HomeMy WebLinkAbout1273 MadukaIn Re: Geoffrey O. Maduka
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Daneen E. Reese
Frank M. Brown
Susan Mosites Bicket
Donald M. McCurdy
Michael Healey
01- 042 -C2
Order No. 1273
4/4/03
4/18/03
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act
9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65
Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its
investi9ation, the Investigative Division served upon Respondent written notice of the specific
allegation(s). Upon completion of its investi9ation the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." An
Answer was filed and a hearing was waived. The record is complete. A Consent Agreement
and Stipulation of Findings were submitted by the parties to the Commission for consideration.
The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement
was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11
of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and
provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be received at
this Commission within thirty days of the mailing date and must include a detailed explanation
of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §
21.29(b). A request for reconsideration will not affect the finality of this adjudication but will
defer its public release pending action on the request by the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of
1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor
subject to a fine of not more than $1,000 or imprisonment for not more than one year.
Confidentiality does not preclude discussing this case with an attorney at law.
Maduka 01- 042 -C2
Page 2
I. ALLEGATION:
That Geoffrey O. Maduka, a (public official /public employee) in his capacity as a
Sanitary Engineer III for the Waste Water Management Division, Bureau of Water Quality
Protection, Department of Environmental Protection, violated Sections 1103(a) and 1105(b) of
the Ethics Act (Act 93 of 1998) when he failed to disclose income and business interests on
Statements of Financial Interests for the 1996 through 2000 calendar years for income and
business interests in O'DY's Kustom Krafts; and when he used Commonwealth time and
equipment including computers and telephones in aid of his personal and private business
interests.
II. FINDINGS:
1. Geoffrey Maduka has been employed as a Sanitary Engineer for the Department of
Environmental Protection since August 7, 1989.
a. Maduka was promoted to Sanitary Engineer II effective September 25, 1990.
b. Maduka was promoted to Sanitary Engineer III effective November 25, 1993.
2. Since 1997 Maduka has been employed in the Wastewater Management Division,
Bureau of Water Quality Protection.
a. The Chief of the Division is Milton K. Lauch.
b. Maduka's immediate supervisor is R.B. Patel.
c. Maduka was assigned to the Bureau of Water Quality Management,
Assessment and Standards Division in Harrisburg, PA, effectiveApril20,1994.
d. Maduka worked in North Central Regional Office of the Water Quality
Management Program in Williamsport, PA, prior to April 30, 1994.
3. Maduka's responsibilities as a Sanitary Engineer III include reviewing permit
applications for storm water run -off and combined soil overflows to ensure that the
permits adhere to departmental and sanitary water board requirements. This work
includes inspecting complex projects under construction and, after completion,
ensuring that the approved plans and specifications are adhered to.
a. Duties include receiving and returning telephone calls from consultants and
individuals throughout the country seeking permit information.
4. Maduka's job description for his position in the Permitting Section of the Wastewater
Management Division of DEP includes the following:
Provide technical support and assistance to Section Chief in developing and
implementing DEP's storm water Phase 11 program strategy.
Develop and /or coordinate development of detailed scope of activities needed to
implement the Phase 11 Storm Water Program and related activities that are
consistent with Phase!! Strategy. The major work activities include developing
an outreach and education program of regulated communities, developing
general and individual permits and permit applications, developing and carrying
our necessary training, working with Department regional offices and
municipalities to facilitate completion of permit applications and in issuing those
permits.
Maduka 01- 042 -C2
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Develop and /or coordinate Phase II related permitting guidance, administrative
procedures, training material, outreach and related activities.
Work with regulated MS4s and other communities and provide necessary
assistance from pre - permitting to post - permitting and permit compliance.
Develop and /or coordinate development of general and individual permits for
MS4s and periodically review and update these documents.
Work with regions to identify areas where Phase 11 permitting and related
training or other guidance are needed and develop and provide the
training /guidance.
Manage, contract or other workload activities related to assigned programs or
work assignments including the Phase 11 Storm Water Program. Review
contract status and progress reports and process invoices to adhere to the
contract.
Assist Section Chief in evaluating overall program development /revision needs
or specialty training and help meet those needs to effectively carry out assigned
work responsibilities.
Update and /or maintain SW Phase 11 Permits and related other guidance
documents on Department website. Answer questions regarding to web
postings.
Provide Section and Division Chief [with] frequent and regular reports on work
status, progress, problems and current and anticipated needs. Make
recommendations to address needed program changes, resolve problems and
meet identified needs.
Work on Water Managements Watershed Overlay Team and carry out
assigned work activities as needed or assigned by the Team leader. Your total
involvement should be limited to no more than 20% of your available total work
time.
Carry out other work projects and activities as assigned from time to time.
5. Class specifications for the position of Sanitary Engineer includes [sic] the following as
examples of work performed:
Supervises the review of permit applications and reviews the most complex
applications involving large, or multi - municipality treatment facilities for water
supply systems and treatment facilities, sewage collection systems and
treatment facilities, industrial waste treatment facilities, mine drainage control
facilities, bathing place facilities and other sanitary engineering facilities to
assure completeness, adequacy of design, mechanics of operation, and
adherence to departmental and Sanitary Water Board requirements.
Prepares or directs the preparation of complex technical engineering reports on
permit applications and on field sanitary surveys and investigations involving
the evaluation of field conditions and the formulation of recommendations for
improvements.
Prepares water pollution reports on treated waste discharges to the waters of
the Commonwealth and performs complex stream assimilation calculations.
Maduka 01- 042 -C2
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Implements established procedure to ensure compliance of a facility with the
laws and regulations pertaining to the sanitary engineering program.
Inspects complex projects under construction and after completion of
construction to assure adherence to approved plans and specifications.
6. Maduka's hours of work have been 8:00 a.m. to 4:30 p.m. with a one hour lunch and
two fifteen minute breaks since October 30, 2000.
a. Maduka's scheduled lunch is from 12:00 p.m. to 1:00 p.m.
b. Maduka has scheduled breaks at 10:15 a.m. and 2:30 -2:45 p.m.
c. Prior to October 30, 2000, Maduka's work schedule was 7:00 a.m. to 3:30 p.m.
7. Maduka has owned and operated O'DY's Kustom Krafts, a leather goods business,
since 1989.
a. Maduka operates the business from his home.
b. Maduka is the only employee of the business.
c. Maduka transacts business over the Internet and through trade shows,
conventions and conferences.
8. Maduka applied for Registration of a Fictitious Name for O'DY's Kustom Krafts with the
Pennsylvania Department of State, Corporation Bureau on April 8, 1991.
a. Maduka described the business as Custom crafted accessories in leather,
fabrics, exotic woods and skins, designer African clothing.
b. Entity #2019611 was assigned to O'DY's Kustom Krafts.
9. Maduka maintains an Internet website at http : / /www.personalbuy.com /odysto advertise
his products and merchandise.
a. Maduka maintains an e-mail address with Yahoo, odyskrafts@yahoo.com.
b. Maduka also receives e-mail at odyskrafts@personalbuy.com.
10. Maduka submitted a Supplementary Employment Request to DEP in relation to O'DY's
Kustom Krafts on September 12, 1995. Maduka disclosed the following information in
relation to the business.
