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In Re: Ronald Harvey
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NOIRTI-I STREET ROOM 309
I,IARRISBURG, IDA 17120-0400
File Docket:
Order No,
Date Decided:
Date Mailed:
2 1 -029
1822
10/4/23
10/6123
Before: 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
FACSIME: 717-787-0806
WEBSITE: w e [ftqp ww� @agy
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 seq., by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to
the Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order. The Consent Agreement has been approved,
I. ALLEGATIONS:
That Ronald Harvey, a public official/public employee in his capacity as a Member of
Council for the Municipality of Monroeville, Allegheny County, violated Sections 1103(a),
1105(a), and 1105(b)(5) 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 of
Council for the Municipality of Monroeville when he voted to approve the
nomination of a member of his immediate family for a paid position on the
Monroeville Municipal Authority Board; and
' Commissioner Robert P. Caruso recused himself fi-orn this matter and did not participate in the deliberations
involving this case.
Harvey, 21-029
Page 2
(2) When he failed to disclose the Municipality of Monroeville as a direct/indirect
source on income on Statements of Financial Interests filed for calendar years 2016,
2017, 2018, 2019, and 2020.
II. FINDINGS:
I. Ronald Harvey ("Harvey") served as a Member of Council for the Municipality of
Monroeville ("the Municipality"), Allegheny County, from January 6, 2014, to January 3,
2022.
2. 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. Council holds a regularly scheduled agenda meeting and a legislative meeting on
the first Tuesday and second Tuesday of each month, respectively.
b. 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.
C. 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.
d. Special meetings are held as needed.
3. 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.
1. Approval of the minutes as presented signifies that no corrections,
additions, or deletions are needed.
4. The agendas for Council's monthly meetings are developed/organized by the Municipal
Manager.
Harvey, 21-029
Page 3
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.
5. The complete meeting packet is routinely made available to Council Members at least one
day prior to the agenda meeting and the legislative meeting respectively for review.
a. The meeting packet is electronically uploaded by the Information Technology staff
to a secure website for Council and other Municipal representatives to access.
1. Routine items within the electronic meeting packet upload include, among
others: the meeting agenda; minutes of the prior month's meeting;
resolutions and/or ordinances to be passed; the list of bills; various reports
(including payroll); 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.
1. 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.
6. 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 compensation due via direct deposit.
7. The Municipality has operated under the Home Rule Charter ("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.
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.
H�a_r_v_e, 21-029
Page 4
9, Article XVIII of the HRC identifies boards, commissions, and authorities within the
Municipality as established by the Charter and authorizes the creation of others by Council
via ordinance to act in an advisory capacity or to perform special functions.
a. Section 1801 of the HRC mandates that members of Municipal boards,
commissions, and authorities be appointed by Council unless otherwise specified
in the HRC.
I. The HRC permits individual Members of Council and the Mayor to
nominate individuals for appointment to Municipal boards, commissions,
and authorities.
b. Section 1802 of the HRC establishes qualifications of members and term
restrictions.
C. Section 1803 of the HRC sets the term of office for members of all boards,
commissions, and authorities at no more than four years.
10. Article XVIII, Section 1804, of the HRC specifically addresses the subject of vacancies on
boards, commissions, and authorities and provides procedures for filling such as follows:
a. A vacancy on any board, commission, or authority is to be posted via social media
notice within the Municipality at least twenty-five days prior to nomination for
filling the vacancy;
b. Nominations for a vacancy on any board, commission, or authority are to be made
at a business (legislative) Council meeting;
1. The nominating official (Council Member or Mayor) is to publicly present
a resume of the nominee's qualifications to Council at the time of
nomination.
aa. The resume is to include a summary of the nominee's civic interests,
contributions, and special qualifications for the proposed
appointment.
C. Nominations are to be acted on at Council's next business meeting but no sooner
than twenty-five days after the nomination date.
11. Although the HRC identifies a specific procedure by which an individual or individuals
are to be nominated for a vacancy and who is to present the nomination, the Municipality
followed a less formal process until approximately mid-2021.
a. Individuals interested in filling available vacancies routinely submitted a letter,
email, etc., to the Municipal Manager or his assistant.
Harvey, 21-029
Page 5
b. Existing vacancies and individuals who had expressed interest in serving on
applicable boards, commissions, and authorities were documented on Blue Sheets
presented to the Council Members within their monthly meeting packets.
C. The Municipal Manager presented information on individuals interested in serving
and the boards, commissions, or authorities to which they wanted to be appointed.
d. Nominations were made and subsequently voted on at the following legislative
Council meeting.
12. The current Monroeville Municipal Authority ("the Authority") was originally created by
the Patton Township Supervisors under the name of the Patton Township Municipal
Authority pursuant to the Municipality Authorities Act of 1945.
a. On June 30, 1959, the name was formally changed to the Monroeville Water
Authority.
b. On June 21, 2002, the name was formally changed to the Monroeville Municipal
Authority.
13. Additional Articles of Amendments filed with the Pennsylvania Department of State on
August 11, 1989, set the salary for the Authority Board Members at $200.00 each per
month, authorized the expansion of the Authority Board from five to seven Members, and
mandated the prohibition of more than one person from each ward sitting as a Member of
the Authority Board.
a. The Articles of Amendment were authorized via the passing of Resolution No. 193
(July 19, 1989) by the Authority Board and Resolution No. 89-63 (June 13, 1989)
by Council.
The amendment expanding the size of the Authority Board was conditional
upon adoption of the following mandates, among others, by Council:
aa. That each Council Member recommend to Council a representative
from his/her respective ward in the Municipality to serve on the
Authority Board in the respective year that he/she has a right of
appointment;
bb. That the recommending Council Member submit his/her respective
candidate's name at the first regular Council meeting following the
first Monday in February of the appointment; and
i. Council was to ratify the appointment immediately or no
later than the next regularly scheduled meeting following the
submission of the candidate's name to Council.
Harvey, 21-029
Page 6
CC. That should a vacancy occur due to death, disqualification,
resignation, or removal of a member, the Council Member for the
respective ward where the vacancy exists is to immediately
recommend the appointment of a new candidate for consideration to
the Municipality.
i. The Council Member was to submit the candidate's name
for consideration at the next regular meeting following the
creation of the vacancy.
14. The Authority is governed by a seven -Member Board of Directors.
a. Authority Board Members are appointed by Council as the appointing body.
15. The Authority Board conducts a specific vote at each legislative meeting to approve the
list of bills and Authority payroll as presented.
a. The list of bills and payroll report are voted on in one encompassing action.
16. Compensation issued to Authority employees and Board Members for the prior calendar
month is documented on the payroll report presented for approval at the Authority Board's
monthly legislative meeting.
a. Wages/compensation are issued to Authority employees/representatives through
ADP as a third -party contractor.
1. Employee/representative compensation originates from the Authority's
operating account.
b. Authority employees and Board Members receive their wages/compensation from
ADP via direct deposit.
17. Authority Board Members are eligible to receive compensation for their service on the
Authority Board.
a. Authority Board Members receive individual stipends of $200.00 (gross) per month
during their terms of service on the Authority Board.
b. Authority Board Members are not required to attend the Authority Board monthly
meeting to receive the stipend.
18. Nancy Harvey ("N. Harvey") is Harvey's spouse.
a. Harvey and N. Harvey reside and jointly own the property located at [redacted].
Harvey, 21-029
Page 7
19, On October 30, 2020, the Municipality publicly advertised a notice in the Pittsburgh Post -
Gazette regarding expected vacancies for its boards, commissions, and authorities for the
2021 calendar year.
a. The notice identified that the Municipality was seeping volunteers for multiple
positions on boards, commissions, and authorities as follows:
Enti Vacancies
Terms
Library Board 3
Two terms: 01/2021 — 12/2023 Wards 1 and 2
One term (unexpired): 01/2020 — 12/2022 Ward 7
Recreation & Parks Advisory Board 4
Three terms: 01/2021 — 1212023 Wards 1, 4, & 5
One term (unexpired): 0112020 -- 12/2022 Ward 3
Zoning Hearing .Board 1
One term: 01/2021 — 12/2023
Planning Commission 2
Two terms: 01/2021 — 12/2024
Monroeville Finance Authority 1
One term: 01/2021 -- 12/2025
Convention Visitor's Bureau 1
One term: 01/2021 — 12/2025
Monroeville Municipal Authority 1
One term: 01/2021 — 12/2025 Ward 3
Pollution Control & Flood Reduction BOA 1
One term: 01/2021—12/2023
Police Civil Service Commission 2
One term (alternate/unexpired): 01/2019 — 12/2024
One term (alternate/unexpired): 01/2021— 12/2026
Ethics Board 3
One term: 01/2021 -- 12/2022
Two terms (unexpired): 01 /2020 — 12/2021
Personnel Board 4
One term: 01/2021 — 12/2023
One term (unexpired): 01/2019 — 12/2021
Two terms (unexpired): 01/2020 — 12/2022
Human Needs & Resource Advisory Board 7
Two terms: 01/2021— 12/2023
Two terms (unexpired): 01/2019 — 12/2021
Three terms (unexpired): 01/2020 — 12/2022
b. The notice directed interested individuals to forward a letter of interest with a recent
resume to the attention of the Municipal
Manager at the Municipality of
Monroeville, 2700 Monroeville Boulevard, Monroeville, PA 15146.
20. N. Harvey expressed her interest in serving on the Authority Board to Timothy Little,
Municipal Manager, via correspondence received at the Municipality on November 9,
2020.
a. Harvey resided in the Municipality's 3rd Ward at the time of her submission.
21. Council's December S, 2020, legislative meeting agenda included a section under which
existing vacancies and/or seats scheduled to be vacant on Municipal boards, commissions,
and authorities for 2021 were to be addressed.
Harvey, 21-029
Page 8
a. Attached to the agenda was the Blue Sheet identifying individuals interested in
filling various vacancies.
22. At the December 8, 2020, legislative Council meeting, Council Member Eric Poach
("Poach") motioned, seconded by Council Member Greg Erosenko ("Erosenko"), to make
a blanket nomination of all the individuals on the list (Blue Sheets) who volunteered for
boards, commissions, and authorities.
a. Prior to the vote, Council Member Thomas Wilson ("Wilson") asserted that the
citizemy was entitled to know who their representatives were on the various boards,
commissions, and authorities.
1. Mayor Nicholas Gresock ("Gresock") explained that the motion was for
nominations with the appointments to occur at a following Council meeting.
23. Gresock subsequently announced into the record the names of the specific individuals to
be nominated to the advertised boards, commissions, and authorities, including the
Authority Board as follows:
a. Monroeville Municipal Authority: Nancy Harvey (Ward 3).
1. One vacancy was scheduled to exist on the Authority Board as of January
2021.
2, Authority Board Members are compensated for their service.
24. Council subsequently conducted a roll call vote to formally approve the nominations of the
individuals and the respective boards, commissions, and authorities named which carried
via 5-2 split with Williams and Wilson in opposition.
a. Harvey was present for the roll call vote at the December 8, 2020, meeting and
voted in favor of N. Harvey's nomination for a compensated position on the
Authority Board.
b. Appointment of nominees to available positions was to occur at Council's January
12, 2021, legislative meeting.
25. As of January 11, 2021, one vacancy existed on the Authority Board.
a. N. Harvey had expressed interest in serving on the Authority Board and had been
nominated for such at Council's December 8, 2020, meeting.
b. No other individuals expressed interest in serving on the Authority Board for Ward
3 at that time.
26. Council appointed individuals to vacancies on various Municipal boards, commissions, and
authorities at its January 12, 2021, legislative meeting.
Harvey, 21 -029
Page 9
a. The Authority Board and its vacancy was one of various boards, commissions, and
authorities addressed at the January 12, 2021, Council meeting.
b. Minutes of the January 12, 2021, meeting document no discussion occurring among
Council regarding existing vacancies or individuals nominated to fill such.
27. During the "Vacancies on boards, commissions, and authorities" section of the January 12,
2021, Council meeting, Poach motioned, seconded by Erosenko, to appoint N. Harvey to
the Authority Board which carried by a 4-2-1 roll call vote.
a. Harvey abstained from the vote to appoint N. Harvey to the Authority Board.
b. The minutes did not detail the specific length of N. Harvey's term on the Authority
Board.
28, The Municipality issued written correspondence to N. Harvey dated January 19, 2021,
informing her of her appointment to a first term on the Authority Board.
a. The correspondence specified N. Harvey's term as running from January 2021
through December 2025.
29. Harvey and/or N. Harvey maintain financial accounts at S&T Bank.
a. Account No. x is a joint checking account in the name of Harvey and N. Harvey.
1. Account No. x was opened as a joint checking account on October 17, 1994.
aa. Both Harvey and N. Harvey are authorized signatories on the
account.
bb. Only one signature is required for withdrawals on the account.
30. N. Harvey was compensated by the Authority for her service on the Authority Board for
the period of February 2021 through November 2022 via twenty-two separate payments in
the total amount of $ 4,400.00 (gross):
a. All twenty-two payments issued to N. Harvey by the Authority totaling $4,400.00
(gross) were deposited into the Harveys' joint checking account.
31. N. Harvey voluntarily ceased receiving payments of $200.00 (gross) from the Authority
beginning in December 2022.
a. N. Harvey's term is scheduled to run until December 2025.
Harvey, 21-029
Page l0
32. The entire $4,400.00 received by N. Harvey for service on the Authority Board from
January 2021 through November 2022 was deposited into the Harveys' joint checking
account at S&T Bank.
a. Both Harvey and N. Harvey had continual access to and signature authority over
Account No. x at all times from January 2021 through November 2022.
33. Harvey asserts that while he knowingly voted to nominate a member of his immediate
family to the Authority Board, he believed that nominating did not cause pecuniary benefit,
and by abstaining to vote to appoint a member his immediate family to that position, he
was in compliance with the applicable laws.
a. His wife was the only person to apply for the position.
b. No other Council Member nominated anyone else for the position.
34. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the Ethics Act.
35. Harvey was required to file SFIs by May ISM annually for calendar years 2016 through 2020
in his position as a Member of Council.
a. Harvey served as a Member of Council continuously from January 2014 to January
2022.
36. Information required to be disclosed on SFIs filed by public officials and public employees
is specified in Section 1105 of the Ethics Act.
37. Harvey filed SFIs with the Municipality for calendar years 2016 through 2020 as follows:
Submission Date
For Calendar Year
Jan 21, 2017
2016
Jan 23, 2018
2017
Jan 19, 2019*
2018
Jan 28, 2020
2019
Jan 14, 2021
2020
,',based on "received" stamp date on forms
*No "received" stamp present
38. Harvey 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.
39. Harvey filed amended SFIs with the Municipality, and with the Pennsylvania State Ethics
Commission, for calendar years 2016, 2017, 2018, 2019, and 2020.
IIr. DISCUSSION:
Harvey, 21-029
Page 11
As a Member of Council for the Municipality of Monroeville ("the Municipality"),
Allegheny County, Pennsylvania, from January 6, 2014, to January 3, 2022, Respondent Ronald
Harvey ("Harvey") was a public official subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec..
The allegations are that Harvey violated Sections 1103(a), I I05(a), and 1105(b)(5) 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 of
Council for the Municipality when he voted to approve the nomination of a member
of his immediate family for a paid position on the Monroeville Municipal Authority
Board; and
(2) When he failed to disclose the Municipality as a direct/indirect source on income
on Statements of Financial Interests filed for calendar years 2016, 2017, 2018,
2019, and 2020.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegation regarding Harvey's Statements of Financial Interests. We
therefore need not address that allegation.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. ---No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The 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
Hai ve , 21-029
Page 12
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.
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.
Harvey served as a Member of Council for the Municipality ("Council") from January 6,
2014, to January 3, 2022, The Municipality operates under a Home Rule Charter ("HRC") system
of government consisting of a seven -Member Council and a Mayor. Council holds a regularly
scheduled legislative meeting on the second Tuesday of each month.
The HRC mandates that members of Municipal boards, commissions, and authorities
(hereinafter collectively referred to as "Municipal Bodies") be appointed by Council unless
otherwise specified in the HRC. Although the HRC identifies a specific procedure by which an
individual is to be nominated to fill a vacancy on a Municipal Body, the Municipality followed a
less formal process until approximately mid-2021. Under the less formal process, individuals
interested in filling vacancies routinely communicated their interest to the Municipal Manager or
his assistant. Existing vacancies and individuals who had expressed interest in filling those
vacancies were documented on materials included in the Council Members' meeting packets, and
nominations were made and voted on at successive legislative meetings of Council.
The Monroeville Municipal Authority ("Authority") was created pursuant to the
Municipality Authorities Act. The Authority is governed by a seven -Member Board of Directors
("Authority Board"). Authority Board Members are eligible to receive a stipend of $200.00 per
month for serving on the Authority Board.
On October 30, 2020, the Municipality advertised a notice in the Pittsburgh Post -Gazette
with regard to expected vacancies on the Municipal Bodies for 2021. The notice provided that the
Municipality was seeking volunteers for vacancies on various Municipal Bodies, including, in
pertinent part, one vacancy on the Authority Board. Interested individuals were directed to forward
a letter of interest and a resumd to the Municipal Manager. Nancy Harvey ("N. Harvey"), who is
Harvey's spouse, expressed her interest in serving on the Authority Board to the Municipal
Manager via correspondence received at the Municipality on November 9, 2020.
Harvey, 21-029
Page 13
The agenda for Council's December 8, 2020, legislative meeting included a section under
which existing or anticipated vacancies on Municipal Bodies for 2021 were to be addressed. A
list identifying individuals interested in filling the vacancies was attached to the agenda. At the
December 8, 2020, legislative meeting, Council Member Eric Poach ("Poach") motioned,
seconded by Council Member Greg Erosenko ("Erosenko"), for a blanket nomination of all the
individuals on the list attached to the agenda. After the Mayor of the Municipality announced into
the record the names of the individuals to be nominated to fill the vacancies on the Municipal
Bodies, including N. Harvey's name as a nominee for a vacant seat on the Authority Board,
Council voted 5-2 to formally approve the nominations of the individuals. Harvey voted in favor
of approving the individuals' nominations.
At Council's January 12, 2021, legislative meeting, the vacancies on the Municipal Bodies
were filled by the appointment of nominees. During the meeting, Council Member Poach
motioned, seconded by Erosenko, to appoint N. Harvey to the Authority Board. The motion
carried by a vote of 4-2-1, with Harvey abstaining from the vote. N. Harvey's term on the
Authority Board was to run from January 2021 through December 2025.
From January 2021 through November 2022, N. Harvey received monthly payments
totaling $4,400.00 from the Authority for serving on the Authority Board. N. Harvey voluntarily
ceased receiving monthly payments of $200.00 from the Authority beginning in December 2022.
All of the payments that the Authority issued to N. Harvey for her service on the Authority Board
were deposited into the Harveys' joint checking account at S&T Bank.
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 Harvey used the authority of
his public position for the private pecuniary benefit
of himself and a member of his immediate family by
voting as a Member of Council of the Municipality
of Monroeville to approve the nomination of a
member of his immediate family for a paid position
on the Monroeville Municipal Authority Board; and
b. The remaining allegations be nolle prossed.
4. Harvey agrees to make payment in the amount of $1,000.00 payable
to the Monroeville Municipal Authority in settlement of this matter,
Harvey, 21-029
Page 14
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. It is acknowledged that Harvey filed amended Statements of
Financial Interests with the Municipality of Monroeville and with
the Pennsylvania State Ethics Commission for calendar years 2016,
2017, 2018, 2019, and 2020.
6. Harvey agrees to not accept any reimbursement, compensation or
other payment from the Monroeville Municipal Authority
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 Harvey'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. Harvey 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. Harvey 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 Agreement, at 1-2.
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
Harvey used the authority of his public position as a Member of Council when he voted to approve
nominations that included his wife's nomination for a compensated seat on the Authority Board.
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 Harvey used the authority
of his public position for the private pecuniary benefit of himself and a member of his immediate
Harvey, 21-029
Page 15
family by voting as a Member of Council to approve the nomination of a member of his immediate
family for a paid position on the Authority Board.
As part of the Consent Agreement, Harvey has agreed: (1) to make payment in the amount
of $1,000.00 payable to the Authority and forwarded to this Commission within thirty (30) days
of the issuance of the final adjudication in this matter; and (2) to not accept any reimbursement,
compensation or other payment from the Authority representing a full or partial reimbursement of
the amount paid in settlement of this matter.
By email dated August 7, 2023, Harvey was notified of the date, time and location of the
meeting at which his Consent Agreement would be considered. Harvey's attorney, John Silvestri,
Esquire, appeared via teleconference at the meeting and offered commentary on Harvey's behalf
consistent with the information provided in the Consent Agreement and Stipulation of Facts.
We determine that the Consent Agreement submitted by the parties sets forth a proper
disposition for this case, based upon our review as reflected in the above analysis and the totality
of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Harvey is directed to make
payment in the amount of $1,000.00 payable to the Monroeville Municipal Authority and
forwarded to this Commission by no later than the thirtieth (301") day after the mailing date of this
adjudication and Order.
Harvey is directed to not accept any reimbursement, compensation or other payment from
the Authority representing a full or partial reimbursement of the amount paid in settlement of this
matter.
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:
As a Member of Council for the Municipality of Monroeville, Allegheny County,
Pennsylvania, from January 6, 2014, to January 3, 2022, Respondent Ronald Harvey
("Harvey") was a public official subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Harvey used the authority of his public position for the private pecuniary benefit of himself
and a member of his immediate family by voting as a Member of Council of the
Municipality of Monroeville to approve the nomination of a member of his immediate
family for a paid position on the Monroeville Municipal Authority Board.
In Re: Ronald Harvey, File Docket: 21-029
Respondent Date Decided: 10/4/23
Date Mailed: 10/6/23
ORDER NO, 1822
A violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S.
§ 1103(a), occurred when Ronald Harvey ("Harvey"), 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 a member of his immediate
family by voting to approve the nomination of a member of his immediate family for a paid
position on the Monroeville Municipal Authority Board.
2. Per the Consent Agreement of the parties, Harvey is directed to make payment in the
amount of $1,000.00 payable to the Monroeville Municipal Authority and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30"') day after the
mailing date of this Order.
3. Harvey is directed to not accept any reimbursement, compensation or other payment from
the Monroeville Municipal Authority representing a full or partial reimbursement of the
amount paid in settlement of this matter.
4. Compliance with paragraphs 2 and 3 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,
{
Michael A. Schwartz, Chair