the
employee pay period that includes December 31".
Sick leave (Section M) is accumulated by regular Authority employees at the rate
of 11/4 days per month worked.
1. Authority regular employees may be paid for sick leave taken due to illness,
accident, and/or bereavement.
aa. Employees may use from two to five sick days for bereavement
dependent upon the family relation to the employee.
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Page 10
i. The number of hours used for bereavement leave is
subtracted from the employee's available balance of sick
leave.
2. Unused sick leave may be carried over from one calendar year to the next
in perpetuity up to a maximum of 100 days.
31. Section N and Section O of the Manual describe the availability of leave without pay as
well as potential consequences of absences without authorization, respectively, in relation
to Authority employees.
a. The Executive Director has the authority to approve leave without pay for
permanent Authority employees when necessary up to two months in any calendar
year with absences exceeding two months requiring the approval of the Board.
1. If possible, the employee is entitled to return to a position in the same or
equivalent classification within the agency.
2. Employees cannot earn annual, personal, and/or sick leave while on leave
without pay.
b. Absences without proper authorization may be considered sufficient cause for
disciplinary action, up to and including dismissal.
1. Deductions are to be made from the employee's pay for the period of the
absence without proper authorization.
32. The Authority office is formally open to the public Monday through Friday, 9:30 a.m. to
4:00 p.m., with the exception of recognized holidays.
a. A minimum of one Authority administrative employee routinely works a schedule
of 8:00 a.m. to 3:30 p.m. Monday through Friday due to the informal flextime
schedule utilized by Authority personnel.
1. Authority administrative personnel working from 8:00 a.m, to 8:30 a.m.
routinely assist any individuals from the public appearing at the Authority
administrative office during that time period.
33. Authority administrative employees do not utilize timesheets, a timeclock, or other medium
by which to document hours worked per pay period.
a. Payroll is processed and issued in-house by Authority Fiscal Assistant/Public
Housing Manager Renee Janco ("Janco").
1. Payroll is issued to Authority employees every two weeks.
Turturice, 21-019
Page 11
b. A complete payroll period for Authority administrative employees consists of 75.0
hours (7.5 hours per day x 10 workdays per pay period).
1. The Authority payroll period begins on Monday and concludes the second
following Friday (encompassing a two -week period).
34. Authority employees must account for any regular business hours not worked during a pay
period by use of appropriate leave (personal, annual, sick, etc.) to receive payment for such
hours.
a. Authority employees may request approval for an authorized absence without pay
if they do not wish to use leave or do not have a leave balance sufficient to cover
the number of absence hours needed.
1. The Executive Director may grant anticipated leave within the current
calendar year at his/her discretion in limited instances if an employee has
an insufficient leave balance to cover the desired leave.
b. Janco has been responsible for tracking and processing Authority employee accrual
and use of leave of all types from at least April 2018 through the present.
35. The Authority maintains an established process through which its employees are to request
the use of leave or request an approved absence.
a. Authority employees wishing to use Ieave or otherwise be granted an approved
absence must complete a Request for Leave or Approved Absence form (hereafter,
"Leave/Absence Request") which requires the following information:
I . The name of the employee requesting the leave or approved absence;
2. Identification of the type of leave/absence requested as either:
aa. Annual leave;
bb. Personal day;
CC. Sick leave;
If requesting sick leave, employees are to indicate if the
purpose is for a medical examination of the requesting
employee, a personal illness or accident, care of a family
member, or bereavement.
dd. Family sick;
ee. Bereavement;
Turturice, 21-019
Page 12
ff. Other paid absence; or
gg. Leave without pay.
3. The date, time, and total hours associated with the leave; and
4. The requesting employee's signature and date of certifying that the
requested leave/absence is for the purpose indicated.
aa. The cettification details that falsification of the information on the
form may be grounds for disciplinary action, including removal.
b. Employees are to submit the completed Leave/Absence Request to Janco for
tracking and processing of the appropriate leave type and quantity.
1. Once the leave type and usage hours are reconciled with the employee's
available balance, Janco initials the Leave/Absence Request, signifying the
document has been processed.
C. After being initialed by Janco, the Leave/Absence Request is forwarded to the
Executive Director for review, signature, and approval or denial.
1. Once approved or denied, the Leave/Absence Request is returned to Janco
for filing in the employee's leave record folder.
aa. Janco maintains a separate folder for each Authority employee's
individual leave records for each calendar year.
36. The Executive Director is responsible for completing and approving (e.g. signing) his/her
own Leave/Absence Requests and submitting the forms to Janco for processing.
a. The Board does not review and/or approve the Executive Director's Leave/Absence
Requests,
1. The Executive Director may use his/her available leave at his/her discretion.
b. The Executive Director is to utilize Leave/Absence Request forms to document
leave taken and to facilitate the tracking of his/her leave balances.
37. Turturice/Turturice & Associates, LLC served as the Authority Solicitor from at least June
30, 2016, until April 8, 2018.
a. Turturice has worked as a licensed attorney within the Commonwealth of
Pennsylvania since approximately April 12, 2000.
b. Turturice previously served as legal counsel to the Authority from at least May 6,
2010, through the firm Berggren & Turturice, LLC.
Turturice, 21-019
Page 13
38. Lois Mocniak ("Mocniak") served as the Executive Director from August 30, 1989, until
her formal retirement effective April 8, 2018.
a. Mocniak served as the Interim Executive Director from approximately May 3,
1989, until August 29, 1989.
b. Mocniak's tenure at the Authority spanned a total of approximately 47 years.
39. Mocniak officially informed the Board during her Executive Director's report presented at
the May 18, 2017, Board meeting of her pending retirement date of June 30, 2017.
a. Mocniak announced her intention to assist the new Executive Director in
transitioning into the position.
1. Mocnialc's pending retirement was common knowledge among Authority
representatives in the months preceding the May 18, 2017, Board meeting.
b. Turturice was present at the May 18, 2017, regular Board meeting.
40. After the meeting adjourned, Turturice initiated conversation with Mocniak and expressed
potential interest in the Executive Director position.
a. Turturice questioned Mocniak about her salary as the Executive Director and her
duties in the position.
41. Mocniak subsequently identified her salary to Turturice and explained the various
actions/duties she performed as the Executive Director.
a. Mocniak performed the vast majority of her job functions from the Authority
administrative office located at 102 School Drive, Waynesburg, PA 15301.
1. Mocniak's out -of -office duties consisted of appearing at tenant hearings,
addressing resident concerns/complaints, participating in construction
meetings, etc.
b. Turturice ultimately informed Mocniak of his intent to take the Civil Service Exam
for the position when the vacancy was advertised.
42. During or about August 2017, Mocniak initiated the State Civil Service Commission
("SCSC") hiring process for the pending Executive Director vacancy at the Authority.
a. Mocniak received an initial copy of the draft vacancy announcement for the
position via email from the SCSC Bureau of Personnel Assessment, Testing Unit,
on August 31, 2017, and an updated copy on September 1, 2017, for review and
approval.
Turturice, 21-019
Page 14
1. The SCSC Bureau of Personnel Assessment, Testing Unit, supplied
Mocniak with a copy of the Final Letter and the Final Test Announcement
as well as various attachments via email dated September 6, 2017.
43. The SCSC Recruitment Bulletin for the Executive Director position was documented under
Test Announcement 2000-094, which identified an application period of September 11,
2017, through September 22, 2017, as well as, in part, the following:
a. Classification of the position as full-time employment in Greene County at a
starting salary of $60,000;
l . Additional information on the announcement documented that the specific
starting salary was dependent on the individual's qualifications and the
vacancy location.
b. Job duties including:
Planning, organizing, and coordination of all phases of the Authority
program;
2. Serving as the advisor to the Board on all management problems and
recommending improvements to methods and procedures;
3. Analyzing records and reports to determine the effectiveness of overall
operations; and
4. Exercising independent judgement within the framework of establishing
policy and existing laws governing housing authorities.
