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HomeMy WebLinkAbout1824 GaydosPHONE: 717-783-1610 TOLL FREE 1-800-932-0936 In Re: Linda Gaydos, Respondent S'TAT'E ETHICS, COMMISSION FINANCE BUIL DING 613 NORTH STREET ROOM 309 1 IARRISBURG, PA 17120-0400 File Docket: Order No. Date Decided Date Mailed: 21-032 1824 10/4/23 10/6/23 Be -fore: Michael A. Schwartz, Chair Rhonda Hill Wilson, Vice Chair Shelley Y. Simms Paul E. P'arsells David L. Reddecliff This is a final adjudication of the State Ethics Commission.' FACSINLE: 717­787-0806 W E B S I T E: wLVw.,!jftLc�.rna,goy 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 sec ., 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 Linda Gaydos, a public official/public employee in her capacity as a Member of Council for the Municipality of Monroeville ("the Municipality"), Allegheny County, violated Sections I I 03(a), I I 05(a), I 105(b)(1), and I 105(b)(3) of the Ethics Act: (1) When she used the authority of her public position for the private pecuniary benefit of herself and/or a member of her immediate family by participating in actions of Council for the Municipality when she: voted to approve the nomination of a member of her immediate family to a paid position on the Zoning Hearing Board of the Municipality; I Commissioner Robert P. Caruso recused himself from this matter and did not participate in the deliberations involving this case. G_ aydos, 21-032 Page 2 (2) When she actively engaged in discussions with other Members of Council for the Municipality to ensure that a member of her immediate family would be appointed to a paid position on the Zoning Hearing Board of the Municipality; and (3) When she failed to correctly file her Statements of Financial Interests for calendar years 2017, 2018, 2019, and 2020 by failing to complete the section regarding disclosure of real estate interests on her 2017 and 2019 calendar year forms and by failing to list her governmental entity on her 2018 and 2020 calendar year forrns. II. FINDINGS: 1. Linda Gaydos ("Gaydos") 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. 3. Council holds a regularly scheduled agenda meeting and a legislative meeting on the first Tuesday 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. 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. C. Special meetings are held as needed. 4. 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. Gam, 21-032 Page 3 Approval of the minutes as presented signifies that no corrections, additions, or deletions are needed. 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. 6. 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. 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. 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. 7. 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. The Municipality has operated under the Horne Rule Charter ("HRC") form of government since approximately January 1976. G. aydos, 21-032 Page 4 a. The Municipality approved the HRC form of government at the May 21, 1974, primary election with an effective date of January 1976. 9. 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. 10. 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. 1. 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. G. Section 1803 of the HRC sets the term of office for members of all boards, commissions, and authorities at no more than four years. 11. 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 Councils next business meeting but no sooner than twenty-five days after the nomination date. Gam, 21-032 Page 5 12. 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. 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. 13. The Municipal Department of Community Development ("DCD") is charged with overseeing development within the Municipality through its land use regulations. a. The DCD is responsible for: 1. Enforcement of the Municipal Zoning Ordinance; 2. Administration of the Municipal Subdivision Ordinance; 3. Review of subdivision and site plan applications; and 4. Development and implementation of the Municipal Comprehensive Plan. 14. The daily operation of the DCD is managed by the Community Planner/Zoning Officer, who is responsible for, among other actions, the following: a. Processing applications filed with the DCD for subsequent placement on the Municipal Zoning Hearing Board ("ZHB") agenda, which includes: 1. Reviewing the completed application(s) submitted; 2. Scheduling the hearing(s) before the ZHB for the application(s); 3. Advertising the legal notice for the hearing(s) in the Municipal circular of record; 4. Posting of placards regarding property for which variances are sought; 5. Creation and distribution of the agenda for the hearing(s); and Gaydos, 21-032 Page 6 6. Verbal presentation of the application(s) to the ZHB at the hearing(s). b. All business matters regarding the DCD are completed by the Community Planner/Zoning Officer and his Administrative Assistant. C. The DCD works/operates in conjunction with the ZHB. 15. Article XVIII, Section 1807, of the HRC specifically identifies the ZHB as one of seven boards, commissions, and authorities established by the HRC. a. The HRC allows for the ZHB to be composed of a total of either three or five residents of the Municipality. ZHB Member term lengths for a three -Member Board are set at three years with terms fixed so that the term of one Member expires each year. 2. ZHB Member term lengths for a five -Member Board are set at five years with terms fixed so that the term of one Member expires each year. 16. Chapter 359. Zoning, Article V -- Administration and Enforcement, Section 359.48 of the Code delineates additional information and mandates regarding the ZHB. a. Subsection B — Membership, Term (5), mandates that Council appoint no more than one resident from any ward to serve on the ZHB at the same time. i . Subsection B was last amended on December 8, 2020, by Ordinance No. 2725, 17. The ZHB is responsible for multiple duties and actions including: a. Holding public hearings to receive proposals as well as environmental impact statements prior to action on land subdivision or other likely environmental disturbances, including but not limited to the use of: 1. Public facilities; 2. Drainage systems; 3. Traffic flow; 4. Public safety; 5. Schools; and 6. Recreation.. Gaydos, 21-032 Page 7 b. Recommending changes to the Municipality's Comprehensive flan every ten years from the last effective date or more frequently as needed; and C. Advising administrative appointee of the Municipal Manager as well as Council in matters related to planning, zoning, and development as required by Municipal Ordinance. 18. The ZHB routinely meets once per month on the first Wednesday of each month to address any applications submitted for consideration regarding variances requested. a. The ZHB primarily hears requests for variances where it is alleged that the provisions of the existing zoning ordinance inflict unnecessary hardship upon the applicant. b. The ZHB does not meet if no applications are submitted prior to the established Municipal deadline. 19. ZHB Members are eligible to receive compensation for their service on the ZHB. a. ZHB Members receive individual stipends of $150.00 (gross) for attendance at each ZHB meeting/hearing held. 1. No more than one ZHB meeting/hearing is scheduled and/or held each month regardless of the number of applications scheduled for consideration. 2. ZHB Members must attend the scheduled ZHB meeting to receive the stipend. b. ZHB Members receive their stipends via direct deposit. 20. The size of the ZHB in relation to the number of sitting Members has changed multiple times since at least April 1989. a. The ZHB consisted of three Members until its expansion to five Members effective April 11, 1989, by Ordinance No. 1667. b. The ZHB was reduced in size from five Members to three Members effective April 8, 2014 by Ordinance No. 2611. 1. As of at least 2017, one individual was appointed as an alternate ZHB Member for service if needed. 21. The ZHB operated with a full complement of Board Members and one alternate Board Member at all times during the 2020 calendar year. a. The ZHB consisted of James Rosipal, Gary Grysiak ("Grysiak"), and Lawrence D'Augustino and Alternate Member Charles Yaskanich ("Yaskanich") in 2020. Gaydos, 21-032 Page 8 1. Grysiak's first full term on the ZHB was due to expire at the conclusion of December 2020. 2. One vacancy was due to exist on the ZHB at the conclusion of the 2020 calendar year because of the pending expiration of Grysiak's term. b. The ZHB was not experiencing any operational difficulties or concerns in relation to its size as a three -Member Board. 1. The size of the ZHB had no negative impact on the processing of applications submitted. 2. The existing ZHB had no issues in keeping up with the volume of applications submitted. 22. Michael Gaydos ("M. Gaydos") is Gaydos's spouse. a. Gaydos and M. Gaydos reside together at jointly owned property. 23. 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 seeking volunteers for multiple positions on boards, commissions, and authorities as follows: Enti .Library Board Recreation & Parks Advisory Board Zoning Hearing Board Planning Commission Monroeville Finance Authority Convention Visitor's Bureau Monroeville Municipal Authority Pollution Control & Flood Reduction BOA Police Civil Service Commission Ethics Board Vacancies Terms 3 Two terms: 01/2021 -- 12/2023 Wards 1 and 2 One term (unexpired): 01/2020 — 12/2022 Ward 7 4 Three terms: 0 1/2021 — 12/2023 Wards 1, 4, & 5 One term (unexpired): 01/2020 — 12/2022 Ward 3 1 One term: 01/2021— 12/2023 2 Two terms: 01/2021 — 12/2024 1 One term: 0 1/202 1 — 12/2025 1 One term: 01/2021 — 12/2025 1 One term: 01/2021 — 12/2025 Ward 3 1 One term: 0112021 — 12/2023 2 One term (alternate/unexpired): 01/2019 — 12/2024 One term (alternate/unexpired): 0 1/2021 — 12/2026 3 One term: 0112021 -- 12/2022 Two terms (unexpired): 0 1/2020 — 12/2021 Gam, 21-032 Page 9 Entity Vacancies Terms 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. 24. Prior to the November 10, 2020, legislative meeting of Council, Grysiak, Yaskanich, and M. Gaydos each expressed interest in writing to Timothy Little ("Little"), Municipal Manager, in serving on the ZHB. a. Grysiak expressed his interest in reappointment to a second term on the ZHB to Little via correspondence received at the Municipal Building on October 26, 2020. 1. Grysiak resided in the Municipality's 2°d Ward at the time of his submission. b. M. Gaydos expressed his interest in appointment to the ZHB to Little via email dated November 6, 2020. 1. M. Gaydos resided in the Municipality's 1st Ward at the time of his email. C. Yaskanich expressed his interest in appointment to the ZHB to Little via correspondence received at the Municipal Building on November 9, 2020, 1. Yaskanich resided in the Municipality's 2" Ward at the time of his submission. 2. Yaskanich's name was not included on the Blue Sheets presented at the November 10, 2020, Council meeting. 25. At Council's November 10, 2020, legislative meeting, Attorney Robert Wratcher ("Wratcher"), Municipal Solicitor, provided information regarding the ZHB as part of his Solicitor's report. a. Wratcher requested authorization to advertise an ordinance for the potential expansion of the ZHB from three to five Members. 1. Council Member Tom Wilson ("Wilson") made the motion to approve an advertisement for potential expansion of the ZHB. 2. Gaydos was present at the November 10, 2020, meeting and seconded Wilson's motion. Gaydos, 21-032 Page 10 26. Prior to voting on the motion, Council Member Bob Williams ("Williams") questioned the need for the expansion of the ZHB, which resulted in the following responses: a. Some Members of Council felt that a potential five -Member Board was more representative of the community than a three -Member Board, b. Larger communities tend to have a five -person Board while smaller communities seem to have a three -person Board; and C. Further discussion would occur before approval of the expansion. 27. The motion to advertise the ordinance was subsequently presented to Council for action and was approved via unanimous roll call vote at the November 10, 2020, legislative meeting. a. Gaydos was present for the roll call vote at the November 10, 2020, meeting and voted affirmatively to advertise the ordinance proposing expansion of the ZHB. 1. Gaydos voted in favor of advertising the ordinance which proposed expansion of the ZHB at a time when M. Gaydos, Gaydos's spouse, had only four days previously submitted written interest to the Municipality in serving on the ZHB. 28. Before publication of the advertisement regarding the potential ZHB expansion, resident Andrew Wilkins ("A. Wilkins") also expressed written interest regarding serving on the ZHB. a. A. Wilkins identified his interest in an email to Little dated November 13, 2020. b. A. Wilkins resided in the Municipality's 3' Ward at the time of his email. 29. The Municipality placed an advertisement in the Pittsburgh Post -Gazette, which was published on November 27, 2020, regarding Council's pending consideration of multiple ordinances at its December 8, 2020, legislative meeting. a. Documented within the advertisement under Item No. 7 was: "AN ORDINANCE OF THE MUNICIPALITY OF MONROEVILLE, ALLEGHENY COUNTY, PENNSYLVANIA, EXPANDING THE SIZE OF THE ZONING HEARING BOARD FROM THREE (3) MEMBERS TO FIVE (5) MEMBERS PURSUANT TO ARTICLE NINE (9) OF THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE." Gaydos, 21-032 Page 11 30. Council's December 8, 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 was to be addressed. a. Attached to the agenda was the Blue Sheet identifying individuals interested in filling various vacancies. 1. The Blue Sheet accompanying the agenda identified A. Wilkins, along with Grysiak and M. Gaydos, as individuals interested in serving on the ZHB. 2. Yaskanich's name was not included on the Blue Sheet presented at the December 8, 2020, Council meeting. 31. Gaydos personally approached Williams at some point prior to the December 8, 2020, meeting in relation to nominations to be made for board, commission, and authority vacancies. a. Gaydos requested support from Williams for the nominations of multiple Council Members' spouses for appointment, including M. Gaydos. 32. 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 Sheet) who volunteered for boards, commissions, and authorities. a. Prior to the vote, Wilson asserted that the citizenry was entitled to know who its 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. 2. Additional discussion regarding the situation occurred after Gresock's comment. 33. Gresock subsequently announced into the record the names of the specific individuals to be nominated and the respective board, commission, or authority to which nominated as shown below: a. Library Board: Dennis McDaniel (Ward 2), Mary Frances Thorn (Ward 3), and Emily Hoffman (Ward Six). 1. Three (or four) vacancies were scheduled to exist on the Library Board as of January 2021. 2. Library Board Members are not compensated for their service. Gaydos, 21-032 Page 12 b. Recreation and Parks Advisory Board: Tracy Poach (Ward 5) and M. Gaydos (Ward 1). 1. Four vacancies were scheduled to exist on the Recreation and Parks Advisory Board as of January 2021. 2. Recreation and Parks Advisory Board Members are not compensated for their service. C. Zoning Hearing Board: Grysiak (Ward 2), M. Gaydos (Ward 1), and A. Wilkins (Ward 3). l . One vacancy was scheduled to exist on the ZHB as of January 2021 at that time. aa. Consideration of Ordinance No. 2725, expanding the ZHB by two additional Members, was scheduled to occur later in the December 8, 2020, meeting. 2. ZHB Members are compensated for their service. d. Planning Commission: Dan Gerhart (no ward specified). l . Three vacancies were scheduled to exist on the Planning Commission as of January 2021. 2. Planning Commission Members are not compensated for their service. C. Pollution Control & Flood Reduction Board of Appeals: Ed Diel (no ward specified). 1. One vacancy was scheduled to exist on the Pollution Control & Flood Reduction Board of Appeals as of January 2021. 2. Pollution Control & Flood Reduction Board of Appeals Members are not compensated for their service. f. Monroeville Municipal Authority: Nancy Harvey (Ward 3). 1. One vacancy was scheduled to exist on the Monroeville Municipal Authority Board as of January 2021. 2. Monroeville Municipal Authority Board Members are compensated for their service. g. Convention Visitor's Bureau: Ryan Witt of UPMC East. Gaydos, 21-032 Page 13 1. One vacancy was scheduled to exist on the Convention Visitor's Bureau as of January 2021. 2. Convention Visitor's Bureau Members are not compensated for their service. 34. Council subsequently conducted a roll call vote to formally approve the nominations of the individuals to the respective boards, commissions, and authorities named, which carried via 5-2 split with Williams and Wilson in opposition. a. Gaydos was present for the roll call vote at the December 8, 2020, meeting and voted in favor of M. Gaydos's nomination to a compensated position on the ZHB. b. Appointment of nominees to available positions was to occur at Council's January 12, 2021, legislative meeting. 35. Later, during the ordinance section of the December 8, 2020, legislative meeting, Gaydos motioned, seconded by Poach, to approve Municipal Ordinance No. 2725 ("Ordinance No. 2725") regarding the expansion of the ZHB from three to five Members. a. Ordinance No. 2725 documented the reason for the expansion as malting the ZHB "... more representative of the community it serves." b. Ordinance No. 2725 retained the limiter that no more than one resident from any Ward could serve on the ZHB at the same time. 36. Council subsequently conducted a roll call vote to formally approve Ordinance No. 2725, which carried via 5-2 split with Williams and Wilson in opposition. a. Gaydos was present for the roll call vote at the December 8, 2020, meeting and voted in favor of Ordinance No. 2725 to expand the ZHB from three Members to five Members. 1. Gaydos voted to approve Ordinance No. 2725 contemporaneous with her vote to nominate M. Gaydos to a paid position on the ZHB. aa. The approval of Ordinance No. 2725 resulted in a total of three vacancies to be filled on the ZHB. i. A total of three individuals, including M. Gaydos, had been previously nominated at the December 8, 2020, Council meeting for potential service on the ZHB. 37. As of January 11, 2021, a total of three vacancies existed on the ZHB for which a total of five individuals had expressed written interest and three of those five individuals had been formally nominated. Gaydos, 21-032 Page 14 a. M. Gaydos, A. Wilkins, and Grysiak had expressed interest in serving on the ZHB and had been nominated for such at Council's December 8, 2020, meeting. b. Yaskanich had expressed interest in sewing on the ZHB but had not received a nomination. C. Heather Wilkins ("H. Wilkins") expressed interest in serving on the ZHB to Little via emails dated January 8, 2021, and January 11, 2021. 38. Council appointed individuals to vacancies on various Municipal boards, commissions, and authorities at its January 12, 2 02 1, legislative meeting. a. The ZHB and its vacancies 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. 39. During the "Vacancies on Boards, Commissions, and Authorities" section of the January 12, 2021, meeting, Gaydos presented H. Wilkins as an additional nominee for consideration for the ZHB. a. H. Wilkins resided in the Municipality's 3rd Ward at the time of her nomination. 40. Gaydos's nomination of H. Wilkins at the January 12, 2021, Council meeting resulted in a total of four individuals receiving nominations for appointment to three available ZHB seats as detailed below. Nominee Ward M. Gaydos 1 G. Grysiak 2 A. Wilkins 3 H. Wilkins 3 a. A. Wilkins and H. Wilkins both resided in the Municipality's 3rd Ward at the time. 1. Ordinance No. 2725, Section 5, prohibits more than one resident from any Ward serving on the ZHB at one time. 2. Only A. Wilkins or H. Wilkins was eligible for appointment to the ZHB. 41. During the continuing "Vacancies on Boards, Commissions, and Authorities" section of the January 12, 2021, Council meeting, Erosenko motioned, seconded by Harvey, to appoint M. Gaydos to the ZHB for the term of January 2021 to December 2025, which carried by a 4-2-1 roll call vote. a. Gaydos abstained from the vote to appoint M. Gaydos to the ZHB. Gaydos, 21-032 Page 15 b. The written minutes incorrectly identified M. Gaydos's term as four years instead of five (January 2021 -- December 2025). 42. An additional appointment to the ZHB occurred later at the January 12, 2021, Council meeting during the "Resolutions" section of the meeting. a. A motion was made by Wilson, seconded by Harvey, to appoint Grysialc (Ward 2) to a three-year term on the ZHB, which carried by a 4-3 roll call vote. Grysiak was appointed to a three-year term representative of one of the previously existing seats of the ZHB. 43. Subsequent to Grysiak's appointment, Erosenko motioned, seconded by Council Member Steve Wolfram, to approve Resolution No. 21-4 addressing Council's desire to adopt a resolution regarding the appointment of individuals to the restructured ZHB. a. Resolution No. 21-4 documented the expansion of the ZHB per Ordinance No. 2725. 1. Gaydos had motioned for the approval of and voted in favor of Ordinance No. 2725 at Council's November 10, 2020, meeting. 2. Gaydos's spouse had submitted a letter of interest to the Municipality in serving on the ZHB on November 6, 2020. b. Resolution No. 21-4 documented the appointment of Grysiak and M. Gaydos to the ZHB. 1. Grysiak's appointment was documented for a term of three years ending December 31, 2023, 2. M. Gaydos's appointment was documented for a term of five years ending December 31, 2025. aa. M. Gaydos was appointed to one of the two new seats created by the approval of Ordinance No. 2725. C. Resolution No. 21-4 was adopted via a 5-1-1 roil call vote. 1. Gaydos abstained from the vote to approve Resolution No. 21-4. d. Council did not fill the remaining vacant seat on the ZHB consisting of a four-year term at the January 21, 2021, meeting. Gaydos, 21-032 Page 16 44. The Municipality issued written correspondence to M. Gaydos dated January 15, 2021, informing him of his appointment to a first term (January 2021 -- December 2025) on the restructured ZHB for Ward 1. a. The correspondence specified that the ZHB is a compensated board. 45. Gaydos and/or M. Gaydos maintain multiple checking accounts at S&T Bank, including an account referred to hereinafter as Account No. 1 and an account referred to hereinafter as Account No. 2. a. Account No. 1 is a joint checking account in the names of Gaydos and M. Gaydos. 1. Account No. 1 was originally opened as a joint checking account on November 3, 2001, in the name of Linda L. Heidenreich ("Heidenreich") and M. Gaydos. aa. Heidenreich and Gaydos have the same Social Security Number. bb. Both Gaydos/Heidenreich and M. Gaydos were authorized signatories on the account. 2. Account No. 1 was amended to a joint checking account in the names of Gaydos and M. Gaydos on June 7, 2011. aa. Both Gaydos and M. Gaydos are authorized signatories on the account. bb. Only one signature is required for withdrawals on the account. b. Account No. 2 is an individual special checking account in the name of M. Gaydos. l . Account No. 2 was opened on June 24, 2000, in M. Gaydos's name. aa. M. Gaydos is the only authorized signatory on the account. 46. M. Gaydos was compensated by the Municipality for his service on the ZHB for the period of February 2021 through October 2022 via seventeen separate payments in the total amount of $2,850.00. a. Of the seventeen payments issued to M. Gaydos by the Municipality, sixteen payments totaling $2,700.00 (gross) were deposited into the Gaydos's joint checking account (Account No. 1) at S&T Bank. 1. The remaining payment totaling $150.00 (gross) was deposited into M. Gaydos's individual checking account (Account No. 2) at S&T Bank. Gaydos, 21-032 Page 17 47. M. Gaydos will continue to receive payments of $150.00 (gross) from the Municipality for every ZHB meeting attended until his term expires, he resigns his seat, or he is removed from his seat. a. M. Gaydos's term is scheduled to run until December 2025. b. M. Gaydos's additional compensation received as a ZHB Member will be determined based upon the number of ZHB meetings held and the number of those meetings which he attends. 48. Gaydos was present at legislative meetings of Council spanning the time frame of February 2021 through December 2021 and participated in actions of Council in approving Municipal payroll reports on which payment/compensation to M. Gaydos as a Member of the ZHB was documented as follows: Meeting Gaydos Gaydos's Final Vote Approved Amount* Date Present Action Vote Payment Dated 01/12/21 Yes Yes Vote Unanimous N/A NIA 02/09/21 Yes Yes Vote Unanimous N/A N/A 03/09/21 Yes Yes Vote Unanimous N/A N/A 04/13/21 Yes Yes Vote Unanimous 03/05/2021 $300.00^ 05/11/21 Yes Motion & Yes Vote Unanimous 04/02/2021 $150.00 06/08/21 Yes Second & Yes Vote Unanimous 05/19/2021 $150.00 07/13/21 Yes Motion & Yes Vote Unanimous 06/11/2021 $150.00 08/10/21 Yes Motion & Yes Vote Unanimous 07/23/2021 $150.00 09/14/21 Yes Motion & Yes Vote Unanimous 08/20/2021 $150.00 10/12/21 Yes Motion & Yes Vote Unanimous N/A N/A 11/09/21 Yes Second & Yes Vote Unanimous 10/15/2021 $300.00- 12/14/21 Yes Yes Vote Unanimous 11/26/2021 $150.00 *Gross amount ^Represents payment for February 2021 and March 2021 ZHB meetings Represents payment for September and October 2021 ZHB meetings a. Gaydos participated in eight of eight votes of Council to approve payroll reports on which M. Gaydos was documented as receiving a total of $1,500.00 in compensation for service on the ZHB. 49. Of the total of $2,850.00 received by M. Gaydos for service on the ZHB from January 2021 through October 2022, approximately $2,700,00 was deposited into the Gaydos's joint checking account at S&T Bank (Account No. 1). a. Both Gaydos and M. Gaydos had continual access to and signature authority over Account No. 1 at all times from January 2021 through October 2022. b. Only one authorized signatory was required for the withdrawal of funds from the account. GUdos, 21-032 Page 18 50. Gaydos asserts that while she knowingly voted to nominate a member of her immediate family to the ZHB, she believed that by abstaining to appoint them to that position, she was in compliance with the applicable laws. a. M. Gaydos was the only person to apply for the position from the ward. b. No other Council Member nominated anyone else for the position. 51. Statement of financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the Ethics Act. a. Section 1104(a) reads, in part, as follows: "...Any other public employee or public official shall file a statement of financial interests with the governing authority of the political subdivision by which he is employed or within which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position." 52. Gaydos was required to file SFIs by May 15t annually for calendar years 2016 through 2020 in her position as a Member of Council. a. Gaydos served as a Member of Council continuously from January 2010 to January 2022. 53. Information required to be disclosed on SFIs filed by public officials and public employees is specified in Section 1105 of the Ethics Act. a. Section I I05(a) sets forth, in part, that all information requested on the statement shall be provided to the best knowledge, information, and belief of the person required to file and shall be signed under oath or equivalent affirmation. b. Section 1105(b), Subsections 1-10 identify specific information to be disclosed as well as exceptions to disclosure requirements when applicable. Section 1105(b)(3) mandates disclosure of any direct or indirect interest in any real estate which was sold or leased to the Commonwealth, any of its agencies or political subdivisions or purchased or leased from the Commonwealth, any of its agencies or political subdivisions or which was the subject of any condemnation proceedings by the Commonwealth, any of its agencies or political subdivisions. 54. Gaydos filed SFIs with the Municipality for calendar years 2016 through 2020 as follows: Submission Date^ For Calendar Year Feb 14, 2017 2016 Jan 26, 2018 2017 Gaydos, 21-032 Page 19 Feb 6, 2019 2018 Feb 7, 2020 2019 Feb 4, 2021 2020 ^based on "received" stamp date on forms 55. Gaydos failed to complete Section 5, Governmental Entity, on her SFIs filed for calendar years 2018 and 2020. a. Section 5, Governmental Entity, of Gaydos's 2018 calendar year SFI was left blank. 1. Gaydos's governmental entity at the time was the Municipality. b. Section 5, Governmental Entity, of Gaydos's 2020 calendar year SFI did not correctly and/or completely identify Gaydos's governmental entity. I. Section 5, Governmental Entity, of Gaydos's 2020 calendar year SFI documented only "Bono Council." 2. Gaydos's governmental entity at the time was the Municipality. 56. Gaydos failed to complete Section 8, Real Estate Interests, on her SFIs filed for calendar years 2017 and 2019. a. Section 8, Real Estate Interests, on Gaydos's SFIs filed for calendar years 2017 and 2019 was left blank. E"NER-110*011PLI As a Member of Council for the Municipality of Monroeville ("the Municipality"), Allegheny County, Pennsylvania, from January 6, 2014, to January 3, 2022, Respondent Linda Gaydos ("Gaydos") 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 Gaydos violated Sections 1103(a), 1105(a), 1105(b)(1), and 1105(b)(3) of the Ethics Act: (1) When she used the authority of her public position for the private pecuniary benefit of herself and/or a member of her immediate family by participating in actions of Council for the Municipality when she voted to approve the nomination of a member of her immediate family to a paid position on the Zoning Hearing Board of the Municipality; (2) When she actively engaged in discussions with other Members of Council for the Municipality to ensure that a member of her immediate family would be appointed to a paid position on the Zoning Hearing Board of the Municipality; and Gaydos, 21-032 Page 20 (3) When she failed to correctly file her Statements of Financial Interests for calendar years 2017, 2018, 2019, and 2020 by failing to complete the section regarding disclosure of real estate interests on her 2017 and 2019 calendar year forms and by failing to list her governmental entity on her 2018 and 2020 calendar year forms. Per the Consent Agreement, the Investigative Division has exercised its prosecutorial discretion to nolle pros the allegation regarding Gaydos'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 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 I I03(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 Gaydos, 21-032 Page 21 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. Gaydos 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 raid-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 HRC allows for the Zoning Hearing Board of the Municipality ("ZHB") to be composed of either three or five Members. Beginning in April 2014, the ZHB was composed of three Members. The ZHB routinely meets once per month, and its Members are eligible to receive a stipend of $150.00 for each meeting attended. Throughout 2020, the ZHB Members were James Rosipal, Gary Grysiak ("Grysiak"), and Lawrence D'Augustino. One vacancy on the ZHB was due to exist at the end of 2020 as Grysialc's term on the ZHB was due to expire at the end of December 2020. In October 2020, Grysiak expressed to the Municipal Manager his interest in being appointed to a second term on the ZHB. 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 ZHB. Interested individuals were directed to forward a letter of interest and a resume to the Municipal Manager. On November 6, 2020, Michael Gaydos ("M. Gaydos"), who is Gaydos's spouse, expressed his interest in serving on the ZHB to the Municipal Manager by email. At the November 10, 2020, legislative meeting of Council, the Solicitor of the Municipality requested authorization to advertise an ordinance for the expansion of the ZHB from three to five Members. After Gaydos seconded a motion to advertise for the expansion of the ZHB, Council voted unanimously to approve the motion. The Municipality subsequently placed an advertisement in the Pittsburgh Post -Gazette which provided, in pertinent part, that at Council's December 8, Gam, 21-032 Page 22 2020, legislative meeting, Council would consider an ordinance to expand the ZHB from three to five Members. 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. The list identified M. Gaydos, Grysiak, and Andrew Wilkins ("Wilkins") as individuals interested in serving on the ZHB. At some point prior to December 8, 2020, Gaydos personally approached Council Member Bob Williams ("Williams") and requested his support for the nominations of her spouse and the spouses of other Council Members to fill vacancies on the Municipal Bodies. 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 vacancies on the Municipal Bodies, including the names of M. Gaydos, Grysiak, and Wilkins for the ZHB, Council voted 5-2 to formally approve the nominations of the individuals. Gaydos voted in favor of approving the individuals' nominations. At the time of Council's vote, there was one vacancy to be filled on the ZHB for 2021. Later during the December 8, 2020, legislative meeting, Gaydos motioned, seconded by Poach, to approve Municipal Ordinance No. 2725, which would expand the ZHB from three to five Members. Council voted 5-2 to approve Municipal Ordinance No. 2725, with Gaydos voting in favor of approving Municipal Ordinance No. 2725. The approval of Municipal Ordinance No. 2725 resulted in a total of three vacancies to be filled on the ZHB for 2021. At Council's January 12, 2021, legislative meeting, vacancies on the Municipal Bodies were filled by the appointment of nominees. During the meeting, Erosenko motioned, seconded by Council Member Ronald Harvey, to appoint M. Gaydos to one of the two new seats on the ZHB that had been created by the approval of Municipal Ordinance No. 2725. The motion carried by a vote of 4-2-1, with Gaydos abstaining from the vote. M. Gaydos's term on the ZHB was to run from January 2021 through December 2025. From February 2021 through October 2022, M. Gaydos received seventeen payments totaling $2,850,00 from the Municipality for serving on the ZHB. Sixteen of the payments, totaling $2,700.00, were deposited into the Gaydos's 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: 3. The Investigative Division will recommend the following in relation to the above allegations: Gaydos, 21-032 Page 23 a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Gaydos used the authority of her public position for the private pecuniary benefit of herself and/or a member of her immediate family by engaging in discussions with other Members of Council for the Municipality of Monroeville and by voting as a Member of Council for the Municipality of Monroeville to approve the nomination of a member of her immediate family to a paid position on the Zoning Hearing Board; and b. The remaining allegations be nolle prossed. 4. Gaydos agrees to make payment in the amount of $1,500.00 payable to the Municipality of Monroeville in settlement of this matter, 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. In the event that she has not already filed, Gaydos 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 2017, 2018, 2019, and 2020 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Gaydos 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. Gaydos, 21-032 Page 24 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 agreement. Consent Agreement, at 1-2. We accept the recommendation of the parties for a finding of a violation of Section I I03(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 Gaydos used the authority of her public position as a Member of Council when she requested the support of Council Member Williams for the nominations of her spouse and the spouses of other Council Members to fill vacancies on the Municipal Bodies and when she voted to approve nominations that included her spouse's nomination for a compensated seat on the ZHB. 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 Gaydos used the authority of her public position for the private pecuniary benefit of herself and/or a member of her immediate family by engaging in discussions with other Members of Council and by voting to approve the nomination of a member of her immediate family to a paid position on the ZHB. As part of the Consent Agreement, Gaydos has agreed to make payment in the amount of $1,500.00 payable to the Municipality and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Gaydos has agreed 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 she has not already done so, Gaydos has agreed to file complete and accurate amended Statements of Financials Interests for calendar years 2017, 2018, 2019, and 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 Gaydos file complete and accurate amended Statements of Financial Interests for calendar years 2017, 2018, 2019, and 2020, notwithstanding the nolle pros as to the allegation regarding Gaydos's Statements of Financial Interests. Accordingly, per the Consent Agreement of the parties, Gaydos is directed to make payment in the amount of $1,500.00 payable to the Municipality of Monroeville and forwarded to this Commission by no later than the thirtieth (30'h) day after the mailing date of this adjudication and Order. Gaydos 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. Gaydos, 21-032 Page 25 To the extent she has not already done so, Gaydos is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2017, 2018, 2019, and 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: 1. As a Member of Council for the Municipality of Monroeville, Allegheny County, Pennsylvania, from January 6, 2014, to January 3, 2022, Respondent Linda Gaydos ("Gaydos") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et s� 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Gaydos used the authority of her public position for the private pecuniary benefit of herself and/or a member of her immediate family by engaging in discussions with other Members of Council for the Municipality of Monroeville and by voting to approve the nomination of a member of her immediate family to a paid position on the Zoning Hearing Board of the Municipality of Monroeville. In Re: Linda Gaydos, File Docket: 21-032 Respondent Date Decided: 10/4/23 Date Mailed: 10/6/23 ORDER NO. 1824 A violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Linda Gaydos ("Gaydos"), as a Member of Council for the Municipality of Monroeville, Allegheny County, Pennsylvania, used the authority of her public position for the private pecuniary benefit of herself and/or a member of her immediate family by engaging in discussions with other Members of Council for the Municipality of Monroeville and by voting to approve the nomination of a member of her immediate family to a paid position on the Zoning Hearing Board of the Municipality of Monroeville. 2. Per the Consent Agreement of the parties, Gaydos is directed to make payment in the amount of $1,500.00 payable to the Municipality of Monroeville and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30t") day after the mailing date of this Order. 3. Gaydos 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 she has not already done so, Gaydos is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2017, 2018, 2019, and 2020 with the Municipality of Monroeville, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30") day after the mailing date of this Order. 5. 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, A/ -- Michael A. Schwartz, Chair