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Home My WebLink About1750 Peconi-BiricocchiPHONE: 717 - 783 -1610 TOLL FREE: 1- 800 -932 -0936 0.` STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120 -0400 In Re: Karen Peconi - Biricocchi, File Docket: Respondent X -ref: Date Decided Date Mailed: FACSIMILE: 717 -787 -0806 WEBSITE: www.ethics.f2a.gov 17008 Order No. 1750 516/19 519119 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Monique Myatt Galloway Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et se q., 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 were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. ALLEGATIONS: That Karen Peconi - Biricocchi, a public official /public employee in her ca acity as a Member of the City of Arnold Civil Service Board, violated Sections 1103(af 1104(d), 1105(b ).(5), and 1105(b)(8) of the State Ethics Act (Act 93 of 1998) when she utilized the authors y of her public position and/or confidential information obtained as a result of her holding public office, to effectuate a private pecuniary benefit for her son, by articipating in actions of the Civil Service Board at a time when her son was a candidate for civil service employment with the City, including but not limited to: amending oral exam questions, contacting applicants (including her son), scheduling examinations, and recording applicant final scores, when as a Member of Council for the City of Arnold, Peconi- Biricocchi utilized the authority of her public position and/or confidential information obtained as a result of her holding public office, to effectuate a private pecuniary benefit for her son, by participating in discussion and actions of City Council at a time when she knew her son was a final candidate for consideration of employment with the City, including: deliberating and voting to approve the hiring of a police officer, voting in opposition to the hirin of competing candidates of her son, and lobbying /threatening legal action against City Council to effectuate the hiring of her son as a police officer; when, as the Mayor of the City of Arnold, Peconi - Biricocchi utilized the authority of her public position to effectuate a private pecuniary benefit for her son, when she authorized an increase in annual leave allocations to her son, a member of the Police Department, contrary to the terms and conditions within the police union contract; and when she filed deficient Statements of Financial Interests for calendar years 2014, 2015, and 2016 by failing to disclose income from the City of Arnold, as well as failing to disclose any and all office, directorship or Peconi- Biricocchi, 17 -008 Page employment of any nature whatsoever in any business entity, namely her employment by Verizon. II. FINDINGS: 1. Karen Peconi - Biricocchi (a /k/a Karen Peconi or Karen Biricocchi), hereinafter referred to as "Biricocchi," has served as Mayor of the City of Arnold ( "City "), Westmoreland County, from January 4, 2016, through the present. a. Biricocchi previously served as a Member of Council for the City of Arnold from January 6, 2014, to January 4, 2016. 1. Biricocchi resigned her seat on Council effective January 4, 2016, in order to take office as the Mayor. b. Biricocchi also previously served as a Member of the City of Arnold Civil Service Board (alkla Civil Service Commission), hereinafter referred to as the "CSB," from at least March 10, 2009, through March 26, 2014. 1. Biricocchi conducted the majority of the clerical tasks for the CSB in 2013 at a minimum. 2. Biricocchi resigned from the CSB effective March 26, 2014, in order to continue in office as a Member of Council. 2. The City is a Third Class City governed by a four - Member Council and a Mayor. a. The City holds one regularly scheduled legislative meeting per month on the second Tuesday of each month. 1. The City does not hold regularly scheduled agenda /workshop meetings. b. The City holds special meetings as necessary. 3. Council Members and the Mayor receive a salary for services rendered in their capacity as public officials. a. Council Members receive $2,100.00 annually for their service as public officials. b. The Mayor receives $3,600.00 annually for his/her service as a public official. 4. Voting at Council meetings is conducted in individual roll call fashion. a. Abstentions and /or objections cast are specifically noted within the meeting minutes. 1. Minutes of each meeting are approved for accuracy at the subsequent meeting. b. The Mayor has voting rights and is considered a Member of Council for voting purposes. 5. Council, the Mayor, and the City Solicitor are provided with a meeting agenda approximately one week prior to the legislative meeting as well as a meeting packet at their seats in Council chambers prior to the convening of the legislative meeting. Peconi- Biricocchi, 17 -008 ag_e 9 a. The agenda and meeting packets are organized by the City Manager. b. The meeting packets routinely consist of the upcoming a draft of the prior month's meeting minutes, multiple reports reasurer's report, Police report, Fire report, Community Development report, etc.), applicable correspondence, etc. 6. The Cit routinely issues payroll to City employees on the 15th and 30th of every month (semi- monthly). a. No specific vote is taken at City meetings to formally approve payroll issued and/or payroll to be issued. 7. City employees automatically receive their base salary twice per month unless the number of hours worked is less than that established for the respective employee. a. City department heads (such as the City Police Chief or City Foreman) are responsible for informing the City Controller if any employees worked less than their required hours during a pay period. 1. The City Controller adjusts payroll for applicable employees as needed to account for the number of regular hours which were not worked during the pay period. 8. City department heads also provide the City Controller with a summary sheet which identifies City employees who worked overtime during a specific pay period. a. Any wages received by a City employee beyond his /her base salary (e.g., overtime) are issued via check separate from his /her base wage check. THE FOLLOWING FINDINGS PROVIDE PROCEDURAL INFORMATION IN RELATION TO THE CSB, CIVIL SERVICE TESTING FOR THE CITY, AND THE HIRING OF CANDIDATES BY COUNCIL. 9. The City utilizes the CSB to schedule, organize, and score civil service exams for creation of an eligibility list of individuals interested in employment with the City Police Department. a. Individuals serving on the CSB are appointed by Council. b. Lists generated from civil service exams conducted are valid for a two -year time period; however, testing may be conducted any time at the discretion of Council. 10. Civil service mandates are identified within the Third Class City Code ( "Code ") under Article XLIV, Civil Service. a. Article XLIV, Civil Service, consists of multiple Sections which identify Code mandates for civil service, including, among others, the following: 1. Section 4401 which mandates, in part, that no one may be appointed to any position whatsoever in the police department except as otherwise provided by law without having first passed all required exams and been appointed in the manner and according to the terms and provisions of Article XLIV. Peconi- Biricocchi, 17 -008 age 2. Section 4402 which mandates, in part, that a three - member civil service board exist for the examination of applicants for appointment to any position in the police department. 3. Section 4404 which mandates, in part, that the civil service board is to prepare and adopt rules and regulations to cover the selection and appointment of all persons to be employed /appointed in the city in order to secure the best service for the public. aa. The rules and regulations are to provide for the ascertaining and determining of physical qualifications, habits, reputation, standing, experience, and education of all applicants. bb. The rules and regulations are also to provide for exams upon any and all subjects deemed proper or necessary by the civil i service board for the purpose of determining their qualfications for the position applied for and sought. 4. Section 4408 which mandates, in part, that the civil service board make and keep a list in numerical order of the names of all applicants for civil service positions in the city who pass the required exams. aa. If more than one individual takes an exam for any position at the same time, the names of all those successfully passing the exam are to be entered on an eligibility list in the order of their respective percentages with the highest documented first. bb. When a vacancy occurs in any civil service position in the city, the city council is to make written application to the president of the civil service board, who is to provide and certify the three names on the eligibility list with the highest percentage scores. cc. The director of the department in which the appointment is to be made is to nominate to the city council a person from the eligibility list to fill the vacancy. dd. No mandate exists within the Code that requires the person with the highest percentage score on the eligibility list to be presented to the city council for first consideration. ee. Any applicant submitted to the city council for appointment three times and rejected by the city council all three Mmes is to be stricken from the eligibility list. 11. The CSB has adopted multiple Rules and Regulations to assist in civil service matters per Section 4404 of the Code. a. The CSB has revised and adopted its Rules and Regulations a minimum of three times since October 2013. 12. The CSB has historically utilized the Code as well as its own Civil Service Rules and Regulations for procedural guidance in relation to testing procedures, requirements, hiring, etc. a. The City utilizes Bill Gamble ( "Gamble "), Police /Fire Testing Personnel Management Consultant, to schedule the physical agility exam and the written exam and to administer the written exam. Peconi- Biricocchi, 17 -008 age b. The City civil service testing and hiring process generally follows the procedures detailed below: 1. Activation of the CSB by Council to initiate testing; 2. Scheduling of the physical agility exam and the written exam; 3. The physical agility exam and the written exam are held on the same day at the Allegheny County Police Academy; aa. An Allegheny County Police Academy empplo ee administers the physical agility exam immediately prior to the written exam. 4. Advertisement of the application procedure as well as the date, time, and place of the scheduled written exam in at least one newspaper of general circulation in Westmoreland Count t local college {s} that tyI conduct law enforcement classes, at the le heny County Police Academy, and on the bulletin board in City Hall; 5. The distribution of candidate application packets to candidates and the acceptance of candidate application packets from candidates by CSB Members; aa. The City Clerk and/or City Administrative Assistant may also issue and/or receive candidate application packets. 6. Organization and review of candidate application packets received to ensure that all required information, documents, certifications, etc., are present; 7. Generation of a register of qualified applicants and assignment of a number to each candidate for confidentiality purposes; 8. Notification of qualified applicants via the United States Postal Service of their candidate number as well as the date, time, and location of the physical agility and written exams; 9. Completion of the physical agility exam and the written exam; aa. Candidates are required to successfully pass the physical agility exam in order to proceed to the written exam. 1. The physical agility exam is a pass /fail exam. bb. Candidates are required to score a minimum of 70% on the written exam to proceed to the oral exam. 10. Scoring of the written exam by Gamble and forwarding of the results to a Member of the CSB; 11. Notification from the CSB to the successful candidates, announcement of the date, time, and location of the oral exam, and completion of the oral exam; aa. The oral exam consists of multiple questions posed to candidates by a three- member panel of police chiefs and /or law enforcement officials from surrounding areas. Peconi- Biricocchi, 17 -008 Page The sitting City Police Chief traditionally identifies and contacts the individuals to serve on the panel. However, this is not a rule per se. 2. Each member of the panel subjectively scores each candidate's response to each question. 12. Compilation of the scores by the CSB for each candidate participating in the oral exam and combination of the oral exam score with each candidate's written exam score to identity each candidate's overall total score; aa. The total written exam final score carries 70% of the weight of each candidate's total score. bb. The oral exam final score carries 30% of the weight of each candidate's total score. 13. Generation of a register of candidates who successfully passed all facets of the testing process based on highest to lowest overall percentage score; 14. Presentation of a copy of the eligibility list documenting the top three overall scoring candidates to the Mayor and Council for consideration upon request; and 15. Recommendation of the top three overall scoring applicants from the eligibility list to Council at a public meeting when a vacancy is to be filled. THE FOLLOWING FINDINGS RELATE TO THE CITY'S 2013 CIVIL SERVICE EXAM, BIRICOCCHI'S ROLE IN THE EXAM PROCESS, AND THE HIRING OF WESLEY BIRICOCCHI AS A CITY POLICE OFFICER. 13. At Council's May 14, 2013, regular meeting, a motion was made by Mayor Larry Milito ( "Milito "), seconded by Council Member Dave Horvat, to activate the CSB. a. The vote to activate the CSB carried 4 -0. b. The CSB consisted of Biricocchi, Nicki Fabian ( "Fabian "), and Margie Brown ( "Brown ") at that time. 1. Biricocchi handled the majority of the clerical duties of the CSB in 2013. 14. City Clerk Floyd Newingham ( °Newingham ") subsequently issued correspondence to Biricocchi dated July 17, 2013, documenting that Council had "re- activated" the CSB. a. The correspondence documented Newingham's request that Biricocchi meet with the other CSB Members to implement the application and testing process in order to provide the City with an updated eligibility list. 1. Biricocchi did not schedule or hold any meeting with the other CSB Members as requested in the correspondence. However, telephone [communication] between the CSB Members did occur. Peconi- Biricocchi, 17 -008 age 7 16. As a Member of the CSB, Biricocchi was involved with aspects of the applicant testing including, but not limited to, contacting the test administrator, registering applicants at the time of testing, compiling applicant test scores, and selecting the oral exam administrators. 16. Biricocchi contacted Gamble and arranged Gamble's services for scheduling and conducting the physical agility exam and the written exam. Gamble had been used as a matter of course by previous CSBs. a. Biricocchi initiated telephone calls to and/or received telephone calls from Gamble on at least seven separate occasions between September 10, 2013, and November 11, 2013, prior to the physical agility examlwritten exam and on at least one occasion on November 16, 2013, after the physical agility exam/written exam, as detailed below: b. None of the other CSB Members participated in the decision to retain Gamble's services. 17. The City advertised the availability of application packets at the City Municipal Building, the general requirements, and the physical agility /written exam testing date for the position of full -time police officer in the October 4, 2013, October 9, 2013, and October 11, 2013, editions of the Tribune - Review. a. Application packets were available as of October 7, 2013, with a return deadline of October 21, 2013, at 12:00 p.m. b. The physical agility /written exam date was documented as November 12, 2013, beginning at 9:00 a.m. at the Allegheny County Police Academy. 18. Wesley Biricocchi is Biricocchi's son. a. Wesley Biricocchi obtained and completed an application packet to participate in the civil service exam. b. Wesley Biricocchi returned his application packet to the City Municipal Building on October 14, 2013. 19. On or about October 28, 2013, Newingham rovided Biricocchi with a written summary report regarding applications received pfor the November 12, 2013, police testing. a. Newingham determined that of the fourteen application packets that had been distributed, eleven had been returned and [those eleven applicants] could potentially be tested. Incomin from/ Date Number Minutes Outgoing to Individual Tuesday, September 10, 2013 412- 427 -8625 4 Outgoing to Bill Gamble Monday, September 23, 2013 412 - 427 -8625 2 Outgoing to Bill Gamble Wednesday, October 2, 2013 412 -427 -8625 10 Outgoing to Bill Gamble Tuesday, October 15, 2013 412 - 427 -8625 2 Incoming from Bill Gamble Friday, October 18, 2013 412 - 427 -8625 2 Incoming from Bill Gamble Wednesday, October 30, 2013 412 - 427 -8625 9 Outgoing to Bill Gamble Monday, November 11, 2013 412 - 427 -8625 11 Incoming from Bill Gamble Saturday, November 16, 2013 412 - 427 -8625 28 Outgoing to Bill Gamble b. None of the other CSB Members participated in the decision to retain Gamble's services. 17. The City advertised the availability of application packets at the City Municipal Building, the general requirements, and the physical agility /written exam testing date for the position of full -time police officer in the October 4, 2013, October 9, 2013, and October 11, 2013, editions of the Tribune - Review. a. Application packets were available as of October 7, 2013, with a return deadline of October 21, 2013, at 12:00 p.m. b. The physical agility /written exam date was documented as November 12, 2013, beginning at 9:00 a.m. at the Allegheny County Police Academy. 18. Wesley Biricocchi is Biricocchi's son. a. Wesley Biricocchi obtained and completed an application packet to participate in the civil service exam. b. Wesley Biricocchi returned his application packet to the City Municipal Building on October 14, 2013. 19. On or about October 28, 2013, Newingham rovided Biricocchi with a written summary report regarding applications received pfor the November 12, 2013, police testing. a. Newingham determined that of the fourteen application packets that had been distributed, eleven had been returned and [those eleven applicants] could potentially be tested. Peconi- Biricocchi, 17 -008 age Newingham reported that one application packet was returned for a refund and two were not returned at all. b. Newin ham advised Biricocchi that three of the eleven applicants had to be contacted and instructed to supply records of their Act 120 certifications. C. Wesley Biricocchi was identified on the report as one of the three applicants to be contacted. d. Biricocchi continued her active involvement as a Member of the CSB [with regard to the] testing of police officer applicants even after she became aware that her son was an applicant. 20. Biricocchi contacted each of the three candidates identified by Newingham on the summary report via telephone on October 29, 2013. a. Biricocchi instructed each candidate to bring his Act 120 certification to the City Clerk by November 8, 2013, or to have it available for presentation at the testing site on November 12, 2013. 21. The City's civil service physical agility exam was conducted on November 12, 2013, at the Allegheny County Police Academy. a. Five candidates, including Wesley Biricocchi, successfully completed the physical agility exam. Each candidate who successfully completed the physical agility exam was assigned an ID Number ranging from 01 through 05. aa. Wesley Biricocchi (assigned ID Number 02) successfully passed the physical agility exam. 22. Biricocchi was present, along with CSB Member Fabian, at the Allegheny County Police Academy prior to the start of the physical agility exam to complete setup and check -in procedures for candidates participating in the testing. a. Biricocchi and Fabian verified the identity of the candidates by comparing each candidate's identification with a copy of the identification included with his/her application filed. 23. The civil service written exam was conducted in an Allegheny County Police Academy classroom on November 12, 2013, following the completion of the physical agility exam. a. Gamble administered and proctored the written exam. 24. Gamble sent correspondence dated November 19, 2013, to Biricocchi at the City Municipal Building, documenting that the written police officer testing process had been completed. a. Enclosed with the letter was a copy of the results of the entry level police test which had been conducted for the City on November 12, 2013. 