HomeMy WebLinkAbout1384 CianciIn Re: Peter Cianci
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
04 -025
Order No. 1384
12/12/05
12/23/05
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation of the Public Official and Employee Ethics
Act, Act 9 of 1989, P.L. 26, 65 P.S. § 401 et seq., as codified by Act 93 of 1998, Chapter
11, 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of
its investigation, the Investigative Division served upon Respondent written notice of the
specific allegation(s). Upon completion of its investigation, the Investigative Division
issued and served upon Respondent a Findings Report identified as an "Investigative
Complaint." An Answer was filed and a hearing was waived. A Consent Agreement and
Stipulation of Findings were submitted by the parties to the Commission for consideration.
The Stipulation of Findings is quoted as the Findings in this Order. The Consent
Agreement was subsequently approved.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter
11 of Act 93 of 1998, 65 Pa.C.S. § 1101 et seq., which essentially repeats Act 9 of 1989
and provides for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of 1998
and will be made available as a public document thirty days after the mailing date noted
above. However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with Chapter 11 of Act
93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of a
misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than
one year. Confidentiality does not preclude discussing this case with an attorney at law.
Cianci, 04 -025
Page 2
I. ALLEGATION:
That Peter Cianci, a public official in his capacity as Councilman for Conshohocken
Borough, Montgomery County, violated provisions of the State Ethics Act (Act 9 of 1989,
65 P.S. §401 et seq.) he used the authority of his office for the private pecuniary gain of
himself and /or a business with which he is associated, C &M Painting, including but not
limited to participating in actions of borough council to approve low interest loans for local
businesses and residents to participate in a borough facade program, and then
subsequently entering into subcontracts to perform painting services to those businesses
and or residents receiving funding through the facade program; when he participated in
decisions of council to approve funding to the Fellowship House, a borough community
center, for renovations at a time when a business with which he was associated was
subcontracting to provide painting services in relation to the renovation project; when, as
the borough's representative to the Fellowship House Board of Directors, he participated in
discussions to award a contract for additional painting services to a business with which he
is associated; when he failed to disclose on a Statement of Financial Interests filed for the
2000 calendar year his occupation /profession, direct and /or indirect sources of income,
office, directorship, or employment in any business for profit, and financial interest in any
legal entity in business for profit; when he failed to disclose on his Statement of Financial
Interest for the 2001 calendar year creditors, direct and /or indirect sources of income, gifts,
transportation, lodging, and hospitality, office, directorship, or employment in any business,
and financial interest in any legal entity in business for profit; and when he failed to
disclose on his Statement of Financial Interest for the 2002 calendar year all direct and /or
indirect sources of income, office, directorship, or employment in any business for profit,
and financial interest in any legal entity in business for profit; and when he failed to file a
Statement of Financial Interest for the 2003 calendar year by May 1, 2004.
II. FINDINGS:
1. Peter Cianci has served as a Council Member of Conshohocken Borough,
Montgomery County since January 2000.
a. Cianci has served on the borough's Parks and Recreation Committee during
his tenure on Council.
b. Cianci was appointed as borough representative to the Fellowship House
Board of Managers.
1. The Fellowship House is a borough community center.
2. Peter Cianci is a self - employed painter with a 50% ownership interest in Mancia
Painting.
a. Anthony Mancini also has a 50% ownership interest in Mancia Painting.
b. Mancia Painting also trades under the name C &M Painters.
3. Corporation records filed with the Pennsylvania Department of State Corporation
Bureau confirm the following regarding Mancia Painting:
a. Entity No. 2645469 filed on 7/5/95.
b. Address: 325 East 11 Avenue, Conshohocken, PA.
c. President: Peter Cianci.
d. Vice President: Peter Cianci.
Cianci, 04 -025
Page 3
e. Secretary /Treasurer: Peter Cianci.
4. Conshohocken Borough has had a program since at least calendar year 2000 for
the improvement of store front properties in the borough.
a. The program known as the facade program was in existence prior to Peter
Cianci's service on borough council.
5. Conshohocken Borough's Facade Program purpose is to provide (0) interest loans
to property and business owners in the borough's business district for building front
renovations completed in compliance with established architectural guidelines.
a. Loan applications are reviewed by the Facade program Advisory Committee,
which makes recommendations to Conshohocken Borough Council.
1. The Facade Committee reviews applications and makes
recommendations to council based on eligibility requirements.
2. Council makes the decisions on applications based on the advisory
committee's recommendations.
b. Priority was given to properties located on the first tour blocks of Fayette
Street.
1. Service area for the project is the length of Fayette Street and one
block on either side from Harry Street to Forrest Street.
c. Five year, zero interest loans are made to property owners for 50% of the
cost of the proposed renovations up to $6,600.00.
6. Funding for the facade program is provided to borough in the form of grants
provided by the Commonwealth of Pennsylvania's Department of Community and
Economic Development.
7 Applicants seeking loans from the facade program submit applications which
include cost estimates for the renovations.
8. Vincent Flocco owns properties on Fayette Street and was one of the applicants for
participation in the Facade Program.
a. Vincent Flocco of Flocco Realty submitted applications to the borough for (4)
properties he owns for inclusion in the facade program.
b. Flocco submitted four facade program applications on or about February 2,
2000.
c. The four applications submitted by Flocco were for the following properties:
1081/2 Fayette Street (Gravieri Hair Studio)
110/112 Fayette Street (Flocco's Shoes)
114 Fayette Street (Flocco's Shoes)
201 Fayette Street (Tony & Joe's Pizza)
Cianci, 04 -025
Page 4
9. The loan applications submitted by Flocco sought loans as follows:
Loan Amount Total project cost
a. 1081/2 Fayette Street $1,487.50 $ 2,975.00
Granieri Hair Studio
b. 110/112 Fayette Street $6,600.00 $14,375.00
Flocco shoe store
c. 114 Fayette Street $6,600.00 $12,450.00
Flocco shoe store
d. 201 Fayette Street $6,600.00 $64,600.00
Tony and Joe's Pizza
10. Borough council, at its March 29, 2000 meeting unanimously approved the
recommendations of the Facade Program Advisory Committee regarding his loan
applications the Flocco.
a. Loans were approved as follows:
1081/2 Fayette Street $ 2,325
110/112 Fayette Street 6,600
114 Fayette Street 6,600
201 Fayette Street 13,200
$28, 725
b. The loans are for terms of (5) years at zero (0 %) interest and will be secured
with agreements, notes and mortgages.
c. Cianci participated in the unanimous vote.