C. Qualifications including a Pennsylvania residency requirement within Greene,
Washington, or Fayette County at the time of application and the ability to perform
essential job functions.
d. Directions on how to view additional minimum requirements consisting of at least
the following:
l . Experience and Training:
aa. Three years of professional administrative supervisory experience
in a housing authority or other publicly or privately owned
government subsidized housing and a bachelor's degree; or
bb. Four years of professional administrative experience in residential
property management, including two years of supervisory
experience, and a bachelor's degree; or
Turturice, 21-019
Page 15
cc. An equivalent combination of experience and training which
included three years of professional administrative supervisory
experience in subsidized housing or four years of professional
administrative experience in residential property management,
including two years of supervisory experience.
44. Turturice submitted an online application for employment to the SCSC on September 20,
2017, for Test Announcement Number 2000-094.
a. Test Announcement Number 2000-094 referenced the Job Title of "Executive
Director Housing Authority" under Job Code L0274.
b. Turturice identified an available start date of December 11, 2017, on his
application.
45. As of at least September 26, 2017, the SCSC Test Administration Unit had determined that
Turturice did not meet the minimum experience and training requirements (METS) for
employment in the Executive Director Housing Authority (1,0274) job classification.
a. Turturice crafted and submitted correspondence dated September 27, 2017, to the
SCSC appealing/challenging its determination of his ineligibility.
46. Turturice presented multiple assertions within the September 27, 2017, correspondence
regarding his qualifications/experience as well as his reason for applying including, in part,
the following:
Because of a lack of interest for the job within the Authority,
the Board of Directors of the Greene County Housing
Authority and its Executive Director specifically asked me
to apply for this position because they felt my professional
administrative supervisory experience with the Authority,
combined with my professional and business background
would be an asset to the Authority, as a potential candidate
for this position.
a. Turturice declared that all of the information provided within the correspondence
was complete, true, accurate, and correct.
Turturice was not specifically requested to apply for the Executive Director
position by either the Board as a whole and/or by Mocniak as the existing
Executive Director.
aa. The sole reference to Turturice serving in the position consisted of
Board Chairman Ann Bargerstock's ("Bargerstock") verbal opinion
that Turturice may be a good Executive Director.
Turturice, 21-019
Page 16
2. Turturice had no professional administrative supervisory responsibility over
any Authority employees or Authority representatives in his capacity as the
Authority Solicitor.
b. The SCSC ultimately reversed its decision that Turturice did not have the necessary
METs for job classification L0274 and permitted Turturice to test for the position.
47. Turturice participated in an oral examination before representatives of the SCSC in
Harrisburg, Pennsylvania on Tuesday, November 21, 2017, regarding Announcement No.
2000-094, Job Code L0274, Job Title Executive Director Housing Authority.
a. Turturice received a raw score of 23 out of a possible 72 points.
b. Turturice's raw score equaled a total score of 67 when converted to a 100-point
scale.
48. On January 4, 2018, Mocniak submitted an SCSC-90 form to the SCSC via email
transmission, requesting a list of candidates eligible for employment as the Executive
Director.
a. Later that same day, Mocniak received Form SCSC-91, PA Civil Service
Commission Certification of Eligibles (Certification No. 00126), via email
transmission detailing three individuals eligible for the position and their respective
scores as follows:
Name Score
M. M. Ralston 77.00
B. A. Burkhart 70.00
L. M. Turturice 67.00
49. On or about January 26, 2018, Mocniak contacted each of the individuals on the
Certification of Eligibles via telephone and inquired into his/her continued interest in the
Executive Director position.
a. Burkart removed herself from consideration for the Executive Director position as
of the January 26, 2018, telephone call.
1. Burkhart reportedly had obtained new employment prior to Mocniak's
contact.
50. Ralston and Mocniak had multiple telephone conversations over the time period of January
26, 2018, to February 28, 2018, regarding the Executive Director position and the starting
salary for the position.
Turturice, 21-019
Page 17
a. Mocniak informed Ralston that the starting salary for the position was $60,000.00
annually.
Ralston had been employed with the Housing Authority of the City of
Pittsburgh since 2003 at the time she was contacted by Mocniak.
aa. Ralston had served in the positions of Site Manager, Real Estate
Asset Manager, and Director of Asset Management during her
tenure with the Housing Authority of the City of Pittsburgh.
bb. Ralston held a Pennsylvania Real Estate License and multiple
housing certifications at that time, including certification as a Public
Housing Manager through the National Association of Housing and
Redevelopment Officials (NAHRO).
CC. Ralston's salary was greater than $60,000.00 annually at the time of
Mocniak's contact.
2. Bargerstock had presented the $60,000.00 starting salary for the position to
Mocniak regarding potential candidates after informal discussion with the
Board.
51. Although interested in the position, Ralston required a salary equal to or higher than her
existing salary at the Housing Authority of the City of Pittsburgh in order to relocate.
a. Mocniak informed Bargerstock of the salary situation involving Ralston and
requested that Bargerstock consider increasing the starting salary for the position.
Bargerstock refused to increase the $60,000.00 annual salary for the
position.
52. Mocniak contacted Turturice via telephone in or about February 2018 and informed
Turturice that he would likely be the candidate selected for the Executive Director position.
53. At the February 15, 2018, regular Board meeting, the subjects of Mocniak's retirement and
the Executive Director vacancy were addressed under "Other Business."
a. Mocniak informed the Board of her revised retirement date of April 2, 2018.
b. Bargerstock informed the Board that two of three individuals remained on the
eligibility list for the Executive Director position.
Discussion occurred at the meeting regarding tentative interviews of the
remaining candidates to potentially be scheduled for February 21, 2018.
54. Turturice did not formally interview with any Authority representatives for the Executive
Director position.
Turturice, 21-019
Page 18
a. Turturice was aware by at least late February/early March 2018 that he was the sole
remaining candidate for the Executive Director position.
1. Ralston had declined interest as of at least February 28, 2018.
55. At the March 15, 2018, Board meeting, Board Member Michael Caruso ("Caruso")
motioned, seconded by Board Member Elizabeth Kennedy ("Kennedy"), to approve
Turturice's hiring as the Executive Director effective April 9, 2018.
a. Bargerstock, Caruso, and Kennedy unanimously approved the motion to hire
Turturice as the Executive Director.
1. One Board Member was absent and one vacancy existed on the Board at the
time of the March 15, 2018, Board meeting.
b. Turturice was present at the March 15, 2018, meeting in his capacity as the
Authority Solicitor.
56. Turturice's annual salary as the Executive Director was not documented within the minutes
of the March 15, 2018, meeting or the minutes of any subsequent public meetings.
a. Bargerstock set Turturice's salary at $65,000.00 annually contemporaneous to the
Board's vote to employ Turturice.
1. Turturice had requested a minimum annual salary of $75,000.00.
aa. Bargerstock informed Turturice that his salary would be revisited in
three months.
2. Turturice's $65,000.00 annual salary was equivalent to an hourly wage of
approximately $33.33 per hour ($65,000.00 -- 26 pay periods - 75.00 hours
per pay period).
b. Turturice's $65,000.00 starting salary was not formally voted on or approved by
the Board.
C. The Authority's March 15, 2018, meeting minutes were unanimously approved
with no corrections by the Board at its May 17, 2018, regular meeting.
1. Bargerstock seconded the motion and voted affirmatively at the May 17,
2018, Board meeting to approve the minutes of the March 15, 2018, Board
meeting.
57. At the same time that he was hired as Executive Director, Turturice was engaged in the
practice of law in a full-time capacity as the sole proprietor of Turturice & Associates,
LLC.
Turturice, 21-019
Page 19
a. A Certificate of Organization was filed with the Pennsylvania Department of State
— Bureau of Corporations and Charitable Organizations for Turturice & Associates,
LLC on June 16, 2016.
b. Turturice identified the professional service to be provided through Turturice &
Associates, LLC as "Practice of law."
c. Turturice's clients consisted of various municipal entities and/or political
subdivisions as well as private individuals.