Type of Business:
Title of Position:
Duties of Position:
Date Position Applied For:
Number of Hours Worked Per Week:
Days Worked:
Design of leather accessories
Self-Employed/hobby
Designer Hobbyist
April 1991
0 -15
Regular and seasonal
11. Maduka was notified by DEP that his Supplementary Employment Request was
approved on December 18, 1995.
12. Conditions of the approval, outlined on the reverse side of the Supplementary
Maduka 01- 042 -C2
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Employment Request Agency Notification Form (STD -356), are stated, in part, as
follows:
The supplementary employment does not interfere with regular work hours or
job performance or violate the provisions of the Governor's Code of Conduct.
Commonwealth property, equipment, tools, materials, etc., cannot be used
during the course of the employee's supplemental activities.
Solicitations for work in connection with the employee's supplementary
employment cannot be made during working hours or at Commonwealth
facilities.
13. Management Directive 205.14, Prohibition of Activities Not Specifically or Directly
Connected with the Official Business of the Commonwealth on Commonwealth
property, provides, in part, the following:
Commonwealth facilities and offices are to be used exclusively for conducting
official business of the Commonwealth, or by persons having legitimate
business therein.
Commonwealth facilities, offices, and equipment shall be used only by
individuals, groups or organizations who have legitimate business on the
premises.
The facilities, offices and equipment shall not be used by employees or the
public for purposes not specifically or directly connected with official business of
the Commonwealth, or other activity authorized in accordance with this
directive.
Prohibited activities include On part):
Commercial, retail or business activities, whether for profit or nonprofit
purposes, including sales, negotiations, the taking of orders, and displaying of
wares.
14. As a Sanitary Engineer III Maduka has been required to file Statements of Financial
Interests by the Department of Environmental Protection.
a. Statements of Financial Interests are forms administered by the State Ethics
Commission.
b. These forms require, among other items, the disclosure of direct /indirect
sources of income and creditors once threshold amounts are met.
1. Other areas of financial interests, including business ownership,
employment and financial interest in legal entities in business for profit
are also required to be disclosed.
15. Maduka acknowledged that he was required to adhere to requirements of the State
Ethics Act, and the Governor's Code of Conduct when he was promoted to Sanitary
Engineer III.
a. Maduka was provided with Employment Form B, identifying portions of the
State Ethics Act relating to the filing of Statements of Financial Interests.
b. Maduka signed the form on January 14, 1994.
Maduka 01- 042 -C2
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c. The form also included portions of regulations relating to the Governor's Code
of Conduct, which also requires areas of financial disclosure.
16. Maduka filed Statements of Financial Interests with DEP's Personnel Office as follows:
Date Filed Calendar Year
04/28/97 1996
04/27/98 1997
04/27/99 1998
04/20/00 1999
04/20/01 2000
04/25/02 2001
17. Maduka did not disclose income received from or his affiliation with O'DY's Kustom
Krafts on any Statements of Financial Interests filed for calendar years 1996 through
2001.
a. Maduka did not disclose O'DY's as a direct /indirect source of income.
b. Maduka never disclosed his office, directorship or employment in O'DY's.
c. Maduka never disclosed that he had a financial interest in O'DY's, a legal entity
in business for profit.
18. Maduka failed to disclose O'DY's Kustom Krafts as a source of income on Statements
of Financial Interests filed for calendar years 2000 and 2001.
a. Maduka's income from the business in 2000 was at least $1,500.00.
b. Maduka's income from the business in 2001 was at least $6,426.60.
19. Maduka did not disclose income or his financial interest in O'DY's Kustom Krafts on the
Governor's Code of Conduct Financial Interests forms for calendar years 1997 -2001.
a. On the form for calendar year 1996, Maduka disclosed O'DY's Kustom Krafts
as a business interest.
20. In or about August 1998, Maduka's performance as a Sanitary Engineer III was
questioned by DEP Management.
a. Milton Lauch, Chief, Division of Wastewater Management, authorized a review
of Maduka's telephone usage to determine the validity of a Maduka claim
following a meeting on July 23, 1998, attended by Maduka, Lauch and Ratilal
Patel, Maduka's immediate supervisor.
b. Maduka claimed that his poor performance was, in part, related to the numerous
telephone calls he was required to respond to during working hours.
21. The review by Lauch, covering the time period of April through June 1998, determined
that 136 telephone calls were made by Maduka which were related to his
supplementary employment /ownership with O'DY's.
a. The majority of the calls were related to leather suppliers, importers and
exporters.
22. Lauch conducted a pre - disciplinary conference on January 8, 1999, with Maduka.
Maduka 01- 042 -C2
Page 7
a. Maduka admitted to making calls for personal /supplemental employment
reasons since at least August 1997.
b. Maduka further admitted the amount of time spent on his private for - profit
business, and personal long distance telephone calls negatively impacted his
job performance.
23. On January 22, 1999, Maduka received written notice of alternative discipline in lieu of
suspension without pay from Milton K. Lauch, Chief of the Division of Wastewater
Management, Bureau of Water Supply and Wastewater Management.
a.
b.
c.
The level two letter of the Alternative Discipline Program carried the same
weight as a three day suspension.
Maduka's pay and seniority were not impacted by the disciplinary action.
Maduka was notified that the letter of discipline was a final warning.
24. The disciplinary action taken by DEP determined that Maduka solicited transactions for
his private for - profit business while on Commonwealth time and premises and used
Commonwealth equipment; and he misused Commonwealth equipment and time for
personal long distance telephone calls.
25. Maduka was charged 16.1 hours of leave without pay (LWOP) for the time spent
making telephone calls for his supplementary employment.
a. Maduka was also advised to cease engaging in the supplemental employment
or resign from his position with DEP.
26. DEP revoked Maduka's Supplementary Employment Approval relating to O'DY's
Kustom Krafts by way of letter to Maduka dated February 10, 1999.
a. The revocation was as a result of Maduka failing to adhere to the restrictions
under which the approval was given.
b. Maduka signed a letter on February 11, 1999, to the effect that he would cease
his supplementary employment immediately.
27. Maduka never ceased operating O'DY's even though he agreed to comply with DEP's
directive requiring him to do so.
a. During this period (1999 to 2002) Maduka did not disclose his interest in O'DY's
Kustom Krafts or income received on Statements of Financial Interests
concealing from his employer that he was continuing to operate O'DY's.
28. Maduka continued to operate O'DY's Kustom Krafts after the February 1999
disciplinary action.
a. Maduka continued to make purchases for leather, machinery, tools, hardware
and related supplies.
b. Maduka rented booths at trade shows, conventions and other events where
sales of goods were advertised.
29. Maduka paid fees totaling $5,215.00 for booths at conferences, trade shows and
Maduka 01- 042 -C2
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license renewals.
04/09/99 Capital Jazz Festival — booth
02/09/00 PSI Alpha 3 District PlanningNending Comm.
04/25/00 AKA Sorority, Inc.
02/28/01 48 Mid- Atlantic Reg. Conf. AKA
03/06/01 Alpha Kappa Alpha Sorority, Inc.
03/20/01 Delta Sigma Theta Sorority, Inc.
04/10/01 Eastern Area Conference (The Links, Inc.
12/18/01 Alpha Kappa Alpha (license renewal 2002
02/08/02 Alpha Kappa Alpha — 49 South Atlantic egg Conf.
02/11/02 AKA Sorority, Inc. — Central Region Conf. 68
30. Between January 26, 1999, and March 27, 2002, Maduka made purchases for leather
and leather related products totaling $21,175 from the following companies:
Leather Source, Inc.
