HomeMy WebLinkAbout1439 MattaIn Re: Samuel J. Matta,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Paul M. Henry
Nicholas A. Colafella
05 -051
Order No. 1439
6/11/07
6/29/07
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. 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.
Matta, Case 05 -051
Page 2
I. ALLEGATIONS:
That Samuel Matta, a public official /public employee in his capacity as a Member
and Vice Chairman of the Shenandoah Municipal Authority, Schuylkill County, violated
Sections 1103(a), 1104(d) and 1105(b)(5) provisions of the State Ethics Act (Act 93 of
1998), 65 Pa.C.S. § §1103(a), 1104(d) and 1105(b)(5) when he used the authority of his
office for a private pecuniary gain, including but not limited to claiming, submitting, and
receiving expenses for attendance at American Waterworks Conventions in excess of
actual expenses incurred; when he submitted and received reimbursement from the SMA
for expenses for attendance at AWW conventions which he did not attend and which were
personal in nature; and when he failed to disclose sources of income on Statements of
Financial Interests filed for the 2002, 2003, and 2004 calendar years.
II. FINDINGS:
1. Samuel Matta has served as Vice Chairman and Member of the Municipal Authority
of the Borough of Shenandoah for approximately 10 years.
a. Matta was appointed to the Authority Board by Shenandoah Borough
Council.
2. The Municipal Authority of the Borough of Shenandoah was created pursuant to the
Pennsylvania Municipality Authorities Act of June 28, 1935, P.L. 463, as amended
by the Act of May 20, 1937, P.L. 739, and amended by the Act of May 17, 1939,
P.L. 167.
3. The Authority was incorporated on October 14, 1941, for the purpose of acquiring,
holding, constructing, improving, and monitoring water works, water supply works,
and water distribution system in Shenandoah Borough, and Mahoney Township.
a. The BSMA is operated by a five (5) member Authority Board.
b. Board members are appointed by Shenandoah Borough Council.
c. Board members are appointed by council to five year terms.
d. Board members are compensated at a rate of $30.00 per meeting.
4. Since April 1, 1952, Authority operations have been managed by a subsidiary
company of American Water Works.
a. Throughout the years the name of the management company has changed.
b. The current name of the management company is American Commonwealth
Management Services Company Incorporated (ACMS).
5. The current agreement between ACMS and the Authority was entered into by the
Authority Board on November 30, 1995.
6. As a result of the management agreement between the BSMA and ACMS, ACMS
agreed to provide the Authority with the following services:
a. Provide a team of professional personnel for management services for the
Water Authority and water system.
b. Maintain complete and accurate books and records relating to the business
in accordance with generally accepted accounting principles.
Matta, Case 05 -051
Page 3
c. Prepare and provide on a quarterly basis statements of revenue and
expenses.
d. Assist in the preparation of rate schedules and annual budget for the
Authority.
e. Attend required Authority and regulatory agency meetings.
7 Joseph Faley, Project Accountant, ACMS was the ACMS representative to the
Authority.
a. Faley's duties included but were not limited to the following:
1. Attend Authority Board meetings which are held quarterly.
2. Present quarterly reports at board meetings to inform the members of
issues involving the Authority.
3. Procure equipment and products at a cheaper rate to be used by the
Authority.
4. Manage /oversee financial aspects for the Authority and its board
members.
5. Provide signatures on checks, check requests, and expense reports
to approve and /or request payments.
b. Faley had no policy or regulatory authority over BSMA Board Members.
8. Each year, Joseph Faley receives notifications from the American Water Works
Association (AWWA) informing him of upcoming conventions scheduled to be held.
a. The purpose of AWWA conventions is to inform the pubic and individuals
within the industry of new procedures and technologies that can be used to
improve the quality /supply of water.
b. Faley informs the Authority Board of the convention notices he receives and
provide them for review.
9. The annual conference is the largest event that the American Water Works
Association sponsors.
a. The annual conference is usually held during the month of June and lasts for
5 days.
b. Approximately 10,000 to 13,000 individuals typically attend the conferences
which are held in major cities.
10. Due to the large number of attendees, registration with the AWWA is required.
11. Faley, at an Authority Board meeting held on May 15, 2002, informed those
members in attendance that the American Water Works Association has made
plans to hold its annual conference in New Orleans, LA from June 16, 2002,
through June 20, 2002.
Matta, Case 05 -051
Page 4
a. Faley informed the board that safety issues relating to water systems
because of terrorism would be addressed at the convention.
b. Faley recommended the board or someone from the board consider going.
12. Minutes from the May 15, 2002, Authority meeting include the following recorded
discussion on the 2002 New Orleans convention:
a. "Joe Faley said that there are two conventions — AWWA and PMAA
(Pennsylvania Municipal Authority Association), and at various times, the
authorities (sic) he has goes to them. The one this year for AWWA is in
New Orleans and there's a lot on this agenda, especially safety issues with
water systems — because of terrorism. Joe Faley recommends the board or
someone from the board consider going. Faley said he has material on the
convention for anyone to review.
Chairman Tancredi said the whole board is welcome to go. That he wants to
go, because, he has never been at a convention in the 15 years he's on the
board, so he will go to this one.
Date of convention is June 16 — 20.
On motion of Joseph Yezulinas, seconded by Donna Kulpowicz, with all ayes
— no nays, approval was given to attend the convention at New Orleans.
Joseph Faley also extended going to this convention to Loretta Dallazia,
Authority Supervisor and Gino Bruni, Chief Plant Operator. This to be
included in the above motion approval."
b. This motion passed by a 4 -0 margin with members Joseph Tancredi, Samuel
Matta, Joseph Yezulinas, and Donna Kulpowicz voting.
13. On or about April 11, 2002, Samuel Matta contacted Katrina's Travel Agency to
make flight arrangements for him and Tancredi for the trip to New Orleans, LA.
14. On April 11, 2002, Katrina Lennartz, President /General Manager for Katrina's
Travel Agency generated an invoice billing Samuel Matta's personal Visa credit
card number )000( )000( )000( 3197 in the amount of $656.00 for 3 round trip
tickets to New Orleans, LA aboard US Airways.
a. Tickets were purchased for Matta, Tancredi, and his wife Isabel Tancredi.
15. Katrina's Travel Agency invoice (itinerary receipt #109713) dated April 11, 2002,
confirmed that the following travel arrangements were made for Samuel Matta,
Joseph Tancredi, and Isabel Tancredi (wife of Joseph Tancredi) regarding the New
Orleans trip:
Date: June 15, 2002
Flight: US Airways 997V
Departure: Philadelphia, PA 8:20 AM
Arrival: New Orleans, LA 10:35 AM
Individuals: Joseph Tancredi
Seat 20 -F
Isabel Tancredi
Seat 20 -E
Samuel Matta
Seat 21 -F
Matta, Case 05 -051
Page 5
Date: June 19, 2002
Flight: US Airways 975V
Departure: New Orleans, LA 10:45 AM
Arrival: Philadelphia, PA 2:39 PM
Individuals: Joseph Tancredi
Seat 11 -D
Isabel Tancredi
Seat 11 -E
Samuel Matta
Seat 11 -C
16. The charges Matta incurred to book the flight arrangements for himself, Joseph
Tancredi, and Isabel Tancredi through Katrina Travel were as follows:
Charge Description of Charges
$480.00 3 round trip tickets ($160 each)
$ 20.00 Service Charge
$ 60.00 Service Fee ($20 per ticket)
$ 96.00 Tax
Total: $656.00
17. On or about June 10, 2002, Samuel Matta submitted a Katrina's Travel Agency
invoice indicating that his ticket to travel to New Orleans cost $656.00.
a. No expense report or check request form was filled out by Matta for the
amount of $656.00.
b. On June 10, 2002, five days before Matta and the Tancredis flew to New
Orleans, Matta was issued Authority check #15910 in the amount of
$656.00. Such check reimbursed Matta for his actual expenditures to pay the
tickets of himself and the Tancredis.
18. The invoice submitted by Matta on or about June 10, 2002, for airfare reflected that
the cost for his ticket to New Orleans was $656.00.
a. Matta's June 10, 2002, invoice representing one flight at $656.00 was
factually incorrect.
b. Actual costs were $656.00 for three (3) tickets.
c. Matta's airfare and that of Joe Tancredi was 1/3 of $656 or $219.00 each.
19. The 2002 AWWA convention in New Orleans had activities scheduled from 9:00
a.m. on June 15, 2002, through 10:00 p.m. on June 19, 2002.
a. Daily activities began no later than 9:00 a.m. and typically ended by 7:00
p.m. with the exception of an evening session held on June 19, 2002, from
7:00 p.m. to 10:00 p.m.
b. Attendees were charged additional amounts to attend certain event
sessions.
1. These additional charges ranged from $8.00 to $350.00.
c. Sessions were conducted throughout each day on numerous topics.
Matta, Case 05 -051
Page 6
20. General training sessions during the 2002 convention included topic areas such as:
a. Counter terrorism and security in the water industry.
b. Arsenic removal compliance.
c. Understanding and controlling the taste and odor of drinking water.
d. Regulatory issues.
21. As a result of their travel arrangements, Matta and Tancredi both missed the
morning of June 15, 2002, at the conference.
a. Both also missed all of June 19, 2002.
22. Between June 15, 2002, and June 19, 2002, Matta stayed in the New Orleans
Marriott hotel located at 555 Canal Street, New Orleans, LA 70140.
a. Marriott records confirm that on June 15, 2002, Matta arrived at the hotel at
11:53 a.m. and departed on June 19, 2002.
23. The New Orleans Marriott was one of several sites AWWA convention events were
held between June 15, 2002, and June 19, 2002.
24. For an individual to attend and gain admission to the 2002 AWWA convention, a
registration fee was required to be paid.
a. Matta never registered to attend the conference.
b. Financial records of the BSMA indicate that no payments were made to the
AWWA for registration and /or for other fees associated with attending the
2002 convention.
c. Matta did not expend any personal funds to cover those costs.
25. Business records of the AWWA include no record of Matta attending seminars or
other workshops associated with the 2002 convention.
a. People who register and /or attend AWWA conventions are entered into their
database.
b. Matta was not in the AWWA database.
26. For record keeping purposes individuals must register with the association to be
granted access to the conventions.
a. ID badges are issued to those that register to gain access to the AWWA
classes, events, seminars, and exhibits.
b. Individuals are denied access to AWWA classes, events, seminars, and
exhibits at the conference site without a valid ID badge.
c. No ID badge was issued to Matta for the 2002 convention.
27. Within the Marriott Hotel were some vendor displays setup which were open to the
general public.
Matta, Case 05 -051
Page 7
a. AWWA conference credentials were not required to view vendor displays at
the Marriott Hotel.
b. No workshops, meetings, seminars or conference activities were held in the
vendor area.
28. Matta did not attend any workshops, seminars or training associated with the 2002
AWWA convention in New Orleans, LA.
a. Matta claims he spent several hours viewing exhibit displays at the
convention center.
1. A fee of $75 to $150 was required to view exhibits.
2. AWWA records confirm no fee being paid for Matta to view exhibits.
3. Matta made no personal payments to view exhibits.
b. Matta asserts that as a credentialed and registered member of the press, he
was able to access the exhibit area.
29. Matta did not provide any information or reports to BSMA board members on the
2002 convention during subsequent board meetings.
a. Matta did however submit an expense reimbursement request for payment.
b. Information learned at the vendor exhibits was discussed with Authority
members, with Faley and Authority staff members.
30. For an Authority Board Member to be reimbursed for expenses that he or she
incurred while attending a convention, an Expense Claim Form must be filled out by
the board member.
a. Attached to the form should be copies of the invoices /receipts that document
the expense for which reimbursement is being requested.
b. Once the expense claim form is completed, it is submitted to Joseph Faley
for auditing.
c. Completed forms should be signed by the member who submitted it and
Joseph Faley as auditing it.
31. Once the Expense Form is completed and audited, Joseph Faley and a board
member completes a Check Request Form.
a. The check request form identifies how much, to whom, and for what reason a
check should be issued to an Authority Member.
b. This form should be signed by Joseph Faley, requestor, and by a board
member granting approval for the check to be issued.
c. After the form is approved /signed, office staff will issue a check to the
individual.
d. Final approval is considered granted when the Chairman of the Authority
and Faley sign the prepared check.
Matta, Case 05 -051
Page 8
32. Tancredi and Matta determined that they would request a $100 per day per diem (in
addition to their actual expense reimbursement requests) after learning members of
other Municipal Authority Boards also managed by American Water, received such
compensation for attending conventions.
a. The Authority has no policy in writing regarding per diems for attending
conventions.
b. Both wanted the $100 per day payment in addition to being reimbursed for
actual expenses incurred.
c. Neither sought or received approval from the Authority Board for the
payment.
33. On or about June 19, 2002, Matta filled out an expense claim form seeking
reimbursement for the following expenses:
Date Description of Expense Amount
6/19/02 AWWA Room $ 952.94
6/19/02 $100 per day out of pocket exp $ 500.00
No Date Drinks $ 16.15
$1,469.09
a. Matta signed the form as the claimant certifying that the expenses detailed
above were incurred on company business and receipts are attached."
34. Matta provided Faley with receipts for the Crescent City Brewhouse (drinks) and
Marriott.
a. No receipt for $100 per day for five days was provided as it was a per diem
not an actual expense.
b. A receipt from Selective Creations was submitted by Matta in the amount of
$78.38 for the purchase of an undisclosed item.
1. Written on the receipt was "Refused this charge L. Dallazia."
35. Matta's receipt from the Crescent City Brewhouse indicates that he incurred the
following alcoholic drink expenses on June 18, 2002, at 7:11 p.m.:
a. Description of Expense Amount
Pilsner Tall $6.00
Pilsner Small $3.75
Vodka $5.00
Tax $1.40
Total: $16.15
b. This drink receipt was submitted while Matta simultaneously requested a
$100 per day per diem.
36. Matta's invoice from the Marriott Hotel, for the period June 15, 2002, to June 19,
2002, identified that Matta incurred the following expenses:
Date Description Charges
6/15/02 Lounge $ 25.62
6/15/02 Room $ 177.00
Matta, Case 05 -051
Page 9
6/15/02 Room Tax $ 21.24
6/15/02 Cty /Tax $ 3.00
6/16/02 Room $ 177.00
6/16/02 Room Tax $ 21.24
6/16/02 Cty /Tax $ 3.00
6/17/02 Lobby Br $ 53.81
6/17/02 Room $ 177.00
6/17/02 Room Tax $ 21.24
6/17/02 Cty /Tax $ 3.00
6/18/02 Lobby Br $ 22.31
6/18/02 Cont Bkf $ 5.00
6/18/02 Cont Bkf $ 2.00
6/18/02 Lobby Br $ 14.73
6/18/02 Lobby Br $ 24.51
6/18/02 Room $ 177.00
6/18/02 Room Tax $ 21.24
6/18/02 Cty /Tax $ 3.00
6/19/02 Local $ 1.00
6/19/02 CCard -Bk $ 953.94
37. Matta's Marriott receipt confirmed Matta had incurred meal and /or bar charges
totaling $147.98.
p.m.
a. Individual charges included the following:
Date Location
06/15/02 Canal St. Bar
Charge Time In Time Out
$25.62 10:14 p.m. 11:25
06/17/02 Lobby Bar $53.81 4:02 p.m. 5:05 p.m.
06/18/02 Pizza Hut /room service $5.00 8:49 a.m. 8:50 a.m.
06/18/02 Pizza Hut /room service $2.00 9:28 a.m. 9:28 a.m.
06/18/02 Lobby Bar $14.73 3:58 p.m. 4:31 p.m.
06/18/02 Lobby Bar $24.51 9:47 p.m. 11:41 a.m.
06/18/02 Lobby Bar $22.31 unknown unknown
$147.98
b. The items purchased at the Canal St. and Lobby bars totaling $140.98 were
alcoholic beverages.
c. Matta claimed meal and /or beverage reimbursements totaling $147.98 from
the Marriott Hotel while simultaneously requesting a $100 per day per diem.
38. Matta joined the Tancredi's for a meal at the Crescent City Brewhouse on June 18,
2002.
a. Total charges incurred were $91.25.
b. Joseph Tancredi was reimbursed by the Authority for the entire amount.
c. Matta collected a $100 per diem for June 18, 2002, while having this meal
paid for by Tancredi.
d. Matta was reimbursed $16.15 for drinks purchased at the Crescent City
Brewhouse on June 18, 2002.
Matta, Case 05 -051
Page 10
39. Matta's Marriott receipt details meals being charged to his room during normal
convention session hours on June 15, 17, and 18, 2002.
a. Normal sessions during these days began no later than 9:00 a.m. and ended
no earlier than 5:00 p.m.
40. On July 11, 2002, check #15997 was issued to Matta in the amount of $1,469.09.
41. The total reimbursements paid by the Authority for Matta for the New Orleans trip
was $2,125.15.
Airfare: $ 656.00
Room Charges: $ 953.00
(including food & drinks)
Per diem (IOD) $ 500.00
Drinks $ 16.15
$2,125.15
42. Of the above amount reimbursed by the Authority:
$217.00
$500.00
$157.15
was in excess of Matta's and Tancredi's actual airfares for which he
had paid
(per diems) was not authorized by the Authority Board
was for alcoholic beverages
43. Faley at an Authority Board meeting held on May 15, 2003, informed those
members in attendance that the American Water Works Association has made
plans to hold its annual convention in Anaheim California from June 15, 2003,
through June 19, 2003.
44. Minutes from the May 15, 2003, Authority meeting include the following discussion
on the 2003 Anaheim convention:
a. At this time, Joe Faley extended an invitation to the Board, Authority
Supervisor, Working Foreman, and Chief Plant Operator, to attend the
AWWA conference in California and anybody interested in going please let
us know."
45. On or about May 23, 2003, Samuel Matta contacted Katrina's Travel Agency to
make flight arrangements for a trip to California.
46. On May 23, 2003, Katrina Lennartz, President /General Manager, Katrina's Travel
Agency, used Matta's personal Discover credit card #XXXX XXXX XXXX 3323 to
purchase 6 round trip e- tickets to California aboard American Airlines for Matta.
a. One thousand, three hundred and sixty -five dollars ($1,365.00) was charged
to Matta's credit card for the tickets.
47. Tickets were purchased for Matta, Joseph Tancredi and his wife Isabel, Cynthia
Murray, Tevin Murray, and Ian Murray.
a. Cynthia Murray is Matta's sister.
b. Tevin Murray and Ian Murray are children of Cynthia Murray.
48. Neither Isabel Tancredi, Cynthia Murray, Tevin Murray, nor Ian Murray have any
affiliation with the BSMA.
Matta, Case 05 -051
Page 11
49. An American Airlines e- ticket receipt dated May 23, 2003, details that the following
travel arrangements were made for Samuel Matta, Tevin Murray (Matta's nephew),
Ian Murray (Matta's nephew), Cynthia Murray (Matta's sister), Joseph Tancredi,
Isabel Tancredi regarding the California trip:
a.
Date: June 14, 2003
Flight: American Airlines
Departure: Philadelphia
Arrival: Dallas FT Worth
Individuals: Samuel Matta
Seat 29D
Cynthia Murray
Seat 29E
Ian Murray
Seat 29F
Tevin Murray
Seat 30D
Joseph Tancredi
Seat 30E
Isabel Tancredi
Seat 30F
Date: June 19, 2003
Flight: American Airlines
Departure: John Wayne
Arrival: St. Louis Intl
Individuals: Samuel Matta
Seat 23A
Cynthia Murray
Seat 23B
Ian Murray
Seat 28A
Tevin Murray
Seat 28B
Joseph Tancredi
Seat 30A
Isabel Tancredi
Seat 30B
1189
9:49 AM
12:11 PM
Coach
Coach
Coach
Coach
Coach
Coach
2894
8:39 AM
2:09 PM
Coach
Coach
Coach
Coach
Coach
Coach
Date: June 14, 2003
Flight: American Airlines
Departure: Dallas FT Worth
Arrival: John Wayne
Individuals: Samuel Matta
Seat 31A
Cynthia Murray
Seat 32A
Ian Murray
Seat 32B
Tevin Murray
Seat 33A
Joseph Tancredi
Seat 33B
Isabel Tancredi
Seat 33C
Date: June 19, 2003
Flight: American Airlines
Departure: St. Louis Intl
Arrival: Philadelphia
Individuals: Samuel Matta
Seat 14D
Cynthia Murray
Seat 14E
Ian Murray
Seat 14F
Tevin Murray
Seat 15D
Joseph Tancredi
Seat 15E
Isabel Tancredi
Seat 15F
3077
2:12 PM
3:03 PM
Coach
Coach
Coach
Coach
Coach
Coach
582
3:05 PM
6:35 PM
Coach
Coach
Coach
Coach
Coach
Coach
Passenger
Ticket Number
Fare -USD
Trans Tax
Other Taxes
Ticket Total
Samuel Matta
12119654733
178.61
13.39
35.50
227.50
Cynthia Murray
12119654734
178.61
13.39
35.50
227.50
Ian Murray
12119654735
178.61
13.39
35.50
227.50
Tevin Murray
12119654736
178.61
13.39
35.50
227.50
Joseph Tancredi
12119654737
178.61
13.39
35.50
227.50
Isabel Tancredi
12119654738
178.61
13.39
35.50
227.50
Total:
$1,365.00
Matta, Case 05 -051
Page 12
b. The receipt also detailed the following ticket information for the
aforementioned individuals:
50. Matta was charged an additional travel agency service fee of $120.00 on May 23,
2003.
a. This also was charged to Matta's Discover credit card number )000 000(
)000( 3323.
b. Katrina Travel Agency charged Matta $20 for processing each of the e-
tickets she did ($20 X 6 passengers = $120).
51. Although tickets were purchased for Joseph Tancredi and Isabel Tancredi to fly to
California, neither Joseph Tancredi nor Isabel Tancredi went to California.
a. Joseph Tancredi became ill and had surgery shortly prior to the trip.
b. No record exists to indicate that Matta was charged a cancellation fee by
American Airlines.
52. The 2003 AWWA convention in Anaheim had activities scheduled from 9:00 a.m.
on June 15, 2003, through 12:00 p.m. on June 19, 2003.
a. Daily activities began no later than 9:00 a.m. and typically ended by 5:00
p.m. with the exception of an evening session held on June 18, 2003, from
7:00 p.m. to 10:00 p.m.
b. Convention events were held at the Anaheim Convention Center and
Anaheim Hilton and Towers.
c. Some vendor displays were at the Hyatt Regency Hotel.
d. Attendees were charged additional amounts to attend certain event
sessions.
1. These additional charges ranged from $45 to $250.
e. Sessions were conducted throughout each day on numerous topics.
53. General training sessions during the 2003 convention included topic areas such as:
a. Water audit and loss reduction strategies.
b. Infrastructure Management: Above as below ground.
c. TDS reduction for various water reclamation uses, salinity and brine
disposal, and water desalting.
Matta, Case 05 -051
Page 13
d. The place and placement of ozone in drinking water treatment.
54. Flight times confirm that Matta was unable to attend the entire conference.
a. Matta missed all of the activities on June 14, 2003, as his flight did not arrive
in California until after 3:00 p.m. pst.
b. Matta missed all of the events scheduled for June 19, 2003.
1. Matta's flight back to Pennsylvania departed from John Wayne Airport
at or about 8:39 a.m.
55. Between June 14, 2003, through June 19, 2003, Samuel Matta, Cynthia Murray,
Tevin Murray, and Ian Murray stayed in the same room at the Hyatt Regency
Orange County hotel located at 11999 Harbor Boulevard, Garden Grove, CA
92840.
a. Hyatt records confirm that Matta and the Murrays arrived at the hotel on
June 14, 2003, and departed on June 19, 2003 (no arrival or departure times
included).
b. The Hyatt Regency Orange County was not used as the headquarter hotel
for the convention.
c. No AWWA sponsored activities took place at the Hyatt Regency.
d. Room expenses for Cynthia Murray, Tevin Murray, and Ian Murray were
ultimately paid for by the BSMA.
56. For an individual to attend and gain admission to the 2003 AWWA convention, a
registration fee was required to be paid.
a. Matta did not register for the 2003 AWWA Conference.
57. Financial records of the BSMA include no payments made to the AWWA for
registration and /or other fees associated with attending the 2003 convention.
a. Matta did not expend any personal funds to cover those costs.
58. Business records of the AWWA include no record of Matta attending seminars or
other workshops associated with the 2003 convention.
a. People who register and /or attend the convention are entered into their
database.
b. Matta is not in the AWWA database.
59. For record keeping purposes in 2003, the AWWA continued its past practice of
requiring individuals to be registered with the association to be granted access to
the convention.
a. In 2003 ID badges again were issued to those that registered, to gain access
to the AWWA classes, events, seminars, and exhibits.
b. In 2003 Individuals were denied access to AWWA classes, events,
seminars, and exhibits without a valid ID badge.
Matta, Case 05 -051
Page 14
c. No ID badges were issued to Matta for the 2003 convention.
d. Matta asserts that he utilized [h]is press pass to gain access to AWWA
exhibit areas.
60. Within the Hyatt Hotel were vendor displays setup which were open to the general
public.
a. AWWA conference credentials were not required to view vendor displays at
the Hyatt Hotel.
b. Vendors who had displays at the Hyatt were not sponsored by the AWWA.
c. No workshops, meetings, seminars or conference activities were held in the
vendor area.
61. Matta did not attend any workshops, seminars or training associated with the 2003
AWWA convention in Anaheim, CA.
62. Matta did not provide any information or reports to BSMA board members on the
2003 convention during subsequent board meetings.
a. Matta did however submit an expense reimbursement request for payment.
b. Matta submitted no formal report from the convention but used information
learned from vendors in his service on the Authority Board and discussed it
with Authority staff, Joe Faley and others.
63. On June 15, 2003, Matta filled out an expense claim form seeking reimbursement
for the following expenses:
Date Description of Expense Amount
6/15/03 Airfare AWWA $ 579.00
6/15/03 Hotel $1,386.13
6/15/03 Cancellation fee J.T. $ 200.00
Total: $2,165.13
a. Samuel Matta signed the form as the claimant certifying that the expenses
detailed above were incurred on company business and receipts are
attached."
64. The invoices /receipts attached to Matta's expense report to document the expenses
listed on the report included Katrina's Travel Agency and the Hyatt Regency
Orange County invoices:
a. A Katrina's Travel Agency itinerary invoice dated June 3, 2003, details travel
arrangements for Samuel Matta to fly to California at a cost of $579.00.
b. A Hyatt Regency Orange County hotel invoice dated June 14, 2003,
indicating [sic] that Matta incurred the following expenses:
Date Description Charges
6/14 2- 3DA2 -3DC 428.00
6/14 CA Grill 67.97
Matta, Case 05 -051
Page 15
6/14 Group Room 194.00
6/14 CA/OC Tourism F 0.60
6/14 Occupancy Tax 25.22
6/14 Parking 11.00
6/15 CA Grill 45.87
6/15 Water Bottled 4.00
6/15 Group Room 194.00
6/15 CA/OC Tourism F 0.60
6/15 Occupancy Tax 25.22
6/15 Parking 11.00
6/16 CA Grill 36.65
6/16 Water Bottled 4.00
6/16 Group Room 194.00
6/16 CA/OC Tourism F 0.60
6/16 Occupancy Tax 25.22
6/16 Parking 11.00
6/17 CA Grill 2.69
6/17 CA Grill 67.16
6/17 Group Room 194.00
6/17 CA/OC Tourism F 0.60
6/17 Occupancy Tax 25.22
6/17 Parking 11.00
6/18 CA Grill 3.69
6/18 Group Room 194.00
6/18 CA/OC Tourism F 0.60
6/18 Occupancy Tax 25.22
6/18 Parking 11.00
Total: $1,814.13
65. Faley only authorized Matta be reimbursed for $1,386.13 of the $1,814.13 Hyatt
invoice deeming the charge of $428.00 described as "2- 3DA2 -3DC" as
questionable.
a. Faley was not sure what the charge of "2- 3DA2 -3DC" was and refused to
pay it.
b. The handwritten endorsement "DNP" meaning "do not pay" is that of Matta.
He notified Faley of that notation.
66. The Hyatt Regency Orange County code of "2- 3DA2 -3DC" was for 2 three day adult
tickets and 2 three day children tickets to enter Disneyland and Disney's California
Adventure amusement park.
a. The Hyatt Regency afforded its patrons the opportunity to charge Disneyland
ticket packages to their room folio's.
Matta, Case 05 -051
Page 16
b. The 2 adult tickets were for Matta and his sister Cynthia Murray while the 2
children's tickets were for Ian Murray and Tevin Murray.
67. One of the three day Disneyland tickets was for Matta.
a. Matta also spent one day to go to San Diego and the San Diego Zoo.
b. Matta also missed the first and last day of the conference due to his flight
schedule.
c. Matta admits going to Disneyland to meet his relatives on three evenings.
68. Matta's Hyatt receipt had meal and /or bar charges totaling $232.03.
a. Individuals charges included the following:
Date Location /Description Charge
6/14 CA Grill $67.97
6/15 CA Grill $45.87
6/15 Water Bottled $ 4.00
6/16 CA Grill $36.65
6/16 Water Bottled $ 4.00
6/17 CA Grill $ 2.69
6/17 CA Grill $67.16
6/18 CA Grill $ 3.69
$232.03
b. Matta claimed meal and /or beverage reimbursements totaling $232.03 from
the Hyatt Hotel while simultaneously requesting $100 per day per diem.
c. Matta also submitted part of his reimbursement request charges for parking
a rental car which was used for personal purposes.
1. These charges totaled $55.00.
69. On July 2, 2003, Authority check #16841 was issued to Matta in the amount of
$2,165.13.
a. This reimbursement payment issued to Matta was never approved by the
board at a board meeting.
70. The reimbursement payment made to Matta in the amount of $2,165.13 was for the
following expenses detailed in the previous findings:
a. Airfare $ 579.00
Hotel $1,386.13
Cancellation Fee $ 200.00
$2,165.13
b. Matta was not assessed a $200.00 cancellation fee for the tickets not used
by the Tancredi's.
c. Matta's actual airfare cost was $227.50 (plus $20 service fee) not $579.00.
d. $227.50 was the price per ticket purchased by Matta.
Matta, Case 05 -051
Page 17
71. The document Matta submitted from Katrina's Travel Agency for reimbursement of
airfare charges in the amount $579.00 was actually an estimate rather than a paid
invoice.
a. Matta submitted only the KTA estimate in an effort to receive reimbursement
for airfare for his sister and her children.
b. Matta was never charged airfare in the amount of $579.00.
72. Matta submitted a second expense report dated June 15, 2003, seeking
reimbursement for "meals for AWWA and out of pocket expenses" totaling $500
even though he did not attend any formal workshop, class, dinner or meeting
function of the AWWA Convention.
a. The $500 request was based on a $100.00 a day per diem for five days.
b. Matta signed the form as the claimant certifying that the expenses detailed
above were incurred on company business and receipts are attached."
73. On June 11, 2003, Authority check #16781 was issued to Matta in the amount of
$500.00.
a. This $500 payment was for a $100 per day per diem which was never set or
approved by the BSMA Board.
74. Matta received a total of $2,665.13 in reimbursement for the AWWA Conference in
Anaheim, Ca (2003).
a. Of the above amount reimbursed by the Authority:
$879.22
$331.50
$200.00
$500.00
$ 55.00
was for 4 days lodging while Matta went to Disneyland and San
Diego
was in excess of Matta's actual airfare
was in excess of any expenses incurred for flight cancellation
per diem was not authorized by the Authority Board
was for parking a vehicle used for personal purposes
75. Samuel Matta submitted and received reimbursements for expenses in relation to
the 2004 AWWA convention.
76. The 2004 AWWA annual convention was held from June 13, 2004, through June
16, 2004, in Orlando, FL.
a. Registration and conference admission procedures for 2004 were the same
as prior year's conventions.
b. The 2004 convention was held at the Orange County Convention Center
with the Peabody Orlando Hotel serving as the convention hotel.
77. Authority Board meeting minutes do not include any recorded discussions or board
vote regarding Authority members attending the 2004 Orlando, FL convention.
a. Joseph Faley did not make any informational presentation to the board.
78. For an individual to attend and gain admission to the 2004 AWWA convention, a
registration fee was required to be paid.
Matta, Case 05 -051
Page 18
a. Matta never registered for the 2004 AWWA Convention.
79. Financial records of the BSMA include no payments made to the AWWA for
registration and /or other fees associated with attending the 2004 convention.
a. Matta did not expend any personal funds to cover those costs.
80. Business records of the AWWA include no record of Matta attending seminars or
other workshops associated with the 2004 convention.
a. People who register and /or attend the convention are entered into their
database.
b. Matta is not in the AWWA database.
81. In 2004 the AWWA continued its past practice of requiring individuals to be
registered with the association to be granted access to the conventions.
a. In 2004 ID badges again were issued to those that registered, to gain access
to the AWWA classes, events, seminars, and exhibits.
b. In 2004 individuals were denied access to AWWA classes, events,
seminars, and exhibits without a valid ID badge.
c. No ID badges were issued to Matta for the 2004 convention.
d. Matta asserts that he used his press credentials to access the AWWA
exhibit areas in which he was interested.
82. On or about May 14, 2004, Samuel Matta contacted Katrina's Travel Agency to
make travel arrangements for himself, Cynthia Murray, Thomas Murray (Matta's
brother -in -law), Tevin Murray, and Ian Murray to travel to Tampa, Florida.
a. Travel arrangements included lodging and airfare.
83. Business records of KTA include two KTA invoices dated May 14, 2004, billing
Matta for flight arrangements made to travel roundtrip form [sic] Philadelphia to
Tampa, FL.
a. KTA invoice dated May 14, 2004, itinerary receipt #110749, indicates that
Matta's Discover credit card numbered )000( )000( )000( 3323 was
charged $729.60 for the following US Airways flight arrangements:
Date:
Flight:
Departure:
Arrival:
Individuals:
June 12, 2004
US Airways 929S
Philadelphia, PA 10:55 AM
Tampa, FL 1:29 PM
Samuel Matta
Seat 15 -A
Thomas Murray
Seat 15 -B
Cynthia Murray
Seat 15 -C
Date:
Flight:
Departure:
Arrival:
Individuals:
June 19, 2004
US Airways 284S
Tampa, FL 1:40 PM
Philadelphia, PA 4:17 PM
Samuel Matta
Seat 20 -A
Thomas Murray
Seat 20 -B
Cynthia Murray
Seat 20 -C
Date:
Flight:
Departure:
Arrival:
Individuals:
Matta, Case 05 -051
Page 19
b.
Date
5/14/04
5/14/04
5/14/04
5/14/04
5/14/04
5/14/04
5/14/04
KTA invoice dated May 14, 2004, itinerary receipt #110750, indicates that
Matta's same Discover card was charged $510.40 for the following US
Airways flight arrangement:
June 12, 2004
U.S. Airways
Philadelphia, PA
Tampa, FL
Ian Murray
Seat 15D
Tevin Murray
Seat 15E
929 W
10:55 AM
1:29 PM
Coach
Coach
Date:
Flight:
Departure:
Arrival:
Individuals:
84. Matta was charged a total of $1,240.00 by KTA for arranging the flights to Florida.
a. The following is a breakdown of the charges for the flight arrangements.
Description of Charge
Katrina's Travel Agency Fee
Katrina's Travel Agency Fee
US Air Ticket Number 03775461244446
US Air Ticket Number 03775461244450
US Air Ticket Number 03775461244461
US Air Ticket Number 03775461244472
US Air Ticket Number 03775461244483
Total:
June 19, 2004
U.S. Airways
Tampa, FL
Philadelphia, PA
Ian Murray
Seat 19A
Tevin Murray
Seat 19C
Cost
$ 75.00
$ 50.00
$ 218.20
$ 218.20
$ 218.20
$ 230.20
$ 230.20
$ 1,240.00
284 S
1:40 PM
4:17 PM
Coach
Coach
85. The 2004 AWWA convention in Tampa had activities scheduled from 9:00 a.m. on
June 13, 2004, through approximately 10:00 p.m., June 16, 2004.
a. Daily activities began no later than 9:00 a.m. and typically ended by 6:00
p.m. with the exception of an evening session held on June 16, 2004, from
7:00 p.m. to 10:00 p.m.
b. Attendees were charged additional amount[s] to attend certain event
sessions.
1. These additional charges ranged from $20 to $255.
c. Sessions were conducted throughout each day on numerous topics.
86. General training sessions during the 2004 convention included topic areas such as:
a. Optimizing water utility management and operations through GIS.
b. Organic (biomass) and inorganic deposits in distribution systems.
c. Water resources planning: Management tools and applications.
d. Conserving water in landscapes: Potentially your greatest savings.
Matta, Case 05 -051
Page 20
87. From June 12, 2004, through the morning of June 19, 2004, Matta and his family
members stayed in a three bedroom condo that KTA reserved for him through a
condo rental company, Magical Memories Management.
a. The condo was located at 2753 N. Poinciana Blvd. Kissimmee, Florida
34742.
b. The condo was approximately 18 minutes from Orange County Convention
Center and Peabody Orlando Hotel host sites of the 2004 convention.
c. Matta stayed at the condo one day prior to the start and two days beyond the
official end of the convention.
88. Matta was invoiced by KTA in the amount of $982.96 on May 26, 2004, for a condo
rental.
a. The invoice outlines the following charges which comprise the $982.96
charge:
"Rate $119.00 per night, tax $14.28 = $133.28 X 7 nights = $932.96 +
$50.00 cleaning = $982.96."
b. Matta paid for the condo via a personal check #1226 on May 28, 2004, in the
amount of $982.00.
1. For condo Fla" is indicated in the memo section of check #1226.
89. Matta further claims that he went to AWWA exhibits at the Orange County
Convention Center during the 2004 convention.
a. Matta needed a conference ID badge to gain access to the convention
center.
b. Matta did not have an ID badge for the 2004 convention.
c. Matta was not registered to attend the convention.
90. Matta did not provide any information or reports to BSMA Board Members on the
2004 convention during subsequent board meetings.
a. Matta did however submit an expense reimbursement request for payment.
91. On or about June 30, 2004, Matta provided invoices and /or receipts to Joseph
Faley for reimbursement purposes.
a. Faley completed an expense claim form for Matta dated June 30, 2004.
b. Matta requested reimbursement for the following expenses:
Date Description of Expense Amount
No date Hotel $ 744.00
No date Airfare $ 295.00
No date Fee $ 50.00
Total: $1,089.00
c. This form was not signed by Matta or Faley.
Matta, Case 05 -051
Page 21
92. The invoices /receipts attached to the expense report for reimbursement purposes
included the following:
a. A Katrina's Travel Agency document dated June 1, 2004 detailing travel
arrangements for Samuel Matta to fly to Florida and stay at "Vista Housing"
in the amount of $1,595.00 with the following itemized breakdown of
charges.
1. Description of Charge Amount
Lodging at Vista Housing (tax included) $1,250.00
Airfare $ 295.00
Fee $ 50.00
Total: $1,595.00
b. Matta generated a revised invoice which also was attached to the expense
report. The revised invoice had the following cost breakdown:
1. Description of Charge Amount
Hotel — 4 nights @$186 $ 744.00
Airfare $ 295.00
Fee $ 50.00
Total: $1,089.00
93. Matta submitted a revised invoice eliminating two days lodging expense Faley
deemed not reimbursable since the conference had ended.
a. Matta represented paying $186.00 per night for a hotel room when he
actually stayed in a condominium costing $119 per night. (see finding #117)
94. Matta also misrepresented his actual airfare costs on the invoices in order to
receive reimbursement for family members' airfares.
a. Airfare was listed as costing $295.
b. Matta's actual airfare cost was $243.20 ($218.20 for the ticket plus a $25
agency fee) a difference of $51.80 (see finding #112).
95. On December 13, 2004, Matta was issued Authority check #18144 in the amount of
$1,089.00, the entire amount reported on Matta's revised expense report dated
June 30, 2004.
a. This check was signed by Joseph Tancredi and Joseph Faley.
b. No check request form was filled out for this check to be issued.
96. On June 9, 2004, 3 days before Matta left for the convention, Faley filled out a
check request form for Matta to receive a check in the amount of $500.00 for
"AWWA expenses at $100 per day."
a. This request was for 5 days per diem at $100 per day.
b. No board approval or authorization was obtained for this payment.
97. On June 9, 2004, Matta was issued Authority check number 17707 in the amount of
$500.
Matta, Case 05 -051
Page 22
98. Matta received two reimbursement payments totaling $1,589.00 for expenses
purportedly incurred attending the 2004 AWWA convention in Orlando, FL.
a. Of the above amount reimbursed by the Authority:
$500.00
$268.00
$ 51.80
per diem was not authorized by the Authority Board
was in excess of the actual expenses Matta incurred for 4 days
lodging
was in excess of the amount actually expended by Matta for
airfare
THE FOLLOWING FINDINGS RELATE TO MATTA'S FAILURE TO LIST SOURCES OF
INCOME AND OTHER FINANCIAL INTERESTS ON STATEMENT OF FINANCIAL
INTERESTS FORMS FILED.
Other Alleged Findings Regarding Listing of Sources of Income on Statements of
Financial Interests
99. Matta in his official capacity as a BSMA Board Member was annually required to file
a Statement of Financial Interests form by May 1 each year containing information
for the prior calendar year.
a. Authority Board Members have annually been provided with blank
Statements of Financial Interests (SFI) forms from the State Ethics
Commission to complete and file with the Authority.
100. Statement of Financial Interests forms on file with the Authority as of December 19,
2005 included the following filings for Matta:
Calendar year: 2002
Filed: 2/20/03 on SEC Form 01/03
Position: None
Creditors: None
Direct /indirect sources of income: None
Office, directorship or employment in any business: None
All other financial interests: None
Calendar year: 2003
Filed: 3/13/04 on SEC Form 01/04
Position: None
Creditors: None
Direct /indirect sources of income: None
Office, directorship or employment in any business: None
All other financial interests: None
Calendar year: 2004
Filed: 2/13/05 on SEC Form 01/05
Position: None
Creditors: None
Direct /indirect sources of income: None
Office, directorship or employment in any business: None
All other financial interests: None
101. Matta filed an SFI for calendar year 2005 with the Authority on or about February 9,
2006. Matta's calendar year 2005 form included the following information:
a. Calendar year: 2005
Matta, Case 05 -051
Page 23
Filed: 2/9/06 on SEC Form 01/06
Position: None
Creditors: Chrysler Credit Corp (no rate listed)
Direct /indirect sources of income: Hazleton Standard - Speaker, Wyoming
Ave., Hazelton, PA
Office, directorship or employment in any business: Municipal Authority
Borough of Shenandoah, Vice Chairman
All other financial interests: None
102. On August 23, 2006, Mark Semanchik, counsel for Matta, forwarded SFIs to the
State Ethics Commission on Samuel Matta's behalf for calendar years 2002 and
2003.
a. Matta filed these SFIs to address allegations being investigated by the State
Ethics Commission that he did not completely disclose all financial interests
required.
b. These forms were identical to those on file with the BAMA as of December
19, 2005.
103. Since 2002, Matta has been employed by the Hazleton Standard Speaker located
at 21 N. Wyoming St., Hazleton, PA 18201.
a. Matta received income in excess of $1,300 annually from the Hazelton
Standard Speaker since 2002.
b. Matta's [sic] is employed as a sports writer /reporter with a salary of $35,000
annually.
104. Matta did not disclose income he received in excess of $1,300 annually from the
Hazelton Standard Speaker or SFIs filed for calendar years 2002 through 2004.
105. W -2 Wage and Tax Statements on file with the BSMA confirm the following wages
received by Matta while not having SFIs properly filed with the Authority for
calendar years 2002 through 2004:
a. Year Amount
2002 $ 390
2003 $ 650
2004 $ 520
$1,560
III. DISCUSSION:
At all times relevant to this matter, Respondent Samuel J. Matta, hereinafter also
referred to as "Respondent," "Respondent Matta," or "Matta," as a Member and Vice
Chairman of the Shenandoah Municipal Authority ( "Authority ") in Schuylkill County for
approximately ten years, has at all times relevant to these proceedings 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.
Matta, Case 05 -051
Page 24
The allegations are that Matta violated Sections 1103(a), 1104(d) and 1105(b)(5) of
the Ethics Act when he used the authority of his office for a private pecuniary gain,
including but not limited to claiming, submitting, and receiving expenses for attendance at
American Waterworks conventions in excess of actual expenses incurred; when he
submitted and received reimbursement from the Authority for expenses for attendance at
American Waterworks conventions which he did not attend and which were personal in
nature; and when he failed to disclose sources of income on Statements of Financial
Interests filed for the 2002, 2003, and 2004 calendar years.
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(d) of the Ethics Act provides that no public official shall be allowed to
take the oath of office, enter or continue upon his duties, or receive compensation from
public funds unless he has filed a Statement of Financial Interests as required by the
Ethics Act.
Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the Statement
of Financial Interests the name and address of any direct or indirect source of income
totaling in the aggregate $1,300 or more.
Matta, Case 05 -051
Page 25
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.
Samuel Matta has served as a Member and Vice Chairman of the Authority for
approximately 10 years.
Since April 1, 1952, Authority operations have been managed by a subsidiary
company of American Water Works ( "AWW "). The current name of the management
company is American Commonwealth Management Services Company Incorporated
( "ACMS "). Joseph Faley ( "Faley ") has served as the ACMS representative to the
Authority. Faley's duties performed for the Authority have included managing /overseeing
financial aspects for the Authority and its Board Members and providing signatures on
checks, check requests, and expense reports to approve and /or request payments.
Each year, Faley receives notifications from the American Water Works Association
(AWWA) informing him of upcoming AWWA conventions.
The 2002 AWWA annual conference in New Orleans (the New Orleans Conference "):
At an Authority Board meeting held on May 15, 2002, Faley informed the Authority
Board Members in attendance that the AWWA had made plans to hold its annual
conference in New Orleans, Louisiana, from June 16, 2002, through June 20, 2002 (which
conference is also referred to herein as the New Orleans Conference "). Minutes from the
Authority Board's May 15, 2002, meeting indicate that Authority Chairman Joseph Tancredi
( "Tancredi ") stated that the whole Board was welcome to go to the New Orleans
Conference and that he was going to go to it. Matta participated in the unanimous vote of
the Authority Board approving attendance at the New Orleans Conference.
In April 2002, approximately one month prior to the Authority Board's consideration
and approval of attendance at the conference, Matta had made flight arrangements for
himself, Tancredi, and Tancredi's wife, Isabel Tancredi, for travel to the New Orleans
Conference. The flight arrangements were for departure on June 15, 2002, and return on
June 19, 2002. Matta purchased all 3 round trip tickets using his personal credit card.
The total cost of the tickets was $656 as detailed in Fact Findings 14 -16.
On or about June 10, 2002, Matta submitted an invoice to the Authority indicating
that his ticket to travel to New Orleans cost $656. However, Matta's airfare and that of
each of the Tancredis was 1/3 of $656. No expense report or check request form was
filled out by Matta for the amount of $656.00. On June 10, 2002, five days before Matta
and the Tancredis flew to New Orleans, Matta was issued Authority check #15910 in the
amount of $656.00, reimbursing Matta for the tickets for himself and both of the Tancredis.
Between June 15, 2002, and June 19, 2002, Matta stayed in the New Orleans
Marriott hotel located at 555 Canal Street, New Orleans, Louisiana.
For an individual to attend and gain admission to the New Orleans Conference, a
registration fee was required to be paid. Neither Matta nor the Authority paid the
requisite conference registration fee for Matta to attend the New Orleans Conference.
Matta never registered to attend the conference. Matta did not attend any workshops,
seminars or training associated with the New Orleans Conference. Matta claims he spent
several hours viewing exhibit displays at the convention center. A fee of $75 to $150 was
required to view exhibits. AWWA records confirm no fee being paid for Matta to view
exhibits. Matta made no personal payments to view exhibits. Matta asserts that as a
credentialed and registered member of the press, he was able to access the exhibit area.
The Authority's procedures for convention expense reimbursements are detailed at
Matta, Case 05 -051
Page 26
Fact Findings 30 -31. The procedures require the Authority Board Member claiming
expenses to complete and submit an Expense Claim Form with copies of the
invoices /receipts documenting the expenses for which reimbursement is being requested.
The Expense Claim Form is submitted to Faley for auditing. Completed forms are to be
signed by the Member who claims the expenses and by Faley who audits them. After the
Expense Claim Form is audited, a Check Request Form is prepared, which identifies the
amount, recipient, and reason for the requested check. The Check Request Form is to be
signed by the requester, Faley, and by a Board Member granting approval for the check to
be issued. After the Check Request Form is approved /signed, office staff issues a check to
the individual. Final approval is considered granted when Tancredi, as Chairman of the
Authority, and Faley sign the prepared check.
On or about June 19, 2002, Matta filled out an Expense Claim Form seeking
reimbursement for expenses relative to the New Orleans Conference as detailed in Fact
Finding 33. Matta signed the Expense Claim Form as the claimant, certifying that the
expenses detailed on the form were "incurred on company business" with receipts
attached.
With regard to the claimed expenses, the parties have stipulated that Tancredi and
Matta both requested a $100 per day per diem from the Authority after learning that
members of other municipal authority boards received such compensation for attending
conventions. The $100 per day payment was in addition to being reimbursed for actual
expenses incurred. The Authority has no written policy regarding per diems for attending
conventions. Neither Matta nor Tancredi sought or received approval from the Authority
Board for the per diem payment.
Matta's invoice from the Marriott Hotel, for the period June 15, 2002, to June 19,
2002, was in the total amount of $953.94. Of this total amount, $147.98 was for meal
and /or bar charges. Matta claimed and received reimbursement from the Authority for
these actual meal and /or beverage expenses totaling $147.98 from the Marriott Hotel while
simultaneously requesting a $100 per day per diem from the Authority Board.
Matta joined the Tancredis for a meal at the Crescent City Brewhouse on June 18,
2002. Total charges incurred were $91.25. Tancredi was reimbursed by the Authority for
the entire amount. Matta collected a $100 per diem for June 18, 2002, while having this
meal paid for by Tancredi. Matta was reimbursed $16.15 for drinks purchased at the
Crescent City Brewhouse on June 18, 2002.
Matta also submitted a receipt from "Selective Creations" in the amount of $78.38
for the purchase of an undisclosed item. Written on the receipt was a notation that the
charge was refused.
Including airfare, the total reimbursement paid by the Authority to Matta for the New
Orleans trip was $2,125.15. Of this amount reimbursed by the Authority, $217.00 was in
excess of Matta's and Tancredi's actual airfares; $500.00 was for per diems not authorized
by the Authority Board; and $157.15 was for alcoholic beverages.
The 2003 AWWA annual conference in Anaheim (the "Anaheim Conference "):
At an Authority Board meeting held on May 15, 2003, Faley informed the Authority
Board Members in attendance that the AWWA had made plans to hold its annual
convention in Anaheim California from June 15, 2003, through June 19, 2003 (which
conference is also referred to herein as the "Anaheim Conference "). Minutes from the May
15, 2003, Authority meeting indicate that Faley extended an invitation to the Board and
others to attend the Anaheim Conference.
Matta, Case 05 -051
Page 27
On or about May 23, 2003, Matta made round trip flight arrangements to California
for himself; Tancredi, and Tancredi's wife, Isabel Tancredi; and Cynthia Murray (Matta's
sister) and two of her children, as detailed in Fact Findings 46 -47 and 49 -50. Neither
Isabel Tancredi, Cynthia Murray, nor Cynthia Murray's children have any affiliation with the
Authority. The flight arrangements were for departure on June 14, 2003, and return on
June 19, 2003. Matta purchased all 6 round trip tickets using his personal credit card.
The total cost of the tickets was $1,365.00, calculated at $227.50 per passenger. Matta
was charged an additional travel agency service fee of $120.00, calculated at $20 per
passenger.
Tancredi and Isabel Tancredi did not go to California during the Anaheim
Conference as Tancredi became ill prior to the trip. No record exists to indicate that Matta
was charged a cancellation fee by the airline.
Between June 14, 2003, and June 19, 2003, Samuel Matta, Cynthia Murray, and
Cynthia Murray's children shared a hotel room at the Hyatt Regency Orange County hotel
located at 11999 Harbor Boulevard, Garden Grove, California. The Hyatt Regency Orange
County was not used as the headquarter hotel for the Anaheim Conference. No AWWA
sponsored activities took place at the Hyatt Regency. The room expenses were ultimately
paid by the Authority.
For an individual to attend and gain admission to the Anaheim Conference, a
registration fee was required to be paid. Neither Matta nor the Authority paid the
requisite conference registration fee for Matta to attend the Anaheim Conference. Matta
never registered to attend the Anaheim Conference. Matta did not attend any workshops,
seminars or training associated with the Anaheim Conference. Matta asserts that he
utilized his press pass to gain access to AWWA exhibit areas.
Matta completed and submitted to the Authority Expense Claim Forms seeking
reimbursement for expenses as detailed in Fact Findings 63 and 72. Matta signed the
Expense Claim Forms as the claimant certifying that the expenses detailed on the forms
were "incurred on company business" with receipts attached.
Matta claimed airfare expenses in the amount of $579.00. Matta's actual airfare
expenses were $247.50 ($227.50 plus $20 service fee), not $579.00. To document the
inaccurate claimed airfare expense, Matta submitted a travel agency itinerary invoice
dated June 3, 2003, detailing travel arrangements for Matta to fly to California at a cost of
$579. That document was an estimate rather than a paid invoice. Matta submitted the
estimate in an effort to receive reimbursement for airfare for his sister and her children.
Matta was never charged airfare in the amount of $579.00.
Matta's invoice from the Hyatt Regency Orange County hotel was in the total
amount of $1814.13, as detailed in Fact Finding 64 b. Of this total amount, Matta claimed
and received reimbursement from the Authority for actual meal and /or beverage expenses
in the amount of $232.03 while simultaneously requesting a $100 per day per diem from
the Authority.
The Hyatt Regency Orange County hotel invoice submitted by Matta also included
charges for parking a rental car that was used for personal purposes. These charges
totaled $55.00.
Matta, Case 05 -051
Page 28
The Hyatt Regency Orange County hotel invoice submitted by Matta included a
charge in the amount of $428.00 described on the invoice as "2- 3DA2 -3DC." Matta did not
claim reimbursement for this particular expense. (See, Fact Findings 63 and 65). This
expense was for 2 three day adult tickets and 2 three day children tickets to enter
Disneyland and Disney's California Adventure amusement park. One of the three day
adult Disneyland tickets was for Matta. Matta also spent one day to go to San Diego and
the San Diego Zoo. Matta also missed the first and last day of the conference due to his
flight schedule. Matta admits going to Disneyland to meet his relatives on three evenings.
Matta requested and received reimbursement from the Authority for a non - existent
$200 cancellation fee. The notation on the Expense Claim Form for this claimed expense
bears the notation, "Cancellation fee J.T." (Fact Finding 63). Per the Stipulated Findings,
Matta was not assessed a $200.00 cancellation fee for the tickets not used by the
Tancredis.
Including airfare, the total reimbursement paid by the Authority to Matta for the
Anaheim Conference was $2,665.13, consisting of check #16841 in the amount of
$2,165.13, which was never approved by the Authority Board at a Board meeting, and
check #16781 in the amount of $500 for per diems that were never approved by the
Authority Board. (Fact Findings 69, 73, 74).
Of the total amount reimbursed to Matta by the Authority for the Anaheim
Conference, $879.22 was for 4 days lodging while Matta went to Disneyland and San
Diego; $331.50 was in excess of Matta's actual airfare plus service fee ($227.50 plus $20);
$200 was in excess of any expenses incurred for flight cancellation; $500.00 was for per
diems not authorized by the Authority Board; and $55 was for parking a rental car used for
personal purposes.
The 2004 AWWA annual conference in Orlando (the "Orlando Conference "):
The 2004 AWWA annual convention was held from June 13, 2004, through June
16, 2004, in Orlando, Florida (which conference is also referred to herein as the "Orlando
Conference "). Authority Board meeting minutes do not include any recorded discussions
or Board vote regarding Authority members attending the Orlando Conference.
On or about May 14, 2004, Matta made round trip flight arrangements to Tampa,
Florida for himself; Cynthia Murray (Matta's sister) and two of her children; and Thomas
Murray (Matta's brother -in -law) as detailed in Fact Findings 82 -84. The flight
arrangements were for departure on June 12, 2004, and return on June 19, 2004. Matta
purchased all five round trip tickets using his personal credit card. The total cost of the
tickets was $1,240.00, with three tickets costing $218.20 each, two tickets costing $230.20
each, and additional travel agency service fees totaling $125.00.
The Orlando Conference was held at the Orange County Convention Center with
the Peabody Orlando Hotel serving as the convention hotel. Registration and conference
admission procedures for 2004 were the same as for prior year's conventions. For an
individual to attend and gain admission to the Orlando Conference, a registration fee was
required to be paid. Neither Matta nor the Authority paid the requisite conference
registration fee for Matta to attend the Orlando Conference. Matta never registered for the
Orlando Conference. Business records of the AWWA include no record of Matta attending
seminars or other workshops associated with the Orlando Conference. As in prior years,
individuals were denied access to AWWA classes, events, seminars, and exhibits without
a valid ID badge. No ID badges were issued to Matta for the Orlando Conference. Matta
asserts that he used his press credentials to access AWWA exhibit areas in which he was
interested.
Matta, Case 05 -051
Page 29
From June 12, 2004, through the morning of June 19, 2004, Matta and his family
members stayed in a three bedroom condo located in Kissimmee, Florida. The condo was
approximately 18 minutes from the Orange County Convention Center and Peabody
Orlando Hotel host sites of the Orlando Conference. Matta stayed at the condo one day
prior to the start and two days beyond the official end of the Orlando Conference.
Matta was invoiced in the amount of $982.96 for the condo rental, calculated as
detailed in Fact Finding 88a. Matta paid for the condo using a personal check.
On or about June 30, 2004, Matta provided invoices and /or receipts to Faley for
reimbursement purposes. Faley completed an Expense Claim Form for Matta dated June
30, 2004. Matta requested reimbursement for hotel expenses in the amount of $744
calculated at $186 per night for four nights; airfare in the amount of $295; and a "fee" in the
amount of $50. This form was not signed by Matta or Faley.
Matta represented paying $186.00 per night for a hotel room when he actually
stayed in a condominium costing $119 per night. Matta also misrepresented his actual
airfare costs on the invoices. Airfare was listed as costing $295. Matta's actual airfare
cost was $243.20 ($218.20 for the ticket plus a $25 agency fee), resulting in a difference of
$51.80.
Matta received two reimbursement payments totaling $1,589.00 for expenses
purportedly incurred attending the Orlando Conference. Of that total amount reimbursed
by the Authority: $500.00 was for per diems not authorized by the Authority Board; $268.00
was in excess of the actual expenses Matta incurred for 4 days lodging; and $51.80 was in
excess of the amount actually expended by Matta for airfare.
Statements of Financial Interests:
Turning to the Stipulated Findings regarding Matta's Statements of Financial
Interests (SFIs), since 2002, Matta has been employed by the Hazleton Standard Speaker
located at 21 N. Wyoming St., Hazleton, PA 18201. Matta did not disclose income he
received in excess of $1,300 annually from the Hazelton Standard Speaker on SFIs filed
for calendar years 2002 through 2004.
Matta received the following wages from the Authority while not having SFIs
properly filed with the Authority for calendar years 2002 through 2004:
Year Amount
2002 $ 390
2003 $ 650
2004 $ 520
$1,560
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in
relation to the above allegations:
a. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred when Matta requested and received per diem
expense payments of $100 per day for fifteen days in
Matta, Case 05 -051
Page 30
relation to his travel to attend conferences of the
American Water Works Association in the years 2002
through 2004 inclusive when such per diem expense
payments were not officially authorized by the Authority
Board; and
b. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred in relation to Matta's travel to the American
Water Works Association (2002) Conference in New
Orleans, LA when he requested and received expense
reimbursements in excess of the amounts he actually
expended for his transportation and when he requested
and received reimbursement for alcoholic beverages
purchased for himself and others; and
c. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred in relation to Matta's travel to the American
Water Works Association (2003) Conference in
Anaheim, CA where he attended a conference and an
Authority related dinner; when he requested and
received expense reimbursement in excess of the
amount he actually expended for his own
transportation; when he requested and received hotel
reimbursement for lodging for four days when he was
personally sightseeing and when he requested and
received reimbursement for parking charges incurred
for a vehicle that was used for personal purposes; and
d. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Law, 65 Pa.C.S. §1103(a)
occurred in relation to Matta's travel to the American
Water Works Association (2004) Conference in
Orlando, FL when he requested and received
reimbursement for lodging expenses [and] for his
airfare in excess of the amount actually incurred; and
e. That a violation of Section 1105(b)(5) of the Public
Official and Employee Ethics Law, 65 Pa.C.S.
§1105(b)(5) occurred when Matta failed to disclose
sources of income on Statements of Financial Interests
filed for the 2002, 2003 and 2004 calendar years.
4. Matta agrees to make payment in the amount of $4,690 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
5. To the extent that Matta has not already done so, Matta is
directed to file amended Statements of Financial Interests for
the years 2002 -2004 inclusive, correcting all deficiencies
contained thereon.
6. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
Matta, Case 05 -051
Page 31
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.
Consent Agreement, at 2 -3.
In considering the allegations in light of the Stipulated Findings and Consent
Agreement, we conclude that the recommended violations have been established. Cf.,
Tancredi, Order 1434; Hoover, Order 1348; Sullivan, Order 1245; Choura, Order 942.
With respect to the first recommended violation of Section 1103(a), Matta used the
authority of public office by submitting claims for unauthorized per diem expense payments
for attendance at AWWA conferences in the years 2002 through 2004 inclusive. Matta
received such unauthorized per diem expense payments at a rate of $100 per day for five
days as to each of the three annual conferences in question. The resulting payments to
Matta of the per diem expenses in the amount of $500 per conference for a total of $1500
constituted a private pecuniary benefit because the Authority Board had not authorized per
diem expense payments for the conferences. We determine that the unauthorized per
diem expense payments requested and received by Matta in the total amount of $1500
were especially significant under the facts of this case, where Matta not only received the
unauthorized per diem expense payments but also submitted actual meal and beverage
expenses for days for which he had claimed the per diem. See, Tancredi, Order 1434.
We hold that a violation of Section 1103(a) of the Ethics Act occurred when Matta
requested and received per diem expense payments of $100 per day for fifteen days in
relation to his travel to attend conferences of the AWWA in the years 2002 through 2004
inclusive when such per diem expense payments were not officially authorized by the
Authority Board.
With regard to the 2002 AWWA annual conference (the New Orleans
Conference "), Matta used the authority of office by participating in the unanimous vote of
the Authority Board approving attendance at the New Orleans Conference. Matta went to
New Orleans during the New Orleans Conference, but he never registered to attend the
conference, and he did not attend any workshops, seminars or training associated with the
New Orleans Conference.
Matta further used the authority of office by submitting an Expense Claim Form to
the Authority for expenses relative to the New Orleans Conference as detailed in Fact
Finding 33. Matta signed the Expense Claim Form as the claimant, certifying that the
expenses detailed on the form were "incurred on company business" with receipts
attached. Including airfare, the total reimbursement paid by the Authority to Matta for the
New Orleans trip was $2,125.15. Of this amount reimbursed by the Authority, $217.00 was
in excess of Matta's and Tancredi's actual airfares; $500.00 was for the aforesaid per
diems not authorized by the Authority Board; and $157.15 was for alcoholic beverages.
We accept the recommendation of the parties as set forth in the Consent Agreement
and hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Matta's
travel to the AWWA (2002) Conference in New Orleans, Louisiana, when he requested
and received expense reimbursements in excess of the amounts he actually expended for
his transportation and when he requested and received reimbursement for alcoholic
beverages purchased for himself and others.
We are mindful of the recent judicial decision in Bixlerv. State Ethics Commission,
Matta, Case 05 -051
Page 32
847 A.2d 785 (Pa. Cmwlth. 2004) (holding that a net profit in the amount of $561.77
resulting from business transactions between a township supervisor's employer and the
township would fall within the "de minimis" exclusion to the definition of "conflict of
interest "). However, the parties have entered into a comprehensive Consent Agreement,
and the parties are in agreement that a violation of Section 1103(a) as to the aforesaid
expenses for alcoholic beverages and excess airfare would be appropriate as part of an
overall settlement of this case. We shall accept the parties' proposed disposition.
With regard to the 2003 AWWA annual conference (the "Anaheim Conference "),
Matta and certain of his family members were in California during the Anaheim
Conference, but Matta never registered to attend the conference, and he did not attend
any workshops, seminars or training associated with the Anaheim Conference. Matta did
purchase tickets to Disneyland, including a 3 day adult ticket for himself. Matta also spent
one day to go to San Diego and the San Diego Zoo. Matta missed the first and last days
of the conference due to his flight schedule.
Matta used the authority of office by completing and submitting to the Authority
Expense Claim Forms seeking reimbursement for expenses as detailed in Fact Findings
63 and 72. Matta signed the Expense Claim Forms as the claimant certifying that the
expenses detailed on the forms were "incurred on company business" with receipts
attached.
Including airfare, the total reimbursement paid by the Authority to Matta for the
Anaheim Conference was $2,665.13, consisting of check #16841 in the amount of
$2,165.13, which was never approved by the Authority Board at a Board meeting, and
check #16781 in the amount of $500 for per diems that were never approved by the
Authority Board. (Fact Findings 69, 73, 74).
Of the total amount reimbursed to Matta by the Authority for the Anaheim
Conference, $879.22 was for 4 days lodging while Matta went to Disneyland and San
Diego; $331.50 was in excess of Matta's actual airfare plus service fee ($227.50 plus $20);
$200 was in excess of any expenses incurred for flight cancellation; $500.00 was for the
aforesaid per diems not authorized by the Authority Board; and $55 was for parking a
rental car used for personal purposes. These amounts represented a private pecuniary
benefit to Matta. There is no authorization in law permitting an Authority Member to
receive reimbursement from Authority funds for such unauthorized /personal expenses.
With each element of a violation established, we hold that a violation of Section
1103(a) of the Ethics Act occurred in relation to Matta's travel to the AWWA (2003)
Conference in Anaheim, California, when he requested and received expense
reimbursement in excess of the amount he actually expended for his own transportation;
when he requested and received hotel reimbursement for lodging for four days when he
was personally sightseeing and when he requested and received reimbursement for
parking charges incurred for a vehicle that was used for personal purposes.
With regard to the 2004 AWWA annual conference (the "Orlando Conference "),
Matta and certain of his family members were in Orlando, Florida during the Orlando
Conference, but Matta never registered to attend the conference, and business records of
the AWWA include no record of Matta attending seminars or other workshops associated
with the Orlando Conference.
From June 12, 2004, through the morning of June 19, 2004, Matta and his family
members stayed in a three bedroom condo located in Kissimmee, Florida. Matta stayed at
the condo one day prior to the start and two days beyond the official end of the Orlando
Conference.
Matta, Case 05 -051
Page 33
Matta used the authority of office by submitting to Faley invoices and /or receipts
seeking reimbursement from the Authority for expenses as detailed in Fact Findings 91 -94.
Faley completed an Expense Claim Form for Matta dated June 30, 2004. Matta requested
reimbursement for hotel expenses in the amount of $744 calculated at $186 per night for
four nights; airfare in the amount of $295; and a "fee" in the amount of $50. The Expense
Claim Form was not signed by Matta or Faley.
Matta received two reimbursement payments totaling $1,589.00 for expenses
purportedly incurred attending the Orlando Conference. Of that total amount reimbursed
by the Authority: $500.00 was for the aforesaid per diems not authorized by the Authority
Board; $268.00 was in excess of the actual expenses Matta incurred for 4 days lodging;
and $51.80 was in excess of the amount actually expended by Matta for airfare. These
amounts represented a private pecuniary benefit to Matta. There is no authorization in law
permitting an Authority Member to receive reimbursement from Authority funds for such
unauthorized /personal expenses.
With respect to the excess reimbursement for lodging expenses and airfare
expenses, we are again cognizant of Bixler, supra, but per the Consent Agreement of the
parties, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to
Matta's travel to the AWWA (2004) Conference in Orlando, Florida, when he requested
and received reimbursement for lodging expenses and for his airfare in excess of the
amount actually incurred.
Turning to the allegation regarding Matta's SFIs, the parties have stipulated that
Matta did not disclose income he received in excess of $1,300 annually from the Hazelton
Standard Speaker on SFIs filed for calendar years 2002 through 2004. Accordingly, we
hold that a violation of Section 1105(b)(5) of the Ethics Act occurred when Matta failed to
disclose source(s) of income on SFIs filed for the 2002, 2003 and 2004 calendar years.
As for Section 1104(d) of the Ethics Act, it appears that the Investigative Division in
the exercise of prosecutorial discretion has elected to non pros this allegation.
Matta has agreed to pay restitution in the amount of $4,690 in settlement of this
matter, payable to the Commonwealth of Pennsylvania and forwarded to this Commission
within thirty (30) days of the issuance of the final adjudication in this matter.
Additionally, to the extent Matta has not already done so, he has agreed to file
amended SFIs for calendar years 2002 through 2004 inclusive, correcting all deficiencies.
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, per the Consent Agreement of the parties, Matta is directed to pay
restitution in the amount of $4,690 payable to the Commonwealth of Pennsylvania and
forwarded to this Commission within thirty (30) days of the issuance of this Order.
To the extent Matta has not already done so, Matta is directed to file amended SFIs
for calendar years 2002 through 2004 inclusive with the Authority within thirty (30) days of
the issuance of this Order, correcting all deficiencies and providing full financial disclosure
as required by the Ethics Act, and to forward a copy of each of the aforesaid amended
SFIs to this Commission for compliance verification purposes.
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.
Matta, Case 05 -051
Page 34
IV. CONCLUSIONS OF LAW:
1. Respondent Samuel J. Matta ( "Matta "), as a Member and Vice Chairman of the
Shenandoah Municipal Authority ( "Authority ") in Schuylkill County for approximately
ten years, has at all times relevant to these proceedings 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. Matta violated Section 1103(a) of the Ethics Act when he requested and received
per diem expense payments of $100 per day for fifteen days in relation to his travel
to attend conferences of the American Water Works Association ( "AWWA ") in the
years 2002 through 2004 inclusive when such per diem expense payments were not
officially authorized by the Authority Board.
3. Matta violated Section 1103(a) of the Ethics Act in relation to his travel to the
AWWA (2002) Conference in New Orleans, Louisiana, when he requested and
received expense reimbursements in excess of the amounts he actually expended
for his transportation and when he requested and received reimbursement for
alcoholic beverages purchased for himself and others.
4. Matta violated Section 1103(a) of the Ethics Act in relation to his travel to the
AWWA (2003) Conference in Anaheim, California, when he requested and received
expense reimbursement in excess of the amount he actually expended for his own
transportation; when he requested and received hotel reimbursement for lodging for
four days when he was personally sightseeing and when he requested and received
reimbursement for parking charges incurred for a vehicle that was used for personal
purposes.
5. Matta violated Section 1103(a) of the Ethics Act in relation to his travel to the
AWWA (2004) Conference in Orlando, Florida, when he requested and received
reimbursement for lodging expenses and for his airfare in excess of the amount
actually incurred.
6. Matta violated Section 1105(b)(5) of the Ethics Act when he failed to disclose
source(s) of income on Statements of Financial Interests filed for the 2002, 2003
and 2004 calendar years.
7 Restitution is warranted.
In Re: Samuel J. Matta,
Respondent
ORDER NO. 1439
File Docket: 05 -051
Date Decided: 6/11/07
Date Mailed: 6/29/07
1 Respondent Samuel J. Matta ( "Matta "), a public official in his capacity as a Member
and Vice Chairman of the Shenandoah Municipal Authority ( "Authority ") in Schuylkill
County, violated Section 1103(a) of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he requested and received per diem
expense payments of $100 per day for fifteen days in relation to his travel to attend
conferences of the American Water Works Association ( "AWWA ") in the years 2002
through 2004 inclusive when such per diem expense payments were not officially
authorized by the Authority Board.
2. Matta violated Section 1103(a) of the Ethics Act in relation to his travel to the
AWWA (2002) Conference in New Orleans, Louisiana, when he requested and
received expense reimbursements in excess of the amounts he actually expended
for his transportation and when he requested and received reimbursement for
alcoholic beverages purchased for himself and others.
3. Matta violated Section 1103(a) of the Ethics Act in relation to his travel to the
AWWA (2003) Conference in Anaheim, California, when he requested and received
expense reimbursement in excess of the amount he actually expended for his own
transportation; when he requested and received hotel reimbursement for lodging for
four days when he was personally sightseeing and when he requested and received
reimbursement for parking charges incurred for a vehicle that was used for personal
purposes.
4. Matta violated Section 1103(a) of the Ethics Act in relation to his travel to the
AWWA (2004) Conference in Orlando, Florida, when he requested and received
reimbursement for lodging expenses and for his airfare in excess of the amount
actually incurred.
5. Matta violated Section 1105(b)(5) of the Ethics Act when he failed to disclose
source(s) of income on Statements of Financial Interests filed for the 2002, 2003
and 2004 calendar years.
6. Per the Consent Agreement of the parties, Matta is directed to pay restitution in the
amount of $4,690 payable to the Commonwealth of Pennsylvania and forwarded to
this Commission within thirty (30) days of the issuance of this Order.
7 To the extent Matta has not already done so, Matta is directed to file amended
Statements of Financial Interests for calendar years 2002 through 2004 inclusive
with the Authority within thirty (30) days of the issuance of this Order, correcting all
deficiencies and providing full financial disclosure as required by the Ethics Act,
and to forward a copy of each of the aforesaid amended Statements of Financial
Interests to this Commission for compliance verification purposes.
8. Compliance with Paragraphs 6 and 7 of this Order will result in the closing of this
case with no further action by this Commission.
Matta, Case 05 -051
Page 36
a. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Louis W. Fryman, Chair