25. Three of the five candidates who participated in the written exam obtained the required 70% minimum score to move on to the oral exam as shown below: Peconi- Biricocchi, 17 -008 Page ID dumber Co nitive % Personaii t % Final Score Rank OT-- $$� .a .21 —DT- 01 88.89 78.57 83.73 02 02 77.78 71.90 74.84 03 04 68.89 70.95 69.92 X* 05 64.44 73.33 68,89 X* ailed to achieve reauired minimum score of 70% a. Wesley Biricocchi (ID Number 02) was the lowest ranked of the three successful candidates after the written exam. 26. Biricocchi subsequently contacted three law enforcement officials to serve on the oral exam panel, scheduled the ultimate oral exam date of December 5, 2013, and scheduled each candidate's interview time slot. a. Biricocchi contacted City Patrolman Eric Doutt (previous City Police Chief) prior to receiving the results of the written exam, received contact information for potential panelists from Doutt, and subsequently contacted the individuals shown below: b. Biricocchi made the contacts without consulting the current City Police Chief or the other CSB Members with regard to the selection of the oral exam panel, the scheduling of the oral exam date, or the scheduling of the candidate interview time slots. C. Biricocchi solely made contact with the law enforcement officials who would serve on the oral exam panel, even though her son was one of the final applicants participating in the oral exam. 1. Both David Pallone and Bill Sombo had participated on City oral exam panels in the past. d. The interviewee schedule was prepared by Biricocchi. 27. Prior to December 5, 2013, Biricocchi contacted City Police Chief William Weber ( "Weber ") via telephone in relation to the oral exam. a. Biricocchi asked Weber to email her the oral exam questions so that she could provide the questions to the panelists in advance of the exam. 1. The sitting City Police Chief traditionally creates the questions for the oral exam. However, this is not a rule per se. 2. Biricocchi put herself in a position to receive the oral exam questions with the knowledge that her son was scheduled to participate in the December 5, 2013, oral exam. Inco�mmO Date Number Time Duration* utO going Individual Saturday, November 9, 2013 717 -503 -4179 229 p 8 Outgoing to David Pallone Saturday, November 9, 2013 412 -287 -2181 2:37 p 6 Outgoing to Jeff DeSimone Saturday, November 9, 2013 724- 433 -2564 2:44 p 3 Outgoing to Bill Sombo Tuesday, November 19, 2013 717 -503 -4179 7:32 p 2 Outgoing to David Pallone Tuesday, November 19, 2013 717 -503 -4179 8:21 p 14 Outgoing to David Pallone Wednesday, November 20, 2013 412- 287 -2181 3:44 p 4 Outgoing to Jeff DeSimone Wednesday, November 20, 2013 724- 433 -2564 3:48 p 2 Outgoing to Bill Sombo Wednesda ,December 4, 2013 724 - 433 -2584 12:53 3 Outgoing to Bill Sombo oration = minutes b. Biricocchi made the contacts without consulting the current City Police Chief or the other CSB Members with regard to the selection of the oral exam panel, the scheduling of the oral exam date, or the scheduling of the candidate interview time slots. C. Biricocchi solely made contact with the law enforcement officials who would serve on the oral exam panel, even though her son was one of the final applicants participating in the oral exam. 1. Both David Pallone and Bill Sombo had participated on City oral exam panels in the past. d. The interviewee schedule was prepared by Biricocchi. 27. Prior to December 5, 2013, Biricocchi contacted City Police Chief William Weber ( "Weber ") via telephone in relation to the oral exam. a. Biricocchi asked Weber to email her the oral exam questions so that she could provide the questions to the panelists in advance of the exam. 1. The sitting City Police Chief traditionally creates the questions for the oral exam. However, this is not a rule per se. 2. Biricocchi put herself in a position to receive the oral exam questions with the knowledge that her son was scheduled to participate in the December 5, 2013, oral exam. Peconi-Biricocchi, 17 -008 age b. Weber refused to supply Biricocchi with the oral exam questions prior to the oral exam. 1. Weber informed Biricocchi of his intention to supply the questions to the panelists the morning of the oral exam. 28. Jeff DeSimone ( "DeSimone "), Robert Rizzo ("Rizzo"), and David Pallone ( "Pallone ") ultimately served as panelists for the December 5, 2013, civil service oral exam. a. DeSimone was the Police Chief of the Homestead Borough Police Department at that time. 1. DeSimone had no prior knowledge of Biricocchi. b. Rizzo was a Sergeant with the North Huntingdon Township Police Department at that time. 1. Rizzo served as a substitute for Bill Sombo. 2. Rizzo had no prior knowledge of Biricocchi. C. Pallone was a retired Pennsylvania State Police Trooper at that time. 1. Pallone is the brother of attorney John Pallone, who was then the City Solicitor. 2. Biricocchi maintains a friendly relationship with the Pallone family. 29. CSB Rules and Regulations in effect in December 2013 documented various mandates under Article II, Civil Service Board, including sub- section 2.14 which detailed that the Oral Board shall be comprised of three citizens residing in Westmoreland County, "none of whom shall be members of the Board nor shall they have any official capacity with the Municipality." a. Pallone resided in Lebanon County at the time of the City's 2013 civil service oral exam. 1. Pallone resided more than 200 miles from the City at the time of the 2013 civil service oral exam. b. Pallone had also been utilized as a panelist for City civil service oral exams prior to the 2013 civil service test cycle. 30. The oral exams for the three candidates were scheduled for December 5, 2013, at 10:00 a.m., 10:30 a.m., and 11:00 a.m., respectively in the squad room of the City Public Safety Building. a. Wesley Biricocchi's oral exam was scheduled for 10:00 a.m. 31. Weber provided the panelists with a document consisting of ten typewritten questions to be presented to each candidate during the oral exam. a. An "ethics" question was substituted in place of Question Number 9 on Weber's prepared list of questions. b. Neither Weber nor any Members of the interview panel changed the question. Peconi - Biricocchi, 17 -008 age 1. Biricocchi had access to the list of questions prior to the interviews. C. The "ethics" question was substituted without any input from other CSB Members. Biricocchi handwrote the substitute question at the bottom of the last page of Weber's document. 32. Biricocchi did not consult with, inform, or seek the approval of Weber, Fabian, or Brown prior to the oral exam question being changed. 33. Biricocchi's son received the highest point total on the substitute question of any of the applicants interviewed. a. Wesley Biricocchi received thirty out of thirty possible points for the substitute question (three ten -point scores). b. Candidate 01 and Candidate 03 each received a total of three out of thirty possible points for the substitute question (each received two zero -point scores and one three -point score). 34. Upon completion of the oral exam, Biricocchi took custody of the oral exam questions, notes, and scores to record the oral exam score for each candidate. a. Biricocchi was the only CSB Member at that time who reviewed the oral exam documents and confirmed the points awarded to the candidates by each panelist for the oral exam. 1. The candidate oral exam scores are traditionally reviewed /confirmed by a minimum of two CSB Members. 2. Neither Fabian nor Brown was involved in the review /confirmation of the oral exam scores. Fabian was present when the scores were presented but left due to work obligations. b. Biricocchi participated in this process even though she was aware that her son was an applicant for the position. 35. The candidates participating in the oral exam received scores of a possible 100 - point total from each panelist that were added together and averaged as detailed below: ID Number Desimone Rizzo Pallone Total Final Score* Rank 02 89 86 ---g0 265 88.33 ZJT— 01 74 68 60 202 67.33 02 03 67 59 56 182 60.67 03 Percentage rounded to nearest hundredt a. Wesley Biricocchi received the highest score of the candidates participating in the oral exam by twenty -one overall percentage points. b. Each of the panelists individually awarded Wesley Biricocchi the highest score of all candidates participating in the oral exam. C. Wesley Biricocchi's score was skewed as a result of the high scores he received on the substitute oral exam question presented. Peconi- Biricocchi, 17 -008 age 36. Biricocchi presented the written and oral test scores for each candidate to Newingham for calculation of each candidate's overall total weighted score. a. Biricocchi was not familiar with the procedure to calculate the overall total weighted scores for the candidates. 1. A minimum of two CSB Members traditionally calculate the overall total weighted scores. 2. Biricocchi did not enlist the assistance of the other CSB Members, Fabian or Brown, to calculate the overall total weighted scores. 37. Overall total weighted scores as recorded by Biricocchi for the candidates in the City's 2013 civil service testing cycle were documented as ollows: Candidate P scal e A alit Written Score % Oral Score / Final Score %* Rank �2 as 74.84 88.33 78.89 T- 01 Passed 83.73 67.33 78.81 2 03 Passed 84.21 60.67 77.15 3 inal score percentage = 70% of the written score + 30% of the oral score a. The final eligibility list documented three successful applicants for potential employment with the City Police Department. b. Wesley Biricocchi (Candidate 02) was identified as the top overall ranked candidate on the final eligibility list by a margin of 0.08% after all testing was completed. 38. Upon taking office as a Council Member on January 6, 2014, Biricocchi began utilizing her maiden name of Peconi during Council sessions. a. Meeting minutes of January 6, 2014, as well as subsequent minutes identify Biricocchi being addressed and taking action as a Member of Council under the name Peconi. b. Biricocchi's November 5, 2013, Certificate of Election regarding her election to Council and her January 6, 2014, Oath of Office as a City elected official document her name as Karen Peconi Biricocchi. 39. Biricocchi did not formally resign her seat on the CSB until March 26, 2014, although the Code and City Civil Service Rules and Regulations prohibited concurrent service as a Member of Council and a Member of the CSB. a. Biricocchi's letter of resignation addressed to the City.Mayor and Council, dated March 26, 2014, documented, in part, the following: I am hereby submitting this letter of resignation as a member of the Arnold Civil Service Board, to be effective immediately." b. The letter was signed "Karen M. Peconi." 40. Biricocchi maintained possession of the City's 2013 civil service test documents (e.g., scoring sheets, notes, etc.) until submission of her letter of resignation from the CSB. a. Biricocchi, upon resigning from the CSB, turned over custody of the 2013 civil service test documents to Fabian. Peconi- Biricocchi, 17 -008 age b. The candidate scoring sheets were already completed when Biricocchi provided the 2013 civil service test documents to Fabian. G. No other member of the CSB had immediate access to these documents. 41. In or about late April 2014, Newingham requested and received the final eligibility list from Fabian. a. The final eligibility list documented only the three Candidate ID Numbers and each candidate's overall percentage score. 1. No names were identified on the eligibility list. 2. Biricocchi was aware of her son's numerical position /rank on the list. 42. Weber authored correspondence to Newingham dated April 24, 2014, acknowledging that background investigations had been conducted for the candidates documented on the final eligibility list. a. Each of the three candidates was identified as having a favorable background appropriate for employment with the City. 43. Weber also authored correspondence to Newingham dated April 24, 2014, regarding police applicant interviews to be conducted on April 29, 2014, by the Mayor and Council. a. Weber scheduled the interviews, which began at 5:00 p.m. with Wesley Biricocchi and continued at 30- minute intervals with each remaining candidate. 44. The Mayor and Council interviewed each candidate on April 29, 2014, at the City Municipal Building to familiarize themselves with and personally assess the candidates. a. Biricocchi was present for and participated in the candidate interviews with the exception of Wesley Biricocchi's interview. 45. The Mayor and Council, including Biricocchi, remained at the City Municipal Building after the interviews were completed and discussed the applicants. a. The majority of those present agreed that Candidates Number 01 and 02 were suitable for employment consideration but that Candidate Number 03 was not suitable for additional consideration. b. Biricocchi agreed with those present that Candidate Number 03 was not suitable for consideration. C. Biricocchi attempted to advance her son's candidacy by announcing during the discussion that Wesley Biricocchi had received the highest overall point score on the applicable civil service exam. 46. Biricocchi took part in a closed -door private discussion with Milito in Milito's office at the City Municipal Building shortly after the April 29, 2014, candidate interviews. a. The discussion between Biricocchi and Milito was not scheduled in advance. b. Biricocchi and Milito were the only individuals in Milito's office. Peconi- Biricocchi, 17 -008 age c. The sole purpose of Biricocchi meeting with Milito was to discuss the hiring of her son. 47. Biricocchi and Milito had a discussion during the meeting about the hiring of herson to fill the vacant officer position. a. Biricocchi approached Milito in his capacity(ies) as the Mayor and the Director of the City Police Department. 1. As the Director of the City Police Department, Milito was responsible for nominating /presenting a candidate to Council for employment consideration. b. Due to her position on Council, Biricocchi had unencumbered access to Milito in his office. 48. During that meeting, Milito advised Biricocchi that he had no intention of nominating Wesley Biricocchi to fill the vacant police officer position. a. Milito's position was based on Biricocchi's failure to remove herself from her position on the CSB while her son was participating in the testing process. 1. Milito was not comfortable with the appearance of nepotism if Wesley Biricocchi was hired while Biricocchi served as a Member of Council. b. Milito attempted to end the meeting by leaving the office, but while he was in the process of reaching for the door, he was stopped by Biricocchi. C. Milito told Biricocchi that he would consider it and concluded the meeting. 49. Council and the Mayor next met in executive session immediately prior to the convening of the May 13, 2014, regular meeting to discuss the hiring of a police officer. a. The appointment of a police officer was an agenda item to be addressed at the May 13, 2014, regular meeting. b. Council Member Anthony Sgalio ("Sgalio") was not present at the executive session or the regular meeting. 50. Although the appointment of a police officer was documented as an agenda item for the May 13, 2014, meeting, discussion occurred during the executive session that resulted in the matter being postponed until Sgalio was present. a. Biricocchi was present at and participated in the executive session. 51. Biricocchi continued to participate in the police officer selection process by lobbying to postpone the police officer selection. a. Biricocchi stated during the executive session discussion that no vote occurs at the May 13, 2014, regular meeting. 52. During the business portion of the May 13, 2014, regular meeting, Solicitor Pallone requested that CSB Member Fabian present Council with the names of the applicants certified by the CSB as eligible to fill the vacant position in the City Police Department. Peconi- Biricocchi, 17 -008 age a. Fabian attended the meeting to formally present the Mayor and Council with the list of eligible applicants. 53. The original May 13, 2014, regular Council meeting was reconvened on May 21, 2014. a. The Mayor [and all four] Members of Council were present at the meeting. b. The sole item presented for business at the reconvened meeting was the hiring of an officer for the City Police Department. C. During the meeting, Milito made a motion, seconded by Council Member Philip McKinley ("McKinley "), to hire a police officer for the City under the terms and conditions of the current collective bargaining agreement and any amendments or memorandums of understanding, and the motion was unanimously approved. At the time Biricocchi voted in favor of hiring a police officer for the City, she knew that her son was the overall top ranked candidate on the eligibility list. 54. Following the above vote, Milito nominated three candidates for consideration to fill the position of police officer for the City contingent upon the successful passing of a psychological and comprehensive physical exam, with a June 1, 2014, target start date. a. One of the three nominated candidates was Wesley Biricocchi, Biricocchi's son. b. Solicitor Pallone erroneously stated that Biricocchi could participate in votes against candidates as long as Biricocchi did not vote for her son. 55. The candidates nominated by Milito, in order, were: a. Candidate Number 03: The roll call vote taken to fill the position with Candidate Number 03 failed via unanimous 0 -5 vote with Biricocchi voting to oppose the hiring. 2. Biricocchi voted against the hiring of Candidate Number 03 with the knowledge that her son was a competing candidate to fill the vacant position with the City Police Department. b. Wesley Biricocchi: The roll call vote taken to fill the position with Wesley Biricocchi failed via 2 -2 -1 tie vote with Biricocchi abstaining. C. Candidate Number 01: 1. The roll call vote taken to fill the position with Candidate Number 01 failed via 2 -3 vote with Biricocchi voting to oppose the hiring. aa. Biricocchi voted against the hiring of Candidate Number 01 with the knowledge that her son would remain a candidate to fill the vacant position with the City Police Department if Candidate Number 01 did not receive a majority vote. Peconi - Biricocchi, 17 -008 age 56. Milito proceeded to call for an executive session as a result of none of the three candidates securing a majority vote to fill the vacant police officer position. a. The executive session was held in the truck bay of the City Public Safety Building. b. The Mayor, Council (including Biricocchi), the City Clerk, and the City Solicitor all attended the executive session. C. The executive session began at approximately 5:20 p.m. and concluded at approximately 6:10 p.m. d. The filling of the vacant police officer position was the sole subject discussed at the executive session. 57. Biricocchi was present for and participated in the executive session regarding the vacant police officer position at a time when her son was one of three candidates to fill the vacant position. a. The appropriateness of Bincocchi's presence at the executive session was questioned by at least one Member of Council due to the fact that Biricocchi's son was a candidate for the position. b. Biricocchi responded that she could be present for the executive session and that she could make any statements she wanted during the executive session. C. Solicitor Pallone opined that Biricocchi was permitted to be present but that Biricocchi could not vote on the issue. 58. Biricocchi lobbied Council and the Mayor during the executive session for her son to be hired for the existing vacancy in the City Police Department. a. Biricocchi emphasized to Council and the Mayor that her son was the highest overall scoring candidate on the eligibility list. b. Biricocchi also lobbied that her son was the best qualified individual for the position. C. Biricocchi argued that Council could not bypass Wesley Biricocchi in relation to the hiring. 1. At least one person in attendance heard Biricocchi state that Council needed to hire her son. 59. After Biricocchi completed lobbying for her son's hiring, Council Member David Horvat commented that the other candidates' mothers should be invited to the executive session and permitted to campaign for their sons to level the field regarding the hiring. a. Biricocchi responded that the mothers of the other two candidates had no right to be present at the executive session. b. No other candidate's mother was invited to the executive session to lobby Council on behalf of her son's hiring. Peconi- Biricocchi, 17 -008 a�1 7� 60. Milito subsequently announced during the executive session that he did not intend to present Wesley Biricocchi's name to Council again for consideration to fill the vacancy. a. Milito would not recommend Wesley Biricocchi due to Biricocchi's position on and involvement with the CSB while her son was testing and her position as a Council Member at the time the police officer vacancy was to be filled. 61. In response to Milito, Solicitor Pallone subsequently advised Milito and Council that they were required to consider Wesley Biricocchi before any other eligible candidates since he had the highest overall rank on the eligibility list. a. Biricocchi verbally supported Pallone's statement. b. Pallone's assertion was not accurate. 62. As a result of Biricocchi's and Solicitor Pallone's assertions regarding the requirement to give Wesley Biricocchi first consideration for hiring, CSB Member Fabian was ultimately requested by at least one executive session attendee to participate in the executive session. a. Fabian was questioned in the May 21, 2014, executive session if the top overall scoring candidate was required to be presented to Council first for hiring consideration. b. Fabian responded that no requirement existed that the top overall scoring candidate must be presented to Council for first consideration. 1. Fabian was excused from the executive session after presenting the information. 63. Discussion occurred at the executive session on the subject of Wesley Biricocchi's law enforcement experience in comparison with Candidate No. 01's law enforcement experience. a. Wesley Biricocchi had been employed as a part-time police officer with Tarentum Borough for approximately six months as of May 2014. b. Candidate No. 01 had been employed as a full -time police officer with Springdale Borough for approximately 1 /2 years as of May 2014. 1. Candidate No. 1 also had part-time experience with at least three police departments prior to May 2014. C. Candidate No. 03 was no longer considered a candidate. d. Biricocchi was present when the candidates' experience was discussed. 64. Sgalio subsequently stated during the May 21, 2014, executive session that he had changed his decision in relation to the candidate to fill the vacant police officer position. a. Sgalio had originally voted in favor of Wesley Biricocchi filling the vacant police officer position. b. Sgalio had originally voted in opposition of Candidate Number 01 filling the vacant position. Peconi- Biricocchi, 17 -008 Page C. Sgalio changed his candidate selection based on the work experience discussion which occurred during the executive session. 65. Biricocchi addressed the City officials present during the executive session prior to the group returning to Council chambers to reconvene the public meeting. a. Prior to the conclusion of the executive session, Biricocchi threatened the filing of a lawsuit against the City if Wesley Biricocchi was not hired for the vacant police officer position that evening. 66. After the regular meeting reconvened, Milito nominated individual candidates for consideration a second time in the following order to fill the position of police officer for the City contingent upon the successful passing of a psychological and comprehensive physical exam, with a June 1, 2014, target start date: a. Candidate Number 03: The roll call vote taken to fill the position with Candidate Number 03 failed via unanimous 0 -5 vote with Biricocchi voting in opposition. aa. Biricocchi voted against the hiring of Candidate Number 03 a second time with the knowledge that her opposing vote was potentially eliminating [one of her son's competitors for] the vacant position with the City Police Department. b. Candidate Number 01: The roll call vote taken to fill the position with Candidate Number 01 succeeded via 3 -2 vote with Biricocchi voting in opposition. aa. Biricocchi voted against the hiring of Candidate Number 01 a second time with the knowledge that her vote was potentially eliminating [one of her son's competitors for] the vacant position with the City Police Department if Candidate Number 01 did not receive a majority vote. 67. Candidate Number 01 ultimately declined the position with the City Police Department shortly after agreeing to accept the position. a. Candidate Number 01 declined the position due to concerns with proposed changes to the police collective bargaining agreement which was in negotiation at that time. 68. Wesley Biricocchi was eventually hired to fill the police officer position during Council's meeting of June 10, 2014. a. Council had eliminated Candidate No. 3, and Candidate No. 1 opted to decline the offer of employment. b. Council recognized a need and urgency to fill the position at that time. 69. Minutes of the meeting confirm that Milito nominated Wesley Biricocchi to fill the position of police officer for the City contingent upon the successful passing of a psychological assessment and physical exam, with a targeted starting date of July 1, 2014. a. The vote to hire Wesley Biricocchi passed via 3 -1 -1 majority vote with Biricocchi abstaining. Peconi- Biricocchi, 17 -008 aged. 70. Biricocchi has maintained a cellular telephone account [account number redacted] through Verizon Wireless since at least June 23, 2010. a. Biricocchi's assigned telephone number is [telephone number redacted]. 71. In addition to lobbying Council and the Mayor as a whole at the May 13, 2014, and May 21, 2014, executive sessions reggarding the hiring of Wesley Biricocchi, Biricocchi was in contact with McKinley, Sgalio, and Milito individually via her cellular telephone on multiple occasions from April 2014 into June 2014 as detailed below: uration represents time in minutes a. Biricocchi [made at least five telephone calls to and received at least one telephone call from McKinley]. 1. Biricocchi questioned during at least one of the conversations how McKinley intended to vote regarding the vacant officer position and lobbied for McKinley's support to hire Wesley Biricocchi. b. [Biricocchi made at least] four telephone calls to Sgalio. 1. Biricocchi solicited Sgalio during at least one of the conversations for his support in hiring Wesley Bincocchi for the vacant officer position. G. Biricocchi [made at least four telephone calls to and received at least three telephone calls from] Milito. 1. Biricocchi questioned Milito during at least one of the conversations if he intended to support hiring Wesley Biricocchi for the vacant officer position and if Milito was aware if McKinley or Sgalio had changed their minds on the hiring of Wesley Biricocchi. Incomin II Date Number Duration* Time ut0 going Individual Tuesday, April 8, 2014 724 -445 -6267 1 1:36 p Outgoing to Philip McKinley Tuesday, April 8, 2014 724 - 448 -6267 1 5:08 p Outgoing to Philip McKinley Tuesday, April 8, 2014 724- 448 -6267 21 5:18 p Incoming from Philip McKinley Tuesday, April 29, 2014 724 -809 -8233 2 11:59 a Outgoing to Tony Sgalio Tuesday, April 29, 2014 724 - 448 -6267 2 12:01 p Outgoing to Philip McKinley Tuesday, April 29, 2014 724 - 681 -3550 1 12:22 p Incoming from Larry Milito Tuesday, April 29, 2014 724- 681 -3550 34 12:22 p Incoming from Larry Milito Tuesday, April 29, 2014 724- 448 -6267 12 12:56 p Outgoing to Philip McKinley Tuesday, April 29, 2014 724 - 809 -8233 31 1:08 p Outgoing to Tony Sgalio Wednesday, April 30, 2014 724 -681 -3550 2 6:47 p Outgoing to Larry Milito Wednesday, April 30, 2014 724 - 681 -3550 18 7:39 p Incoming from Larry Milito Saturday, May 3, 2014 724 - 681 -3550 8 12:31 p Outgoing to Larry Milito Tuesday, May 13, 2014 724- 809 -8233 1 7:07 p Outgoing to Tony Sgalio Sunday, May 18, 2014 724 -681 -3550 3 9:57 a Outgoing to Larry Milito Tuesday, May 20, 2014 724 -809 -8233 22 6:03 p Outgoing to Tony Sgalio Wednesday, May 21, 2014 724 -448 -6267 1 11:31 a Outgoing to Philip McKinley Tuesday, June 3, 2014 724 -681 -3550 2 ........_. 8:49 p Outgoing to Lag Milito uration represents time in minutes a. Biricocchi [made at least five telephone calls to and received at least one telephone call from McKinley]. 1. Biricocchi questioned during at least one of the conversations how McKinley intended to vote regarding the vacant officer position and lobbied for McKinley's support to hire Wesley Biricocchi. b. [Biricocchi made at least] four telephone calls to Sgalio. 1. Biricocchi solicited Sgalio during at least one of the conversations for his support in hiring Wesley Bincocchi for the vacant officer position. G. Biricocchi [made at least four telephone calls to and received at least three telephone calls from] Milito. 1. Biricocchi questioned Milito during at least one of the conversations if he intended to support hiring Wesley Biricocchi for the vacant officer position and if Milito was aware if McKinley or Sgalio had changed their minds on the hiring of Wesley Biricocchi. Peconi- Biricocchi, 17 -008 7a_ge_2U__ 72. Wesley Biricocchi began emplo ment as a police officer with the City Police Department effective July 1, 2014. a. City police officers (with the exception of the City Police Chief) receive a base salary as well as wages for performance of additional job - related activities. 1. City police officers are eligible to receive additional wages for overtime, court appearances, extra details (e.g., DUI, task force, etc.), holiday pay, and training. 2. City police officer wages are subject to change based on the collective bargaining agreement (alkla contract) in effect at the applicable time. 73. From July 1, 2014, through August 30, 2017, Wesley Biricocchi received a total of $152,015.53 in gross compensation through his position as a police officerwith the City Police Department as detailed below: a. Wesley Biricocchi's base salary increased in December 2016 as a result of the issuance of a November 16, 2016, Arbitration Award relating to the collective bargaining agreement between the City Police Department and the City. 1. The effective date of the Arbitration Award was January 1, 2016. 2. Retroactive wages due as a result of the Arbitration Award are included in the `Additional Received" total. b. Wesley Biricocchi's base salary increased effective January 2017 and July 2017 as a result of the November 16, 2016, Arbitration Award relating to the collective bargaining agreement between the City Police Department and the City. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT BIRICOCCHI FILED DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR CALENDAR YEARS 2014, 2015, AND 2016 WHEN SHE FAILED TO DISCLOSE INCOME FROM THE CITY AND WHEN SHE FAILED TO DISCLOSE ANY AND ALL OFFICE, DIRECTORSHIP, OR EMPLOYMENT OF ANY NATURE WHATSOEVER IN ANY BUSINESS ENTITY, NAMELY HER EMPLOYMENT WITH VERIZON. 74. Statement of Financial Interests filing requirements for public officials and public employees are mandated by Section 1104 of the State Ethics Act. a. Section 1104(a) mandates, in part, the following: Any other public employee or public official shall file a statement of financial interests with the governing authorit of the political subdivision b which he is em to ed or Mhin which he is appointed or elected no later than May 1 of each year that he holds such a position and of the year after he leaves such a position. 75. Biricocchi was required to file Statements of Financial Interests by May 1 St annually in her positions as a Council Member and the Mayor for calendar years 2014, 2015, and 2016. 76. Information to be disclosed on Statements of Financial Interests filed by public officials and public employees is mandated by Section 1 105 of the State Ethics Act. Peconi- Biricocchi, 17 -008 age a. Section 1105(b), Subsections 1 -10 identify specific information to be disclosed as well as exceptions to disclosure requirements when applicable. 1. Section 1105 {b)(5) mandates disclosure of the following on Statements of FFinancial Interests filed: The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more .... 2. Section 1105(b)(8) mandates disclosure of the following on Statements of Financial Interests filed: Any office, directorship or employment of any nature whatsoever in any business entity. 77. On March 20, 2017, a Statement of Financial Interests compliance review was conducted at the City Municipal Building located at 1829 Fifth Avenue, Arnold, PA 15068. a. Biricocchi's Statements of Financial Interests for calendar years 2014 through 2016 were obtained from the City Municipal Building on March 20, 2017. b. The compliance review identified that Biricocchi had not filed a Statement of Financial Interests for calendar year 2013 by May 1, 2014, and had filed a deficient Statement of Financial Interests for calendar year 2015. C. The compliance review further determined that amended Statements of Financial Interests were filed by Biricocchi with the State Ethics Commission for calendar years 2013 and 2014. 1. Biricocchi filed the amended Statements of Financial Interests for calendar years 2013 and 2014 as a result of a previous Statement of Financial Interests compliance review which identified the non - filing and the deficiency. 78. Biricocchi filed Statements of Financial Interests for calendar years 2013 through 2016 as follows: Form Date For Calendar Year October , 2015* October 28, 2015* 2014 April 13, 2016 2015 January 17, 2017 2016 * Represents Biricocchi's amended forms filed. 79. Biricocchi failed to disclose the City as a direct or indirect source of income on her amended Statement of Financial Interests filed for calendar year 2014 as well as on her original Statements of Financial Interests filed for calendar years 2015 and 2016 as mandated per Section 1105(b)(5) of the State Ethics Act. a. Biricocchi received income from the City in the amount of $2,100.00 in 2014 and $2,100.00 in 2015 in her position as a Member of Council. b. Biricocchi received income from the City in the amount of $3,600.00 in 2016 in her position as the Mayor. Peconi - Biricocchi, 17 -008 Page C. Biricocchi's amended Statement of Financial Interests for calendar year 2014 and original Statements of Financial Interests for calendar years 2015 and 2016 documented only Verizon Wireless, located at 234 Pittsburgh Mills Circle, Tarentum, PA 15084 in Block 10, Direct or Indirect Sources of Income. 80. Biricocchi failed to disclose and/or identify her office, directorship, or employment in any business on her amended Statement of Financial Interests for calendar year 2014 and original Statements of Financial Interests for calendar years 2015 and 2016 as mandated per Section 1105 (b)(8) of the State Ethics Act. a. Biricocchi failed to disclose her employment with Verizon Wireless in Block 13 Office, Directorship, or Employment in any Business) on her amended Statement of Financial Interests for calendar year 2014 and original Statements of Financial Interests for calendar years 2015 and 2016. III. DISCUSSION: In her capacities as: (1) a Member of the City of Arnold ( "City " ))Civil Service Board C"CSB') from at least March 10, 2009, through March 26, 2014; (2) a Member of City ouncil ( "Council ") from January 6, 2014, to January 4, 2016; and (3) the City Mayor from January 4, 2016, through the present, Respondent Karen Peconi - Biricocchi, also referred to herein as " Respondent," "Peconi- Biricocchi," and "Biricocchi," 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 se g. The allegations are that Respondent violated Sections 1103(a), 1104(d), 1105(b)(5), and 1105(b)(8) of the Ethics Act: (1) When as a Member of the CSB, she utilized the authority of her public position and/or confidential information obtained as a result of her holding public office to effectuate a private pecuniary benefit for her son, by participating in actions of the CSB at a time when her son was a candidate for civil service employment with the City, including but not limited to amending oral exam questions, contacting applicants (including her son), scheduling exams, and recording applicant final scores; (2) When as a Member of Council, she utilized the authority of her public position and /or confidential information obtained as a result of her holding public office to effectuate a private pecuniary. benefit for her son, by participating in discussion and actions of Council at a time when she knew her son was a final candidate for consideration of employment with the City, including deliberating and voting to approve the hiring of a police officer, voting in opposition to the hiring of candidates competing with her son, and lobbying /threatening legal action against Council to effectuate the hiring of her son as a police officer; (3) When as Mayor, she utilized the authority of her public position to effectuate a private pecuniary benefit for her son, when she authorized an increase in annual leave allocations to her son, a member of the City Police Department, contrary to the terms and conditions within the police union contract; and (4) When she filed deficient Statements of Financial Interests ( "SFIs ") for calendar years 2014, 2015, and 2016 by failing to disclose income from the City as well as failing to disclose any and all office, directorship or employment of any nature whatsoever in any business entity, namely her employment by Verizon. Peconi-Biricocchi, 17 -008 age Per the Consent Agreement of the parties, the Investigative Division has exercised its prosecutorial discretion to nol pros the allegation in paragraph number 3 above. We therefore need not address that particular allegation. 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 employyee 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 ecuniary benefit of the public officiallpublic employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. A son is a member of "immediate family" as the Ethics Act defines that term. 65 Pa.C.S. § 1102. Section 11 04(q) of the Ethics Act provides that no public official shall be allowed to take the oath of office, or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed an SFI as required by the Ethics Act. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Subject to certain statutory exceptions not applicable to this matter, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office, directorship or employment in any business entity. Peconi- Biricocchi, 17 -008 age As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. The City is a Third Class City located in Westmoreland County, Pennsylvania, and it is governed by a Mayor and a Council that consists of four Members. The Mayor has voting rights and is considered a Member of Council for voting purposes. The Mayor and Council Members receive annual compensation totaling $3,690.00 and $2,100.00, respectively, for their service. Respondent served as a Member of the CSB from at least March 10, 2009, through March 26, 2014, and as a Member of Council from January 6, 2014, to January 4, 2016. Respondent has served as the City Mayor from January 4, 2016, through the present. The CSB consists of three Members who are appointed by Council. The City utilizes the CSB to schedule, organize, and score civil service exams for creation of an eligibility list consisting of applicants for employment with the City Police Department who have passed all required exams. Civil service testing maybe conducted at anytime at the discretion of Council. On May 14, 2013, Council voted to activate the CSB to initiate civil service testing. At that time, the CSB consisted of Respondent, Nicki Fabian ( "Fabian "), and Margie Brown ( "Brown "). As a Member of the CSB, Respondent was involved with aspects of the applicant As process, including contacting the test administrator, registering applicants at the time of testing, compiling applicant test scores, and selecting the oral exam administrators. Respondent contacted Bill Gamble ( "Gamble "), Police /Fire Testing Personnel Management Consultant, to schedule the physical agility exam and the written exam and to administer the written exam. Application packets for the position of full -time City police officer were available at the City Municipal Building as of October 7, 2013. The physical agility and written exams were scheduled to be administered at the Allegheny County Police Academy on November 12, 2013. Wesley Biricocchi, who is Respondent's son, obtained an application packet to participate in the civil service testing and returned his application packet to the City Municipal Building on October 14, 2013. The City Clerk, Floyd Newingham ( "Newingham "), subsequently provided Respondent with a written summary report regarding the applications that had been received for the civil service testing. Newingham determined that eleven applicants could potentially be tested, and he advised Respondent that three of those applicants had to be contacted and instructed to supply records of their Act 120 certifications. Newingham's summary report identified Wesley Biricocchi as one of the three applicants to be contacted. On October 29, 2013, Respondent contacted Wesley Biricocchi and the othertwo applicants by telephone and instructed each applicantto bring his Act 120 certification to the City Clerk by November 8, 2013, or to have it available for presentation at the testing site on November 12, 2013. The physical agility and written exams were conducted on November 12, 2013, at the Allegheny County Police Academy. Respondent and Fabian were present prior to the start of the physical agility exam to complete setup and check -in procedures for candidates participating in the testing. Respondent and Fabian verified the identities of the candidates by comparing each candidate's identification with a copy of the identification included with the candidate's application. Five candidates, including Wesley Biricocchi, successfully completed the physical agility exam. Each candidate who successfully completed the physical agility exam was assigned an ID Number ranging from 01 through 05, with Wesley Bincocchi assigned ID Number 02. The five candidates then took the written exam, which was administered and scored by Gamble. Pursuant to the City civil service testing process, a minimum score on the written exam is required in order to move on to an oral exam before a three - member panel of Peconi- Biricocchi, 17 -008 age police chiefs /law enforcement officials from the surrounding areas. The City Police Chief traditionally identifies and contacts individuals to serve on the panel. By correspondence dated November 19, 2013, Gamble forwarded the results of the written exam to Respondent at the City Municipal Building. Wesley Biricocchi and two other candidates had obtained the minimum written exam score that was required to move on to the oral exam. Wesley Biricocchi was the lowest ranked of the three candidates who remained after the written exam. Before Respondent received the results of the written exam, she obtained contact information for potential oral exam panelists from a City patrolman who had previously served as the City Police Chief. Respondent subsequently contacted three law enforcement officials to serve on the oral exam panel, scheduled the oral exam date of December 5, 2013, and scheduled each candidate's oral exam time slot without consulting the City Police Chief or the other CSB Members. The City Police Chief traditionally creates the questions for the oral exam. Prior to December 5, 2013, Respondent contacted City Police Chief William Weber ("Weber ") via telephone and asked him to email her the orals exam questions so that she could provide the questions to the oral exam panelists in advance of the oral exam. Weber refused to supply Respondent with the oral exam questions prior to the oral exam, and he informed Respondent of his intention to supply the questions to the panelists the morning of the oral exam. The oral exam panel consisted of Jeff DeSimone ( "Desimone "), Robert Rizzo ( "Rizzo' and David Pallone ( "Pallone "). Neither DeSimone nor Rizzo had any prior knowled of Respondent. Pallone is the brother of John Pallone, who was then the City Solicitor Solicitor Pallone "). Respondent maintains a friendly relationship with the Pallone family. A though the CSB Rules and Regulations in effect in December 2013 provided that the oral exam panel shall be comprised of three citizens residing in Westmoreland County, Pallone resided in Lebanon County, Pennsylvania —more than 200 miles from the City --at the time of the oral exam. The oral exams for the three candidates were scheduled for December 5, 2013, in the squad room of the City Public Safety Building. Weber provided the oral exam panelists with a document consisting of ten typewritten questions to be presented to each candidate during the oral exam. An `ethics" question was substituted in place of Question Number 9 on Weber's list of ten questions. Respondent handwrote the substitute question on Weber's list of questions without consulting, informing, or seeking the approval of the other two CSB Members, Fabian and Brown, or Weber. Wesley Biricocchi received thirty points (consisting of three ten -point scores) for the substitute question, which was the highest point total possible. Each of the other two candidates received three points (consisting of one three -point score and two zero -point scores) for the substitute question. As a result of the high scores that Wesley Biricocchi received on the substitute question, his final score on the oral exam, which exceeded the final score of each of the other two candidates by at least twenty -one percent, was skewed. Upon completion of the oral exam, Respondent took custody of the oral exam questions, notes, and scores to record the oral exam score for each candidate. Although the oral exam scores are traditionally reviewed and confirmed by at least two CSB Members, Respondent was the only CSB Member who reviewed the oral exam documents and confirmed the points awarded to the candidates by each panelist. Respondent ultimately presented the written and oral exam scores for each candidate to Newingham for calculation of each candidate's overall total weighted score. Wesley Biricocchi's overall total weighted score of 78.89% was the highest of the three candidates and made him the top ranked candidate on the final eligibility list for potential employment with the City Police Department. Peconi- Biricocchi, 17 -008 age On January 6, 2014, Respondent took office as a Member of Council. Although the Third Class City Code and City Civil Service Rules and Regulations prohibited concurrent service as a Member of Council and a Member of the CSB, Respondent did not formally resign her seat on the CSB until March 26, 2014. In or about late April 2014, Newingham requested and received the final eligibility list from Fabian. The final eligibility list identified no names and documented only fhe three Candidate ID Numbers and each candidate's overall percentage score. Respondentwas aware of her son's numerical position /rank on the list. Weber scheduled interviews for the three candidates, which were conducted by Mayor Larry Milito ( "Milito ") and Council at the City Municipal Building on April 29, 201 Respondent was present for and participated in the interviews with the exception of Wesley Biricocchi's interview. Milito and Council remained at the City Municipal Building after the interviews were completed and discussed the applicants. The majority of those resent, including Respondent, agreed that Candidate Number 03 was not suitable for additional consideration. Respondent attempted to advance her son's candidacy by announcing during the discussion that Wesley Biricocchi had received the highest overall point score on the civil service exam. Shortly after the April 29, 2014, candidate interviews, Respondent met with Milito in his office in the City Municipal Building for the sole purpose of discussing the hiring of her son to fill the police officer position. Milito, in his capacity as the Director of the City Police Department, was responsible for nominating /presenting to Council a candidate from the eligibility list for employment consideration. During the meeting, Milito advised Respondent that he had no intention of nominating Wesley Biricocchi to fill the police officer position. Milito's position was based on Respondent's failure to remove herself from her position on the CSB while her son was participating in the testing process, and he was not comfortable with the appearance of nepotism if Wesley Biricocchi would be hired while Respondent would be serving as a Member of Council. Milito attempted to end the meeting by leaving his office, but he was stopped by Respondent while he was reaching for the door. Milito then told Respondent that he would consider it, and he concluded the meeting. On May 13, 2014, Council and Milito met in an executive session immediately prior to the regular meeting of Council in order to discuss the hiring of a police officer. Council Member Anthony Sgalio ( "Sgalio ") was not present for the executive session and would not be present for the regular meeting. Although the hiring of a police offer was an agenda item for the regular meeting, Respondent lobbied during the executive session to postpone the police officer selection process, which was ultimately postponed until Sgalio would be present. Milito and all four Members of Council were present when the May 13, 2014, re ular meeting of Council was reconvened on May 21, 2014, for the hiring of a police officer. During the meeting, Respondent participated in a unanimous vote of Council to hire a police officer under the terms and conditions of the current collective bargaining agreement and any amendments or memorandums of understanding. Milito then nominated candidates for consideration to fill the position of police officer contingent upon the successful passing of a psychological and comprehensive physical exam, with a June 1, 2014, target start date. Solicitor Pallone erroneously stated that Respondent could participate in votes against candidates as long as Respondent did not vote for her son. Milito first nominated Candidate Number 03. Council voted 0 -5 on Candidate Number 03's nomination. Milito next nominated Wesley Biricocchi (Candidate Number 02). Council voted 2 -2 -1 on Wesley Biricocchi's nomination, with Respondent abstaining from the vote. Milito then nominated Candidate Number 01. Council voted 2 -3 on Candidate Number 01's nomination, with Respondent voting against the hiring of Candidate Number 01. Respondent voted against the hiring of Candidate Number 01 with the knowledge that Peconi- Biricocchi, 17 -008 al e T7___ her son would remain a candidate to fill the position if Candidate Number 01 did not receive a majority vote. Milito proceeded to call for an executive session as a result of none of the three candidates securing a majority vote to fill the police officer position. The appropriateness of Respondent's presence at the executive session was questioned by at least one Member of Council due to the fact that Respondent's son was a candidate for the position. Respondent stated that she could be present for the executive session and that she could make any statements she wanted to make during the executive session. Solicitor Pallone opined that Respondent was permitted to be present but that Respondent could not vote on the issue. During the executive session, Respondent lobbied Council and Milito for her son to be hired for the police officer position. Respondent emphasized to Council and Milito that her son was the highest overall scoring candidate on the eligibility list, and she argued that Council could not bypass her son in relation to the hiring of a police officer. During the executive session, discussion occurred on the subject of Wesley Biricocchi's law enforcement experience in comparison with that of Candidate No. 01. Wesley Biricocchi had been employed as a part -time police officer with Tarentum Borough for approximately six months as of May 2014. Candidate No. 01 had been employed as a full -time police officer with Springdale Borough for approximately one and one -half years as of May 2014 and had part -time experience with at least three police departments prior to May 2014. Based upon the work experience discussion, Sgalio, who had originally voted in favor of hiring Wesley Biricocchi and against hiring Candidate Number 01 for the police officer position, stated that he had changed his decision in relation to the candidate to fill the police officer position. Prior to the conclusion of the executive session, Respondent threatened the filing of a lawsuit against the City if Wesley Biricocchi was not hired for the police officer position that evening. When the regular meeting reconvened, Milito again nominated candidates to fill the police officer position. Milito first nominated Candidate Number 03, and Council once again voted 0 -5 on the nomination. Milito then nominated Candidate Number 01. Council voted 3 -2 on Candidate Number 01's nomination, with Respondent voting a second time against the hiring of Candidate Number 01. Candidate Number 01 ultimately declined the police officer position with the City Police Department due to concerns with proposed changes to the police collective bargaining agreement. Council recognized a need and urgency to fill the position, and on June 10, 2014, Council voted to hire Wesley Biricocchi to fill the position. Respondent abstained from voting on the hiring of her son. Effective July 1, 2014, Wesley Biricocchi began employment as a City police officer. From July 1, 2014, through August 30, 2017, Wesley Biricocchi received a total of $152,015.53 in gross compensation through his position as a City police officer. As for Respondent's SFIs, Respondent failed to disclose the City as a direct or indirect source of income on an amended SFI that she filed for calendar year 2014 and on her SFIs for calendar years 2015 and 2016. Respondent further failed to disclose her employment with Verizon Wireless on her amended SFI for calendar year 2014 and her SFIs for calendar years 2015 and 2016. 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: The Investigative Division will recommend the following in relation to the above allegations: Peconi - Biricocchi, 17 -008 al —ge-2Y-- That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Peconi - Biricocchi's participation in the actions of the Civil Service Board at a time when her son was a candidate for civil service employment with the City and her subsequent participation in the discussions and voting actions of City Council at a time when she knew her son was a final candidate for consideration of employment with the City. That a violation of Section 1105(b)(5) and (8) of the Public Official and Employee Ethics Act, 65 Pa.C.S. 5 1105(%5) and (8), occurred when Peconi - Biricocchi fi ed deficient Statements of Financial Interests for calendar years 2014, 2015, and 2016 by failing to disclose income from the City of Arnold, as well as failing to disclose any and all office, directorship or employment of any nature whatsoever in any business entity, namely her employment by Verizon. C. The Investigative Division has elected to nolle pros the allegation regarding the police union contract as well as the Investigative Complaint/Findings Report docketed at No. 18- 020. 4. Peconi - Biricocchi agrees to make payment(s) in the amount of $10,000.00 in settlement of this matter payable to the City of Arnold and forwarded to the Pennsylvania State Ethics Commission. 5. Peconi - Biricocchi has filed and completed accurate amended Statements of Financial Interests with the City of Arnold, through the Pennsylvania State Ethics Commission, for calendar years 2014, 2015, and 2016 prior to the execution of this agreement. 6. Peconi- Biricocchi agrees to not accept any reimbursement, compensation, or other payment from the City of Arnold representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. 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. Consent Agreement, at 2. Peconi- Biricocchi, 17 -008 age It appears that the Investigative Division in the exercise of its prosecutorial discretion has elected to non pros the portion of the allegations pertaining to Section 1104(d) of the Ethics Act. In considering the Consent Agreement, we accept the recommendation of the parties for a finding that Respondent violated Section 1103(a) of the Ethics Act in relation to her participation in the actions of the CSB at a time when her son was a candidate for civil service employment with the City and her subsequent participation in the discussions and voting actions of Council at a time when she knew her son was a final candidate for consideration of employment with the City. Respondent used the authority of her public office as a Member of the CSB in matters related to the civil service testing for the position of City police officer at the same time that her son, Wesley Biricocchi, was a participant in the civil service testing. The specific actions taken by Respondent in her official capacity as a Member of the CSB included, in particular: (1) attempting to obtain the questions for the oral exam from the City Police Chief in advance of the oral exam; and (2) substituting an "ethics" question for another question on the City Police Chief's list of oral exam questions, which led to Wesley Biricocchi's final score on the oral exam being skewed as a result of him scoring the highest point total possible on the "ethics" question. Respondent then used the authority of her public office as a Member of Council in matters related to the hiring of a City police officer while her son was one of the three final candidates under consideration. Respondent used the authority of her office when, on April 29, 2014, she: {1) participated in interviews that the two final candidates who were competin with Wesley Biricocchi for the police officer position had with the Mayor and Council;2) participated when the Mayor and Council had a discussion about all three candidates and agreed that one candidate was not suitable for additional consideration; and (3 attemptea to advance her son's candidacy by announcing during the discussion that Wesley Biricocchi had received the highest overall point score on the civil service exam. Respondent further used the authority of her office when, at some time shortly after the interviews, she met with the Mayor at his office to discuss the hiring of her son. Respondent additionally used the authority of her office as a Council Member when, on May 21, 2014, she: (1) participated in a unanimous vote of Council to hire a police officer under the terms and conditions of the current collective bargaining agreement and any amendments or memorandums of understanding; (2) voted a first time against the hiring of either of the two candidates who were competing against her son; (3) participated in an executive session of Council during which she lobbied for her son to be hired and threatened the filing of a lawsuit against the City if he was not hired; and (4) voted a second time against the hiring of either of the two candidates who were competing against her son. Although Respondent did not vote to hire her son as a City police officer (either on May 21, 2014, when Council voted to hire Candidate Number 01, or on June 10, 2014, when Council ultimately voted to hire her son as a result of Candidate Number 01 declining the position), it is clear that Respondent violated Section 1103(a) of the Ethics Act when she used the authority of her offices as a Member of the CSB and a Member of Council in an attempt to further her son's hiring for the position of City police officer andlor effectuate a detriment to or eliminate his competitors for the position. Cf., P_epper, Opinion 87 -008; Boonin, Opinion 90 -003. Based upon the Stipulated Findings and the Consent Agreement, we hold that Respondent violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her participation in the actions of the CSB at a time when her son was a candidate for civil service employment with the City and her subsequent participation in the discussions and Peconi - Biricocchi, 17 -008 age voting actions of Council at a time when she knew her son was a final candidate for consideration of employment with the City. We agree with the parties and we hold that a violation of Section 1105(b)(5), (8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), (8), occurred when Respondent filed deficient SFIs for calendar years 2014, 2015, and 2016 by failing to disclose income from the City, as well as failing to disclose any and all office, directorship or employment of any nature whatsoever in any business entity, namely her employment by Verizon. As part of the Consent Agreement, Respondent has agreed to make payment(s) in the amount of $10,000.00 payable to the City of Arnold and forwarded to this Commission. Respondent has further agreed to not accept any reimbursement, compensation or other payment from the City representing a full or partial reimbursement of the amount paid in settlement of this matter. We note that the Consent Agreement provides that Respondent filed complete and accurate amended SFIs for calendar years 2014, 2015, and 2016 with the City, through this Commission, prior to the execution of the Consent Agreement. We determine that the Consent Agreement submitted by the parties sets forth a 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, Respondent is directed to make payment(s) in the amount of $10,000.00 payable to the City of Arnold and forwarded to this Commission. Per the Consent Agreement of the parties, Respondent is further directed to not accept any reimbursement, compensation or other payment from the City representing a full or partial reimbursement of the amount paid in settlement of this matter. 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; In her capacities as: (1) a Member of the City of Arnold ( "City ") Civil Service Board from at least March 10, 2009, through March 26, 2014; (2) a Member of City Council from January 6, 2014, to January 4, 2016; and (3) the City Mayor from January 4, 2016, through the present, Respondent Karen Peconi - Biricocchi (Peconi - Biricocchi") 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 seg. 2. Peconi - Biricocchi violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. 1103(a), in relation to her participation in the actions of the City Civil Service Boarg at a time when her son was a candidate for civil service employment with the City and her subsequent participation in the discussions and voting actions of City Council at a time when she knew her son was a final candidate for consideration of employment with the City. 3. A violation of Section 1105(b)(5), �8) of the Ethics Act, 65 Pa.C.S. § 11051 b)(5), (8), occurred when Peconi - Biricocchi iled deficient Statements of Financial In erests for calendar years 2014, 2015, and 2016 by failing to disclose income from the City, as well as failing to disclose any and all office, directorship or employment of any nature whatsoever in any business entity, namely her employment by Verizon. In Re: Karen Peconi- Biricocchi, Respondent File Docket: 17 -008 Date Decided: 516119 Date Mailed: 519119 ORDER NO. 1750 Karen Peconi - Biricocchi ( "Peconi - Biricocchi "), a ublic official in her capacities as: �1) a Member of the City of Arnold ( "City ") Civil Service Board from at least March 0, 2009, through March 26, 2014; (2) a Member of City Council from January 6, 2014, to January 4, 2016; and 3) the City Mayor from January 4, 2016, through the present, violated Section 1103(a ) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to her participation in the actions of the City Civil Service Board at a time when her son was a candidate for civil service employment with the City and her subsequent participation in the discussions and voting actions of City Council at a time when she knew her son was a final candidate for consideration of employment with the City. 2. A violation of Section 1105(b)(5), (8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), (8), occurred when Peconi - Biricocchi filed deficient Statements of Financial Interests for calendar years 2014, 2015, and 2016 by failing to disclose income from the City, as well as failing to disclose any and all office, directorship or employment of any nature whatsoever in any business entity, namely her employment by Verizon. 3. Per the Consent Agreement of the parties, Peconi- Biricocchi is directed to make payment(s) in the amount of $10,000.00 payable to the City of Arnold and forwarded to the Pennsylvania State Ethics Commission. 4. Per the Consent Agreement of the parties, Peconi - Biricocchi is further directed to not accept any reimbursement, compensation or other payment from the City representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. Compliance with paragraphs 3 and 4 of this Order will result in the closing of this case with no further action by this Commission. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, P,C 0 "as-o afell-a C`7�Wir .: I ff1;'WW2 i