58. Turturice disclosed to Mocniak and Bargerstock his need for a period of approximately
three months to transition from his private practice to the full-time Executive Director
position during which he would not be available in a full-time capacity at the Authority.
a. Turturice was not supposed to accept any new clients and was to phase out his
existing clients/practice over the transition period.
b. Turturice was to assume the duties of the Executive Director on a full-time basis at
the conclusion of the transition period.
C. The transition period covered from approximately mid -March 2018 to
approximately mid -June 2018.
1. Turturice had previously verified on his SCSC application his ability to start
full-time employment as the Executive Director in slightly less than three
months.
aa. Tuturice's SCSC application was filed on September 20, 2017, and
documented an available start date of December 11, 2017.
i. The September 20, 2017, through December 10, 2017, date
range consisted of approximately two months and three
weeks (81 days).
59. Turturice officially began employment as the Executive Director effective Monday, April
9, 2018.
a. Mocniak's formal retirement date/last day of work as the Executive Director was
Sunday, April 8, 2018.
1. Mocniak altered her amended retirement date of April 2, 2018, to April 8,
2018, at Turturice's request.
b. Turturice's employment as the Executive Director included a three-month
probationary period.
Turturice, 21-019
Page 20
60. Mocniak personally supplied Turturice with a copy of the Manual and employee leave
request forms for reference and/or use contemporaneous to his hiring as the Executive
Director.
a. Turturice made himself familiar with the Manual and referenced it as needed.
b. Turturice did not submit his completed acknowledgement sheet to Authority
personnel for filing/custody purposes.
1. No completed acknowledgement form is present in Turturice's file at the
Authority.
61. As the Executive Director, Turturice's primary physical work location was the Authority
administrative building located at 102 School Drive, Waynesburg, PA.
a. Turturice maintained a private office within the Authority administrative building.
l . Turturice routinely left his office door open.
2. The physical location of Turturice's office in the administrative building
required him to pass by multiple Authority employees and their
workstations to gain access to his office.
3. Multiple Authority employees could see inside Turturice's office from their
workstations with minimal effort if they desired to do so.
b. Turturice was not approved and/or equipped to work remotely as the Executive
Director.
l . Turturice did not maintain an Authority laptop computer.
2. Turturice's personal laptop computer did not contain the required HUD
applications for completion of various Executive Director duties.
62. In his position as the Executive Director, Turturice's normal business hours were 8:00 a.m.
— 3:30 p.m. or 8:30 a.m. ---- 4:00 p.m. with a one-half hour paid lunch, Monday through
Friday, for a 37.5 hour workweek.
a. As the Executive Director, Turturice had the autonomy to work either the 8:00 a.m.
to 3:30 p.m. or the 8:30 a.m. to 4:00 p.m. administrative building schedule
throughout the workweek to account for his 37.5 weekly hours.
63. Although required to work established Authority administrative hours, the 37.5 hour per
week work requirement did not apply to Turturice during his agreed upon transition period
with Bargerstock.
Turturice, 21-019
Page 21
a. Turturice's three-month transition period spanned the time frame of approximately
March 15, 2018, through June 11, 2018.
Turturice's transition period was part of an oral agreement between he and
Bargerstock.
aa. No terms, conditions, or allowances pertaining to the transition
period were memorialized in writing in a formal contract,
agreement, memo, etc., between the Authority and Turturice.
2. The March 15, 2018, through June 11, 2018, transition period totaled 88
days or one week longer than the time frame Turturice documented on his
SCSC application.
64. Turturice failed to work the regular full-time compliment of T5 hours on his first day of
employment as the Executive Director.
a. Janco personally observed Turturice enter and subsequently leave the Authority
administrative office at approximately 8:00 a.m. and 2:00 p.m., respectively, on
April 9, 2018.
1. Turturice worked approximately 6.0 hours on his first day of employment
as the Executive Director.
65. Janco documented Turturice's April 9, 2018, arrival and departure times on her desk
calendar upon observing Turturice leave the Authority office at approximately 2 p.m.
a. Janco personally questioned the appropriateness of Turturice's behavior in leaving
the office early on his first day.
66. Janco continued to observe, document, and track Turturice's arrival and departure times at
the Authority administrative office from April 9, 2018, forward.
a. Janco, at times, enlisted DeFrancesco's assistance in tracking Turturice's absences
from the Authority office.
67. Janco ultimately transferred the information on Turturice's arrival and departure dates and
times from her large desk calendar to a smaller monthly calendar.
a. Janco maintained the calendar in the middle drawer of her office desk for quick
access to contemporaneously document Turturice's coming and going.
b. Janco consistently recorded Turturice's approximate arrival and departure times for
regular Authority workdays and hours over the period of April 9, 2018, through
December 31, 2018, to the extent possible.
Turturice, 21-019
Page 22
68. Turturice began employment as the Executive Director with minimal knowledge of the
Authority's day-to-day operations, required reports, programs, etc.
a. Turturice rarely requested assistance from existing Authority employees in relation
to training/direction needed to complete the dirties of the Executive Director
position.
69. Although formally retired, Mocniak traveled to the Authority office on multiple occasions
after Turturice's start date to assist Turturice with job duties, training, and his overall
transition to the Executive Director position.
a. Mocniak primarily traveled to the Authority office to meet with and counsel
Turturice during his transition period.
Mocniak had an existing balance of unused annual leave hours and sick
leave hours which she utilized on a daily basis from April 9, 2019, until
September 26, 2018.
b. Turturice was frequently absent from the Authority office when Mocniak
arrived/was present.
70. Authority employees frequently recognized Turturice's absence from the Authority office
during regular administrative hours and often observed Turturice engage in activities
unrelated to Authority business when present at the Authority office.
a. Authority employees performed some Executive Director duties and
responsibilities due to Turturice's consistent absences from the Authority office.
b. Authority employees overheard Turturice on the telephone with his law office and
with private clients while in his Authority office during regular Authority business
hours.
C. Authority employees observed Turturice watching news and/or other programming
on his personal laptop computer while in his Authority office during regular
Authority business hours.
d. Authority employees observed Turturice sleeping while in his Authority office
during regular Authority business hours.
71. Turturice's transition period from his private practice to full-time Executive Director
expired as of approximately .tune 11, 2018.
a. Turturice was absent from the Authority in his role as the Executive Director on
multiple days for varying hours during his transition period.
Turturice, 21-019
Page 23
1. Turturice was not required to use leave to account for his absences at the
Authority during his transition period with the exception of April 24"' and
25"', 2018.
aa. Turturice was advanced 15.0 hours in sick leave for bereavement
purposes for April 24" and 25", 2018, which was recouped by the
Authority as of June 4, 2018.
i. Turturice's absences from the Authority administrative
office on April 24"' and 25"', 2018, were personal in nature
and unrelated to the purpose of his transition period.
b. Turturice was paid his full $2,500.00 biweekly salary for each applicable pay period
within the transition time frame identified.
72. Turturice continued to be absent from the Authority administrative office during periods
of normal business hours on multiple occasions after his transition period expired on June
11, 2018.
a. Only a portion of Turturice's absence hours were accounted for with properly
completed, submitted, and approved Leave/Absence Requests and available leave
hours.
73. Turturice began completing and submitting Leave/Absence Requests to Janco for
processing effective June 12, 2018, for a portion of his absences which occurred during
regular Authority administrative hours.
a. Turturice approved his own leave as the Executive Director.
1. Turturice signed his own Leave/Absence Requests as the individual
requesting the leave as well as the individual approving the leave.
74. Turturice completed, approved, and submitted Leave/Absence Requests for himself
accounting for a total of 34.0 hours over the date range of June 12, 2018, through July 27,
2018, as shown below:
Requestor
Leave
Date
Time
Hours
Date
Date
Approved
T"-e
Submitted
Approved
By
Turturice
Annual
06/12/18
8 a.m. — 12 p.m.
4.0
06/12/18
06/12/18
Turturice
Turturice
Annual
06/14/18
1 p.m. — 4 p.m.
