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HomeMy WebLinkAbout1428 ZIMMERLINKIn Re: Angela Zimmerlink, Respondent File Docket: 06 -006 X -ref: Order No. 1428 Date Decided: 2/7/07 Date Mailed: 2/9/07 Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair 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 ( "Ethics Act "), 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 allegations. 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 requested by the Investigative Division. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were subsequently submitted by the parties to the Commission for consideration. The Stipulation of Findings is quoted as the Findings in this Order. The Consent Agreement has been approved. This adjudication of the State Ethics Commission is issued under the Ethics Act 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 the Ethics Act. Any person who violates such confidentiality commits a misdemeanor and, upon conviction, may be 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. Zimmerlink, 06 -006 Page 2 I. ALLEGATION: That Angela Zimmerlink, a public official /public employee, in her capacity as a Member and Chairwoman of the Fayette County Housing Authority (FCHA) and as a Fayette County Commissioner, violated provisions of the State Ethics Act (Act 93 of 1998) 65 Pa.C.S. § §1103(a) and 1104(a); when she used the authority of her office for the private pecuniary gain of a member of her immediate family when she participated in actions of the board, including but not limited to approving payments to her father who is a Section 8 Program landlord; when she as a member of the authority she [sic] participated in approving payments to her father; and when she failed to file a Statement of Financial Interests for the 1999 calendar year by May 1, 2000. II. FINDINGS: 1. Angela Zimmerlink has served as a Member of the Board of Directors of the Fayette County Housing Authority (FCHA), Pennsylvania, since January 1998. a. Zimmerlink has been Board Chair since January 2004 and was Assistant Treasurer from 1998 through 2003. b. Zimmerlink does not receive any compensation for serving on the Board. 2. Angela Zimmerlink was elected Fayette County Commissioner in November 2003 and took office in January 2004. 3. The Fayette County Commissioners established the FCHA on December 7, 1939, under the Housing Authorities Act of 1937, as a separate, independent authority. 4. The FCHA Board consists of five Members, appointed by the Fayette County Commissioners, who serve five -year staggered terms. 5. The By -Laws of the FCHA were mostly recently amended on December 8, 2000, that [sic] included Articles I through IV. a. Article I names the Authority, which is the Fayette County Housing Authority. b. Article II identifies the Officers that include Chairperson, Vice - Chairperson, Treasurer, Assistant Treasurer and Secretary. 1. All officers are elected by the Board Members of the Authority at the Annual Authority Meeting. c. Article III provides for the Meetings, which are Annual, Regular, and Special. d. Article IV is for the Amendments. 6. The order of business at the Regular Meetings for the FCHA includes the approval of minutes of the previous meeting and the approval of certain voucher lists as mailed prior to the meeting. a. Votes are recorded as "Ayes" and "Nays." 1. All abstentions are to be recorded, however, on some occasions voucher list[s] for the different programs were purported to be separated out for voting purposes, to which abstentions were made. 7 The housing programs of the FCHA include the United States Department of Zimmerlink, 06 -006 Page 3 Housing and Urban Development (HUD) funded Section 8 Program. 8. The FCHA is charged with the responsibility to administer the Section 8 Housing Program in compliance with HUD Regulations, 24th Code of Federal Regulations, Part 982. a. The purpose of the Section 8 Program is to provide rental assistance to eligible low- income families. b. The Section 8 program is a three -way partnership between the public housing authority, the tenant and landlord. c. FCHA neglected to contact HUD, and neglected to obtain a legal opinion and /or record same within the Minutes of the Authority regarding Section 8 contracts with immediate family member(s) of, specifically, a Board Member, other than Zimmerlink. 9. Landlords interested in renting property to Section 8 tenants can have their name put on a list at the offices of the FCHA by completing a landlord application. 10. Angela Zimmerlink is the daughter of Robert M. Keill — however Zimmerlink and her father have been estranged for a number of years. 11. On or around August 15, 2002, the FCHA Section 8 Staff established a Landlord Application for Robert M. Keill, who was eventually assigned Landlord # 00746. 12. On August 15, 2002, Edith M. Porterfield submitted an application to the FCHA Section 8 Department for a Request for Tenancy Approval, for a property owned by Robert M. Keill. The proposed rent was $400.00 per month, and the property was identified as 142 Freeman Lane, Connellsville, PA 15425. 13. On August 28, 2002, FCHA Section 8 Management Aide Mary David approved the Request for Tenancy between Porterfield and Keill, based upon Keill accepting a reduced rent in the amount of $388.00 per month. a. Keill and Porterfield signed a Decreased Contract Rent Agreement on August 29, 2002, in the amount of $388.00, for the property at 142 Freeman Lane, Connellsville, PA 15425. 14. On September 10, 2002, a Housing Assistance Payments (HAP) Contract # V0052- 0314-08 was made between the FCHA and Robert M. Keill, for the property at 142 Freeman Lane, Connellsville, PA 15425. a. The lease terms of the contract were from 10/01/02 to 09/30/03, and the Housing Assistance Payments that were to be made by the FCHA to Keill were $319.00 per month. b. The HAP Contract was signed by Robert Keill and Janice Hunyady, Section 8 Coordinator for the FCHA, on September 10, 2002. 15. The HAP Contract signed by Keill, on HUD Form 5261 included a section pertaining to Conflicts of Interest in which any present Officers or Employees of the Public Housing Authorities including immediate family members were prohibited from having any direct or indirect interest in a HAP Contract. a. Immediate family member was defined as spouse, parent (including a stepparent), child (including a stepchild), grandparent, grandchild, sister or Zimmerlink, 06 -006 Page 4 brother (including a stepsister or stepbrother). 16. Robert Keill signed a Landlord Certification on August 15, 2002, certifying that the following classes of persons do not have any direct or indirect interest in a HAP Contract: a. Any present or former member or officer of the Housing Authority (HA) (Except a participant HA Member). b. Any employee of the HA, or any contractor, subcontractor or agent of the HA, who formulates policy or who influences decisions with respect to the programs. c. Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs. 17. Angela Zimmerlink was a FCHA Board Member on August 15, 2002, when Keill signed the Landlord Certification and HAP Contract; however Zimmerlink had no knowledge in 2002 that her estranged father had applied to be a Section 8 landlord. 18. Housing Assistance Payments made to Robert Keill by the FCHA were done byway of Direct Deposit to an account Keill had at National City Bank. a. Angela Zimmerlink is not an owner nor does she have signature authority for this account. 19. Keill received monthly payments from the FCHA for being a Section 8 Landlord from October 2002 through August 2005. a. The payment checks were processed through the FCHA Finance Department based upon information provided by the Section 8 Department under the direction of the Executive Director. 20. From July 2003 through May 2005 Zimmerlink participated in actions as a Board Member with the FCHA in approving the Section 8 Voucher Payments to Landlords, which listed payments already made to Zimmerlink's estranged father, Robert Keill. 21. From July 2003 through May 2005 Zimmerlink voted to approve the voucher payments lists to Section 8 Landlords 18 times, which included payments already made to her father Robert Keill, totaling $7,681.00. a. Zimmerlink did not personally benefit from any payments made to Robert Keill. 22. As part of being a Section 8 tenant, Edith Porterfield was required to go through an annual re- certification interview with the FCHA Section 8 Staff. a. The re- certification interview is conducted to determine if any changes had occurred in regard to the tenant's income or if the number of people living at the Section 8 property had changed. 23. On June 20, 2003, Edith Porterfield had a re- certification interview with FCHA Section 8 Management Aide, Nancy Benevent. At this interview Edith Porterfield informed Benevent that Zimmerlink was the daughter of Porterfield's landlord, Robert Keill. 24. Porterfield was not aware that Zimmerlink was a FCHA Board Member until the day a. Zimmerlink, 06 -006 Page 5 of the re- certification interview. a. Porterfield became aware of this fact when she observed Zimmerlink's name listed on FCHA documentation. 25. Keill had no knowledge that Zimmerlink was a FCHA Board Member until being advised by Porterfield, in light of the fact that Keill and Zimmerlink had no contact for a number of years. 26. On or around June 20, 2003, Zimmerlink was contacted by Lora Beth DiDominic, Director of Admissions and Assisted Housing for the FCHA, who was inquiring as to the relationship, if any, between Zimmerlink and Keill. DiDominic later informed Zimmerlink that Keill was a Section 8 Landlord. 27. At the FCHA Board Meeting for July 2, 2003, Zimmerlink publicly disclosed that she had just been made aware of the fact that her estranged father was a Section 8 Landlord. Zimmerlink's comments were reflected in the official Minutes for the FCHA Board Meeting. a. Zimmerlink suggested abstaining from voting on matters with respect to the Section 8 program at the July 2, 2003, public meeting and thereafter again at non - meetings, to which the solicitor for the FCHA opined that it was not necessary to abstain, because Zimmerlink had no direct or indirect interest in the HAP contract. b. It was further opined by the FCHA solicitor that there was no violation of any applicable laws, regulations or rules, in that the FCHA Board voted on voucher lists which approved payments which had already been paid, in accordance with the HAP contract. c. On occasion Zimmerlink would separate out the Motion for the voucher lists, for the purpose of abstaining on the Section 8 voucher list. Zimmerlink was again told that this practice was not necessary or required. d. Zimmerlink relied on the legal opinion of the FCHA solicitor. 28. Zimmerlink made the following signed statement on February 18, 2004, regarding her father being a Section 8 Landlord: 1, Angela M. Zimmerlink, Chairperson of the Fayette County Housing Authority, do hereby certify that I do not reside with my father, Robert Keill, nor do I receive any support from him as Section 8 Landlord for Edith Porterfield who resides at 142 Freeman Lane, Connellsville, PA. 29. Zimmerlink did not abstain on any matters related to Section 8 issues until the FCHA Board Meeting of June 9, 2005, which is when HUD rendered its final determination. 30. Zimmerlink participated in actions as a Board Member in approving the Section 8 Management Assessment Program (SEMAP) at a time when Zimmerlink's father was a Section 8 Landlord. a. Board Meeting Resolution Zimmerlink's Vote Date Number Approving SEMAP 08/21/02 2002 -08 -01 Yes 08/14/03 2003 -08 -04 Yes 08/12/04 2004 -08 -01 Yes Zimmerlink, 06 -006 Page 6 08/11/05 2005 -08 -01 Abstained 31. On July 8, 2004, the FCHA revised the Section 8 Administrative Plan for the Section 8 Housing Program. a. The purpose of the Section 8 Administrative Plan was to establish policies for carrying out the programs consistent with HUD Requirements and local goals and objectives contained in the Fayette County Housing Authority's Agency Plan. 32. Zimmerlink participated in actions as a Board Member at a meeting on July 8, 2004, in approving the Section 8 Administrative Plan, at a time when her father was a Section 8 landlord. 33. On April 8, 2005, James Cassidy, Director for the Office of Public Housing with the Pittsburgh HUD Office, addressed conflict of interest issues for Board Members and Staff of the FCHA. a. It was determined by Cassidy, based on HUD Conflict of Interest Regulations that Zimmerlink's father, Robert Keill, could not participate as a Section 8 Landlord as long as Zimmerlink occupied a position on the FCHA Board or as a public official. b. FCHA did not make a compelling case for a waiver of HUD's conflict of interest regulations, nor did FCHA submit a procedure it would implement to avoid direct or indirect influence of Zimmerlink, if a waiver were approved by HUD. 34. Zimmerlink's father, Robert Keill was removed as a Section 8 landlord effective September 1, 2005. a. Edith Porterfield moved from Keill's unit on September 1, 2005. b. Porterfield had been given 120 days to find new housing after HUD notified the FCHA of the conflict of interest. 35. During the 120 day period, FCHA utilized non - federal funds to supplement Porterfield's rent. a. Federal (HUD) funds were reimbursed by FCHA's state housing account from HAP Payments that had been made to Zimmerlink's father, Robert Keill totaling $1352.00 for the period from May 1, 2005 through August 31, 2005. 1. FCHA receives funding from the Commonwealth of Pennsylvania, in addition to HUD funding. 2. No Board action was taken on this matter as it was handled by the FCHA staff. 3. The funds were reimbursed based on the 120 day time period that had been given to Porterfield to find new housing. 36. FCHA Solicitor John Purcell, provided a legal opinion on February 25, 2005, regarding potential conflict of interest matters for FCHA staff and board members. a. Purcell advised Zimmerlink that even though in his opinion there was no violation of applicable state law, in the exercise of extreme caution, I would Zimmerlink, 06 -006 Page 7 recommend that Mrs. Zimmerlink abstain from voting on any Section 8 issues that may have a pecuniary impact on Section 8 landlords." b. Purcell recommended Zimmerlink to abstain from voting on any Section 8 issues that may have a pecuniary impact on Section 8 landlords. 37. During a statement provided to a Commission Investigator on November 27, 2006, Zimmerlink provided the following information: a. Zimmerlink had a fiduciary responsibility with the FCHA. b. Zimmerlink had no financial interest in any property owned by Robert Keill, which included the property at 142 Freeman Lane, Connellsville, PA 15425. c. Zimmerlink did not become aware that Robert Keill was a Section 8 Landlord until being advised by the FCHA Staff in June 2003. d. Zimmerlink was advised by FCHA Solicitor John Purcell that she did not have to abstain on matters related to the Section 8 Program. 1. The legal opinion and advice offered by the FCHA solicitor /law firm, were retained by FCHA provide [sic] legal opinions /advice since at least 1988. e. HUD and the FCHA took no action when former FCHA Board Member Reverend Howard Dantzler's sister was a Section 8 Landlord. 38. Zimmerlink's father, Robert Keill, realized a financial gain of approximately $7,214.00 from Housing Assistance Payments (HAP) received as a Section 8 landlord that where [sic] administered by the Fayette County Housing Authority, at a time when Zimmerlink was a Fayette County Housing Authority Board Member, a portion of which time, Zimmerlink had no knowledge that her estranged father was a Section 8 Landlord. Years 2002 -2003 2003 -2004 2004 -2005 Total HAP 3,828.00 $4,020.00 $1, 000.00* $10,214.00 Taxes & Insurance & Expenses on the Property Profit $1,000.00 $328.00 $1,000.00 $3,020.00 $1, 000.00 $1, 366.00 $3,000.00 $7,214.00 * [sic] [This appears to be a typographical error, given the other figures and calculations in Finding 38.] III. DISCUSSION: At all times relevant to this matter, Respondent Angela Zimmerlink (hereinafter also referred to as Respondent, Respondent Zimmerlink or Zimmerlink) has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. The allegations are that Zimmerlink, a public official in her capacities as a Member and Chairwoman of the Fayette County Housing Authority (FCHA) and as a Fayette County Commissioner, violated Sections 1103(a) and 1104(a) of the Ethics Act when she used the authority of her office for the private pecuniary gain of a member of her immediate Zimmerlink, 06 -006 Page 8 family when she participated in actions of the FCHA Board, including but not limited to approving payments to her father who was a Section 8 Program landlord, and when she failed to file a Statement of Financial Interests for the 1999 calendar year by May 1, 2000. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted Activities (a) Conflict of interest. —No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 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(a) of the Ethics Act provides 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. 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. Respondent Zimmerlink is both a Fayette County Commissioner and a Member of the FCHA Board of Directors ( "FCHA Board "). Zimmerlink has served as a Fayette County Commissioner since January 2004. Zimmerlink has served as a Member of the FCHA Board since January 1998. Zimmerlink served as Assistant Treasurer of the FCHA Board from 1998 through 2003. Zimmerlink has served as FCHA Board Chair since January 2004. Zimmerlink does not receive any compensation for serving on the FCHA Board. Zimmerlink, 06 -006 Page 9 The housing programs of the FCHA include the United States Department of Housing and Urban Development (HUD) funded Section 8 Program. The FCHA is responsible for administering the Section 8 Housing Program in compliance with federal regulations. Zimmerlink's father is Robert M. Keill ( "Keill "). Zimmerlink and Keill have been estranged for a number of years. In August- September, 2002, without any knowledge or involvement on the part of Zimmerlink, Keill submitted a Landlord Application to the FCHA and became a Section 8 landlord renting a property to an individual named Edith M. Porterfield ( "Porterfield "). The Housing Assistance Payments (HAP) Contract executed by Keill and a FCHA staff member relative to Porterfield's rental of the property indicated that any present officers or employees of the Public Housing Authorities including immediate family members were prohibited from having any direct or indirect interest in a HAP Contract. The term "immediate family member" was defined to include a parent or child. Keill signed a Landlord Certification certifying, inter alia, that no member or officer of the FCHA had any direct or indirect interest in the HAP Contract. At the time Keill signed the certification, he had no knowledge that Zimmerlink was a FCHA Board Member. Likewise, Zimmerlink had no knowledge in 2002 that her estranged father had applied to be a Section 8 landlord. As a Section 8 landlord, Keill received monthly payments from the FCHA. The payment checks were processed through the FCHA Finance Department and were directly deposited into Keill's bank account. Zimmerlink was not an owner and did not have signature authority for the account. On June 20, 2003, the family relationship between Zimmerlink and Porterfield's landlord came to the attention of FCHA staff during a re- certification interview with Porterfield. Porterfield observed Zimmerlink's name on FCHA documentation and informed a FCHA Section 8 Management Aide that Zimmerlink was the daughter of Keill. Porterfield had not previously been aware that Zimmerlink was a FCHA Board Member. On or around June 20, 2003, Zimmerlink was contacted by Lora Beth DiDominic, Director of Admissions and Assisted Housing for the FCHA, who inquired as to the relationship, if any, between Zimmerlink and Keill. DiDominic later informed Zimmerlink that Keill was a Section 8 Landlord. At the FCHA Board Meeting on July 2, 2003, Zimmerlink publicly disclosed that she had just been made aware of the fact that her estranged father was a Section 8 Landlord. Zimmerlink's comments were reflected in the official Minutes of the FCHA Board Meeting. Although Zimmerlink suggested abstaining from voting on matters with respect to the Section 8 program, the solicitor for the FCHA opined that it was not necessary to abstain, because Zimmerlink had no direct or indirect interest in the HAP contract. It was further opined by the FCHA solicitor that there was no violation of any applicable laws, regulations or rules, in that the FCHA Board voted on voucher lists approving payments that had already been tendered in accordance with the HAP contract. From July 2003 through May 2005, Zimmerlink voted to approve voucher payment lists to Section 8 Landlords, which lists included payments that had already been made to her estranged father, Keill, in the total amount of $7,681. Zimmerlink did not personally benefit from any payments made to Keill. On occasion, Zimmerlink would separate out the Motion for the voucher lists for the purpose of abstaining as to the Section 8 voucher list. Zimmerlink was again told that this practice was not necessary or required. Zimmerlink relied upon the legal opinion of the FCHA solicitor. Zimmerlink, 06 -006 Page 10 On February 18, 2004, Zimmerlink made a signed statement regarding her father being a Section 8 Landlord. See, Fact Finding 28. In addition to voting to approve voucher lists, Zimmerlink also participated in other matters pertaining to the Section 8 Program. At FCHA Board meetings in August 2002, August 2003, and August 2004, Zimmerlink participated in actions as a FCHA Board Member in approving the Section 8 Management Assessment Program (SEMAP) at a time when her father was a Section 8 landlord. Zimmerlink abstained from such action at the FCHA Board meeting in August 2005. In July 2004 the FCHA revised the Section 8 Administrative Plan for the Section 8 Housing Program. At the July 8, 2004, FCHA Board meeting, Zimmerlink participated as a FCHA Board Member in approving the Section 8 Administrative Plan. At that time, Zimmerlink's father was a Section 8 landlord. On February 25, 2005, FCHA Solicitor John Purcell advised Zimmerlink that even though in his opinion there was no violation of applicable state law, he recommended that Zimmerlink abstain from voting on any Section 8 issues that might have a pecuniary impact on Section 8 landlords. Subsequently in 2005 it was determined by HUD staff that Zimmerlink's father, Keill, could not participate as a Section 8 landlord as long as Zimmerlink occupied a position on the FCHA Board or as a public official. Porterfield was given 120 days to find new housing after HUD notified the FCHA of the conflict of interest. The FCHA utilized non - federal funds to reimburse HUD funds and to supplement Porterfield's rent during the 120 -day period. There is no indication in the Fact Findings of any involvement by Zimmerlink as to these actions. Keill was removed as a Section 8 landlord effective September 1, 2005, when Porterfield moved from Keill's unit. During a statement provided to a Commission Investigator on November 27, 2006, Zimmerlink indicated that she had no financial interest in any property owned by Keill and that she did not become aware that Keill was a Section 8 Landlord until being advised by the FCHA Staff in June 2003. Zimmerlink also indicated that HUD and the FCHA took no action when former FCHA Board Member Reverend Howard Dantzler's sister was a Section 8 landlord. The parties have stipulated that Keill, as a Section 8 landlord, realized a financial gain of approximately $7,214 from Housing Assistance Payments (HAP) administered by the FCHA at a time when Zimmerlink was a FCHA Board Member, and that for a portion of such time, Zimmerlink had no knowledge that her estranged father was a Section 8 landlord. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegation as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That an unintentional /technical violation of Section 1103(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1103(a) occurred in relation to Zimmerlink's approving Voucher Lists, which confirmed payments previously processed to her father, an Zimmerlink, 06 -006 Page 11 immediate family member, who was a Section 8 Program landlord. In approving the Voucher Lists, Zimmerlink relied on the legal opinion of the FCHA solicitor; the uncontested actions of former Board Member(s); the actions of the FCHA law firm; other FCHA employees Section 8 contracts; and the apparent acceptance of said actions under the management and direction of the FCHA Executive Director. b. That no violation of Section 1104(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1104(a) occurred in regard to Zimmerlink's apparent failure to file a Statement of Financial Interests for the 1999 calendar year by May 1, 2000. Zimmerlink's 1999 calendar year Statement of Financial Interests form was unable to be located at FCHA, however, under 65 Pa.C.S. §1107(9) and §1108(m), more than five (5) years had passed since Zimmerlink would have been required to file; and as such, even if the allegation could be proved, the statute of limitations has passed. Nonetheless, Zimmerlink has provided a copy of what appears to be a timely filed 1999 calendar year Statement of Financial Interest form to the Ethics Commission in response to the investigation of this matter. 4. Despite the fact that an unintentional /technical violation of the Ethics Acts [sic] has occurred, Zimmerlink agrees to make payment in the amount of $250.00 to resolve this matter payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter, and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further; Zimmerlink does not waive rights to pursue recourse under the Wrongful Use of Act. 6. Zimmerlink agrees to waive her rights to an evidentiary hearing and appellate rights without prejudice to so proceed in the event that the State Ethics Commission does not accept this agreement. Consent Agreement, at 2. In considering the Consent Agreement, we accept the parties' recommendation hat an unintentional /technical violation of Section 1103(a) of the Ethics Act occurred in relation to Zimmerlink's approving voucher lists, which confirmed payments previously processed to Zimmerlink's father, an immediate family member, as a Section 8 Program landlord. The elements for a violation of Section 1103(a) of the Ethics Act have been established. Specifically, Zimmerlink used the authority of her public office as a FCHA Board Member when she participated in official action of the FCHA Board to approve the voucher lists that included payments to Zimmerlink's father. There was a resulting private pecuniary benefit Zimmerlink, 06 -006 Page 12 consisting of approximately $7,214 in payments to Zimmerlink's father as a Section 8 landlord. However, under the unique factual circumstances of this case, where Zimmerlink and her father had been estranged for a number of years before the father became a Section 8 Program landlord, where Zimmerlink did not know that her father had become a Section 8 Program landlord until after - the -fact, and where Zimmerlink relied, inter alia, on the legal opinion of the FCHA solicitor and the uncontested actions of former FCHA Board Member(s), we find an unintentional /technical violation of Section 1103(a). We find that no violation of Section 1104(a) of the Ethics Act occurred in regard to Zimmerlink's apparent failure to file a Statement of Financial Interests for the 1999 calendar year by May 1, 2000. Any such alleged violation would be barred by the statute of limitations. 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, Zimmerlink is directed to make payment in the amount of $250 in settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 ") day after the mailing date of this Order. 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. Respondent Angela Zimmerlink ( "Zimmerlink "), as a Member and Chairwoman of the Fayette County Housing Authority (FCHA) and as a Fayette County Commissioner, has at all times relevant to this matter been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. An unintentional /technical violation of Section 1103(a) of the Ethics Act occurred in relation to Zimmerlink's approving voucher lists, which confirmed payments previously processed to Zimmerlink's father, an immediate family member, as a Section 8 Program landlord. 3. No violation of Section 1104(a) of the Ethics Act occurred in regard to Zimmerlink's apparent failure to file a Statement of Financial Interests for the 1999 calendar year by May 1, 2000, based upon the fact that any such alleged violation would be barred by the statute of limitations. In Re: Angela Zimmerlink, Respondent ORDER NO. 1428 File Docket: 06 -006 Date Decided: 2/7/07 Date Mailed: 2/9/07 1 Respondent Angela Zimmerlink ( "Zimmerlink "), a public official in her capacities as a Member and Chairwoman of the Fayette County Housing Authority (FCHA) and as a Fayette County Commissioner, committed an unintentional /technical violation of Section 1103(a) of the Ethics Act in relation to approving voucher lists, which confirmed payments previously processed to Zimmerlink's father, an immediate family member, as a Section 8 Program landlord. 2. No violation of Section 1104(a) of the Ethics Act occurred in regard to Zimmerlink's apparent failure to file a Statement of Financial Interests for the 1999 calendar year by May 1, 2000, based upon the fact that any such alleged violation would be barred by the statute of limitations. 3. Per the Consent Agreement of the parties, Zimmerlink is directed to make payment in the amount of $250 in settlement of this matter, payable to the Commonwealth gf Pennsylvania and forwarded to this Commission by no later than the thirtieth (30 day after the mailing date of this Order. 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