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HomeMy WebLinkAbout1858, Morabito} - °"i PHONE:717-783-1610 STATE ETHICS COMMISSION TOLL FREE:1-800-932-0936 FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 In Re: James Morabito, File Docket: 23-0178-C Respondent Order No. 1858 Date Decided: 7/23/26 Date Mailed; 7I24126 Before: Michael A. Schwartz, Chair David L. Reddecliff, Vice Chair Paul E. Parsells Robert P. Caruso Emilia McKee Vassallo Ronald N. Jumper, Jr. This is a final adjudication of the State Ethics Commission. FACSIMILE: 717-787-0806 WEBSITE: www.ethics.,pa.gov Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S, § 1101 et 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 James Morabito, a public official as a Supervisor for Allegheny Township ("Township"), Westmoreland County, Pennsylvania, violated Sections 1103(a), 1105(a), 1105(b)(5), 1105(b)(8), and 1105(b)(9) of the Ethics Act: (1) When he used the authority of his office to participate in actions and votes of the Township Board of Supervisors to appoint himself as the Chairman of the Allegheny Township Community Days and then solicited and received donations that were deposited into a private account over which he had control, resulting in a private pecuniary benefit to himself or a business with which he is associated; and (2) When lie filed deficient Statements of Financial Interests for calendar years 2021, 2022, and 2023 by failing to list the governmental entity in which he was a public official, failing to list the correct calendar year for which he was filing, failing to list all direct or indirect sources of income of $1,300 or more, failing to list his Morabito, 23-0178-C Page 2 office, directorship, or employment in any business, and failing to list the percentage of interest held in any legal entity in business for profit. II. FINDINGS: 1. James Morabito ("Morabito") has served as a Supervisor for Allegheny Township ("Township"), Westmoreland County, from January 3, 2022, through the present. a. Morabito has served as the Chairman of the Township Board of Supervisors ("Board") from January 2, 2024, through the present. 2. The Township is a Second Class Township governed by a three -member Board.' a. The Supervisors received individual compensation in the amount of $2,500 annually for their service as public officials. THE FOLLOWING FINDINGS RELATE TO COMMUNITY DAYS EVENTS HELD IN THE TOWNSHIP IN THE PAST AND THE REVIVAL OF A COMMUNITY DAYS EVENT TO BE HELD IN 2023. 3. An annual community days event was held over the course of multiple years in the Township in the past. a. Community days events held in the Township in the past were organized and operated by a collaboration of local Township entities/clubs, including the Lions Chub, the Township Community Club, the American Legion, etc. b. The community days events in the past were held on Township property at the Township Community Center. C. The community days events generally included live music, booths with food or craft vendors, games, etc. 4. The Township did not traditionally support previous community days events through monetary donations or other financial support. a. The Township supported the events by housing them on Township property and by supplying various equipment and resources including the community center building, the building kitchen, the building restrooms, electric service, water service, etc. 5. The community days event held in the Township was ultimately discontinued in or about the late 1990s. ' Township process findings represent those in effect in 2022 and 2023. Morabito, 23-0178-C Page 3 a. The discontinuation of the community days event was largely based on the diminishing member ranks of the community groups operating the event. 6. Morabito ran as a candidate for the office of Township Supervisor during the 2021 election cycle. a. Revival of a community days event in the Township was a topic referenced by Morabito during his election campaign. 7. Discussion occurred at the October S, 2022, Township agenda meeting among the three Township Supervisors regarding holding a community days event. a. All three of the Township Supervisors supported holding a community days event. b. The discussion at the agenda meeting indicated that a future community days event would occur as a Township -hosted event. 8. The agenda for the Township's October 10, 2022, legislative meeting identified the approval of Resolution No, 21-2022, Support for the Creation of an Allegheny Township Community Days Committee, under Section 8, Action Items. 9. Resolution No. 21 -2022 was titled "A Resolution of Allegheny Township, Westmoreland County, supporting the creation of an Allegheny Township Community Days Committee" and set forth, in part: a. The residents' desire to plan, prepare, and implement an opportunity to celebrate annually; b. The Board's support for the creation of a committee of Township residents to plan and execute Allegheny Township Community Days beginning in 2023; and The Board's designation of Morabito to chair the committee for 2023. 1. The Resolution identified the Board's appointment of Morabito in his capacity as a Township Supervisor, 10. Resolution No. 21-2022 was presented as an Action Item for approval at the Township's October 10, 2022, Iegislative meeting. Morabito was present at the October 10, 2022, legislative meeting and made the motion to approve Resolution No. 21-2022. b. The vote to approve Resolution No. 21-2022 carried unanimously. 11. After the approval of Resolution No. 21-2022, the Township posted information on its website regarding the planning and implementation of the 2023 community days event. Morabito, 23-0179-C Page 4 a. Information on the Township website specified that the Board had recently approved forming a Community Days Committee. b. The information on the Township website directed individuals interested in being involved to contact "Supervisor ramie Morabito" or the "Township Office" via Township email addresses. 12. Individuals were approached or independently volunteered to serve on the Allegheny Township Community Days Committee ("Committee") to assist with the logistics and operation of the Community Days Event ("Event"), including Event planning, organizing, scheduling, advertising, working, etc. a. The Committee was composed of approximately seventeen individuals. 1. No Township Supervisors were on the Committee with the exception of Morabito. 2. Morabito was the only Township Supervisor who took a role in and participated with the Event planning, logistics, operation, etc. 13. The Committee utilized the Township building as its primary meeting place for Event planning. a. The Committee held its first Event planning meeting at the Township building on December 15, 2022. 14. The Committee subsequently nnet approximately once per month with the number of meetings increasing as the Event date approached. a. The Committee ultimately organized and scheduled Event functions and activities including, but not limited to, live music, food and craft vendors, food trucks, children's activities, a motorcycle and car show, and first responder interaction. b. Morabito was an active participant at the Committee meetings. 15. The Committee had no established budget or funding source for the Event at the onset of Event planning. a. Funding for the Event was ultimately to be raised from sponsorships, donations, craft vendor fees, car/motorcycle show fees, etc. THE FOLLOWING FINDINGS RELATE TO MORABITO'S CREATION OF A PRIVATE, NONPROFIT UNINCORPORATED ASSOCIATION AND SUBSEQUENTLY A NONPROFIT TAX-EXEMPT 501(C)(3) CORPORATION THROUGH WHICH TO OPERATE THE EVENT. Morabito, 23-0178-C Page 5 16. Among topics discussed at the Committee's December 15, 2022, meeting were questions relating to the creation of a private entity to operate the Event, the custody/control of the Event finances, and the Event location. a. Francis Weissert, III ("Weissert") was a Committee member. b. Weissert's handwritten notes of the December 15, 2022, committee meeting reference the following: 1. Consideration of the creation of a nonprofit entity through which to operate the Event. 2. Consideration if custody of the Event finances should be maintained in a Township account or a created entity's account. C. Morabito was present at and participated in the discussions at the Committee meeting. 17. Morabito participated in the research and decision to develop a nonprofit entity through which to operate the Event. a. Reasons for developing the entity included the entity being able to accept donations and for those donations to be tax-deductible for the provider. 18. Creation of a nonprofit organization does not automatically grant the organization tax- exempt status. a. Nonprofit status is a state Iaw concept which may make an organization eligible for certain benefits such as state sales tax, property tax, and income tax exemptions. b. Tax-exempt status refers to a federal income tax exemption under the Internal Revenue Code. 19. A group of individuals acting together in a joint enterprise for a common purpose may be identified/referenced as an unincorporated association. a. Unincorporated associations may be organized as for -profit entities or as nonprofit entities depending on the group's goal/purpose. 1. If the group's purpose/goal is to generate profit for the members, the association is operated as a partnership or joint venture for tax purposes. 2. If the group's purpose/goal is to accomplish some type of social or public benefit, the association is operated as a nonprofit unincorporated association. Morabito, 23-0178-C Page 6 20. A nonprofit association must make formal application with the Internal Revenue Service ("IRS") for approval to operate as a 501(c)(3) tax-exempt organization. Organization of a nonprofit unincorporated association alone does not grant tax- exempt status to the entity for operational purposes. b. A nonprofit unincorporated association may qualify for 501(c)(3) tax-exempt status if its purpose is determined by the IRS to be charitable, educational, religious, literary, or scientific to nature. 21. A nonprofit unincorporated association is required to have an Employer Identification Number ("EIN") and organizing documents to make application to the IRS for tax-exempt status. a. An FIN is a nine -digit number issued by the IRS to, among other purposes, identify entities in dealings with the IRS, state and local agencies, and contributors. b. Organizing documents for a nonprofit unincorporated association may consist of Articles of Organization or Bylaws. 22. The entity formed for the Event was named the Allegheny Township Community Days Fund ("ATCDF"). a. The ATCDF has an effective creation date of January 4, 2023. 1. No ATCDF members signed/executed any organizing documents to operate as an unincorporated association at that time. 23. Weissert applied for and ultimately received an FIN for the ATCDF through the IRS online website on or about January 5, 2023. a. Weissert documented the ATCDF as a nonprofit organization on the FIN application submitted for the ATCDF. 1. Assignment of an EIN does not grant tax-exempt status to nonprofit organizations. 24. A new Basic Business Checking Account ("the ATCDF Checking Account") was opened on January 5, 2023, at S&T Bank in the name of the ATCDF for operational purposes. Morabito's and Weissert's signatures are documented as the only authorized signatories on the ATCDF account. b. The account signature card identified the ATCDF's business/non-consumer account classification as Organization/Club with a Federal FIN. Morabito, 23-0178-C Page 7 25. Documentation completed in association with the opening of the ATCDF Checking Account included the filing of an Unincorporated Association Resolution ("UAR") which identified the ATCDF as an Unincorporated Association with a Federal EIN. a. The UAR is completed by the bank representative at the time of account opening per information obtained from the customer. b. Morabito and Weissert each signed the UAR as officers of the ATCDF. 1. The ATCDF had no organizing documents in existence at the time the account was opened on January 5, 2023. 26. No need existed for the creation of a private financial account to manage the finances associated with the 2023 Event. a. Pennsylvania townships are exempt from taxation under the Internal Revenue Code. 1. Pennsylvania townships are permitted to accept donations and use the donations for any public purpose, and the donations can be considered to be tax deductible for the donor. a. The Second Class Township Code allows for townships to hold community events/celebrations and to appropriate funds for those purposes, including solicitation and acceptance of donations from sponsors and/or the charging of fees to vendors/exhibitors to offset event costs. 27. From approximately March 22, 2023 through June 16, 2023, Morabito consistently utilized his Township email address to send and receive eznails regarding the Event. THE FOLLOWING FINDINGS RELATE TO THE FUNDING OF THE EVENT, MORABITO'S PARTICIPATION IN OBTAINING FUNDING FOR THE EVENT, AND THE DISTRIBUTION OF FUNDS COLLECTED IN ASSOCIATION WITH THE EVENT AS DONATIONS FROM THE ATCDF TO LOCAL GROUPS. 28, The Committee raised a minimum of $2,045 in relation to the Event through the registering of craft vendors, food vendors, and car/motorcycle show participants. 29. The Committee raised funding for the Event through the solicitation and receipt of sponsorships, donations, and contributions from various entities and the public. a. Entities wishing to sponsor/donate to the Event were to complete an "Allegheny Township Community Days Sponsorship Form" and identify the level of sponsorship/donation desired. 1. The form identified seven specific sponsorship options as follows: Morabito, 23-0178-C Page 8 FA - Corporate $10,000 - Diamond $5,000 - Platinum $2,500 - Gold $1,000 - Silver $500 - Bronze $250 - Other; $ The form directed individuals to make checks payable to ATCDF. 30. At least fifteen entities provided funding through sponsorships/donations to the Event totaling a minimum of $14,300 as detailed below: Corporate/Familx Amount Check No. Deposit Date Tyne Honkus Zollander Charitable Foundation $2,500 824 1/6/2023 Donation S&T Bank $2,500 300154 4/28/2023 Event sponsor Morabito Motors $750 5611 4/28/2023 Car/Bike show sponsor Olympus Energy $10,000 Ach xfer 4/28/2023 Event sponsor East Suburban Sports Medical Center $250 18813 5/10/2023 Event sponsor Dave Shevlin/Shevlin Concrete $75 2164 6/5/2023 Car/Bike show sponsor Meyers RV Sales of Pittsburgh $250 8016 5/17/2023 Event sponsor Hillcrest Volkswagen, Inc. $75 66482 6/5/2023 Car/Bike show sponsor Sevic Landscape & Supply $75 1329 6/5/2023 Car/Bike show sponsor .tack's Auto Parts $100 5236 5/23/2023 Event sponsor Palmero Plumbing $75 1329 6/5/2023 Car/Bike show sponsor BBZ Baggerz & Customs $75 14l 1 6/23/2023 Car/Bike show sponsor Friends of Sean Kertes $250 1480 6/23/2023 Event sponsor Bonfire Restaurant $150 11750 6/23/2023 Car/Bike show sponsor Brian Baron - State Farm 100 14630 6/23/2023 Car/Bike show sponsor Total $14 300 Note: does not include donations received from individuals or food vendors surrendering deposits. a. Additional entities provided support for the Event by various in -kind contributions. 31. Morabito actively participated in the solicitation of and discussions with multiple entities for Event sponsorships/donations in various mediums including in -person, phone, text messaging, and email. a. Morabito personally participated in solicitations/discussions of Event donations/sponsorships with the Honkus-Zollinger Charitable Foundation, Olympus Energy, and S&T Bank at a minimum. 32. The Honkus-Zollinger Charitable Foundation ("Foundation") is a 501(c)(3) charitable organization whose primary activity is philanthropy, voluntarism, and grantmaking. a. The Foundation only makes contributions to preselected charitable organizations and does not accept unsolicited requests for funds. Morabito, 23-0178-C Page 9 1. In 2021, the Foundation made at least forty-three contributions, gifts, and grants to 501(c)(3) entities/public charities. aa. One of the contribution, gift, and/or grant recipients on the Foundation's 2022 calendar year IRS Form 990-PF was "Allegheny Township Community Days 2023" with an associated address of 136 Community Building Road, Leechburg, PA 15656. 1. 136 Community Building Road, Leechburg, PA 15656 is the Township building address. 2. The contribution, gift, and/or grant was provided with the belief that the Township was the recipient. 33. The first monetary donation received by the ATCDF for the Event was provided by the Foundation via check number 824 dated December 23, 2022, in the amount of $2,500. a. Morabito participated in discussion with Jason Honkus, Foundation Trustee, regarding a contribution for the Event on behalf of what later became the ATCDF. 1. The ATCDF did not have a formal organizational structure at the time the donation was received. 2. The ATCDF did not have an existing bank account at the time the donation was received. 3. The ATCDF did not have an EIN number at the time the donation was received. 4. The ATCDF did not have a 501(c)(3) tax-exempt/public charity status at the time the donation was received. b. Check No. 824 was made payable to, "Allegheny Township Community Day 2023." 1. Check No. 824 was deposited into the ATCDF Checking Account on January 6, 2023. 2. Check No. 824 was the first deposit made into the ATCDF Checking Account. 34. Olympus Energy is an entity involved in the exploration and production of natural gas. a. Olympus Energy had a footprint in Westmoreland County at the time of the Event, including a well pad within the Township. Morabito, 23-0178-C Page 10 35, In February 2023, Marc Maestra ("Maestra") was employed by Olympus Energy in the position of Govermnent Affairs Manager. a. Maestra's duties include governmental relations, communications, and community engagement/investment initiatives. 1. Olympus Energy's community engagement/investment program funds are used to sponsor events such as community days, purchase equipment for first responders, restore athletic fields, etc., where Olympus Energy has interests. 36. On or about February 5, 2023, Maestra saw a newspaper article which addressed the restoration of a community days event in the Township. a. Maestra saw the Event as an opportunity to assist the Township as the Event appeared to coincide with Olympus Energy's community investment goals. 37. Maestra ultimately emailed Morabito's Township email address on February 15, 2023, in response to the article. a. Maestra introduced himself and his position with Olympus Energy. b. Maestra explained that Olympus Energy was interested in sponsoring the "AIlegheny Township Community days." C. Maestra asked Morabito to inform him of opportunities for Olympus Energy to assist with the Event. 38. Morabito later emailed, called, and texted Maestra at varying times on February 15, 2023. a. Morabito emailed Maestra from his Township email address, informing Maestra that "we" would like Olympus Energy's sponsorship and that Morabito would call Maestra that day. b. Morabito then left Maestra a voicemail message less than an hour and a half later in which Morabito identified himself, identified his position as a Township Supervisor, and requested a return call. C. Morabito sent Maestra a text message that he was entering another meeting at 6:00 p.m. and requested Maestra to call him in the morning. 39. Morabito and Maestra subsequently spoke regarding the Event and Olympus Energy's potential sponsorship. a. Maestra believed the Event to be a community event hosted by the Township based on the newspaper article and the communications between he and Morabito. Morabito, 23-0178-C Page l l 40. Olympus Energy ultimately agreed to serve as a sponsor for the Event with a contribution amount of$10,000. 41. Between March 7, 2023, and April 28, 2023, Morabito sent or received a total of sixteen email transmissions through his Township email account to or from Maestra in association with. Olympus Energy's sponsorship of the Event. 42. On April 6, 2023, Morabito utilized his Township email address to email Maestra regarding Olympus Energy's agreed upon sponsorship funds. a. Morabito questioned if the check was ever sent. 1. Morabito explained that the Committee was meeting that night and he wanted to be able to discuss it. 2. Morabito asserted that he was checking on all sponsors and "a lot" had already sent in their checks. b. Maestra replied to Morabito that same day via Morabito's Township email address that he had just approved the check through Olympus Energy's accounting department and it would be sent that Friday or next. 43. Morabito sent an email to Maestra from his Township email account on April 7, 2023, requesting that Maestra stop the check payment and process the donation through ACH direct deposit payment or wire transfer. 44. The ATCDF Checking Account received a $10,000 ACH deposit from Olympus Energy on April 28, 2023, 45. The Township maintained its financial accounts at S&T Bank in 2023. 46. Morabito, in conjunction with fundraising efforts for the Event, provided an Allegheny Township Community Days sponsorship fora-i to a representative at the Allegheny Towne Center S&T Bank location. a. The form was ultimately supplied to Allegheny Towne Center S&T Bank Branch Manager Valerie Stone ("Stone") for processing. 47. Stone completed the Allegheny Township Community Days sponsorship form and forwarded it to S&T Bank's Accounts Payable Department on or about March 28, 2023. a. Stone requested approval of a "Bronze Sponsor" donation amount of $250 for the Event. 48. S&T Bank subsequently issued Check No. 300154, dated April 11, 2023, payable to the Township in the amount of $250. Morabito, 23-0178-C Page 12 a. Check No. 300154 was deposited in full into the ATCDF Checking Account on April 28, 2023. 49, The ATCDF applied to the IRS for 501(c)(3) tax-exempt status on or about June 20, 2023, via submission of IRS FORM 1023-EZ, Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. a. The application identified, among other information, the following: 1. ATCDF as the Rill name of the organization; 2. Weissert as the ATCDF President, Morabito as the ATCDF Vice -President, and William Ludwig ("Ludwig") as the ATCDF Assistant Committee Chair; 3. The ATCDF's organizational structure as an unincorporated association and the assertion that the ATCDF had the organizing document necessary for an unincorporated association; 4. The ATCDF formation date of January 4, 2023; and 5. The ATCDF's mission or most significant activity as the promotion and fostering of the Allegheny Township Community Days, 50. Morabito's name was typed on the application as the signer, referenced his title of Vice - President of the ATCDF as his authority to sign, and declared under the penalties of perjury that he was authorized to sign the application on behalf of the ATCDF, that he had examined the application, and that it was true, correct, and complete to the best of his knowledge. 51. Information regarding the June 24, 2023, Event was subsequently presented and discussed at the Township's July 10, 2023, legislative meeting. a. Township Supervisor Michael Korns ("Korns") presented information regarding community days in the Township including, in part, that: Morabito had presented the idea at a Township meeting in 2022 of having a community day event; 2. The Township Supervisors as a whole supported a community day event, passed a Resolution at their October 2022 meeting authorizing creation of a Committee and for the Event to begin in 2023, and designated Morabito to Chair the Committee for 2023; and 3. The Event in 2023 was a Township -created event. Morabito, 23-0178-C Page 13 b. Korns questioned if Morabito had an update regarding the Event to which Morabito responded, in part, that: 1. The Event was very successful and well received by the public considering weather and the short amount of planning time; 2. The Event was a learning experience for everybody; 3. Pros and cons would be capitalized on and issues encountered would be rectified to allow for growth for 2024; and 4. The intention was to snake it an annual Event. 52. Korns stated that if the Event was going to occur again in 2024, the Board needed to know more about how the Event operated in 2023 a. Korns stated his understanding that all revenue at a Township event is to be placed into a Township account and his belief that such had not occurred. 1, Morabito replied that the revenue had been placed into the "Allegheny Township Community Day" which was a 501(c)(3) entity. b. Korns stated that utilization of a 501(c)(3) should be changed as the Resolution approved was to create a committee under the Township for the Event, that if Morabito was operating outside of the Township it should be made clear which was not the case in 2023, and that the 501(c)(3) was a nonprofit organization not affiliated with the Township. Morabito affirmed Korns' statement that the nonprofit organization was not affiliated with the Township. 53. Additional discussion occurred at the meeting regarding the establishment of the nonprofit organization, the funds collected and dispensed for the Event, and the process by which organizations may apply for and receive tax-exempt status. a. Township Solicitor Bernard Matthews ("Matthews") explained that a 501(c)(3) organization is separate entity approved as tax-exempt by the IRS and summarized the process for establishment of a 501(c)(3). b. Matthews added that revenues collected through a Township -sponsored event must be collected by and any bills paid through the bonded Township Treasurer per the Second Class Township Code. 1. Matthews added that such would typically be set up through a Township bank account created by Board resolution. Morabito, 23-0178-C Page 14 54. Bylaws for the ATCDF which contained multiple Articles were executed on August 1, 2023, by Weissert, Morabito, and Ludwig and noted their respective offices of President, Vice-President/Secretary, and Treasurer. 55. Articles of Incorporation for the ATCDF were filed with the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations on August 7, 2023, establishing the ATCDF as a Domestic Nonprofit Corporation under Entity No, 1354717. a. The Articles of Incorporation documented, in part, the following: 1. The ATCDF's incorporators as: aa, Frank Weissert — President. bb. James Morabito — Vice -President. CC. William Ludwig — Treasurer. 2. The ATCDF's specified effective date as January 4, 2023. b. Weissert, Morabito, and Ludwig signed the ATCDF's Articles of Incorporation on August 1, 2023. 56. The ATCDF ultimately received a determination letter from the IRS dated November 7, 2023, that the ATCDF was exempt from federal income tax under Internal Revenue Code Section 501(c)(3). a. The determination letter identified an effective exemption date of January 4, 2023. THE FOLLOWING FINDINGS RELATE TO THE FINANCIAL GAIN REALIZED BY THE ATCDF, A BUSINESS WITH WHICH MORABITO WAS ASSOCIATED, AS A RESULT OF PLANNING, ORGANIZING, FUNDRAISING, AND OPERATING THE EVENT. 57. As of July 24, 2023, the ATCDF Checking Account had an existing balance available of approximately $11,624.96. a. Twelve checks were written from the account, all dated July 24, 2023, totaling $4,002.06, consisting of deposit returns, reimbursements for Event expenses, and donations issued. 1. Four of the checks issued totaling $2,100 were distributed as donations. 58. Of the four checks issued as donations, two were made payable to local entitics/organizations, one was made payable to a local band which played at the Event, and one was made payable to an individual as detailed below: Morabito, 23-0178-C Page 15 Check No. Check Date Payee Amount Date Negotiated, 772 07/24/2023 Keystone Quilters $250 09/22/2023 773 07/24/2023 56 East Band $250 09/07/2023 774 07/24/2023 Pj CouRy $100 09/06/2023 775 07/24/2023 Kiski Area Education Foundation $1,500 09/05/2023 Total $2,100 a. Recipients of donations were generally discussed and agreed upon by the Committee as a group. b. The fiends donated by the ATCDF were paid from funds raised in association with the Event. 59. Morabito, as the Township -appointed Chairman for the Event, was personally involved in communications with representatives from at least three separate entities which resulted in the ATCDF's receipt of at least $12,750 in sponsorships/donations for the Event. a. Morabito participated in communications with Jason Honkus which ultimately resulted in the Foundation issuing a monetary donation to the ATCDF for the Event in the amount of $2,500. b. Morabito participated in communications with Maestra which ultimately resulted in Olympus Energy issuing a monetary sponsorship to the ATCDF for the Event in the amount of $10,000. C. Morabito provided an ATCDF sponsorship form to a representative of S&T Bank which ultimately resulted in S&T Bank issuing a monetary sponsorship to the ATCDF for the Event in the amount of $250. 60. The ATCDF, a business with which Morabito was associated, realized a private pecuniary gain when Morabito, in his capacity as a Township Supervisor, participated in actions of the Board to approve a Resolution designating him as the Chairman of the Committee, and, in that capacity, personally obtained donations/solicitations from entities for the Event, which were then deposited into the ATCDF's private financial account, over which he had signature authority. THE FOLLOWING FINDINGS ADDRESS ALLEGATIONS THAT MORABITO FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2021, 2022, AND 2023. 61. Statement of Financial Interests ("SFI") filing requirements for public officials and public employees are mandated by Section 1104 of the Ethics Act. Morabito, 23-0178-C Page 16 62. Morabito was required to file SFIs for calendar years 2021 through 2023 in his position as a Township Supervisor. 63. Information required to be disclosed on SFIs filed by public officials and public employees is specified in Section 1105 of the Ethics Act. 64. Morabito filed SFIs with the Township for calendar years 2021 through 2023. 65. The SFI forms Morabito utilized for his 2021 through 2023 calendar year filings specified, in part, the following at the bottom in bold print: "THIS FORM IS CONSIDERED DEFICIENT IF ANY BLOCK ABOVE IS NOT COMPLETED." 66. Morabito consistently failed to disclose the Township as his governmental entity on his 2021, 2022, and 2023 calendar year SFIs. 67. Morabito consistently failed to identify the correct calendar year on his 2021, 2022, and 2023 calendar year SFIs. a. Section 7 of Morabito's 2021 through 2023 calendar year SFIs documented the same year as the signature date on his 2021 through 2023 filings instead of the prior calendar year for each respective filing. 68. Morabito consistently failed to disclose the Township as a direct or indirect source of income on his 2021, 2022, and 2023 calendar year SFIs. a. Morabito received compensation from the Township in the amount of $2,500 (gross) annually from calendar year 2021 through calendar year 2023. 69. Morabito consistently failed to disclose his office, directorship, or employment in Morabito Motors, Inc., on his 2021, 2022, and 2023 calendar year SFIs and failed to disclose his office of Vice-President/Secretary of the ATCDF on his 2023 calendar year SFI. a. Morabito was the sole proprietor of Morabito Motors, Inc., at all times in the 2021, 2022, and 2023 calendar years. b. Morabito held the office of Vice-President/Secretary of the ATCDF in calendar year 2023. C. Morabito marked the "None" box associated with Section 13 on his 2021 through 2023 calendar year SFIs. 70. Morabito consistently failed to disclose the percentage of his financial interest held in Morabito Motors, Inc., on his 2021, 2022, and 2023 calendar year SFIs. a. Morabito failed to disclose his 100% financial interest held in Morabito Motors, Inc., on his 2021 through 2023 calendar year SFIs. Morabito, 23-0178-C Page 17 1. Morabito marked the "None" box associated with "Interest Held" on his 2021 through 2023 calendar year SFIs. 71, Morabito filed amended SFIs with the Township for calendar years 2021, 2022, and 2023 on or about April 2, 2025. a. Morabito's amended SFIs continued to contain multiple deficiencies as identified below: 2021 Dated: April 2, 2025 Deficiencies: 09 -- Did not disclose complete address for S&T Bank 10 — Did not disclose complete address for Morabito Motors 13 --- Did not disclose complete address or identify position held for Morabito Motors 14 — Did not disclose any address or interest held in Morabito Motors III. DISCUSSION: 2022 Dated: April 2, 2025 Deficiencies: 09 — Did not disclose complete address for S&T Bank 10--Did not disclose complete address for Morabito Motors 13 — Did not disclose complete address or identify position held for Morabito Motors 14 — Did not disclose any address or interest held in Morabito Motors 2023 Dated: April 2, 2025 Deficiencies: 09 — Did not disclose complete address for S&T Bank 10 — Did not disclose complete address for Morabito Motors 13 — Did not disclose complete addresses or identify position held for Morabito Motors; did not disclose any address or position held for ATCDF 14 -- Did not disclose any address or interest held in Morabito Motors As a Supervisor for Allegheny Township ("Township"), Westmoreland County, Pennsylvania, from January 3, 2022, through the present, James Morabito ("Morabito") 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 M. The relevant allegations in this matter are that Morabito violated Sections 1103(a), 1105(a), 1105(b)(5), 1105(b)(8), and I I05(b)(9) of the Ethics Act: (1) When he used the authority of his office to participate in actions and votes of the Township Board of Supervisors to appoint himself as the Chairman of the Allegheny Township Community Days and then solicited and received donations that were deposited into a private account over which he had control, resulting in a private pecuniary benefit to himself or a business with which he is associated; and (2) When lie filed deficient Statements of Financial Interests ("SFIs") for calendar years 2021, 2022, and 2023 by failing to list the governmental entity in which he was a public official, failing to list the correct calendar year for which he was filing, failing to list all direct or indirect sources of income of $1,300 or more, failing to list his office, directorship, or employment in any business, and failing to list the percentage of interest held in any legal entity in business for profit. 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: Morabito, 23-0178-C Page 18 § 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 terra 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 "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 N.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. The Morabito, 23-0178-C Page 19 definition of the term "business" as set forth in the Ethics Act includes a nonprofit organization. Rendell v. State Ethics Commission, 603 Pa. 292, 983 A.2d 708 (2009). Section 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1105(a) of the Ethics Act provides that the SFI shall be filed on the form prescribed by this Commission; that all information requested on the form shall be provided to the best of the knowledge, information and belief of the filer; and that the form shall be signed under oath or equivalent affirmation. 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. 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. 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 l I05(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 "[a]ny 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 patties 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. The Township is governed by a three -member Board of Supervisors ("Board"). Township Supervisors ("Supervisors") receive compensation in the amount of $2,500 annually for their public service. Morabito has served as a Supervisor since January 3, 2022, and as Chairman of the Board since January 2, 2024. In multiple years in the past, an annual community days event was held at the Township Community Center. The community days events were organized and operated by a collaboration of local Township entities and clubs and generally included live music, booths with food or craft vendors, and games. The Township did not traditionally support the community days events tl-tough monetary donations or other financial support. The community days events were discontinued in or about the late 1990s mainly because of the diminishing member ranks of the community groups that operated the events. The revival of a community days event was a topic that Morabito referenced when he ran for election as a Supervisor in 2021. Morabito, 23-0178-C Page 20 At the October 5, 2022, meeting of the Board, the Supervisors discussed holding a community days event. Every Supervisor supported holding a community days event that would occur as a Township -hosted event. At the October 10, 2022, meeting of the Board, Morabito participated in a unanimous vote that approved Resolution No. 21-2022, titled "A Resolution of Allegheny Township, Westmoreland County, supporting the creation of an Allegheny Township Community Days Committee." Resolution No. 21-2022 set forth the Board's support for the creation of a committee of Township residents to plan and execute Allegheny Township Community Days beginning in 2023 and the Board's designation of Morabito to chair the committee for 2023 in his capacity as a Supervisor. After the approval of Resolution No. 21-2022, the Township posted information on its website regarding the planning and implementation of the 2023 community days event (the "Event"). The information specified that the Board had recently approved forming a Community Days Committee ("Committee") and directed individuals interested in being involved to contact "Supervisor Jamie Morabito" or the Township Office via Township email addresses. The Committee ultimately was composed of approximately seventeen individuals. Morabito was the only Supervisor on the Committee. The Committee had no established budget or funding source for the Event at the onset of Event planning. Funding for the Event was to be raised from sponsorships, donations, craft vendor fees, and car/motorcycle show fees. The Committee ultimately organized and scheduled Event functions and activities that included live music, food and craft vendors, food trucks, children's activities, a motorcycle and car show, and first responder interaction, The Committee held its first Event planning meeting on December 15, 2022. During the meeting, Morabito participated in a decision to create a nonprofit entity to operate the Event. The reasons given for developing a nonprofit entity included the entity's ability to accept donations that would be tax-deductible for the donor. However, because the Event was a Township -created event, there was no need to create a private financial account to manage the finances associated with the Event. Pennsylvania townships are exempt from taxation under the Internal Revenue Code, and donations made to a township may be considered to be tax deductible for the donor. The entity that was formed to operate the Event began its existence as a nonprofit unincorporated association. A group of individuals acting together in a joint enterprise to accomplish a social or public benefit inay form a nonprofit unincorporated association. Nonprofit status is a state law concept which may make an organization eligible for certain benefits such as exemption from state sales tax and income tax. The creation of a nonprofit unincorporated association does not automatically grant tax-exempt status to the entity for operational purposes. In order to qualify for tax-exempt status a nonprofit unincorporated association must apply to the Internal Revenue Service ("IRS") for approval to operate as a 501(c)(3) tax-exempt organization. A nonprofit unincorporated association applying for tax-exempt status must have an Employer Identification Number ("EIN") issued by the IRS and organizing documents such as Articles of Organization or Bylaws. The Allegheny Township Community Days Fund ("ATCDF") was created January 4, 2023, to operate the Event. On or about January 5, 2023, the IRS issued an EIN for the ATCDF based upon an EIN application that documented the ATCDF as a nonprofit organization. On Morabito, 23-0178-C Page 21 January 5, 2023, a checking account at S&T Bank was opened in the name of the ATCDF as an unincorporated association for operational purposes. Morabito, as an officer of the ATCDF, signed documentation completed in association with the opening of the checking account ("the ATCDF Checking Account"). The Committee raised a minimum of $2,045 in relation to the Event through the registering of craft vendors, food vendors, and car/motorcycle show participants. The Committee also raised Rinding for the Event through the solicitation and receipt of sponsorships, donations, and contributions from various entities and the public. Fifteen entities provided funding totaling $14,300 for the Event tluough sponsorships or donations that ranged from $75 to $10,000. Morabito, as the Township -appointed Chair of the Committee, participated in soliciting sponsorships or donations for the Event from multiple entities, including the Honkus-Zollinger Charitable Foundation ("Foundation"), Olympus Energy, and S&T Bank. The Foundation is a 501(c)(3) charitable organization that engages in philanthropy and makes contributions to charitable organizations. Before the ATCDF was formed, Morabito participated in discussions with Foundation Trustee Jason Honkus with regard to a contribution for the Event. The Foundation ultimately made a donation in the amount of $2,500 for the Event by issuing a check dated December 23, 2022, payable to "Allegheny Township Community Day 2023." The check was deposited into the ATCDF Checking Account on January b, 2023. Olympus Energy, which is involved in the production of natural gas, had a well pad in the Township in 2023. Olympus Energy uses funds for community engagement through sponsoring community events, purchasing equipment for first responders, and restoring athletic fields in areas where it has interests. On or about February 5, 2023, the Government Affairs Manager for Olympus Energy, Marc Maestra ("Maestra"), saw a newspaper article which addressed the restoration of a community days event in the Township. Because Maestra saw the Event as an opportunity to assist the Township, he sent an email to Morabito at his Township email address to explain that Olympus Energy was interested in sponsoring the Event. Morabito and Maestra subsequently spoke regarding Olympus Energy's potential sponsorship of the Event, and Olympus Energy ultimately agreed to contribute $10,000 to serve as a sponsor of the Event. Between March 7, 2023, and April 28, 2023, Morabito utilized his Township email account to exchange emails with Maestra with regard to Olympus Energy's sponsorship of the Event. On April 28, 2023, the ATCDF Checking Account received a $10,000 ACH deposit from Olympus Energy. In conjunction with his fundraising efforts for the Event, Morabito provided an Event sponsorship form to a representative at an S&T Bank branch. S&T Bank subsequently issued a check dated April 11, 2023, in the amount of $250, to sponsor the Event. On or about June 20, 2023, the ATCDF submitted an application to the IRS for 501(c)(3) tax-exempt status. The application identified Morabito as the ATCDF Vice -President. In August 2023 Bylaws for the ATCDF were executed and the ATCDF was incorporated in Pennsylvania as a domestic nonprofit corporation. By letter dated November 7, 2023, the IRS informed the ATCDF that it was exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. The Event was held on June 24, 2023. At the Board's July 10, 2023, meeting, Supervisor Michael Korns ("Korns") noted that the Event was a Township -created event, stated his Morabito, 23-0178-C Page 22 understanding that all revenue from a Township event was to be placed into a Township account, and expressed his belief that such had not occurred. Morabito's replies to Korns' statements acknowledged that the revenue from the Event had been collected by a nonprofit organization that was not affiliated with the Township. During the meeting, the Township Solicitor explained that pursuant to the Second Class Township Code, revenue collected through a Township -sponsored event must be collected by the Township Treasurer, typically through a Township bank account created by Board resolution. As a Supervisor, Morabito is annually required to file an SFI by May 1 containing information for the prior calendar year. On each of his SFIs for the 2021, 2022, and 2023 calendar years, Morabito failed to: (1) disclose the Township as his governmental entity; (2) identify the prior calendar year as the filing year for the SFI; (3) disclose the Township as a direct or indirect source of income; (4) disclose his office, directorship, or employment in Morabito Motors, Inc., of which he was the sole proprietor; and (5) disclose his 100% financial interest held in Morabito Motors, Inc. Morabito further failed to disclose his office of Vice-President/Secretary of the ATCDF on his SFI for calendar year 2023. Although Morabito filed amended SFIs for calendar years 2021, 2022, and 2023 with the Township on or about April 2, 2025, each of his amended SFIs remained deficient. 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: That a technical violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Morabito used the authority of his office to solicit and receive donations for the Allegheny Township Community Days Fund, a business with which he was associated; b. That a violation of Sections 1105(a) and 1105(b)(5), (8), and (9) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1105(a) and 1105(b)(5), (8), and (9), occurred when Morabito filed [deficient] Statements of Financial Interests for calendar years 2021, 2022, and 2023 by failing to list the govermlental entity in which he was a public official, failing to list the correct calendar year for which he was filing, failing to list all direct or indirect sources of income of $1,300 or more, failing to list his office, directorship, or employment in any business, and failing to Morabito, 23-0178-C Page 23 list the percentage of interest held in any legal entity in business for profit. C. The remaining allegation is to be nolIe prossed. 4. Morabito agrees to make payment in the amount of $750 in settlement of this matter 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. This amount represents a settlement for the civil penalty for the deficient Statements of Financial Interests. b. There is no financial penalty assessed to Morabito for the violation of Section 1103(a) of the Ethics Act, as the financial gain was not realized by Morabito, but by Allegheny Township Community Days Fund, a nonprofit business with which Morabito was associated. S. To the extent Morabito has not already done so, Morabito agrees to file complete and accurate amended Statements of Financial Interests with Allegheny Township, through the Pennsylvania State Ethics Commission, for calendar years 2021 through 2023 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Morabito agrees to not accept any reimbursement, compensation or other payment from Allegheny 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 Commission from initiating appropriate enforcement actions in the event of Morabito'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. Morabito 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. Morabito has been advised that all orders become public records and may be acted upon by law enforcement as they deem appropriate. Morabito, 23-0178-C Page 24 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 accept the recommendation of the parties for a finding that a technical violation of Section 1103(a) of the Ethics Act occurred in this matter. The ATCDF, which Morabito chaired and which was initially formed by the Committee as a nonprofit unincorporated association to operate the Event and was subsequently incorporated as a domestic nonprofit corporation, was a "business" as that term is defined by the Ethics Act, and it was a business with which Morabito was associated as an officer. But for serving as Chair of the Committee in his capacity as a Supervisor, Morabito would not have been in a position to solicit and accept donations to the ATCDF in the amounts of $2,500 from the Foundation, $10,000 from Olympus Energy, and $250 from S&T Bank. Morabito's actions of soliciting and accepting donations for the ATCDF as a Supervisor/Chair of the Committee resulted in a private pecuniary (financial) benefit to the ATCDF. Each element of a conflict of interest has been established. Based upon the Stipulated Findings and the Consent Agreement, we hold that a technical violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Morabito used the authority of his office to solicit and receive donations for the ATCDF, a business with which he was associated. Turning to the allegations regarding Morabito's SFIs, we agree with the parties, and we hold, that a violation of Sections 1105(a) and 1105(b)(5), (8), and (9) of the Ethics Act, 65 Pa.C.S. §§ 1105(a) and 1105(b)(5), (8), and (9), occurred when Morabito filed deficient SFIs for calendar years 2021, 2022, and 2023 by failing to list the governmental entity in which he was a public official, the correct calendar year for which he was filing, all direct or indirect sources of income of $1,300 or more, his office, directorship, or employment in any business, and the percentage of interest held in any legal entity in business for profit. As part of the Consent Agreement, Morabito has agreed to make payment in the amount of $750, representing a civil penalty for his SFI violations, payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter.' Morabito has 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. To the extent he has not already done so, Morabito has agreed to file complete and accurate amended SFIs for calendar years 2021 through 2023 with the Township, 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 z Tile Commission does not have the authority to seek restitution due to tho 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. Morabito, 23-0178 C Page 25 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 Allegheny Township, Westmoreland County, Pennsylvania, from January 3, 2022, through the present, James Morabito ("Morabito") 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 seMc .. 2. A technical violation of Section I I03(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Morabito used the authority of his office to solicit and receive donations for the Allegheny Township Community Days Fund, a business with which he was associated. 3. A violation of Sections 1105(a) and 1105(b)(5), (8), and (9) of the Ethics Act, 6S Pa.C.S. §§ 1105(a) and 1105(b)(5), (8), and (9), occurred when Morabito filed deficient Statements of Financial Interests for calendar years 2021, 2022, and 2023 by failing to list the governmental entity in which he was a public official, the correct calendar year for which he was filing, all direct or indirect sources of income of $1,300 or more, his office, directorship, or employment in any business, and the percentage of interest held in any legal entity in business for profit. In Re: James Morabito, File Docket: 23-0178-C Respondent Date Decided; 7/23/26 Date Mailed: 7/24/26 ORDER NO. 1858 1. A technical violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), occurred when James Morabito ("Morabito"), as a Supervisor for Allegheny Township, Westmoreland County, Pennsylvania, used the authority of his office to solicit and receive donations for the Allegheny Township Community Days Fund, a business with which he was associated. 2. A violation of Sections 1105(a) and 1105(b)(5), (8), and (9) of the Ethics Act, 65 Pa.C.S. §§ 1105(a) and 1105(b)(5), (8), and (9), occurred when Morabito filed deficient Statements of Financial Interests for calendar years 2021, 2022, and 2023 by failing to list the governmental entity in which he was a public official, the correct calendar year for which lie was filing, all direct or indirect sources of income of $1,300 or more, his office, directorship, or employment in any business, and the percentage of interest held in any legal entity in business for profit. 3. Per the Consent Agreement of the parties, Morabito 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 later than the thirtieth (301") day after the mailing date of this Order. 4. Morabito is directed to not accept any reimbursement, compensation or other payment from Allegheny Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. To the extent he has not already done so, Morabito is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2021 through 2023 with Allegheny Township, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30"') day after the mailing date of this Order. 6. Compliance with paragraphs 3, 4, and 5 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. B T C MMISSION, i' Michael A. Schwartz, Chair