3.0
06/14/18
06/14/18
Turturice
Turturice
Personal
06/15/18
8 a.m. -- 4 p.m.
7.5
06/14/19
06/14/18
Turturice
Turturice
Annual
06/25/18
2:30 p.m. --4
1.5
06/26/18
06/26/18
Turturice
p.m.
Turturice
Annual
07/03/18*
8 a.m.4 p.m,
7.5
07/02/18
07/02/18
Turturice
Turturice, 21-019
Page 24
Requestor
Leave
Date
Time
Hours
Date
Date
Approved
Type
Submitted
Al2]2roved
RX
Turturice
Annual
07/05/18*
8 a.m. —4 p.m.
T5
07/02/18
07/02/18
Turturice
Turturice
Sick
07/23/18
12:30 p.m. —
2.0
07/23/18
07/23/18
Turturice
2:30 p.m.
Turturice
Annual
07/27/18
3 p.m.-4 p.m.
1,0
07/27/18
Blank
Turturice
Total
34.0
*Note: July 3rd°2018, and July 5"'- 2018, leave requested on one Leave/Absence Request Form.
75. On or about July 27, 2018, Janco provided Turturice with a copy of his Excel leave tracking
sheet and informed Turturice that he was in a deficient status regarding annual leave.
a. Turturice's Excel leave tracking sheet identified Turturice's existing leave balances
as follows:
1. Annual leave: -46.0 hours.
2. Personal leave: 0.0 hours.
3. Sick leave: 11.0 hours.
76, Turturice, as the Executive Director, did not complete and/or submit Leave/Absence
Requests for his Authority absences from the time of Janco's presentation to him
throughout the remainder of his tenure.
a. Turturice continued to be absent from the Authority during periods of regular
business hours without using annual leave to account for his absences.
I. Turturice approved his own absences as the Executive Director with
intentional disregard for the established Authority leave policy/process.
2. Turturice approved absences for himself in excess of his available annual
leave balance.
aa. Turturice carried a constant deficit in his annual leave balance from
at least July 2, 2018, through December 31, 2018.
77. In or about early to mid -July 2018, Turturice met with Bargerstock outside of the Authority
administrative office to address Authority business.
a. During the meeting, Turturice and Bargerstock discussed Turturice's probationary
period as well as his salary.
1. Turturice informed Bargerstock that his probationary period was ending
and:
Turturice, 21-019
Page 25
aa. He did not wish to continue his employment as the Executive
Director;
bb. He did not know the inner workings of the Authority;
CC. He was "dropping" things at the Authority;
dd. He did not feel competent in the position; and
cc. He did not have the training to continue as the Executive Director.
2. Bargerstock requested that Turturice give the position more time and
offered Turturice an increase in salary of $10,000.00 annually as an
incentive to remain in association with the conclusion of his probationary
period.
aa. The $10,000.00 increase raised Turturice's existing $65,000.00
salary to his original minimum request for a salary of $75,000.00
annually.
i. Tuiturice's $75,000.00 annual salary was equivalent to an
hourly wage of approximately $38.46 per hour ($75,000.00
26 pay periods - 75.00 hours per pay period).
b. Turturice accepted Bargerstock's proposal and agreed to continue as the Executive
Director in conjunction with the salary increase.
78. Bargerstock unilaterally made the decision to increase Turturice's salary absent any formal
presentation to and/or any formal vote by the Board as a whole.
a. No Board meetings were held in July 2018 or August 2018.
b. Minutes for the Board's June 2018 and September through December 2018
meetings document no reference to and/or approval by the Board for a salary
increase of any amount for Turturice.
1. The Authority's June 21, 2018, and September 2018 through December
2018 meeting minutes were unanimously approved by the Board at each
subsequent regular Board meeting.
aa. Bargerstock was present at and participated in the vote taken at each
Board meeting to approve the minutes of the prior meeting.
bb. The minutes contain no documentation regarding the Board's
approval of Turturice's $10,000.00 salary increase.
Turturice, 21-019
Page 26
2. The minutes for each meeting identified were approved with no corrections.
aa. Turturice, as the Board Secretary at that time, was responsible for
and signed the minutes for each meeting.
79. Contemporaneous to her meeting with Turturice, Bargerstock verbally directed Janco to
increase Turturice's salary in the amount of $10,000.00 annually,
a. Turturice's salary increased in the amount of $10,000.00 to $75,000.00 annually
effective July 7, 2018.
1. The salary in was incorporated into Turturice's payroll check issued
on July 20, 2018, for the prior two -week pay period.
80. Turturice told Commission investigators that by mid -August 2018, he had decided to forfeit
his employment as the Executive Director on a continual basis or for any extended period
of time.
a. Turturice continued to be absent from the Authority office during regular
administrative hours for which, at that time, he received payment of his full salary
as Executive Director.
b. Turturice was not performing/completing work of any significant measure for the
Authority as the Executive Director at that time.
1. Turturice was aware that multiple items/issues needed addressed at the
Authority.
2. Turturice did not possess the specific knowledge to address the items/issues.
81. Repeated employee reports to Bargerstock as well as at least one report to Board Vice -
Chairman Keith Davin of Turturice's absenteeism and failure to perform the duties of the
Executive Director ultimately resulted in the Board informally deciding that Turturice may
need to be removed from the Executive Director position.
a. Bargerstock had previously informed Turturice of her concerns.
1. Turturice subsequently submitted a letter of resignation dated October 9,
2018, through Bargerstock to the Board based on his discussion with
Bargerstock.
2. Turturice was to remain as the Executive Director on a part-time basis until
a replacement was found.
82. Turturice's letter of resignation was presented to and accepted by the Board at its October
18, 2018, regular meeting.
Turturice, 21-019
Page 27
a. Turturice's letter of resignation detailed that:
1. He had "chosen" to resign as the Executive Director.
2. He was willing to remain in the role of Executive Director until a
replacement was located.
aa. Turturice's letter of resignation did not document any amendment
of Turturice's employment status from full-time to part-time.
b. Turturice's resignation was accepted by the Board via 3-0 unanimous vote.
C. The minutes of the October 18, 2018, Board meeting document no discussion or
action taken by the Board regarding Turturice's change in status from full-time to
part-time.
1. The minutes for the October 18, 2018, Board meeting were approved with
no corrections.
aa. Turturice, as the Board Secretary at that time, was responsible for
and signed the minutes of the October 18, 2018, meeting.
83. Turturice officially remained as the Executive Director beyond October 18, 2018; however,
Turturice continued to incur various absences at the Authority office during regular
workdays and hours.
a. Turturice continued to receive payment of his full salary as the Executive Director
through the pay period ending November 9, 2018, despite having no available
annual leave to account for multiple absences.
1. Janco emailed Bargerstock on November 6, 2018, questioning if Turturice
was to receive his full salary although he was working only part-time since
his resignation.
84. Bargerstock replied to Janco via email dated November 6, 2018, directing Janco to pay
Turturice his full salary for the current pay period with his future salary to be adjusted
based on time worked.
a. Janco emailed Bargerstock on November 19, 2018, seeking confirmation of
Bargerstock's earlier direction.
b. Bargerstock reaffirmed her earlier direction regarding Tuiturice's salary in an email
response to Janco later that same day.
85. Although he was supposed to be paid on an hourly basis effective November 12, 2018, for
actual hours worked, Turturice received payment from the Authority in an amount equal
to one-half of his salary effective November 24, 2018, through January 4, 2019.
Turturice, 21-019
Page 28
a. Turturice began receiving one-half of his salary as a result of an oral agreement
reached with Bargerstock.
1. The reduction in salary was based upon the understanding that receipt of
one-half of Turturice's normal salary was to correspond with Turturice
working one-half of the hours in a complete pay period (37.5 hours versus
75.0 hours).
aa. Neither the reduction in hours nor the reduction in salary was
presented to the Board for formal approval via motion and vote.
