HomeMy WebLinkAbout1408 BaldoIn Re: Jill Baldo,
Respondent
File Docket: 05 -055
X -ref: Order No. 1408
Date Decided: 9/11/06
Date Mailed: 9/18/06
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
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 not filed and a hearing was deemed waived. The record is
complete.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by Chapter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.
Baldo, 05 -055
Page 2
I. ALLEGATION:
That Jill Baldo, in her capacity as Director of the Wyoming County Tax Claim
Bureau violated the following provisions of the State Ethics Act (Act 93 of 1998) when she
used the authority of her public position for a private pecuniary gain and when she falsified
county time sheets claiming hours worked and subsequently received compensation for
the hours not worked; and when she failed to file Statements of Financial Interests for the
2001, 2003 and 2004 calendar years.
II. FINDINGS:
1. The Investigative Division of the State Ethics Commission received information
alleging that Jill Baldo violated provisions of the State Ethics Act (Act 93 of 1998).
2. Upon review of the information the Investigative Division initiated a preliminary
inquiry on December 14, 2005.
3. The preliminary inquiry was completed within sixty days.
4. On February 6, 2006, a letter was forwarded to Jill Baldo, by the Investigative
Division of the State Ethics Commission informing her that information against her
was received by the Investigative Division and that a full investigation was being
commenced.
a. Said letter was forwarded by certified mail, no. 7004 2890 0004 1229 2523.
b. The domestic return receipt bore the signature of Nikki Martin, with a
delivery date of February 8, 2006.
5. Periodic notice letters were forwarded to Jill Baldo in accordance with the
provisions of the Ethics Law advising her of the general status of the investigation.
6. The Investigative Complaint was mailed to the Respondent on July 27, 2006.
7 Jill Baldo served as Director of the Wyoming County Tax Claim Bureau from 1998
to November 3, 2005.
a. Baldo was employed with Wyoming County since July 31, 1985.
b. Baldo served as the Deputy Tax Bureau Director from 1985 to 1998.
c. Baldo is supervised by Chief Clerk William Gaylord.
8. As Director of the Wyoming County Tax Claim Bureau, Baldo was responsible for
directing and coordinating work and staff of the Tax Claim Office, assuring that
monies were collected and disbursed according to established policies and
procedures.
a. Additional job duties included:
1. Administers tax claim collections and tax sales for County.
2. Prepares and records Deeds.
3. Assists general public with payment agreements and enforces said
agreement.
Baldo, 05 -055
Page 3
4. Answers questions regarding taxes and related department issues,
either on phone or through written correspondence.
5. Oversees the posting of sale properties throughout the County.
6. Files sale petitions with courts; types and prepares all documents of
sale.
7. Performs searches of properties for tax sale purposes.
9. Baldo in her official capacity as Director of the Tax Claim Bureau, was a salaried
employee based on a 35 hour work week.
a. Baldo's salary in 2005 was $18.41 per hour.
10. The County Tax Claim Bureau is open Monday through Friday from 8:30 a.m. to
4:00 p.m.
a. During Baldo's tenure, the Tax Claim Bureau had two employees; Baldo and
Deputy Director Teresa Gannon.
b. Baldo was Gannon's immediate supervisor.
11. Wyoming County employees including Baldo are subject to provisions of the
County's Personnel Policy.
a. Each employee is provided with the County's Personnel Policy upon
employment.
b. Included in the personnel policy is language on employee lunch breaks.
12. As Director of the Tax Claim Bureau, Baldo received a one half hour unpaid lunch,
as outlined in the Wyoming County Personnel Policy.
a. "Employees in the Courthouse, Courthouse Annex and County Correction
Facility, will have one half hour unpaid lunch."
b. This policy has been in effect since March 1999.
c. A memo was circulated by Chief Clerk Bull Gaylord on May 27, 2004
regarding leave policy and works.
1. The memo confirms that employees work 8:30 to 4:00 p.m. with 1/2
hour unpaid lunch.
2. Baldo is documented as receiving a copy of the memo.
13. As Director of the Tax Claim Bureau, Baldo was required to fill out bi- monthly
timesheets to record hours worked and to document any leave utilized.
a. Baldo filled out, signed and submitted timesheets for her hours throughout
2005.
b. Baldo submitted her timecards to her supervisor, William Gaylord, Chief
Clerk, for approval.
14. Baldo was required to seek authorization from Gaylord and document all instances
Baldo, 05 -055
Page 4
when she used leave.
a. Baldo did not report all instances of absences or leave use prior to their
occurrence.
