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PHONE: 717-783-1610 STATE ETHICS COMMISSION
TOLL FREE:1-800-932-0936 FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
In Re: Marvin J. Rudnitsky, File Docket: 22-0094-C
Respondent Order No. 1844
Date Decided: 4/9/25
Date Mailed: 4/10/25
Before: Michael A. Schwartz, Chair
David L. Reddecliff, Vice Chair
Paul E. Parsells
Robert P. Caruso
Emilia McKee Vassallo
This is a final adjudication of the State Ethics Commission.
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.pa.gov
Procedurally, the Investigative Division of the State Ethics Commission conducted an
investigation regarding possible violation(s) of the Public Official and Employee Ethics Act
("Ethics Act"), 65 Pa.C.S. § 1101 et sew., by the above -named Respondent, At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to
the Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order. The Consent Agreement has been approved.
L ALLEGATIONS:
That Marvin Rudnitsky, a public official in his capacity as a Member of Council for the
Borough of Selinsgrove (`Borough"), Snyder County, Pennsylvania, violated Sections 1103(a),
1104(a), 1105(a), 1105(b)(1), 1105(b)(6), 1105(b)(7), and 1105(b)(8) of the Ethics Act:
(1) When he participated in discussions and actions of Borough Council to disburse
funds to the Regional Engagement Center, a non-profit business with which he and
his daughter, an immediate family member, are associated;
(2) When he failed to list the correct calendar year on his Statement of Financial
Interests intended for calendar year 2019;
(3) When he failed to include any office, directorship, or employment in any business
entity on his Statements of Financial Interests for calendar years 2018, 2019, 2020,
2021, and 2022;
(4) When he failed to disclose whether he received any gift or gifts valued at $250 or
more and the name and address of the source and the amount of any payment for
Rudnitsky, 22-0094-C
Page 2
or reimbursement of actual expenses for transportation and lodging or hospitality
received in the amount of $650 or more on his Statement of Financial Interests for
calendar year 2022; and
(5) When he failed to disclose his address on his Statements of Financial
Interests for calendar years 2020 and 2021.
IL FINDINGS:
1. Marvin Rudnitsky ("Rudnitsky") served as a Member of Council for Selinsgrove Borough
(`Borough") from January 6, 2014, until his resignation effective April 3, 2023.
a. Borough Council consists of seven Members and a Mayor.
b. Rudnitsky also served as Borough Council President and a member of the Finance
Committee from at least 2016 until his resignation.
C. Rudnitsky received no compensation for his service on Borough Council, as
Borough Council President, or as a member of the Finance Committee.
d. Rudnitsky also serves as a Member of the Regional Engagement Center ("REC")
Board of Directors.
1. Rudnitsky has served as ,Secretary of the REC Board of Directors since its
inception around February 29, 2016.
e. Rudnitsky has received no compensation for his service on the REC Board of
Directors or as Secretary of the REC Board of Directors.
f. Rudnitsky is an attorney and a long-standing member of the Pennsylvania Bar.
2. The REC is a non-profit organization which began operation around October 2017.
a. The REC is located in the Borough.
b. The REC offers after school drop -in programs, summer programs and mentoring
programs.
C. KeIly Feiler ("Feiler") is the REC President.
1. Feiler is the daughter of Rudnitsky.
2. The Members of Borough Council, the Borough's professional staff, and
the Borough Solicitor all had knowledge of Rudnitsky's relationship to
Feiler.
3. From July 5, 2018, through August 30, 2022, the REC received Gelnett Trust grants from
the Borough totaling approximately $277,835.00.
Rud� ....._.__titskv. 22-0094-C
Page 3
a. These grants were used for summer camp programs run during 2018 through 2022,
after school drop -in programs during 2019 and 2021, HVAC repairs during 2020,
and other initiatives.
b. This finding was consistent with the missions of the Gelnett Trust and the REC.
C. The funds distributed to the REC were used for the purposes for which they were
authorized.
4. Articles of Incorporation for the REC were filed with the Pennsylvania Department of
State, Corporation Bureau on March 29, 2016, effective March 30, 2016.
a. These corporate papers were filed under the heading of a Domestic Non -Profit
Corporation.
b. Marvin J. Rudnitsky, JD, is reported as the incorporator.
5. The REC also filed Charitable Organization Registrations with the Pennsylvania
Department of State for fiscal years ending December 31, 2017, December 31, 2019, and
December 31, 2022.
a. Marvin Rudnitsky is listed as being in charge of solicitation activities on filings for
the fiscal years ending December 31, 2017, and December 31, 2019.
b. The report for fiscal year ending December 31, 2022, lists the question: "are any
Officers, Directors, Trustees or employees related by blood?"
1. The response was yes, Kelly Feiler is the daughter of Marvin Rudnitsky,
Secretary of the Board.
6. IRS 990 Forms filed by the REC covering the years 2016 through 2021 each identified
Marvin Rudnitsky as the REC Secretary.
a. No compensation is reported as being paid to any Director, including Rudnitsky.
b. Feiler's compensation is reported on each filing.
C. Each filing included a family relationship disclosure stating that "Kelly Feiler and
Marvin Rudnitsky have a family relationship."
7. The Borough inherited approximately $6 million from the estate of Rudy Gelnett, who
passed away on or about November 9, 2010.
a. Included in his will was a bequeath that a trust fund be established with the income
generated from it to be used by the Borough.
Rud»itsky, 22-0094-C
Page 4
b. That income is approximately $300,000 annually dependent upon market
conditions and return on investments.
8. The Borough established a process for the use of "Gelnett Funds."
a. Gelnett Trust grants are provided with Borough Council approval through an
application process.
b. The availability of Gelnett Trust grants is promoted on the Borough's website and
its newsletter, with the actual grant application on the website.
C. The cover page for the grant application states that Gelnett Trust grants may be
used for program development, capital projects, special projects/programs,
equipment that brings new capabilities to an organization, and resources to benefit
the residents of the Borough.
d. The grant application further states that "the sole purpose of the Gelnett Trust is to
promote the health, education and welfare of the citizens of the Borough of
Selinsgrove through distributions for nonprofit purposes."
9. The Borough website further advises applicants that "the Finance Committee will review
requests, along with the current revenues and expenditures of the funds and make
recommendations to Borough Council."
a. The Finance Committee consists of three Members of Borough Council; the
Borough Manager and members of the Borough's professional staff generally
attend the Finance Committee meetings; and no minutes are made of the Finance
Committee meetings.
b. Borough Council makes awards throughout the year based on approved funding.
10. The Borough issues annual Budget Request Letters to entities seeking Gelnett Trust grants.
a. Budget Request Letters provide key dates, including when requests are due and
anticipated reviews and official actions to be taken by the Borough Finance
Committee and Borough Council.
11. The REC was provided with a Budget Request Letter annually beginning approximately
October 13, 2017.
a. The following chart details when budget requests were due and the anticipated
review date by the Borough Finance Committee.
Due Date
Budget Year
Finance Committee Review
10/12/18
2019
11/14/18
10/11/19
2020
11/13/19
10/13/20
2021
11/10/20
10/15/21
2022
11 /10/21
Rudnitsky, 22-0094-C
Page 5
10/14/22 2023 11/09/22
b. Included as part of the Budget Request Letters for 2022 and 2023 was notification
of a mandatory meeting with a representative from all applicants.
These mectings were held on October 4, 2021, and September 21, 2022.
2. The notification letter states that "participation is required to receive
funding."
C. Rudnitsky attended and participated in Finance Committee meetings relating to the
review and Finance Committee approval of Gelnett Trust grant applications.
1. Rudnitsky's participation, as it related to the REC, was to answer questions
raised or posed by members of the Finance Committee or the Borough's
professional staff.
12. The Finance Committee consisted of Borough Council Members Rudnitsky, Bobbie
Owens and Sara Lauver between 2018 and 2022.
Each entity that applied for a Gelnett Trust grant had to submit an application to
the Finance Committee, which was responsible for reviewing all Gelnett Trust grant
applications and did so with the assistance of Borough Manager Lauren Martz and
Borough Treasurer Sharon Badman.
13. Each entity submitted Gelnett Trust grant applications for review and consideration by the
Borough annually beginning in 2018.
a. Each request included the funding amount requested along with an explanation of
its intended use for Finance Committee approval.
b. Rudnitsky participated in the review, consideration and approval of these finding
requests as submitted covering funding provided during calendar years 2018
through 2022; upon submission by the Finance Committee to Borough Council,
these requests were reviewed, considered, and approved by Borough Council
without alteration.
Rudnitsky participated in discussions and annual budget approvals by Borough
Council.
d. Annual Gelnett Trust grant applications included the initials of Borough Treasurer
Sharon Badman, representing review and approval to be included in the budget by
the Finance Committee.
14. In accordance with the above procedure, Feiler submitted Gelnett Trust grant requests on
behalf of the REC for review and consideration by the Borough annually beginning in
2018.
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Page G
a. The REC's applications for Gelnett Trust grants were treated in the same manner,
and subject to the same terms, conditions, and scrutiny, as other applications for
Gelnett Trust grants.
b. In accordance with the above procedure, Rudnitsky participated on the Borough's
behalf in reviewing and approving the REC's Gelnett Trust grant requests from
2018 through 2022.
15. Gelnett Trust grants have annually been provided in response to requests the Borough
received from entities including SARI (local pool), the Gelnett Library, DH&L Fire
Company, DH&L Ambulance, and the REC, among others.
16. Funding allocations from the Gelnett Trust are included as a budgeted line item as part of
the Borough's amlual operating budget under the category Community Acquisition &
Improvement Fund.
a. Rudnitsky voted to approve the Borough's annual operating budget each year from
2018 through 2021.
b. The Borough Manager and the Borough Solicitor were present for each vote and
neither raised a potential conflict of interest on Rudnitsky's part.
In the fall of 2022, another member of Borough Council and the Finance Committee
raised the issue of Rudnitsky's potential conflict of interest as it related to the REC.
d. Rudnitsky sought advice from the Borough Solicitor and the Ethics Commission
concerning this issue and on the basis of that advice, he abstained.
e. Rudnitsky abstained from Borough Council action taken on December 21, 2022,
approving budget allocations for the 2023 calendar year.
f. There was no allegation that the REC received preferential treatment over other
applicants, that funds allocated to the REC were used for any purpose other than an
authorized purpose, or that Rudnitsky personally profited from grants made to the
REC.
g. Each budget approval was for funding covering the following January I" through
December 3 1 " budget year.
17. Community Acquisition & Improvement Fund summaries detail annual contribution totals
from the Gelnett Trust to all recipients.
a. Annual contribution totals from 2018 through 2022 were as follows:
2018: $330,914.01
2019: $329,008.99
2020: $308,269.81
2021: $299,588.04
Rtidnitskv, 22-0094-C
Page 7
2022: $350,779.42
$1,617,560.27
18. From July 5, 2018, through August 3, 2022, the REC received GeInett Trust grants totaling
approximately $277,835.
19. Payments from the Gelnett Trust to grant recipients were made from the Borough's
Community Acquisition & Improvement Account maintained by the Pennsylvania Local
Government Investment Trust.
a. Review of these payments determined that Rudnitsky signed the front side of two
checks totaling $20,000 that were issued by the Borough to the REC.
1. The Borough had a policy requiring two signatures on checks above a
certain amount.
aa. Rudnitsky was one of the municipality officers who had co -
signature authority for such checks.
bb. These checks also included the signature of Paul Williams, the
Borough Manager at the time.
2. The checks did not require the signature of Rudnitsky specifically, as the
remainder of the checks issued to the REC contained signatures of other
Borough officials.
20. Rudnitsky was not compensated for serving as a Member of the REC Board of Directors.
a. Rudnitsky received approximately five reimbursements totaling $2,599.09 from the
REC between October 16, 2017, and February 15, 2023, for items for which he had
paid from personal funds.
b. These reimbursements were for supplies, t-shirts, and equipment.
C. Rudnitsky did not receive wages or other compensation from the REC.
21. Rudnitsky donated, exclusive of his time, at least $90,617.50 of his own fiinds to the REC
since April 22, 2016.
22. Feiler received a salary from the REC since 2016.
23. Review of REC Board of Directors meeting minutes found that Feiler would update the
Board on GeInett Trust grant applications pending before Borough Council.
a. Minutes from the REC's May 20, 2021, meeting included the following discussion:
"Kelly reported that she had previously submitted Gelnett grant requests for
$30,000 to assist with the afterschool drop -in program and 30,000 for the summer
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Page 8
camp. Mary suggests they Kelly contact Sheri Bradman to see if anything more is
needed by the Gelnett committee."
Sharon Badman is the Borough Treasurer and Assistant Manager.
2. This is the same advice he gave other Gelnett Trust grant applicants.
24. Borough Council meeting minutes show the following actions Rudnitsky took relating to
the REC beyond approving Gelnett Trust grants:
a. On February 3, 2020, Borough Council approved, by a vote of 5-2, $5,000 in
Gelnett Trust grants to Summer Seals Day Camp, a program not affiliated with the
REC, identified as a non-profit that takes at -risk youth and puts them into a program
in the summer for cognitive and behavioral interventions.
l . "C/P Viker questioned the benefit of only two or three Borough residents,
as well as the role of the Municipality in funding educational programs....
C/P Rudnitsky and C/P Viker voted nay."
b. On July 6, 2020, "Rudnitsky provided contribution and donations revenues for
2018 ($250,905) and 2019 ($138,000) on behalf ofFeiler from the REC."
C. On September 7, 2021, "Rudnitsky thanked Manager Martz for assisting with the
silent auction fundraiser for the REC."
1. It was not uncommon for Rudnitsky as Borough Council President to
recognize the service of the professional staff of the Borough and members
of the community.
d. On July 5, 2022, in the course of discussion concerning a possible RACP grant to
the REC, which grant must be made to a governmental entity, the following
occurred:
"C/P Owens asked Kelly Feiler who the grantee will be for the RACP Grant. There
is a 6-month timeline from the time the grant letter is received. Kelly stated they
have 4 more months to figure out who will be the grantee. President Rudnitsky
stated one option would be the Borough of Selinsgrove. C/P Owens stated the
options would be the municipality or the county. Kelly stated both Drive and Seda-
Cog have discussed they may also be able to be the grantee. C/P Owens stated that
more conversations with the wider community regionally are needed based on who
was listed on the RACP application and who would be impacted."
25. Rudnitsky was routinely included on and participated in Borough email exchanges relating
to the REC and other Gelnett Trust grant applicants.
26. Rudnitsky resigned from Borough Council prior to any 2023 payments being made to the
REC.
Rudnitsky, 22-0094-C
Page 9
a. Rudnitsky is on record as abstaining from Borough Council action taken on
December 21, 2022, approving the Borough's 2023 operating budget.
b. None of these funding requests included Rudnitsky's signatures or initials.
THE FOLLOWING FINDINGS RELATE TO DEFICIENT STATEMENTS OF
FINANCIAL INTERESTS FILED BY RUDNITSKY.
27. In his position as a Member of Borough Council, Rudnitsky was requited to file a
Statement of Financial Interests ("SFI") form by May 0 of each year for the prior calendar
year.
28. Rudnitsky filed deficient and/or incomplete SFIs when he:
a. Reported the incorrect calendar year in Box # 7 on his SFI filed for the 2019
calendar year;
b. Failed to report serving on the REC Board of Directors on SFIs filed for calendar
years 2018 through 2022;
C. Failed to report his address on SFIs filed for calendar years 2020 and 2021; and
d. Failed to provide responses to Box # 11, Gifts and Box # 12, Transportation,
Lodging, Hospitality on his SFI filed calendar year 2022.
III. DISCUSSION;
As a Member of Council for the Borough of Selinsgrove ("Borough"), Snyder County,
Pennsylvania, from January 6, 2014, until April 3, 2023, Marvin Rudnitsky ("Rudnitsky") was a
public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa. C.S. § 1101 et secs.
The allegations are that Rudnitsky violated Sections 1103(a),1104(a), 1105(a), 1105(b)(1),
1105(b)(6), 1105(b)(7), and 1105(b)(8) of the Ethics Act:
(1) When he participated in discussions and actions of Borough Council to disburse
funds to the Regional Engagement Center, a non-profit business with which he and
his daughter, an immediate family member, are associated;
(2) When he failed to list the correct calendar year on his Statement of Financial
Interests ("SFI") intended for calendar year 2019;
(3) When he failed to include any office, directorship, or employment in any business
entity on his SFIs for calendar years 2018, 2019, 2020, 2021, and 2022;
(4) When he failed to disclose whether he received any gift or gifts valued at $250 or
more and the name and address of the source and the amount of any payment for
Rudnitsky, 22-0094-C
Page IO
or reimbursement of actual expenses for transportation and lodging or hospitality
received in the amount of $650 or more on his SFI for calendar year 2022; and
(5) When he failed to disclose his address on his SFIs for calendar years 2020 and
2021.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the second, fourth and fifth allegations set forth above. We therefore need
not address those allegations.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The following terms relevant to Section 1103(a) are defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated,
"Authority of office or employment." The actual power
provided by law, the exercise of which is necessary to the
performance of duties and responsibilities unique to a particular
public office or position of public employment.
"Immediate family." A parent, spouse, child, brother or
sister.
"Business." Any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association, organization,
Rudnitsky, 22-0094-C
Page 11
self-employed individual, holding company, joint stock company,
receivership, trust or any legal entity organized for profit.
"Business with which he is associated." Any business in
which the person or a member of the person's immediate family is a
director, officer, owner, employee or has a financial interest.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited from using the authority of public office/employment or
confidential information received by holding such a public position for the private pecuniary
benefit of the public official/public employee himself, any member of his immediate family, or a
business with which he or a member of his immediate family is associated.
Section 1105(b) of the Ethics Act and its subsections detail the information that a person
required to file the SFI form must disclose.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office,
directorship or employment in any business entity.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
Borough Council consists of seven Members and a Mayor. Rudnitsky served as a Member
of Borough Council from January 6, 2014, until his resignation effective April 3, 2023. Rudnitsky
also served as Borough Council President and as a member of the Borough Finance Committee
from at least 2016 until his resignation in April 2023.
Rudy Gelnett ("Gelnett"), who passed away in 2010, bequeathed approximately $6 million
to the Borough via the establishment of a trust. Pursuant to Gelnett's will, the Rudy Gelnett Trust
("Gelnett Trust") was established. The Borough distributes the income generated from the Gelnett
Trust, which totals approximately $300,000 annually, by awarding Gelnett Trust grants to
nonprofit organizations to fiend programs, projects, and resources benefiting the Borough's
residents.
The Borough utilizes an application process to award Gelnett Trust grants. The Borough
annually issues Budget Request Letters detailing information regarding the grant award process to
organizations that are interested in seeking Gelnett Trust grants. Applications from nonprofit
organizations seeking Gelnett Trust grants are submitted to the Borough Finance Committee,
which consists of three Members of Borough Council. Each Gelnett Trust grant application
includes the funding amount requested along with an explanation of its intended use. The Borough
Finance Committee reviews the applications and makes recommendations to Borough Council,
which awards Gelnett Trust grants throughout the year.
Rudnitsky, 22-0094-C
Page 12
The Regional Engagement Center ("the REC") is anon -profit organization located in the
Borough that offers after school drop -in programs, summer programs, and mentoring programs.
Rudnitsky has served as Secretary of the REC Board of Directors since approximately February
29, 2016. Rudnitsky also serves as a Member of the REC Board of Directors. Rudnitsky receives
no compensation for his service with the REC. Rudnitsky's daughter, Kelly Feiler ("Feiler"), is
the President of the REC.
Since approximately 2017, the REC has annually been provided with a Budget Request
Letter indicating the due date for budget requests and the anticipated date of their review by the
Borough Finance Committee. Beginning in 2018, Feiler annually submitted Gelnett Trust grant
applications on behalf of the REC to the Borough Finance Committee. From 2018 through 2022,
Rudnitsky, as both a member of the Borough Finance Committee and a Member of Borough
Council, participated in the review, consideration and approval of Gelnett Trust grant applications,
including those submitted on behalf of the REC. The REC's applications for Gelnett Trust grants
were treated in the same manner, and subject to the same terms, conditions, and scrutiny, as other
applications for Gelnett Trust grants.
From July 5, 201.8, through August 3, 2022, the REC received Gelnett Trust grants totaling
approximately $277,835 from the Borough. These grants were used for summer camp programs
run during 2018 through 2022, after school drop -in programs during 2019 and 2021, HVAC repairs
during 2020, and other initiatives. Between July 2018 and August 2022, Rudnitsky, as an
authorized Borough signatory, signed two checks totaling $20,000 that were issued to disburse
Gelnett Trust grants to the REC.
In the fall of 2022, another Member of Borough Council who also served on the Borough
Finance Committee raised the issue of Rudnitsky's potential conflict of interest as it related to the
REC. Rudnitsky sought advice from the Borough Solicitor and the Ethics Commission concerning
this issue and on the basis of that advice, he abstained from action taken by Borough Council on
December 21, 2022, that pertained to funding allocations from the Gelnett Trust and the Borough's
2023 annual budget.
As a Member of Borough Council, Rudnitsky was annually required to file an SFI by May
1 containing information for the prior calendar year. Rudnitsky filed deficient SFIs for calendar
years 2018 through 2022 when he failed to report his service on the REC Board of Directors.
Having highlighted the Stipulated Findings and issues before us, we shall now apply the
Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations as
follows:
3. The Investigative Division will recommend the following in relation to the
above allegations:
a. For purposes of a resolution given the terms of this
settlement, Rudnitsky agrees that if this matter went to a
hearing, the Investigative Division could meet the requisite
evidentiary standard and convince a fact finder that a
Rudnitsky, 22-0094-C
Page 1313
violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
he participated in discussions and actions of Borough
Council to disburse funds to the Regional Engagement
Center, a non-profit business with which he and his
daughter, an immediate family member, are associated.
b. That violations of Section 1105(b)(8) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. § It 05 (b)(8), occurred
when Rudnitsky failed to report serving on the Regional
Engagement Center Board of Directors on SFIs filed for
calendar years 2018 through 2022.
C. The remaining allegations be nolle prossed.
4. Rudnitsky agrees to make payment in the amount of $625.00 in settlement
of this matter representing a civil penalty for the violations of Section
1105(b)(S), above, 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.
a. Given that Rudnitsky did not receive a financial gain himself
because of his violation of Section 1103(a), the Invcstigative
Division recommends that no additional penalties be
imposed. See 65 Pa.C.S. §§ 1107(13), 1109(c).
5. Rudnitsky agrees to file complete and accurate amended Statements of
Financial Interests with the Borough of Selinsgrove, through the
Pennsylvania State Ethics Commission, for calendar years 2018 through
2022 within thirty (30) days of the issuance of the final adjudication in this
matter.
6. Rudnitsky agrees to not accept any reimbursement, compensation, or other
payment from the Borough of Selinsgrove representing a full or partial
reimbursement of the amount paid in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter and make no
recommendations to any law enforcement or other authority to take action
in this matter. Such, however, does not prohibit the Commission from
initiating appropriate enforcement actions in the event of Rudnitsky' s
failure to comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to review this
matter further.
a. Rudnitsky has been advised that as a matter of course, all
orders from the Commission are provided to the Attorney
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Page 14
General, albeit without any recommendations pursuant to
Paragraph 7 above.
b. Rudnitsky has been advised that all orders become public
records and may be acted upon by law enforcement as they
deem appropriate.
C. The non -referral language contained in this paragraph is
considered an essential part of the negotiated Consent
Agreement.
Consent Agreement, at 1-3.
We find the Consent Agreement to be an appropriate resolution of this case.
Rudnitsky's daughter, Feiler, is a member of Rudnitsky's "immediate family" as that term
is defined in the Ethics Act. The REC is a business with which Rudnitsky is associated in his
capacities as a Member and Secretary of the REC Board of Directors and with which his daughter
is associated in her capacity as the President of the REC. Rudnitsky used the authority of his
public positions as a member of the Borough Finance Committee and a Member of Borough
Council when, from 2018 through 2022, he participated in the Borough process that reviewed,
considered, and approved REC applications for Gelnett Trust grants and ultimately dispersed
approximately $277,835 in Gelnett Trust grants to the REC.
Rudnitsky agrees that if this matter went to a hearing, the Investigative Division could meet
the requisite evidentiary standard and convince a fact finder that a violation of Section 1103(a) of
the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Rudnitsky participated in discussions and
actions of Borough Council to disburse funds to the REC, a non-profit business with which he and
his daughter, an immediate family member, are associated.
The parties agree, and we hold, that violations of Section 1105(b)(8) of the Ethics Act, 65
Pa.C.S. § 1105(b)(8), occurred when Rudnitsky failed to report serving on the REC Board of
Directors on SFIs fled for calendar years 2018 through 2022.
As part of the Consent Agreement, Rudnitsky has agreed to make payment in the amount
of $625.00, representing a civil penalty for his SFI violations, payable to the Commonwealth of
Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final
adjudication in this matter. Rudnitsky has agreed to not accept any reimbursement, compensation
or other payment from the Borough representing a full or partial reimbursement of the amount paid
in settlement of this matter. Rudnitsky has also agreed to file complete and accurate amended SFIs
for calendar years 2018 through 2022 with the Borough, through this Commission, within thirty
(30) days of the issuance of the final adjudication in this matter.
Given that Rudnitsky did not receive a financial gain himself because of his violation of
Section 1103(a) of the Ethics Act, the Investigative Division recommends that no financial
penalties be imposed upon him for said violation.
We determine that the Consent Agreement submitted by the parties sets forth a proper
Rudnitsky, 22-0094-C
Page 15
disposition of this case, based upon our review as reflected in the above analysis and the totality
of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Rudnitsky is directed to make
payment in the amount of $625.00 payable to the Commonwealth of Pennsylvania and forwarded
to this Commission by no Iaer than the thirtieth (30"') day after the mailing date of this adjudication
and Order.
Rudnitsky is directed to not accept any reimbursement, compensation or other payment
from the Borough representing a Rill or partial reimbursement of the amount paid in settlement of
this matter.
To the extent he has .not already done so, Rudnitsky is directed to file complete and accurate
amended SFIs for calendar years 2018 through 2022 with the Borough, through this Commission,
by no later than the thirtieth (30'h) day after the mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a Member of Council for the Borough of Selinsgrove ("Borough"), Snyder County,
Pennsylvania, from January 6, 2014, until April 3, 2023, Marvin Rudnitsky ("Rudnitsky")
was a public official subject to the provisions of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. For purposes of resolution given the terms of the parties' settlement, Rudnitsky agrees that
if this matter went to a hearing, the Investigative Division could meet the requisite
evidentiary standard and convince a fact finder that a violation of Section 1103(a) of the
Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Rudnitsky participated in discussions and
actions of Borough Council to disburse funds to the Regional Engagement Center, a non-
profit business with which he and his daughter, an immediate family member, are
associated.
3. Violations of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when
Rudnitsky failed to report serving on the Regional Engagement Center Board of Directors
on Statements of Financial Interests filed for calendar years 2018 through 2022.
In Re: Marvin Rudnitsky,
Respondent
File Docket:
22-0094-C
Date Decided:
4/9/25
Date Mailed:
4/10/25
:W 109 ON t N K • 1 � ,
1. For purposes of resolution given the terms of the parties' settlement, Marvin Rudnitsky
("Rudnitsky") agrees that if this matter went to a hearing, the Investigative Division could
meet the requisite evidentiary standard and convince a fact finder that a violation of Section
1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
1103(a), occurred when Rudnitsky, in his capacity as a Member of Council for the Borough
of Selinsgrove (`Borough"), Snyder County, Pennsylvania, participated in discussions and
actions of Borough Council to disburse funds to the Regional Engagement Center, a non-
profit business with which he and his daughter, an immediate family member, are
associated.
2. Violations of Section I I05(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when
Rudnitsky failed to report serving on the Regional Engagement Center Board of Directors
on Statements of Financial Interests filed for calendar years 2018 through 2022.
3. Per the Consent Agreement of the parties, Rudnitsky is directed to make payment in the
amount of $625.00 payable to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30"') day after the
mailing date of this Order.
4. Rudnitsky is directed to not accept any reimbursement, compensation or other payment
from the Borough representing a full or partial reimbursement of the amount paid in
settlement of this matter.
5. To the extent he has not already done so, Rudnitsky is directed to file complete and accurate
amended Statements of Financial Interests for calendar years 2018 through 2022 with the
Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth
(30"') day after the mailing date of this Order.
6. Compliance with paragraphs 3, 4, and 5 of this Order will result in the closing of this case
with no fiirther action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Michael A. Schwartz, Chair