A reduction in Turturice's hours to be worked and/or salary
to be received as the Executive Director are not documented
within the minutes of the October 18, 2018, through
December 17, 2018, Board meetings.
ii. Turturice, as the Board Secretary at that time, was
responsible for and signed the minutes of the October 18,
2018, through December 17, 2018, Board meetings.
2. January 4, 2019, represented the end of the pay period for which Turturice's
last payroll check was issued.
86. Turturice maintains multiple financial accounts at Community Bank, including a joint
Community Choice Checking Account (the "Checking Account" or "Acct. No. x") with
his spouse.
a. The Checking Account was opened on August 11, 2011.
b. The Checking Account requires one signature for withdrawals.
1. Turturice and his spouse are the only authorized signatories on the Checking
Account.
87. Turturice received wages from the Authority as its Executive Director totaling $47,980.76
(gross) during his April 9, 2018, through December 31, 2018, tenure as detailed below:
Ck #
Ck Date
Ck Amt
Salary Portion
Signatories
Deposit Date
Account No.
27101
4/13/2018
$1,250.00 *
$1,250.00
Mocniak/Bargerstock
5/4/2018
Acct. No. x
27187
5/11/2018
$2,500.00
$2,500.00
Turturice/Bargerstock
5/16/2018
Amt. No. x
27144
4/27/2018
$2,500.00
$2,500.00
Turturice/Bargerstock
5/16/2018
Acct. No. x
27226
5/25/2018
$2,500.00
$2,500.00
Turturice/Bargerstock
5/25/2018
Acct. No. x
27272
6/8/2018
$2,500.00
$2,500.00
Turturice/Bargerstock
6/8/2018
Acct. No. x
27315
6/22/2018
$2,500,00
$2,500.00
Turturice/Bargerstock
6/22/2018
Acct. No. x
27372
7/6/2018
$2,500.00
$2,500.00
Turturice/Bargerstock
7/6/2018
Acct. No. x
27412
7/20/2018
$2,884.62
$2,884.62
Turturice/Bar erstock
7/20/2018
Acct. No. x
Turturice, 21-019
Page 29
Ck #
Ck Date
Ck Amt
Salary Portion
Signatories
Deposit Date
Account No.
27460
8/3/2018
$2,884.62
$2,884,62
Turturice/Bargerstock
8/3/2018
Acct. No. x
27502
8/17/2018
$3,855.53^
$2,884.62
Turturice/Bargerstock
8/17/201.8
Acct. No. x
27527
8/31/2018
$2,884.62
$2,884.62
Turturice/Bargerstock
9/4/2018
Acet. No. x
27580
9/14/2018
$3,005.98 ^
$2,994,62
Turturice/Bargerstock
9/14/2018
Acct. No. x
27625
9/29/2018
$3,005.98 ^
$2,984.62
Turturice/Bargerstock
9/28/2018
Acct. No. x
27679
10/12/2018
$3,005.98/1
$2,884.62
Turturice/Bargerstock
10/12/2019
Acct. No. x
27714
10/26/2018
$3,005.98 ^
$2,884.62
TurturiceBargerstock
10/26/2018
Acct. No. x
27762
11/9/2018
$3,005.98^
$2,884.62
Turturice/Bargerstock
11/9/2018
Acct. No. x
27827
11/23/2018
$1,442.25
$1,442.25
Turturice/Bargerstock
11/30/2018
Acct. No. x
27876
12/7/2018
$1,442.31
$1,442.31
Turturice/Kennedy
12/13/2018
Acct. No. x
27899
12/21/2018
$1,442.31
$1,442.31
Turturice/Bargerstock
12/22/2018
Acct. No. x
27964
1/4/2019
$1,442.31
$1,442.31
Turturice/Bargerstock
1/12/2019
Aect. No. x
Total
49,558.47
$47,980.76
*Turturice began employment during the second week of the two -week pay period.
^Includes buyout for opting out of Authority provided health care.
a. Turturice signed nineteen of twenty payroll checks as an Authority signatory which
were issued to him in his position of Executive Director.
L Turturice authorized his receipt of wages for hours not worked or otherwise
accounted for by proper use of leave by signing his payroll checks as an
authorized signatory.
88. Although classified as a salaried employee, Turturice was required to work 37.5 hours per
week as the Executive Director.
a. SCSC Test Announcement 2000-094 for Job Code L0274 (Executive Director
Housing Authority) identified the type of work as "Full-time employment."
L Turturice applied for the Executive Director position through Test
Announcement 2000-094.
b. Under the Civil Service Reform Act (CSRA), matters of personnel management
(e.g. the number of hours required to be full -trope, conditions of employment,
benefits, etc.) are left to the exclusive jurisdiction of the housing authority.
1. The Manual identifies regular employees (aka full-time employees) as
individuals performing their duties on a regular basis, fifty-two weeks per
year, with a work week normally consisting of five consecutive workdays
generally of 7.5 or 8.0 hours each.
89. Turturice was capable of accruing a comprehensive total of approximately 126.00 hours of
annual, sick, and personal leave from April 2018 through December 2018 as follows based
on the mandates set forth in the Manual.
Lenve Rate Ara 2 May June July Aug Sent Oct Nov Dec Total Days/Hours Possible
Personal 1 day/year N/A N/A N/A N/A N/A N/A NIA N/A NIA 1,00 day _ 7 bm, 30 min.
Turturice, 21-019
Page 30
Leave
Rate April
Mal
dune
July
Aug
Scot
Oct
Nov
Dee
Total Days/Hours Possible
Annual
% day/month 0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
0.50
4.50 days = 33 hrs., 45 min.
Sick
1 '/e day/month 1.25
1.25
1.25
1.25
1.25
1.25
1.25
1,25
1,25
11,25 days = 84 hrs„ 23 min.
rotal
1.75
L75
1.75
1.75
1.75
1.75
1.75
1.75
1.75
16.75 days = 125 hrs., 38 min.*
*Rounded to nearest hour increment (125 hours, 38 minutes = 126.00 hours)
90. Turturice had been absent from the Authority in his role as the Executive Director for
approximately 58.50 hours by the conclusion of his transition period (April 9, 2018 - June
11, 2018) as detailed below:
Time Period - Hours Absent
April 91h - 301h 28.50
May 1st - 31 st 21.00
June I" -I It" 9.00
58.50
a. Turturice's three-month transition period formally began on March 15, 2018, upon
the Board approving Turturice to serve as the new Executive Director.
1. Turturice was not required to utilize leave to account for his absences during
the April 9, 2018, through June 11, 2018, transition period.
91, Turturice approved and utilized a total of 34.0 hours of leave for himself to account for his
absences as the full-time Executive Director during regular administrative business hours
over the date range of June 12, 2018, through December 31, 2019, as detailed below:
Time Period
--Hours Absent
Leave Used
-Total Hours Absent W/O Leave
June 121h - 30Lh
26.50
16.00 hrs. annual/personal (8.5 / 7.5)
10,50
July 1 g' - 3151
58.50
18.00 hrs, annual/sick (16.0 / 2.0)
40.50
August I" - 315L
61.50
None
61.50
September P - 3011,
43.50
None
43.50
October V-3151
83.00
None
83,00
November I"- 30111
38.00*
None
38.00*
December V - 315'
40.00*
None
40.00*
Total
351.00*
34.00
317.00*
1 aI Ub L11LV iEL:L;VLULL 1 UK ILHV V WUl11111r, a IIUUR: U, j1ULL-ULLLV bL11GUUIU LGtjUll Mr, J I.J FIVL113 PQ1 NAY PVIJUU Cl� UL INUVWIIUGI 14, .4V 10.
a. Turturice was absent from the Authority for approximately 317.00 hours for which
he did not utilize leave and/or have the leave balance necessary to account for his
absences.
Turturice, 21-019
Page 31
b. Turturice received his agreed upon salary as the Executive Director from .tune 12,
2018, through December 31, 2018, although absent from the Authority without
utilizing leave or having the leave balance necessary to account for his absences.