1. Some leave documents were submitted after leave was used by
Baldo.
15. Baldo's job responsibilities as Director included conducting business outside the
office, which required that she be out of the office throughout the day.
a. Baldo would post properties for tax sale and deliver materials to other county
offices.
b. These requirements did not typically occur on a daily basis.
c. Properties were posted for tax sale during the months of July and August.
d. Baldo was not required to seek authorization from the chief clerk or
document her whereabouts throughout the day.
e. The county commissioners were unaware of the frequency of Baldo being
out of the office.
16. During the time period from 2002 to September 2005, county personnel routinely
observed Baldo arriving late to work, leaving early, and taking extended absences
throughout the day.
a. The chief clerk observed multiple instances of Baldo leaving work, arriving
late or leaving early.
17. Since 2002, numerous complaints against Baldo were made by county personnel to
the chief clerk and county commissioners.
a. Complaints included Baldo taking extended lunches or conducting personal
business on county time.
b. Complaints were made concerning Baldo bringing a sleeping bag into the
office to sleep while she was on the clock.
c. Complaints were made concerning Baldo not showing up for work and not
informing anyone of her absence.
18. The chief clerk and county commissioners verbally counseled Baldo on numerous
occasions between 2002 and 2005.
a. The counseling sessions were not memorialized by the chief clerk or
commissioners.
b. Baldo acknowledged and apologized for her abuse of hours during these
meetings.
c. Baldo admitted to routinely coming in late and leaving work early as well as
taking extended lunch and smoking breaks.
d. County officials did not actively attempt to track the hours allegedly abused
by Baldo.
Date
Hours out of the
Courthouse
Date
Hours out of the
Courthouse
Date
Hours out
of the
Courthouse
1/3/2005
4/1/2005
7
7/4/2005
1/4/2005
2.5
4/4/2005
1
7/5/2005
7
1/5/2005
2
4/5/2005
1.5
7/6/2005
7
1/6/2005
7
4/7/2005
1.25
7/7/2005
7
1/10/2005
1
4/8/2005
7
7/8/2005
7
1/11/2005
1
4/11/2005
0.75
7/11/2005
1/12/2005
2
4/12/2005
1.5
7/12/2005
1/13/2005
1.25
4/13/2005
4.25
7/13/2005
1/14/2005
4/14/2005
1.75
7/14/2005
1/17/2005
0.5
4/18/2005
1.5
7/15/2005
1/19/2005
1
4/19/2005
0.5
7/19/2005
1.25
1/20/2005
7
4/20/2005
7
7/20/2005
1/21/2005
1.25
4/21/2005
7/21/2005
1
1/24/2005
1
4/22/2005
7/22/2005
1
Baldo, 05 -055
Page 5
1. Baldo was not required to pay any type of restitution.
19. Deputy Director of the Tax Claim Bureau, Teresa Gannon, regularly observed
Baldo's abuse of hours for several years predating November 2005.
a. Gannon was employed as Deputy Director under Baldo from 1997 until
Baldo's suspension in November 2005.
b. Gannon expressed her concerns over Baldo's time abuse to other county
officials including the Chief Clerk and Commissioners.
20. From January 1, 2005, until October 3, 2005, Gannon maintained a daily log of
Baldo's absences from the office.
a. Gannon's log included the times Baldo came and left the office, which were
recorded contemporaneously with each action.
b. Gannon's log also includes reasons provided by Baldo for leaving the office.
c. Gannon totaled up the time per day Baldo was not in the office, excluding
the half hour lunch break, on a spreadsheet.
d. Gannon's log did not document hours for which Baldo submitted leave.
21. Baldo informed Gannon of reasons and /or destinations for her absences including
grocery shopping, taking children to medical appointments, chiropractor
appointments, coffee breaks, and other personal errands.
22. On or around September 23, 2005, Gannon turned her daily log of Baldo's activities
over to the county commissioners for their review.
a. As a result of the contents of Gannons daily log, the Commissioners held a
meeting with Baldo on or about September 25, 2005.
23. Gannon's log book documented Baldo's hours out of the courthouse as follows:
Baldo, 05 -055
Page 6
1/25/2005 7
1/26/2005 1.25
1/27/2005 1.5
1/28/2005 2
1/31/2005 1.25
2/1/2005
2/2/2005 1.5
2/4/2005 1
2/7/2005 2.5
2/8/2005 0.75
2/10/2005 1.75
2/11/2005 0.5
2/14/2005 2
2/15/2005 7
2/16/2005 1.5
2/17/2005
2/18/2005
2/21/2005
2/22/2005
2/24/2005 0.75
2/25/2005 1
3/1/2005 2.75
3/2/2005 2.25
3/3/2005
3/4/2005 7
3/7/2005 0.75
3/8/2005 2
3/9/2005 7
3/10/2005 1.75
3/11/2005 7
3/14/2005 2
3/15/2005 0.5
3/16/2005 1.5
3/17/2005
3/18/2005 2.25
3/21/2005 2.5
3/22/2005 2.25
3/23/2005 7
3/25/2005
3/28/2005 7
3/29/2005 2.5
3/30/2005
3/31/2005
4/25/2005 3
4/27/2005 2.25
4/28/2005 0.5
4/29/2005
5/2/2005 0.5
5/3/2005 4.25
5/4/2005 1
5/5/2005 5
5/6/2005
5/9/2005 3.5
5/10/2005 0.5
5/11/2005
5/12/2005
5/13/2005
5/16/2005 4
5/17/2005 7
5/18/2005 7
5/19/2005 7
5/20/2005 7
5/23/2005 7
5/24/2005 7
5/25/2005 7
5/27/2005 2
5/30/2005
5/31/2005 2
6/1/2005 1.75
6/2/2005 1
6/3/2005 7
6/6/2005 2
6/7/2005 1.5
6/8/2005 1.25
6/10/2005 4
6/13/2005 7
6/14/2005 7
6/15/2005 1.75
6/16/2005 1.25
6/17/2005 1.75
6/20/2005 2.25
6/21/2005 1.75
6/22/2005 2.75
6/24/2005 1.5
6/27/2005 1.5
6/28/2005 3.25
6/29/2005
6/30/2005 2
7/26/2005
7/27/2005
7/28/2005
7/29/2005
8/1/2005
8/2/2005
8/3/2005
8/4/2005
8/5/2005
8/8/2005
8/9/2005
8/10/2005
8/11/2005
8/12/2005
8/15/2005
8/16/2005
8/17/2005
8/18/2005
8/19/2005
9/5/2005
9/6/2005
9/7/2005
9/8/2005
9/9/2005
9/12/2005
9/13/2005
9/14/2005
9/15/2005
9/16/2005
9/19/2005
9/20/2005
9/21/2005
9/22/2005
9/23/2005
9/24/2005
9/26/2005
9/27/2005
9/28/2005
9/29/2005
9/30/2005
Total
Hours
1
2
7
7
1
1.25
2
2
2
0.5
2
3
2
372.5
24. During the September 25, 2005 meeting with the three commissioners, solicitor, and
chief clerk Baldo admitted to abusing an unspecified number of hours.
Baldo, 05 -055
Pane 7
25. On September 30, 2005, five days after her meeting with the county commissioners
about the abuse, Baldo obtained a doctor's note and submitted a request for unpaid
medical leave.
a. Baldo used a medical condition as an excuse for abusing work.
b. Baldo requested unpaid medical leave because she had exhausted all
available leave as of September 30, 2005.
c. Baldo was on medical leave from October 3, 2005, to October 21, 2005.
26. On November 3, 2005, Baldo was put on suspension without pay by the county
commissioners pending an investigation by the Wyoming County District Attorney's
Office.
a. Baldo, to date, remains on suspension without pay.
comparison of Baldo's timesheets and Gannon's log confirms Baldo was paid
131.5 hours during 2005 for conducting personal matters while on county time.
Baldo's
TimeCards
Gannon's
LogBook
Leave Taken
Date
Hours
S
V
H
P
F
Overtime
Total
Leave Date
Hours out of
the
Courthouse
Paid
But Not
Entitled
1/3/2005
� �
7
7 1/3/2005
1/4/2005
1/4/2005
2.5
2.5
1/5/2005
1 1/5/2005
2
1
1/6/2005
7 1/6/2005
7
0
1/10/2005
1/10/2005
1
1
1/11/2005
1 /11 /2005
1
1
1/12/2005
1.5
1.5 1/12/2005
2
0.5
1/13/2005
1/13/2005
1.25
1.25
1/14/2005
1/14/2005
1/17/2005
1/17/2005
0.5
0.5
1/19/2005
1/19/2005
1
1
1/20/2005
7 1/20/2005
7
0
1/21/2005
1 /21 /2005
1.25
1.25
1/24/2005
1/24/2005
1
1
1/25/2005
7
7 1/25/2005
7
0
1/26/2005
1/26/2005
1.25
1.25
1/27/2005
1/27/2005
1.5
1.5
1/28/2005
1/28/2005
2
2
1/31/2005
1 /31 /2005
1.25
1.25
2/1/2005
2/1/2005
0
2/2/2005
2/2/2005
1.5
1.5
2/4/2005
2/4/2005
1
1
2/7/2005
1
1 2/7/2005
2.5
1.5
2/8/2005
2/8/2005
0.75
0.75
2/10/2005
2/10/2005
1.75
1.75
2/11/2005
2/11/2005
0.5
0.5
Baldo, 05 -055
Pane 7
25. On September 30, 2005, five days after her meeting with the county commissioners
about the abuse, Baldo obtained a doctor's note and submitted a request for unpaid
medical leave.
a. Baldo used a medical condition as an excuse for abusing work.
b. Baldo requested unpaid medical leave because she had exhausted all
available leave as of September 30, 2005.
c. Baldo was on medical leave from October 3, 2005, to October 21, 2005.
26. On November 3, 2005, Baldo was put on suspension without pay by the county
commissioners pending an investigation by the Wyoming County District Attorney's
Office.
a. Baldo, to date, remains on suspension without pay.
comparison of Baldo's timesheets and Gannon's log confirms Baldo was paid
131.5 hours during 2005 for conducting personal matters while on county time.
Baldo's
TimeCards
Gannon's
LogBook
Baldo, 05 -055
Page 8
2/14/2005
2/15/2005
2/16/2005
2/17/2005
2/18/2005
2/21/2005
2/22/2005
2/24/2005
2/25/2005
3/1/2005
3/2/2005
3/3/2005
3/4/2005
3/7/2005
3/8/2005
3/9/2005
3/10/2005
3/11/2005
3/14/2005
3/15/2005
3/16/2005
3/17/2005
3/18/2005
3/21/2005
3/22/2005
3/23/2005
3/25/2005
3/28/2005
3/29/2005
3/30/2005
3/31/2005
4/1/2005
4/4/2005
4/5/2005
4/7/2005
4/8/2005
4/11/2005
4/12/2005
4/13/2005
4/14/2005
4/18/2005
4/19/2005
4/20/2005
4/21/2005
4/22/2005
4/25/2005
4/27/2005
4/28/2005
4/29/2005
5/2/2005
7
0
7
7
7
0
7
7
7
5
7
5.5
0
7
7
0
7
0
7
7
7
7
7
6
7
0
0
0
7
7
7
1
7
7
7
0
7
7
4
6.5
7
7
0
7
7
7
7
7
7
7
1.5
7
7
7
7
7
7
7
7
7
2
7
1
6
3
0.5
0.5
7
7
2
1.5
7
7
7
1
7
7
7
6
7
3
0.5
7
2/14/2005 2 2
2/15/2005 7 0
2/16/2005 1.5 1.5
2/17/2005
2/18/2005
2/21/2005
2/22/2005
2/24/2005 0.75 0.75
2/25/2005 1 1
3/1/2005 2.75 0.75
3/2/2005 2.25 2.25
3/3/2005
3/4/2005 7 0
3/7/2005 0.75 0.75
3/8/2005 2 2
3/9/2005 7 0
3/10/2005 1.75 1.75
3/11/2005 7 0
3/14/2005 2 2
3/15/2005 0.5 0.5
3/16/2005 1.5 1.5
3/17/2005
3/18/2005 2.25 2.25
3/21/2005 2.5 1.5
3/22/2005 2.25 2.25
3/23/2005 7 0
3/25/2005
3/28/2005 7 0
3/29/2005 2.5 2.5
3/30/2005
3/31/2005 2 2
4/1/2005 7 1
4/4/2005 1 1
4/5/2005 1.5 1.5
4/7/2005 1.25 1.25
4/8/2005 7 0
4/11/2005 0.75 0.75
4/12/2005 1.5 1.5
4/13/2005 4.25 1.25
4/14/2005 1.75 1.25
4/18/2005 1.5 1.5
4/19/2005 0.5 0.5
4/20/2005 7 0
4/21/2005
4/22/2005
4/25/2005 3 3
4/27/2005 2.25 2.25
4/28/2005 0.5 0.5
4/29/2005
5/2/2005 0.5 0.5
Baldo, 05 -055
Page 9
5/3/2005
5/4/2005
5/5/2005
5/6/2005
5/9/2005
5/10/2005
5/11/2005
5/12/2005
5/13/2005
5/16/2005
5/17/2005
5/18/2005
5/19/2005
5/20/2005
5/23/2005
5/24/2005
5/25/2005
5/27/2005
5/30/2005
5/31/2005
6/1/2005
6/2/2005
6/3/2005
6/6/2005
6/7/2005
6/8/2005
6/10/2005
6/13/2005
6/14/2005
6/15/2005
6/16/2005
6/17/2005
6/20/2005
6/21/2005
6/22/2005
6/24/2005
6/27/2005
6/28/2005
6/29/2005
6/30/2005
7/4/2005
7/5/2005
7/6/2005
7/7/2005
7/8/2005
7/11/2005
7/12/2005
7/13/2005
7/14/2005
7/15/2005
7
7
4
7
6.5
7
7
7
7
3.5
0
0
0
0
0
0
0
7
0
6.5
7
7
0
7
7
7
7
0
0
7
7
7
7
7
5
6
7
5
7
7
0
0
0
0
0
7
7
7
7
7
7
0.5
3.5
7
7
7
7
7
7
7
0.5
7
7
2
1
2
7
7
7
7
7
7
3
0.5
0.5
0.5
0.5
0.5
1
1
0.5
0.5
0.5
3
0.5
3.5
7
7
7
7
7
7
7
7
0.5
7
7
7
2
1
2
7
7
7
7
7
5/3/2005
5/4/2005
5/5/2005
5/6/2005
5/9/2005
5/10/2005
5/11/2005
5/12/2005
5/13/2005
5/16/2005
5/17/2005
5/18/2005
5/19/2005
5/20/2005
5/23/2005
5/24/2005
5/25/2005
5/27/2005
5/30/2005
5/31/2005
6/1/2005
6/2/2005
6/3/2005
6/6/2005
6/7/2005
6/8/2005
6/10/2005
6/13/2005
6/14/2005
6/15/2005
6/16/2005
6/17/2005
6/20/2005
6/21/2005
6/22/2005
6/24/2005
6/27/2005
6/28/2005
6/29/2005
6/30/2005
7/4/2005
7/5/2005
7/6/2005
7/7/2005
7/8/2005
7/11/2005
7/12/2005
7/13/2005
7/14/2005
7/15/2005
4.25
1
5
3.5
0.5
4
7
7
7
7
7
7
7
2
2
1.75
1
7
2
1.5
1.25
4
7
7
1.75
1.25
1.75
2.25
1.75
2.75
1.5
1.5
3.25
2
7
7
7
7
4.25
1
2
3
0.5
0.5
0
0
0
0
0
0
0
2
1.5
1.75
1
0
2
1.5
1.25
4
0
0
1.75
1.25
1.75
2.25
1.75
0.75
0.5
1.5
1.25
**
0
0
0
0
Baldo, 05 -055
Page 10
Totals
882
66
114.5
42
49
10
15.5
281
372.5
Total
Hours
131.5
7/19/2005 7
7/20/2005 7
7/21/2005 7
7/22/2005 7
7/26/2005 7
7/27/2005 7
7/28/2005 0
7/29/2005 6.5
8/1/2005 7
8/2/2005 7
8/3/2005 5.5
8/4/2005 0 7
8/5/2005 0
8/8/2005 7
8/9/2005 7
8/10/2005 5.5
8/11/2005 7
8/12/2005 7
8/15/2005 7
8/16/2005 7
8/17/2005 7.5
8/18/2005 6.5 0.5
8/19/2005 7.5
9/5/2005 0
9/6/2005 7
9/7/2005 7
9/8/2005 7
9/9/2005 7
9/12/2005 7
9/13/2005 7
9/14/2005 7
9/15/2005 7
9/16/2005 7
9/19/2005 7
9/20/2005 7
9/21/2005 7
9/22/2005 7
9/23/2005 0
9/24/2005 0
9/26/2005 0
9/27/2005 0
9/28/2005 0
9/29/2005 5
9/30/2005 7
7/19/2005 1.25 1.25
7/20/2005
7/21/2005 1 1
7/22/2005 1 1
7/26/2005 1 1
7/27/2005 1 1
7 7 7/28/2005 7 0
0.5 0.5 7/29/2005
8/1/2005
8/2/2005 1 1
1.5 1.5 8/3/2005 2 0.5
7 8/4/2005 7 0
7 7 8/5/2005 7 0
8/8/2005 1 1
8/9/2005 1 1
1.5 1.5 8/10/2005
8/11/2005
8/12/2005 1.25 1.25
8/15/2005
8/16/2005 2 2
8/17/2005
0.5 8/18/2005 2 1.5
8/19/2005
7 7 9/5/2005
0.5 9/6/2005 1
9/7/2005 3 3
1 9/8/2005
9/9/2005 2 2
0.5 9/12/2005 0.5 *
2.5 9/13/2005 2 *
9/14/2005 3 3
9/15/2005 2 2
0.5 9/16/2005
0.5 9/19/2005 1 *
0.5 9/20/2005 1 *
1 9/21/2005
9/22/2005
7 7 9/23/2005 7 0
2 9/24/2005
9/26/2005
9/27/2005
9/28/2005
2 2 9/29/2005
9/30/2005
DATE
OVERTIME RECEIVED
HOURS OUT OF THE OFFICE
06/30/05
1.0
2.0
09/06/05
.5
1.0
09/12/05
.5
.5
09/13/05
2.5
2.0
09/19/05
.5
1.0
09/20/05
.5
1.0
TOTAL
5.5
7.5
Baldo, 05 -055
Page 11
28. A comparison of Gannon's log and Baldo's timesheets reveals the following dates in
which Baldo sought overtime compensation when she was not in the office the
required seven hours.
a.
b. Baldo was not entitled to overtime pay nor did she receive any for the hours
listed above.
29. Baldo was compensated at a rate of $18.41 /hour in 2005.
30. Baldo realized a private pecuniary gain of $2,420.91 as a result of her actions as
Director of the Wyoming County Tax Claim Bureau in creating and submitting
timesheets for payment for hours when Baldo was not conducting county business.
a. Hours paid but not worked 131.5 hours
Wage per hour in 2005 x $18.41
$2,420.91
31. Records were not maintained prior to 2005 detailing Baldo's abuse of county time.
a. Baldo's practice of abusing county time went beyond hours documented
during 2005.
b. Baldo's time abuse for prior years was handled by was [sic] of verbal
warnings form her supervisor and the commissioners.
c. Gannon maintained a log during 2005 as a result of Baldo's continued time
abuse after numerous verbal warnings.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS CONCERNING
BALDO'S FAILURE TO FILE STATEMENTS OF FINANCIAL INTERESTS.
32. As Director of the Wyoming County Tax Claim Bureau, Baldo was required annually
to file a Statement of Financial Interests form by the May 1 St deadline, containing
information for the prior calendar year.
33. Statements of Financial Interests forms on file with Wyoming County include the
following filings by Baldo:
a. Calendar year: 2001 - no form on file.
b. Calendar year: 2002
Filed: 03/31/03 on SEC Form 01/02
Occupation: Tax Claim Director
Creditors: None.
Direct /Indirect Income: Wyoming County Courthouse, 1 Courthouse Square,
Baldo, 05 -055
Page 12
Tunkhannock, PA 18657
All Other Financial Interests: None.
c. Calendar year: 2003 - no form on file.
d. Calendar year: 2004 - no form on file.
e. Calendar year: 2005
Filed: 5/1/06 on SEC Form 01/06
Occupation: Tax Claim Director
Direct /Indirect Income: Wyoming County Courthouse, PA Dept. of
Unemployment
All Other Financial Interests: None
34. Baldo failed to file a Statement of Financial Interests form with the county for
calendar year 2001 by May 1, 2002.
35. In 2001, the year she failed to file a Statement of Financial Interests, Baldo
received county wages totaling $23,413.99.
36. Baldo failed to file a Statement of Financial Interests form with the county for
calendar year 2003 by May 1, 2004.
37. In 2003, Baldo received county wages totaling $32,305.64.
38. Baldo failed to file a Statement of Financial Interests form with the county for
calendar year 2004 by May 1, 2005.
39. In 2004, Baldo received county wages totaling $33,722.76.
40. Baldo realized a minimum private pecuniary gain of $2,420.91 as a result of hours
compensated for but not worked during 2005.
41. Baldo received compensation totaling $89,442.39 from Wyoming County while not
having Statements of Financial Interests forms on file for the 2001, 2003, and 2004
calendar years.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Jill Baldo (Baldo), has been a
public employee 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 Baldo, as Director of the Wyoming County Tax Claim
Bureau, violated Section 1103(a) of the Ethics Act when she falsified county time sheets
claiming hours worked and subsequently received compensation for the hours not worked;
and violated Section 1104(a) of the Ethics Act when she failed to file Statements of
Financial Interests (SFIs) for the 2001, 2003 and 2004 calendar years.
Pursuant to Section 1103(a) of the Ethics Act quoted above, 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:
Baldo, 05 -055
Page 13
Section 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. "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 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 1104. Statement of financial interests required to be filed
(a) Each public official of the Commonwealth shall
file a statement of financial interests for the
preceding calendar year with the commission no
later than May 1 of each year that he holds such
a position and of the year after he leaves such a
position. Each public employee and public
official of the Commonwealth shall file a
statement of financial interests for the preceding
calendar year with the department, agency, body
or bureau in which he is employed or to which he
is appointed or elected no later than May 1 of
each year that he holds such a position and of
the year after he leaves such a position. Any
other public employee or public official shall file
a statement of financial interests with the
governing authority of the political subdivision by
which he is employed or within which he is
appointed or elected no later than May 1 of each
year that he holds such a position and of the
year after he leaves such a position. Persons
who are full -time or part -time solicitors for
political subdivisions are required to file under
this section.
65 Pa.C.S. §1104(a).
Section 1104(a) of the Ethics Act quoted above requires that each public
official /public employee must file a Statement of Financial Interests for the preceding
calendar year, each year that he holds the position and the year after he leaves it.
Baldo, 05 -055
Page 14
facts.
Having noted the issues and applicable law, we shall now summarize the relevant
Baldo served as the Deputy Tax Bureau Director for the Wyoming County Tax Claim
Bureau from 1985 to 1998 and as the Director from 1998 until November 2005. Theresa
Gannon served as Baldo's Deputy Director. As Director, Baldo had duties and
responsibilities for directing and coordinating the work and staff of the tax claim office so
that the tax monies were collected and disbursed according to established policies and
procedures. As a salaried employee, Baldo had a 35 hour work week at a pay rate of
$18.41 per hour. The County Tax Claim Bureau was open Monday through Friday from
8:30 a.m. to 4:00 p.m.
Since Wyoming County employees like Baldo are subject to the County's personnel
policy, Baldo, as Tax Claim Bureau Director, was entitled to a one -half hour unpaid daily
lunch period. Baldo was required to fill out bi- monthly time sheets to record her hours
worked and to document any used leave. Any such leave by Baldo had to be submitted to
William Gaylord, the Chief Clerk of the County for approval. Baldo did not report all
instances of absences or leave use prior to its occurrence; in some instances, Baldo
submitted leave after she had used the time. Baldo's job duties included conducting some
business outside the office, such as posting properties for tax sale or delivering materials
to other county offices. However, such duties did not typically occur on a daily basis.
Furthermore, such out of the office functions required Baldo to seek authorization from the
Chief Clerk or document her whereabouts throughout the day.
From 2002 to September 2005, numerous complaints were made by County
personnel who routinely observed Baldo arriving late to work, leaving early and taking
extended absences throughout the day. Such out of the office activities by Baldo included
taking extended lunches, conducting personal business on County time, bringing a
sleeping bag into her office and not showing up for work without informing anyone of her
absence. The Chief Clerk and County Commissioners verbally counseled Baldo on
numerous occasions between 2002 and 2005.
Deputy Director Gannon, who personally observed Baldo's time abuse, began
maintaining a daily log of Baldo's absences from the office for the period from January 1,
2005 until October 3, 2005. Gannon's log reflected the times that Baldo came and left the
office with any proffered reason provided by Baldo. Gannon did not include in her log any
submitted leave or the half hour lunch breaks to which Baldo was entitled. Gannon's log,
which is detailed in Fact Finding 23, was turned over to the County Commissioners for a
review in the latter part of September 2005.
In a September 25, 2005 meeting among the three County Commissioners, Solicitor
and Baldo, she admitted to abusing her work hours. Thereafter, Baldo obtained a doctor's
note and submitted a request for unpaid medical leave. Baldo was on medical leave from
October 3, 2005 to October 21, 2005. On November 3, 2005, Baldo was placed on
suspension without pay by the County Commissioners pending an investigation by the
Wyoming County District Attorney's Office. Baldo, to date, remains on suspension without
pay.
For the time period when Gannon made a log of Baldo's absences from the office, a
comparison was made between Gannon's log and Baldo's time sheets. See, Fact Finding
27. In addition, there were instances where Baldo claimed and received overtime pay for
times that she was not in the office. See, Fact Finding 28. For the relevant time period,
Baldo realized a private gain of $2,420.91, computed based upon 131.5 hours multiplied
by her hourly pay rate of $18.41. Baldo's receipt of compensation for hours that she was
not in the office exceeded the above amount. However, records were not maintained prior
to 2005 to detail and substantiate Baldo's abuse of County time.
Baldo, 05 -055
Page 15
The Findings reflect that although Baldo was annually required to file SFIs as the
Director of the Wyoming County Tax Claim Bureau, she failed to do so for the calendar
years 2001, 2003 and 2004. See, Fact Findings 32, 34, 36, 38.
The Investigative Division has filed a Position Statement wherein it argues as
follows: the averments of the Investigative Complaint are deemed admitted due to
Baldo's failure to file an Answer; Baldo is a public employee based upon her position and
job duties /responsibilities; the receipt of compensation by Baldo for hours not worked is
documented by the facts of record; no SFIs were filed by Baldo for the calendar years
2001, 2003 and 2004; Section 1103(a) of the Ethics Act was violated when Baldo falsified
county time sheets and claimed hours that she did not work; Section 1104(a) of the Ethics
Act was violated when Baldo failed to file SFIs for the calendar years 2001, 2003 and
2004; a private pecuniary benefit of $2,420.91 was received by Baldo; and a payback of
the $2,420.91 plus interest is sought by the Investigative Division.
Baldo has filed a Position Statement wherein she agreed with the findings, waived a
hearing and accepted the recommendation of the Investigative Division as to the financial
gain received for hours not worked and the failure to file SFIs.
In applying Section 1103(a) of the Ethics Act to the first allegation, there were uses
of authority of office on the part of Baldo. Given that Baldo was the Director of the
Wyoming County Tax Claim Bureau, she was able to leave the office on numerous
occasions to engage in personal activities. Further, as Bureau Director, Baldo made the
conscious decisions not to submit leave to the Chief Clerk or give notice as to her out of
office activities during her normal work hours. Lastly, Baldo by virtue of her position
accepted pay that included hours that she was not in the office. All such actions were
uses of authority of office. See, Juliante, Order 809.
Such uses of authority of office on the part of Baldo resulted in pecuniary benefits to
herself consisting of the excess compensation that she received. Such compensation
constituted private pecuniary benefits in that there is no authorization in law for a County
employee to be paid for hours that she did not work. Lastly, the private pecuniary benefits
inured to Baldo herself. Accordingly, Baldo as the Wyoming County Tax Claim Bureau
Director, violated Section 1103(a) of the Ethics Act when she falsified County time sheets
claiming hours worked and subsequently received compensation for those hours. See,
Williams, Order 734 -R; Fiorello, Order 1363.
The record establishes that Baldo, as the Wyoming County Tax Claim Bureau
Director, was required but failed to file SFIs for the calendar years 2001, 2003 and 2004.
See, Fact Findings 32, 34, 36, 38. Accordingly, Baldo violated Section 1104(a) of the
Ethics Act in each instance when she failed to file SFIs for the calendar years 2001, 2003
and 2004.
If Baldo has not already done so, she is directed within thirty days of the date of
issuance of this Order to file SFIs for the calendar years 2001, 2003 and 2004 with the
County with copies forwarded to this Commission for compliance verification purposes.
Failure to comply will result in the institution of an order enforcement action.
Section 1107(13) of the Ethics Act empowers this Commission to impose restitution
in instances where a public official /public employee has obtained a financial gain in
violation of the Ethics Act. Restitution is warranted in this case. Accordingly, Baldo is
directed within 30 days of the date of mailing of this Order to make payment to the
Commonwealth through this Commission in the amount of $2,420.91. Non - compliance will
result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
Baldo, 05 -055
Page 16
1. Jill Baldo, as Director of the Wyoming County Tax Claim Bureau, is a public
employee subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998.
2. Baldo, as the Wyoming County Tax Claim Bureau Director, violated Section
1103(a) of the Ethics Act when she falsified County time sheets claiming hours
worked and subsequently received compensation for those hours.
3. Baldo violated Section 1104(a) of the Ethics Act in each instance when she failed to
file SFIs for the calendar years 2001, 2003 and 2004.
In Re: Jill Baldo,
Respondent
ORDER NO. 1408
File Docket: 05 -055
Date Decided: 9/11/06
Date Mailed: 9/18/06
1 Jill Baldo, as Director of the Wyoming County Tax Claim Bureau, violated Section
1103(a) of the Ethics Act when she falsified County time sheets claiming hours
worked and subsequently received compensation for those hours.
2. Baldo violated Section 1104(a) of the Ethics Act in each instance when she failed to
file SFIs for the calendar years 2001, 2003 and 2004.
3. Baldo is directed within 30 days of the date of mailing of this Order to make
payment to the Commonwealth through this Commission in the amount of
$2,420.91.
4. If Baldo has not already done so, she is directed within thirty days of the date of
issuance of this Order to file SFIs for the calendar years 2001, 2003 and 2004 with
the County with copies forwarded to this Commission for compliance verification
purposes.
5. Failure to comply with paragraphs 3 and 4 will result in the institution of an order
enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair