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HomeMy WebLinkAbout1317 MooreIn Re: Robert Moore 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- 062 -C2 Order No. 1317 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 waived. The record is complete. A Consent Agreement and Stipulation of Findings were submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement was subsequently approved. Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter 11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989 and provides for the completion of pending matters under Act 93 of 1998. This adjudication of the State Ethics Commission is issued under Act 93 of 1998 and will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date and must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Chapter 11 of Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year. Confidentiality does not preclude discussing this case with an attorney at law. Moore 02- 062 -C2 Page 2 I. ALLEGATION: That Robert Moore, a (public official /public employee) in his capacity as Director of the Bureau of Labor Law Compliance for the Department of Labor & Industry violated Sections 1103(a) and (b) of the Public Official and Employee Ethics Act (65 Pa.C.S. §1101 et seq.) when he used the authority of his office for a private pecuniary gain, including but not limited to utilizing Commonwealth provided cellular telephones and landlines to make personal telephone calls which were paid for by the Commonwealth; when he utilized Commonwealth vehicles and employees for personal business while on Commonwealth time; when he authorized the sale of computers and related equipment belonging to the Bureau in order to purchase computers for himself and /or members of his immediate family; when he solicited contributions from associations, contractors and /or labor unions who fall within the scope of enforcement and regulatory action of the Bureau of Labor Law Compliance for the Interstate Labor Standards Association (I LSA) PA 2000 conference, a Bureau of Labor Law Compliance sponsored event; when he converted ILSA PA 2000 conference funds for his own personal use; and when he failed to file Statements of Financial Interests by May 1 st annually for calendar years 2001 and 2002. II. FINDINGS: 1. Robert Moore was employed by the Commonwealth of Pennsylvania, Department of Labor and Industry from August 14, 1995, through November 4, 2002. 2. Moore held various positions within the Department of Labor and Industry during his tenure which included the following: a. Director of the Prevailing Wage Division (08/14/95- 09/13/96). b. Director, Bureau of Labor Law Compliance (09/13/96- 06/14/01). c. Deputy Secretary for Safety and Labor - Management Relations (06/15/01- 03/22/02). d. Labor Law Investigator (03/23/02- 11/04/02). 3. The Bureau of Labor Law Compliance (BLLC) is the office within the Department of Labor and Industry that is responsible for administration and enforcement of the prevailing wage program and other laws related to protection of employees, including those involving seasonal farm labor, equal pay, child labor, occupational and industrial safety, unemployment compensation, and worker's compensation among others. a. The BLLC was created in mid -1996 as a result of the reorganization of the Department of Labor and Industry. b. The BLLC was the result of merging the responsibilities of the Bureau of Labor Standards, Prevailing Wage Division, and Apprenticeship and Training Division. 4. The BLLC main office and Harrisburg District office are located in Harrisburg with four additional district offices located in Philadelphia, Pittsburgh, Scranton, and Harrisburg /Altoona. a. Each office is composed of a district supervisor and various investigators. 5. Moore was appointed Director of the BLLC effective September 14, 1996. a. Moore reported to the Deputy Secretary for Safety and Labor - Management Relations in his position. Moore 02- 062 -C2 Page 3 b. Moore was headquartered at the Harrisburg main office. 6. Moore's job description as BLLC Director included, in part, the following duties: a. Plan, organize, and direct the field investigations through five investigation supervisors. b. Plan, organize, and direct the central office operations. c. Review and evaluate Bureau operations. d. Compile and justify the annual budget request and administer the approved allocation. e. Moore's signature appears at the bottom of the job description. 7. Moore authorized the obtaining of cellular telephones for himself, BLLC supervisors, and BLLC investigators through AT &T Wireless Services in approximately late 1999 /early 2000. a. Moore was an advocate of obtaining cellular telephones for BLLC personnel throughout his tenure with the Department of Labor and Industry. b. Moore desired that investigative personnel under his supervision have the ability to be contacted immediately and believed cellular phones would facilitate communication. 8. Edward McNamee (BLLC Assistant Director) recommended to Moore the specific monthly service plan, including the number of allotted monthly plan minutes, for each BLLC employee who received a cellular phone. a. The plans were approved by Moore. b. BLLC investigators received plans with less monthly minutes than BLLC supervisors. c. BLLC supervisors received plans with less monthly minutes than plans utilized by Moore and McNamee. 9. No specific policy existed in the BLLC regarding the use of the cellular phones prior to the cellular phones being obtained. 10. Management Directive 240.11 dated April 3, 1998 set forth regulations regarding Commonwealth Cellular Telephone Equipment and Services. a. Section 4, Policy, subsection (a), mandates the following: "The use of cellular equipment and services is for official state purposes only and should be used only as authorized by the Secretary of Administration and the head of each using agency." b. Section 4, Policy, subsection (c), mandates the following: "The use of cellular telephone technology is not considered a prerequisite for selected employees or management levels. Cellular equipment and services are to be used only for state business or to relieve emergency situations where Moore 02- 062 -C2 Page 4 the protection of life or property is involved and there is no other satisfactory means of communications available." c. The management directive applied to BLLC. 11. On January 29, 2001, Policy Memorandum 01 -0052 was distributed to all BLLC employees regarding cell phone use. a. Moore directed McNamee to write a policy regarding cell phone use. b. The policy was distributed under Moore's title as BLLC Director. 12. Policy Memorandum 01 -0052 set forth the following: "Bureau Employees, who are issued Cell Phones for use in the performance of their duties, are restricted in use to, 'Business Calls Only.' Employees who exceed the allotted plan minutes will be required to reimburse the Commonwealth for any and all personal calls as they appear on the monthly phone bill record. Cautious publication of your Cell Phone Number is advised, as incoming calls are billable against your Plan Minutes. Repeated violation can result in revocation of this privilege. This policy is effective upon receipt." 13. Personal use of cellular phones by BLLC staff, including Moore, occurred prior to and after the establishment of Policy Memorandum 00 -0052. a. Various BLLC staff believed that personal call allowances set forth by the Master Agreement applied to cellular telephones as well as landline telephones. 14. Moore routinely utilized his BLLC cellular phone to make telephone calls of a personal nature before, during and after his normal workday with the 1BLLC in his positions as BLLC Director and Deputy Secretary for Safety and Labor - Management Relations. a. Moore routinely utilized his BLLC cellular phone to contact Tonya McCormack, a personal acquaintance and employee of the Montana Department of Labor, in Helena, MT. 1. Moore met McCormack at the Annual Interstate Labor Standards Association Conference (ILSA) held in Florida in August /September 1999. 2. McCormack's residential phone number during the period in question was (406) 449 -0431. 3. McCormack's work telephone number during the time period in question was (406) 444 -1376. 4. Moore telephoned additional Helena, MT numbers which he eventually identified as personal in nature for reimbursement purposes. b. Moore routinely utilized his BLLC cellular phone to contact other personal acquaintances in the following areas: Stroudsburg, PA; Missoula, MT; Springfield, PA; Drexelhill, PA; Swarthmore, PA; Wildwood, NJ; Florence, SC; Columbia, SC; Pamplico, SC; Greenville, SC; Mobile, SC; Charleston, SC; Johnsonville, SC; Aiken Cel, SC; Nwaltrboro, SC; and Austin, TX. 15. Moore utilized several different monthly plans, account numbers, and telephone numbers while utilizing his cellular phone through AT &T Wireless Services as shown Moore 02- 062 -C2 Page 5 below: a. Account Number: 2002693623 Telephone Number: 570 - 350 -7155 Monthly Plan Information Minutes Additional Lonq Monthl Dates of Use in Plan inuNf to Cost Distance Fee aPl n Fee 01 -19 -00 to 04 -19 -00 04 -20 -00 to 05 -19 -00 05 -20 -00 to 06 -30 -00 Dates of Use 1000 1400 1600 b. Account Number: 2002693623 Telephone Number: 570 - 350 -3492 Minutes Additional in Plan inuNfte Cost 06 -30 -00 to 11 -19 -00 1600 0.25 c. Account Number: 2600771899 Telephone Number: 570 - 350 -3492 Dates of Use 11 -20 -00 to 12 -19 -00 12 -20 -00 to 01 -19 -01 01 -20 -01 to 03 -06 -01 03 -07 -00 to 03 -19 -00 03 -20 -01 to 08 -19 -01 08 -20 -01 to 02 -27 -02 0.25 0.25 0.25 Minutes Additional in Plan inuNfte Cost 1600 0.25 1400 0.25 2000 0.25 2000 0.25 1200* 0.20 1500 0.25 0.00 119.99 0.00 149.99 0.00 149.99 Lonq Monthl Distance Fee aPl n Fee 0.00 149.99 Lonq Distance Fee 0.00 149.99 0.00 149.99 0.00 199.99 d. Account Number: 2600771899 Telephone Number: 570 - 977 -8276 Minutes Additional Lonq Monthl Dates of Use in Plan inuNfte Cost Distance Fee aPl n Fee 0.00 0.10 0.00 Plw Fee 199.99 119.99 149.99 1. Asterisk indicates group calling plan where group calls to other group members and /or five designated land lines were not charged against the 1200 plan minutes. 16. McNamee changed Moore's monthly plan with AT &T Wireless on several occasions. a. McNamee attempted to obtain plans for Moore which would increase the number of cellular minutes offered in the monthly plan in an effort to minimize extra charges incurred by Moore. b. McNamee altered Moore's plans under his own authority. 17. During the period of time from January 2000 through February 2002, Moore utilized his BLLC issued AT &T cellular telephone to make 2,244 telephone calls of a personal nature. Moore 02- 062 -C2 Page 6 18. Moore made approximately 973 calls to McCormack in Helena, Montana totaling 7,345 minutes between January 2000 and February 2002. a. Of the 7,345 minutes utilized on personal calls to Helena, MT, 2,490 were utilized during Commonwealth time on Moore's regular workdays. 19. Moore made approximately 1,271 calls totaling 4,889 minutes of a personal nature to various other personal acquaintances i.e. family, friends, etc.) in various locations between January 2000 and February 2002. a. Of the 4,889 minutes utilized on the above listed personal calls, 616 were utilized during Commonwealth time on Moore's regular workdays. 20. While employed as the Director of the BLLC and Deputy Secretary of Safety and Labor Management Relations, Moore maintained a private office in the Labor and Industry Building, located at Seventh and Forster Streets, Harrisburg, PA. a. As BLLC Director, Moore's office was located on the thirteenth floor of the L &I building. b. As Deputy Secretary, Moore's office was located on the seventeenth floor of the L &I building. 21. At both office locations, Moore had access to Commonwealth landline telephones which utilized the Commonwealth "Watts" system. 22. Moore utilized Commonwealth landline telephones located at the BLLC office on the thirteenth floor of the L &I building on several occasions to contact McCormack regarding calls of a personal nature while employed as the BLLC Director. a. Moore utilized Commonwealth landlines located in his office, Harrisburg District Office Supervisor Gerald Barnett's office, and McNamee's office to conduct private conversations with McCormack. b. Moore, Barnett, and McNamee all maintained private offices on the thirteenth floor of the L &I building. 23. While employed as Deputy Secretary, Moore traveled to the BLLC office located on the thirteenth floor of the L &I building from his office on the seventeenth floor of the L &I building on several occasions to contact McCormack regarding calls of a personal nature. a. Moore utilized Commonwealth landlines located in the private offices of John Judge, BLLC Director at that time, and Barnett to conduct private conversations with McCormack. 24. During the period of time from September 1999 through February 2002, Moore utilized Commonwealth landline telephones from various private offices of BLLC employees to initiate 59 calls of a personal nature as follows: a. Originating Number: 717- 787 -3681 Number Assigned to: Robert Moore, BLLC Director (from 9/1999 to 7/2001) John Judge, BLLC Director (from 7/2001 to present) Harrisburg Main Office Number Date Location Time Minutes/ Seconds Charg e Commonwealth Time MinutelSec 406 - 444 -1376 09 -09 -99 Helena, MT 10:37a 20.00 1.85 20.00 406 - 444 -1376 01 -26 -01 Helena, MT 11:10a 3.00 0.28 3.00 406 - 444 -1376 09 -13 -01 Helena, MT 4:06p 42.24 1.78 42.24 406 - 444 -1376 09 -14 -01 Helena, MT 2:17p 0.24 0.01 0.24 406 - 444 -1376 09 -14 -01 Helena, MT 3:15p 1.30 0.06 1.30 406 - 444 -1376 09 -17 -01 Helena, MT 3:46p 28.36 1.20 28.36 406 - 444 -1376 11 -07 -01 Helena, MT 10:39a 0.18 0.01 0.18 406 - 444 -1376 11 -07 -01 Helena, MT 10:40a 34.48 1.46 34.48 406 - 444 -1376 11 -08 -01 Helena, MT 10:51a 0.24 0.02 0.24 406 - 444 -1376 11 -08 -01 Helena, MT 11:03a 15.36 0.65 15.36 406 - 444 -1376 11 -08 -01 Helena, MT 11:19a 17.18 0.72 17.18 406 - 444 -1376 11 -08 -01 Helena, MT 4:42p 50.18 2.11 18.00 406 - 444 -1376 11 -09 -01 Helena, MT 1:21p 32.12 1.36 32.12 406 - 444 -1376 11 -14 -01 Helena, MT 4:58p 53.18 2.23 2.00 406 - 444 -1376 11 -19 -01 Helena, MT 3:03p 14.24 0.60 14.24 406 - 444 -1376 11 -20 -01 Helena, MT 5:09p 64.06 2.69 0.00 406 - 444 -1376 11 -20 -01 Helena, MT 6:25p 42.12 1.78 0.00 406 - 444 -1376 11 -20 -01 Helena, MT 7:09p 2.54 0.12 0.00 406 - 444 -1376 11 -20 -01 Helena, MT 7:12p 29.24 1.24 0.00 406 - 444 -1376 11 -21 -01 Helena, MT 10:17a 52.00 2.18 52.00 406 - 444 -1376 11 -23 -01 Helena, MT 2:13p 101.54 4.27 0.00 [sic] 406 - 444 -1376 11 -28 -01 Helena, MT 9:37a 0.30 0.02 0.30 406 - 444 -1376 12 -03 -01 Helena, MT 4:57p 1.06 0.05 1.06 406 - 444 -1376 12 -03 -01 Helena, MT 5:09p 0.30 0.02 0.00 406 - 444 -1376 12 -03 -01 Helena, MT 5:18p 96.06 4.03 0.00 406 - 444 -1376 12 -04 -01 Helena, MT 1:37p 22.42 0.95 22.42 406 - 444 -1376 12 -07 -01 Helena, MT 10:32a 11.18 0.48 11.18 406 - 444 -1376 12 -10 -01 Helena, MT 10:49a 16.48 0.71 16.48 406 - 444 -1376 12 -10 -01 Helena, MT 2:36p 0.24 0.01 0.24 406 - 444 -1376 12 -10 -01 Helena, MT 2:39p 35.18 1.48 35.18 406 - 444 -1376 12 -10 -01 Helena, MT 5:11p 42.54 1.80 0.00 406 - 444 -1376 12 -10 -01 Helena, MT 6:OOp 62.48 2.64 0.00 406 - 444 -1376 12 -12 -01 Helena, MT 10:34a 38.24 1.61 38.24 406 - 444 -1376 12 -27 -01 Helena, MT 10:44a 0.36 0.02 0.36 406 - 444 -1376 01 -02 -02 Helena, MT 10:39a 24.06 1.01 24.06 Number Date Location Time Minutes/ Seconds Charg e Commonwealth Time MinutelSec 406 - 444 -1376 07 -19 -00 Helena, MT 5:45p 12.00 1.11 0.00 406 - 444 -1376 08 -14 -00 Helena, MT 3:50p 1.00 0.09 1.00 406 - 444 -1376 10 -25 -00 Helena, MT 6:25p 1.00 0.09 0.00 406 - 444 -1376 01 -22 -01 Helena, MT 5:13p 28.00 2.59 0.00 406 - 444 -1376 01 -25 -01 Helena, MT 5:09p 8.00 0.74 0.00 406 - 444 -1376 01 -29 -01 Helena, MT 5:33p 1.00 0.09 0.00 406 - 444 -1376 11 -21 -01 Helena, MT 1:31p 98.06 4.12 98.06 Total 149.06 8.83 99.06 Moore 02- 062 -C2 Page 7 b. Originating Number: 717- 787 -2026 Number Assigned to: Gerald Barnett, Supervisor Harrisburg District Office Number Date Location Time Minutes/ Seconds Charg e Commonwealth Time MinutelSec 406 - 449 -0431 01 -03 -02 Helena, MT 10:24a 14.18 0.60 14.18 406 - 449 -0431 01 -03 -02 Helena, MT 3:56p 43.18 1.81 43.18 406 - 444 -1376 01 -17 -02 Helena, MT 7:41a 0.48 0.04 0.00 406 - 449 -0431 01 -17 -02 Helena, MT 8:20a 0.24 0.01 0.24 406 - 444 -1376 01 -17 -02 Helena, MT 8:35a 0.12 0.01 0.12 406 - 444 -1376 01 -17 -02 Helena, MT 8:52a 0.24 0.02 0.24 406 - 444 -1376 01 -17 -02 Helena, MT 9:OOa 0.12 0.01 0.12 406 - 444 -1376 01 -17 -02 Helena, MT 9:41a 0.12 0.01 0.12 406 - 444 -1376 01 -17 -02 Helena, MT 10:35a 0.36 0.02 0.36 406 - 444 -1376 01 -17 -02 Helena, MT 12:45p 0.30 0.02 0.30 406 - 449 -0431 01 -29 -02 Helena, MT 7:35a 8.12 0.35 0.00 406 - 449 -0431 01 -29 -02 Helena, MT 7:54a 27.42 1.16 21.42 406 - 444 -1376 02 -04 -02 Helena, MT 4:36p 14.30 0.61 14.30 406 - 444 -1376 02 -05 -02 Helena, MT 12:31p 0.24 0.01 0.24 406 - 444 -1376 02 -05 -02 Helena, MT 12:34p 0.24 0.01 0.24 406 - 449 -0431 02 -05 -02 Helena, MT 12:35p 17.00 0.72 17.00 Total 1089.36 46.86 548.12 Number Date Location Time Minutes/ Seconds Charg e Commonwealth Time MinutelSec 406 - 444 -1376 08 -14 -00 Helena, MT 3:06p 6.00 0.56 6.00 Total 6.00 0.56 6.00 Moore 02- 062 -C2 Page 8 c. Originating Number: 717- 787 -4670 Number Assigned to: Ed McNamee, Assistant Director, BLLC Harrisburg Main Office d. Of the 1,244 minutes and 42 seconds utilized on personal calls to Helena, MT, 653 minutes and 18 seconds were utilized during Commonwealth time on Moore's regular workdays. 25. During or about June 2001, Moore made the determination to switch cellular service for BLLC staff from AT &T Wireless to Nextel Partners, in part, because of cost concerns. a. Moore opted to make the change due to the fact that Nextel Partners offered a two -way direct communication feature and monthly plans offering a bulk pool of cellular minutes. b. Moore had become disgruntled with AT &T Wireless after attempts to establish a "sharing" of minutes among BLLC staff had not materialized. c. The plan utilized by BLLC staff through Nextel Partners was a fleet plan known as "Nextel Partners National Business Plan 400" which each user received 400 minutes and featured a "pooling" of minutes. 26. In addition to providing BLLC staff with Nextel cellular phones, two additional cellular phones were obtained. a. One cellular phone (cellular number 717 - 648 -1534) was established as a "base" phone and was originally in the custody of Donna Boyer, Clerk Typist III, so that investigators and supervisors could contact the main office if necessary. Moore 02- 062 -C2 Page 9 b. The remaining cellular phone was provided to the BLLC legal department. 27. In or about mid - December 2001, Moore instructed Barnett to obtain the base phone from Boyer and provide the phone to him. a. Moore informed Barnett had [sic] he wanted to be able to utilize the "pool" of minutes associated with the Nextel plan. 28. On December 20, 2001, Barnett instructed Boyer to provide him with the base phone unit. a. Barnett informed Boyer that he was taking the cellular phone for Moore at Moore's direction. 29. During the period of time from December 20, 2001, through January 28, 2002, Moore utilized the BLLC Nextel base cellular phone unit to place 142 calls of a personal nature. a. Moore made approximately 132 calls to McCormack in Helena, Montana totaling 3,930.38 minutes. b. Of the 3,930 minutes and 38 seconds utilized on personal calls to Helena, MT, 200 minutes and 51 seconds were utilized during the regular Commonwealth workday. c. Moore's workday varied as he often would report for work early and work beyond the office closing time. d. Moore made approximately 10 calls of a personal nature to various other personal acquaintances (i.e. family, friends, etc.) totaling 154.22 minutes. 30. Moore made personal telephone calls totaling 16,318 minutes while using cellular telephones assigned to him in his capacity as a Commonwealth employee. AT &T Cellular: Montana 7,345 Other Personal 4,889 Nextel Cellular: Montana 3,930 Other Personal 154 Total 16,318 31. Moore used landline telephones of the Commonwealth to make personal calls totaling 1,244 minutes. 32. In his positions of BLLC Director and Deputy Secretary, Moore was paid a bi- weekly salary based on a 37.5 -hour workweek, 7.5 hour workday. a. As the BLLC Director Moore's regular workdays were Monday through Friday, 8:30a -5:OOp as noted in his job description. b. Moore's job description as Deputy Secretary notes "As Required" regarding workdays and normal hours. c. Moore's position often required him to work in excess of 37.5 hours per week. 1. The Commonwealth does not compensate such management positions Moore 02- 062 -C2 Page 10 for hours wored [sic] in excess of 37.5 per week. 33. Moore's hourly wage consistently increased during the time frame of July 1,1999, through March 22, 2002, as follows: Time Period WagelHour 07 -01 -99 to 12 -31 -99 $37.43 01 -01 -00 to 06 -30 -00 38.25 07 -01 -00 to 01 -12 -01 39.40 01 -13 -01 to 06 -14 -01 40.28 06 -15 -01 to 03 -22 -02 45.30 34. Moore's use of Commonwealth telephone systems, both cellular and landline, for telephone calls of a personal nature during his regular work hours resulted in him being compensated $2,840.19. Minutes Time Period WagelHour WagelMinute Utilized Total 07 -01 -99 to 12 -31 -99 $37.43 $0.624 20 $12.48 01 -01 -00 to 06 -30 -00 38.25 0.637 424 270.08 07 -01 -00 to 01 -12 -01 39.40 0.655 735 481.43 01 -13 -01 to 06 -14 -01 40.28 0.670 267 178.89 06 -15 -01 to 03 -22 -02 45.30 0.755 2,513 1,897.31 Total 3,959 $2,840.19 35. Moore made reimbursement to the Commonwealth through the Comptroller's Office, Department of Labor and Industry, for some of the utilization of his BLLC issued cellular phone for calls of a personal nature. a. Moore made the reimbursement for calls made in February 14 -18, 2000, and June 5 -14, 2000, while Moore was on vacation. b. Moore specifically identified the personal calls on the statements covering the time frames in question. 36. Moore reimbursed the Commonwealth at the rate of twenty -five cents per minute for the personal calls made while on vacation a. The rate for additional minutes above those incorporated into the monthly plan was twenty -five cents per minute. b. Moore reimbursed the Commonwealth at the "additional per minute rate" associated with his monthly plan for the personal calls. 37. On July 19, 2000, Moore submitted personal check number 0545 in the amount of $157.60 from his account at PSECU to the Comptroller's Office along with correspondence and supporting documentation. a. Correspondence submitted by Moore stated the following: "Please be advised that the attached check for $157.60 is to reimburse the Commonwealth of Pennsylvania for telephone calls, Federal Express, and UPS charges. These charges were for personal use during the weeks of February 14, 2000 to Moore 02- 062 -C2 Page 11 February 18, 2000 and June 5, 2000 to June 14, 2000 while I was on vacation. Attached is a breakdown of all telephone calls and a copy of Federal Express and UPS Charges. If you have any questions, please do not hesitate to contact me at 787 -3681 or Diane Bartell at 787- 4058.' b. Supporting documentation included copies of Moore's cellular phone statements for the periods in question, a Federal Express invoice, and an APR for UPS charges. 1. Moore did not identify or reimburse for all of the personal calls documented on the statements for the time periods in question. c. The total $157.60 reimbursement accounted for $77.25 in cellular phone expenses, $44.60 in Federal Express charges, and $35.75 in UPS charges. 1. Moore reimbursed the cellular expenses at a rate of twenty -five cents per minute. 2. Federal Express and UPS charges were reimbursed at face value. 38. The costs of Moore making approximately 17,562 minutes of personal telephone calls, with both Commonwealth landlines and cellular phones, during the time period of September 9, 1999 to February 26, 2002, totaled $4,539.85. a. Moore made approximately 16,318 minutes of personal calls from BLLC issued cellular phones valued at approximately $4,483.60 as follows: Minutes Plan Rate Long Distance Used Per Minute ChargelMinute Total 10,768 0.25 0.00 $2,692.00 1,466 0.20 0.10 362.20 4,084 0.35 0.00 1,429.40 16,318 $4,483.60 b. Moore made approximately 1,244 minutes of personal calls from BLLC landline telephones valued at approximately $56.25 as follows: Total Originating Number Minutes Charges 717 - 787 -2026 1089 $46.86 717 - 787 -3681 149 8.83 717 - 787 -4670 6 0.56 Total 1244 $56.25 39. Moore's use of BLLC telephones, both cellular and landlines, while on Commonwealth time resulted in a gain to him in wages and costs associated with minutes utilized of $7,380.04 as shown below: Commonwealth Wages $2,840.19 Cost of Minutes Utilized 4.539.85 Moore 02- 062 -C2 Page 12 TOTAL $7,380.04 The Following Findings Relate to Moore's Use of Commonwealth Employees and Vehicles in Relation to Personal Business while on Commonwealth Time 40. On December 5, 2001, Moore traveled in his Commonwealth vehicle to Pittsburgh, PA to speak at and attend a dinner sponsored by the Allegheny County Community College. a. Moore's Travel Expense Voucher, number 184449, associated with the trip documents Moore's departure from Harrisburg at approximately 12:OOp. b. While traveling on the Pennsylvania turnpike en route to Pittsburgh, Moore received a traffic citation, number K0070443 -2, for exceeding maximum speed in violation of Vehicle Code Title 75, Section 3362, sub - section A1.1(i). 1. Moore was clocked by radar at milepost 162.3 as traveling 81 mph in a 65 mph zone at approximately 1:35 p.m. 2. The violation occurred in East Providence Township, Bedford County in Magisterial District No. 57 -3 -04. 3. The citation documented Moore as the driver of the vehicle. 41. Moore challenged the citation and requested a hearing before the district justice. a. A hearing date regarding the citation was scheduled for February 12, 2002, at the office of Kathy S. Calhoun, District Justice, 500 State Street, Everett, PA. 42. Jay Lantzy, Director of the Office of Labor Management Cooperatioin [sic], Department of Labor & Industry, represented Moore during the traffic violation hearing. a. Lantzy is a licensed Pennsylvania attorney. b. Lantzy and Moore have a friendly relationship. c. Lantzy was scheduled to be in Pittsburgh, PA, for Commonwealth business the night of February 12, 2002, and agreed to stop in Everett on the way to Pittsburgh to represent Moore. 43. Gerald Barnett, a subordinate employee to Moore, transported Moore to the hearing. 44. Barnett was not permanently assigned a Commonwealth vehicle. 45. On February 12, 2002, Moore and Barnett departed from Harrisburg in a temporary General Services "pool" car assigned to Barnett at approximately 9:30 a.m. to travel to Everett, PA. a. Barnett drove the vehicle to Everett, PA. 46. Lantzy drove separately from Moore and Barnett to the District Justice's office. a. Lantzy departed from Harrisburg at approximately 11:00 a.m. b. Lantzy drove to Everett in his Commonwealth vehicle. Moore 02- 062 -C2 Page 13 c. Lantzy met Moore and Barnett at the District Justice's office. 46. Daniel Gioiosa, Altoona District Office Supervisor, and investigator Todd Norris met Moore at the District Justice's office on February 12, 2002, after receiving direction from Moore. a. Moore wanted Gioiosa to take him to the Flight 93 crash site in Shanksville, PA after the hearing. b. Moore instructed Gioiosa to have Norris accompany him to the District Justice's office. 47. Gioiosa and Norris departed from the Altoona District Office at approximately 11:00 a.m. to meet Moore and Barnett at the District Justice's office. a. Gioiosa traveled in Norris' personal vehicle. b. Norris did not claim mileage for the miles incurred on his personal vehicle on February 12, 2002. 48. Total time utilized at the District Justice's office was estimated at approximately one hour by individuals present. a. As a result of the hearing which was held, Moore was found guilty of the charge levied against him. b. Moore eventually appealed the verdict to Common Pleas Court. c. The Court of Common Pleas subsequently upheld the decision of the District Justice. 49. Shortly after the conclusion of the hearing, Lantzy continued on to his engagement in Pittsburgh. a. No significant amount of Commonwealth time was lost as a result of Lantzy representing Moore. b. Lantzy claimed to have utilized his one -hour lunch period to represent Moore. 50. After Lantzy departed, Moore and Barnett followed Gioiosa and Norris to Shanksville, PA to observe the crash site of Flight 93. a. Moore, Barnett, Gioiosa, and Norris remained at the site for approximately one hour. b. Upon leaving the crash site, Moore and Barnett returned to the Harrisburg District /Main office. 1. Moore and Barnett returned at approximately 5:00 p.m. c. Upon leaving the crash site Gioiosa and Norris returned to the Altoona District Office. 1. Gioiosa and Norris returned at approximately 3:00 p.m. 51. In February 2002, Barnett, Gioiosa, Norris, and Lantzy were all paid a bi- weekly salary based on a 37.5 -hour workweek. Moore 02- 062 -C2 Page 14 a. Moore's hourly wage at that time was $45.30 per hour. b. Barnett's hourly wage at that time was $24.56 per hour. c. Gioiosa's hourly wage at that time was $21.05 per hour. d. Norris' hourly wage at that time was $14.34 per hour. 52. Moore and the subordinate employees within the Department of Labor and Industry who accompanied him to the hearing were paid wages totaling $595.65 as follows: Employee Time Hours Wage per Hour Total Moore 9:30a -5:00p 6.5 $45.30 $294.45 Barnett 9:30a -5:OOp 6.5 $24.56 159.64 Gioiosa 11:OOa -3:OOp 4.0 $21.05 84.20 Norris 11:OOa -3:OOp 4.0 $14.34 57.36 Total $595.65 a. None of the individuals present submitted leave slips for annual or personal time in relation to the events of February 12, 2002. 53. Moore and Barnett traveled in the Commonwealth vehicle for non - Commonwealth business totaling 232 non - business related miles. a. The temporary form is date stamped as dispatched on February 12, 2002, with an outgoing odometer reading of 88152. b. The final odometer reading for the date of February 12, 2002, is documented as 88456. 54. The Commonwealth reimburses Commonwealth employees a specific mileage amount for the use of employee's privately owned vehicles in the conduct of official Commonwealth business. a. Mileage is reimbursed in order to compensate employees for gasoline use, vehicle depreciation, etc. b. As of February 12, 2002, Commonwealth employees could be reimbursed by the Commonwealth in the amount of 36.5 cents per mile for use of a personal vehicle while conducting official Commonwealth business. 55. Moore's use of Commonwealth equipment resulted in costs of at least $84.68 (232 multiplied by 36.5 cents) as a result of utilizing a Commonwealth vehicle for personal business on February 12, 2002. The Following Allegations Relate to Moore's Authorizing and Purchasing of BLLC Computers and Related Equipment 56. The BLLC maintains a main office in Harrisburg as well as district offices located in Harrisburg, Philadelphia, Scranton, Altoona, and Pittsburgh. a. Each office is composed of a supervisor and various numbers of investigators. b. In order to alleviate concerns associated with travel to the district office and due to the fact that BLLC investigators conduct the vast majority of their duties in Moore 02- 062 -C2 Page 15 the field, BLLC investigators maintain and are permitted to work out of home offices. 57. Moore, as the BLLC Director, was an advocate of modernizing the equipment utilized in the home office of BLLC employees. a. Prior to Moore becoming the BLLC Director, BLLC staff had minimal equipment in relation to home offices. b. As a result, BLLC employees working from home offices were eventually provided with a desktop computer; an all in one printer, copier, fax, scanner machine; a telephone line; and internet service through a private provider (prior to the adoption of the CWOPA system) for e-mail purposes. 58. In early to mid -1998, Moore instructed McNamee to research and order computers and computer related accessories for the BLLC. a. Forty computers and copiers /fax/scanners were eventually purchased via Field Purchase Order. 59. In early 2001, Moore approached McNamee and informed McNamee that he wanted the BLLC to purchase new, updated computers to replace those purchased in 1998. a. Moore instructed McNamee that the BLLC had money available in the budget for the purchase. 60. On January 19, 2001, the Procurement Section generated a Field Purchase Order, FL- 1243570, for the Department of Labor and Industry, BLLC, for the purchase of thirty computer systems and other peripherals from IBM Corporation. a. The computer systems cost $1,055.70 apiece. b. Only one monitor was ordered on the FL. 61. As a result of purchasing new computers and related equipment for BLLC staff, a surplus of computers existed within the BLLC. 62. On or about March 5, 2002, Moore authorized the sale of surplus BLLC computers and related equipment to BLLC employees. a. Moore instructed Barnett to do a mass e- mailing to the BLLC staff presenting them the opportunity to purchase their old computers and related equipment. b. Moore stated to Barnett that the cost for the old equipment would be $25.00 for the computers, $10.00 for the monitors, and $10.00 for the printers plus 6% sales tax tentative upon the purchase of new monitors and printers. 63. Barnett distributed an e-mail message to thirty -five BLLC employees advising those interested of the opportunity to purchase their old computer equipment. a. Interested individuals were instructed to send a check payable to the Commonwealth of Pennsylvania to Bartell along with the serial number of their old computer. b. Checks collected were eventually forwarded to James Merman, Clerk Typist II, BLLC. Moore 02- 062 -C2 Page 16 1. Merman forwarded a memo to Leedy dated May 2, 2001, accompanied with a list of purchasers, thirty checks, and one money order for the purchase of the BLLC's old computers. 64. I. George Leedy is the agency property control officer for the Department of Labor and Industry, BLLC. a. Leedy completed an STD -551, Report Number 120082, on May 2, 2001, regarding the sale of the surplus equipment upon receipt of Merman's memo. b. Leedy indicated on the report that the items were "Serviceable" and in "Used - Fair Condition." 65. Moore purchased two of the BLLC surplus computers for personal use. a. Moore purchased BLLC computer serial number 23ABL56 with personal check number 0645 dated April 9, 2001, from his personal account at Pennsylvania State Employees Credit Union in the amount of $26.50. b. Moore purchased BLLC computer serial number 23ABH88with personal check number 0650 dated April 25, 2001, from his personal account at PSECU in the amount of $26.50. 66. Moore did not follow established procedure for the disposition of surplus equipment. a. Moore did not complete or have an STD -551 completed prior to authorizing the sale. b. Moore did not make Leedy aware of the sale of computers to BLLC staff prior to the sale occurring. 1. Leedy was unaware of the sale until receiving checks from BLLC employees for their old computer equipment. c. Moore did not request permission from Rivers to sell the equipment to BLLC employees or obtain a selling price from Rivers for the computers prior to authorizing the sale. 1. Rivers was unaware of the sale until his office received checks from Leedy's office documenting the sale of surplus computers to BLLC employees. 67. On May 21, 2001, the Procurement Section generated a Field Purchase Order, FL- 1412130, for the Department of Labor and Industry, BLLC, for the purchase of thirty - five seventeen -inch monitors and additional computer systems and peripherals from IBM Corporation. a. The monitors cost $298.39 apiece. b. Barnett signed the accompanying invoice on June 8, 2001, acknowledging the receipt of the merchandise with the exception of two monitors that were improperly packaged and susceptible to possible damage and three additional monitors owed on another shipment. c. No printers were noted on the FL. 68. Upon receipt of the new monitors, BLLC employees interested in purchasing their old Moore 02- 062 -C2 Page 17 monitors sent money orders to the Harrisburg Main Office for the purchases. a. Moore did not follow established procedure for the disposition of surplus equipment. b. The money orders were subsequently forwarded to Merman for accounting purposes. c. Merman generated a register of equipment purchased dated July 2, 2001, and forwarded the money orders and register to Leedy. 69. Leedy completed an undated STD -551, Report Number 120130 regarding the sale of the surplus equipment upon receipt of Merman's information. a. Leedy documented the items sold as "Monitor- Computer, Printer." b. Leedy indicated on the report that the items were "Serviceable" and in "Used - Fair Condition." 70. Moore purchased two of the BLLC surplus monitors for personal use. a. Moore purchased two BLLC monitors, serial numbers 23- KRF -82 and 23- F6406 with a PSECU money order dated June 13, 2001, in the amount of $21.20. 71. In mid -to -late 2001, new Hewlett Packard Office Jet K series 1220 print /copy /fax/scan machines were purchased for the BLLC. a. Subsequent to the purchase, BLLC employees interested in purchasing their old printers sent money orders to the Harrisburg Main Office for the purchases. 1. Moore did not follow established procedure for the disposition of surplus equipment. 2. The money orders were subsequently forwarded to Merman for accounting purposes. 3. Merman generated a register of equipment purchased dated September 20, 2001, and forwarded the money orders and register to Leedy. 72. Leedy completed an STD -551, Report Number 120194, on September 28, 2001, regarding the sale of the surplus equipment upon receipt of Merman's information. a. Leedy documented the items sold as, "Printer, Monitor, Computer." b. Leedy indicated on the report that the items were "Serviceable" and in "Used - Fair Condition." 73. None of the equipment was released to DGS for disposition. a. Moore relied on L &I staff to establish the procedure for the disposition of the surplus equipment. b. Moore believed the equipment could be sold to employees. 74. During the last round of surplus sales, Moore purchased three printers and two monitors for personal use. Moore 02- 062 -C2 Page 18 a. Moore purchased two printers, serial numbers MX82QB1 F2K and MY9A662292, and one monitor, serial number 23- B5894, with a PSECU money order dated August 13, 2001, in the amount of $31.80. b. Moore purchased the remaining printer, serial number MY033620WB, and monitor, serial number JS053047, with a PSECU money order dated September 10, 2001, in the amount of $21.20. c. Moore made payments to the Commonwealth totaling $127.20 for the equipment. 75. During 2001, the DGS set approximate selling values for surplus computers and related equipment as follows: a. Computers: $75.00 b. Monitors, 17" $35.00 c. All -in -one printer /copier /scanner /fax: $25.00 The following findings relate to Moore's solicitations of contributions from associations, contractors, andlor labor unions who fall within the scope of enforcement and regulatory action of the Bureau of Labor Law Compliance 76. The Interstate Labor Standards Association (ILSA) is an organization of state labor department officials whose members are responsible for administering and enforcing state labor laws. a. ILSA is composed of labor standards agency representatives from each state, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and representatives of the U.S. Department of Labor. b. An Executive Board composed of a President, Vice President, Secretary/Treasurer, four Regional Representatives, one At -Large Representative, the past President, and one U.S. Department of Labor Representative govern ILSA. 1. ILSA Officers are elected yearly. 77. ILSA holds an annual conference in the home state of the association's current president to share information and discuss labor laws, successful programs, problem areas, etc. a. In addition to the national meeting, regional members may meet annually to allow them an opportunity to focus on local issues and concerns. b. ILSA's membership is divided into four regions including the Midwest Region, Northeast Region, West Region and South Region. 1. The Northeast Region is composed of the following states: Pennsylvania, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Puerto Rico, Rhode Island, Vermont, and the Virgin Islands. 78. Funding for ILSA regional conferences is primarily generated through registration fees from participating members. Moore 02- 062 -C2 Page 19 a. In the past some hosting states have solicited labor and management organizations for contributions to the conferences. 1. Solicitation of labor and management groups is left to the discretion of the hosting state. 79. In approximately 1996, then L &I Executive Deputy Secretary Mike Acker met with Moore and advised that he wanted the Department of Labor and Industry, under Moore's guidance, to become actively involved in ILSA. a. Pennsylvania, through the Department of Labor and Industry, became involved with ILSA shortly thereafter. 80. Moore was elected to the position of ILSA Northeast Regional Representative for the year 2000 at the 1999 annual conference. a. The 1999 ILSA National Conference was held in St. Pete Beach, FL from August 29, 1999, through September 3, 1999. 81. After his election as the Northeast Regional Representative, Moore informed Barnett that as part of his duties as the Northeast Regional Representative, Pennsylvania would be hosting a regional conference. a. It was determined that the conference would be held from May 7, 2000, to May 10, 2000, at the Holiday Inn and Convention Center located in New Cumberland, PA. b. Moore instructed Barnett that the conference should be a first class operation. c. Moore informed Barnett that outside organizations would be solicited for conference sponsorships. 82. During the initial planning for the conference, Moore, McNamee, and Barnett determined that an ILSA checking account would be established separate from the Department of Labor and Industry for financial management of the conference. a. The decision was made after a meeting between McNamee and Barnett occurred with representatives from either the Department of Labor and Industry Comptroller's Office or Office of the Budget. 1. The representatives advised McNamee and Barnett that if the financial aspects of the conference were run through the Department of Labor and Industry they would be highly regulated. b. The separate checking account was chosen because hospitality rooms are provided with alcoholic drinks, snack items, etc. 1. It was not believed by Barnett and Moore that the Department of Labor and Industry would permit expenses of this nature to be paid through the departments account. 83. Moore, Barnett, and McNamee opened a checking account (account number 3741090918) in the name of ILSA PA 2000 at Keystone Financial Bank on February 28, 2000. a. Moore, Barnett, and McNamee are all documented on the account signature card as authorized signers on the account. Moore 02- 062 -C2 Page 20 b. Two signatures were required for checks written. c. The check ledger and actual checks associated with the account were maintained in Barnett's custody. d. Keystone Financial Bank and its accounts merged with M &T Bank effective October 6, 2000. 84. Barnett generated a sponsorship letter to be sent to outside groups, including labor and management organizations, describing ILSA and the regional conference and requesting financial assistance. a. Barnett generated two form letters, one of which was sent to all organizations solicited. b. No specific dollar amount was requested in the letter. 1. Organizations were requested to financially sponsor one of the conference events. a. "Dear 2. Noted in the letter was that if an organization sponsored an event, a sign indicating who sponsored the event would be placed in the room of the event sponsored. 85. The two form letters generated by Barnett were distributed under Moore's name and stated the following: As you may know, the Pennsylvania Department of Labor and Industry is hosting the Interstate Labor Standards Association (ILSA), Northeast Regional Conference, at the Harrisburg West Holiday Inn and Conference Center in New Cumberland, PA from May 7, 2000 to May 10, 2000. Quoting from ILSA's home page located at www.ilsa.net, 'ILSA stands for the Interstate Labor Standards Association. We are an organization of state labor department officials. Members of our organization are responsible for administering and enforcing state labor laws. These laws may include Child Labor, dismissal rights, employer or contractor registration, workplace safety and health, wage protection and collection statutes covering wages and fringe benefits, minimum wage and overtime, prevailing wages and other related laws. In most states, this responsibility is in that states labor department or similarly titled agency.' The purpose of this letter is to request your financial assistance as a sponsor for at least one of the conference events such as a coffee break, meeting room, continental breakfast, etc. If you agree to be a sponsor, as a token for your kind generosity, a sign that advertises your business will be placed in the room of the event that you sponsored. To allow us time to get that sign made, please return a check as soon as possible, made pgyable to ILSA -PA 2000, to me at Room 1301 Labor and Industry Building, 7 and Forster Streets, Harrisburg, PA 17120. Sincerely Moore 02- 062 -C2 Page 21 b. "Dear Robert E. Moore, Representative ILSA Northeast Region 1- 800 - 932 - 0665" As you may know, the Pennsylvania Department of Labor and Industry is hosting the Interstate Labor Standards Association (ILSA), Northeast Regional Conference, at the Harrisburg West Holiday Inn and Conference Center in New Cumberland, PA from May 7, 2000 to May 10, 2000. Quoting from ILSA's home page located at www.ilsa.net, 'ILSA stands for the Interstate Labor Standards Association. We are an organization of state labor department officials. Members of our organization are responsible for administering and enforcing state labor laws. These laws may include Child Labor, dismissal rights, employer or contractor registration, workplace safety and health, wage protection and collection statutes covering wages and fringe benefits, minimum wage and overtime, prevailing wages and other related laws. In most states, this responsibility is in that states labor department or similarly titled agency.' The purpose of this letter is to request your financial assistance as a sponsor for one of the events listed on the next page. If your local would be interested in sponsoring one of the conference events listed, please contact Gerry Barnett at 1- 800 - 932 -0665 to advise him of the event that you chose to sponsor. As a token for your kind generosity, a sign that advertises your local will be placed in the room of the event that you sponsored. If you select the bus sponsorship, a sign or banner will be placed on the bus. To allow us time to get that sign /banner made, please return a check as soon as possible, made payable to ILSA -PA 2000, to me at Room 1301 Labor and Industry Building, r and Forster Streets, Harrisburg, PA 17120. Sincerely, Robert E. Moore, Representative ILSA Northeast Region 1- 800 - 932 - 0665" 86. A minimum of eleven letters soliciting donations from outside organizations was distributed for the regional conference. a. The letters were primarily distributed between the dates of February 16, 2000 and April 27, 2000. 87. Of the eleven minimum organizations solicited, eight organizations provided funds for the ILSA PA 2000 conference totaling $2,350.40 as shown below: Check Deposit Name Number Amount Date International Union of Operating Engineers 15029 $330.40 02 -29 -00 Local 542 Central Pennsylvania Regional Council of 5828 528.00 02 -29 -00 Carpenters (Scranton) Moore 02- 062 -C2 Page 22 Check Deposit Name Number Amount Date International Brotherhood of Electrical 002460 307.00 03 -24 -00 Workers Local No. 5 Ironworkers Local Union No. 420 Pennsylvania Buildings & Trades Council Local Brotherhood of Electrical Workers Local 102 United Brotherhood of Carpenters and Joiners of America (Philadelphia) Keystone Chapter Association of Builders and Contractors, Inc. Total 5748 307.00 04 -18 -00 1735 171.00 04 -18 -00 1055 300.00 04 -28 -00 017914 357.00 05 -01 -00 12154 50.00 05 -18 -00 $2,350.40 a. Check number 5748 is actually written in the amount of $357.00; $307.00 for financial sponsorship and $50.00 for a one -day registration fee for an Ironworkers representative. 88. All of those groups providing financial assistance were organizations which could have potential dealings with the Department of Labor and Industry and /or the BLLC. 89. Between the dates of February 29, 2000, and May 18, 2000, a total of $10,065.65 in registration fees and sponsorships was raised in association with the ILSA PA 2000 Conference. a. Of the amount generated for the conference, $7,715.25 was raised in registration fees. 1. Rates for attendance included $85.00 for the full conference and $50.00 for one -day attendance. 2. Additional costs for the attendance of a Harrisburg Senators baseball game and a luncheon totaled $15.00 and $12.75 per person respectively. b. The remaining $2,350.40 was generated through outside solicitations. c. All funds raised in association with the conference were deposited into the ILSA PA 2000 account at Keystone Financial. 90. A total of nineteen disbursements totaling $10,065.65 was [sic] made from the ILSA PA 2000 between the dates of March 14, 2000, and February 6, 2001. a. Eleven disbursements totaling $8,752.19 were related to the ILSA PA 2000 conference as payment for services rendered (i.e. hotel fees, transportation, entertainment, hospitality room, picnic, gifts /novelties for attendees). b. Two disbursements totaling $500.00 were related to donations to the ILSA2000 National Conference and the ISLA Northeast Region 2001 Conference. Moore 02- 062 -C2 Page 23 c. Three disbursements in December 2000 and February 2001 totaling $566.84 could not be positively identified. d. Three disbursements totaling $246.62 were made to or on behalf of Moore. 91. Tonya McCormack attended the ILSA PA 2000 held at the New Cumberland, PA Holiday Inn and Conference Center. a. McCormack was an employee of the Montana Department of Labor at that time. b. The Montana Department of Labor is a participating member of ILSA. 1. Montana is not one of the fourteen states or geographic areas included in the Northeast Region of ILSA. 2. Montana is included in the West Region of ILSA. c. At the time Moore and McCormack were personal acquaintances. 92. McCormack submitted her registration for the conference to Barnett via facsimile transmission on April 28, 2000. a. McCormack indicated on the registration that she would be attending the full conference. 93. McCormack and /or the Montana Department of Labor paid no fees to ILSA PA 2000 for registration, special events, transportation, or lodging. a. Noted in handwriting on McCormack's registration form is "Complimentary" and "Full Conference." 94. The Holiday Inn provided four complimentary guest rooms to L &I for the booking of the conference. a. McCormack was provided with one of the complimentary rooms at Moore's direction. b. The three remaining complimentary rooms were issued to employees of the Department of Labor and Industry, BLLC. 95. During the time frame associated with the ILSA PA 2000 conference, Moore was assigned a Commonwealth vehicle, a 1999 Dodge Cirrus, PA License plate BXC -3826 equipment no. 006 -02 -1004 for temporary use. 96. On May 10, 2000, at the conclusion of the conference, Moore utilized his assigned state vehicle to drive McCormack to Baltimore - Washington International Airport (BWI) from New Cumberland, PA. a. McCormack was initially scheduled to depart from Harrisburg International Airport but could not due to weather conditions. b. McCormack was also unable to obtain a flight from BWI due to inclement weather. c. Moore and McCormack traveled back to Harrisburg from BWI in Moore's Commonwealth vehicle on that day. d. McCormack was able to get a flight from Harrisburg International Airport for her return trip on May 11, 2000. Moore 02- 062 -C2 Page 24 97. Total mileage associated with driving McCormack to BWI Airport was approximately 179 miles. 98. The cost of the use of the Commonwealth equipment was approximately $51.18 (179 multiplied by 32.5 cents) [sic] as a result of Moore utilizing his Commonwealth vehicle to transport McCormack to BWI Airport on May 10, 2000. a. As of May 10, 2000, Commonwealth employees could be reimbursed by the Commonwealth in the amount of 32.5 cents per mile for use of a personal vehicle while conducting official Commonwealth business. 99. While at BWI Airport, Moore was charged with a violation of Section 11.03.01.05 B of the Code of Maryland Regulations (leaving his vehicle unattended). a. The ticket was issued at approximately 5:36 p.m. b. Moore was issued Summons No. 223597 in association with the violation. 1. A fine of $50.00 was noted on the summons. 2. Moore's payment of $50.00 on May 16, 2000, is noted on the summons. c. Moore's vehicle was in the process of being towed when Moore returned to the vehicle. d. Moore was successful in preventing the vehicle from being towed but was issued an invoice for the cost of the tow. e. Moore was issued Invoice No. 5691 from Tauber's Service, Inc., in the amount of $55.00 for the cost associated with towing Moore's vehicle PA license plate BXE -3826. 1. Moore's signature appears on the invoice issued. 100. After returning from BWI Airport, Moore directed Barnett to issue two checks from the ILSA account to cover the costs associated with the Ticket and Towing fees incurred by Moore. a. Barnett issued an ILSA PA 2000 check dated May 11, 2000, to the Maryland Aviation Administration in the amount of $50.00 as payment for the ticket received by Moore. 1. The "For" section of the check notes "223597 ". b. Barnett issued a second ILSA PA 2000 check dated May 11, 2000, to Tauber's Service, Inc., in the amount of $55.00 as payment for the towing fee incurred by Moore. 1. The "For" section of the check notes "Invoice # 5691". c. Both Moore and Barnett signed the ILSA check authorizing payment to Moore [sic]. 101. During 2000, Moore was actively involved in the George W. Bush Presidential Campaign. Moore 02- 062 -C2 Page 25 a. As part of the involvement, Moore ordered various campaign literature. 102. Approximately one to two weeks before the 2000 presidential election, Moore contacted Jerry Scaran, Harrisburg District Office BLLC Investigator, and inquired as to the possibility of obtaining a large amount of pamphlets for the campaign in a short period of time. a. Scaran referenced acquaintances at Times News Printing in Leighton, PA, who could print the material in their commercial print shop. b. Moore provided Scaran with the information for the order. c. Scaran placed the order for Moore. d. Scaran paid for the literature with a PSECU personal check and delivered the literature to Moore when completed. e. Moore gave Scaran cash for the literature; however, the cost of the literature exceeded the amount given to Scaran by Moore by approximately $141.62. f. Moore informed Scaran that he would pay him the balance at a later date. 103. Moore subsequently directed Barnett to issue reimbursement in the amount of $141.62 to Scaran from the ILSA PA 2000 account. a. Barnett issued ILSA PA 2000 [sic] dated November 6, 2000, paid to the order of "Cash" in the amount of $141.62. 1. Signature authority for the check was provided by Barnett and McNamee. 2. The check was endorsed by Barnett and cashed. b. Barnett provided the money to Moore. c. Moore reimbursed Scaran with the funds withdrawn from the ILSA account. d. Moore did not reimburse the ILSA PA 2000 account for the personal use of the funds at that time. 104. Moore's use of funds generated through ILSA PA 2000 over which he had control resulted in payments to him as follows: Description Value Citation 223597 Invoice # 5691 Campaign literature 50.00 55.00 141.62 Total $246.62 105. Moore was suspended from his position as Deputy Secretary effective close of business on February 27, 2002. a. Moore's suspension was confirmed by way of correspondence dated March 5, 2002, generated by John P. Sariano, Director, Bureau of Human Resources. Check Date Check No. Check Amount Date STD419 Prepared STD 419 Remarks 02/11/02 760 $954.46 01/13/02 Received from Robert E. Moore for personal calls, May 01 to January 02. 02/27/02 768 $119.09 03/20/02 Check #0768 for ',119.09 from Robert E. Moore for personal .hone calls. 03/08/02 772 $79.99 03/20/02 Check #0772 for '.79.99 from Robert E. Moore for personal phone calls. 03/19/02 779 $264.00 03/29/02 Represents reimbursement to the Commonwealth for personal telephone calls made by Robert Moore. 03/28/02 783 $67.90 04/04/02 Reimbursement to the Commonwealth for personal telephone calls made by Robert E. Moore. 05/23/02 799 $220.90 06/05/02 Check #799 - Robert E. Moore to reimburse the Commonwealth for non - business calls. TOTAL $1,706.34 Moore 02- 062 -C2 Page 26 1. Noted in the correspondence was that Moore would remain in suspension status until a final determination was made regarding his employment status. b. Moore's suspension beginning on February 28, 2002, was converted into a five -day suspension without pay and benefits effective February 28, 2002, through March 6, 2002. c. As of March 7, 2002, Moore was returned to his position as Deputy Secretary for Safety and Standards and was compensated as such through March 22, 2002. d. Effective March 23, 2002, Moore was demoted to the non -civil service position of Labor Law Investigator, Department of Labor and Industry, BLLC, Philadelphia Regional Office. 106. Between February 11, 2002, and May 23, 2002, Moore issued six personal checks with accompanying correspondence to the Comptroller's Office for the purpose of reimbursing the Commonwealth for cellular expenses incurred as follows: a. Accompanying each check from Moore was an STD419, "Refund of Expenditures" form documenting the payment. b. Accompanying correspondence from Moore indicates that due to personal issues, Moore may not have been as attentive as he needed to be regarding personal calls made. c. Accompanying statements did not specify how Moore determined the reimbursement amounts. d. Moore did not identify all of the personal calls made on the accompanying statements. Moore 02- 062 -C2 Page 27 107. Effective September 12, 2002, Moore was indefinitely suspended without pay and without benefits from his probationary non -civil service Labor Law Investigator position in the BLLC pending investigation. a. The action was taken in accordance with Article 28 of the AFSCME Master Agreement. b. The action was taken as a result of alleged improprieties by Moore including his mismanagement, misuse and /or abuse of Commonwealth funds, resources and equipment; conduct unbecoming a Commonwealth Employee; and conduct likely to bring the Commonwealth into disrepute. 108. Moore was terminated from his probationary non -civil service Labor Law Investigator position in the BLLC effective close of business November 4, 2002. a. Moore was made aware of his termination by way of correspondence from Sariano dated November 1, 2002. 109. On November 19, 2002, Sariano generated correspondence to Terri Snyder, Section Chief Receivable, Bureau of Commonwealth payroll Operations informing that the Department of Labor and Industry was requiring Moore to reimburse the BLLC for all cell phone calls to Montana and personal cell phone calls except those made to his wife and daughter from January 27, 2000, through January 28, 2002. a. Snyder was also informed that Moore purchased used Commonwealth computer equipment below market value as determined by the Department of General Services and was required to reimburse the BLLC the difference between the amount paid and the market value. 110. Snyder's office was assigned the task of reclaiming cell phone expenses in the amount of $1,496.16 and computer equipment reimbursement in the amount of $180.20 from Moore's leave payout. a. Moore was notified of the reimbursement requirement in correspondence from Sariano dated November 19, 2002. b. The deductions were processed on November 25, 2002. c. The funds were deducted from Moore's December 6, 2002, payout check. 111. Moore made reimbursement to ILSA PA 2000 in the amount of $241.62 via deposit into the ILSA PA 2000 account at the Lansford, PA office of M &T Bank on March 13, 2002. a. Scaran provided a deposit receipt dated March 13, 2002, to Barnett documenting the deposit. b. Noted in Barnett's handwriting is, "3- 22 -02, Received from Jerry Scaran (to put in ILSA file) from Bob Moores deposit." c. The $241.62 deposit was provided by Moore as reimbursement for Moore's personal use of funds from the ILSA PA 2000 account. 1. $141.62 of the deposit was reimbursement for funds issued to Scaran from the I LSA PA 2000 account for the purchase of campaign literature. 2. The remaining $100.00 of the deposit could was [sic] be specifically Calendar Year Date Filed 1997 04/20/98 1998 03/30/99 1999 03/23/00 2000 04/03/01 2001 04/02/02 2002 04/23/03 Moore 02- 062 -C2 Page 28 identified. 112. On March 20, 2002, M &T Bank Senior Teller Susan Serfass generated correspondence to ILSA PA 2000 indicating that an individual from "your company" deposited $241.62 into a closed account at the Lansford, PA office. a. Serfrass advised that the closed account could not be re- opened. b. Serfrass forwarded an M &T Bank check to I LSA PA in the amount of $241.62. c. The correspondence and check from Serfrass was [sic] forwarded to Barnett for disposition. 1. Barnett relinquished custody of the check effective March 5, 2003, to representatives of the Pennsylvania Office of the Attorney General. 2. The check has not yet been cashed. 113. Moore has reimbursed the Commonwealth and I LSA PA 2000 a total of $3,781.92 [sic] for cellular phone expenses, the purchase of used Commonwealth equipment, and personal use of ILSA PA 2000 funds partially generated by the Commonwealth as follows: Description Reimbursement amount Cellular Phone Expenses $3,279.75 Computers and Equipment 180.20 ILSA Account 241.62 Total $3,701.57 The following findings are related to Moore's failure to file Statements of Financial Interests for Calendar Years 2001 and 2002 114. Statement of Financial Interests filing requirements for public officials and public employees are mandated by Section 1104 of the State Ethics Act. a. Moore was required to file Statements of Financial Interests by May 1 annually in his positions as Director of the BLLC and Deputy Secretary of Safety and Labor - Management Relations. 115. Moore completed and filed Statements of Financial Interests for calendar years 1997 through 2000 as shown: III. DISCUSSION: Respondent Robert Moore (also referred to herein as "Respondent" or "Moore ") has at all times relevant to these proceedings been a public official /public employee subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, Moore 02- 062 -C2 Page 29 65 P.S. § 401, et seq. as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 seq., § 1101 et seq., which Acts are referred to herein as the "Ethics Act." The allegations are that Moore, as Director of the Bureau of Labor Law Compliance for the Department of Labor & Industry, violated Sections 1103(a) and 1103(b) of the Ethics Act when he used the authority of his public position for a private pecuniary gain, including but not limited to: (1) utilizing Commonwealth provided cellular telephones and landlines to make personal telephone calls which were paid for by the Commonwealth; (2) utilizing Commonwealth vehicles and employees for personal business while on Commonwealth time; (3) authorizing the sale of computers and related equipment belonging to the Bureau in order to purchase computers for himself and /or members of his immediate family; (4) soliciting contributions from associations, contractors and /or labor unions falling within the scope of enforcement and regulatory action of the Bureau of Labor Law Compliance for the Interstate Labor Standards Association (I LSA) PA 2000 conference, a Bureau of Labor Law Compliance sponsored event; (5) converting ILA PA 2000 conference funds for his own personal use; and (6) failing to file Statements of Financial Interests by May 1 S annually for calendar years 2001 and 2002. Pursuant to Section 3(a)/1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. - -No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. § 403(a)/65 Pa.C.S. § 1103(a). The term "conflict of interest" is 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. 65 P.S. § 402/65 Pa.C.S. § 1102. Section 3(a)/1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 3(b)/1103(b) of the Ethics Act, pertaining to improper influence, provides as follows: §1103. Restricted activities Moore 02- 062 -C2 Page 30 (b) Seeking improper influence. —No person shall offer or give to a public official, public employee or nominee or candidate for public office or a member of his immediate family or a business with which he is associated, anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror's or donor's understanding that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby. 65 P.S. § 403(b)/65 Pa.C.S. § 1103(b). As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Respondent Moore was employed by the Commonwealth of Pennsylvania, Department of Labor and Industry from August 14, 1995, through November 4, 2002. During the timeframe under review, Moore served in two positions: as Director of the Bureau of Labor Law Compliance (BLLC) from 9/13/96 to 6/14/01, and subsequently as Deputy Secretary for Safety and Labor - Management Relations, from 6/15/01to 3/22/02. We shall first review the stipulated Findings pertaining to Moore's use of Commonwealth cellular telephones and landline telephones for personal telephone calls. In approximately late 1999 /early 2000, Moore authorized the obtaining of cellular telephones for himself, BLLC supervisors, and BLLC investigators. Edward McNamee ( "McNamee "), BLLC Assistant Director, recommended the specific monthly service plan for each BLLC employee receiving a cellular telephone, and Moore approved the plans. At all times relevant to this case, there was a Management Directive applicable to BLLC that restricted the use of Commonwealth cellular telephone equipment and services to official state business /purposes only, except in certain emergency situations (see, Finding 10). Additionally, at Moore's direction, a policy was written and distributed to all BLLC employees, under Moore's title as BLLC director, restricting use of the Commonwealth cellular telephones to business calls. (Findings 11 -12). However, during Moore's tenure as BLLC Director and as Deputy Secretary for Safety and Labor - Management Relations, Moore routinely used BLLC cellular telephones and Commonwealth landline telephones for personal calls. Many of these personal telephone calls were to Ms. Tonya McCormack, a personal acquaintance of Moore's, who was employed by the Montana Department of Labor in Helena, Montana. Moore's personal calls using Commonwealth cellular telephones totaled 16,318 minutes, of which 11,275 minutes were for calls to Montana. Moore used Commonwealth landline telephones to make personal calls totaling 1,244 minutes to Helena, Montana. Prior to 2002, Moore reimbursed the Commonwealth in the amount of $77.25 for certain personal cellular telephone expenses incurred in 2000 while Moore was on vacation. However, from September 9, 1999, to February 26, 2002, the costs of Moore's personal telephone calls using Commonwealth landline and cellular telephones totaled $4,539.85 (see, Finding 38). Additionally, some of the aforesaid personal telephone calls were placed during Moores regular work hours, for which time Moore was compensated in the amount of $2,840.19 (see, Findings 31 -34). Moore also used Commonwealth employees and vehicles for personal matters. Moore 02- 062 -C2 Page 31 On May 10, 2000, following a conference discussed more fully below, Moore used his Commonwealth vehicle to transport McCormack to Baltimore - Washington International (BWI) Airport at a cost of approximately $51.18. On February 12, 2002, Gerald Barnett, one of Moore's subordinates, drove Moore in a Commonwealth vehicle to a hearing before a District Justice in Everett, Pennsylvania, regarding a speeding ticket that Moore had received. Two additional subordinates met Moore at the District Justice's office after receiving direction from Moore to take Moore to the Flight 93 crash site in Shanksville, Pennsylvania. Moore and the subordinate employees who accompanied him to the hearing and crash site were paid Commonwealth wages totaling $595.65 for time spent relative to Moore's non - Commonwealth activities on February 12, 2002. Additionally, Moore's use of a Commonwealth vehicle for personal business that day resulted in costs of at least $84.68. We shall now review the stipulated Findings pertaining to Moore's authorizing and purchasing of BLLC computers and related equipment. In early to mid -1998, Moore instructed McNamee to research and order computers and computer related accessories for the BLLC. This led to the purchase of forty computers and copiers / fax/scan ners. In early 2001, Moore informed McNamee that he wanted the BLLC to purchase new, updated computers to replace those purchased in 1998. Moore instructed McNamee that the BLLC had money available for the purchase. On January 19, 2001, a Field Purchase Order was generated for the new computer systems and related equipment. This purchase resulted in a surplus of computers within the BLLC. Moore then authorized the sale of surplus BLLC computers and related equipment to BLLC employees. Moore instructed Barnett to do a mass e- mailing to the BLLC staff providing them the opportunity to purchase their old computers and related equipment. Moore stated to Barnett that the cost for the old equipment would be $25.00 for the computers, $10.00 for the monitors, and $10.00 for the printers plus 6% sales tax tentative upon the purchase of new monitors and printers. Barnett distributed the e-mail. Moore purchased two of the BLLC surplus computers for personal use at a cost of $26.50 each. On May 21, 2001, a Field Purchase Order was issued for the purchase of thirty -five seventeen -inch monitors and additional computer systems and peripherals for the BLLC. Upon receipt of the new monitors, BLLC employees interested in purchasing their old monitors sent money orders to the Harrisburg Main Office for the purchases. Moore purchased two of the BLLC surplus monitors for personal use at a total cost of $21.20. In mid -to -late 2001, new print /copy /fax/scan machines were purchased for the BLLC. Subsequently, BLLC employees interested in purchasing their old printers sent money orders to the Harrisburg Main Office for the purchases. Moore purchased three printers and two monitors for personal use at a total cost of $53.00. As to all of the above transactions, Moore did not follow established procedures for the disposition of surplus equipment. Moore believed the equipment could be sold to employees, and he relied on Department of Labor & Industry staff to establish the procedure for the disposition of the surplus equipment. None of the equipment was released to the Department of General Services (DGS) for disposition. DGS prices for the equipment would have been higher than the prices set by Moore. During 2001, DGS set approximate selling values for surplus computers and related equipment as follows: computers, $75.00; seventeen -inch monitors, $35.00; and all -in -one printer /copier/ scanner /fax, $25.00. We shall now review the stipulated Findings relating to Moore's solicitation of Moore 02- 062 -C2 Page 32 contributions from associations, contractors, and /or labor unions falling within the scope of enforcement and regulatory action of the BLLC. In approximately 1996, the Pennsylvania Department of Labor and Industry became involved with the Interstate Labor Standards Association (ILSA). ILSA's membership is divided into four geographical regions. Pennsylvania is in the Northeast Region. ILSA holds an annual conference. ILSA regional conferences may also be held. Funding for ILSA regional conferences is primarily generated through registration fees from participating members. However, hosting states sometimes solicit labor and management organizations for contributions to the conferences. Moore was elected I LSA Northeast Regional Representative for the year 2000. Moore informed Barnett that as part of his duties as the Northeast Regional Representative, Pennsylvania would be hosting a regional conference. Moore informed Barnett that outside organizations would be solicited for conference sponsorships. As detailed in Findings 84 -85, Barnett generated letters to outside groups, including labor and management organizations, requesting financial assistance for the regional conference. Noted in the letter was that if an organization sponsored an event, a sign indicating who sponsored the event would be placed in the room of the event sponsored. The letters were primarily distributed between February 16, 2000, and April 27, 2000. Of the eleven minimum organizations solicited, eight organizations provided funds for the ILSA PA 2000 conference totaling $2,350.40 (see, Finding 87). All of those groups providing financial assistance were organizations that could have potential dealings with the Department of Labor and Industry and /or the BLLC. Next, we shall review the stipulated Findings relating to Moore's use of ILSA PA 2000 funds for personal purposes. Moore, McNamee, and Barnett determined that an ILSA checking account would be established separate from the Department of Labor and Industry for financial management of the regional conference. This decision was made in order to avoid restrictions and regulation that would have occurred had the financial aspects of the conference been run through the Department of Labor and Industry. On February 28, 2000, Moore, Barnett, and McNamee opened a checking account in the name of ILSA PA 2000 at Keystone Financial Bank. Moore, Barnett, and McNamee were authorized signers on the account. Two signatures were required for checks written. All funds raised in association with the conference were deposited into the ILSA PA 2000 account at Keystone Financial. Moore's acquaintance, Tonya McCormack of the Montana Department of Labor, attended the ILSA PA 2000 regional conference, even though Montana is not included in the Northeast Region of ILSA. McCormack and /or the Montana Department of Labor paid no fees to ILSA PA 2000 for registration, special events, transportation, or lodging. Noted in handwriting on McCormack's registration form is "Complimentary" and "Full Conference." At Moore's direction, McCormack was provided one of the complimentary rooms that had been provided to the Department of Labor and Industry for booking the conference. As noted above, on May 10, 2000, at the conclusion of the conference, Moore used his assigned Commonwealth vehicle to drive McCormack to BWI Airport in an attempt to secure a flight. While at BWI Airport, Moore received a ticket /summons in the amount of $50.00 and a towing invoice in the amount of $55.00 for leaving his Commonwealth vehicle unattended. At Moore's direction, Barnett issued two checks from the ILSA account to cover the costs associated with the ticket and towing fees incurred by Moore. During 2000, Moore was also actively involved in the George W. Bush Presidential Campaign. Moore placed an order for campaign literature through Jerry Scaran ( "Scaran "), Moore 02- 062 -C2 Page 33 Harrisburg District Office BLLC Investigator. Scaran paid for the literature with his own funds. Moore gave Scaran a partial reimbursement in cash and informed Scaran that he would pay him the balance in the amount of $141.62 at a later date. Moore subsequently directed Barnett to issue reimbursement in the amount of $141.62 to Scaran from the ILSA PA 2000 account. Barnett issued a check dated November 6, 2000, paid to the order of "Cash" in the amount of $141.62 from the ILSA PA 2000 account. Barnett and McNamee signed the check, and Barnett endorsed and cashed it. Barnett provided the money to Moore, who reimbursed Scaran with the funds withdrawn from the I LSA account. Moore did not reimburse the ILSA PA 2000 account for the personal use of the funds at that time. During 2002 Moore was suspended, demoted, and subsequently indefinitely suspended without pay and without benefits pending investigation as to alleged improprieties by Moore including mismanagement, misuse and /or abuse of Commonwealth funds, resources and equipment; conduct unbecoming a Commonwealth Employee; and conduct likely to bring the Commonwealth into disrepute. Moore was ultimately terminated from employment with the BLLC effective close of business November 4, 2002. Per the Stipulated Findings, Moore has reimbursed the Commonwealth and ILSA PA 2000 in the total amount of $3,701.57 for telephone expenses, the purchase of used Commonwealth equipment, and personal use of ILSA PA 2000 funds. Of the total amount, $3,279.75 was for telephone expenses; $180.20 was for used Commonwealth equipment; and $241.62 was for use of ILSA PA 2000 funds. Finally, with regard to the allegation that Moore failed to file Statements of Financial Interests for calendar years 2001 and 2002, the parties have stipulated that Moore completed and filed the forms on April 2, 2002, and April 23, 2003, respectively. 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. The Consent Agreement proposes that this Commission find: no violation of Section 1103(b) of the Ethics Act regarding the solicitation of contributions from various associations and union groups falling within the scope of enforcement and regulatory action of the BLLC; no violation of the Ethics Act regarding allegations that Moore authorized the sale of computers and related equipment to himself and /or members of his immediate family; a violation of Section 1103(a) of the Ethics Act as to Moore's use of Commonwealth provided cellular telephones and landline telephones to make personal telephone calls while on Commonwealth time; a violation of Section 1103(a) of the Ethics Act as to Moore's use of ILSA funds for personal use; a violation of Section 1103(a) of the Ethics Act as to Moore's use of Commonwealth vehicles and employees for other than Commonwealth purposes; and no violation of Section 1104(a) of the Ethics Act based upon the stipulated fact that Moore filed Statements of Financial Interests for the 2001 and 2002 calendar years by April 2, 2002, and April 23, 2003, respectively. As part of the Consent Agreement, Moore has agreed to make payment in the amount of $2,500.00 in settlement of this matter, with said amount to be payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter or remitted in monthly payment installments of $250.00, with the first installment due and payable within thirty (30) days of the issuance of any Order in this matter. In considering the Consent Agreement, it is clear that the elements for a violation of Section 1103(b) of the Ethics Act (pertaining to persons seeking improper influence) have not been established as to the solicitation of contributions from various associations and union groups falling within the scope of enforcement and regulatory action of the BLLC, and therefore we find no violation as to that particular allegation. Moore 02- 062 -C2 Page 34 Based upon the stipulated Findings, we shall accept the parties' negotiated agreement that there was no violation of the Ethics Act as to the allegations that Moore authorized the sale of computers and related equipment to himself and /or members of his immediate family. The Investigative Division, through its prosecutorial discretion, has determined not to pursue a violation as to these particular allegations. It would seem that the only basis for finding no violation would be the applicability of the class /subclass exclusion to the statutory definition of "conflict" or "conflict of interest." 65 Pa.C.S. § 1102. That is, although Moores use of the authority of his public position in directing the purchase of equipment created a surplus, and Moore's further use of the authority of his public position in directing the sale of the surplus equipment outside proper procedures resulted in a financial benefit to Moore and /or his immediate family members, numerous other BLLC employees were also provided with the opportunity to purchase such surplus equipment. While we certainly do not condone Moore's conduct, and while questions exist as to whether Moore was legitimately part of the class /subclass given the positions that he held, we shall accept the agreement of the parties and find no violation as to this allegation due to the ostensible applicability of the class /subclass exclusion set forth in the statutory definition of "conflict" or' conflict or interest." 65 Pa.C.S. § 1102. Moore violated Section 1103(a) of the Ethics Act as to his use of Commonwealth provided cellular telephones and landline telephones to make personal telephone calls while on Commonwealth time. Moore used the authority of his public position to obtain cellular telephones for him and certain other BLLC employees. Moore then used Commonwealth cellular telephones as well as Commonwealth landline telephones to place personal telephone calls. But for his Commonwealth position, Moore would not have had access to Commonwealth telephones. Moore's personal use of the Commonwealth telephones was unauthorized and resulted in a private pecuniary benefit to Moore. From September 9, 1999, to February 26, 2002, the costs of Moore's personal telephone calls using Commonwealth landline and cellular telephones totaled $4,539.85. Additionally, Moore was compensated by the Commonwealth in the amount of $2,840.19 for time he spent on personal telephone calls. Each element of a conflict of interest has been established as to this allegation. Moore also violated Section 1103(a) of the Ethics Act as to his use of I LSA funds for personal purposes. Moore was involved with ILSA as part of his official duties for the Commonwealth of Pennsylvania Department of Labor and Industry. Moore used the authority of his public position by participating in the decision to set up an ILSA account for the ILSA PA 2000 regional conference as a separate bank account, thereby avoiding departmental restrictions and scrutiny. Moore further used the authority of his public position to direct his subordinate, Barnett, to issue from the I LSA account checks to cover personal costs incurred by Moore totaling $246.62. Specifically, ILSA funds were used to cover a ticket /summons ($50.00) and towing fees ($55.00) incurred by Moore while transporting McCormack to the BWI Airport as well as costs for campaign literature ordered by Moore ($141.62). While the above improper uses of ILSA funds have been clearly established and are themselves sufficient to support the violation of Section 1103(a), we would parenthetically note that there is little doubt that Moore was also responsible for providing McCormack with the complimentary registration she received at the regional conference, depriving I LSA of funds it would otherwise have received from a conference attendee. Moore violated Section 1103(a) of the Ethics Act as to his use of Commonwealth vehicles and employees for other than Commonwealth purposes. Moore utilized a Commonwealth vehicle to transport McCormack to the BWI airport on May 10, 2000, at a cost of approximately $51.18. Additionally, Moore utilized a Commonwealth vehicle and Commonwealth employees on February 12, 2002, relative to Moore contesting a speeding ticket and visiting the Flight 93 crash site. The cost of Moore's and the subordinates' time totaled $595.65. The cost for use of the Commonwealth vehicle totaled at least $84.68. Moore 02- 062 -C2 Page 35 Finally, we conclude that Moore did not violate Section 1104(a) of the Ethics Act as to allegations that he failed to file Statements of Financial Interests by May 1 annually for calendar years 2001 and 2002. The stipulated Findings establish that Moore timely filed Statements of Financial Interests for the 2001 and 2002 calendar years by April 2, 2002, and April 23, 2003, respectively. Per the stipulated Findings, Moore has made reimbursements for some but not all of the improper financial gains that he received in violation of the Ethics Act. In settlement of this matter, Moore has agreed to make an additional payment to the Commonwealth in the amount of $2,500.00, which payment does not fully satisfy Moore's shortfall, but is done in the context of a settlement. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, Moore is directed to make payment in the amount of $2,500.00 to the Commonwealth of Pennsylvania through this Commission within thirty (30) days of the mailing date of this Order or remitted in monthly payment installments of $250.00, with the first installment due and payable within thirty (30) days of the mailing date of this 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. Robert Moore ( "Moore "), in his former positions with the Commonwealth of Pennsylvania, Department of Labor and Industry as Director of the Bureau of Labor Law Compliance (BLLC) from 9/13/96 to 6/14/01, and as Deputy Secretary for Safety and Labor - Management Relations from 6/15/01 to 3/22/02, was a public official /public employee subject to the provisions of the Public Official and Employee Ethics Law, Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which Acts are referred to herein as the "Ethics Act." 2. Moore did not violate Section 1103(b) of the Ethics Act regarding the solicitation of contributions from various associations and union groups falling within the scope of enforcement and regulatory action of the BLLC, in that the elements for a violation of Section 1103(b) have not been established. 3. Moore did not violate the Ethics Act regarding allegations that he authorized the sale of computers and related equipment to himself and /or members of his immediate family in that Moore's official actions affected to the same degree a class /subclass. 4. Moore violated Section 1103(a) of the Ethics Act as to his use of Commonwealth provided cellular telephones and landline telephones to make personal telephone calls while on Commonwealth time. 5. Moore violated Section 1103(a) of the Ethics Act as to his use of Interstate Labor Standards Association (ILSA) funds for personal use to pay for a ticket /summons, towing fees, and costs for campaign literature. 6. Moore violated Section 1103(a) of the Ethics Act as to his use of Commonwealth vehicles and employees for other than Commonwealth purposes. 7. Moore did not violate Section 1104(a) of the Ethics Act as to allegations that he failed to file Statements of Financial Interests by May 1 S annually for calendar years 2001 Moore 02- 062 -C2 Page 36 and 2002 based upon the stipulated fact that Moore timely filed the Statements of Financial Interests. In Re: Robert Moore File Docket: 02- 062 -C2 Date Decided: March 11, 2004 Date Mailed: March 26, 2004 ORDER NO. 1317 1. Robert Moore ( "Moore "), who was a public official /public employee in his former positions with the Commonwealth of Pennsylvania, Department of Labor and Industry as Director of the Bureau of Labor Law Compliance (BLLC) from 9/13/96 to 6/14/01, and as Deputy Secretary for Safety and Labor - Management Relations from 6/15/01 to 3/22/02, did not violate Section 1103(b) of the Ethics Act regarding the solicitation of contributions from various associations and union groups falling within the scope of enforcement and regulatory action of the BLLC, in that the elements for a violation of Section 1103(b) have not been established. 2. Moore did not violate the Ethics Act regarding allegations that he authorized the sale of computers and related equipment to himself and /or members of his immediate family in that Moore's official actions affected to the same degree a class /subclass. 3. Moore violated Section 1103(a) of the Ethics Act as to his use of Commonwealth provided cellular telephones and landline telephones to make personal telephone calls while on Commonwealth time. 4. Moore violated Section 1103(a) of the Ethics Act as to his use of Interstate Labor Standards Association (ILSA) funds for personal use to pay for a ticket /summons, towing fees, and costs for campaign literature. 5. Moore violated Section 1103(a) of the Ethics Act as to his use of Commonwealth vehicles and employees for other than Commonwealth purposes. 6. Moore did not violate Section 1104(a) of the Ethics Act as to allegations that he failed to file Statements of Financial Interests by May 1 S annually for calendar years 2001 and 2002 based upon the stipulated fact that Moore timely filed the Statements of Financial Interests. 7. Per the Consent Agreement of the parties, Moore is directed to make payment in the amount of $2,500.00 to the Commonwealth of Pennsylvania through this Commission within thirty (30) days of the mailing date of this Order or remitted in monthly payment installments of $250.00, with the first installment due and payable within thirty (30) days of the mailing date of this Order. a. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. b. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair