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HomeMy WebLinkAbout1311 GardeckiIn Re: Carol Gardecki File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Daneen E. Reese Donald M. McCurdy Michael Healey Paul M. Henry Raquel K. Bergen 02- 075 -C2 Order No. 1311 March 11, 2004 March 26, 2004 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Act, Act 9 of 1989, P.L. 26, 65 P.S. §§ 401 et seq., as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation(s). Upon completion of its investigation the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was held. The record is complete. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Gardecki 02- 075 -C2 Page 2 I. ALLEGATION: That Carol Gardecki, a (public official /public employee) in her capacity as a Member and Vice President of West Lawn Borough Council violated the following provisions of the State Ethics Act (Act 93 of 1998) when she used the authority of her office for private pecuniary gain of herself and /or a member of her immediate family, including but not limited to participating in actions of council resulting in the hiring of her son, and her subsequent votes of council to set salary, as well as approve payments to her son. Section 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). Section 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public f of ce or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. §1102. II. FINDINGS: A. Pleadings 1. On September 20, 2002, a letter was forwarded to Carol Gardecki, by the Investigative Division of the State Ethics Commission informing her that a complaint against her was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, no. 7001 1940 0001 2179 5506. b. The domestic return receipt bore the signature of Carol Gardecki, with a delivery date of September 24, 2002. 2. Periodic notice letters were forwarded to Carol Gardecki in accordance with the provisions of the Ethics Law advising her of the general status of the investigation. 3. The Investigative Complaint was mailed to the Respondent on March 19, 2003. 4. Carol Gardecki has served continuously as a Councilwoman for the Borough of West Lawn since January 1994. a. Gardecki previously served as a member of council in 1991 and during the Gardecki 02- 075 -C2 Page 3 1970's. 5. Gardecki holds the following positions with the borough. a. Vice President of Council. b. Chairman of Property and Supply and Hall Rental Committees. c. Gardecki also holds positions on the Lights, Walks, Recreation and Streets Committees. 6. Carol Gardecki's positions as Vice President and Chairwoman of Property, Supply and Hall Rental Committee are bi- annual appointments made by West Lawn Borough Council President Lee Vanino. 7. Carol Gardecki has worked on a part -time basis for West Lawn Borough assisting with snow shoveling or [sic] sidewalks around the borough buildings. a. She is paid an hourly wage set by council for part -time employees. b. These hours have been minimal over the past four years. 8. Carol Gardecki participated in actions as a member of West Lawn Borough Council to set wages by resolution for part -time employees. Year Resolution No. Rate 1998 1151 $5.50 /hour part -time 1999 1163 $6.50 /hour part -time 2000 1179 $6.75 /hour part -time 2001 1193 $7.00 /hour part -time 2002 1207 $9.00 /hour part -time 9. West Lawn Borough has a rental policy for use of the borough community hall and adjacent meeting rooms to interested individuals or organizations for specified fees. a. No fee schedule exists in borough records for years prior to 2002. b. The borough has retained the services of a hall rental agent to accept reservations, to collect fees and arrange for clean -up. 10. As Chairperson of Property, Supply and Hall Rental Committee, Carol Gardecki oversees functions of the hall rental program for West Lawn Borough. a. This includes responsibility for supervising the hall rental agent, directing the cleaning and maintenance of the borough hall. 11. Michael Gardecki is the son of Carol Gardecki. a. Since approximately 1982, Michael Gardecki has worked in numerous capacities for the Borough of West Lawn. 1. Gardecki began employment as a teenager, performing cleaning duties for the borough hall. 12. Michael Gardecki began serving in the position of hall rental agent on or around March 6, 1990, when the former rental agent terminated his employment. a. Carol Gardecki was not a member of council when Michael Gardecki began serving as hall rental agent. Gardecki 02- 075 -C2 Page 4 13. Minutes of January 7, 2002, reorganization meeting of West Lawn Borough Council confirmed the re- appointment of Michael Gardecki as hall rental agent. a. The motion to appoint Gardecki made by Councilman Yost and seconded by Carol Gardecki, and unanimously approved by council was part of a list of appointments. 14. Michael Gardecki's primary role as hall rental agent is to take reservations for hall space, collect rental fees, work at, and hire individuals to assist him in functions pertaining to events held at the borough hall. a. Michael Gardecki is the primary contact for reservations for hall rentals. 1. Michael Gardecki's name and home phone number appear on borough bulletin boards, borough newsletters, borough answering machine recordings, and the local telephone book. b. Gardecki also work[ed] at functions as bartender and is responsible for janitorial services following events at the hall. 15. Michael Gardecki receives payments from individuals for hall rental both in cash and check. a. Gardecki retains cash and checks collected as [sic] his personal residence and remits the funds to the borough at regular monthly meetings. b. Gardecki compiles a monthly list known as hall rental sheets which identifies the following: 1. Date of rental 2. Person /group renting 3. Fee 4. Amount collected for rental, beverages and deposits 5. Allocations of hall expense 16. Michael Gardecki has the discretion to hire part -time help to assist him in...cleaning duties at the borough hall. a. This practice has existed prior to Michael Gardecki being assigned the hall rental agent in March 1990. 17. Michael Gardecki has used the services of the following individuals to assist with bartending or hall clean -up. a. Carol Gardecki b. Andrew Kirby c. John Sheparak 18. The part -time help utilized by Michael Gardecki are paid a flat fee for services rendered. a. A $20.00 [fee] for assisting with clean -up. b. A $25.00 fee for assisting with bartending. c. If a worker did clean -up or bartending alone, the worker would be paid $40.00 for cleaning and $50.00 for bartending. Gardecki 02- 075 -C2 Page 5 19. The hall rental sheet prepared by Michael Gardecki is a monthly report regarding hall rental fees which is submitted to Treasurer Phyllis Hall. a. All fees collected by Gardecki are to be turned over to Treasurer Hall. 20. Michael Gardecki makes the determination [of] which individual to use for cleaning and bartending services. 21. Michael Gardecki provided a statement to an investigator for the State Ethics Commission confirming that he has used the services of his mother, Carol Gardecki, for cleaning and bartending at the borough hall. 22. Carol Gardecki was paid as follows for bartending and clean -up duties at the borough hall. Year Bartender Clean -up Total 1998 - $1,160.00 $1,160.00 1999 $150.00 $1,010.00 $1,160.00 2000 - $1,320.00 [sic] $1,320.00 [sic] * 2001 - $2,000.00 $2,000.00 2002 - $1,380.00 $1,380.00 (thru July) Total $7,020.00 [sic] * *Given that Gardecki's wages for tax year 2000 is $1,303.25 (See, Fact Finding 31), the total becomes $7,003.25. 23. Compensation paid to borough hall workers is approved during monthly meetings of council. a. Salaries for employees are included on bill lists reviewed by council. 24. Bill lists are provided to council members before West Lawn Borough's monthly meeting by the Chairperson of the Finance Committee. a. Council members have the opportunity to review the bill lists prior to approval. b. Actual bills are presented at monthly meetings for council member's perusal. c. Bills presented include payments to the hall rental agent and part -time workers for the hall. d. Council members vote to approve the bill lists as a whole. 1. Employee payroll is an item included in each month's bill list. 25. Carol Gardecki has received monthly bill lists which have included listings of compensation for both her son and her. 26. The following list details actions by Carol Gardecki in voting to approve wages earned by herself, and her son, Michael Gardecki. Month/Year Vote by Carol Gardecki January 5, 1998 Yes February 3,1998 Yes March 3, 1998 Yes April 7, 1998 Yes Gardecki 02- 075 -C2 Page 6 May 5, 1998 June 2, 1998 July 7, 1998 August 4, 1998 Month/Year September 1, 1998 October 6, 1998 November 3, 1998 December 1, 1998 January 4,1999 February 2, 1999 March 2, 1999 April 6, 1999 May 4, 1999 June 1,1999 July 6, 1999 August 2, 1999 September 7, 1999 October 5, 1999 November 2, 1999 December 7, 1999 January 3, 2000 February 8, 2000 March 7, 2000 April 4, 2000 May 2, 2000 June 6, 2000 July 3, 2000 August 2, 2000 September 5, 2000 October 3, 2000 November 7, 2000 December 5, 2000 December 28, 2000 January 2, 2001 February 6, 2001 March 6, 2001 April 3, 2001 May 1,2001 June 5, 2001 July 3, 2001 August 7, 2001 September 4, 2001 October 2, 2001 November 8, 2001 December 4, 2001 January 7, 2002 February 5, 2002 March 5, 2002 April 2, 2002 May 7, 2002 June 4, 2002 July 2, 2002 August 6, 2002 September 3, 2002 October 1, 2002 November 5, 2002 Yes Yes Yes Yes, Second Motion Vote by Carol Gardecki Yes, Second Motion Yes, Second Motion Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Absent from meeting Yes Yes Yes Yes Yes Yes Yes Yes Absent from meeting Yes Yes Yes Yes Yes Yes Yes Yes Yes Abstained Abstained Yes, Motion Abstained Yes Abstained Abstained Yes Gardecki 02- 075 -C2 Page 7 December 5, 2002 December 30, 2002 Date Payee 1998 0170 Carol Gardecki 01/05/98 Michael Gardecki 02/03/98 Carol Gardecki 02/03/98 Michael Gardecki 03/03/98 Carol Gardecki 03/03/98 Michael Gardecki 04/07/98 Carol Gardecki 04/07/98 Michael Gardecki 05/05/98 Carol Gardecki 05/05/98 Michael Gardecki 06/05/98 Carol Gardecki 06/05/98 Michael Gardecki 07/07/98 Carol Gardecki 07/07/98 Michael Gardecki 08/04/98 Carol Gardecki 08/04/98 Michael Gardecki 09/01/98 Carol Gardecki 09/01/98 Michael Gardecki 10/06/98 Carol Gardecki 10/06/98 Michael Gardecki 11/03/98 Carol Gardecki 11/03/98 Michael Gardecki 12/01/98 Carol Gardecki 12/01/98 Michael Gardecki 12/30/98 Carol Gardecki 12/30/98 Michael Gardecki 1999 02702799 Carol Gardecki 02/02/99 Michael Gardecki 03/02/99 Carol Gardecki 03/02/99 Michael Gardecki 04/06/99 Carol Gardecki 04/06/99 Michael Gardecki 05/04/99 Carol Gardecki 05/04/99 Michael Gardecki Absent Yes 27. Carol Gardecki abstained from voting top approve bill lists on five (5) occasions between April and December 2002. a. Gardecki had informally been informed by a member of council that it could be a conflict of interest to vote to approve salaries for her family members and her. b. Prior to 2002, Gardecki voted on 47 of 49 bill lists which included payments to her son and her. 28. Following approval of bill lists checks are issued which require two signatures from among the President and Vice President of Council and the borough treasurer. a. As council vice - president, Gardecki only occasionally signed checks. 29. The following documents payments from the Borough of West Lawn to Carol and Michael Gardecki for the years 1998 to 2002 and whether Carol Gardecki signed checks. Amount Check No. Signed $121.68 2477 No $221.37 2479 No $33.13 2503 No $170.90 2505 No $59.69 2545 No $141.68 2547 No $90.90 2592 No $190.38 2594 No $50.84 2630 No $140.73 2631 No $83.55 2694 Yes $216.95 2695 Yes $103.97 2709 No $323.21 2710 No $50.84 2758 No $323.21 2759 No $68.55 2790 No $323.21 2791 No $68.55 2726 No $270.08 2727 No $68.55 2771 No $411.76 2772 No $50.84 2818 No $420.61 2819 No $50.84 2876 No $110.69 2868 No $165.95 2920 No $194.81 2921 No $50.84 2968 No $199.24 2969 No $68.55 3027 No $123.97 3028 No $50.84 3073 Yes $185.01 3074 Yes Gardecki 02- 075 -C2 Page 8 Date 06/01 /99 06/01/99 07/06/99 07/06/99 08/05/99 08/05/99 09/01/99 09/14/99 09/10/99 10/14/99 10/07/99 11/10/99 11/14/99 12/15/99 12/14/99 2000 01/04/00 01/05/00 02/15/00 03/23/00 03/09/00 04/18/00 04/20/00 05/05/00 06/12/00 06/01/00 07/10/00 07/13/00 08/03/00 08/22/00 10/11/00 10/12/00 09/13/00 09/18/00 11/10/00 11/16/00 12/18/00 12/31/00 2001 01/02/01 01/02/01 02/06/01 02/06/01 03/06/01 03/06/01 04/03/01 05/01/01 06/05/01 06/05/01 07/03/01 07/03/01 08/07/01 08/07/01 09/04/01 09/04/01 10/02/01 PPa eeee Carol aG rdecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Michael Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Amount Check No. $1 3115 $68.55 3155 $256.79 3156 $50.84 3211 $203.66 3205 $13.66 3231 $106.26 3250 $68.55 3248 $33.13 3293 $123.97 3295 $287.79 3339 $119.91 3337 $33.13 3391 $274.50 3392 $68.55 $212.52 $111.50 $177.10 $166.82 $58.75 $229.28 $50.84 $121.68 $256.79 $103.97 $115.11 $33.14 $132.84 $86.26 $239.09 $17.71 $380.76 $121.68 $163.81 $70.84 $103.97 $139.39 $35.42 $172.59 $75.27 $186.09 $39.84 $209.87 $157.00 $139.39 $43.33 $86.26 $150.54 $139.39 $92.98 $121.68 $70.84 $68.55 3431 3432 3480 3528 3527 3576 3577 3624 3667 3625 3717 3718 3755 3756 1082 1083 1039 1040 1135 1136 1183 1182 1011 1012 1057 1058 1103 1104 1151 1199 1241 1242 1277 1278 1332 1333 1377 1378 1417 Signed 0 No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Checks not available after December 31, 2000 Gardecki 02- 075 -C2 Page 9 Date 10/02/01 11/06/01 11/06/01 12/04/01 12/04/01 2002 01/07/02 01/07/02 02/05/02 02/05/02 03/05/02 03/05/02 04/02/02 04/02/02 05/07/02 05/07/02 06/04/02 06/04/02 07/02/02 07/02/02 08/06/02 09/03/02 09/03/02 11/15/02 11/05/02 12/03/02 12/03/02 12/30/02 12/30/02 Tax Year 1998 1999 2000 2001 2002 Payee Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki Michael Gardecki Carol Gardecki $ 1,320.00 $ 1,188.00 $ 1,303.25 $ 2,200.00 $ 1,380.00 Amount $88.55 $174.81 $123.97 $103.97 $141.68 $ 53.55 [sic] $ 16.95 [sic] $ 50.84 $ 185.01 Check No. 1418 1470 1471 1517 1518 $121.68 1558 $115.11 1559 $157.10 1602 $150.54 1603 $121.68 1655 $106.26 1656 $121.68 1698 $212.52 1699 $139.39 1745 $149.59 1746 $157.10 1795 $70.84 1795 $50.84 1837 $106.26 1838 $316.20 1883 $221.94 1928 $17.71 1929 $121.68 $70.84 $194.06 $142.57 $121.68 $161.59 Michael Gardecki $ 3,698.00 $ 2,660.00 $ 2,470.00 $ 985.00 $ 910.00 (thru July) Signed 30. Carol Gardecki signed checks issued to Michael Gardecki and her[self] on the following dates: June 5, 1998: 2630 [sic] 2631 [sic] May 4, 1999: 3073 3074 31. The following chart represents wages earned by Carol & Michael Gardecki as reported on W -2 Wage and Tax Statements from 1998 to 2001. 32. In or about June 2002 questions were raised before council concerning the procedures used for the collection of hall rental fees. 33. An independent auditing firm of Maillie, Falconiero & Co. was retained by the borough to review the hall rental records. a. Maillie & Falconiero reviewed information provided to them by the Borough of West Lawn, including leases, hall rental sheets, deposit tickets and bank statements. Gardecki 02- 075 -C2 Page 10 b. Maillie & Falconiero made no determination regarding the accuracy of the hall rental funds claimed as received by the borough. 34. Maillie & Falconiero noted in a report to the borough dated September 12, 2002, of its findings including: a. No main rental log was available or maintained. b. The report noted that a log should be kept of all daily rentals indicating who used the space and the time interval when the space was used. 35. Following receipt of the Maillie & Falconiero report, the borough required groups/ persons using the hall to complete a rental form. a. The borough also formally established rates to be charged for various uses of the hall. b. No changes were made in relation to fees collected by Michael Gardecki and turned over to Phyllis Hall. c. Michael Gardecki continues to make decisions regarding part -time help for clean -up and bartending. 36. Gardecki voted on Michael Gardecki's re- appointment as hall rental agent on January 2, 2002. 37. Carol Gardecki, as chairperson of the Property and Supply Committee, supervised Michael Gardecki's duties as hall rental agent. 38. Gardecki voted to approve payments on 47 of 49 times between 1998 and 2001 issued to Michael Gardecki and her. B. Testimony 39. Lee Louis Vanino (Vanino) is President of West Lawn Borough Council, having served as Council President for the past eight years. a. Borough Council consists of seven members who are elected to serve two or four year terms on a staggered basis. b. As Council President, Vanino oversees the Borough meetings and Borough committees. c. One of the committees Vanino oversees is the Property and Supply Committee. (1) Carol Gardecki serves as Chair of the Property and Supply Committee. (a) Council members who serve as committee chairs do not receive compensation as committee chairpersons, however, they do receive wages as part -time Borough employees when they provide actual services to the Borough. (2) As Chair of the Property and Supply Committee, Gardecki is in charge of maintaining the properties of the Borough, which include two playgrounds, the Borough garage, a park, and the Borough Hall. In Gardecki's role as Chair, she has changed light bulbs in the library, cleaned the outside of the building, planted flowers, raked leaves, (3) Gardecki 02- 075 -C2 Page 11 (4) As Chair of the Property and Supply Committee, Carol Gardecki has, on occasion, shoveled snow as a part -time Borough employee. d. The Borough, through the Property and Supply Committee, leases out the auditorium and office space in the Borough Hall. e. The Borough receives approximately $30,000 per year in rental income for renting the Borough Hall. f. Michael Gardecki is the Hall Rental Agent for the Borough. (1) Michael Gardecki is Carol Gardecki's son. (2) As the Hall Rental Agent, Michael Gardecki is solely responsible for scheduling events for individuals or groups who wish to rent the auditorium in the Borough Hall. Michael Gardecki unofficially assumed the position of Hall Rental Agent when his predecessor decided not to continue in this position. (4) Michael Gardecki was officially appointed to the position of Hall Rental Agent at Borough Council's reorganization meeting of January 7, 2002. Carol Gardecki seconded the motion to appoint Michael Gardecki as Hall Rental Agent at the Borough's reorganization meeting of January 7, 2002. g. (3) (5) (3) mulched, and driven her personal vehicle to pick up supplies, often on a volunteer basis. (6) Vanino was not aware of any votes other than the votes taken at the January 7, 2002 reorganization meeting to appoint Michael Gardecki as Hall Rental Agent. Michael Gardecki does not receive a salary or commission as Hall Rental Agent, but does receive payment for other duties including setting up for an event and cleaning up after an event. (1) Michael Gardecki has used assistants in the past to help him set up and clean up before and after scheduled events at the Borough Hall. (2) Individuals whom Michael Gardecki wished to hire as assistants were to be cleared by Borough Council as part -time employees; however, assistants were hired at the recommendation of either Michael Gardecki or Carol Gardecki. Carol Gardecki, as a part -time Borough employee, assisted Michael Gardecki in the set up and clean up of the Borough Hall. h. The Borough adopts resolutions each year setting hourly rates for part -time help. (1) As President of Borough Council, Vanino signed annual resolutions setting the hourly rates for part -time help for calendar years 1998 through 2002. (2) Carol Gardecki presented Resolution No. 1207 setting the hourly rate for part -time Borough employees for calendar year 2002. Gardecki 02- 075 -C2 Page 12 Carol Gardecki voted to approve bill lists containing payments to herself and to Michael Gardecki. (1) After another Council member attended a seminar and reported back to Council that it was inappropriate for council members to vote to approve payments to themselves, Carol Gardecki, on several occasions, abstained from voting to approve payments to herself and to Michael Gardecki. (2) Council members have been fairly stringent in abstaining from voting to approve payments to themselves; however, "there [have] been "slip -ups in that procedure." (3) The procedure which the Borough uses to pay bills is as follows: (a) Bills first pass through the Borough Secretary, who sends them to the Treasurer, who compiles a list of bills. (b) The Treasurer turns the bills and the list of bills over to the Chair of the Finance Committee, who reviews the bills and has the opportunity to question or make recommendations to the Treasurer. (3) (f) (c) On the night of the Council meeting, every Council member receives a copy of the list of bills. (d) If a Council member has a question about a bill, the Treasurer can pull the original so that Council has the opportunity to discuss the bill before paying it or table the bill until more information can be obtained. (e) A motion is made to pay the bills, after which, a motion is made to have the Treasurer pay the bills. The Borough pays its bills by check, which require four signatures. 40. James A. Pachuilo, Jr. (Pachuilo) is a member of the West Lawn Borough Council, having served for three and a half years. a. Shortly after Pachuilo was elected to Borough Council, he attended a Pennsylvania State Association of Boroughs seminar for newly elected public officials. (1) At the seminar, Pachuilo learned that members of Council should abstain from voting to pay their own wages. (2) At the next Council meeting following the seminar, Pachuilo relayed this information to the other Council members, including Carol Gardecki. Carol Gardecki then began to abstain on voting to approve payments to herself and to her son, Michael Gardecki. 41. Phyllis Hall (Hall) is the Treasurer for West Lawn Borough, having served as Treasurer since 1985 or 1986. a. As Borough Treasurer, one of Hall's responsibilities is paying the Borough's bills. Gardecki 02- 075 -C2 Page 13 (1) The day before the Council meeting, Hall turns over the bills and the list of bills to the Chair of the Finance Committee. (2) Each Council member has the opportunity to look at all of the bills, invoices and statements prior to payment. At the Council meeting, a motion is made to pay the bills and transfer the necessary funds, after which, the bills are returned to Hall for payment. (3) (4) The Borough pays its bills with checks, which require at least two signatures. The following are authorized to sign Borough checks: Council President, Council Vice President, Borough Secretary, and Borough Treasurer. b. Hall is also responsible for collecting and depositing the proceeds from the rental of the Borough Hall, which proceeds are turned in to her by Michael Gardecki and Carol Gardecki. (5) (1) When Hall collects the rental proceeds, she obtains a receipt sheet prepared by Michael Gardecki, which reflects the amount of rent received and the amount owed to each individual who helped clean the Borough Hall. (a) The cost for cleaning the Borough Hall is a $40 flat fee per event, or $20 per person. (b) The $40 flat fee has been in place since the mid 1980's when Hall began her tenure as Borough Treasurer. (c) The $40 flat fee has never been discussed or questioned by Borough Council. (d) Individuals who help clean up the Borough Hall after an event are not paid pursuant to the annual resolutions adopted by Borough Council setting the wages for part -time Borough employees. (2) Hall totals the amount owed to each individual on the receipt sheet and hands the receipt sheet in to the "Finance Director" for approval. Hall then prepares the payroll checks pending the "Finance Director's" approval. (3) (4) After obtaining the "Finance Director's" approval, Hall releases the payroll checks. 42. Carol Gardecki (Gardecki) is a member of the West Lawn Borough Council, having served for approximately 28 nonconsecutive years. a. Gardecki also serves as Chair of the Property and Supply Committee. (1) As Chair of the Property and Supply Committee, Gardecki oversees the maintenance, repair and general appearance of the Borough's properties. (2) Gardecki supervises several part -time Borough employees who help her carry out the functions of the Property and Supply Committee. Gardecki 02- 075 -C2 Page 14 If Gardecki cannot obtain part -time help to shovel snow, she is responsible for shoveling snow, for which she receives compensation as a part -time Borough employee. (4) Gardecki performs other duties on a volunteer basis such as picking up supplies with her personal vehicle, planting flowers, and changing light bulbs in the library. (3) b. Gardecki testified that when Michael Gardecki took over the position of Hall Rental Agent, she was serving as a member of Borough Council. (1) Gardecki testified that Michael Gardecki took over the position of Hall Rental Agent at the request of his predecessor, who resigned. (a) Gardecki testified that Michael Gardecki's agreement to take over as Hall Rental Agent was mentioned in his predecessor's letter of resignation, and that no vote by Council was ever taken, as evidenced in the November 6, 1989 minutes of Borough Council. c. Gardecki testified that she seconded the motion to appoint Michael Gardecki as Hall Rental Agent at Borough Council's Reorganization Meeting of January 7, 2002. d. Gardecki testified that Michael Gardecki does not receive any compensation for being the Hall Rental Agent. e. Gardecki testified that Michael Gardecki does receive compensation for the set- up and clean -up of the Borough Hall. f. Gardecki testified that as Hall Rental Agent, Michael Gardecki has the authority to hire assistants whom the Borough pays. (1) Individuals assisting in setting up and cleaning up the Borough Hall are not paid as part -time Borough employees, but are paid a flat fee of $40, which fee is typically split between two people. (2) Gardecki testified that the $40 flat fee is not based upon the number of hours worked, which could exceed eight hours. (3) Gardecki testified that the $40 flat fee had been in place for as long as she could remember. g. (4) Gardecki testified that between 1998 and December 2000, Andy Kirby assisted Michael Gardecki on 107 occasions. (5) Gardecki testified that in the last five years, John Sheparak assisted Michael Gardecki on 146 occasions. (6) Gardecki testified that between January 1998 and August 2002, she assisted Michael Gardecki on 283 occasions. (7) Gardecki testified that the monies that were paid to assistants were paid out of the revenues received for the rental of the auditorium. Gardecki testified that Michael Gardecki performs other duties relative to the Borough Hall, for which he does not receive compensation. (1) Services for which Michael Gardecki does not receive compensation Gardecki 02- 075 -C2 Page 15 h. During the time period of 1998 to 2001, the Borough provided alcoholic beverages for a fee and bartending services for a fee. (1) When Michael Gardecki bartended with another person, he would split the fee with that person. (2) After the event, Michael Gardecki and the person who helped him bartend would clean up the Borough Hall together. Gardecki testified that the Borough stopped providing alcoholic beverages and bartending services for events in January 2001, making it nearly impossible for Michael Gardecki to find someone to help him clean up the Borough Hall in the early hours of the morning. (4) Gardecki testified that she worked as a bartender and helped her son clean up the Borough Hall when he could not find anyone else to help him. Gardecki testified that when she worked as a bartender and helped clean up the Borough Hall, she was paid the same rates as the other Hall workers, John Sheparak and Andy Kirby. (6) Gardecki testified that Michael Gardecki had no discretion as to the amounts paid to any Hall worker. j. (3) (5) Gardecki testified that she was present when Councilman Pachuilo relayed information regarding municipal ethics to his fellow Council members. (1) Gardecki testified that after Pachuilo's report, she abstained from voting for payments to herself and /or to Michael Gardecki on five separate occasions through December 2002, but voted on four other occasions to approve the bills during that same period, stating, "[O]Id habits die hard. I forgot to abstain. And I just said yes when we voted to pay the bills." (2) Gardecki testified that as a Council member, she had the opportunity to review the bill list and to ask any questions prior to voting to approve payments, and that she could have abstained from voting to approve payments to herself or to her son. Gardecki testified that prior to 2002, she participated in 47 out of 49 votes to approve bill lists that included payments to herself and to Michael Gardecki. (3) include taking telephone calls, showing the Borough Hall to interested parties, meeting with parties to sign the contract and to receive the rental payment, and unlocking the Borough Hall to allow parties access to the facility. Gardecki as a Council member participated in approving the annual resolutions of Borough Council setting the wages for part -time Borough employees. (1) Each annual resolution sets forth separate rates for snow shovelers. (2) When Gardecki shoveled snow for the Borough, she received wages in accordance with the rate set by the resolution in effect for that year. k. Gardecki testified that she might have signed a check payable to herself, but could not recall such an instance; that if she signed any checks payable to Gardecki 02- 075 -C2 Page 16 herself and to her son, it was probably at a time when the President was unavailable and she had to sign a lot of other checks; and that she did not specifically pull out and sign the checks payable to herself and her son. Gardecki testified that she loaned $85,000 to the library at no interest when the funds to renovate the library fell short. (1) Gardecki testified that she obtained the $85,000 by selling property that her father willed to her and cashing in savings bonds. (2) Gardecki stated her belief that the Borough benefits from having a public library in the Borough Hall. C. Documents 43. Exhibit ID -1, pp 1 — 6 consists of a photocopy of the Minutes of the West Lawn Borough Council Reorganization Meeting of January 7, 2002. a. The Reorganization Meeting Minutes provide in pertinent part: A motion was made by Councilman Yost and seconded by Councilwoman Gardecki to appoint the following to their respective positions in the Borough: ... Hall Rental Agent- Michael Gardecki... . A roll call vote was taken. All in attendance voted "yes." The motion carried unanimously... . Minutes of the West Lawn Borough Council Reorganization Meeting of January 7, 2002, at 3, 4. b. The Reorganization Meeting Minutes reflect Gardecki giving a report on behalf of the Property and Supply Committee. 44. Exhibit ID -2, pp 1 — 5 consists of photocopies of annual Resolutions of West Lawn Borough setting the hourly rates for part -time help for calendar years 1998 through 2002. a. Exhibit ID -2, p 1 is a photocopy of Resolution No. 1151 which provides in pertinent part: Resolved, That the hourly rate for Part -Time help be set at $5.50 per hour except for snow plowing which is set at $6.50 per hour. Hourly rate for snow shovelers is set at $7.00 per hour. All effective January 1, 1998. West Lawn Borough Council Resolution No. 1151. b. Exhibit ID -2, p 2 is a photocopy of Resolution No. 1163 which provides in pertinent part: Resolved, That the hourly rate for Part -Time Help be set at $6.50 per hour except for snow plowing which is set at $7.00 per hour. Hourly rate for snow shovelers is set at $7.00 per hour. All effective January 1, 1999. West Lawn Borough Council Resolution No. 1163. Gardecki 02- 075 -C2 Page 17 c. Exhibit ID -2, p 3 is a photocopy of Resolution No. 1179 which provides in pertinent part: Resolved, that the hourly rate for Part -time Help be set at $6.75 per hour except for snow shoveling /plowing which shall be set at $7.25 per hour effective January 1, 2000. West Lawn Borough Council Resolution No. 1179. d. Exhibit ID -2, p 4 is a photocopy of Resolution No. 1193 which provides in pertinent part: Resolved, that the hourly rate for part -time employees of the Borough shall be set at $7.00 per hour (Seven Dollars) except for Shoevling ( [sic]/plowing work which shall be paid at the rate of $7.50 per hour Seven Dollars and Fifty Cents) for the calendar year 2001. West Lawn Borough Council Resolution No. 1193. e. Exhibit ID -2, p 5 is a photocopy of Resolution No. 1207 which provides in pertinent part: Resolved, that the hourly rate for part -time employees of the Borough shall be set at $9.00 per hour (Nine Dollars). Snow Shoveling /Plowing work which [sic] shall be paid at the rate of $9.00 (Nine Dollars) for the calendar year 2002. West Lawn Borough Council Resolution No. 1193. 1) Resolution 1193 was presented on January 7, 2002 by Carol Gardecki. 45. Exhibit ID -5, pp 1 — 14 consists of a photocopy of Admitted Findings. 46. Exhibits ID-6 and ID-7 consist of photocopies of the Borough of West Lawn Hall Rental Sheets for the months of July 1998 and January 2002, respectively. a. The Borough Hall Rental Sheets are divided into columns with the following headings: Date of Event; Person Rented To; Amount Collected; and Allocation of Hall Expense. b. The names of Mike, Andy, John, and Carol appear under the Allocation of Hall Expense heading. c. Beneath each name are subheadings for bartending and clean up. d. The Rental Sheets reflect that where an individual bartended alone, that person received a $50 flat fee; where two individuals bartended together, each individual received $25. e. The Rental Sheets reflect that where an individual cleaned up the Hall alone, that person received a $40 flat fee; where two individuals cleaned up the Hall together, each individual received $20. III. DISCUSSION: At all times relevant to this matter, the Respondent, Carol Gardecki, hereinafter Gardecki, has been a public official subject to the provisions of the Public Official and Gardecki 02- 075 -C2 Page 18 Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et se as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Gardecki, in her capacity as a Member and Vice President of West Lawn Borough Council, violated Section 1103(a ) of the Ethics Act when she participated in Council action to appoint her son to the position of Hall Rental Agent; voted to set the salary for part -time Borough employees; participated in approving payments to herself and to her son; and signed checks payable to herself and to her son. Pursuant to Section 1103a) of the Ethics Act quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Having noted the issues and applicable law, we shall now summarize the relevant facts. Gardecki is a member of the West Lawn Borough Council, a seven member board. Gardecki is also Vice President of Council and Chair of the Property and Supply Committee. As Chair of the Property and Supply Committee, Gardecki is responsible for maintaining the properties of the Borough, which include two playgrounds, the Borough garage, a park, and the Borough Hall. The Borough, through the Property and Supply Committee, leases out the auditorium and office space in the Borough Hall. Gardecki oversees the functions of the Hall rental program. Gardecki does not receive compensation for serving as a committee chair; however, she is entitled to compensation as a part -time Borough employee for performing certain services that fall within the realm of her committee, as for example, shoveling snow. In fact, on the occasions when Gardecki shoveled snow for the Borough, the Borough paid her an hourly wage as a part -time Borough employee, which hourly wage Gardecki, as a Council member, participated in setting. Specifically, the record reflects that Gardecki participated in Council action to adopt annual resolutions for calendar years 1998 through 2002 setting the wages for part -time Borough employees, including snow shovelers. Gardecki performed many of her other committee duties on a volunteer basis. For example, Gardecki often changed light bulbs in the library, cleaned the exterior of the Borough building, planted flowers on Borough ground, and picked up supplies for the Borough in her personal vehicle without turning in timesheets to the Borough. In addition to the above, Gardecki worked at the Borough Hall, assisting the Borough's Hall Rental Agent in the set -up and clean -up prior to, and after, scheduled events at the Hall. The Hall Rental Agent is Michael Gardecki, who is Gardecki's son. There is a discrepancy in the record as to whether Gardecki was serving on Council when Michael Gardecki became Hall Rental Agent for the Borough on or about March 6, 1990. The admitted pleadings indicate that Gardecki was not a member of Council at that time (Fact Finding 12a), while Gardecki's testimony is that she was (Fact Finding 42b). The factual inconsistency is immaterial, given that no action was taken by Borough Council as to Michael Gardecki at that particular time, it appearing that Michael Gardecki unofficially assumed the position of Hall Rental Agent after his predecessor resigned (Fact Findings 39f; 42b). Several years later, Gardecki did in fact participate in the official appointment of her son by seconding the motion to appoint Michael Gardecki as Hall Rental Agent at Borough Council's reorganization meeting of January 7, 2002 (Fact Finding 13(a); ID —1 pp 3 -4). Gardecki 02- 075 -C2 Page 19 As Hall Rental Agent, Michael Gardecki's primary responsibilities are to schedule events for individuals or groups who wish to rent the auditorium in the Borou9h Hall and to collect the rental fees. Michael Gardecki does not receive a salary or commission as Hall Rental Agent; however, he does receive a $40 flat fee for setting up before an event, and cleaning up after an event, which fee is typically split between two people. For example, if Michael Gardecki hires an assistant to help at the event, he receives $20 and his assistant receives $20. Before the Borou9h discontinued providing alcoholic beverages at events in 2001, Michael Gardecki was paid a $50 flat fee for bartending, which could also be split between two people. These fees have been in place since at least the mid- 1980's and have never been discussed or questioned by Borough Council. Michael Gardecki has used the services of his mother and two other individuals, namely, Andy Kirby and John Sheperak, to assist with bartending and set-up and clean -up. Between 1998 and December 2000, Andy Kirby assisted Michael Gardecki on 107 occasions, and between January 1998 and August 2002, John Sheparak and Gardecki assisted Michael Gardecki on 146 occasions and 283 occasions, respectively. The assistants' wages were paid out of the revenues received for the rental of the auditorium, which totaled approximately $30,000 per year. For the years 1998 through July of 2002, Gardecki was paid $7,003.25 for bartending and clean -up duties at the Borough Hall (Fact Finding 22). The W -2 Wage and Tax Statements for Michael Gardecki for tax years 1998 through 2002 reflect that he received $10,723.00 from the Borough (Fact Finding 31). Gardecki received monthly bill lists which included listings of compensation for herself and for Michael Gardecki. Gardecki, like any other Council member, had the opportunity to question any invoice on the bill list before voting for its approval; however, between 1998 and 2001, she voted to approve 47 out of 49 bill lists which included payments to herself and to her son (Fact Findings 27; 38 ). After hearing a fellow Council member's report that it was unethical for public officials to vote to pay their own wages, Gardecki abstained from voting to approve payments to herself and to Michael Gardecki on five separate occasions through December 2002, but then voted on four other occasions to approve the bill list during that same period (Fact Finding 41 i). Finally, during 1998 and 1999, Gardecki signed four checks payable to herself or to Michael Gardecki. Two of the checks were payable to Gardecki in the amounts of $83.55 and $50.84, while the other two were payable to Michael Gardecki in the amounts of $216.95 and 185.01 (Fact Finding 29). As to the above facts, both parties have filed briefs in support of their respective positions. The Investigative Division argues that Gardecki violated Section 1103(a) of the Ethics Act when, as a member of the West Lawn Borough Council, she voted to appoint her son, Michael Gardecki to the position of Hall Rental Agent, and voted to approve the payment of bills to Michael Gardecki for services rendered in his capacity as Hall Rental Agent, which uses of authority of office resulted in a private pecuniary gain of $7,020.00 to Gardecki, and $10,723.00 to Michael Gardecki. In addition, the Investigative Division argues thatdeminimis and class /subclass exclusions to the definition of "conflict" or "conflict of interest" do not apply. Respondent argues that the de minimis and class /subclass exclusions to the definition of "conflict' or "conflict of interest" do apply. As to the de minimis exclusion, Respondent argues that the Borough's annual budget was approximately $1,000,000; the revenue derived from the rental of the Borough Hall was on average $30,000 per year; the annual payments to Gardecki and Michael Gardecki averaged $1,478.00, and $2,144.00, respectively; Michael Gardecki made in excess of $30,000 per year for his regular employment; and Gardecki was financially independent and had sufficient resources to lend the West Lawn Library $85,000 Gardecki 02- 075 -C2 Page 20 without interest. As to the class /subclass exclusion, Respondent argues that "both Gardecki and Michael Gardecki received the same pay as those of the general public in the same class received for the same work." We must now determine whether the actions of Gardecki violated Section 1103(a) of the Ethics Act. With respect to Respondent's argument that the de minimis exclusion applies, we note the following. Since the fundamental concept of a conflict centers upon the use of public office to obtain a private pecuniary benefit, the exclusions from conflict relate to two types of instances where the financial gain that is obtained is nevertheless not deemed (excluded from) a conflict. In applying the above definition of de minimis in the context of the overall intendment of the statutory definition of conflict, this exclusion relates to those pecuniary benefits received through the use of office where the financial gain is an economic consequence of insignificant effect. In short, this exclusion relates to financial gains that are so small that they do not rise to the level of a conflict. See, Schweinsburq, Order 900. The exclusion is based upon a practical and legitimate consideration of cases involving insignificant amounts of financial gain that should not be considered as rising to the level of a conflict of interest. Respondent's argument that the financial benefit to Gardecki and Michael Gardecki is de minimis based upon a relative comparison of the Borough's annual budget, the average annual revenue obtained from the rental of the Borough Hall, Michael Gardecki's average income from his regular job, Gardecki and Michael Gardecki's annual average income for working at the Borough Hall, and Gardecki's $85,000 contribution to the Borough Library belies both the literal wording and intent of this exclusion. The record reflects that for the relevant time period, Gardecki received in excess of $7,000 and Michael Gardecki received in excess of $10,000 from the Borough, which sums were clearly greater than de minimis. Therefore, we dismiss this portion of Respondent's argument. With respect to Respondent's argument that the class /subclass exclusion applies, we note that the purpose of this exclusion is to remove from conflict those matters that involve a financial gain to the public at large or a subclass consisting of a group, occupation, or profession. The exclusion is premised upon the realization that a conflict should not be attributable to action by a public official which impacts upon him, his immediate family, or associated business where such action impacts to the same degree upon members of a class /subclass. Respondent's contention that "both Gardecki and Michael Gardecki received the same pay as those of the general public in the same class received for the same work" is insufficient to make this exclusion applicable. Although all four individuals, Gardecki, Michael Gardecki, Andy Kirby, and John Sheperak were subject to the $40 flat fee per event, they were clearly not all affected to the same degree. The record reflects that Gardecki and Michael Gardecki worked on considerably more occasions than either Andy Kirby or John Sheparak. Therefore, we dismiss Respondent's argument that the class/ subclass exclusion applies. In applying Section 1103(a) of the Ethics Act to the instant matter, the record reflects uses of the authority of office on the part of Gardecki. But for the fact that Gardecki was a Council Member, she would not have been in a position to participate in Council action to adopt annual resolutions setting the wages of part -time Borough employees, including snow shovelers; second the motion to appoint her son, Michael Gardecki to the position of Hall Rental Agent; participate in voting to approve bill lists containing payments to herself and to Michael Gardecki; and sign Borough checks payable to herself and to Michael Gardecki. Such actions by Gardecki were uses of authority of office. See, Juliante, Order 809. Such uses of authority of office resulted in private pecuniary benefits to Gardecki and Michael Gardecki, which consisted of payments from the Borough to Gardecki and Michael Gardecki in the amounts of $7,003.25 and $10,723.00, respectively. Accordingly, we find as follows: (1) Gardecki violated Section 1103(a) of the Ethics Act when she participated in Council Gardecki 02- 075 -C2 Page 21 action to adopt annual resolutions setting the wages of part -time Borough employees, including snow shovelers when she was employed by the Borough to shovel snow; (2) Gardecki technically violated Section 1103(a) of the Ethics Act when she seconded the motion to appoint her son, Michael Gardecki to the position of Hall Rental Agent; (3) Gardecki technically violated Section 1103(a) of the Ethics Act when she participated in voting to approve bill lists containing payments to herself and to Michael Gardecki; and (4) Gardecki technically violated Section 1103(a) of the Ethics Act when she signed Borough checks payable to herself and to Michael Gardecki. Section 407(13)/1107(13) of the Ethics Act empowers this Commission to impose restitution in instances where a public official /public employee has obtained a financial gain in violation of the Ethics Act. Based upon the totality of the facts and circumstances in this case, we believe restitution is not warranted. Although intent is not a prerequisite for a violation of the Ethics Act, we note that there was no intent on the part of Gardecki to use her public office for a private pecuniary benefit. To the contrary, Gardecki volunteered much of her time to the Borough planting flowers around Borough buildings, mulching the Borough grounds, using her personal vehicle to purchase supplies, changing light bulbs in the library, and doing custodial work and other menial tasks, all of which bespeak of her selfless and generous character. Gardecki made herself available to help clean up the Borough Hall in the wee hours of the morning when no one else was willing or available to help. In short, we consider Gardecki to be a fine, conscientious and dedicated public servant who never intended her actions to be self - serving in any way. Because Gardecki's actions were motivated by her desire to benefit the Borough rather than to obtain a personal financial gain for herself or for her son, we will not impose restitution in this case. See, Bixler, Order 1290. IV. CONCLUSIONS OF LAW: 1. Carol Gardecki (Gardecki), as a Member of the West Lawn Borough Council, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998. 2. Gardecki violated Section 1103(a ) of the Ethics Act when in her capacity as a Borough Council Member, she participated in Council action to adopt annual resolutions setting the wages of part -time Borough employees, including snow shovelers when she was employed by the Borough to shovel snow. 3. Gardecki technically violated Section 1103(a) of the Ethics Act when in her capacity as a Borough Council Member, she seconded the motion to appoint her son, Michael Gardecki to the position of Hall Rental Agent. 4. Gardecki technically violated Section 1103(a) of the Ethics Act when in her capacity as a Borough Council Member, she participated in voting to approve bill lists containing payments to herself and to her son, Michael Gardecki. 5. Gardecki technically violated Section 1103(a) of the Ethics Act when in her capacity as a Borough Council Member, she signed Borough checks payable to herself and to her son, Michael Gardecki. 6. Restitution is not warranted in this case. In Re: Carol Gardecki ORDER NO. 1311 5. Restitution is not warranted in this case. File Docket: 02- 075 -C2 Date Decided: March 11, 2004 Date Mailed: March 26, 2004 1. Carol Gardecki (Gardecki), as a Member of the West Lawn Borough Council violated Section 1103(a ) of the Ethics Act when in her capacity as a Borough Council Member, she participated in Council action to adopt annual resolutions setting the wages of part - time Borough employees, including snow shovelers when she was employed by the Borough to shovel snow. 2. Gardecki technically violated Section 1103(a) of the Ethics Act when in her capacity as a Borough Council Member, she seconded the motion to appoint her son, Michael Gardecki to the position of Hall Rental Agent. 3. Gardecki technically violated Section 1103(a) of the Ethics Act when in her capacity as a Borough Council Member, she participated in voting to approve bill lists containing payments to herself and to her son, Michael Gardecki. 4. Gardecki technically violated Section 1103(a) of the Ethics Act when in her capacity as a Borough Council Member, she signed Borough checks payable to herself and to her son, Michael Gardecki. BY THE COMMISSION, Louis W. Fryman, Chair