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
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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.
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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