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HomeMy WebLinkAbout1856 NazarenkoPHONE; 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: Andrew Nazarenko, File Docket; 25-0150-C Respondent Order No. 1856 Date Decided: 4/16/26 Date Mailed: 4/23/26 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 Conunission. FACSIMILE: 717-787-0806 WEBSITE: www.ethirs.pa.gov Procedurally, the hnvestigative 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 Findings in this Order are derived from the parties' Stipulation of Findings. The Consent Agreement has been approved. I. ALLEGATIONS: That Andrew Nazarenko, a public official as a Supervisor for Madison Township, violated Sections 1103(a), 1105(b)(1), 1105(b)(3), and 1105(b)(4) of the Ethics Act: (1) When he participated in discussions and voted to accept a bid from Pella. Windows and Doors of Northeast Pennsylvania, resulting in a pecuniary benefit to Pella Windows and Doors of Northeast Pennsylvania, a business with which his daughter is associated; (2) When he filed a deficient Statement of Financial Interests ("SFI") for calendar year 2020 when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof, (3) When he filed a deficient SFI for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate thereon and when he failed to disclose whether he had any direct or Nazarenko, 25-0150-C Page 2 indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof; and (4) When he filed a deficient SFI for calendar year 2022 when he failed to include his address and when he failed to disclose the interest rate on any loan in an amount in excess of $6,500. Il. FINDINGS: 1. Andrew Nazarenko ("Nazarenko") served as a Supervisor for Madison Township ("Township") from January 2022 until December 2025. 2. The Township is a Second Class Township in Lackawanna County, Pennsylvania, and it is governed by a Board of Supervisors (`Board"). a. The Board holds regularly scheduled meetings on the first Monday of every month. b. A work session is held one hour before Board meetings. Nazarenko's daughter, Kimberly Nazarenko ("K. Nazarenko"), is employed as the Director of Operations for Pella Windows and Doors of Northeast Pennsylvania ("Pella Windows"). a. K. Nazarenko has been employed by Pella Windows for about 20 years and has been the Director of Operations since October 2023. b. K. Nazarenko's responsibilities as Director of Operations include managing day- to-day operations, scheduling outbound deliveries, managing the retail installation teams, and overseeing the service coordinators and service technicians. C. K. Nazarenko is a salaried employee of Pella Windows. In addition to K. Nazarenko's salary, she earns a yearly bonus that is determined by her performance and the company's success for that year. 4. From March 2, 2021, to March 31, 2022, the Township received Coronavirus State and Local Fiscal Recovery Funds ("SURF") grant funding totaling approximately $279,310. a. Pennsylvania townships received funding from the SURF program which was established by the federal American Rescue Plan Act of 2021. b. This money was intended to help local governments address the economic and public health impacts of the COVID-19 pandemic. 5. At the December 2022 work session of the Board, a discussion occurred as to how the Township would use the SURF grant funds. Nazarenko, 25-0150-C Page 3 a. All three Supervisors were present for this work session: Nazarenko, Chairman Aaron Sepkowski ("Sepkowski"), and Philip Setzer ("Setzer"). b. During the work session, Nazarenko specifically suggested a window replacement project. C. It was agreed that the SURF grant funds could be used for both replacing the windows and upgrading the boiler system. 6. Nazarenko initiated conversations with his daughter and Wayne Mazur ("Mazur"), the Commercial Sales Manager at Pella Windows, to request a window proposal for the Township building. a. On February 17, 2023, Mazur emailed K. Nazarenko with the subject line of the email "Madison Township proposal." 1. The body of the email stated, "Kim, Please forward to your dad. Thanks." aa. This email included an attachment proposal for replacing the windows in the Township building. b. Later that same day K. Nazarenko forwarded Mazur's email to her personal email address. C. On February 20, 2023, Nazarenko forwarded this email to Sepkowski. d. On February 21, 2023, Sepkowski forwarded the same email to Setzer. 1. Throughout all these conununications, the body of the emails remained blank, but each email contained the initial proposal from Pella Windows as an attachment. C. This email chain confirmed that Nazarenko was directly involved in the initial steps of the Pella Windows replacement project for the Township building by requesting and receiving a proposal from his daughter, who is employed at Pella Windows. 7. During a Board meeting held on March 6, 2023, Sepkowski made a motion to advertise for bids for the window and door replacement project. a. The motion was seconded by Nazarenko and passed 3-0. 8. The Township prepared and submitted a Request for Publication in the Tri-County Independent to advertise for sealed bids for the Township building window and door replacement project. a. The advertisement ran on March 23, 2023, and March 30, 2023. Nazarenko, 25-0150-C Page 4 b. The deadline to submit sealed proposals for the project was listed as April 3, 2023, at 10:00 a.m. 9. During the April 3, 2023, work session that was held right before the Board meeting, there was a discussion concerning the windows and the bid received from Pella Windows. a. During this discussion, Nazarenko abruptly got up from his seat and stated, "I have to shred this now." b. Nazarenko then discarded the email identified above that revealed his involvement with his daughter and Pella Windows. 10. Pella Windows was the only company that submitted a bid. a. Nazarer-tko did not contact other window retailers for additional quotes. 11. During the Board meeting held on April 3, 2023, Nazarenko made a motion to approve the bid from Pella Windows in the amount of $161,919.99. a. Sepkowski seconded the motion, which passed by a vote of 3-0. 12. During the Board meeting held on March 4, 2024, Nazarenko seconded a motion to accept a change order from Pella Windows that included the state's prevailing wage mandate. a. This motion passed by a vote of 3-0. 13. Nazarenko participated in Board actions to award the window project to Pella Windows. a. Nazarenko admitted to Commission Investigators that he should have abstained from these Board actions. b. Nazarenko was familiar with the requirement to abstain because he had abstained from potential conflicts of interest in the past, 14. Pella Windows received seven payments from the Township between February 2, 2024, and July 26, 2024. a. Out of these seven payments, Nazarenko signed two checks, check #996 and check # 1002. b. The total payments made to Pella Windows amounted to $174,009.99. C. The following chart details all payments the Township made to Pella Windows: Date Payee Check # Cheek Total Check Signatures 2/2/2024 Pella Windows and Doors of NEPA 996 $ 63,529.20 Andrew Nazarenko I Andrew Se kowski Nazarenko, 25-0150-C Page 5 5/10/2024 Pella Windows and Doors of NEPA 1001 $ 31 758.48 Philip Setzer Andrew Se kowski 5/31/2024 Pella Windows and Doors of NEPA 1002 $ 30,326.06 Andrew Nazarenko Andrew Se kowski 6/27/2024 Pella Windows and Doors of NEPA 1003 $ 36,845.75 Philip Setzer Andrew Se kowski 7/5/2024 Pella Windows and Doors of NEPA 1004 $ 8,550.95 1 Philip Setzer 1 Doreen Salt 7/26/2024 Pella Windows and Doors of NEPA 1005 $ 1,389.35 Doreen Salt 7/26/2024 Pella Windows and Doors of NEPA General Fund 23734 $ 1,610.20 No Si nature Total $174,009.99 15. Pella Windows received a gross financial gain of $174,009.99 as a result of its contract with the Township for the window replacement project. a. This amount and other revenue for the calendar year 2024 were used to determine employee bonuses, including K. Nazarenko's 2024 bonus. b. K. Nazarenko received a $7,500 bonus in 2024. THE FOLLOWING FINDINGS RELATE TO DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FILED BY NAZARENKO. 16, For each year in which Nazarenko was a Supervisor, he was required to file a Statement of Financial Interests ("SFI") by May 1ST for the prior calendar year. 17. Nazarenko filed a deficient SFI for calendar year 2020 when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof. 18. Nazarenko filed a deficient SFI for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate and whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof. 19. Nazarenko filed a deficient SFI for calendar year 2022 when he failed to include his address and failed to disclose the interest rate on any loan in an amount over $6,500. 20. On December 11, 2025, Nazarenko provided amended SFIs for calendar years 2020, 2021, and 2022, correcting these errors. III. DISCUSSION: As a Supervisor for Madison Township ("Township") from January 2022 until December 2025, Andrew Nazarenko ("Nazarenko") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et sew. The allegations in this matter are that Nazarenko violated Sections 1103(a), 1105(b)(1), 1105(b)(3), and 1105(b)(4) of the Ethics Act: Nazarenko, 25-0150-C Page 6 (1) When he participated in discussions and voted to accept a bid from Pella Windows and Doors of Northeast Pennsylvania, resulting in a pecuniary benefit to Pella Windows and Doors of Northeast Pennsylvania, a business with which his daughter is associated; (2) When he filed a deficient Statement of Financial Interests ("SFI") for calendar year 2020 when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof, (3) When he filed a deficient SFI for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate thereon and when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof; and (4) When he filed a deficient SFI for calendar year 2022 when he failed to include his address and when he failed to disclose the interest rate on any loan in an amount in excess of $6,500. 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 Nazar•enko, 25-0150-C Page 7 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 "Immediate family." A parent, spouse, child, brother or sister. "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, 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 (financial) benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. A child is a member of "immediate family" as the Ethics Act defines that term. A corporation is a business, and a business with which an immediate family member is employed is a business with which the immediate family member is associated pursuant to the terms of the Ethics Act set forth above. 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)(1) of the Ethics Act requires the filer to disclose on the SFI his name, address, and public position. Section I I05(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. Nazarenko, 25-0150-C Page 8 As noted above, the parties submitted a Stipulation of Findings with their Consent Agreement. The Findings of this Commission set forth above are derived from the parties' Stipulation of Findings. We shall now summarize the relevant facts in this matter. Nazarenko served as a Township Supervisor ("Supervisor") from January 2022 until December 2025. The Township Board of Supervisors ("Board") consists of three Members. The Board holds a regularly scheduled meeting on the first Monday of each month, which is preceded by a one -hour work session. Nazarenko's daughter, Kimberly Nazarenko ("K. Nazarenko"), has been employed by Pella Windows and Doors of Northeast Pennsylvania ("Pella Windows") for about 20 years. K. Nazarenko has been the Director of Operations for Pella Windows since October 2023. Between March 2, 2021, and March 31, 2022, the Township received Coronavirus State and Local Fiscal Recovery Funds ("SURF") grant funding totaling approximately $279,310. SURF grant funds were intended to help local governments address the economic and public health impacts of the COVID-19 pandemic. At the December 2022 work session of the Board, a discussion occurred as to how the Township would use the SLFRF grant funds. During the work session, Nazarenko suggested a window replacement project for the Township building. Nazarenko, Board Chairman Aaron Sepkowski ("Sepkowski"), and Supervisor Philip Setzer ("Setzer") agreed that the SURF grant funds could be used for both replacing the windows and upgrading the boiler system. At some time following the December 2022 Board work session, Nazarcrrko initiated conversations with K. Nazarenko and Wayne Mazur ("Mazur"), the Commercial Sales Manager at Pella Windows, to request a window proposal for the Township building. On February 17, 2023, Mazur emailed a proposal for replacing the Township building's windows to K. Nazarenko, and he requested that she forward the proposal to Nazarenko. After Nazarenko received the proposal email from K. Nazarenko, he forwarded it to Sepkowski, who then forwarded it to Setzer. During the March 6, 2023, Board meeting, Sepkowski made a motion to advertise for bids for the window replacement project. Nazarenko seconded and voted in favor of the motion, which passed by a vote of 3 -0. The Township subsequently ran an advertisement for sealed bids for a window replacement project for the Township building with a deadline of April 3, 2023, for the submission of sealed proposals for the project. Nazarenko did not contact any window retailers other than Pella Windows for quotes for the window replacement project, and Pella Windows was the only bidder for the project. During the work session that immediately preceded the April 3, 2023, Board meeting, a discussion occurred with regard to the windows and the bid received from Pella Windows. During this discussion, Nazarenko abruptly got up from his seat, stated "I have to shred this now," and then discarded the email that revealed his involvement with K. Nazarenko and Pella Windows. At the April 3, 2023, Board meeting, Nazarenko made a motion to approve the bid from Pella Windows in the amount of $161,919.99. The motion passed by a vote of 3-0. During the Board meeting held on March 4, 2024, Nazarenko seconded a motion to accept a change order Nazarenko, 25-0150-C Page 9 from Pella Windows that included the state's prevailing wage mandate. The motion passed by a vote of 3-0. Between February 2, 2024, and July 26, 2024, Pella Windows received seven checks totaling $174,009.99 from the Township for the window replacement project. Nazarenko signed two Township checks, one in the amount of $63,529.20 and one in the amount of $30,326.06, that were included among the seven checks issued to Pella Windows. As a Supervisor, Nazarenko was annually required to file an SFI by May 1 containing information for the prior calendar year. Nazarenko filed deficient SFIs when: (1) on his form for calendar year 2020, he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof; (2) on his form for calendar year 2021, he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate thereon and whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof, and (3) on his form for calendar year 2022, he failed to include his address and failed to disclose the interest rate on any loan in an amount over $6,500. On December 11, 2025, Nazarenko provided amended SFIs for calendar years 2020, 2021, and 2022 that corrected these deficiencies. Having highlighted the Stipulated bindings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets fortlh 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 tlh-- Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Nazarenko participated in discussions and voted to accept a bid from Pella Windows and Doors of Northeast Pennsylvania, resulting in a pecuniary benefit to Pella Windows and Doors of Northeast Pennsylvania, a business with which his daughter is associated; b. That a violation of Section 1105(b)(3) of the Public Official and Employee Ethics Act, 65 Pa. C.S. § 1105(b)(3), occurred when Nazarenko filed a deficient Statement of Financial Interests for calendar year 2020 when the failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof; C. That a violation of Section 1105(b)(3) and Section 1105(b)(4) of the Public Official and Employee Ethics Act, Nazarenko, 25-0150-C Page 10 65 Pa.C.S. §§ 1105(b)(3) and 1105(b)(4), occurred when Nazarenko filed a deficient Statement of Financial Interests for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate and when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof; and d. That a violation of Section 1105(b)(1) and Section 1105(b)(4) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1105(b)(1) and 1105(b)(4), occurred when Nazarenko filed a deficient Statement of Financial Interests for calendar year 2022 when he failed to include his address and when he failed to disclose the interest rate on any loan in the amount in excess of $6,500. 4. Nazarenko agrees to make payment in the amount of $750 in settlement of this matter for the violations of Sections 1105(b)(1), (3), and (4) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1105(b)(1), (3), and (4), 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. As the pecuniary benefit was obtained by a business with which Nazarenko's immediate family member is associated, there is no financial penalty due for the violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a). 5. To the extent that he has not already done so, Nazarenko agrees to file complete and accurate amended Statements of Financial Interests with Madison Township, 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. Nazarenko agrees to not accept any reimbursement, compensation or other payment from Madison Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Conunission from initiating appropriate enforcement actions in the event of Nazarenko's failure to comply with this agreement or the Commission's order or Nazarenko, 25-0150-C Page 11 cooperating with any other authority who may so choose to review this matter further. a. Nazarenko 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. Nazarenko 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. In considering the Consent Agreement, we agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred in this matter. Pella Windows is a business with which Nazarenko's daughter, K. Nazarenko, is associated in her capacity as an employee of Pella Windows. Nazarenko used the authority of his office as a Supervisor when he: (1) suggested and then agreed with the other Supervisors that the Township use SURF giant fiends for a window replacement project for the Township building: (2) initiated conversations with K. Nazarenko and the Commercial Sales Manager at Pella Windows to request a window proposal for the Township building; (3) forwarded the Pella Windows proposal that he received from K. Nazarenko to another Supervisor; (4) seconded a motion to advertise for bids for the window replacement project and then voted to approve the motion; (5) made a motion to approve a Pella Windows bid for the window replacement project in the amount of $161,919.99 and then voted to approve the motion; (6) seconded a motion to accept a change order from Pella Windows for the window replacement project and then voted to approve the motion; and (7) signed Township checks in the amounts of $63,529.20 and $30,326.06 that were included among the payments issued to Pella Windows for the window replacement project. Nazarenko's uses of the authority of his office facilitated Pella Windows' receipt of a gross financial gain of $174,009.99 for the window replacement project. With each element of a conflict of interest established, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Nazarenko participated in discussions about and voted to accept a bid from Pella Windows, resulting in a pecuniary benefit to Pella Windows, a business with which his daughter is associated. Turning to the allegations regarding Nazarenko's SFIs, we agree with the parties, and we hold, that: (1) A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3), occurred when Nazarenko filed a deficient SFI for calendar year 2020 when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof; Nazarenko, 25-0150-C Page 12 (2) A violation of Sections 1105(b)(3) and 1105(b)(4) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(3) and 1105(b)(4), occurred when Nazarenko filed a deficient SFI for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate thereon and when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof, and (3) A violation of Sections 1105(b)(1) and 1105(b)(4) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1) and 1105(b)(4), occurred when Nazarenko filed a deficient SFI for calendar year 2022 when he failed to include his address and when he failed to disclose the interest rate on any loan in an amount in excess of $6,500. As part of the Consent Agreement, Nazarenko has agreed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania for his SFI violations, with such payment to be forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter.' Nazarenko has further agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of 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. IV. CONCLUSIONS OF LAW: As a Supervisor for Madison Township ("Township") from January 2022 until December 2025, Andrew Nazarenko ("Nazarenko") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seMc . 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Nazarenko participated in discussions about and voted to accept a bid from Pella Windows and Doors of Northeast Pennsylvania, resulting in a pecuniary benefit to Pella Windows and Doors of Northeast Pennsylvania, a business with which his daughter is associated. 3. A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3), occurred when Nazarenko filed a deficient Statement of Financial Interests ("SFI") for calendar year 2020 when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof. ' The Commission does not have the authority to seek restitution due to the Pennsylvania Supreme Court's decision in Sivick v. State Ethics Commission, 662 Pa. 283, 238 A.3d 1250 (2020), which prohibits the Commission from seeking the imposition of restitution when there is no private pecuniary benefit directly to a public official or public employee. Nazarenko, 25-0150-C Page 13 4. A violation of Sections 1105(b)(3) and 1105(b)(4) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(3) and 1105(b)(4), occurred when Nazarenko fled a deficient SFI for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate thereon and when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof. 5. A violation of Sections 1105(b)(1) and 1105(b)(4) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1) and 1105(b)(4), occurred when Nazarenko filed a deficient SFI for calendar year 2022 when he failed to include his address and when he failed to disclose the interest rate on any Ioan in an amount in excess of $6,500. In Re: Andrew Nazarenko, File Doeket: 25-0150-C Respondent Date Decided: 4/16/26 Date Mailed: 4/23/26 ORDER NO. 1856 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 Andrew Nazarenko ("Nazarenko'), as a Supervisor for Madison Township, participated in discussions about and voted to accept a bid from Pella Windows and Doors of Northeast Pennsylvania, resulting in a pecuniary benefit to Pella Windows and Doors of Northeast Pennsylvania, a business with which his daughter is associated. 2. A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3), occurred when Nazarenko filed a deficient Statement of Financial Interests ("SFI") for calendar year 2020 when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof. 3. A violation of Sections 1105(b)(3) and 1105(b)(4) of the Ethics Act, 65 Pa.C.S, §§ 1105(b)(3) and 1105(b)(4), occurred when Nazarenko filed a deficient SFI for calendar year 2021 when he failed to disclose the name and address of each creditor to whom he owed more than $6,500 and the interest rate thereon and when he failed to disclose whether he had any direct or indirect interest in any real estate sold or leased to the Commonwealth, its agencies, or any political subdivisions thereof. 4. A violation of ,Sections 1105(b)(1) and 1105(b)(4) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(1) and 1105(b)(4), occurred when Nazarenko filed a deficient SFI for calendar year 2022 when he failed to include his address and when he failed to disclose the interest rate on any loan in an amount in excess of $6,500. 5. Per the Consent Agreement of the parties, Nazarenko is directed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no Iaer than the thirtieth (30"') day after the mailing date of this Order. 6. Nazarenko is directed to not accept any reimbursement, compensation or other payment from Madison Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. Compliance with paragraphs 5 and 6 of this Order will result in the closing of this case with no further action by this Commission. Nazarenko, 25-0150-C Page 15 a. Non-compliance will result in the institution of an order enforcement action, BY THE COMMISSION, -. _ -".'---- Michael lk(z Michael A. Schwartz, Chair