Turturice was required to work 75.0 hours per pay period until the pay
period beginning November 12, 2018.
aa. The pay period beginning November 12, 2018, represented the first
for which Turturice was to be paid in a part-time capacity (37.5
hours per pay period).
92. Turturice, in his capacity as the Executive Director, was absent from the Authority
administrative office for a total of approximately 317.00 regular business hours between
the date range of June 12, 2018, through December 31, 2018.
a. The 317.00 approximate hour figure falls to 225.00 approximate hours when
Turturice's balance of 92.00 hours (as of December 31, 2018) in comprehensive
leave is taken into consideration.
Turturice received wages in the approximate amount of $8,653.50 as the
Executive Director for 225.00 regular hours when he was absent from the
Authority and/or not conducting Authority business without use of
appropriate leave.
93. Turturice, in his capacity as the Executive Director of the Authority, realized an
approximate financial gain of $9,864.99 through the use of his office when he claimed,
approved, and accepted compensation from the Authority for hours not worked; and when
he claimed, approved, and accepted compensation from the Authority for his performance
of matters not related to Authority business during business hours including, but not limited
to, his private practice of law.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT TURTURICE
FAILED TO DISCLOSE RANGE RESOURCES AS A DIRECT OR INDIRECT SOURCE
OF INCOME ON HIS STATEMENT OF FINANCIAL INTERESTS FILED FOR
CALENDAR YEAR 2017.
94. Statement of financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the Ethics Act.
a. Section 1104(a) reads, in part, as follows:
"... 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."
Turturice, 21-019
Page 32
95. Turturice was required to file an SFI by May 1, 2018, in his capacity as the Executive
Director of the Authority as well as in his capacity as the Solicitor for the Authority.
a. Turturice was employed as the Executive Director from April 9, 2018, through
December 31, 2018.
b. Turturice served as the Authority Solicitor in 2018 as well as in multiple years prior.
96. Information required to be disclosed on SFIs filed by public officials and public employees
is specified in Section 1105 of the State Ethics Act.
a. Section 1105(a) sets forth, 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 I I05(b), Subsections 1-10 identify specific information to be disclosed as
well as exceptions to disclosure requirements when applicable.
1. Section I I05(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 on SFIs fled.
97. Turturice filed SFIs with the Authority for calendar years 2017 and 2018 as follows:
Filing Date Calendar Year
January 9, 2018 2017
January 9, 2019 2019
a. Turturice identified his position as the Solicitor for the Authority, among other
municipalities and/or political subdivisions, on his SFI filed in 2018 for calendar
year 2017.
b. Turturice failed to file an amended SFI with the Authority disclosing his public
employment as the Executive Director although hired as such prior to the May 1,
2018, filing deadline.
98. Turturice and his spouse received income from Range Resources Corporation and
Subsidiaries ("Range Resources") totaling at least $3,328.75 in the 2017 calendar year.
a. Turturice and his spouse were issued Range Resources Check Number
0000573289, dated 11/03/2017, in the amount of $3,328.75.
1. Check Number 0000573289 was written payable to Turturice and his
spouse.
TUrt«rice, 21-019
Page 33
2. Check Number 0000573289 was endorsed with the signatures of both
Turturice and his spouse.
3. Check Number 0000573289 was deposited into Turturice's and his spouse's
personal joint checking account at Community Bank on December 19,
2017.
99. Turturice failed to disclose Range Resources as a direct/indirect source of income on his
2017 calendar year SFI.
III. DISCUSSION:
As the Executive Director of the Greene County Housing Authority ("Authority") from
April 9, 2018, through December 31, 2019, Respondent Lane M. Turturice ("Turturice") was a
public employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1101 et seMc .
Act:
The allegations are that Turturice violated Sections 1103(a) and 1105(b)(5) of the Ethics
(1) When he used the authority of his public position for his private pecuniary benefit
when he claimed and accepted compensation from the Authority in his position as
Executive Director for hours not worked;
(2) When he used the authority of his public position for his private pecuniary benefit
when he claimed and accepted compensation from the Authority as Executive
Director during Authority business hours for matters not related to official
Authority business, including but not limited to his private practice of law; and
(3) When he failed to disclose all reportable sources of income on his Statement of
Financial Interests ("SFI") filed for calendar year 2017.
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
Turturice, 21-019
Page 34
"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.
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.
We shall now summarize the facts pertaining to this case. Given Turturice's failure to file
an Answer to the Investigative Complaint, the facts as averred by the Investigative Complaint are
deemed admitted by Turturice. 65 Pa.C.S. § 1108(e); 51 Pa. Code § 21.5(k)(1).
The Authority was established pursuant to the Pennsylvania Housing Authority Law. The
objective of the Authority is to assist the Greene County community with economic development,
community revitalization, and affordable housing. The Authority pursues this objective through
the operation of managed communities, resident programs, community assistance programs, and
Section 8 programs.
The Authority is governed by a five -Member Board of Directors ("Board"). The Executive
Director of the Authority has general supervision over the administration of the Authority's
business and affairs and is charged with the management of the Authority's housing projects. The
Executive Director is accountable to the Board for the operation of the Authority and the
implementation and enforcement of Authority policy. The Executive Director also serves as the
Secretary/Treasurer of the Board.
Turturice, 21-019
Page 3 5
From at least April 2018 through December 2018, signature authority over Authority
accounts was maintained by the Executive Director, the Board Chairman, and one Board Member
in addition to the Board Chairman. Checks issued from Authority accounts required at least two
live signatures.
Since at least September 1990, the Authority has utilized a Personnel Policy and
Procedures Manual ("Manual") in association with its day-to-day operations. All Authority
employees, including the Executive Director, are subject to the Manual and its contents and
mandates. All new employees are provided with a copy of the Manual upon beginning
employment with the Authority.
The Manual defines a "regular employee" as an individual who performs duties on a
regular basis, fifty-two weeks per year, with a workweek that normally consists of five consecutive
clays of 7.5 or 8 hours per day for an aggregate total of 37.5 or 40 hours per week. Per the Manual,
regular employees are eligible to accrue and use personal days, annual leave, and sick leave.
During the first year of employment, a regular employee accrues one personal day, one-half day
of annual leave per month, and one and one -quarter days of sick leave per month,
Authority employees must use leave in order to receive payment for any regular business
hours not worked during a pay period. Authority employees who wish to use leave must complete
a Request for Leave or Approved Absence form ("Leave/Absence Request") which is to be
submitted to Authority Fiscal Assistant/Public Housing Manager Renee Janco ("Janco") for
tracking and processing. After the leave type and usage hours are reconciled with the employee's
available leave balance, Janco initials the Leave/Absence Request, which is then forwarded to the
Executive Director for review, signature, and approval or denial. Once approved or denied, the
Leave/Absence Request is returned to Janco to be filed. The Executive Director is responsible for
completing and approving the Executive Director's own Leave/Absence Requests and submitting
the forms to Janco for processing. The Board does not review or approve the Executive Director's
Leave/Absence Requests.
The Authority administrative building is typically open to the public each weekday from
8:30 a.m. to 4:00 p.m. The regular work hours for Authority administrative employees are 8:30
a.m. to 4:00 p.m., Monday through Friday, with a thirty -minute paid lunch period. The Authority
utilizes an informal flextime schedule by which a minimum of one Authority administrative
employee routinely works a schedule of 8:00 a.m. to 3:30 p.m., Monday through Friday.
A pay period for Authority administrative employees consists of two weeks and totals 75
hours (7.5 hours per day x 10 workdays). Authority administrative employees do not utilize
timesheets, a timeclock, or any other medium to document hours worked per pay period. Payroll
is processed and issued every two weeks.
Turturice is an attorney licensed to practice law in the Commonwealth of Pennsylvania.
As of June 2016, Turturice was engaged in the practice of law in a full-time capacity as the sole
proprietor of Turturice & Associates, LLC. As part of his law practice, Turturice served as the
Authority Solicitor. During the May 18, 2017, meeting of the Board, Lois Mocniak ("Mocniak"),
who was then the Executive Director of the Authority, officially informed the Board of her pending
retirement from her Authority employment. After the meeting adjourned, Turturice expressed to
Turturice, 21-019
Page 36
Mocniak his potential interest in the Executive Director position, and he questioned her about her
salary and duties. Mocniak performed the vast majority of her job duties from the Authority
administrative office, and she explained her job duties to Turturice.
During or about August 2017, Mocniak initiated the State Civil Service Commission
("SCSC") hiring process for the pending Executive Director vacancy at the Authority. On
September 20, 2017, Turturice submitted an online application for employment to the SCSC with
regard to Test Announcement 2000-094, which identified the job duties, minimum requirements,
and application period for the Executive Director position. Although the SCSC initially
determined that Turturice did not meet the minimum experience and training requirements for
employment in the Executive Director position, the SCSC reversed its determination after
Turturice submitted correspondence to the SCSC in which he made multiple assertions regarding
his qualifications and experience and claimed that the Board and the Executive Director had
specifically asked him to apply for the position. Turturice subsequently participated in an oral
examination with regard to the Executive Director position.
On January 4, 2018, the SCSC provided Mocniak with a list of three candidates, including
Turturice, who were eligible for employment as the Executive Director. Although Turturice had
the lowest test score of the three candidates, he became the only remaining candidate after the
other two candidates removed themselves from consideration for the position of Executive
Director. On March 15, 2018, the Board voted to approve Turturice'.s hiring as the Executive
Director effective April 9, 2018. Board Chair Ann Bargerstock ("Bargerstock") set Turturice's
salary at $65,000.00 without a vote or approval by the Board. As part of an oral agreement between
Turturice and Bargerstock, Turturice had from approximately mid -March to mid -June of 2018 to
transition from his private law practice to the Executive Director position on a full-time basis, and
he was not required to work 37.5 hours per week during the transition period.
Turturice served as the Solicitor for the Authority until he officially began employment as
the Executive Director effective April 9, 2018. Mocniak personally supplied Turturice with a copy
of the Manual and Leave/Absence Request forms for his reference and use.
Turturice's primary work location in his capacity as the Executive Director was the
Authority administrative building. The location of Turturice's private office in the Authority
administrative building required him to pass by multiple Authority employees and their
workstations to gain access to his private office. Turturice was not approved or equipped to work
remotely as the Executive Director.
Turturice had the autonomy to work from either 8:00 a.m. to 3:30 p.m. or 8:30 a.m. to 4:00
p.m. throughout the five-day workweek to account for his total of 37.5 hours per week. Turturice
failed to work 7.5 hours on his first day of employment as the Executive Director. Janco saw
Turturice enter and leave the Authority administrative building at approximately 8:00 a.m. and
2:00 p.m., respectively, on April 9, 2018, and she personally questioned the appropriateness of his
behavior in leaving early on his first day. Janco documented Turturice's first-day arrival and
departure times on her desk calendar, and she continued to observe and record his arrival and
departure times throughout his employment as the Executive Director.
Turturice, 21-019
Page 37
Although Turturice began employment as the Executive Director with minimal knowledge
of the Authority's day-to-day operations, required reports, and programs, he rarely requested
assistance from Authority employees in relation to training/direction needed to complete the duties
of his position. On multiple occasions, Mocniak went to the Authority administrative building to
assist Turturice with job duties, training, and his overall transition to the Executive Director
position. Turturice was frequently absent when Mocniak arrived or was present at the Authority
administrative building.
Authority employees frequently recognized Turturice's absence from the Authority
administrative building during regular work hours, and they performed some duties and
responsibilities of the Executive Director position due to his consistent absences. When Turturice
was present at the Authority administrative building, Authority employees saw him sleeping in his
office or engaging in activities unrelated to Authority business, such as watching news or other
programming on his personal laptop computer. Authority employees also overheard Turturice on
the telephone with his law office and his private clients.
Turturice's transition period from his private law practice to full-time Executive Director
expired as of June 11, 2018. Although Turturice was absent from the Authority on multiple days
for varying hours during his transition period, he was not required to use leave to account for his
absences with the exception of April 24 and 25, when he was advanced 15 hours of sick leave to
use for bereavement purposes. Turturice was paid his full biweekly salary for each pay period
within his transition period.
Turturice continued to be absent from the Authority administrative building during normal
business hours on multiple occasions after his transition period expired. Turturice began
submitting Leave/Absence Requests to Janco for processing effective June 12, 2018, for a portion
of his absences which occurred during normal Authority business hours. From .Tune 12, 2018,
through July 27, 2018, Turturice submitted Leave/Absence Requests that accounted for the use of
a total of 34 hours of annual, personal, or sick leave. After Janco informed Turturice on or about
July 27, 2018, that he had a deficit of 46 hours with regard to his annual leave balance, Turturice
stopped submitting Leave/Absence Requests for his absences during normal business hours.
In or about early to mid -July 2018, Turturice met with Bargerstock to address Authority
business. During the meeting, Turturice informed Bargerstock that he did not know the inner
workings of the Authority, did not feel competent in his position or have the training to continue
in his position, and did not wish to remain employed as the Executive Director. When Bargerstock
requested that Turturice give the position more time and offered Turturice an increase in salary of
$10,000.00 annually as an incentive to stay in the position, Turturice agreed to continue his
employment as the Executive Director. Turturice's salary was subsequently increased to
$75,000.00 effective July 7, 2018.
After Turturice's meeting with Bargerstock, he continued to be absent from the Authority
administrative building during normal business hours, and he did not perform work of any
significant measure for the Authority. Although Turturice was aware that multiple items/issues
needed to be addressed at the Authority, he did not possess the specific knowledge needed to
address those items/issues. Repeated reports by Authority employees to Bargerstock as well as at
least one report to the Board Vice -Chairman of Turturice's absenteeism and failure to perform the
Turturice, 21-019
Page 38
duties of the Executive Director ultimately resulted in the Board informally deciding that Turturice
may need to be removed from the Executive Director position. Turturice subsequently submitted
a letter of resignation dated October 9, 2018, to the Board, which voted to accept his letter of
resignation on October 18, 2018. Turturice was to remain as the Executive Director on a part-time
basis until a replacement was found.
Turturice officially remained as the Executive Director beyond October 18, 2018.
Although Turturice was subsequently absent from the Authority administrative building on
multiple occasions during normal work hours and had no annual leave available to account for
those absences, he received payment of his full salary as the Executive Director through the pay
period ending November 9, 2018. Turturice subsequently began receiving one-half of his full
salary as a result of an oral agreement reached with Bargerstock. Turturice's employment as the
Executive Director ended as of December 31, 2018.
From the expiration of Turturice's transition period on June 11, 2018, through December
31, 2018, Turturice was absent from the Authority administrative building during normal work
hours a total of approximately 351 hours. Based upon the Authority's leave policies as set forth
in the Manual, Turturice was eligible to accrue a total of 126 hours of personal, annual, and sick
leave from June 12, 2018, through December 31, 2018. As such, Turturice was absent a total of
approximately 225 hours that could not have been accounted for by use of leave. Per the admitted
Fact Findings of the Investigative Complaint, Turturice received wages totaling approximately
$8,653.50 for the 225 hours that he was absent with no leave available to cover his absences.
Twenty Authority payroll checks were issued to Turturice as a result of his employment as
the Executive Director from April 9, 2018, through December 31, 2018. Turturice, as an Authority
signatory, signed nineteen of the payroll checks that were issued to him. Turturice authorized his
receipt of wages for hours not worked or otherwise accounted for by proper use of leave by signing
his payroll checks as an Authority signatory.
Per the admitted Fact Findings of the Investigative Complaint, Turturice, in his capacity as
the Executive Director of the Authority, realized an approximate financial gain of $9,864.99
through the use of his office when he claimed, approved, and accepted compensation from the
Authority for hours not worked and when he claimed, approved, and accepted compensation from
the Authority for activities performed during Authority business hours that were not related to
Authority business, including but not limited to activities involving his private practice of law.
Turturice, as the Solicitor for the Authority until April 8, 2018, and as the Executive
Director of the Authority beginning April 9, 2018, was required to file a complete and accurate
SFI for calendar year 2017 by May 1, 2018. Although Turturice and his spouse received income
from Range Resources Corporation and Subsidiaries ("Range Resources") totaling at least
$3,328.75 in 2017, he failed to disclose Range Resources as a direct or indirect source of income
on his SFI for calendar year 2017.
We must now determine, based upon the record, whether the actions of Turturice violated
the Ethics Act. As we apply the facts to the allegations, due process requires that we not depart
from the allegations. Pennsy v. Department of State, 594 A.2d 845 (Pa. Cmwlth. 1991). A
violation of the Ethics Act must be based upon clear and convincing proof. 65 Pa.C.S. § I I08(g).
Turturice, 21-019
Page 39
Clear and convincing proof is "so `clear, direct, weighty, and convincing as to enable the trier of
fact to come to a clear conviction, without hesitance, of the truth of the precise facts in issue."' In
Re: Charles E.D.M., 550 Pa. 595, 601, 708 A.2d 89, 91 (1998) (Citation omitted).
Based upon the Fact Findings as deemed admitted by Turturice, it is clear that Turturice
violated Section 1103(a) of the Ethics Act when he claimed and accepted compensation from the
Authority for hours that were not spent performing work for the Authority.
Turturice engaged in an ongoing course of conduct whereby he was absent from the
Authority administrative building a total of approximately 225 hours (equivalent to six
workweeks) during normal business hours without having leave available to account for his
absences. When Turturice was present at the Authority administrative building, he at times slept
in his office, watched news or other programming on his personal laptop computer, or spent time
on the telephone with his law office and his private clients. Turturice used the authority of his
public position as the Executive Director when he claimed and accepted compensation from the
Authority for the hours that he was absent from the Authority administrative building and for the
hours that he was present but engaged in activities or matters unrelated to Authority business. Cf.,
Holt, Order 1153; Baldo, Order 1408; Sindiri, Order 1572; O'Malley, Order 1737. Turturice
further used the authority of his public position when he signed, as an Authority signatory, payroll
checks that included wages paid to him for the aforesaid hours. Per the Fact Findings deemed
admitted by Turturice, he realized an approximate financial gain of $9,864.99 when he claimed
and accepted compensation from the Authority for hours when he was absent from the Authority
and for hours when he was present but engaged in activities or matters unrelated to Authority
business.
We hold that Turturice violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when he used the authority of his public position for the private pecuniary benefit of himself by
claiming and accepting compensation from the Authority for hours not worked. We further hold
that Turturice violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used the
authority of his public position for the private pecuniary benefit of himself by claiming and
accepting compensation from the Authority for activities performed during Authority business
hours that were not related to Authority business, including but not limited to activities involving
his private practice of law.
As for the allegation regarding Turturice's SFI, we hold that Turturice violated Section
1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), when he failed to disclose all reportable
sources of income on his SFI filed for calendar year 2017.
Section 1107(13) of the Ethics Act, 65 Pa.C.S. § 1107(13), empowers this Commission to
order restitution in instances where a public official/public employee has obtained a financial gain
in violation of the Ethics Act.
The Investigative Division has filed a Position Statement seeking an Order for restitution
to the Authority in the amount of $9,864.99 plus a treble penalty. The Investigative Division
further seeks the imposition of a civil penalty in the amount of $250.00 for Turturice's deficient
SFI for calendar year 2017. Turturice has filed a Position Statement asserting that he did not act
deliberately in violation of the Ethics Act.
Turturice, 21-019
Page 40
Based upon the totality of the facts and circumstances of this case, we determine that
restitution is warranted as to the private pecuniary benefit in the amount of $9,864.99 that Turturice
realized as a direct result of his violations of Section 1103(a) of the Ethics Act referenced herein.
Turturice is directed to make payment of restitution in the amount of $9,864.99 payable to
Greene County Housing Authority and forwarded to this Commission by no later than the thirtieth
(30"') day after the mailing date of this adjudication and Order.
Pursuant to Section 1109(f) of the Ethics Act, 65 Pa.C.S. § 1109(f), we shall levy one
maximum civil penalty in the amount of $250.00 against Turturice for his deficient SFI for
calendar year 2017. Turturice is directed to make payment of the aforesaid civil penalty in the
amount of $250.00 by no later than the thirtieth (3011) day after the mailing date of this adjudication
and Order, by forwarding to this Commission a certified check or money order in the amount of
$250.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
Turturice is directed to not accept any reimbursement, compensation, or other payment
from the Authority representing a full or partial reimbursement of the aforesaid restitution and
civil penalty.
To the extent lie has not already done so, Turturice is directed to file a complete and
accurate amended SFI for calendar year 2017 with the Authority, through this Commission, by no
later than the thirtieth (30"') day after the mailing date of this adjudication and Order.
Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. As the Executive Director of the Greene County Housing Authority ("Authority") from
April 9, 2018, through December 31, 2018, Respondent Lane M. Turturice ("Turturice")
was a public employee subject to the provisions of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. Turturice violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used
the authority of his public position for the private pecuniary benefit of himself by claiming
and accepting compensation from the Authority for hours not worked.
3. Turturice violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used
the authority of his public position for the private pecuniary benefit of himself by claiming
and accepting compensation from the Authority for activities performed during Authority
business hours that were not related to Authority business, including but not limited to
activities involving his private practice of law.
4. Turturice violated Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), when he
failed to disclose all reportable sources of income on his Statement of Financial Interests
filed for calendar year 2017.
Turturice, 21-019
Page 41
Restitution is warranted.
6. Based upon the totality of the circumstances in this case, a maximum civil penalty in the
amount of $250.00 is warranted.
In Re: Lane M. Turturice, File Docket: 21-019
Respondent Date Decided: 10/3/22
Date Mailed: 10/5/22
ORDER NO. 1813
Lane M. Turturice ("Turturice"), as the Executive Director of the Greene County Housing
Authority ("Authority"), violated Section 1103(a) of the Public Official and Employee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), when he used the authority of his public
position for the private pecuniary benefit of himself by claiming and accepting
compensation from the Authority for hours not worked.
2. Turturice violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used
the authority of his public position for the private pecuniary benefit of himself by claiming
and accepting compensation from the Authority for activities performed during Authority
business hours that were not related to Authority business, including but not limited to
activities involving his private practice of law.
Turturice violated Section It 05(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), when he
failed to disclose all reportable sources of income on his Statement of Financial Interests
filed for calendar year 2017,
4. Turturice is directed to make payment of restitution in the amount of $9,864.99 payable to
Greene County Housing Authority and forwarded to the Pennsylvania State Ethics
Commission by no later than the thirtieth (30'h) day after the mailing date of this Order.
5. We hereby levy one maximum civil penalty against Turturice in the amount of $250.00 for
Turturice's deficient Statement of Financial Interests for calendar year 2017.
6. Turturice is directed to make payment of the aforesaid civil penalty in the amount of
$250.00 by no later than the thirtieth (30") day after the mailing date of this Order, by
forwarding to the Pennsylvania State Ethics Commission a certified check or money order
in the amount of $250.00 made payable to the Commonwealth of Pennsylvania, for deposit
in the State Treasury.
7. Turturice is directed to not accept any reimbursement, compensation, or other payment
from the Authority representing a full or partial reimbursement of the aforesaid restitution
and civil penalty.
8. To the extent he has not already done so, Turturice is directed to file a complete and
accurate amended Statement of Financial Interests for calendar year 2017 with the
Authority, through the Pennsylvania State Ethics Commission, by no later than the thirtieth
(30"') day after the mailing date of this Order.
Turturice, 21-019
Page 43
9. Non-compliance with Paragraph 4, 6, 7, or 8 of this Order will result in the initiation of an
appropriate enforcement action.
BY THE COMMISSION,
k R. Cofrigan, Acting Chair