11. Closing for Flocco's facade program loans occurred on May 31, 2000, at the
Conshohocken Borough Hall.
12. Flocco received estimates from Joseph DelBuono Contracting Inc. for the facade
renovations of his four properties on or about January 19, 2000. The estimates,
including painting, are noted below:
108 Fayette Street:
110/112 Fayette Street:
114 Fayette Street:
201 Fayette Street:
$4,650 (painting $500)
$14,375 (painting $1.600)
$12,450 (painting $1,200)
$64,600 (painting $4,000)
13. DelBuono Contracting subcontracted the painting portion of the contract with Flocco
to Joseph Rose Painting.
a. Rose was unable to begin or complete the painting.
b. Due to time constraints DelBuono sought the services of another painter.
c. DelBuono then utilized the services of C &M Painting.
1. DelBuono had utilized Mancia Painting in the past and requested they
complete the project.
Cianci, 04 -025
Page 5
d. At the time DelBuono contacted C &M, council had already approved the
Flocco Facade Grant.
1. Cianci did not have an expectation that he would be painting for
Flocco at the time of council's approval.
14. The painting portion of the Flocco properties renovations was completed by C &M
Painting.
a. C &M directly billed Flocco for the painting services at the request of the
contractor, DelBuono because he did not want to be involved in paint
selections and other services between Flocco and C &M.
b. C &M invoices exceeded the amounts the borough allocated as part of the
facade loan to Flocco due mainly to other services provided by C &M to other
buildings owned by Flocco.
15. The following invoices were submitted by C &M Painting to Flocco, in relation to
painting the Flocco properties including both Facade Program and non - facade
work:
Invoice Date
Invoice Number Amount
10/17/00 22111 $ 6,423.00
11/24/00 11199 3,500.00
11/24/00 22555 12,108.50 (4 properties)
11/24/00 22556 8,608.50 (4 properties)
08/07/01 11122 4,200.00
08 -15 -02 11777 2,150.00
TOTAL $ 30, 567.00
16. Payments to C &M Painting for the Flocco properties painting was made by Vincent
Flocco.
C &M
Date Amount Invoice # Property
10/17/00 $ 6,423.00 22111 119 -121 Fayette Street
12/11/00 12,108.50 22555 110/112, 201 Fayette Street
12/10/00 8,608.00 22556 108 1/2 Fayette Street
02/12/01 3,500.00 11199 114 Fayette Street
08/13/01 4,200.00 11122 201 Fayette Street
2,150.00
(The following findings relate to the allegation that Peter Cianci and /or
businesses with which he is associated, contracted /subcontracted to
provide painting services for the Fellowship House Renovation Project.)
17. The Fellowship House ( "Center ") is a community center located in the borough of
Conshohocken.
a. The Center is a non - profit corporation organized to promote the general
welfare and recreational activities for the youth of Conshohocken and the
immediate vicinity with special emphasis on the creation and maintenance of
a "youth center ".
1. The Fellowship filed for non - profit corporation status with the
Commonwealth Department of State, Corporation Bureau, Entity No.
120060 on February 13, 1952.
Cianci, 04 -025
Page 6
b. The Center was incorporated to obtain tax free status and to receive
donations.
c. The Center has been in operation since 1953.
d. Recreation and leisure activities are grouped by age ranges served from
pre - schoolers to senior citizens.
18. The Fellowship House leases the building on Harry Street from the borough of
Conshohocken.
a. The building and property is owned by the borough of Conshohocken.
b. On or about January 10, 2001, borough council approved Resolution No. 1
of 2001 extending the lease with the Fellowship House which was set to
expire on March 1, 2003.
1. The original lease was entered into in March 1953.
c. Council, through Resolution No. 1 of 2001, also permitted and authorized the
Capital Campaign for the proposed renovations and improvements to the
Fellowship House.
1. Peter Cianci was present at the January 10, 2001, meeting of council
and participated in the vote to approve Resolution No. 1 of 2001.
19. By -laws of the Fellowship House approved on September 25, 1969 confirm the
authority and responsibility for overall guidance and management rests with the
board of managers.
20. The Fellowship House consists of a twelve member Board of Managers who serve
staggered terms.
a. Since at least 1994, two members of borough council have served as
liaisons to the Center's Board of Directors.
b. The borough representatives have participated in discussions of the Board
of Directors /Managers.
21. Peter Cianci served as Conshohocken Borough liaison to the Fellowship House
Board of Managers from 2000 until February 2005.
a. The borough council member serving as Parks and Recreation Committee
served as the council liaison to the Fellowship House Board of Directors.
22. The Fellowship House is financially supported by United Way donations, grants,
fundraisers, contributions and an annual donation from Conshohocken Borough.
a. In 2001, 2002 and 2003, borough council voted to appropriate $20,000 each
year toward the operational expenses of the Fellowship House.
23. In or about February 2000 the "Center's" Board of Directors was considering
upgrades to the "Center ".
a. The board wanted to renovate, repair and expand the facility.
Cianci, 04 -025
Page 7
b. Funding for the project was to be obtained through grants, fundraisers and
funding provided by the Borough of Conshohocken.
24. The borough authorized the Capital Campaign for the renovations on January 10,
2001.
a. Peter Cianci participated in borough council action approving the Capital
Campaign.
b. The Capital Campaign approval was part of Resolution No. 1 of 2001.
25. In or about September 27, 2000 the Fellowship House of Conshohocken submitted
an application for financial assistance for the renovation project to the Pennsylvania
Department of Community and Economic Development (DCED).
26. In February 2001 DCED Secretary Samuel McClullough advised Dayle Malantonio,
President Fellowship House, Board of Directors that a grant in the amount of
$1,200,000 had been approved under the Community Revitalization Assistance
Program.
27. The Fellowship House selected contractors for architectural services and a
construction manager for the project.
a. Kimmel Bogrette was chosen as architect.
b. Keating Building Corporation was selected as the construction manager and
was responsible for evaluating bids received for the project.
28. The renovations /expansion of the Fellowship House was discussed or action taken
by the Fellowship House board as follows:
March 23, 2000: Borough manager Jack Heleniak advised the board of the
possibility of funds in the form of grants being available to help
with the improvement. Heleniak felt the Fellowship House
should be upgraded rather than the borough building a new
facility.
November 16, 2000: Campaign goal of $1,200,000 set.
Motion approved to hire Kimmel Bogrette as project architect.
Dan Keating, Keating Building Corporation, approved as project construction
manager.
June 20, 2001: Kimmel Bogrette provides renovation /expansion project cost
estimate of $2.3 million.
Board requested Kimmel Bogrette provide an alternate plan for the
renovation at $1.5 million.
Peter Cianci reported as attending as a board member.
October 4, 2001: Lease agreement between the borough and the Fellowship
House has been signed by the borough. Motion unanimously
approved to give board President authorization to sign lease.
Cianci, 04 -025
Page 8
$50,000 donation received from Michael O'Neil for the renovation /expansion
deposited in the First Trust account.
Peter Cianci recommends the borough be given a status report on the
project.
January 24, 2002: Capital Campaign Update.
State, local and private sources total nearly $2,000,000 will be
ongoing.
Project Design- Construction Status.
Final engineering work to be completed through Kimmel
Bogrette.
Keating Construction reported on construction status and will
present a proposal for services in the near future.
President Moore advised that the Fellowship House would act
as the general contractor for the project and that a contract will
need to be worked out between the borough and the
Fellowship House to assign authority to the Fellowship House
to serve as the General Contractor.
Keating Corp. will act as a consultant or owner's
representative to the Fellowship House.
Peter Cianci reported as in attendance.
John Ondik reported on the order in which available funds
would be expended on the project.
1. PA DCED — $1.2 million grant.
2. Borough - $1 million.
3. Private donation.
March 21, 2002:
Kimmel Bogrette reported that bid packages are to be
prepared and made available very shortly by Keating Corp.
Purchase of service contract to be executed between the F.H.
and Keating.
Keating presented up to date budget package, explained how
the project will be bid to the general contractors, Keating's role
as Project Manager. Project to divided:
1. Site demolition.
2. General Trades.
3. Mechanical & Electrical.
4. Sprinklers.
Board discussed proper documentation and public opening of
bids. Keating to oversee all general conditions of the project.
Motion unanimously approved to put the project out to bid per
Kimmel Bogrette and Keating specifications. Peter Cianci
recorded as present.
June 20, 2002: Borough Solicitor DiPietro advised the board that the borough
Cianci, 04 -025
Page 9
will make an additional contribution of $500,000 for a total
commitment from the borough of $1,000,000.
The competitive bid opening for the project is scheduled for
June 28, 2002. A major concern was expressed whether
sufficient funding was raised to complete the project.
A special meeting was scheduled for July 11, 2002 to consider
funding and contingencies.
29. An advertisement for bids for the Fellowship House project was advertised in the
Montgomery Co. Times Herald on June 5, 7, and 10, 2002.
a. Bids were due by June 21, 2002 at 2:00 p.m. to the Fellowship House
Director.
30. Keating tabulated bids on or about June 27, 2002 as follows:
John S. McManus: $2,468,700
Irvine Construction: $2,497,000
Shaffer Builders: $2,497,061
Adams - Bickel: $2,558,300
Dale Corp.: $2,700,000
31. In a memo dated June 27, 2002 Keating prepared a bid tabulation which contained
selected alternates and deletions making the total revised estimate $2,256,000.
32. Jenni Tarner of Kimmel Bogrette faxed to Fellowship House Executive Director
Floyd Shaffer comments and recommendations regarding the alternates.
a. Tarner's July 10, 2002 e -mail contained numerous recommendations,
including the proposed deletion of painting the existing gymnasium walls.
b. Tanner did not recommend the deletion of the painting of gymnasium walls.
33. During the June 20, 2002 meeting of the Fellowship House Board of Managers,
Cianci questioned if the board was required to accept the lowest bid.
a. The board consensus was the lowest had to be considered first.
34. The board of managers awarded a contract for the project during a special meeting
held on July 31, 2002.
a. Rich Hylinsk, Keating Building Corp. reported on various alterations to base
bids to reduce the cost of the project to $2,420,000.
b. Motion by Ondik, second by Minnick to enter into an agreement with the
lowest responsible bidder, J.S. McManus, Chester Heights, PA. Motion
approved 9 to 0, no roll vote. Cianci one of (10) members present. Member
George Smear abstained.
c. Motion Ondik, second by McMonagle to approve a $2,600,000 construction
budget contingent upon borough council allocating an additional $500,000 to
Cianci, 04 -025
Page 10
bring the borough overall contribution to $1,500,000. Motion approved 9 to
0. Member George Smear abstained.
1. Cianci as council representative did not have a vote.
d. The board requested Peter Cianci and Lucius Carter to arrange a meeting
with borough council to update the council and to explain the need for
additional financial support.
35. On August 23, 2002 the Fellowship House entered into a contract with John S.
McManus, Inc. for additions and renovations to the property at Harry Street at 5 th
Avenue, Conshohocken, PA totaling $2,468,700.
36. Prior to submitting a bid for the Fellowship House project John S. McManus, Inc.
received bids from subcontractors for the various portions of the project including
painting:
a. McManus did not solicit a quote from C &M Painters.
37. As of September 2002, McManus had not award the painting contract to any of the
painting contractors submitting a bid.
38. In or about July or August 2002, after the contract had been awarded to McManus
but prior to the Fellowship House Board of Directors signing the contract with
McManus, Inc., Peter Cianci discussed the payment portion of the contract with
Tom Fabiani, McManus construction foreman.
a. The discussion was not prearranged and occurred when the McMnaus
employee was securing permits for the Fellowship House project.
b. Cianci discussed with Fabiani the painting contract.
c. Fabiani directed Cianci to contact John McManus if he was interested in
bidding.
39. C &M Painters had previously submitted a paint bid for the Center to Shaffer
Builders on or about June 2002.
a. Shaffer Builders was one of the companies submitting a bid to serve as the
general contractor for the renovation project.
b. C &M Painters bid included the base bid of $35,000 and the Alternate #1 bid
for the gymnasium of $10,200.
40. Anthony Mancini, Cianci's partner, contacted John McManus regarding the painting
contract for the Center.
a. Mancini expressed his desire for C &M to do the painting.
b. McManus had not yet awarded a contract and advised Mancini to submit a
bid.
41. On or about September 4, 2002 Anthony Mancini, forwarded a letter to John
McManus which provided as follows:
"Dear John, as per our conversation, enclosed is a copy of our bid for the
Fellowship House of Conshohocken, and to request to be put on your bid list."
Cianci, 04 -025
Page 11
42. C &M Painters, Inc. bid dated September 4, 2002 submitted to John McManus
included the following:
Base Bid: $44,200
Alt. delete (painting gym) 10,200
Total $34,000
43. By fax dated September 5, 2002 Peter Cianci forwarded a list of C &M references to
John McManus.
a. The fax was on C &M Painters letterhead listing an address of 325 East
Eleventh Avenue, Conshohocken, PA Cianci's home address.
b. Handwritten at the bottom of the fax, by a McManus official, was the
following:
Mike —
Call the people above for references on C &M Painters, Inc.
We are thinking about awarding them the Fellowship House. Do they do a
good job? What size jobs?
44. Between September 5, 2002 and September 10, 2002 McManus negotiated with
C &M on a price to do the painting for the Fellowship House.
a. Mancini inquired if the painting could be done for $32,000 rather than
$34,000.
b. On September 10, 2002 John McManus notified Tony Mancini by fax that he
intended to award a contract to C &M Painters in the amount of $32,000 to
complete the painting of the Fellowship House.
45. On September 13, 2002, Mancini faxed, to John McManus, a schedule of values for
the painting at the Fellowship House:
a. Exterior painting, labor, materials $ 2,750
Interior Painting, door jams (40) 3,600
Interior painting, windows (34) 3,400
Interior painting, ceilings, walls, structural steel 13,750
Materials 5,500
Miscellaneous equipment, mobile scaffold 3,000
TOTAL $32,000
46. A contract, dated September 16, 2002, was entered into between John McManus
Inc., and C &M Painters Inc. for the painting portion of the Fellowship House
renovations in the amount of $32,000.
a. Anthony Mancini signed the contract on behalf of C &M Painters.
47. McManus Contracting submitted periodic stage payment requests as various
aspects of the renovations /construction were completed.
a. Beginning in May 2003 payment requests to the Fellowship House included
payment for painting services completed by C &M Painting.
b. Payments were issued to McManus from the Fellowship House capital fund
following a review of scope of work performed and approval by Kimmel
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Page 12
Bognette and Keating Construction.
c. Payments were not voted on by the Board of Managers.
48. The payments made by Fellowship House to McManus Contracting from the capital
fund, which included both grant funds and money donated by the borough.
a. The $1.2 million in DCED grant monies were utilized first.
b. The Borough Council required that the Fellowship House spend down all of
the DECD money first and then also did not provided initial borough funding
until May of 2003 as incentive for the Fellowship House to continue to raise
money by charitable contributions.
49. On May 2, 2003, Fellowship House Board President Peter Moore advised Borough
Solicitor John DiPietro that the $1.2 million DCED grant was exhausted.
a. Moore advised that first borough installment would be needed within the next
few weeks.
b. Moore requested that funds be transferred to the Fellowship House account
in advance of payments needed and suggested an initial $500,000 transfer
be made.
c. DiPietro sent a memo to borough council dated May 6, 2003, recommending
the transfer.
50. The initial transfer of $500,000 was approved by council on May 14, 2003.
a. Cianci was present at the council meeting and made the motion to authorize
the transfer which was unanimously approved.
51. The borough transferred funds to the Fellowship House capital account as follows:
07/02/2003: $ 500,000
07/31/2003: 1,000,000
$1,500,000
52. Cianci participated in the borough actions regarding approval of the Fellowship
House renovation project including the $1.5 million borough allocation for the
renovation project.
53. Between September 2001 and November 2003 the following actions were taken by
borough council regarding the Fellowship House project:
September 20, 2001: Motion Cianci to waive all and development and
building permit fees for the Center, approved
unanimously.
November 14, 2001: Motion approved unanimously for the Center's Land
Development Plan.
Motion Cianci, second Caterbone to approve $500,000 grant to the Center
for the renovations. Carried unanimously.
January 9, 2002: Report by Cianci that renovations to begin in the spring.
Cianci, 04 -025
Page 13
February 13, 2002: Motion Cianci, second Pirollo to adopt Ordinance 3 -2002
authorizing Fellowship House Board of Directors to proceed
with bid solicitations for the renovation /construction project.
Cianci appointed Chairman of the Parks - Recreation
Committee and a member of the Public Safety Committee.
April 10, 2002: Solicitor DiPietro reports that bid specs are being prepared by
the Fellowship House for the construction project.
June 12, 2002: Motion Cianci, second Caterbone to authorize an additional
$500,000 to the Fellowship House renovation project. Carried
unanimously.
July 10, 2002: Cianci reports that bids for renovation project of the Fellowship
House will be reviewed on Thursday (July 11, 2002).
August 14, 2002: Motion Cianci, second Pirollo to authorize an appropriation of
$20,000 to the Fellowship House. All in favor.
September 11, 2002:Cianci reports that the Center has broken ground and is close
to demolition.
November 14, 2002:Cianci provides report on progress of Fellowship House
project.
May 14, 2003: Motion Cianci, second Caterbone to authorize the transfer of
$500,000 to the Fellowship House for building construction
costs. Unanimously approved.
November 12, 2003:Motion Cianci, second Pirollo to authorize $70,000 to the
Fellowship House for operating expenses.
54. C &M Painters invoiced John S. McManus, Inc. for painting services related to the
Fellowship House renovation project:
Date Invoice # Amount
6/19/03 11000 $ 2,500
8/18/03 11001 9,500
9/18/03 11003 14,500
10/17/03 11004 5,500
$32,000
55. All four invoices contained the signature Anthony Mancini but were actually signed
by Peter Cianci.
a. Cianci signed Mancini's name to the invoices.
56. Checks were issued to C &M by John McManus Inc. as follows from the Fellowship
House Capital Fund:
Date Invoice # Amount
7/23/03 38815 $ 2,250
8/26/03 39127 8,550
10/8/03 39488 13,050
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Page 14
11/24/03 39853 4,950
1/24/04 40344 1,700
5/28/04 41378 1,500
$32,000
57. In or about September 2003 Center Executive Director Floyd Schaffer began
seeking quotes for the painting of the existing gymnasium.
a. The painting of the gymnasium had been deleted from the project by the
board in or about July 2002.
b. The board of managers decided to add the gymnasium to project sometime
prior to September 2003.
1. There is no record of any board action approving the inclusion of the
gymnasium painting as part of the project.
c. Schaffer did not publicly advertise for the gymnasium but solicited quotes
from area painting companies, including C &M.
58. Schaffer solicited and received bids for the painting of the gymnasium from the
following companies:
Proposal Date Contractor Amount
11/12/03 Dowing Painting $15,500
9/19/03 John C. Westerfer 14,800
10/7/03 Mancia Paintering, Inc. 12,400
T/A C &M Painters
59. The Mancia Painting bid was signed by Anthony J. Mancini.
a. The bid figures were determined by Mancini with Cianci's approval.
60. A special meeting of the Fellowship House Board of Directors was held on
November 13, 2003 to discuss issues and make decisions regarding the final
stages of the renovation project.
a. Peter Cianci was present for the meeting.
b. During the meeting a vote was taken to award the contract for the painting of
the gymnasium to C &M Painting.
c. The gymnasium painting bid of $12,400 from C &M Painting was presented to
the board for approval.
d. Motion by Kelly, second by Malantonio to accept the C &M bid. Motion
approved unanimously.
e. Peter Cianci was present at November 13, 2003 meeting as the borough
liaison.
61. C &M Painters invoiced the fellowship House for the gymnasium painting as follows:
Date Invoice# Amount
11 -20 -03 21000 $ 4,000
12 -03 -03 21001 8 .400
Cianci, 04 -025
Page 15
$12,400
62. Payments were issued to C &M by Fellowship House from the Capital Fund as
follows:
Date Check# Amount
12/03/03 6556 $ 4,000
12/09/03 6565 8,400
$12,400
The following findings relate to the allegation that Peter Cianci failed to file a SFI
and that he filed deficient SFI's.
63. Peter Cianci has filed Statements of Financial Interest (SFI) in his capacity as an
elected Councilman of Conshohocken Borough as follows:
Calendar Year Date Filed
2000 2/28/01
2001 4/29/02
2002 3/17/03
2003 None on file with the borough
64. On February 28, 2001 Cianci filed a SFI for calendar year 2000 with Conshohocken
Borough which did not disclose the following required information:
Item No. 5: Political Subdivision /Agency
Item No. 6: Occupation /Profession
Item No. 10: Direct or Indirect Sources of Income
Item No. 13: Office Directorship or Employment in any Business
Item No. 14: Financial Interest in any Legal Entity in Business for Profit
65. On April 29, 2002 Cianci filed a SFI for the 2001 calendar year with the borough
which was incomplete by not disclosing the following required information:
tem No. 5: Political Subdivision /Agency
tem No. 9: Creditors
tem No. 10: Direct or Indirect Sources of Income reported as "Self- employed ".
tem No. 11: Gifts
tem No. 12: Transportation, Lodging, Hospitality
tem No. 13: Office Directorship or Employment in any Business
tem No. 14: Financial Interest in any Legal Entity in Business for Profit
66. Cianci did not include on lines 13 and 14 on the SFI filed for the 2001 calendar year
his ownership /affiliation with Mancia Painting and C &M Painting and that these
entities were sources of income in excess of $1,300 for calendar year 2001.
a. Cianci also did not disclose Conshohocken Borough as a source of income
in excess of $1,300.
67. Cianci filed a SFI with the borough for the 2002 calendar year on or about March 7,
2003.
a. Cianci disclosed his occupation on Item No. 6 as self - employed painter.
b. Cianci disclosed no sources of income other than Conshohocken Borough.
Cianci, 04 -025
Page 16
c. Cianci disclosed on Item No. 13 that he was Vice - President of Mancia
Painting, Inc.
d. Cianci disclosed on Item No. 14 as having 50% interest in Mancia Painting
Inc.
1. Cianci disclosed the address of Mancia Painting as 325 East 11
Avenue, Conshohocken, PA, the same address as his personal
residence.
e. Cianci did not disclose on the SFI for the 2002 calendar year that Mancia
Painting also traded as C &M Painting.
f. Cianci did not disclose on his SFI C &M Painting and /or Mancia Painting as
sources of income for the 2002 calendar year.
68. No SFI for calendar year 2003 for Cianci on file with the borough.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Peter Cianci (Cianci) has been
a public official subject to the provisions of the Public Official and Employee Ethics Law,
Act 9 of 1989, Pamphlet Law 26, 65 P.S. § 401, et seq., as codified by the Public Official
and Employee Ethics Act, Act 93 of 1998, Chapter 11, 65 Pa.C.S. § 1101 et seq., which
Acts are referred to herein as the "Ethics Act."
The allegations are that Cianci violated Sections 1103(a) and 1105(b) of the Ethics
Act when he participated in actions of borough council to approve low interest loans for
local businesses and residents to participate in a borough facade program, and
subsequently entered into subcontracts to perform painting services to those businesses
or residents receiving funding through the facade program; when he participated in
decisions of council to approve funds to the Fellowship House, a borough community
center, for renovations at a time when a business with which he is associated was
subcontracting to provide painting services in relation to the renovation project; when, as
the borough's representative to the Fellowship House Board of Managers, he participated
in discussions to award a contract for additional painting services to a business with which
he is associated; when he failed to disclose on a Statement of Financial Interests (SFI)
filed for the 2000 calendar year his occupation /profession, sources of income, office,
directorship, or employment in any business for profit, and financial interest in any legal
entity engaged in business for profit; when he failed to disclose on his SFI for the 2001
calendar year creditors, sources of income, gifts, transportation, lodging, and hospitality,
office, directorship, or employment in any business, and financial interest in any legal
entity engaged in business for profit; when he failed to disclose on his SFI for the 2002
calendar year sources of income, office, directorship, or employment in any business for
profit, and financial interest in any legal entity engaged in business for profit; and when he
failed to file an SFI for the 2003 calendar year by May 1, 2004.
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.
The term "conflict of interest" is defined under Act 9 of 1989/Act 93 of 1998 as
follows:
Section 2. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
Cianci, 04 -025
Page 17
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. "Conflict" or "conflict of interest" does not
include an action having a de minimis economic impact or
which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry,
occupation or other group which includes the public official or
public employee, a member of his immediate family or a
business with which he or a member of his immediate family is
associated.
65 P.S. § 402/65 Pa. C. S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Section 1105(b)(5) of the Ethics Act requires that every public official /public
employee and candidate list the name and address of any direct or indirect source of
income totaling in the aggregate of $1,300 or more.
Section 1105(b)(6) of the Ethics Act requires that every public official /public
employee and candidate list the name and address of the source and amount of any gift
valued in the aggregate of $250 or more and the circumstances of each gift.
Section 1105(b)(7) of the Ethics Act requires that every public office /public
employee and candidate list the name and address of the source and the amount of any
payment for or reimbursement of actual expenses for transportation and lodging or
hospitality received in connection with public office or employment where such actual
expenses for transportation and lodging or hospitality exceed $650 in the course of a
single occurrence. This shall not apply to expenses reimbursed by a governmental body or
to expenses reimbursed by an organization or association of public officials or employees
of political subdivisions which the public official or employee serves in an official capacity.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests any office, directorship or employment in any business entity.
Section 1105(b)(9) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests any financial interest in any legal entity engaged in business for
profit.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are reproduced above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Cianci has served as a Conshohocken Borough Council Member since January of
2000. In a private capacity, Cianci is a self - employed painter who holds a 50% ownership
interest in Mancia Painting, a /k/a C &M Painters.
The Borough has a program for the improvement of storefront properties, which
program predated Cianci's service on Council. The borough facade program provides
interest free loans to property and business owners for building front renovations. Loan
applications are reviewed by an advisory committee that makes recommendations to
Cianci, 04 -025
Page 18
Borough Council that makes the actual decisions on the loan applications. The funding for
the borough facade grant program is provided through grants from the Commonwealth of
Pennsylvania, Department of Community and Economic Development (DCED).
One of the applicants for participation in the borough facade program was Vincent
Flocco (Flocco) who owns four business properties in the Borough. In March 2000,
Borough Council unanimously approved, with Cianci's participation, loans for Flocco's four
properties totaling $28,725. The terms were for secured loans and a period of five years
for repayment at 0% interest. Flocco then received estimates from Joseph DelBuono
Construction for the renovations for the four properties.
After DelBuono obtained the contracts, he subcontracted the painting portion of the
contracts to Joseph Rose Painting. Because the painting subcontractor was unable to do
the project, DelBuono sought the services of another painter and selected C &M Painters.
Since the loans had already been approved, Cianci did not have any expectation of a
painting subcontract at the time that Council approved the Flocco loans. The invoices from
C &M Painters to Flocco and the payments from Flocco to C &M Painters for the subcontract
work are detailed in Fact Findings 15 and 16.
Within the Borough, there is a community center known as Fellowship House
(Center), a non - profit corporation organized to foster the general welfare and promote
recreational activities for youth. The Center leases a building that is owned by the
Borough. In January 2001, Borough Council extended the lease for the Center as well as
authorized renovations and improvements via a resolution. Cianci attended that meeting
of Borough Council and participated in the vote for the resolution approval. Cianci also
served as the Borough's liaison to the Center from 2000 until February 2005.
The Center has a Board of Managers and receives financial support through United
Way donations, grant fundraisers, contributions and donations from the Borough. For the
years 2001 through 2003, the Borough appropriated $20,000 each year for operational
expenses for the Center. In February 2000, the Center's Board of Managers considered
various upgrades to the Center for the purposes of renovations, repairs and expansion. In
September of 2000, the Center submitted an application for financial assistance for its
renovation project to DCED. In February 2001, DCED approved a grant in the amount of
$1,200,000 through a community revitalization assistance program.
The Center then selected contractors for architectural services and a construction
manager for the project. Through various discussions and actions, the expansion and
renovations of the Center were considered. See, Fact Finding 28. Cianci participated in
such matters. Finally, in June 2002, an advertisement for bids for the Center project was
published in the Times Herald. Five bids were submitted that were tabulated by Keating
Building Corporation, the project construction manager. Certain alternates, deletions,
comments and recommendations were made, including, interalia, the deletion of painting
the existing gymnasium walls.
The Board of Managers of the Center met in June 2000 and awarded a contract for
the project to one of the five bidders, J.S. McManus by a 9 -0 vote. As the Borough
representative, Cianci was present but was not permitted to vote. Thereafter, the Board
members requested Cianci and another individual to arrange a meeting with Borough
Council to provide updates and to explain the need for additional financial support.
In August 2002, the Center entered into a contract with John S. McManus, Inc. for
additions and renovations to the Center at a total cost of $2,468,700. Before submitting its
bid to the Center, John S. McManus, Inc. received bids from the subcontractors for various
portions of the project including painting. However, McManus did not solicit a quote from
C &M Painters. After the contract had been forwarded to McManus, Cianci discussed the
payment portion of the contract with Tom Fabiani, McManus Construction foreman. Cianci
Cianci, 04 -025
Page 19
also discussed the painting contract with Fabiani, who directed Cianci to contract
McManus if Cianci were interested in bidding.
C &M Painters had previously submitted a bid for the Center project to Shaffer
Builders, one of the unsuccessful bidders. The bid by C &M Painters was in the amount of
$35,000 with an alternate for an additional $10,200 for painting the gymnasium. Anthony
Mancini, Cianci's partner, contacted McManus regarding the painting contract for the
Center. C &M Painters, Inc. then submitted a bid to McManus in the amount of $44,200,
with $10,200 of that amount allocated for painting the gymnasium.
After some negotiations between McManus and C &M Painters, it was agreed that
McManus would award a subcontract to C &M Painters in the amount of $32,000 for
completion of the painting at the Center. The details of the painting project, which did not
include the painting of the gymnasium, are set forth in Fact Finding 45. A contract
between C &M and McManus was finalized in September 2002 with Mancini signing the
contract on behalf of C &M Painters. C &M Painters submitted four invoices to John S.
McManus, Inc. for its services relative to the Center renovation project and in turn
McManus issued a total of $32,000 in payments to C &M Painters.
Payments that the Center made to McManus Contracting for the Center project
included both grant funds and monies donated by the Borough. After the $1.2 million from
DCED was expended on the project, it was necessary for the Borough to pay the remaining
installments on the contract. An initial transfer of $500,000 was approved by Borough
Council in May 2003 where Cianci made the motion to authorize the transfer. That motion
was unanimously approved. A second transfer of funds by the Borough for the project
amounted to $1,000,000 so that its total expenditure was $1.5 million. Various actions
taken by Cianci as a member of Council are delineated in Fact Finding 53.
Since the painting of the gymnasium had been deleted from the original renovation
project for the Center, the Board of Managers of the Center subsequently decided to have
the gymnasium painted. The Center's Executive Director, Floyd Shaffer, sought quotes
for painting of the gymnasium in September 2003. No public advertisement for bids
occurred as to the gymnasium painting project. Shaffer received bids from three
companies with C &M Painters submitting the low bid of $12,400 for the painting project. In
November 2003, the Board of Managers of the Center held a special meeting and awarded
the gymnasium painting project to C &M Painters. Cianci was present at that meeting as
the Borough liaison. Subsequently, C &M Painters invoiced the Center for the gymnasium
painting and received payments in the amount of $12,400.
Separate and apart from the above, Cianci, as a councilman for the Borough was
required to file SFIs. The only SFIs on file with the Borough for Cianci were for the
calendar years 2000 through 2002. For those three calendar years, Cianci's SFIs
contained numerous deficiencies. Further, for the calendar year 2003, Cianci did not file
an SFI.
The filing deficiencies for the calendar year 2000 are delineated in Fact Finding 64
and for the calendar year 2001 in Fact Findings 65 and 66. Such deficiencies include in
part the failure to list sources of reportable income; office, directorship or employment in
C &M Painters and his financial interest therein; and any gifts or hospitality, transportation
and lodging. Lastly, the deficiencies for the 2002 calendar year are set forth in Fact
Finding 67. Those deficiencies include in part the failure to disclose reportable sources of
income.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
Cianci, 04 -025
Page 20
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
"3. The Investigative Division will recommend the following in relation to the
above allegations:
a. That no violation of Section 1103(a) occurred regarding the allegation
that Cianci participated in actions of borough council to approve low
interest loans for local businesses and residents to participate in the
borough facade program and then subsequently entered into
contracts to perform painting services for those businesses and /or
residences receiving funding through the program.
b. That no violation of Section 1103(a) of the Ethics Act occurred
regarding the allegation when as the borough representative to the
Fellowship House Board of Managers, Cianci participated in
discussions to award a contract for additional painting services to a
business with which he is associated in that Cianci did not have a
vote as the borough's representative to the board of managers.
c. That an unintentional violation of Section 1103(a) of the Ethics Act
occurred when Cianci participated in discussions of council to
approve funding to the Fellowship House, a borough community
center, for renovations at a time when a business with which he was
associated was subcontracting to provide painting services in relation
to the renovation project.
d. That a violation of Section 1105(b)(5) occurred when Peter Cianci did
not disclose on Statements of Financial Interests filed for the 2000,
2001, and 2002 calendar years all direct or indirect sources of
income.
e. A violation of Sections 1105(b)(8) and 1105(b)(9) occurred when
Cianci did not disclose on Statements of Financial Interests for the
2000 and 2001 calendar years his office or directorship of [sic]
employment in Mancia Painting trading as C &M Painting and his
financial interest in any legal entity [engaged] in business for profit
when he did not disclose his financial interest in Mancia Painting
trading as C &M Painting.
f. A violation of Sections 1105(b)(6) and 1105(b)(7) occurred when
Cianci did not complete, on Statements of Financial Interests filed for
the 2000 [sic] calendar year, items 11 and 12 relating to the receipt of
gifts and /or transportation, lodging and hospitality.
4. Peter Cianci agrees to make a payment in the amount of $1,000.00 in
settlement of this matter. Said amount to be payable to Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics Commission
within six (6) months of the issuance of the final adjudication in this matter.
Payments to be made in monthly installments of $165 per month for five
months and one payment of $175. Cianci has filed amended Statements of
Financial Interests for the 2000 and 2001 calendar years and Cianci would
not be required to file again for calendar year 2003."
Consent Agreement, ¶3 and ¶4.
Cianci, 04 -025
Page 21
In applying the provisions of §1103(a) of the Ethics Act to the stipulated facts, there
were uses of authority of office on the part of Cianci as to the borough facade program.
But for the fact that Cianci was a Borough Councilman, he would not have been in a
position to participate and vote on the award of zero interest loans to various property
owners. In particular, Cianci participated as to the award of the five year zero interest
loans to Flocco on his four business properties as to which Cianci, through his business
C &M Painters, subsequently obtained subcontracts to perform the painting services after
the original subcontractor was unable to do the project. Such actions were uses of
authority of office. See, Juliante, Order 809. In addition, as a result of the uses of
authority of office, there was a financial gain that inured to C &M Painters as to the
subcontract for the Flocco business property renovations.
However, we have held that a public official does not have a conflict as to a matter
before his governmental body if there is not a reasonable or legitimate expectation that he
or the business with which he is associated would receive a financial gain in the future.
See, Amato, Opinion 89 -002. In this case, Cianci had no such expectation. See, Fact
Finding 13(d)(1). Further, Flocco obtained a general contractor who subcontracted the
painting services to a painting business other than C &M Painters. It was only after the first
painting subcontractor was unable to perform the contract that the general contractor
awarded the subcontract to C &M Painters. It is clear that at the time that Cianci
participated as a Borough Councilman as to the zero interest loans to Flocco, any prospect
of a subcontract for C &M Painters was remote. See, Armstrong, Opinion 97 -001.
Accordingly, Cianci did not violate §1103(a) regarding the approval of zero interest
loans to a local businessman who hired a general contractor to do the work who in turn
hired a subcontractor to perform the painting services and then hired the business with
which Cianci is associated after the original subcontractor was unable to do the painting.
Turning to the matter of the renovations to the Fellowship House (Center), there
were uses of authority of office on the part of Cianci in that he participated as Borough
Councilman as to the funding approval for the renovations for the Center. Such actions
occurred at a time when C &M Painters, the business with which he is associated, was
subcontracting to provide painting services at the Center. Such uses of authority of office
resulted in a private pecuniary benefit that C &M Painters, the business with which Cianci is
associated, received in providing painting services under the contract. Lastly, C &M
Painting is a business with which Cianci is associated as that term is defined under the
Ethics Act. Accordingly, Cianci unintentionally violated §1103(a) of the Ethics Act when he
participated in actions of Borough Council to approve funding to the Center for renovations
when C &M Painters, the business with which he is associated, provided subcontracting
services to do painting relative to that renovation project. See, Katz, Order 885.
As to the renovation project for the Center, Cianci was the Borough representative
for the Board of Managers at the Center. Separate and apart from the renovation project
for the Center, the Center Board subsequently awarded a contract for additional painting
services for the gymnasium. C &M Painters received that contract from the Board of
Managers of the Center. However, in that Cianci was the Borough representative on that
Board, he did not have the power to participate or vote. See, Fact Finding 34(c)(1). Thus,
there was no use of authority of office on the part of Cianci as to the award of the painting
contract for the gymnasium. The courts have held that without the use of authority of office
there can be no violation of the Ethics Act. See, McGuire and Marchitello v. SEC, 657
A.2d 1346 (Pa. Commw. 1995). Accordingly, Cianci did not violate §1103(a) as to the
award by the Board of Managers of the Center of a contract to paint the gymnasium in that
Cianci as a Borough Representative on the Board of Managers did not have the authority
to vote on the project.
Turning to the SFI allegations, we initially note that the Consent Agreement by the
parties encompasses the calendar years 2000 through 2002. As to the allegation
Cianci, 04 -025
Page 22
regarding the failure to list his occupation /profession on the 2000 calendar year SFI, list
creditors for the calendar year 2001 SFI and file for the calendar year 2003, we must
assume that the Investigative Division, in the exercise of prosecutorial discretion and as
part of the negotiation process for the Consent Agreement, has chosen to non pros those
particular allegations.
From the stipulated findings, it is established that Cianci failed to disclose sources
of income on his SFIs for the calendar years 2000 through 2002. See, Fact Finding 64,
65, 66, 67(b). Consequently, Cianci violated §1105(b)(5) in each instance when he failed
to disclose the reportable sources of income on his SFIs for the calendar years 2000, 2001
and 2002.
The stipulated findings further reflect that Cianci neither disclosed his office or
directorship in Mancia Painting a /k/a C &M Painters nor disclosed his financial interest in
that legal entity and business for profit on his SFIs for calendar years 2000 and 2001.
Accordingly, Cianci violated §1105(b)(8) and §1105(b)(9) in each instance when he failed
to disclose Mancia Painting a /k/a C&M Painters as to his office or directorship or
employment as well as his financial interest in that legal entity in business for profit for the
SFI calendar years 2000 and 2001.
Finally, it is noted in the stipulated findings that for the calendar year 2001, not
2000, Cianci failed to complete the sections of the form dealing with gifts or transportation,
lodging and hospitality. Given such deficiencies, Cianci violated §1105(b)(6) and
§1105(b)(7) of the Ethics Act when he failed to complete the categories for gifts and
transportation, lodging and hospitality for the 2001 calendar year SFI.
The Consent Agreement states that Cianci has filed amended SFIs for the calendar
years 2000 and 2001. Further, since paragraph four of the Consent Agreement states that
Cianci "would not be required to file again for calendar year 2003," we must conclude that
Cianci has since filed his SFI for that calendar year as well.
We determine that the Consent Agreement submitted by the parties sets forth the
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances. Accordingly, Cianci is directed to make
payment in the amount of $1,000 in settlement of this matter. Said amount to be payable
to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within six (6) months of the issuance of the final adjudication in this matter.
Payments to be made in monthly installments of $165 per month for five months and one
payment of $175. Compliance with the foregoing will result in the closing of this case with
no further action by this Commission. Noncompliance will result in the institution of an
order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Peter Cianci (Cianci), as Councilman for Conshohocken Borough, Montgomery
County is a public official subject to the provisions of Act 9 of 1989 as codified by
Act 93 of 1998.
2. Cianci did not violate §1103(a) of the Ethics Act regarding the approval of zero
interest loans to a local businessman who hired a general contractor to do the work
who in turn hired a subcontractor to perform the painting services and then hired
the business with which Cianci is associated after the original subcontractor was
unable to do the painting.
3. Cianci unintentionally violated §1103(a) of the Ethics Act when he participated in
actions of Borough Council to approve funding to the Center for renovations when
Cianci, 04 -025
Page 23
C &M Painters, the business with which he is associated, was providing
subcontracting services to do painting relative to that renovation project.
4. Cianci did not violate §1103(a) of the Ethics Act as to the award by the Board of
Managers of the Center of a contract to paint its gymnasium in that Cianci as a
Borough Representative on the Board of Managers did not have the authority to
vote on the project.
5. Cianci violated §1105(b)(5) of the Ethics Act in each instance when he failed to
disclose direct or indirect sources of income on his SFIs for the calendar years
2000, 2001 and 2002.
6. Cianci violated §1105(b)(8) and §1105(b)(9) in each instance when he failed to
disclose Mancia Painting a /k/a C &M Painters as to his office or directorship or
employment as well as his financial interest in that legal entity in business for profit
for the SFI calendar years 2000 and 2001.
7. Cianci violated §1105(b)(6) and §1105(b)(7) of the Ethics Act when he failed to
complete the categories for gifts and transportation, lodging and hospitality for the
2001 calendar year SFI.
In Re: Peter Cianci
File Docket: 04 -025
Date Decided: 12/12/05
Date Mailed: 12/23/05
ORDER NO. 1384
1. Peter Cianci (Cianci), as Councilman for Conshohocken Borough, Montgomery
County did not violate §1103(a) of the Ethics Act regarding the approval of zero
interest loans to a local businessman who hired a general contractor to do the work
who in turn hired a subcontractor to perform the painting services and then hired
the business with which Cianci is associated after the original subcontractor was
unable to do the painting.
2. Cianci unintentionally violated §1103(a) of the Ethics Act when he participated in
actions of Borough Council to approve funding to the Center for renovations when
C &M Painters, the business with which he is associated, was providing
subcontracting services to do painting relative to that renovation project.
3. Cianci did not violate §1103(a) of the Ethics Act as to the award by the Board of
Managers of the Center of a contract to paint its gymnasium in that Cianci as a
Borough Representative on the Board of Managers did not have the authority to
vote on the project.
4. Cianci violated §1105(b)(5) of the Ethics Act in each instance when he failed to
disclose direct or indirect sources of income on his SFIs for the calendar years
2000, 2001 and 2002.
5. Cianci violated §1105(b)(8) and §1105(b)(9) in each instance when he failed to
disclose Mancia Painting a /k/a C &M Painters as to his office or directorship or
employment as well as his financial interest in that legal entity in business for profit
for the SFI calendar years 2000 and 2001.
6. Cianci violated §1105(b)(6) and §1105(b)(7) of the Ethics Act when he failed to
complete the categories for gifts and transportation, lodging and hospitality for the
2001 calendar year SFI.
7. Per the Consent Agreement of the parties, Cianci is directed to make payment in
the amount of $1,000 to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission within six (6) months of the issuance of the
final adjudication in this matter. Payments are to be made of $165 per month for
five months and then one payment of $175.
a. Compliance with the foregoing will result in the closing of this case with no
further action by this Commission.
b. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair