HomeMy WebLinkAbout1845, MazzaresePHONE: 717-783-1610
TOLL FREE: 1-800-932-0936
In Re: Phillip Mazzarese,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
22-0097-C
1845
4/9/25
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 Conurrission.
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 sec.., by the above -named Respondent. At the commencement
of its investigation, the Investigative Division served upon Respondent written notice of the
specific allegations. Upon completion of its investigation, the Investigative Division issued and
served upon Respondent a Findings Report identified as an "Investigative Complaint." A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to
the Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order. The Consent Agreement has been approved.
I. ALLEGATIONS:
That Phillip Mazzarese, a public official in his capacity as a Member of Council for
Gallitzin Borough ("Borough"), Cambria County, Pennsylvania, violated Sections 1103(a),
1105(a), and I I05(b)(3) through I I05(b)(9) of the Ethics Act:
(1) When he used his public position to perform work for and be paid by the Borough
prior to his formal appointment to an employment position with the Borough;
(2) When he used his public position as a Council Member to vote to hire himself as a
part-time, as -needed Borough employee, resulting in a private pecuniary benefit to
himself,
(3) When he used his public position as a Council Member to set and adjust his own
wages during his employment, resulting in a private pecuniary benefit to himself,
(4) When he used his public position as a Council Member to hire his sons as Borough
employees without a vote and instructed staff to pay them prevailing wage for work
completed instead of the standard Borough employee wage;
Mazzarese, 22-0097-C
Page 2
(5) When he filed deficient Statements of Financial Interests for calendar years 2020
and 2021 by failing to disclose any real estate which was sold or leased to the
Commonwealth; the name and address of creditors; all direct or indirect sources of
income; gifts; transportation, lodging, and hospitality; and any office, directorship,
or employment in any business; and
(6) When he filed a deficient Statement of Financial Interests for calendar year 2022
by failing to list any office, directorship, or employment in any business and his
financial interest in any legal entity engaged in business for profit.
11. FINDINGS:
I . PhiIlip Mazzarese ("Mazzarese") is a current Member of Council ("Council") for Gallitzin
Borough (`Borough"), Cambria County, Pennsylvania.
a. Mazzarese was elected to Council on November 7, 2017, and took his oath of office
on January 2, 2018.
b. Mazzarese sewed as Council President from January 6, 2020, until January 2, 2024.
2. The Borough is governed by a seven -Member Council and a Mayor.
a. Council holds one regularly scheduled meeting on the second Wednesday of each
month.
b. Council holds special meetings as necessary.
C. Council Members are compensated for their service once a month in the amount of
$100.00 gross.
3. All Members of Council, including the Council President, routinely vote on motions on the
floor.
a. The Mayor maintains voting privileges only upon a tie -vote occurring among
Council.
4. Voting at Council meetings routinely occurs via "aye/nay" fashion after a motion is
properly made and seconded.
a. Voting involving controversial issues or issues on which significant discussion
occurs are routinely conducted in roll call fashion.
b. Abstentions or objections are specifically noted within the meeting minutes.
5. Minutes from the previous month's meeting are presented to Council at the monthly
meeting.
Mazzarese, 22-0097-C
Page 3
a. The meeting minutes are taken and prepared by the Borough Secretary.
b. A formal vote is taken to approve/accept the minutes,
The minutes are accepted as presented if no objections are voiced.
C. Acceptance of the minutes signifies the accuracy of the minutes.
6. Council Members are provided with a meeting packet at their seats when they arrive at the
monthly meeting.
a. The Borough Secretary is responsible for preparing the meeting packets for each
meeting.
The meeting packets typically include the meeting agenda, previous
month's meeting minutes, any communication and correspondence, and the
expenditure report.
7. The expenditure report lists the Borough bills which are presented to Council for approval.
a, The majority of the bills on the expenditure report are paid prior to the legislative
meeting, including payroll.
1. Payroll is listed in a lump sum on the expenditure report.
b. Approval of the expenditure report represents a retroactive approval for all bills
paid prior to the meeting.
8. Signature authority over the Borough's accounts is maintained by the Council President,
Vice President, and Secretary.
a. Borough checks require two live signatures,
9. The Borough employs a variety of individuals in administrative and road
maintenance/general labor capacities to address the daily operations of the Borough.
a. The Borough employees are not unionized.
10. When the Borough is in need of employees, an ad is placed in local media requesting
individuals to come to the Borough building to fill out an application.
a. The Borough typically utilizes the Mainliner, Altoona Mirror, and Johnstown
Democrat newspapers for advertisements.
11. The Borough Personnel Committee reviews the applications submitted and subsequently
contacts selected candidates for interviews.
Mazzarese, 22-0097-C
Page 4
a. Interviews are typically conducted for all established/existing employment
positions within the Borough.
1. Interviews are not consistently held regarding newly created/seasonal
positions.
b. The Borough Personnel Committee and the Borough Finance Committee make a
recommendation to Council on who to hire and at what salary.
12. The Borough Personnel Committee and the Borough Finance Committee determine a wage
that fits with the budget and present the salary to Council for approval.
a. The Borough's starting salary generally ranges between $10.00 and $15.00 per
hour.
b. The salary established for the selected candidate is typically determined by previous
work experience.
13. The chosen applicant must be approved by Council via vote before they can start their
employment with the Borough.
a. The vote to employ an individual is documented in the meeting minutes.
14. The Borough typically considers raises for its employees while the budget is being
determined for the following year.
a. A raise can be given at any time during the year as long as the increase does not
exceed the yearly budget.
15. The Borough Finance Committee calculates if a specific raise can fit into the budget and
then presents the potential increase to Council.
a. Council must vote on and approve the raise for it to take effect.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT
MAZZARESE USED HIS PUBLIC POSITION TO PERFORM WORK FOR AND BE
PAID BY THE BOROUGH PRIOR TO HIS FORMAL APPOINTMENT TO AN
EMPLOYMENT POSITION WITH THE BOROUGH; THAT HE USED HIS PUBLIC
POSITION TO VOTE TO HIRE HIMSELF AS A PART-TIME, AS NEEDED BOROUGH
EMPLOYEE; AND THAT HE USED HIS PUBLIC POSITION TO SET AND ADJUST HIS
OWN WAGES DURING HIS EMPLOYMENT.
16. The Borough hires qualified individuals for Rill -time, part-time, and seasonal employment
when vacancies arise or additional employees are needed.
a. The Borough tends to hire employees at an hourly rate between $10.00-$15.00 per
hour.
Mazzarese, 22-0097-C
Page 5
1. The rate is determined by the Borough Finance Committee depending on
the individual's experience and the difficulty of the job.
17. ArticIe XI,1104 of the Pennsylvania Borough Code permits members of a borough council
to serve as employees of the borough as long as the population is less than 3,000.
a. The Borough has an approximate population of 1,500.
18. Mazzarese submitted employment applications to the Borough on or about October 19,
2016, and November 15, 2018.
a. Mazzarese was not employed by the Borough following the submission of his
October 19, 2016, application.
b, Mazzarese was on Council when he submitted his second application for
employment with the Borough.
19. Mazzarese completed work for the Borough as an employee prior to the vote to officially
hire him.
a. Although Mazzarese had submitted an application to the Borough on or about
November 15, 2018, no formal vote was taken by Council to approve Mazzarese's
employment at that time.
b. Mazzarese began performing services for the Borough as an employee as of at least
December 18, 2018, for which he received compensation.
20. Between December 2018 and September 2019 - prior to his formal hiring - Mazzarese
submitted timecards to the Borough documenting a total of 285.75 hours worked as a
Borough employee as shown below:
Date
In
Out
Hours
12/18/2018
12:26 p.m.
5:24 p.m.
5:00
12/21120I8
8:05 p.m.
9:05 p.m.
1:00
12/21/2018
I0:22 p.m.
2:35 a.m.
4:15
1/9/2019
1:00 P.m.
3 :00 p.m.
2:00
1/19/2019
8:30 p,m.
8:00 a.m.
t 1:30
1/20/2019
8:30 P.m.
9:30 p.m.
1:00
2/23/2019
4:00 p.m.
8:38 p.m.
4:45
3/2/2019
5:15 P.M.
10:45 p.m.
5:30
3/3/2019
2:30 p.m.
11:10 P.M.
8:45
3/5/2019
2:30 p.m.
4.52 p.m.
2:15
3/5/2019
6:15 p.m.
12:15 .m.
6:00
3/9/2019
10:00 P.M.
12:00 a.m.
2:00
3/25/2019
12:00 p.m.
3:30 p.m.
3 :30
4/3/2019
12:02 p.m. 1
4:15 p.m.
4:15
Mazzarese, 22-0097-C
Page 6
4/8/2019
11:00 a.m.
3:45 p.m.
4:45
4/9/2019
11:00 a.m.
4:40 p,in,
5:45
4/15/2019
10:30 a.m.
4:00 p.m.
5:30
4/16/2019
12:00 p.m,
4:00 p.m.
4:00
4/17/2019
12:30 p.m.
3:00 p.m.
2:30
4/18/2019
12:30 p.m,
8:30 p.m.
8:00
4/20/2019
12:00 p,m.
4:00 p.m.
4:00
5/ 1 /2019
12,30 p.m.
4:30 pan.
4:00
5/4/2019
11:00 a.m.
3:30 p.m.
4:30
5/14/2019
12:00 p.m.
9:00 P.M.
9:00
5/15/2019
12:00 p.m.
10:30 P.M.
10:30
6/13/2019
1:00 P.111.
5:30 p.m.
4:30
6/18/2019
12:00 p.m.
2:00 p,m
2:00
6/18/2019
3:00 p.m.
3:30 p.m.
0:30
6/24/2019
11:00 a.m.
3:33 p.ro.
4:30
6/26/2019
9:10 a.m.
3:19 p.m.
6:00
6/27/2019
11:16 aan.
6:30 p.m.
7:15
6/28/2019
9:00 a.m.
1:00 P.M.
4:00
7/1/2019
8:00 a.m.
6:00 p.m.
10:00
7/7/2019
5:00 P.M.
8:00 P.M.
3.00
7/15/2019
9:30 a.m.
7:30 p.m.
10:00
7/16/2019
8:30 a.m.
6:30 p,m,
10:00
7/24/2019
12:30 pan.
5:30 p.m.
5:00
7/25/2019
10:30 a.m.
7:30 p.m.
9:00
7/31/2019
8:30 a.m.
4:00 p.m.
7:30
8/1/2019
10:00 a.m.
1:00 P.M.
3:00
8/2/2019
4:30 p.m.
8:30 p.m.
4:00
8/4/2019
4:30 p.m.
8:30 p.m.
4:00
8/9/2019
12:00 p.m.
6:30 p.m.
630
8/15/2019
8:30 a.m.
3:30 p.m.
7:00
8/15/2019
430 p.m.
7:15 P.M.
2:45
8/16/2019
9:30 a.m.
3:30 a.m.
6:00
8/16/2019
4:06 p.m.
10:06 p.m.
6:00
8/19/2019
10:00 a.m.
12:00 p.m.
2:00
8/26/2019
10:00 a.m.
12:30 p.m.
2:30
9/10/2019
9:30 a.m.
2:30 p.m.
5:00
9/11/2019
7:00 a.m.
5:30 p,m.
10:30
9/12/2019
9:00 a.m.
5:00 paii.
8:00
9/13/2019
9:00 a.m.
3:00 p.m.
6:00
9/23/2019
1:00 Pan.
2:30 p.m.
1:30
a. Mazzarese's timesheets do not document the specific services performed for the
hours claimed.
Mazzarese, 22-0097-C
Page 7
21. At the November 13, 2019, legislative Council meeting a vote was taken for the Borough
to employ Mazzarese on a part-time as -needed basis.
a. Mazzarese was in attendance at the meeting in his capacity as a Council Member.
b. The vote passed "All Vote Yes" and noted "AVY" for short.
C. No corrections were made to the meeting minutes to indicate that the vote was not
accurate.
22, The minutes of the November 13, 2019, legislative Council meeting do not document
Mazzarese's specific employment position or the starting wage at which he was hired.
a. At the same meeting, Council approved the hiring of another individual on a part-
time basis at a specific starting salary of $10.30 an hour.
23. In 2019, Borough records document Mazzarese's wage at $10.61 per hour for Borough
work.
a. Mazzarese did not appear to receive any raises in 2019.
24. Beginning in 2020, Borough records document Mazzarese's wage at $10.93 per hour for
Borough work.
a. Mazzarese did not appear to receive any additional raises in 2020.
25. Beginning in 2021, Borough records document Mazzarese's wage at $10.93 per hour for
Borough work.
a. Mazzarese did not appear to receive any additional raises in 2021.
26. Beginning in 2022, Borough records document Mazzarese's wage at $11.60 per hour for
Borough work.
a. Mazzarese did not appear to receive any additional raises in 2022.
27. In 2023, Borough records document that the lowest wage Mazzarese received was $12.00
per hour for Borough work.
a. Mazzarese's wages changed between August 2023 and November 2023 as follows:
Pay Date
Check #
Hourly Rate
8/25/2023
7014
$12.00
10/6/2023
70060
$25.00
11/3/2023
3921
$15.00
b. Council meeting minutes contain no documentation showing requests for raises for
Mazzarese or any discussions regarding his wage fluctuation.
Mazzarese, 22-0097-C
Page 8
C. There were no votes by Council to approve wage increases for Mazzarese.
28. In 2024, Borough records indicate that the lowest wage Mazzarese received was $12.00
per hour for Borough work.
a. Mazzarese's wages changed once in January 2024 and again in February 2024 as
follows:
Pay Date
Check #
Hourly Rate
1/12/2024
12262
$40.00
2/9/2024
n/a
$12.00
b. Council meeting minutes contain no documentation showing requests for raises for
Mazzarese or any discussions regarding his wage fluctuation.
C. There were no votes by Council to approve wage increases for Mazzarese.
29. Mazzarese received compensation from the Borough from April 2019 through February
2024 totaling $5,425.07 for his service as a Borough employee.
a. Mazzarese's net compensation from April 2019 through December 2019 totaled
$2,811.47 as follows:
Date
Description
Form
Deposit
4/11/2019
Gallitzin Borough Payment 190411
Direct Deposit
$72.40
4/25/2019
Gallitzin Borough Payment 190425
Direct Deposit
$349.50
5/8/20I9
Gallitzin Borough Payment 190508
Direct Deposit
$74.47
5/23/2019
Gallitzin Borough Payment 190523
Direct Deposit
$295.53
6/21/2019
Gallitzin Borough Payment 190621
Direct Deposit
$130.48
7/5/2019
Gallitzin Borough Payment 190705
Direct Deposit
$209.34
7/18/2019
Gallitzin Borough Payment 190718
Direct Deposit
$204.25
8/1/2019
Gallitzin Borough Payment 190801
Direct Deposit
$290.24
8/15/2019
Gallitzin Borough Payment 190815
Direct Deposit
$303.83
8/29/2019
Gallitzin Borough Payment 190829
Direct Deposit
$205.19
9/12/2019
Gallitzin Borough Payment 190912
Direct Deposit
$23.41
9/26/2019
Gallitzin Borough Payment 190926
Direct Deposit
$341.18
10/10/2019
Gallitzin Borough Payment 19 10 10
Direct Deposit
$14.04
10/24/2019
Gallitzin Borough Payment 191024
Direct Deposit
$88.28
11/21/2019
Gallitzin Borough Payment 191121
Direct Deposit
$88.28
12/19/2019
Gallitzin Borough Payment 191219
Direct Deposit
$121.05
Total
$2,811.47
1. Mazzarese's net compensation included $617.96 for his service on Council.
2. Mazzarese's net compensation as a Borough employee totaled $2,193.51,
Mazzarese, 22-0097-C
Page 9
b. Mazzarese's net compensation for January 2020 through December 2020 totaled
$1,314.73 as follows:
Date
Description
Form
Deposit
1/16/2020
Gallitzin Borough Payment 200116
Direct Deposit
$88.28
2/25/2020
Gallitzin Borott h Pa went 200225
Direct Deposit
$88.28
3/23/2020
Gallitzin Borough Payment 200323
Direct Deposit
$88.28
4/23/2020
Gallitzin Borough Payment 200423
Direct Deposit
$88.28
5/21/2020
Gallitzin Borough Payment 200521
Direct Deposit
$88.28
6/18/2020
Gallitzin Borough Payment 200618
Direct Deposit
$88.28
7/I6/2020
Gallitzin Borough Pa meet 200716
Direct Deposit
$88.28
8/27/2020
Gallitzin Borough Payment 200827
Direct Deposit
$88.28
9/25/2020
Gallitzin Borough Payment 200925
Direct Deposit
$88.28
10/23/2020
Gallitzin Borough Payment 201023
Direct Deposit
$88.28
11/20/2020
Gallitzin Borough Pa went 201120
Direct Deposit
$88.28
12/18/2020
Gallitzin Borough Pa went 201218
Direct Deposit
$88.28
12/31/2020
Gallitzin Borough Payment 201231
Direct Deposit
$230.37
12/14/2020
Christmas Bonus
Check 3683
$25.00
Total
$1,314.73
1. Mazzarese's net compensation included $1,059.36 for his service on
Council.
2. Mazzarese's net compensation as a Borough employee totaled $255.37,
Q. Mazzarese's net compensation for January 2021 through December 2021 totaled
$1,680.27 as follows:
Date
Description
Form
Deposit
1/14/2021
Gallitzin Borou h Pa ment 210114
Direct Deposit
$79.47
1/28/2021
Gallitzin Borough Payment 210128
Direct Deposit
$181.57
2/11/2021
Gallitzin Borou h Pa meat 210211
Direct Deposit
$281.63
2/25/2021
Gallitzin Borough Payment 210225
Direct Deposit
$88.31
3/11/2021
Gallitzin Borough Payment 210311
Direct Deposit
$40.73
3/25/2021
Gallitzin Borough Payment 210325
Direct Deposit
$43.22
4/8/2021
Gallitzin Borou h Pa meat 210408
Direct Deposit
$40.73
4/22/2021
Gallitzin Borough Payment 210422
Direct Deposit
$40.76
5/6/2021
Gallitzin Borough. Payment 210506
Direct Deposit
$40.76
5/20/2021
Gallitzin Borough Payment 210520
Direct Deposit
$40.75
6/3/2021
Gallitzin Borough Payment 210603
Direct Deposit
$40.76
6/17/2021
Gallitzin Borough Payment 210617
Direct Deposit
$40.76
7/l/2021
Gallitzin Borough Payment 210701
Direct Deposit
$40.76
7/15/2021
Gallitzin Borough Payment 210715
Direct Deposit
$40.75
Mazzarese, 22-0097-C
Page 10
7/29/2021
Gallitzin Borough Payment 210729
Direct Deposit
$40.76
8/12/2021
Gallitzin Borough Payment 210812
Direct Deposit
$146.08
8/26/2021
Gallitzin Borough Payment 210826
Direct Deposit
$60.65
9/10/2021
Gallitzin Borough Payment 210910
Direct Deposit
$40.75
9/24/2021
Gallitzin Borough Payment 210924
Direct Deposit
$40.76
10/8/2021
Gallitzin Borough Pa meat 211008
Direct De osit
$40.77
10/22/2021
Gallitzin Borough Payment 211022
Direct Deposit
$40.75
11/5/2021
Gallitzin Borough Pa meat 211105
Direct Deposit
$40.76
11/19/2021
Gallitzin Borough Payment 211119
Direct Deposit
$40.76
12/3/2021
Gallitzin Borough Payment 211203
Direct Deposit
$40.76
12/17/2021
Gallitzin Borough Payment 211217
Direct Deposit
$40.75
12/29/2021
Gallitzin Borou h Payment 211229
Direct Deposit
$40.76
12/20/2021
Christmas Bonus
Check 3723
$25.00
Total
$1,680.27
1. Mazzarese's net compensation included $1,059.36 for his service on
Council.
2. Mazzarese's net compensation as a Borough employee totaled $620.91.
d. Mazzarese's net compensation for January 2022 through December 2022 totaled
$1,400.67 as follows:
Date
Description
Form
Deposit
1/14/2022
Gallitzin Borough Payment 220114
Direct Deposit
$88.28
1/28/2022
Gallitzin Borough Payment 220128
Direct Deposit
$148.49
2/11/2022
Gallitzin Borou h Pa ment 220211
Direct Deposit
$88.28
3/11/2022
Gallitzin Borough Payment 220311
Direct Deposit
$88.28
4/8/2022
Gallitzin Borou h Pa ment 220408
Direct Deposit
$88.28
5/6/2022
Gallitzin Borough Payment 220506
Direct Deposit
$88.28
6/3/2022
Gallitzin Borough Payment 220603
Direct Deposit
$88.28
7/1/2022
Gallitzin Borough Payment 220701
Direct Deposit
$88.28
8/26/2022
Gallitzin Borough Payment 220825
Direct Deposit
$240.12
9/9/2022
Gallitzin Borough Payment 220909
Direct Deposit
$88.28
10/7/2022
Gallitzin Borough Payment 221007
Direct Deposit
$88.28
10/21/2022
Gallitzin Borough Payment 221021
Direct Deposit
$4098
11/4/2022
Gallitzin Borough Payment 221104
Direct Deposit
$88.28
12/2/2022
Gallitzin Borough Payment 221202
Direct Deposit
$88.28
Total
$1400.67
1. Mazzarese's net compensation included $1,059.36 for his service on
Council.
2. Mazzarese's net compensation as a Borough employee totaled $330.33.
Mazzarese, 22-0097-C
Page 11
C. Mazzarese's net compensation for January 2023 through December 2023 totaled
$2,774.24 as follows:
Date
Description
Form
Deposit
1/13/2023
Gallitzin Borough Payment 230113
Direct Deposit
$88.28
2/10/2023
Gallitzin Borough Payment 230210
Direct Deposit
$88.28
3/10/2023
Gallitzin Borough Payment 230310
Direct Deposit
$88.28
4/7/2023
Gallitzin Borou li Payment 230407
Direct Deposit
$88.28
5/5/2023
Gallitzin Borou h Payment 230503
Direct Deposit
$88.28
6/2/2023
Gallitzin Borough Payment 230602
Direct Deposit
$88.28
7/14/2023
Gallitzin Borough Payment 230714
Direct Deposit
$88.28
8/11/2023
Gallitzin Borough Payment 230811
Direct Deposit
$88.28
8/25/2023
Gallitzin Borough Payment 230825
Direct De osit
$215.83
9/8/2023
Gallitzin Borough Payment 230908
Direct Deposit
$88.28
10/6/2023
Gallitzin Borough Payment 231006
Direct De osit
$652.28
10/20/2023
Gallitzin Borough Pa ment 231020
Direct Deposit
$232.37
11/3/2023
Gallitzin Borough Payment 231103
Direct Deposit
$702.68
11/17/2023
Gallitzin Borough Payment 231117
Direct Deposit
$88.28
12/15/2023
Gallitzin Borough Payment 231215
Direct Deposit
$88.28
Total
$2,774.24
1. Mazzarese's net compensation included $1,059,36 for his service on
Council.
2. Mazzarese's net compensation as a Borough employee totaled $1,714.88.
f. Mazzarese's net compensation for January and February 2024 totaled $841.65 as
follows:
Date
Description
Form
Deposit
1/12/2024
Gallitzin Borough Payment 240112
Direct Deposit
$257.84
2/9/2024
Gallitzin Borough Pa ment 240209
Direct Deposit
$583.81
Total
$841.65
*includes $325.02 net for his employment with the Gallitzin Borough Sewer Authority during February 2024.
1. Mazzarese's net compensation included $176.56 for his service on Council.
2. Mazzarese's net compensation as a Borough employee totaled $340.07.
30. By voting for himself to be employed by the Borough, Mazzarese used his office for
financial gain in the amount of $5,425.07 as follows:
Year
Total
2019 (April -Dec)
$2,193.51
2020
$255.37
2021
$620.91
Mazzarese, 22-0097-C
Page 12
2022
$300.33
2023
$1,714.88
2024 Jain -Feb
$340.07
Total
$5,425.07
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT
MAZZARESE USED HIS PUBLIC POSITION TO HIRE HIS SONS AS BOROUGH
EMPLOYEES WITHOUT A VOTE AND INSTRUCTED STAFF TO PAY THEM
PREVAILING WAGE FOR WORK COMPLETED INSTEAD OF THE STANDARD
BOROUGH EMPLOYEE WAGE.
31. Mazzarese owns Mazz's Elite Contracting located at 312 Foster Street, Gallitzin, PA
16641.
a. Mazz's Elite Contracting was licensed as a contractor through the Commonwealth
of Pennsylvania through November 10, 2024.
b. As of December 3, 2024, Mazzarese's license as Mazz's Elite Contracting had not
been renewed.
32. Mazzarese does not employ any fiili-time employees for Mazz's Elite Contracting.
a. Mazzarese does most of the work for Mazz's Elite Contracting on his own.
33. Mazz's Elite Contracting can complete a multitude of different contracting jobs.
a. Mazzarese primarily completes sewer work and other excavating projects under his
contracting services.
34. Mazzarese has completed jobs for the Borough under Mazz's Elite Contracting.
a. Mazzarese was either the lowest bid or the only bid for projects which the Borough
awarded to Mazz's Elite Contracting.
1. Mazzarese has abstained from any votes regarding the Borough utilizing his
services through his contracting business.
35. Prevailing wages are wages based on laws to ensure fair compensation for labor, maintain
standards of living for workers, and prevent undercutting wages in government funded
projects.
a. Prevailing wages are typically determined by each individual state based on surveys
completed in the area in which the work is being completed.
b. Prevailing wage encompasses the hourly wages, benefits, and overtime paid to
workers, laborers, and mechanics employed to complete applicable public works
projects.
Mazzarese, 22-0097-C
Page 13
C. Prevailing wages are specific to contractors, subcontractors, and employers who
bring on workers for a specific project.
36. The Prevailing Wage Act ("PWA") specifies that appropriate prevailing wage rates may
apply for public work projects financed by grant fiends; however, the PWA does not apply
to work performed by the project owner's in-house employees.
a. The PWA defines public work as construction, reconstruction, demolition,
alteration and/or repair work other than maintenance work, done under contract and
paid for in whole or in part out of the funds of a public body where the estimated
cost of the total project is in excess of twenty-five thousand dollars, but shall not
include work performed under a rehabilitation or manpower training program.
37. Gremlin Park ("Park") is an athletic field in the Borough that was named after the former
high school mascot.
a. Council began planning a significant improvement project for the Park no later than
2018.
b. The improvement project was ultimately separated into four distinct phases due to
financial concerns.
38. To assist with project finances, Council applied for a grant from the Pennsylvania
Department of Conservation and Natural Resources ("DCNR").
a. The Borough was awarded a grant from DCNR on November 15, 2018,
39. The Borough advertised for and received bids for the Gremlin Park Improvement Project
("Park Project"); however, no contractor was awarded the contract from the bids received.
a. Borough officials had difficulty finding a contractor to complete the work due to
bids coming in higher than expected.
I , Part of the reason for the high bid amounts was due to contractors being
required to pay their employees prevailing wages on public work projects.
b. The grant received from DCNR was not sufficient to meet the Park Project's
financial needs.
40. To assist with the financial concerns, Council separated the Park Project into different
phases and applied for additional grants from DCNR and the Pennsylvania Department of
Community and Economic Development ("DCED"),
a. The Borough utilized the original DCNR grant for Phase I of the Park Project.
b. The Borough was awarded a grant for Phase II of the Park Project from DCED on
September 25, 2019.
Mazzarese, 22-0097-C
Page 14
C. The Borough was awarded a grant for Phase III of the Park Project from DCNR on
December 30, 2021.
41. The first phase of the Park Project commenced in 2020.
a. The first phase included the construction of a pavilion and other items.
42. The second phase of the Park Project commenced in 2021 and continued through 2022.
a. The second phase included laying the foundation and erecting the support walls for
a concession stand.
43. The third phase of the Park Project commenced in 2022 and continued into 2024.
a. The third phase included continued work on the concession stand and bathroom
facilities.
On February 6, 2023, Council advertised for concrete, electrical, plumbing
and roofing work for the concession stand and restroom via one bid.
aa. No bids were received in response to the advertisement.
2. On April 12, 2023, Council advertised for bids to be accepted for sewer
pipe, sanitary hookup and waterline hookup for the Park via one bid.
aa. At the May 10, 2023, meeting, Mazzarese was awarded the bid for
the sewer work related to the Park Project.
i. Mazzarese's was the only bid received.
44. Jack Mazzarese ("J. Mazzarese") is Mazzarese's son.
a. J. Mazzarese is currently employed with the Johnstown Sewage Treatment Plant as
an Operator.
b. J. Mazzarese is not employed by his father's company, Mazz's Elite Contracting,
1. J. Mazzarese occasionally assists his father when requested by Mazzarese.
45. Mazzarese approached J. Mazzarese and inquired if he would be interested in completing
the work on the concession stand at the Park.
a. Mazzarese also enlisted the assistance of Andrew Delgrande ("Delgrande") and
Kody Glass ("Glass") to assist with the concession stand.
1. Delgrande is a close friend and colleague of J. Mazzarese.
2. Glass frequently assists Mazzarese with projects.
Mazzarese, 22-0097-C
page 15
46. Mazzarese informed J. Mazzarese, Delgrande, and Glass that they would be paid prevailing
wage for the work completed on the concession stand.
a. J. Mazzarese, Delgrande, and Glass were ultimately paid $40.00 an hour by the
Borough for the work they performed.
47. Mazzarese hired J. Mazzarese, Delgrande, and Glass as Borough employees in September
2023 to complete work on the concession stand at the Park.
a. Neither J. Mazzarese, Delgrande, nor Glass filled out an application form with the
Borough.
1. The only paperwork on file for J. Mazzarese is a W-4 form.
b. Neither J. Mazzarese, Delgrande, nor Glass were interviewed for a position with
the Borough.
C. There were no votes by Council to approve the employment of J. Mazzarese,
Delgrande, or Glass.
48. Mazzarese, J. Mazzarese, Delgrande, and Glass completed the roof on the concession
stand.
a. The project was completed in approximately one month.
49. J. Mazzarese, Delgrande, and Glass informed Mazzarese of the number of hours they
worked on the concession stand project.
a. Mazzarese relayed the number of hours worked to the Borough Secretary/Treasurer
for payment of wages to J. Mazzarese, Delgrande, and Glass.
50. J. Mazzarese received a total of five checks from the Borough totaling $3,610,08 for his
work on the roofing project as detailed below:
Date
Check #
Name
Anmount
Cashed/De osited
10/4/2023
3899
J. Mazzarese
$847.48
Deposited
10/16/2023
3902
J. Mazzarese
$188.12
Deposited
10/20/2023
3904
J. Mazzarese
$568.72
De osited
11/3/2023
3915
J. Mazzarese
$849.73
Cashed
12/15/2023
3947
J. Mazzarese
$1,156.03
Cashed
Total
$3 610.08
a. Mazzarese signed all of J. Mazzarese's checks.
51. Craig Mazzarese CV. Mazzarese") is Mazzarese's son.
a. C. Mazzarese has worked as an employee of Mazz's Elite Contracting.
Mazzarese, 22-0097-C
Page 16
52. Rick Mazur, whom the Borough contracted with for plumbing and electric work, informed
Mazzarese that he could not complete the work in the concession stand as there was no
drywall installed in the building.
a. Mazzarese informed Council that the drywall needed to be installed.
b. Mazzarese told Council that he and Glass would complete the drywall job.
53. Mazzarese and Glass began the project, but Mazzarese was unable to complete the project
due to an injury to his leg.
a. Mazzarese contacted Conway and informed her that C. Mazzarese was going to
help Glass.
b. Mazzarese called Conway while lie was at the concession stand attempting to take
the drywall into the building.
C. C. Mazzarese was with Mazzarese at the time that Mazzarese contacted Conway,
as C. Mazzarese was assisting Mazzarese with hanging doors on the concession
stand.
54. Mazzarese hired C. Mazzarese as a Borough employee in January 2024 to install the
drywall on the inside of the concession stand at the Park.
a. C. Mazzarese did not fill out an application form with the Borough.
1. The only paperwork on file for C. Mazzarese is a W-4 form.
b. C. Mazzarese was not interviewed for his position with the Borough.
C. There was no vote by Council to approve C. Mazzarese's employment with the
Borough.
d. The project lasted approximately one week.
Due to Mazzarese's injury, his work was limited to delivering the
drywalling materials for the project.
55. C. Mazzarese and GIass informed Mazzarese of the number of hours they worked to install
the drywall in the concession stand.
a. Mazzarese relayed the number of hours worked to the Borough Secretary/Treasurer
for payment of wages to C. Mazzarese and Glass.
56. C. Mazzarese received one check from the Borough totaling $623.00 for his work on the
drywall project as shown below:
Date I Check # I Name I Amount Cashed/De —as —it ed
Mazzarese, 22-0097-C
Page 17
1/12/2024 3971 C. Mazzarese $623.00 Cashed
Total 1 $623.00
a. C. Mazzarese was paid $40.00 an hour for his work hanging drywall.
57. J. Mazzarese and C. Mazzarese, Mazzarese's sons, each realized a personal financial gain
of $3,610.08 and $623.00 respectively when Mazzarese used the authority of his office to
unilaterally hire his sons and set their hourly wages in association with services performed
on the Park Project.
THE FOLLOWING FINDINGS RELATE TO MAZZARESE'S DEFICIENCIES ON
STATEMENT OF FINANCIAL INTERESTS FORMS FOR CALENDAR YEARS 2020,
2021, AND 2022.
58. Statement of Financial Interests ("SFI") filing requirements for public officials and public
employees are mandated by Section 1104 of the Ethics Act.
a. Section I I04(a) reads, in part, as follows:
"...Any other public employee or public official shall file a statement of financial
interests with the governing authority of the political subdivision by which he is
employed or within which he is appointed or elected no later than May 1 of each
year that he holds such a position and of the year after he leaves such a position."
59. Mazzarese was required to file SFIs by May J." annually for calendar years 2018-2022 in
his capacity as a Council Member for the Borough.
a. Mazzarese was provided with an SFI form by the Borough Secretary each year.
1. The Borough had three Secretaries during Mazzarese's tenure on Council.
b. Traditionally the SFI forms are put in each Council Member's meeting packet once
they are received in the mail by the Borough Secretary.
60. An SFI compliance review was conducted at the Borough on February 7, 2024.
Mazzarese had SFIs on file for calendar years 2020, 2021, and 2022.
The folders containing all the SFIs for calendar years 2018 and 2019 could
not be located by the Borough Secretary/Treasurer during the course of the
investigation.
61. Mazzarese failed to provide all requested information on his 2020 calendar year SFI, his
2021 calendar year SFI, and his 2022 calendar year SFI.
a. Mazzarese's SFIs for calendar years 2020 and 2021 contained the following
deficiencies:
Mazzarese, 22-0097-C
Page 18
Mazzarese failed to disclose any real estate which was sold or leased to the
Commonwealth;
2. Mazzarese failed to disclose the name and address of creditors;
3. Mazzarese failed to disclose his contracting business, Mazz's Elite
Contracting, in Box 10 as a source of income;
4. Mazzarese failed to disclose whether he received any gifts or transportation,
lodging or hospitality; and
5. Mazzarese failed to identify his pizza shop, Mazz's Pizza Plus, and his
contracting business, Mazz's Elite Contracting, as businesses in which he
had directorship and employment.
b. Mazzarese's SFl for calendar year 2022 contained the following deficiencies:
Mazzarese failed to identify his pizza shop, Mazz's Pizza Plus, and his
contracting business, Mazz's Elite Contracting, as businesses in which he
had directorship and employment; and
2. Mazzarese failed to disclose his financial interest in any legal entity engaged
in business for profit.
111. DISCUSSION:
As a Member of Council for Gallitzin Borough ("Borough"), Cambria County,
Pennsylvania, from January 2, 2018, to the present, Phillip Mazzarese ("Mazzarese") has been a
public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1101 et se�C.
The allegations are that Mazzarese violated Sections 1103(a), 1105(a), and 1105(b)(3)
through 1105(b)(9) of the Ethics Act:
(1) When he used his public position to perform work for and be paid by the Borough
prior to his formal appointment to an employment position with the Borough;
(2) When he used his public position as a Council Member to vote to lure himself as a
part-time, as -needed Borough employee, resulting in a private pecuniary benefit to
himself;
(3) When he used his public position as a Council Member to set and adjust his own
wages during his employment, resulting in a private pecuniary benefit to himself;
(4) When he used his public position as a Council Member to hire his sons as Borough
employees without a vote and instructed staff to pay them prevailing wage for work
completed instead of the standard Borough employee wage;
Mazzarese, 22-0097-C
Page 19
(5) When he filed deficient Statements of Financial Interests ("SFIs") for calendar
years 2020 and 2021 by failing to disclose any real estate which was sold or leased
to the Commonwealth; the name and address of creditors; all direct or indirect
sources of income; gifts; transportation, lodging, and hospitality; and any office,
directorship, or employment in any business; and
(6) When he filed a deficient SFI for calendar year 2022 by failing to list any office,
directorship, or employment in any business and his financial interest in any legal
entity engaged in business for profit.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the third and fourth allegations set forth above as well as the allegation
regarding Section 1105(a) of the Ethics Act. 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.
65 Pa.C.S. § 1102.
Mazzarese, 22-0097-C
Page 20
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 financial disclosure that a
person required to file the SFI form must provide.
Section 1105(b)(3) of the Ethics Act requires the filer to disclose on the SFI any direct or
indirect interest in any real estate which was sold or leased to or purchased or leased from the
Commonwealth, any of its agencies or political subdivisions, or which was the subject of any
condemnation proceedings by the Commonwealth or any of its agencies or political subdivisions.
Subject to certain statutory exceptions, Section 1105(b)(4) of the Ethics Act requires the
filer to disclose on the SFI the name and address of each creditor to whom is owed in excess of
$6,500 and the interest rate thereon.
Subject to certain statutory exceptions, Section 1105(b)(5) of the Ethics Act requires the
filer to disclose on the SFI the name and address of any direct or indirect source of income totaling
in the aggregate $1,300 or more.
Subject to certain statutory exceptions, Section 1105(b)(6) of the Ethics Act requires the
filer to disclose on the SFI the name and address of the source and the amount of any gift or gifts
valued in the aggregate at $250 or more and the circumstances of each gift.
Subject to certain statutory exceptions, Section 1105(b)(7) of the Ethics Act requires the
filer to disclose on the SFI the name and address of the source and the amount of any payment for
or reimbursement of actual expenses for transportation and lodging or hospitality received in
connection with public office or employment where such actual expenses exceed $650 in an
aggregate amount per year.
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.
Section 1105(b)(9) of the Ethics Act requires the filer to disclose on the SFI any financial
interest in any legal entity engaged in business for profit. The term "financial interest" is defined
in the Ethics Act as "[ajny financial interest in a legal entity engaged in business for profit which
comprises more than 5% of the equity of the business or more than 5% of the assets of the economic
interest in indebtedness," 65 Pa.C.S, § 1102.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now sununarize the relevant facts as contained therein,
Mazzarese, 22-0097-C
Page 21
The Borough is governed by a seven -Member Council and a Mayor. Mazzarese began
serving as a Member of Council on January 2, 2018, and he served as Council President from
January 6, 2020, until 'January 2, 2024.
The Borough hires qualified individuals for fiill-time, part-time, and seasonal employment
when vacancies arise or additional employees are needed. The Borough tends to hire employees
at an hourly rate between $10.00 and $15.00 based upon work experience and the difficulty of the
job.
When the Borough needs to fill an employment position, individuals are invited to apply
for the position by an advertisement placed in local media. After the application process is
completed, the Borough Personnel Committee and the Borough Finance Committee make
recommendations to Council on which applicant to hire and the salary to be paid. The chosen
applicant cannot start employment with the Borough until Council votes to approve the chosen
applicant for Borough employment.
Section 1104 of the Borough Code, 8 Pa.C.S. § 1104, permits members of a borough
council to serve as employees of the borough as long as the borough has a population of less than
3,000. The Borough has a population of approximately 1,500.
Mazzarese first submitted an employment application to the Borough in October 2016, but
he was not hired for Borough employment at that time. Mazzarese submitted a second employment
application to the Borough on November 15, 2018, by which time he had begun serving as a
Member of Council. As of at least December 18, 2018, Mazzarese began performing work for the
Borough as an employee even though Council had not yet voted to approve him for Borough
employment. A vote to approve Mazzarese for Borough employment was not taken until
November 13, 2019. Between December 2018 and September 2019, Mazzarese submitted time
cards to the Borough that documented a total of 285.75 hours worked as a Borough employee.
During a meeting held on November 13, 2019, Mazzarese participated in a unanimous
Council vote that approved him for Borough employment on a part-time, as -needed basis. Minutes
of the meeting do not document Mazzarese's specific employment position or his starting wage.
Mazzarese was subsequently paid a wage that ranged between $10.61 and $15.00 per hour, with
the exception of one pay date in 2023 for which he was paid $25.00 per hour and one pay date in
2024 for which he was paid $40.00 per hour. From April 2019 through February 2024, Mazzarese
received compensation totaling $5,425.07 for work performed as a Borough employee.
As a Council Member, Mazzarese is annually required to file an SFI by May 1 containing
information for the prior calendar year. On his SFIs for calendar years 2020 and 2021, Mazzarese
failed to disclose, (1) any direct or indirect interest in real estate that was sold or leased to or
purchased or leased from the Commonwealth or its agencies or political subdivisions, or that was
the subject of condemnation proceedings by the Commonwealth or its agencies or political
subdivisions; (2) the name and address of any creditors to whom he owed in excess of $6,500; (3)
his contracting business, Mazz's Elite Contracting, as a source of income in excess of $1,300; (4)
any gifts or any transportation, lodging or hospitality meeting the reporting requirements of
Sections 1105(b)(6) and 1105(b)(7) of the Ethics Act, respectively; and (5) his directorship and
employment with his pizza shop, Mazz's Pizza Plus, and with his contracting business, Mazz's
Elite Contracting. On his SFI for calendar year 2022, Mazzarese failed to disclose his directorship
Mazzarese, 22-0097-C
Page 22
and employment with his pizza shop and with his contracting business as well as his financial
interest in any legal entity engaged in business for profit.
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. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Mazzarese used his public position to perform work for and
be paid by the Borough prior to his formal appointment to an
employment position with the Borough;
b. That a violation of Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Mazzarese used his public position as a Council Member to
vote to hire himself as a part-time, as -needed Borough
employee resulting in a private pecuniary benefit to himself;
C. That a violation of Sections 1105(b)(3), 1105(b)(4),
1105(b)(5), 1105(b)(6), 1105(b)(7), and 1105(b)(8) of the
Public Official and Employee Ethics Act, 65 Pa.C,S. §§
1105(b)(3 — 8), occurred when Mazzarese filed deficient
Statements of Financial Interests for calendar years 2020 and
2021 by failing to disclose any real estate which was sold or
leased to the Commonwealth; the name and address of
creditors; all direct or indirect sources of income; gifts;
transportation, lodging, and hospitality; and any office,
directorship, or employment in any business; and
d. That a violation of Sections 1105(b)(8) and 1105(b)(9) of the
Public Official and Employee Ethics Act, 65 Pa.C.S. §§
1105(b)(8), 1105(b)(9), occurred when Mazzarese filed a
deficient Statement of Financial Interests for calendar year
2022 by failing to list his office, directorship, or employment
in any business and his financial interest in any legal entity
engaged in business for profit.
e. The remaining counts will be nolle prossed.
4. Mazzarese agrees to make payment in the amount of $3,087.54 in settlement of
this matter as follows:
Mazzarese, 22-0097-C
Page 23
a. Mazzarese agrees to make payment in the amount of
$2,712.54 payable to Gallitzin Borough, and forwarded to
the Pennsylvania State Ethics Commission, within six (6)
months of the issuance of the final adjudication in this
matter.
b. Mazzarese agrees to make payment in the amount of $375.00
payable to the Commonwealth of Pennsylvania, and
forwarded to the Pennsylvania State Ethics Commission,
within six (6) months of the issuance of the final adjudication
in this matter.
5. Mazzarese agrees to file complete and accurate amended Statements of
Financial Interests with Gallitzin Borough, through the Pennsylvania State
Ethics Commission, for calendar years 2020, 2021, and 2022, within thirty
(30) days of the issuance of the final adjudication in this matter.
6. Mazzarese agrees to not accept any reimbursement, compensation or other
payment from Gallatzin Borough 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 fiirther action in this matter and make no specific
recommendations to any law enforcement or other authority to take action
in this matter. Such, however, does not prohibit the Commission from
initiating appropriate enforcement actions in the event of Mazzarese'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. Mazzarese has been advised that as a matter of course, all
orders from the Commission are provided to the Attorney
General, albeit without any specific recommendations
pursuant to Paragraph 7 above.
b. Mazzarese 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 2-3.
We agree with the parties that violations of Section 1103(a) of the Ethics Act occurred: (1)
when Mazzarese used his public position to perform work for and be paid by the Borough prior to
Mazzarese, 22-0097-C
Page 24
his formal appointment to an employment position with the Borough; and (2) when Mazzarese
used his public position as a Council Member to vote to hire himself as a part-time, as -needed
Borough employee, resulting in a private pecuniary benefit to himself.
After Mazzarese began serving as a Member of Council, he submitted an employment
application to the Borough in November 2018. Even though Council did not take any action at
that time to approve Mazzarese for Borough employment, he still submitted timecards
documenting 285.75 hours of work performed for the Borough from December 2018 through
September 2019. It is clear that but for being a Member of Council, Mazzarese would not have
been in a position to submit timecards in the absence of having been approved for employment
with the Borough. Then, even though the Borough Code does not authorize a borough council
member to vote to appoint himself to a position of employment with his borough, Mazzarese
participated in Council's vote on November 13, 2019, that approved him for employment with the
Borough on a part-time, as -needed basis. As a result of his actions, Mazzarese realized a private
pecuniary benefit in the nature of compensation that was not authorized in law.
Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of
Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Mazzarese used his public
position to perform work for and be paid by the Borough prior to his formal appointment to an
employment position with the Borough. We further hold that a violation of Section 1103(a) of the
Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Mazzarese used his public position as a Council
Member to vote to hire himself as a part-time, as -needed Borough employee, resulting in a private
pecuniary benefit to himself.
We agree with the parties and we hold that: (1) a violation of Sections 1105(b)(3),
1105(b)(4), 1105(b)(5), 1105(b)(6), 1105(b)(7), and 1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(3)—(1105)(b)(8), occurred when Mazzarese filed deficient SFIs for calendar years 2020
and 2021 by failing to disclose any real estate which was sold or leased to the Commonwealth; the
name and address of creditors; all direct or indirect sources of income; gifts; transportation,
lodging, and hospitality; and any office, directorship, or employment in any business; and (2) a
violation of Sections 1105(b)(8) and 1105(b)(9) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(8),
1105(b)(9), occurred when Mazzarese filed a deficient SFI for calendar year 2022 by failing to list
his office, directorship, or employment in any business and his financial interest in any legal entity
engaged in business for profit.
As part of the Consent Agreement, Mazzarese has agreed to make payment in the total
amount of $3,087.54 in settlement of this matter by making payments in the amounts of $2,712.54
payable to the Borough and $375.00 payable to the Commonwealth of Pennsylvania, with such
payments forwarded to this Commission within six (6) months of the issuance of the final
adjudication in this matter. Mazzarese 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. Mazzarese has also agreed to file complete and accurate amended
SFIs for calendar years 2020, 2021, and 2022 with the Borough, through this Commission, within
thirty (30) days of the issuance of the final adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a proper
disposition of this case, based upon our review as reflected in the above analysis and the totality
of the facts and circumstances.
Mazzarese, 22-0097-C
Page 25
Accordingly, per the Consent Agreement of the parties, Mazzarese is directed to make
payment in the amount of $2,712.54 payable to Gallitzin Borough and forwarded to this
Commission within six (6) months of the issuance of this adjudication and Order. Mazzarese is
further directed to make payment in the amount of $375.00 payable to the Commonwealth of
Pennsylvania and forwarded to this Commission within six (6) months of the issuance of this
adjudication and Order.
Mazzarese 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.
To the extent he has not already done so, Mazzarese is directed to file complete and
accurate amended SFIs for calendar years 2020, 2021, and 2022 with the Borough, through this
Commission, by no later than the thirtieth (30'") day after the mailing date of this adjudication and
Order.
Compliance with the foregoing will result in the closing of this case with no fiirther action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS Or LAW:
1. As a Member of Council for Gallitzin Borough ("Borough"), Cambria County,
Pennsylvania, from January 2, 2018, to the present, Phillip Mazzarese ("Mazzarese") has
been a public official subject to the provisions of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sec
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Mazzarese used his public position to perform work for and be paid by the Borough prior
to his formal appointment to an employment position with the Borough.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Mazzarese used his public position as a Council Member to vote to hire himself as a part-
time, as -needed Borough employee, resulting in a private pecuniary benefit to himself.
4. A violation of Sections 1105(b)(3), 1105(b)(4), 1105(b)(5), 1105(b)(6), 1105(b)(7), and
1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(3)—(1105)(b)(8), occurred when
Mazzarese filed deficient Statements of Financial Interests for calendar years 2020 and
2021 by failing to disclose any real estate which was sold or leased to the Commonwealth;
the name and address of creditors; all direct or indirect sources of income; gifts;
transportation, lodging, and hospitality; and any office, directorship, or employment in any
business.
5. A violation of Sections 1105(b)(8) and 1105(b)(9) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(8), 1105(b)(9), occurred when Mazzarese filed a deficient Statement of Financial
Interests for calendar year 2022 by failing to list his office, directorship, or employment in
any business and his financial interest in any legal entity engaged in business for profit.
In Re: Phillip Mazzarese, File Docket: 22-0097-C
Respondent Date Decided: 4/9/25
Date Mailed: 4/10/25
ORDER NO. 1845
1. A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when Phillip Mazzarese ("Mazzarese") used his
public position as a Member of Council for Gallitzin Borough ("Borough"), Cambria
County, Pennsylvania, to perform work for and be paid by the Borough prior to his formal
appointment to an employment position with the Borough.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Mazzarese used his public position as a Council Member to vote to hire himself as a part-
time, as -needed Borough employee, resulting in a private pecuniary benefit to himself.
3. A violation of Sections 1105(b)(3), 1105(b)(4), 1105(b)(5), 1105(b)(6), 1105(b)(7), and
1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(3)----(1105)(b)(S), occurred when
Mazzarese filed deficient Statements of Financial Interests for calendar years 2020 and
2021 by failing to disclose any real estate which was sold or leased to the Commonwealth;
the name and address of creditors; all direct or indirect sources of income; gifts;
transportation, lodging, and hospitality; and any office, directorship, or employment in any
business.
4. A violation of Sections 1105(b)(8) and 1105(b)(9) of the Ethics Act, 65 Pa.C.S. §§
1105(b)(8), 1105(b)(9), occurred when Mazzarese filed a deficient Statement of Financial
Interests for calendar year 2022 by failing to list his office, directorship, or employment in
any business and his financial interest in any legal entity engaged in business for profit.
5. Per the Consent Agreement of the parties, Mazzarese is directed to make payment in the
amount of $2,712.54 payable to Gallitzin Borough and forwarded to the Pennsylvania State
Ethics Commission within six (6) months of the issuance of this Order.
6. Per the Consent Agreement of the parties, Mazzarese is directed to make payment in the
amount of $375.00 payable to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission within six (6) months of the issuance of this Order.
7. Mazzarese 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.
8. To the extent he has not already done so, Mazzarese is directed to file complete and
accurate amended Statements of Financial Interests for calendar years 2020, 2021, and
Mazzarese, 22-0097-C
Page 27
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.
9. Compliance with paragraphs 5, 6, 7, and S of this Order will result in the closing of this
case with no further action by this Commission.
a. Non-cornpliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Michael A. Schwartz, Chair