Maple Leather Company
Howe's Leather Corp.
Newton's Display Products
Nayton's Display Fixtures
National Hanger Company
Ohio Travel Bag Mfg. Co.
Albest Metal Stamp, Inc.
Angelus Shoe Polish
Rome Fastener Sales Co.
Apple Polishers, Inc.
Dick Blick
J &L Industrial
Barlow Promotional Products
Wickett & Craig of America
Charles Sewing Machine
Siegel of California
The Leather Factory
Kwik Print Mfg.
Steve Valenzisi
Geson Giesberg
B &K Leather Stripping
Luceo Leather
Dove Slide Fasteners
Frank Curatolo
Threle Tanning
$ 395.00
$ 250.00
$ 400.00
$ 320.00
$ 900.00
$ 600.00
$ 350.00
$ 900.00
$ 350.00
$ 750.00
$ 5,215.00
Tanners and importers
Handbag designer
Produces garment & upholstery leather
Display canopies & panels for crafts people
Garment racks, trade show booths, hangers
Mfg's garment hangers
Hardware and leather craft supplies
Shoe and leather care products
Metal fasteners
Manufacturer leather care products
Supplier of art materials and service
Supply Metalworking products
Specialty tools and promotional gifts
Specialty (leather) tanners
Leather, tools, hardware
Stamping machiner
5 hp roto phase converter
Binder and parts
Binder tapes and snaps
Spruce and purple leather
Fasteners
Steel Dies
31. On January 14, 2000, Lauch sent a memo to Maduka advising him of additional
amounts he owed the Commonwealth for making long distance telephone calls for both
personal and supplemental purposes.
a. This review was initiated by Lauch after denials by Maduka over the number of
personal calls made on Commonwealth telephones.
b. The review covered the period from August 1997 through April 23, 1999. This
was in addition to the review for the period April through June 1998.
c. Maduka was notified he was being charged with 124.8 hours of LWOP and
directed to make restitution to the Commonwealth in the amount of $580.51
Maduka 01- 042 -C2
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[sic] for the cost of the calls.
1. Maduka issued a personal check on January 26, 2000, payable to the
Commonwealth in an amount of $581.50 [sic].
d. Maduka was also directed to refrain from making personal and business calls
on Commonwealth telephones.
32. A follow -up review of Maduka's long distance telephone calls related to personal and
supplemental employment was conducted for the period from September 20, 1999,
through April 26, 2000.
a. The review was initiated due to continued concerns by DEP that Maduka was
using Commonwealth telephones for personal and private business use.
33. The review determined that an additional 1,257 minutes of personal telephone calls
were placed from Maduka's assigned telephone.
34. The majority of personal calls made by Maduka using his Commonwealth telephone,
between September 1999 — April 2000, were to two other DEP employees, Success
Kalu and Ernest Madishie.
a. Calls were generally to the Commonwealth telephone numbers assigned to the
two employees.
1. Success Kalu worked in the Waste Management program at the North
Central Regional Office in Williamsport, PA.
2. Ernest Madishie worked in the Drinking Water Program at the North
East Regional Office in Wilkes- Barre, PA.
b. Two calls were placed to the personal residence of Success Kalu.
35. As a result of the previous reviews of Maduka's Commonwealth telephone records,
Maduka had been directed to discontinue calls to Success Kalu and Ernest Madishie
on Commonwealth time, using his Commonwealth telephone.
a. Direction to discontinue the calls was given by Milton Lauch, Chief of the
Division of Wastewater Management.
b. Maduka did not dispute the personal nature of the calls when questioned by
Milton Lauch after his second review of Maduka's Commonwealth telephone
records.
36. Maduka's calls to Success Kalu and Ernest Madishie during the period of the third
review of his telephone records (9/99 — 4/00) totaled 22 hours, 2 minutes.
a. Calls to Ernest Madishie totaled 4 hours, 42 minutes at a cost of $19.06.
b. Calls to Success Kalu totaled 17 hours, 32 minutes at a cost of $72.52.
c. Cost to the Commonwealth for calls made was $91.58.
1. Calls to the residence of Success Kalu totaled 28 minutes at a cost of
$1.89.
37. Other personal calls made by Maduka during this time period are as follows:
Maduka 01- 042 -C2
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INX International Ink Company
Claybell Management Company
Alan Aldeman
38. Maduka received compensation through his Commonwealth employment in the
amount of $514.62 for the time he spent making personal long distance telephone calls
unrelated to his Commonwealth employment, during the time period 9/99 — 4/00.
09/01/99 to
01/14/005 11 [sic]
01/15/00 to
4/30/00 887
1,398
5 minutes
2 minutes
9 minutes
$0.46 04/24/00
$0.14 01/01/09
$0.61 02/25/00
minutes /60 = 8 hrs., 31 min. ( 8.48 hrs) x $23.04/hr = $196.30
minutes /60 =14 hrs., 47 min. (13.55 hrs) x $23.56/hr = $348.22
minutes 23 hrs., 18 min. $54452
39. Maduka made no reimbursement to the Commonwealth for these calls or used any
leave for the time spent on these calls.
40. After January 1999 when he was disciplined for use of equipment to make personal
telephone calls, Maduka continued to use Commonwealth time and equipment for
personal use and to facilitate his supplemental employment with O'DY's.
a. Maduka used Commonwealth computers, telephones, Internet access and time
for personal use and for the benefit of O'DY's.
41. In November 2000, the Office of Inspector General was requested to investigate
allegations that Maduka was continuing to work at his supplementary employment
subsequent to the revocation of the Supplementary Employment Approval on February
10, 1999, in relation to O'DY's Kustom Krafts.
a. It was also alleged that Maduka was using Commonwealth equipment in pursuit
of that employment.
42. Management Directive 205.34 — Standards for Employee and Other Authorized User
Internet Use and Electronic Mail Communications, provides, in part, the following:
a. Internet Use: Use of Commonwealth Internet access is not acceptable for
personal use, unless expressly permitted on a limited basis, occasional and
incidental basis by agency policy. Where it is permitted by agency policy, the
following access and /or usage is prohibited On part):
Conducting personal, for - profit transactions or business.
Participating in Internet activities that inhibit an employee's job performance or
present a negative image to the public, such as auctions or games.
Promoting any activities that are prohibited by local, state or federal law or the
Commonwealth rules of conduct.
Any other Internet use that is deemed inappropriate by the Commonwealth
and /or its agencies and is communicated as such to authorized Internet users.
b. E -mail Access: Communicating or storing material on Commonwealth
resources, which falls into any of the following categories, is unacceptable On
part):
Maduka 01- 042 -C2
Page 11
Business activities unrelated to Commonwealth business or activities directed at
personal gain.
Material that is illegal or prohibited in other ways, including violations of state or
federal law or Commonwealth rules of conduct.
Any other E -Mail use that is deemed inappropriate by the Commonwealth
and /or its agencies and is communicated as such to authorized e-mail users.
43. Maduka signed a Commonwealth Internet /E -Mail User Agreement on January 8, 2001.
a. Maduka had not previously signed an Internet /E -Mail User Agreement.
44. Maduka used his Commonwealth computer to access the Internet websites relating to
O'DY's Kustom Krafts, and for other non - work - related reasons.
a. Maduka's Internet usage was monitored from November 2001 to March 2002.
45. Maduka frequently accessed his personal e-mail account odyskrafts@yahoo.com
during his Commonwealth work hours to check for orders and requests relating to his
leather craft business.
a. Maduka accessed his personal e-mail account through www.yahoo.com and
mail.yahoo.com.
b. The duration of the access to the sites was not discernable due to other sites
accessed during the same time period.
46. Maduka accessed websites related to leather goods and O'DY's during Commonwealth
time, utilizing a Commonwealth computer as follows:
11/29/01
01/09/02
01/22/02
03/14/02
03/14/02
www.fineleatherfurniture.com
www.fineleatherfurniture.com
www.palfair.com
www.hideandleatherhouse.com
www.hidehouse.com
Leather Furniture
Leather Furniture
Pan American Leather Fair
No website available
Leather Supply Store
47. On two occasions, Maduka accessed his website for O'DY's Kustom Krafts through
www.personalbuy.com /odys for a total of 30 minutes as noted below:
Date Time Duration
12/04/01 11:36 -11:38 00:02
12/14/02 10:16 -10:44 00:28
Total 00:30
a. Internet access records include two occasions when "odyskrafts" appears in
relation to his e-mail account:
Date Time Web Address
2/18/01 10:42 -11:33 edit. briefcase .yahoo.com /bc /odyskrafts
2/04/02 15:06 -15:34 -y42. briefcase .yahoo.com /bc /odyskrafts
b. Maduka also accessed his personal e-mail account during the same time period
on 12/14/01.
48. During the time period 11/26/01- 03/28/02, Maduka utilized his Commonwealth
computer to access Internet websites unrelated to his employment, while on
Date
Time
Duration
Website(s)
11/26/01
15:45 -16:15
00:30
www.msnbc.com
www.qwestdex.com
www.eshopxml.msn.com
11/27/01
8:44 -8:57
00:13
www.psecu.com
11/28/01
15:26 -15:32
00:05
www.msnbc.com
www.qwestdex.com
www.eshopxml.msn.com
11/29/01
9:17 -9:24
00:07
www.vilanova.edu
10:36 -11:36
01:00
www.yahoo.com (e -mail)
www.allbusiness.com
www.csipartners.com
www.greyemarketinq.com
www.date.com
www.fineleatherfurniture.com
www.worldforum.com
www.free-irewards.com
www.vistaprint.com
www.psecu.com
11/29/01
15:22 -15:31
00:09
www.msnbc.com
www.qwestdex.com
11/30/01
10:12 -10:14
00:02
www.msnbc.com
15:11 -15:12
00:02
www.msnbc.com
16:15 -16:35
00:20
www.eshop.msn.com
www.msnbc.com
www.qwestdex.com
www.eshopxml.msn.com
www.yahoo.com (e -mail)
www.botexsales.com
12/03/01
13:56 -14:00
00:04
www.padcp.com
12/04/01
11:36 -11:38
00:02
www.personalbuy.com /odys
14:24 -15:09
00:45
xtremelearninq.com
www.msnbc.com
12/05/01
8:51 -9:01
00:10
www.padcp.com
www.msnbc.com
www.investmentadvisor.com
www.realtystockreview.com
www.iavaticker.com
13:33 -13:43
00:10
www.msnbc.com
www.qwestdex.com
www.eshopxml.msn.com
16:23 -16:27
00:04
www.msnbc.com
www.eshopxml.msn.com
12/07/01
9:26 -9:45
00:19
www.msnbc.com
www.qwestdex.com
www.eshopxml.msn.com
www.padcp.com
13:55 -14:13
00:18
www.tfike
www.weather.com
12/10/01
9:50 -10:05
00:15
www.psecu.com
Maduka 01- 042 -C2
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Commonwealth time, a total of 22 hours, 38 minutes as detailed below:
a. Maduka spent 51 additional minutes utilizing his Commonwealth computer to
access Internet sites before /after his scheduled work hours.
Date
Time
Duration
Website(s)
www.msnbc.com
www.eshopxml.msn.com
www.qwestdex.com
12/11/01
15:46 -15:53
00:07
www.msnbc.com
12/12/01
10:04 -10:07
00:03
www.realtystockreview.com
www.javaticker.com
14:41 -15:14
00:33
www.duke.edu
www.theherald.orq
www.emory.edu
www.adobe.com
www.imaqes.adobe.com
www.msnbc.com
12/13/01
14:43 -14:56
00:13
yahoo.com
store.yahoo.com
www.mybeautycenter.com
www.sidestep.com
12/14/01
8:37 -9:16
00:39
www.adobe.com
al 784.q.akamai.net
9:23 -9:37
00:14
www.padcp.com
ie.search.msn.com
www.imaqes.adobe.com
www.adobe.com
10:16 -10:44
00:28
www.personalbuy.com /odys
mail.yahoo.com
12/17/01
9:05 -9:12
00:07
mail.yahoo.com
9:24 -9:44
00:20
search.msn.com
java.yahoo.com
www .increasecellphonereception.com
www.ediets.com
salsa.dietsmart.com
10:43 -11:02
00:19
www.psecu.com
12/18/01
9:22 -9:28
00:06
www.pasda.psu.edu
www.winzip.com
10:21 -10:29
00:07
www.nrischools com
www.mhlifetimelearninq.com
12/18/01
10:42 -11:33
00:51
moneycentral.msn.com
www.mhlifetimelearninq.com
www.padcp.com
mail.yahoo.com
us.adserver.yahoo.com
edit.briefcase.yahoo.com/bc/odyskrafts
qraphics.emazinq.com
imq.qreyemarketinq.com
14:13 -14:16
00:03
www.lexmark.com
15:44 -15:48
00:04
moneycentral.msn.com
12/19/01
11:31 -12:05
00:34
www.cnbc.com
moneycentral.msn.com
www.padcp.com
www.lexmark.com
mail.yahoo.com
qraphics.emazinq.com
14:24 -14:31
00:07
jobnet.scsc.state.pa.us
15:12 -15:52
00:40
www.extremelearninq.com
autoshopper.com
Maduka 01- 042 -C2
Page 13
Date
Time
Duration
Website(s)
static.appliedsemantics.com
elearners.com
www.harcourt- learninq.com
www.amazon.com
www.blackboard.com
www.unforgettablelanquages.com
www.wuzieqames.com
12/20/01
11:38 -11:53
00:15
webfile.com
www.usps.com
www.extremelearninq.com
autoshopper.com
search.msn.com
12:02 -12:04
00:02
www.clickxchanqe.com
www.spamfreebulkemail.com
www.gksrv.net
www.autogiant.com
www.padcp.com
12/21/01
15:21 -15:48
00:27
moneycentral.com
www.padcp.com
www.ameritrade.com
www.yahoo.com
12/26/01
9:13 -9:43
00:30
www.yahoo.com
www.padcp.com
qraphics.emazinq.com
www.mypoints.com
12/26/01
(Continued)
www.visalaw.com
www.lowestfare.com
10:58 -11:16
00:18
www.sers.state.pa.us
www.yahoo.com
www.visalaw.com
www.centerforhumanrights.com
15:31 -15:38
00:07
www.psecu.com
12/27/01
11:14 -11:16
00:02
www.padcp.com
14:33 -14:58
00:25
www.real - net.net
www.yahoo.com
15:42 -15:50
00:08
www.cnbc.com
moneycentral.msn.com
12/28/01
14:35 -15:18
00:43
www.presidentialmortqaqe.com
www.principal.com
12/31/01
8:29 -8:45
00:16
html- images.realnetworks.com
www.padcp.com
13:58 -14:35
00:37
search.msn.com
mail.yahoo.com
www.theqamblershop.com
www.freebonusoffers.com
www.3turtles.com
01/02/02
9:08 -9:13
00:05
mail.yahoo.com
16:00 -16:12
00:12
search msn.com
mail.yahoo.com
www.3trurtles.com
www.nuomeqa.com
01/03/02
7:41 -8:22
00:41
www.presidential.com
www.presidentialmortqaqe.com
www.principal.com
Maduka 01- 042 -C2
Page 14
Date
Time
Duration
Website(s)
www.padcp.com
www.msn.com
www.eshopxml.msn.com
www.fathom.com
moneycentral.msn.com
www.investmentadvisor.com
01/04/02
11:19 -11:23
00:04
www.padcp.com
www.cnbc.com
moneycentral.msn.com
personal fidelity.com
01/07/02
7:27 -7:48
00:21
www.padcp.com
www.msnbc.com
www.qwestdex.com
www.eshopxml.com
01/07/02
8:05 -8:18
00:13
www.msnbc.com
www.qwestdex.com
www.eshopxml.com
moneycentral.msn.com
15:13 -15:19
00:06
www.bloomberq.com
www. bloomberquniversity.com
01/08/02
13:09 -13:29
00:20
www.bloomberq.com
www.insurance.com
01/09/02
11:47 -11:50
00:03
www.thompson.com
14:24 -15:13
00:49
www.cnbc.com
moneycentral.msn.com
www.padcp.com
www.yahoo.com
www.quickinspirations.com
www.302media.com
www.jackpot.com
www.qamblershop.com
www.oracle.com
www.newmmq.com
wwwl .fatbrain.com
www.fineleatherfurniture.com
www.kw.edu
www.anythinqemail.com
www.houseofedu.com
www.myquinstreet.com
01/10/02
8:28 -8:55
00:27
www.yahoo.com
www.allbusiness.com
www.youwinit.com
10:13 -10:51
00:38
www.extremelearninq.com
01/11/02
8:11 -8:14
00:03
www.padcp.com
8:40 -8:46
00:06
www.pscecu com
www.snapfish.com
01/18/02
10:11 -10:23
00:12
www.principal.com
01/22/02
8:42 -9:10
00:28
www.msnbc.com
www.palfair.com
www.yahoo.com
11:20 -11:24
00:04
www.yahoo.com
01/24/02
11:24 -11:38
00:14
www.yahoo.com
www.winfreestuff.com
01/30/02
10:15 -10:29
00:14
www.yahoo.com
Maduka 01- 042 -C2
Page 15
Date
Time
Duration
Website(s)
13:10 -13:19
00:09
www.yahoo.com
www.imotors.com
13:58 -14:16
00:18
www.yahoo.com
01/31/02
13:05 -13:06
00:02
home.att.net
www.at .net
www.southatlanticregion.orq
02/01/02
14:40 -15:00
00:20
www.yahoo.com
www.zdnet.com
www.cnet.com
15:44 -15:51
00:07
www.iandr.com
02/04/02
15:06 -15:34
00:28
www.qeeves.com
www.yahoo.com
www.hotmail.com
-y42.briefcase.yahoo.com/bc/odyskrafts
www.lowestfare.com
02/05/02
14:22 -14:32
00:10
studio.adobe.com
www.akasouthatlanticreqion.orq
02/08/02
13:28 -14:00
00:32
www.merchantconnect.com
www.irs.gov
02/11/02
10:25 -10:28
00:03
www.psecu.com
02/13/02
11:25 -11:47
00:22
www.yahoo.com
www.etracks.com
13:31 -13:47
00:16
www.yahoo.com
qraphics.emazinq.com
02/21/02
8:30 -8:46
00:16
www.psecu.com
03/05/02
9:12 -9:36
00:24
www.ppi2pass.com
13:41 -14:44
01:03
firstunion.com
static appliedsemantics.com
www.firstunion.com
personalfinance.firstunion.com
business.firstunion.com
03/07/02
7:54 -8:30
00:36
firstunion.com
10:27 -10:30
00:03
www.norwood.com
15:32 -15:37
00:05
www.firstunion.com
03/08/02
8:04 -8:12
00:08
www.firstunion.com
10:43 -11:07
00:24
www.psecu.com
03/11/02
9:18 -9:19
00:01
www.usps.com
11:14 -11:21
00:07
www.mapquest.com
14:57 -15:13
00:16
www.yahoo.com
www.qiantrewards com
www.computerworld.com
03/12/02
9:27 -9:42
00:15
www.psecu.com
03/13/02
9:18 -9:20
00:02
www.msnbc.com
11:07 -11:23
00:15
www.qwestdex.com
www.msnbc.com
www.xml.eshop.msn.com
www.eshop.msn.com
03/14/02
8:12 -8:20
00:08
www.nsemblem.com
www.hideandleatherhouse.com
8:44 -8:52
00:08
www.hidehouse.com
www.nsemblem.com
9:39 -9:50
00:11
wwwnsemblem.com
10:37 -10:42
00:05
www.yahoo com
Maduka 01- 042 -C2
Page 16
Maduka 01- 042 -C2
Page 17
49. Maduka's compensation from the Commonwealth while using his Commonwealth
computer to access Internet sites unrelated to his Commonwealth employment while on
Commonwealth time was $685.76.
1,042 minutes /60 = 17 hours, 22 min. [sic] x $25.67 per hour = $445.46
549 minutes /60 = 9 hours, 9 min. [sic] x $26.26 per hour = $240.30
50. Maduka continued to utilize Commonwealth time and equipment to make personal and
private business calls while on Commonwealth time, even after being disciplined.
a. Maduka used Commonwealth telephones and personal cellular telephones
while on Commonwealth time to make these calls.
51. Records of Maduka's use of the Commonwealth telephone assigned to him, 717 783-
2954, for the period January 2001, through March 2002 (excluding September 2001)
confirmed that Maduka made long distance calls unrelated to his Commonwealth
employment.
52. Maduka made three calls to leather related businesses located in Philadelphia, PA and
Lancaster, PA.
a. Blacks Ba & Baggage (215) 496 -7215
02/22/02 9:22 1:48 min. $0.07
02/22/02 10:05 1:24 min. $0.06
b. Mococo Leather
10/11/01 @ 14:17 2:0 min. $0.08
53. Maduka continued to make personal long distance calls on Commonwealth time to
Success Kalu and Ernest Madishie even though he had been directed to cease this
activity on at least two prior occasions.
a. Thirty calls were placed to Success Kalu, employed in the DEP Williamsport
office.
1. The duration of the calls was 5 hours, 48 minutes.
2. The cost to the Commonwealth for the calls was $13.87.
a. Calls were placed using DEP's watts line.
3. None of the calls occurred between 12:00 noon and 1:00 p.m.
b. Eleven calls were placed to Ernest Madishie, employed in the DEP Wilkes -
Barre office.
1. The duration of the calls was 4 hours, 52 minutes.
2. The cost to the Commonwealth for the calls was $11.51.
a. Calls were placed using DEP's watts line.
3. None of the calls occurred between 12:00 noon and 1:00 p.m.
54. Maduka was compensated by the Commonwealth while making personal calls and
calls relating to his supplementary employment using his Commonwealth telephone, in
the amount of $260.72.
Maduka 01- 042 -C2
Page 18
Time Period
01/12/02 — 03/29/02
07/01/01 — 01/11/02
01/13/01 — 06/30/01
07/01/00 — 01/12/01
55. The cost to the Commonwealth for the personal and supplemental employment related
calls during the time period noted above was $25.61.
a. Costs for placing these calls would have been significantly greater if placed
from a private line.
56. Maduka obtained a cellular telephone account with AT &T Wireless services on or
about January 1999.
a. Maduka obtained a cellular telephone for making personal and business calls
he formerly made on his Commonwealth telephone.
1. This was done in response to the disciplinary action taken by DEP.
b. During the January 1999 disciplinary hearing, Maduka was instructed by Lauch
that it was inappropriate to make calls on his cellular telephone during his
Commonwealth working hours.
c. Maduka ignored this admonishment.
57. During the period from October 2000 through November 2001, Maduka utilized his
personal cellular telephone to make personal telephone calls on Commonwealth time
totaling 8 hours, 51 minutes.
a. Maduka's cellular telephone records were not available for the periods from
January 1999 to September 2000 and from November 2001 to the present.
58. Maduka utilized his cellular telephone on Commonwealth time in relation to his
supplemental employment with O'DY's Kustom Krafts for a total of 2 hours, 21 minutes.
a. Businesses contacted included: J.T. Leather Briefcase Corp.; North Star
Leather Co.; Alpha Kappa Alpha Sorority, Inc.; Leatherworks; Rome Fastener
Sales Corp.; Priority Supply Co.; Savage Promotion, Inc.; Leather Industries of
America; The Links, Inc.; Contemporary Arts Center of Virginia; B &K Leather
Stripping Co., Inc.; Active Trimming Co.; Masters Tool & Die, Inc.; Adsystech,
Inc.; Bagia & Morley Associates /Steven Morley, Esq.
1. Duration of calls totaled 2 hours, 30 minutes.
Telephone numbers of incoming calls are not identified on monthly billing
statements.
Fourteen 800 numbers called totaled 55 minutes.
b.
c.
59. Maduka received incoming calls on his personal cellular telephone during his
Commonwealth work hours as follows:
Date
10/17/00
Duration Rate
02:28:24 $26.26 per hour
05:54:42 $25.67 per hour
01:43:42 $24.80 per hour
00:02:00 $24.27 per hour
10:08:48 [sic]
Time Duration
11:52 a.m. 20 minutes
Compensation
$ 65.08
$ 151.99
$ 42.85
$ 260.72
Maduka 01- 042 -C2
Page 19
12/20/00 10:15 a.m. 5 minutes
12/20/00 10:20 a.m. 8 minutes
12/20/00 10:29 a.m. 4 minutes
12/20/00 3:48 p.m. 2 minutes
12/26/00 1:24 p.m. 4 minutes
12/28/00 1:42 p.m. 15 minutes
01/09/01 10:27 a.m. 35 minutes
01/12/01 1:11 p.m. 14 minutes
01/12/01 1:38 p.m. 2 minutes
01/19/01 11:04 p.m. 2 minutes
03/05/01 11:46 p.m. 1 minute
Date Time Duration
03/12/01 10:35 a.m. 3 minutes
07/16/01 1:46 p.m. 6 minutes
07/16/01 2:00 p.m. 5 minutes
07/18/01 10:48 a.m. 2 minutes
07/18/01 1:01 p.m. 3 minutes
07/18/01 2:38 p.m. 1 minutes
07/18/01 3:16 p.m. 1 minutes
07/18/01 3:52 p.m. 10 minutes
07/18/01 4:21 p.m. 8 minutes
07/24/01 11:21 p.m. 1 minute
10/31/01 1:31 p.m. 5 minutes
11/02/01 1:58 p.m. 1 minute
11/20/01 11:57 a.m. 2 minutes
160 minutes
60. Wages paid to Maduka by the Commonwealth while utilizing his cellular telephone for
incoming personal calls totaled:
10/12/00 — 1/12/01 109 min /60 = 1.82 hours x $24.27 = $ 44.09 [sic]
01/19/01 — 03/12/01 6 min /60 = .10hours x $24.27 = $ 2.43
07/16/01 — 11/20/01 45 min /60 = .75 hours x $25.67 = $ 19.25
160 minutes $ 65.77
61. Maduka utilized his cellular telephone on Commonwealth time to contact Success Kalu
on four dates totaling 56 minutes.
10/12/00 1:50 p.m.
10/26/00 1:59 p.m.
01/09/01 2:30 p.m.
01/12/01 3:35 p.m.
23 minutes
9 minutes
1 minute
23 minutes
62. Wages paid to Maduka by the Commonwealth for the 8 hours and 51 minutes he
utilized his personal cellular telephone to make personal calls and calls relating to his
supplemental employment, O'DY's Kustom Krafts total $236.63.
10/12/00-01/12/01 273 min /60 = 4 hrs. 33 min. sic] (5.1 x $24.27) = $ 110.78
01/17/01- 03/14/01 67 min /60 = 1 hr. 7 min. 1.1 x $24.80) = $ 27.28
07/16/01 - 11/20/01 191 min /60 = 3 hrs. 11 min. sic] (3.43 x $25.67) = $ 81.63
531 minutes 8 hrs 51 min. $ 236.63
63. Between 1999 and March 2002, Geoffrey Maduka regularly used his position,
including Commonwealth telephones, time and equipment for personal benefit and that
of his company, O'DY's Kustom Krafts.
a. Maduka was aware that he was not to use Commonwealth equipment for
Maduka 01- 042 -C2
Page 20
personal uses since at least 1992.
1. Maduka received a letter of reprimand on February 28, 1992, for using
Commonwealth telephone credit card to make 485 calls from his home.
2. Maduka was reprimanded in January 1999 and January 2000 for using
Commonwealth telephones and charged with approximately 140 hours
of leave without pay and directed to cease his supplementary
employment.
64. Maduka continued to utilize telephones and computers in spite of the reprimands in
1999 and 2000.
a. Maduka continued to use Commonwealth telephones to make in excess of 35
hours worth of calls using Commonwealth telephones and an additional 12
hours of calls on his cellular telephone.
1. These calls were made during Maduka's regular hours as a
Commonwealth employee.
b. Maduka accessed the Internet in excess of 23 hours for personal purposes or
for O'DY's Kustom Krafts.
65. Maduka continued to operate O'DY's even though he signed the directive in 1999
agreeing to cease all operations.
a. Maduka accessed websites on Commonwealth time in relation to O'DY's.
b. Maduka continued to purchase equipment and supplies in excess of $20,000
for the operation of O'DY's.
c. Maduka attended 10 different conventions /conferences to sell O'DY's products.
66. Maduka received a financial benefit when he made personal telephone calls and calls
relating to his supplementary employment while on Commonwealth time, and when he
utilized Commonwealth equipment including his telephone and computer for ersonal
use and to conduct his supplementary employment, in the amount of $2,137.67 [sic].
a. Commonwealth telephone use:
Compensation: $ 544.52
$ 260.72
Cost of Calls: $ 119.08
b. Cellular Telephone Use:
Compensation: $ 302.40
c. Computer Use /Internet Access:
Compensation: $ 685.91
Total Compensation: $ 1,793.55
Total Cost of Calls using Commonwealth Telephone: $ 119.08
Total: $ 1,912.63 [sic]
III. DISCUSSION:
Maduka 01- 042 -C2
Page 21
At all times relevant to this matter, the Respondent, Geoffrey O. Maduka, hereinafter
Maduka, has been a public employee subject to the provisions of the Public Official and
Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et se as codified by
the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65Pa.C.S. § 1101
et seq., which Acts are referred to herein as the "Ethics Act."
The allegations are that Maduka, as a Sanitary Engineer III in the Department of
Environmental Protection (DEP), violated Sections 1103(a) and 1105(b) of the Ethics Act
when he failed to disclose income and business interests in O'DY's Kustom Krafts on
Statements of Financial Interests (SFI's) for the 1996 through 2000 calendar years; and when
he used Commonwealth time and equipment including computers and telephones in aid of his
personal and private business interests
Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest.
The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as follows:
Section 2/1102. Definitions
"Conflict" or "conflict of interest." Use by a public official
or public employee of the authority of his office or employment or
any confidential information received through his holding public
f
of ce or employment for the private pecuniary benefit of himself,
a member of his immediate family or a business with which he or
a member of his immediate family is associated. "Conflict" or
"conflict of interest" does not include an action having a de
minimis economic impact or which affects to the same degree a
class consisting of the general public or a subclass consisting of
an industry, occupation or other group which includes the public
official or public employee, a member of his immediate family or a
business with which he or a member of his immediate family is
associated.
65 P.S. § 402/65 Pa.C.S. § 1102.
Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee 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 5(b )/1105(b) of the Ethics Act requires that every public official /public
employee and candidate list the name and address of any direct or indirect source of income
totaling in the aggregate of $1,000/$1,300 or more.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Maduka has been employed as a Sanitary Engineer in DEP since August of 1989.
Currently, as a Sanitary Engineer III, Maduka's duties and responsibilities include reviewing
permit applications for storm water runoff and combined soil overflows to ensure that permits
adhere to departmental and sanitary board requirements. From October of 2000 to the
present, Maduka's scheduled hours have been 8:00 a.m. to 4:30 p.m. with an hour for lunch
and two 15- minute breaks; prior thereto, Maduka's work schedule was 7:00 a.m. to 3:30 p.m.
Maduka 01- 042 -C2
Page 22
In a private capacity, Maduka owns and operates O'DY's Kustom Krafts, a leather
goods business. Maduka is the only employee of the business which he runs over the
Internet or through trade shows, conventions, and conferences.
Maduka applied for and received a fictitious name for O'DY's Kustom Krafts from the
Pennsylvania Department of State on April 8, 1991. In addition, Maduka utilizes a website to
advertise his products and merchandise and has two e-mail addresses. In September of
1995, Maduka submitted a supplementary employment request to DEP which was approved
on December 18, 1995, subject to the conditions that the supplementary employment would
not interfere with his regular work hours or job performance; Commonwealth property,
equipment, tools, and materials could not be used in furtherance of the employment; and
solicitations could not be made during Commonwealth working hours at Commonwealth
facilities.
As a Sanitary Engineer III with DEP, Maduka was required to file SFI's. For the 1996
through 2001 calendar year SFI's, Maduka did not disclose O'DY's Kustom Krafts as a direct
or indirect source of income, did not disclose his office, directorship, or employment in O'DY's
Kustom Krafts, and did not disclose that he had a financial interest in O'DY's as a legal entity
in business for profit.
In August of 1998, DEP management questioned Maduka's erformance as a
Commonwealth employee. Maduka proffered a defense that his poor performance was due in
part to numerous telephone inquiries to which he was required to respond during normal
working hours. Maduka's response generated a review of his telephone usage at DEP for the
time period of April through June of 1998. DEP determined that Maduka made 136 telephone
calls that related to his supplementary employment/ ownership of O'DY's Kustom Krafts. Such
calls were primarily made to leather suppliers, importers and exporters.
At a predisciplinary conference in January of 1999, Maduka admitted that he made
calls for personal and supplemental employment reasons and further admitted that he spent
DEP time on his private business as well as made personal long distance telephone calls
which negatively impacted upon his job performance.
In January of 1999, Maduka received written notice of alternative discipline in lieu of
suspension without pay. The alternative discipline was equivalent to a three -day suspension
and a final warning. The discipline was based upon DEP's determination that Maduka
solicited transactions for his business on Commonwealth time using Commonwealth
equipment and also misused Commonwealth equipment and work time for personal long
distance telephone calls. Maduka was charged with 16.1 hours of leave without pay for the
time spent on telephone calls for his supplementary employment.
DEP revoked Maduka's supplementary approval for O'DY's Kustom Krafts by letter of
February 10, 1999, and Maduka signed a letter on February 11, 1999, that he would cease
his supplementary employment immediately. However, Maduka did not cease operating
O'DY's Kustom Krafts even though he had agreed to comply with DEP's directives. Maduka
continued to operate O'DY's Kustom Krafts after the disciplinary action by purchasing leather,
machinery, tools, hardware and related supplies and by running booths at trade shows,
conventions and other events where sales of goods were advertised.
By letter of January 14, 2000, Maduka received a DEP memo advising that he owed
additional amounts for long distance calls made on DEP telephones for both personal and
supplemental employment purposes. In particular, Maduka was notified that he was charged
with 124.8 hours of leave without pay and was directed to make restitution to the
Commonwealth (over $580) for the cost of the telephone calls. Maduka issued a personal
check in payment to the Commonwealth on January 26, 2000. Finally, Maduka was also
directed to refrain from making personal and business calls on Commonwealth telephones.
Maduka 01- 042 -C2
Page 23
DEP conducted a follow -up review of Maduka's long distance telephone calls for the
period of September 1999 through April 2000. The review was initiated due to continuing
concerns about Maduka's use of Commonwealth telephones for personal and private
business purposes. The review reflected that an additional 1,257 minutes of personal
telephone calls were made by Maduka on the Commonwealth telephone. The majority of
these calls were made to two DEP employees. The calls to those two employees were not for
DEP purposes but rather for personal reasons. DEP directed Maduka to discontinue such
calls which Maduka conceded were of a personal nature. It is stipulated that Maduka received
$514.62 of compensation from the Commonwealth for the time he spent making personal
long-distance telephone calls that were unrelated to Commonwealth employment for the period
of September 1999 through April 2000. Maduka did not reimburse the Commonwealth for the
calls or for the time he spent on the telephone.
After the disciplinary action of January 1999, Maduka continued to use Commonwealth
time and equipment for personal use and for O'DY's Kustom Krafts. In November of 2000, the
Office of Inspector General was requested to investigate allegations as to Maduka's
continuation of his supplementary employment despite the revocation of his supplementary
employment approval by DEP.
Although Maduka signed a Commonwealth Internet /E -mail User Agreement in January
2001, he used the Commonwealth computer and Internet access for purposes of O'DY's
Kustom Krafts and other non -work related reasons. Maduka frequently accessed his Yahoo
website via the Commonwealth computer where he could check orders and requests relating
to his leather craft business. In addition, Maduka accessed websites that related to leather
goods and O'DY's Kustom Krafts. See, Fact Findings 45 and 46. In addition, Maduka
accessed his own website via the Commonwealth computer /Internet system. For the period
from November 2001 to March 2002, there was a total of 22 hours and 38 minutes on the
Commonwealth computer /Internet connection by Maduka for purposes other than DEP
employment. See, Fact Finding 48. Maduka received compensation of $685.76 when he
accessed the Commonwealth computer and Internet sites for purposes other than
Commonwealth employment. Maduka continued to do this even after he had been disciplined.
A review of Maduka's telephone usage for the period of January 2001 through March
2002 reflects that Maduka made long distance calls unrelated to Commonwealth employment.
Some calls related to his leather craft business. In addition, Maduka continued to make
personal calls to the two DEP employees about whom he received prior discipline and a
warning not to make any further personal calls. During that time Maduka received $260.72 in
Commonwealth compensation while using his Commonwealth telephone for non -DEP
business.
In January of 1999, Maduka obtained a cellular telephone account with AT &T wireless.
Even though Maduka had been instructed that he could not use a cellular telephone during
Commonwealth working hours to make personal or business calls, Maduka used his cellular
telephone for such purposes. For the period from October 2000 through November 2001,
Maduka used his personal cellular telephone to make personal calls; Maduka received
compensation from the Commonwealth of $65.77 while receiving incoming cellular calls and
compensation of $236.63 while making outgoing cellular telephone calls for personal or
business purposes. Maduka continued to utilize telephones and computers despite
reprimands he received in 1999 and 2000. The total financial benefit that Maduka received
when he made personal telephone calls and calls relating to his supplemental employment
while on Commonwealth time and when he used Commonwealth equipment including
telephone and computers for personal use and the conduct of his supplementary employment
totaled $1,912.63/ $2,137.67 See, Fact Finding 66.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
Maduka 01- 042 -C2
Page 24
The parties' Consent Agreement sets forth a proposed resolution of the allegations.
The Consent Agreement proposes that this Commission find a violation of Section 1103(a ) of
the Ethics Act when Maduka used Commonwealth facilities, equipment and work time for his
personal and private business interests, and a violation of Section 1105(b) of the Ethics Act
when Maduka omitted income, business ownership, and financial interest in O'DY's Kustom
Krafts on his SFI's filed for the 1996 through 2001 calendar years. Maduka agrees to make
payment of $1,700 to the Commonwealth of Pennsylvania through this Commission within 30
days of the issuance of this Order.
In applying the provisions of 1103(a) of the Ethics Act to the stipulated findings, we find
that there were uses of authority of office by Maduka. But for the fact that Maduka was a
Sanitary Engineer III for DEP, he would not have been in a position to use Commonwealth
facilities, telephones, computers and Internet for personal and private business activities as to
his leather crafts business. Such actions were uses of authority of office by Maduka. See,
Juliante, Order 809. The uses of authority of office resulted in private pecuniary benefits to
Maduka and his business, O'DY's Kustom Krafts. The private pecuniary benefits consisted of
the various expenses that Maduka did not have to pay out -of- pocket when he used
Commonwealth facilities and equipment to conduct such business activities. In addition, there
were pecuniary benefits to Maduka in that he was using Commonwealth time and
compensation he received while engaging in such personal and private business activities.
Lastly, the private pecuniary benefits inured to both Maduka and O'DY's Kustom Krafts which
is a business with which he is associated as that term is defined under the Ethics Act.
Accordingly, Maduka violated Section 1103(a) of the Ethics Act when he used Commonwealth
facilities, equipment, and work time for his personal and private business interests in O'DY's
Kustom Krafts, a business with which he is associated.
Our decision follows a long line of Commission precedents where we have held that a
public official /employee may not use government offices, equipment, facilities or personnel for
private business activities. See, Heck, Order 1251; Catone, Order 994 ; Metrick, Order 1037.
Turning to the SFI allegation, it is stipulated that for the calendar years 1996 through
2001, Maduka failed to disclose income from O'DY's Kustom Krafts, failed to disclose his
financial interest in O'DY's Kustom Krafts as a legal entity in business for profit, and failed to
disclose his office, directorship or employment in O'DY's Kustom Krafts. Thus, the record
before us reflects that Maduka failed to disclose those financial interests in O'DY's Kustom
Krafts which he was required to do so by the Ethics Act. Accordingly, Maduka violated
Section 1105(b) of the Ethics Act when he failed to disclose O'DY's Kustom Krafts on his
SFI's for the 1996 through 2001 calendar years as a source of income, as a financial interest
in a legal entity in business for profit, and as a business in which he is an officer, director, or
employee in that business.
For the five year period that SFI's are retained on file by DEP, we direct Maduka to file
amended SFI's listing O DY's Kustom Krafts as a source of income, as a financial interest in a
legal entity in business for profit, and as a business in which he is an officer, director, or
employee in that business.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis and
the totality of the facts and circumstances. Accordingly, Maduka is directed to make payment
of $1,700 to the Commonwealth of Pennsylvania through this Commission within 30 days of
the issuance of this Order. Compliance with the foregoing payment and filing of amended
SFI's will result in the closing of this case with no further action by this Commission.
Noncompliance will result in the institution of an order enforcement action.
Maduka 01- 042 -C2
Page 25
We remind Maduka that public employment is a public trust and that he must comport
his future conduct so as to be both within the letter and spirit of the Ethics Act.
IV. CONCLUSIONS OF LAW:
1. Maduka, as a Sanitary Engineer III for the Department of Environmental Protection, is
a public employee subject to the provisions of Act 9 of 1989 as codified by Act 93 of
1998.
2. Maduka violated Section 1103(a) of the Ethics Act when he used Commonwealth
facilities, equipment, and work time for his personal and private business interests in
O'DY's Kustom Krafts, a business with which he is associated.
3. Maduka violated Section 1105(b) of the Ethics Act when he failed to disclose O'DY's
Kustom Krafts on his Statements of Financial Interests for the 1996 through 2001
calendar years as a source of income, as a legal entity in business for profit in which
he has a financial interest, and as a business in which he is an officer, director, or
employee.
In Re: Geoffrey O. Maduka
ORDER NO. 1273
File Docket: 01- 042 -C2
Date Decided: 4/4/03
Date Mailed: 4/18/03
1. Maduka, as a Sanitary Engineer III for the Department of Environmental Protection,
violated Section 1103(a) of the Ethics Act when he used Commonwealth facilities,
equipment, and work time for his personal and private business interests in O'DY's
Kustom Krafts, a business with which he is associated.
2. Maduka violated Section 1105(b) of the Ethics Act when he failed to disclose O'DY's
Kustom Krafts on his Statements of Financial Interests for the 1996 through 2001
calendar years as a source of income, as a financial interest in a legal entity in
business for profit, and as a business in which he is an officer, director, or employee in
that business.
3. Per the Consent Agreement of the parties, Maduka is directed to make payment of
$1,700 to the Commonwealth of Pennsylvania through this Commission within 30 days
of the issuance of this Order.
4. Within 30 -days of the date of mailing of this Order, Maduka is directed to file amended
SFI's for the five year period that Statement Financial Interests are retained on file by
DEP, listing O'DY's Kustom Krafts as a source of income, as a legal entity in business
for profit in which he has a financial interest, and as a business in which he is an
officer, director, or employee.
5.. Compliance with the provisions of paragraphs 3 and 4 will result in the closing of this
case with no further action by this Commission. Non - compliance will result in the
institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair