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In Re: Greg Erosenko,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM309
IIARRBB1JRG, PA 17120-0400
File Docket
Order No.
Date Decided:
Date Mailed:
21-030
1923
10/4/23
10/6/23
Be -fore: Michael A. Schwartz, Chair
Rhonda Hill Wilson, Vice Chair
Shelley Y, Simms
Paul E. Parsells
David L. Reddecliff
This is a final adjudication of the State Ethics Commission. 1
FACSIMILE: 717-787-0806
WEBSITE: wwwetliic
a4.)_a._gcv
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. § 1101 et sedgy, 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." A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to
the Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order. The Consent Agreement has been approved.
1. ALLEGATIONS:
That Greg Erosenko, a public official/p,ublic employee in his capacity as a Member of
Council for the Municipality of Monroeville ("the Municipality"), Allegheny County, violated
Sections 1103(a), 1105(a), 1105(b)(5), and 1105(b)(8) of the Ethics Act:
(1) When he used the authority of his public position for the private pecuniary benefit
of himself and/or a member of his immediate family by participating in actions and
discussions with the Municipal Manager of the Municipality resulting in the
Municipal Manager hiring his wife;
' Commissioner Robert P, Caruso recused himself from this matter and did not participate in the deliberations
involving this case.
Erosenko, 21-030
Page 2
(2) When he failed to Pile all required information on his Statements of Financial
Interests for calendar years 2016 through 2020 by failing to include the name of the
governmental entity of which he is a member;
(3) When he failed to file all required information on his Statements of
Financial Interests for calendar years 2016 through 2020 by failing to
disclose all direct/indirect sources of income; and
(4) When he failed to file all required information on his Statement of Financial
Interests for calendar year 2016 by failing to include his employment with a
business entity.
IL FINDINGS:
1. Gregory Erosenko ("Erosenko") served as a Member of Council for the Municipality of
Monroeville ("the Municipality"), Allegheny County, from January 2, 2018, to January 3,
2022.
a. Erosenko served as the Mayor of the Municipality from January 4, 2010, to January
2, 2018.
2. The Municipality originally existed under the classification of Patton Township, Allegheny
County.
a. Patton Township was formally reclassified as the Borough of Monroeville in 1952.
b. The Borough of Monroeville was formally renamed as the Municipality of
Monroeville effective January 1976.
3. The Municipality operates under a Home Rule Charter ("HRC") system of government
consisting of a seven -Member Council elected by ward and a Mayor elected at large.
a. The HRC establishes Council as the legislative body of the Municipality.
1. The HRC allows Council Members to be compensated for their service per
mandates established within the Pennsylvania Borough Code or other sum
set by Council by ordinance from time -to -tithe.
b. The HRC establishes the Mayor as the head of Council responsible for presiding
over all Council deliberations.
1. The Mayor effectively serves as the President of Council.
2. The Mayor does not vote on matters presented to Council.
aa. The Mayor does hold veto, tabling, or tie -breaking authority.
Erosenko, 21-030
Page 3
3. The HRC allows the Mayor to be compensated for his/her service per
mandates established within the Pennsylvania Borough Code or other sum
set by Council by ordinance from time -to -time.
4. Council holds a regularly scheduled agenda meeting and legislative meeting on the first
and second Tuesday of each month, respectively.
a. The agenda meeting consists of Council discussion regarding items on the agenda
for the upcoming legislative meeting.
1. The majority of Council discussion on matters to be presented for vote at
the legislative meeting occurs during the agenda meeting.
2. The agenda meeting was previously held on the first Thursday of each
month.
b. The legislative meeting primarily consists of Council voting on agenda items
previously discussed in the agenda meeting.
1. The legislative meeting is essentially a rubber stamp meeting to vote on and
pass the items discussed at the agenda meeting.
G. Special meetings are held as needed.
5. The Mayor and Council Members receive a salary for services rendered in their capacity
as public officials.
a. The Mayor receives $375.00 (gross) monthly for his/her service as a public official.
b. Council Members receive $250.00 (gross) monthly on an individual basis for their
service as public officials.
c. The Mayor and all Council Members each receive $150.00 (gross) monthly for use
of personal telecommunication devices for Municipal business and/or the benefit
of the Municipality.
b. Voting at Council meetings is primarily conducted via individual roll call fashion.
a. Each individual Council Member's vote is documented within the meeting minutes
unless the vote is unanimous among all Council Members present.
1. Abstentions are specifically documented within the minutes along with the
name of the applicable Council Member.
b. Minutes of the monthly meetings are approved for accuracy at the following
month's legislative meeting.
Erosenko, 21-030
Page 4
I. Approval of the minutes as presented signifies that no corrections,
additions, or deletions are needed.
7. The agendas for Council's monthly meetings are developed/organized by the Municipal
Manager.
a. The Municipal Manager develops/organizes the agenda with potential input from
the Mayor, Council Members, department heads, etc.
b. The agendas are created by the Municipal Manager's secretary and included within
the meeting packet ultimately generated for each Council meeting.
S. The complete meeting packet is routinely made available to Council Members for review
at least one day prior to the agenda meeting and the legislative meeting.
a. The meeting packet is electronically uploaded by the Information Technology staff
to a secure website for Council and other municipal representatives to access.
I. Routine items within the electronic meeting packet upload include, among
others, the meeting agenda; resolutions and/or ordinances to be passed; the
list of bills; various reports (including payroll); minutes of the prior month's
meeting; and a list of vacancies on commissions, authorities, and/or boards
as well as individuals who have submitted resumes or applications for
consideration.
b. A physical copy of the electronic meeting packet is placed at each Council
Member's seat on the day of the meeting.
I . A physical copy of the bill list and payroll report is not included within the
copy of the meeting packet placed at each Council Member's seat.
2. The physical copy of the listing of vacancies and individuals interested in
serving on commissions, authorities, and/or boards is known/referenced as
the "Blue Sheet(s)" in reference to the color of the paper on which printed.
9. Council conducts separate votes at each legislative meeting regarding the approval of the
Municipal list of bills as well as the Municipal payroll report as presented.
a. The list of bills is representative of all bills received and due for payment since the
last Council legislative meeting.
1. Included within the list of bills is a separate health care bill list which
represents estimated premiums due for all Municipal health insurance
programs.
2. Approval of the list of bills as presented represents approval of the included
health care bill list.
Erosenlw, 21-030
Page S
b. The payroll report identifies each employee/representative receiving wages from
the Municipality and the amount received for the applicable payroll periods.
1. Employee/representative compensation is currently issued from the
Municipality's payroll fund.
2. Employee/representative compensation was previously issued directly from
the Municipality's General Fund.
C. Council's approval of the payroll/payroll report is a retroactive approval.
10. Compensation issued to representatives serving on the Municipality's compensated boards,
commissions, and authorities is documented on the payroll report presented for approval
at Council's monthly legislative meeting.
a. The majority of the Municipality's employees and/or compensated board/authority
members receive payment due via direct deposit.
11. Signature authority over the Municipality's financial accounts is maintained by the
Municipal Manager and the Mayor.
a. Municipal checks require the authorizing signature of both the Municipal Manager
and the Mayor.
1. Municipal checks are electronically generated with the authorizing
signatures affixed.
THE FOLLOWING FINDINGS RELATE TO THE MUNICIPALITY'S
IMPLEMENTATION OF THE HOME RULE CHARTER FORM OF GOVERNMENT;
SPECIFICATIONS MANDATED WITHIN THE MUNICIPALITY'S HOME RULE
CHARTER REGARDING HIRING/EMPLOYMENT PRACTICES; AND THE HIRING
OF HOLLY EROSENKO FOR A COMPENSATED EMPLOYMENT POSITION
WITHIN THE MUNICIPAL BUILDING.
12. The Municipality has operated under the HRC form of government since approximately
January 1976.
a. The Municipality approved the HRC form of government at the May 21, 1974,
primary election with an effective date of January 1976.
13. The HRC is composed of multiple Articles which outline/identify the form of government,
powers of the Municipality, elected officers, budgeting and fiscal matters, etc.
a. The HRC has been amended by referendum a minimum of eight times since initial
approval.
Erosenko, 21-030
Page 6
14. In addition to the HRC, the Municipality adopted the Code of the Municipality of
Monroeville ("Code") to provide day-to-day operational guidelines for the Municipality.
a. The Code represents a complete body of ordinances for the Municipality as revised,
codified, and consolidated into Chapters, Articles, and Sections enacted as a single
ordinance of the Municipality consisting of the HRC and Chapters I through 359
with an Appendix.
b. The Code was adopted by the Municipality via the passing of Ordinance No. 2042
on July 8, 1997.
15. Article VII of the HRC identifies/recognizes the existence of the Municipal Manager
position within the Municipality.
a. Section 701 of the HRC identifies the mandates for appointment, qualifications for
appointment, and residency requirements.
The Municipal Manager must be appointed by ordinance, solely on the basis
of executive and administrative qualifications; have at least five years'
experience as a manager or assistant manager (or a combination thereof) of
a similar sized and composed municipality; have a bachelor's or master's
degree (preferred) in public or business administration or related field from
an accredited college or university; and must become a resident of the
Municipality within one year of appointment.
b. Section 702 of the HRC documents the Municipal Manager's service as the chief
administrative officer of the Municipality, responsible to Council, with powers and
duties including, in part, the following:
Appointing, suspending, or removing all Municipal employees, except as
otherwise provided by law or the HRC, and reporting such to Council;
2. Appointing all department heads with the consent of Council; and
Directing and supervising all departments, offices, and agencies, except as
otherwise prohibited by law or the HRC.
Section 703 of the HRC identifies procedural limitations on the Mayor and Council
in relation to administrative service as follows:
Neither the Mayor nor Council nor any of its committees or members are to
direct or request the appointment to/removal from office or employment by
the Municipal Manager of any subordinate;
aa. Council, its Members, and the Mayor are to deal with the
administrative service solely through the Municipal Manager; and
Erosenko, 21-030
Page 7
2. Neither the Mayor nor Council nor any of its committees or members are to
give orders to any subordinate of the Municipal Manager either publicly or
privately.
d. Section 704 of the HRC addresses how the Municipal Manager may be removed as
well as restrictions associated with the removal as follows:
1. Council may remove the Municipal Manager at any time, with or without
cause, by ordinance by majority vote.
2. The removal is not effective until thirty days after the date of the removal
action.
Council's action in removing the Municipal Manager is not subject to
review by any court or agency.
16. Article XXI, General, of the HRC includes Sections 2106, 2107, and 2108 which address
conflict of interests, the duty to reveal conflicts, and violations of those respectively.
a. Section 2106 mandates that no elected or appointed municipal officer or employee
shall influence or attempt to influence the making of or supervise in any manner or
deal with any contract or municipal matter in which the individual has an adverse
or special interest.
b. Section 2107 mandates that any elected or appointed municipal officer who knows,
or in the exercise of reasonable diligence, could know that an officer is interested
financially directly or indirectly in any municipal contract, or has an adverse or
special interest in any municipal matter, shall notify Council of such.
Any such contract or municipal matter requires the affirmative vote of at
least five Members of Council for action/approval as well as the abstention
from voting if the interested individual is a Member of Council.
Section 2108 mandates that any elected or appointed Municipal officials who
knowingly violate Sections 2106 and/or 2107 shall forfeit their office(s) and any
employee doing so is to be terminated.
17. Multiple Municipal employees are employed in position classifications which are
represented by specific collective bargaining units or unions.
a. Municipal police officers are represented by the Wage Police Committee of the
Monroeville Police Department.
b. Municipal public works and refuse employees are collectively represented by the
Utility Workers United Association, Local 537.
Erosenko, 21-030
Page 8
C. Municipal clerical workers and emergency telecommunication officers are
collectively represented by PSSU Local #668, SEIU AFL-CIO, CLC.
18. The Collective Bargaining Agreement ("CBA") maintained between the Municipality and
Municipal clerical employees and emergency telecommunication officers establishes a
standard for wages and other conditions under which the union employees work for the
duration of the applicable CBA.
The CBA applicable for the 2019 calendar year was effective from January 1, 2015,
through December 31, 2019.
b. The current CBA spans an effective period of January 1, 2020, through December
31, 2023.
19, The 2015 — 2019 CBA included an index of multiple topics/subjects with agreed upon
terms and conditions including, among others, general conditions as well as insurance and
other benefits.
a. Section 3: General Conditions, Sub -section 3.8, specified that the creation or
vacation of a union position within. the Municipality required internal posting for a
period of five workdays to allow existing union members the opportunity to bid on
the position.
Any union employee interested in the position was required to file a written
bid with the Personnel Director (Director of Human Resources) within five
working days of the posting.
2. Vacancies were required to be filled within ten days from qualified union
employees filing a written bid.
b. Section 11: Insurance and Other Benefits, Sub -section 11.2, identified the
availability of health care through the Municipality including hospitalization, basic
eye care, high option dental, and sums contributed by the Municipality for
deductible costs.
I. Municipal employees are required to contribute 10% pre-tax of their
monthly premium towards the cost of health care insurance.
aa. Municipal employees' contributions towards their individual health
care premiums are automatically deducted by the Municipality in
equal five percent amounts from their bi-weekly payroll.
Section 11: Insurance and Other Benefits, Sub -section 11.3, detailed monetary
rebates available to Municipal employees who opted not to enroll in health care
benefits through the Municipality.
Frosenka, 21-030
Page 9
l . Rates established per the 2015 — 2019 CBA for the health benefit rebate
program are detailed below:
aa. Employees enrolled in the rebate program were entitled to an annual
rebate totaling 43% of the total monthly health care premium capped
at the 2016 premium rate;
bb. Employees hired after ratification of the 2015 — 2019 CBA were
entitled to an annual rebate of $4,000.00 for opting out of family
coverage and $3,000,00 for opting out of all other employee
coverages; and
CC. Employees covered by Municipality -provided health care benefits
who opted out after ratification of the CBA were entitled to an
annual rebate of $4,000.00 for opting out of family coverage and
$3,000.00 for opting out of all other employee coverages.
20. The Municipality's hiring process for newly created and/or vacated union clerical and/or
emergency telecommunication officers positions includes requirements set forth by the
applicable CBA as well as the HRC as follows:
a. Posting in house for a minimum of five workdays to allow for internal bidding on
the position by existing union employees.
1. Internal posting is accomplished via a physical paper posting placed in all
Municipality -owned buildings (the administrative building, the public
works building, the senior center, the library, etc.).
aa. Although the CBA requires the posting for five workdays, postings
are often in place for an entire week (seven calendar days).
2. Bidding on the open position by two or more union employees results in the
filling of the position based on the following weighted criteria:
aa. Demonstrated proficiency (Pass/Fail test or Qualification Rating):
40%.
bb. Union seniority: 40%.
CC. Attendance (averaged over the last three years, unexcused sick leave
only): 20%.
b. Advertising on the Municipal website and an area circular for outside interest if no
existing union employees bid on the vacancy.
1. The circular in which advertised and the length of advertisement are
determined by the Municipal Manager.
Erosenko, 21-030
Page 10
aa. The nature of the vacant position may influence the circular in which
the position is advertised and the length of time the advertisement is
run.
2. The advertisements routinely direct interested individuals to send a
resume/application/letter of interest to the Director of Human Resources by
a specified cut-off date.
aa. The cut-off date is not always strictly followed based on the
response received.
C. Reviewing of resumes, applications, etc., by the Municipal Manager and the
Director of Human Resources to identify interview candidates.
l . Depending on the position vacancy, the applicable department head may
also be included in the review; however, the decision on who to interview
primarily lies with the Municipal Manager and the Director of Human
Resources.
d. Conducting interviews of select candidates by the Municipal Manager, Director of
Human Resources, and possibly additional Municipal representatives depending on
the vacant position.
l . Efforts are made to conduct interviews of all the candidates on the same day
if possible.
aa. Each candidate interviewed is presented with the same set of
questions, with the interviewers taking turns presenting the
questions.
2. The number of rounds of interviews (first, second, etc.) to be incorporated
into the process may be dependent on the number of applicants, the position,
etc.
e. Selecting of the successful candidate by the Municipal Manager.
1. Individuals participating in candidate interviews routinely share their
assessment and opinions of the candidates among each other upon
completion of the interviews.
2. The Municipal Manager and the Director of Human Resources routinely
discuss the candidate interviews prior to the Municipal Manager's selection.
f. Issuing a letter of employment to the successful candidate.
Erosenko,21-030
Page 11
1. The letter of employment has an acknowledgement area which is to be
completed by the candidate and returned to the Municipality by a specific
date, either accepting or declining the position.
21. The Municipality maintains its administrative offices within a two-story building located
at 2700 Monroeville Boulevard, Monroeville, PA 15146.
a. The Municipality maintains multiple employees in its administrative offices who
serve in position classifications included within the clerical workers and emergency
telecommunication officers collective bargaining unit.
1. Full-time positions existing in the administrative offices include, among
others, a General Clerk II -- Receptionist/Switchboard ("Receptionist")
position as well as a Clerk lI -- Data Systems Operator ("DS Operator")
position.
22. In summer/early fall 2018, the Receptionist position was held by Derek Funyak ("Funyak")
and the DS Operator position was held by Patricia Barley ("Barley").
23. Barley submitted correspondence to Municipal Manager Timothy Little ("Little") in
August 2018, announcing an effective retirement date of January 4, 2019.
a. Barley had erroneously dated her correspondence as August 7, 2019, instead of
August 7, 2018.
1. Barley's notice of retirement letter bears a Municipal stamp documenting
the received date as August 7, 2018.
24. Per the existing clerical CBA, In -House Posting Memos dated October 15, 2018,
identifying the pending vacancy in the DS Operator position, were placed in Municipal
buildings,
a. The In -House Posting Memos detailed, among other information, the following
regarding the position:
I. A recruiting effort to fill the DS Operator position was in effect as of
Monday, October 15, 2018;
2. The position's inclusion within the Clerical — SEIU Local #668 CBA;
3. The start date for the position of January 2, 2019; and
4. The deadline of October 22, 2018, at 4:30 p.m. for submission of written
filings for the position to Joe Sedlak ("Sedlak"), Director of Human
Resources.
Froseizlco, 21-030
Page 12
25. Funyak subsequently submitted a written request to Sedlak dated October 17, 2018, for
consideration regarding the DS Operator position.
a. Funyak was the sole internal employee who filed a written request for consideration
for the DS Operator position.
26. Funyak was notified of his successful bid into the DS Operator position via correspondence
from Little dated November 2, 2018, which detailed an effective start date of January 2,
2019.
a. Funyak accepted the DS Operator position on November 2, 2018, via signing and
dating his employment offer letter.
27. Funyak was to continue to serve as the Receptionist at the front desk until his effective start
date in the DS Operator position.
a. Funyak was to obtain training for the DS Operator position from Barley when
possible until his effective start date.
b. Funyak's pending move into the DS Operator position created a pending vacancy
in the Receptionist position.
28. In compliance with the existing clerical CBA, In -House Posting Memos dated November
13, 2018, identifying the pending vacancy in the Receptionist position, were placed in
Municipal buildings.
a. The In -House Posting memos detailed, among other information, the following
regarding the position:
1. A recruiting effort to fill the Receptionist position was in effect as of
Tuesday, November 13, 2018;
2. The position's inclusion within the Clerical -- SEIU Local H668 CBA;
3. The start date for the position of January 2, 2019; and
4. The deadline of November 20, 2018, at 4:30 p.m. for submission of written
filings for the position to Sedlak.
b. November 13, 2018, was the date of a regularly scheduled legislative meeting of
Council.
29. Holly Eroscnko ("H. Erosenko") is Erosenko's spouse.
a. Erosenko and H. Erosenko reside and jointly own property at [redacted].
Erosenko, 21-030
Page 13
30. On November 13, 2018, approximately one hour prior to Council's regularly -scheduled
legislative meeting, Erosenko approached Little in Little's office in the Municipal building
and spoke to Little about the Receptionist position.
a. This was the same day the position was internally posted.
Erosenko informed Little that H. Erosenko was going to apply for the
Receptionist position if no existing/internal employees applied.
b. Little informed Erosenko that it placed him in an awkward position, it made the
administration look bad, and it gave the appearance of nepotism.
1. Little advised Erosenko to talk to Council about the situation.
31. No existing Municipal employees filed any written requests for consideration for the
Receptionist position as of the November 20, 2018, filing deadline.
a. The failure of any existing employees to express interest in the position permitted
the Municipality to advertise and/or to look outside for potential candidates.
32. Erosenko called Little prior to November 24, 2018, and informed Little that he (Erosenko)
had spoken to all of Council about H. Erosenko and the Receptionist position.
a. Erosenko informed Little that Council had no objections to H. Erosenko's
employment with the Municipality.
b. Erosenko informed Little that he intended to come to the Municipal building and
get an application for H. Erosenko.
33. Erosenko contacted Little a second time on or about November 24, 2018, and informed
Little that he (Erosenko) was coming to the Municipal building to submit H. Erosenko's
application for the Receptionist position.
a. During the communication, Erosenko questioned Little's comfort with the
situation.
b. Little informed Erosenko that H. Erosenko would participate in the interview
process like everybody else and would be hired for the position if she were the best
candidate.
34. Erosenko and Little continued to discuss the situation during which Erosenko again
asserted that Council had no objections to H. Erosenko's employment and questioned if
such did not make the situation "okay."
a. Little replied that Council's lack of objection did not make the situation okay.
Erosenko, 21-030
Page 14
b. Little informed Erosenko that per the HRC, Little was the individual who hired and
fired individuals.
1. Erosenko responded, "Well, doesn't Council hire you?"
35. Erosenko's response led Little to conclude that he may face repercussions in his position
as the Municipal Manager if H. Erosenko was not hired.
a. In response to Erosenko, Little stated that Council could fire him if they wanted to
and that he (Little) was doing his job.
b. Erosenko ended the conversation by stating that he (Erosenko) would not be talking
to Little about the situation any further.
36. On November 26, 2018, Council Members Linda Gaydos ("Gaydos") and Ron Harvey
("Harvey"), Department Head for Community Development, Building and Engineering,
and Public Works Paul Hugus ("Hugus"), Assistant Public Works Superintendent Jamie
Storey ("Storey"), Solicitor Robert Wratcher, and Little attended a Municipal Separate
Storm Sewer System ("MS4") meeting at the Municipal fire Training Center.
a. As the MS4 meeting was breaking up, Gaydos and Harvey requested that Little
remain behind.
1. After Hugus and Storey left, Gaydos and Harvey informed Little that they
wanted to speak to him about H. Erosenko and questioned why Little would
not "do this" for Erosenko.
2. Little informed Gaydos and Harvey that H. Erosenko would go through the
interview process like anybody else.
aa. Gaydos responded to Little that he was too academic and that Little
would not have survived the "old school" Monroeville.
bb. Harvey asserted to Little that the position was just a receptionist
position and not a director position.
3. Harvey and Gaydos indicated that they knew Little had spoken with
Erosenko about H. Erosenko's intention to apply for the position.
a. Little stated that he was just doing his j ob.
b. Gaydos responded to Little's statement by saying to Little, "Do you
want to be fired ... do you?"
b. As of November 26, 2018, the vacant Receptionist position had not yet been
publicly advertised in an area circular or on the Municipal website.
Erosenko,21-030
Page 15
37. Correspondence dated November 28, 2018, was provided to Diana Roberts, Pittsburgh
Tribune Review — Classified Advertising Department, on Municipal letterhead via email
regarding the advertisement for the Receptionist position to be advertised in the
Monroeville Times Express.
a. The correspondence requested that the attached advertisement be published on
December 6, 2018, in the Monroeville Times Express in the Recruitment/Classified
Section as detailed below:
Municipality of Monroeville
Front Desk Receptionist/Clerk
The Municipality of Monroeville is accepting resumes for the
position of Front Desk Receptionist/Clerk. Candidates shall have a
minimum two (2) years' experience in the local government
administrative field. The requirements are a high school degree and
knowledge in clerical work and computer operation. The main
priority of the position is assisting the Finance Department in various
accounting tasks and front desk receptionist clerical duties. There is a
residency requirement within one (1) year from date of hire.
Deadline for submissions is December 14, 2018. Please email resume
to sedlaiamonroeville.pa,us or submit same to:
Municipality of Monroeville
Front Desk Receptionist/Clerk
Attn: Joe Sedlak, Director of Human Resources
2700 Monroeville Boulevard
Monroeville, PA 15146
Equal Opportunity Municipality
38. The advertisement for the Receptionist position was published in the Monroeville Times
Express on December 6, 2018, for a one -day run period.
a. The Monroeville Times Express is published once per week.
39. Erosenko hand -delivered H. Erosenko's documentation for the Receptionist position to the
Municipal building on or about December 6, 2018.
a. H. Erosenko's documentation included an undated resume, a cover letter dated
December 3, 2018, and an application for employment signed and dated December
6, 2018.
Erosenko, 21-030
Page 16
1. H. Erosenko's cover letter was dated three days prior to the public
advertisement for the Receptionist vacancy in the Monroeville Times
Express.
2. H. Erosenko's application for employment was dated the same day that the
advertisement for the Receptionist vacancy was published in the
Monroeville Times Express.
40. A total of four individuals submitted applications, resumes, and/or cover letters to the
Municipality for the Receptionist position: Kathleen Tucek ("Tueek"), H. Erosenko,
Mindy Hooper ("Hooper"), and .lose Portillo ("Portillo").
a. H. Erosenlo's application was dated December 6, 2018.
1. December 6, 2018, was the first day that the position was posted
externally.
2. H. Erosenko's cover letter was dated December 3, 2018.
41. All four individuals who submitted applications, cover letters, and/or resumes were
ultimately scheduled for interviews for the Receptionist position.
a. Of the four initial candidates, H. Erosenko was the only candidate who did not have
the required two -years minimum experience in the local government administrative
field.
1. H. Erosenko's application, resume, and cover letter did not identify H.
Erosenko as having any local government administrative work experience.
b. Of the four candidates, only H. Erosenko, Hooper, and Portillo were ultimately
interviewed for the Receptionist position.
1. Tucek voluntarily canceled her interview for the position.
42. Interviews for the Receptionist position were ultimately conducted by Little and Sedlak
over the dates of January 7, 2019, and January 8, 2019.
a. Hooper and Portillo were interviewed on January 7, 2019.
b. H. Erosenko was interviewed on January 8, 2019.
C. The Receptionist position was the only vacant clerical position at the Municipal
building at the time of the interviews.
43. Of the three candidates interviewed, Hooper was identified in discussions between Little
and Sedlak as the best overall candidate for the position.
Erosenko, 21-030
Page 17
a. Hooper had approximately nineteen years' experience in working in the local
government administration field as detailed below:
1. Hooper had worked for the Borough of State College, State College,
Pennsylvania, for approximately fourteen and one-half years in positions of
Parking Office Clerk, Police Records Technician, and Ordinance
Enforcement Officer;
2. Hooper had worked for Prince George County, Prince George, Virginia, for
slightly less than three years as a Utilities Office Assistant; and
3. Hooper had worked for the Town of Gilbert, Gilbert, Arizona, for
approximately one and one-half years as a Customer Services Professional
in Developmental Services.
b. Hooper had experience and operating knowledge of MUNIS software which the
Municipality utilized at that time.
L MUNIS is designed to handle public sector needs including management of
financials, procurement, human resources, payroll, and revenues.
44. Although Hooper was identified as the best overall candidate, Little ultimately selected H.
Erosenko to fill the vacant Receptionist position.
a. At no time after her Receptionist interview was Hooper offered employment in the
Receptionist position.
b. Erosenko's contact and communications with Little regarding the Receptionist
position were influencing factors in Little's decision to hire H. Erosenko.
45. Little announced to Council in an executive session prior to Council's January &, 2019,
legislative meeting that he intended to hire H. Erosenko for the Receptionist position.
a. Little made the announcement to ensure that all of Council was aware of the
situation and to identify any questions or concerns of Council.
Little received no questions or comments from any Council Members
regarding his announcement.
46. Little formally offered H. Erosenko the Receptionist position via correspondence on
Municipal letterhead dated January 9, 2019.
a. The correspondence documented an effective start date of February 4, 2019, for the
position.
b. The correspondence documented a starting salary of $20.06 per hour with a six-
month probationary position.
Erosenko, 21-030
Page 18
1. H. Erosenko's starting salary was equivalent to 80% of the Receptionist rate
per mandates within the CBA.
C. The correspondence directed H. Erosenko to indicate her acceptance or denial of
the position by signing and returning a copy of the correspondence to the
Municipality before January 18, 2019.
1. H. Erosenko returned a copy of the correspondence to the Municipality,
signed and dated January 14, 2019, documenting her acceptance of the
position.
47. Funyak's employment with the Municipality was terminated on January 18, 2019, creating
a vacancy in the DS Operator position which Funyak had only recently filled.
a. The newly vacant DS Operator position was posted in-house on January 21, 2019,
with a filing deadline of January 25, 2019, per the requirements of the clerical CBA.
1. No existing employees filed any requests for consideration for the position.
48. Although no internal interest was expressed from existing employees, the vacant DS
Operator position was not publicly advertised in any area circular.
a. Little and Sedlak had both identified Hooper as a viable candidate for the DS
Operator position.
1. Sedlak contacted Hooper after Funyak's termination and inquired if she was
interested in the DS Operator position.
49. Little and Sedlak subsequently interviewed Hooper on January 30, 2019, for the then
vacant DS Operator position.
a. Little formally offered Hooper the DS Operator position via correspondence on
Municipal letterhead dated February 5, 2019.
1. The correspondence documented an effective start date of February 11,
2019, for the'position.
50. H. Erosenko began full-time employment with the Municipality in the Receptionist
position on February 4, 2019.
a. H. Erosenko continues to be employed by the Municipality in the Receptionist
position at the current time.
51. The CBAs between the Municipal clerical workers and emergency telecommunication
officers and the Municipality encompassing the terms of January 1, 2015, through
Erosenko, 21-030
Page 19
December 31, 2019, and January 1, 2020, through December 31, 2023, detail multiple
mandates for applicable employees including, in part, compensation to be provided.
a. Hourly rates of pay established within the January 1, 2015 — December 31, 2019
and the January 1, 2020 --- December 31, 2023 CBAs for the Receptionist position
are detailed below:
2019 2020 2021 2022 2023
$25.08 $25.83 $26.48 $27.27 $27.95
b. Mandates within the CBAs detailed that newly hired individuals were to receive
compensation at the following percentages of the established hourly contract rate
for their position:
First contract year of employment under the contract: 80%.
2. Second contract year of employment under the contract: 85%.
3. Third contract year of employment under the contract: 90%.
4. Fourth contract year of employment under the contract: 95%.
5. fifth contract year of employment under the contract: 100%.
52. H. Erosenko's starting salary in the Receptionist position was dictated by the clerical CBA
in effect for the January 1, 2015 — December 31, 2019 contract.
a. The rate of pay for the Receptionist position in 2019 per the CBA was $25.08 per
hour.
b. H. Erosenko's starting salary for the Receptionist position in 2019 was 80% of the
2019 rate of $25,08, equating to $20.06 per hour ($25.08 x 80% = $20.06).
53. H. Erosenko received/will receive annual salary increases in association with her
employment as the Receptionist per requirements set forth by the CBA dated January 1,
2020 — December 31, 2023 as detailed below:
Description Contract Years
2020 2021 2022 2023
Hourly rate per CBA $25.83 $26.48 $27.27 $27.95
Percentage Multiplier per CBA Year 85% 90% 95% 100%
H. Erosenko Hourly Rate per CBA $21.96 $23.84 $25.92 $27.95
54. Erosenko and H. Erosenko maintain multiple checking accounts at PNC Bank including
Account No. [redacted] ("the Account").
a. The Account is a joint checking account in the names of Erosenko and H. Erosenko.
Erosenko, 21-03 0
Page 20
The Account was opened as a new joint checking account on January 15,
2014.
aa. Both Erosenko and H. Erosenko are authorized signatories on the
account.
55. H. Erosenko was compensated by the Municipality for her employment as the Receptionist
for the period of February 4, 2019, through November 11, 2022, via 98 separate payments
in the minimum amount of $179,459.04 (gross).
a. All payments issued to H. Erosenko by the Municipality were deposited into the
Account.
56. H. Erosenko will continue to receive payments every two weeks from the Municipality for
her service as the Receptionist until H. Erosenko is no longer employed in the position.
a. H. Erosenko will continue to receive annual increases in her hourly rate of pay in
the Receptionist position dependent upon the CBAs in effect for the remainder of
her tenure/employment.
b. H. Erosenko's additional compensation received in the Receptionist position will
be determinate upon the length of time of her continued employment with the
Municipality and her hourly wage increases set by applicable CBAs.
57. Erosenko was present at legislative meetings of Council spanning the time frame of
February 2019 through December 2021 and participated in actions of Council approving
payroll reports which documented compensation to H. Erosenko as the Receptionist.
a. Erosenko participated in 28 of 34 votes of Council to approve payroll reports on
which H. Erosenko was documented as receiving a total of $105,190.70 in
compensation in the Receptionist position.
Erosenko was absent from the April 19, 2019; July 14, 2020; November 10,
2020; September 14, 2021; and November 9, 2021, meetings.
2. Erosenko arrived after the vote to approve payroll at the August 10, 2021,
meeting.
58. The entire $179,459.04 received by H. Erosenko from February 2019 through September
2022 for service as the Receptionist was deposited into the Erosenkos' joint checking
account at PNC Bank.
a. Both Erosenko and H. Erosenko had continual access to and signature authority
over the Account at all times from February 4, 2019, through November 11, 2022.
Erosenko, 21-03 0
Page 21
b. Only one authorized signatory was required for the withdrawal of funds from the
account.
59. The CBAs between the Municipal clerical workers and emergency telecommunication
officers and the Municipality encompassing the terms of January 1, 2015, through
December 31, 2019, and January 1, 2020, through December 31, 2023, detail multiple
benefits available to employees including, in part, Municipality -provided insurance
coverage.
a. Full-time employees are eligible for insurance coverage through the Municipality
including hospitalization (medical) insurance, vision insurance, and dental
insurance (collectively referred to as health insurance) as well as life insurance.
1, As of January 1, 2019, the monthly individual cost to enrollees for their
portion of the health insurance premium equated to 10% of the total cost of
the individual health insurance plans selected.
aa. The Municipality automatically deducts the 10% in equal 5%
amounts from the first two payrolls issued each month.
2. The 10% employee contribution amount remained static throughout the
January 2020 — December 2023 CBA.
60. The Municipal Employers Insurance Trust ("MEIT") was established in 1968 to provide
comprehensive employee benefits programs and related administrative services to
municipalities, authorities, and councils of government in the Commonwealth of
Pennsylvania.
a. MEIT now operates (d/b/a) Municipal Benefits Services (the "Trust")
1. The Trust's mission is to provide valuable and cost-effective employee
benefit programs and related administrative services to local governments
through cooperative purchasing with a focus on risk management strategies.
aa. Third -party administrative services for the Trust are provided by
Mockenhaupt Benefits Group which sub -contracts with CW
Breitsman Associates, LLC, for invoicing member entities among
other services.
i. Mockenhaupt Benefits Group provides pension and health
and welfare consulting as well as actuarial services to
municipal employee benefit plans in Pennsylvania.
ii. CW Breitsman Associates, LLC is an independent, full -
service, third -party firm that provides professional
administrative services to qualified Group Benefit Plans for
lroseiiko, 21-03 0
Page 22
Multi -Employer, Single Employer, VEBA's Public, and
Governmental Plans.
b. The Municipality has obtained its medical and dental group health insurance
through the Trust at all times from at least January 1, 2019, through the present.
1. The Municipality obtains vision group insurance coverage direct from its
vision insurance vendor.
61. Eligible Municipal employees have had the opportunity to enroll in various medical
insurance plans from Highmark Blue Cross Blue Shield or UPMC through the Trust at all
times from at least January 1, 2019, through the present.
a. The type/level of coverage selected (individual, parent/child or parent/children, two
persons, or family) determines the total monthly premium due for each employee's
medical insurance plan.
1. Monthly premium costs to the Municipality per employee for medical
coverage for the type of plans offered from at least January 1, 2019, through
the present were as follows:
Calendar Year
Individual
Parent Child / Children
Two Persons
Family
2019
$716.99
$1,720.78
$1,935.87
$2,222.67
2020
$745.67
$1,789.61
$2,013.30
$2,311.58
2021
$749.40
$1,798.56
$2,023.37
$2,323.14
2022
$738.16
$1,771,58
$1,993.02
$2,288.29
b. Monthly premiums due were the same between Highmark
and UPMC for
the plan
types identified.
62. The Municipality has offered its employees dental and vision insurance coverage from
United Concordia (through the Trust) and Vision Benefits of America ("VBA"),
respectively, at all times from at least January 1, 2019, through the present.
a. The type/level of coverage selected (individual or family) mandates the total
monthly premium due for each employee's dental and/or insurance plan.
Monthly premium costs to the Municipality per employee for dental
coverage for individual and family plans from at least January 1, 2019,
through the present were as follows:
Calendar Year
Individual Monthly Premium
Family Monthly
Premium
2019
$31.92
$97.02
2020
$33.16
$100.86
2021
$33,16
$100.86
2022
$32.21
$99.91
Erosenko, 21-030
Page 23
2. Monthly premium costs to the Municipality for vision coverage for
individual and family plans from at least January 1, 2019, through the
present were as follows:
Calendar Year Individual Monthly Premium Family Monthly Premium
Regular
Enhanced
Regular
Enhanced
2019
$5.20
$7.45
$12.88
$18.20
2020
$5.20
$7.45
$12.88
$18.20
2021
$5.20
$7.45
$12.88
$18.20
2022
$5.20
$7.45
$12.88
$18.20
63. The Municipality issues monthly payments from its General Fund for premiums due for
employee medical and dental insurance plans (payable to RBS Citizens) and vision
insurance plans (payable to VBA).
a. Payments issued to the Trust from the Municipality for medical and dental
insurance premiums due are made to an electronic lockbox in the name of RBS
Citizens,
64. The monthly premium amounts due from the Municipality for each of the group insurance
payments are documented within the list of bills presented to Council for approval at its
monthly legislative meetings.
a. Payments to RBS Citizens are currently made via Automated Clearing House
("ACH") transfer from the Municipality's General Fund.
l . Payments were made by check until approximately June 2020.
b. Payments to VBA are made via check from the Municipality's General Fund.
65. H. Erosenko was eligible to receive health insurance benefits upon her employment in the
Receptionist position.
a. The Municipality has no waiting period regarding enrollment eligibility.
66. Although eligible, H. Erosenko did not enroll in Municipality -provided medical, dental, or
vision insurance plans upon obtaining full-time employment with the Municipality.
a. Erosenko and H. Erosenko received health insurance benefits through Erosenko's
prior employer in 2019.
b. H. Erosenko opted to participate in the health benefit rebate program in 2019 as
documented in the January 2015 — December 2019 CBA.
67. Per Section 11: Insurance and Other Benefits, Sub -section 11.3, H. Erosenko received a
monthly health benefit rebate totaling $2,749.99 for the period of February 2019 through
November 2019 for declining to enroll in Municipality -provided health insurance plans:
Erosenko,21-030
Page 24
Check Date
Check Number
Amount (Grossi
Arnot►nt (Net)
Disposition
02/22/19
1075844
$333.33
$269.04
Deposit
03/22/19
1076229
$333.33
$269.04
Deposit
04/19/19
1076620
$333,33
$269.04
Deposit
05/17/19
1077001
$250.00
$205.41
Deposit
06/28/19
1077604
$250.00
$205.41
Deposit
07/26/19
1078080
$250.00
$205.41
Deposit
08/23/19
1078556
$250.00
$205.41
Deposit
09/20/19
1078999
$250.00
$205.41
Deposit
10/18/19
1079397
$250.00
$205.41
Deposit
11/15/19
1079792
$250.00
$205.41
Deposit
Total
$2 749.99
$2,244.99
a. The monthly health benefit rebate was issued via direct deposit to the Account.
68. As of or about early November 2019, Erosenko and H. Erosenko opted to unenroll from
health insurance benefit coverage through Erosenko's prior employer and enroll in health
insurance benefits offered by the Municipality.
a. Erosenko and H. Erosenko chose to abandon health insurance benefits supplied by
Erosenko's prior employer and enroll in the Municipality's health insurance
benefits as a cost savings measure.
69. H. Erosenlo subsequently completed an MBS Member Enrollment/Change For1n dated
November 6, 2019, documenting her pending enrollment in Municipality -provided health
insurance benefits.
a. November 6, 2019, was within the Municipality's open enrollment period.
b. H. Erosenko chose enrollment for Employee/Spouse coverage.
1. Erosenko was identified on the form as H. Erosenko's spouse.
C. Erosenko's and H. Erosenko's effective date of coverage was January 1, 2020.
70. H. Erosenko maintained Employee/Spouse health insurance benefits for herself and
Erosenko at all times from January 2020 through the present by means of her Municipal
employment as follows:
Calendar
Monthly Premiums Due
Total
H. Erosenko Monthly
Monthly Municipal
Year
Medical*
Dental',
Vision ---
Premiums
Contribution Amount
Responsibility
2020
$2,013.30
$100.86
$18,20
$2,132.36
$213.24
$1,919.12
2021
$2,023,37
$100.86
$18.20
$2,142.43
$214.24
$1,928,19
2022
$1,993.02
$99.91
$18,20
$2111.13
$211.11
$1,900.02
Key: * Employee and spouse plan: PP01500Q UPMC
^ Family Plan: United Concordia
--Vision Plan: VBA Family Plan
a. Erosenko has been included on H. Erosenko's health insurance benefits through the
Municipality at all times from at least January 2020 through the present.
Erosenko, 21-030
Page 25
71. The monthly 10% employee contribution required towards the total cost of H. Erosenko's
health insurance benefits premiums was automatically deducted from H. Erosenko's
Municipal salary in the approximate total amount of $7,343.22 from January 1, 2020,
through November 11, 2022, as identified below:
Description
Calendar Year 2020
Calendar Year 2021
Calendar Year 2022*
Medical insurance
$2,416.08
$2,425.04
$2,092.65
Dental insurance
$120.96
$120.91
$104.79
Vision insurance
$21.84
$21.84
$19.11
Total
$2,558.88
$2 567.79
$2,216.55
*Through first pay period in Novenber 2022
72. The Municipality issued separate monthly payments from its General Fund to the Trust and
to VBA for employee health insurance benefit premiums due from January 2020 through
September 2022:
a. The estimated monthly amounts due for all health insurance premiums including,
among others, medical/hospitalization, dental, and vision are documented on a
monthly health insurance bill list.
1. The monthly health insurance bill list is included within the financial reports
provided to Council Members for review in their meeting packets.
2. The monthly health insurance bill list is effectively approved at Council's
legislative meeting by the same vote which approves the list of bills.
73. Payment due the Trust regarding medical and dental insurance premiums for covered
Municipal employees for the period of January 1, 2020, through November 11, 2022, was
documented on monthly Trust invoices and health care bill lists.
a. The cost to the Municipality for H. Erosenko's Employee/Spouse medical and
dental insurance plans totaled approximately $66,494.64.
1. Premiums due the Trust were paid via check from the Municipality's
General Fund from January 2020 through May 2020 and via ACH transfer
from the Municipality's General Fund from June 2020 into November 2022,
74, Payment due VBA regarding vision premiums for covered Municipal employees for the
period of January 1, 2020, through November 11, 2022, was documented on monthly VBA
invoices and health care bill lists.
a. The cost to the Municipality for H. Erosenko's Employce/Spouse vision insurance
plans totaled approximately $573,30.
Erosenko, 21-030
Page 26
Premiums due VBA were paid via check from the Municipality's General
Fund.
75. Erosenko was present at legislative meetings of Council spanning the time frame of
February 2020 through December 2021 and participated in actions of Council approving
bill lists/health care bill lists in which health care insurance premiums for himself and H.
Erosenko were included as follows:
Meeting
Rrosenko
Fill List
Final
Vote Approved
Irate
Present
Action
Vote
Health Care Bill List Dated
02/11/20
Present
Motion / Yes vote
Unanimous
01/01/20
03/10/20
Present
Yes vote
Unanimous
02/01/20
04/14/20
Present
Motion / Yes vote
Unanimous
03/01/20
05/12/20
Present
Motion / Yes vote
Unanimous
04/01/20
06/09/20
Present
Yes vote
Unanimous
05/01/20
07/14/20
Absent
NIA
NIA
06/01/20
08/11/20
Present
Motion / Yes vote
Unanimous
07/01/20
09/08/20
Present
Motion / Yes vote
5 -- 0*
08/01/20
10/13/20
Present
Motion / Yes vote
Unanimous
09/01/20
11/10/20
Absent
NIA
NIA
10/01/20
12/08/20
Present
Second / Yes vote
Unanimous
11/01/20
01/12/21
Present
Motion / Yes vote
Unanimous
12/01/20
02/09/21
Present
Yes Vote
Unanimous
01/01/21
03/09/21
Present
Motion / Yes vote
Unanimous
02/01/21
04/13/21
Present
Second / Yes vote
Unanimous
03/01/21
05/11/21
Present
Yes Vote
Unanimous
04/01/21
06/08/21
Present
Yes Vote
Unanimous
05/01/21
07/13/21
Present
Yes Vote
Carried",
06/01/21
08/10/21
Late arrival
N/A
NIA
07/01/21
09/14/21
Absent
N/A
N/A
08/01/21
10/12/21
Present
Yes vote
Unanimous
09/01/21
11/09/21
Absent
N/A
NIA
10/01/21
12/14/21
Present
Second / Yes vote
Unanimous
11/01/21
*One Member absent for meeting; one Member absent for vote
^Minutes note the motion carried but does indicate a roll call or unanimous vote; no abstentions or no votes noted
a. Erosenko participated in 18 of 23 votes of Council to approve bill lists/health care
bill lists in which health care insurance premiums for himself and H. Erosenko were
included.
Erosenko was absent from the April 19, 2019; July 14, 2020; November 10,
2020; September 14, 2021; and November 9, 2021, meetings.
2. Erosenko arrived after the vote to approve the bill list/health care bill list at
the August 10, 2021, meeting.
76. The Municipality issued payment to the Trust and VBA for Erosenko's and H. Erosenlco's
health insurance benefits in the approximate total amount of $67,067.82 for the period of
January 2020 through November 2022.
Erosenko,21-030
Page 27
77. Erosenko and H. Erosenko will continue to receive health insurance benefits from the
Municipality each month until H. Erosenko retires, resigns, is removed from her Municipal
employment, or chooses to opt -out of the Municipal health care benefits program.
a. Opting -out of the Municipal health care benefits program will enable H. Erosenko
to reenroll in the Municipal health care rebate program and receive monthly
payments from the Municipality.
b. The value of health care benefits the Erosenkos may receive and/or the payments
associated with the health care rebate program are dependent upon H. Erosenko's
tenure as a Municipal employee.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT EROSENKO
FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS WHEN HE FAILED
TO INCLUDE THE NAME OF THE GOVERNMENTAL ENTITY OF WHICH HE IS A
MEMBER ON STATEMENTS OF FINANCIAL INTERESTS FILED FOR CALENDAR
YEARS 2016 THROUGH 2O20; WHEN HE FAILED TO DISCLOSE ALL
DIRECTANDIRECT SOURCES OF INCOME ON STATEMENTS OF FINANCIAL
INTERESTS FILED FOR CALENDAR YEARS 2016 THROUGH 2O20; AND WHEN HE
FAILED TO INCLUDE HIS EMPLOYMENT WITH A BUSINESS ENTITY ON HIS 2016
CALENDAR YEAR STATEMENT OF FINANCIAL INTERESTS.
78. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the State Ethics Act.
a. Section 1104(a) reads, in part, 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."
79. Erosenko was required to file SFIs by May I" annually for calendar years 2016 through
2020 in his position as an elected official for the Municipality.
a. Erosenko served as the Mayor in 2016 and 2017.
b. Erosenko served as a Council Member from January 2018 to January 2022.
80. 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.
Erosenko, 21-030
Page 28
b. Section 1105(b), Subsections 1-10 identify specific information to be disclosed as
well as exceptions to disclosure requirements when applicable.
1. Section 1105(b)(5) mandates disclosure of, in part, the name and address of
any direct or indirect source of income totaling in the aggregate $1,300 or
more on SFIs filed.
2. Section 1105(b)(8) mandates the disclosure of any office, directorship, or
employment of any nature whatsoever in any business entity.
81. Erosenko filed SFIs with the Municipality for calendar years 2016 through 2020 as follows:
Submission Date For Calendar Year
March 2, 2017
2016
May 1, 2018
2017
April 4, 2019
2018
April 28, 2020
2019
May 1, 2021
2020
"based on "Received" stamp date on forms
82. Erosenko failed to properly complete Section 5, Governmental Entity, on his SFIs filed for
calendar years 2016 through 2020.
a. Section 5, Governmental Entity, of Erosenko's SFIs for calendar years 2016
through 2019 identified the following:
2016: Chairman Southeast Tax District
2017: Chairman Southeast Tax District
Is' VP ACBA
2018: Chairman Southeast Tax District
President ACBA
2019: Chairman Southeast Tax District
Board member ACBA and PSBA
1. Erosenko's governmental entity during the 2016 through 2019 calendar
years was the Municipality of Monroeville.
b. Section 5, Governmental Entity, of Erosenko's 2020 calendar year SFI was blank.
1. Erosenko's governmental entity during the 2020 calendar year was the
Municipality of Monroeville.
83. Erosenko failed to disclose income received from the Municipality in association with his
service as a Member of Council in Section 10, Direct or Indirect Sources of Income, on his
SFIs filed for calendar years 2016 through 2020.
Erosenko,21-030
Page 29
a. Section 10, Direct or Indirect Sources of Income, of Erosenko's SFIs for calendar
years 2016 through 2020 identified the following:
2016:
Forza Group
2017:
None
2018:
Allegheny County Parks
2019:
Allegheny County Parks
2020
None
b. Erosenko received compensation from the Municipality in the total amount of
$6,300.00 (gross) during calendar years 2016 and 2017.
1. Erosenko received $375.00 monthly from the Municipality for his service
as the Mayor ($375.00 x 12 = $4,500.00).
2. Erosenko received $150.00 monthly from the Municipality for his use of
personal telecommunication devices for Municipal business and/or the
benefit of the Municipality ($150.00 x 12 = $1,800.00).
C. Erosenko received compensation from the Municipality in the total amount of
$4,800,00 (gross) each year from 2018 through 2021.
1. Erosenko received $250.00 monthly from the Municipality for his service
as a Member of Council ($250.00 x 12 = $3,000.00).
2. Erosenko received $150.00 monthly from the Municipality for his use of
personal telecommunication devices for Municipal business and/or the
benefit of the Municipality ($150.00 x 12 = $1,800.00).
III. DISCUSSION:
As a Member of Council for the Municipality of Monroeville ("the Municipality"),
Allegheny County, Pennsylvania, from January 2, 2018, to January 3, 2022, Respondent Greg
Erosenko ("Erosenko") was a public official subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sere ..
The allegations are that Erosenko violated Sections 1103(a), 1105(a), 1105(b)(5), and
1105(b)(8) of the Ethics Act:
(1) When he used the authority of his public position for the private pecuniary benefit
of himself and/or a member of his immediate family by participating in actions and
discussions with the Municipal Manager of the Municipality resulting in the
Municipal Manager hiring his wife;
Erosenko, 21-030
Page 30
(2) When he failed to file all required information on his Statements of Financial
Interests for calendar years 2016 through 2020 by failing to include the name of the
governmental entity of which he is a member;
(3) When he failed to file all required information on his Statements of
Financial Interests for calendar years 2016 through 2020 by failing to
disclose all direct/indirect sources of income; and
(4) When he failed to file all required information on his Statement of Financial
Interests for calendar year 2016 by failing to include his employment with a
business entity.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegations regarding Erosenko's Statements of Financial Interests. We
therefore need not address those allegations.
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 following terms relevant to Section 1103(a) are defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
"Immediate family." A parent, spouse, child, brother or
sister.
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Page 31
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited from using the authority of public office/employment or
confidential information received by holding such a public position for the private pecuniary
benefit of the public official/public employee himself, any member of his immediate family, or a
business with which he or a member of his immediate family is associated. A spouse is a member
of"immediate family" as the Ethics Act defines that term. 65 Pa.C.S. § 1102.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
Erosenko served as a Member of Council for the Municipality ("Council") from January
2, 2018, to January 3, 2022. Erosenko previously served as the Mayor of the Municipality from
January d, 2010, to January 2, 2018.
The Municipality operates under a Home Rule Charter ("HRC") system of government
consisting of a seven -Member Council and a Mayor. The Municipality's HRC provides for the
position of a Municipal Manager who is appointed by Council and responsible to Council. The
Municipal Manager may be removed by Council at any time, with or without cause, by ordinance
by majority vote. The Municipal Manager's powers and duties include appointing, suspending, or
removing Municipal employees.
Multiple Municipal employees are employed in position classifications which are
represented by specific collective bargaining units or unions. In pertinent part, Municipal clerical
employees and emergency telecommunication officers are collectively represented by PSSU Local
#668, SEIU AFL-CIO, CLC. The Collective Bargaining Agreement ("CBA") maintained between
the Municipality and Municipal clerical employees and emergency telecommunication officers
establishes a standard for wages and other conditions under which the union employees work for
the duration of the CBA.
Pursuant to the HRC and the CBA effective from January 1, 2015, through December 31,
2019, a vacancy in a union position was required to be internally posted for a minimum of five
workdays to allow existing union employees the opportunity to bid on the position. If no existing
union employees bid on the position, the position was to be advertised on the Municipal website
and in an area circular for outside interest. The Municipal Manager and the Municipality's
Director of Human Resources were to review applications, select candidates for interviews, and
conduct interviews. The Municipal Manager was responsible for selecting the successful candidate
for the position.
The Municipality has full-time positions in its administrative offices which are included
within the collective bargaining unit for the Municipality's clerical employees and emergency
telecommunication officers, including, in pertinent part, a General Clerk II —
Receptionist/Switchboard ("Receptionist") position. Due to a pending vacancy in the Receptionist
Erosenko, 21-030
Page 32
position effective January 2019, In -House Posting Memos dated November 13, 2018, were placed
in Municipal buildings. The In -House Posting Memos detailed a start date of January 2, 2019, for
the position and a deadline of November 20, 2018, for submitting a written bid or other request for
consideration for the position to the Municipality's Director of Human Resources.
Holly Erosenko ("H. Erosenko") is Erosenko's spouse. On November 13, 2018,
approximately one hour prior to Council's regularly -scheduled legislative meeting, Erosenko
approached Municipal Manager Timothy Little ("Little") in Little's office in the Municipal
building and informed Little that H. Erosenko was going to apply for the Receptionist position if
no existing/internal employees applied for it. Little informed Erosenko that it placed him in an
awkward position, it made the administration look bad, and it gave the appearance of nepotism,
and he advised Erosenko to talk to Council about the situation.
No Municipal employees filed a written request for consideration for the Receptionist
position as of the November 20, 2018, filing deadline, which permitted the Municipality to
advertise for potential candidates for the position. Prior to November 24, 2018, Erosenko informed
Little that he had spoken to all of Council about H. Erosenko and the Receptionist position and
that Council had no objections to H. Erosenko's employment with the Municipality.
On or about November 24, 2018, Erosenko contacted Little and informed Little that he was
coming to the Municipal building to submit H. Erosenko's application for the Receptionist
position. During their conversation, Erosenko questioned Little about his comfort with the
situation. Little told Erosenko that H. Erosenko would participate in the interview process like
everybody else and would be hired for the position if she was the best candidate. When Erosenko
again asserted that Council had no objections to H. Erosenko's employment and questioned if such
did not make the situation "okay," Little replied that Council's lack of objection did not make the
situation okay. After Little told Erosenko that per the HRC, Little was the individual who hired
and fired employees, Erosenko responded, "Well, doesn't Council hire you?" Erosenko's response
led Little to conclude that he might face repercussions in his position as the Municipal Manager if
H. Erosenko was not hired, and he told Erosenko that Council could fire him if they wanted to and
that he was doing his job. Erosenko ended the conversation by stating that he would not be talking
to Little about the situation any further.
On November 26, 2018, Little, Council Members Linda Gaydos ("Gaydos") and Ron
Harvey ("Harvey"), and other Municipal representatives attended a Municipal Separate Storm
Sewer System meeting at the Municipal Fire Training Center. After the meeting, Gaydos and
Harvey informed Little that they wanted to speak to him about H. Erosenko. Gaydos and Harvey
indicated that they knew Little had spoken with Erosenko about H. Erosenko's intention to apply
for the Receptionist position, and they questioned why Little would not "do this" for Erosenko.
When Little informed Gaydos and Harvey that H. Erosenko. would go through the interview
process like anybody else, Gaydos told Little that he was too academic and that he would not have
survived the "old school" Monroeville, and Harvey asserted that the position was just a receptionist
position and not a director position. After Little stated that he was just doing his job, Gaydos said
to Little, "Do you want to be fired ... do you?"
On December 6, 2018, an advertisement for the Receptionist position was published in the
Monroeville Times Express, seeking candidates with a minimum of two years of experience in the
Erosenko,21-030
Page 33
local government administrative field. Three individuals, including H. Erosenko, applied and were
interviewed for the position. H. Erosenko was the only candidate who did not have the required
experience in the local government administrative field. The interviews were conducted by Little
and the Municipality's Human Resources Director. Although one of the interviewees, Mindy
Hooper, had approximately nineteen years of experience working in the local government
administrative field and was identified by Little and the Municipality's Human Resources Director
as the best overall candidate for the position, Little ultimately selected H. Erosenko to fill the
position. Erosenlo's contact and communications with Little regarding the position were
influencing factors in Little's decision to hire H. Erosenko.
In an executive session prior to Council's January 8, 2019, meeting, Little announced that
he intended to hire H. Erosenko for the Receptionist position. Little made the announcement to
ensure that Council was aware of the situation and to identify any questions or concerns of Council.
Little received no questions or comments from any Council Members regarding his announcement.
Little formally offered H. Erosenko the Receptionist position via correspondence, and she
began full-time employment in the Receptionist position on February 4, 2019, at the starting salary
of $20.06 per hour. From February 4, 2019, through November 11, 2022, the Municipality paid
H. Erosenko a minimum of $179,459.04 for her employment as the Receptionist.
In 2019, Eroskeno and H. Erosenko received health insurance benefits through his previous
employer. Although H. Erosenko was eligible to enroll in Municipality -provided medical, dental,
and vision insurance plans upon beginning full-time employment with the Municipality, she
initially opted to participate in a program that provided a health benefit rebate for declining to
enroll in the Municipality -provided insurance plans. As of early November 2019, Erosenko and
H. Erosenko opted to unenroll from health insurance benefits provided through Erosenko's
previous employer and enroll for employee/spouse coverage through the insurance plans offered
by the Municipality. From February 2019 through November 2019, H. Erosenko received a health
benefit rebate totaling $2,749.99 for declining to enroll in the Municipality -provided insurance
plans. From January 1, 2020, through November 11, 2022, the Municipality paid a total of
approximately $67,067.82 for H. Erosenko's employee/spouse medical, dental, and vision
insurance benefits.
Having highlighted the Stipulated Findings and issues before us, we shall now apply the
Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations as
follows:
The Investigative Division will recommend the following in relation
to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Erosenko used the authority
of his public position for the private pecuniary
benefit of himself and/or a member of his immediate
Erosenko, 21-030
Page 34
family by participating in actions and discussions
with the Municipal Manager, resulting in his wife
getting hired by the Municipal Manager.
b. The remaining allegations be nolle prossed.
4. Erosenko agrees to make payment in the amount of $2,500.00
payable to the Municipality of Monroeville in settlement of this
matter and which shall be forwarded to the Pennsylvania State
Ethics Commission within thirty (30) days of the issuance of the
final adjudication in this matter.
5. Erosenko agrees to file complete and accurate amended Statements
of financial Interests with the Municipality of Monroeville, through
the Pennsylvania State Ethics Commission, for calendar years 2016
through 2020 within thirty (30) days of the issuance of the final
adjudication in this matter.
6. Erosenko agrees to not accept any reimbursement, compensation or
other payment from the Municipality of Monroeville representing a
full or partial reimbursement of the amount paid in settlement of this
matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Respondent's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who
may so choose to review this matter further.
a. Respondent has been advised that as a matter of
course, all orders from the Commission are provided
to the Attorney General, albeit without any specific
recommendations pursuant to paragraph 7 above.
b. Respondent has been advised that all orders become
public records and may be acted upon by law
enforcement as they deem appropriate.
c. The non -referral language contained in this
paragraph is considered an essential part of the
negotiated consent agreement.
Consent A reement, at 1-2.
Erosenko, 21-030
Page 35
We accept the recommendation of the parties for a finding of a violation of Section 1103(a)
of the Ethics Act. The Consent Agreement reflects the parties' agreement that the elements of a
use of the authority of office for a private pecuniary benefit have been established. It is clear that
but for being a Member of Council, Erosenko would not have been in a position to engage in
discussions with the Municipal Manager, Little, about H. Erosenko and the Receptionist position
which influenced Little to hire H. Erosenko for the Receptionist position.
Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of
Section 1103(a) of the Ethics Act, 65 Pa.C,S. § 1103(a), occurred when Erosenko used the
authority of his public position for the private pecuniary benefit of himself and/or a member of his
immediate family by participating in actions and discussions with the Municipal Manager,
resulting in his wife getting hired by the Municipal Manager.
As part of the Consent Agreement, Erosenko has agreed: (1) to make payment in the
amount of $2,500.00 payable to the Municipality and forwarded to this Commission within thirty
(30) days of the issuance of the final adjudication in this matter; (2) to not accept any
reimbursement, compensation or other payment from the Municipality representing a full or partial
reimbursement of the amount paid in settlement of this matter; and (3) to file complete and accurate
amended Statements of Financial Interests for calendar years 2016 through 2020 with the
Municipality, through this Commission, within thirty (30) days of the issuance of the final
adjudication in this matter.
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Erosenko file complete and accurate amended Statements of Financial
Interests for calendar years 2016 through 2020, notwithstanding the nolle pros as to the allegations
pertaining to his Statements of Financial Interests.
Accordingly, per the Consent Agreement of the parties, Erosenko is directed to make
payment in the amount of $2,500.00 payable to the Municipality of Monroeville and forwarded to
this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication
and Order.
Erosenko is directed to not accept any reimbursement, compensation or other payment
from the Municipality representing a full or partial reimbursement of the amount paid in settlement
of this matter.
To the extent he has not already done so, Erosenko is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2016 through 2020 with the
Municipality, through this Commission, by no later than the thirtieth (30th) day after the mailing
date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
Erosenko,21-030
Page 36
1. As a Member of Council for the Municipality of Monroeville, Allegheny County,
Pennsylvania, from January 2, 2018, to January 3, 2022, Respondent Greg Erosenko
("Erosenko") was a public official subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et serf.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Erosenko used the authority of his public position for the private pecuniary benefit of
himself and/or a member of his immediate family by participating in actions and
discussions with the Municipal Manager, resulting in his wife getting hired by the
Municipal Manager.
In Re: Greg Erosenko,
Respondent
File Docket:
21-030
Date Decided:
10/4/23
Date Mailed:
10/6/23
ORDER NO, 1823
1. A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when Greg Erosenko ("Eroscnko"), as a Member of
Council for the Municipality of Monroeville, Allegheny County, Pennsylvania, used the
authority of his public position for the private pecuniary benefit of himself and/or a member
of his immediate family by participating in actions and discussions with the Municipal
Manager, resulting in his wife getting hired by the Municipal Manager.
2. Per the Consent Agreement of the parties, Erosenko is directed to make payment in the
amount of $2,500.00 payable to the Municipality of Monroeville and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (301i) day after the
mailing date of this Order.
3. Erosenko is directed to not accept any reimbursement, compensation or other payment
from the Municipality of Monroeville representing a full or partial reimbursement of the
amount paid in settlement of this matter.
4. To the extent he has not already done so, Erosenko is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2016 through 2020 with the
Municipality of Monroeville, through this Commission, by no later than the thirtieth (30")
day after the mailing date of this Order.
Compliance with paragraphs 2, 3, and 4 of this Order will result in the closing of this case
with no further action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
. 8�,/
Michael A. Schwartz, Chair