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In Re: Gregory T. Burrell,
Respondent
t�
STATE ETHICS HICS 4do14 MISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120 -0400
File Docket:
X -ref:
Date Decided:
Date Mailed:
FACSIMILE: 717- 787 -0806
WEBSITE: www.ethics.pa•gov
18 -029
Order No. 1755
516119
5113119
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 ., 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 not filed and a hearing was deemed waived.
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 Gregory Burrell, a public officiallpublic employee in his capacity as a Member
and/or Chairman of the State Board of Funeral Directors for the Commonwealth of
Pennsylvania, violated Sections 1104(a) and 1104 (d) of the State Ethics Act (Act 93 of
1998) when he failed to file Statements of Financial Interests for calendar years 2014,
2015, 2016, and 2017 in relation to his public position as a Member and/or Chairman of the
State Board of Funeral Directors; and when he proceeded to take an office, and/or
otherwise continued to execute official duties, while receiving compensation from public
funds at a time when he failed to file Statements of Financial Interests as required by law.
11. FINDINGS:
Gregory Burrell ( "Burrell ") has served as a Member of the Pennsylvania State Board
of Funeral Directors ( "State Board of Funeral Directors ") since 2007.
a. Burrell was nominated to the State Board of Funeral Directors on October
22, 2007, by Governor Edward Rendell and was approved by the
Pennsylvania State Senate effective December 12, 2007.
Burrell's appointment was for a five -year term and he would serve until his
successor was appointed and qualified, however, his term was not to exceed
beyond six months past Its expiration.
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2. On October 22, 2013, Governor Tom Corbett renominated Burrell to the State
Board of Funeral Directors.
a. Burrell's appointment required approval by the Pennsylvania State Senate.
b. On January 29, 2014, through correspondence from Governor Tom Corbett,
Burrell was advised that he was reappointed to the State Board of Funeral
Directors and was confirmed by the Pennsylvania State Senate effective
January 28, 2014, for an additional five -year term.
3. Burrell has served as both Vice - Chairman and Chairman of the State Board of
Funeral Directors.
a. Burrell served as Vice - Chairman in 2014 and 2015.
b. On December 2, 2015, Burrell was elected as Chairman.
The Members of the State Board of Funeral Directors typically
reorganize every two years, which includes the election of a Chairman
and a Vice - Chairman.
2. The reorganization meetings usually occur in December of odd -
numbered years.
C. Burrell was removed as Chairman by a vote of the State Board of Funeral
Directors on or about March 29, 2016.
d. As Chairman, Burrell's duties included managing and directing meetings of
the State Board of Funeral Directors.
4. The State Board of Funeral Directors is responsible for enforcing the Funeral
Director Law (63 P.S. §§ 479.1 - 479.20), which regulates the licensure and
registration of corporations engaging in the care, preparation and disposition of the
bodies of deceased persons.
5. The State Board of Funeral Directors consists of the following:
a. The Commissioner of Professional and Occupational Affairs;
b. The Director of the Bureau of Consumer Protection in the Office of Attorney
General or his designee;
C. Two Members appointed by the Governor, who shall be persons
representing the public at large; and
d. Five Members appointed by the Governor, who shall be licensed funeral
directors of good moral character and who shall also have been actively
engaged in the practice of funeral directing for at least ten years immediately
preceding their appointment.
6. Section 479.19 of the Funeral Director Law, 63 P.S. § 479.19, identifies the
following requirements pertaining to the State Board of Funeral Directors:
a. There shall be a State Board of Funeral Directors as a departmental
administrative board in the Department of State. The board shall consist of
the Commissioner of Professional and Occupational Affairs, the Director of
the Bureau of Consumer Protection in the Office of Attorney General, or his
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designee, two members appointed by the Governor, who shall be persons
representing the public at large, and five members appointed by the
Governor who shall be licensed funeral directors of good moral character
and who shall also have been actively engaged in the practice of funeral
directing for at least ten years immediately preceding their appointment.
b. Professional and public members shall be appointed by the Governor with
the advice and consent of the Senate for terms of five years. A member may
continue to serve for a period not to exceed six months beyond the expiration
of his term, if a successor has yet to be duly appointed and qualified
according to law. If a member dies or resigns during his term of office, a
successor shall be appointed as provided in this section and shall serve for
the remainder of his predecessor's unexpired term.
C. Five members of the board shall constitute a quorum.
d. The board shall select a chairman from among its members and may elect a
secretary from among its members.
e. The members of the board, other than the Commissioner of Professional and
Occupational Affairs and the Director of the Bureau of Consumer Protection
in the Office of Attorney General, or his designee, shall receive sixty dollars
($60) per diem when actually engaged in the transaction of official business
and shall also receive the amount of reasonable traveling, hotel and other
necessary expenses incurred in the performance of their duties.
f. The board is subject to evaluation, review and termination within the time
and in the manner provided in the act of December 22, 1981 (P.L. 508, No.
142), known as the "Sunset Act."
g. A member of the board who fails to attend three consecutive meetings shall
forfeit his seat unless the Commissioner of Professional and Occupational
Affairs, upon written request from the member, finds that the member should
be excused from a meeting because of illness or the death of an immediate
family member.
Section 479.16 of the Funeral Director Law, 63 P.S. § 479.16, sets forth the duties
of the State Board of Funeral Directors as follows;
a. The board shall be charged with the enforcement of this act. It shall be
empowered to formulate necessary rules and regulations not inconsistent
with this act for the proper conduct of the business or profession of funeral
directing and as may be deemed necessary or proper to safeguard the
interests of the public and the standards of the profession.
b. The board shall appoint an inspector or inspectors whose title shall be
"Inspector, State Board of Funeral Directors, Commonwealth of
Pennsylvania." Such inspectors shall be licensed funeral directors who have
been actively engaged in the practice of such profession for at least ten
years. Inspectors shall hold office at the pleasure of the board, and shall
receive such compensation as shall be fixed by the board with the approval
of the department. Inspectors shall be empowered to serve all processes
and papers of the board, and shall have the right of entry into any place,
where the business or profession of funeral directing is carried on or
advertised as being carried on, for the purpose of inspection and for the
investigation of complaints coming before the board and for such other
matters as the board may direct.
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C. The board shall keep a record of its roceedings and shall maintain a
register of the names and addresses of all persons applying for and those
receiving licenses and registration cards under this or any prior act. Such
register shall be opened to public inspection.
d. The board shall submit annually to the department and to the House and
Senate Appropriations Committees, fifteen days after the Governor has
submitted his budget to the General Assembly, a copy of the budget request
for the upcoming fiscal year which the board previously submitted to the
department.
8. Burrell has been associated with the funeral business for approximately 30 years.
a. Burrell is a graduate of Morehouse College and the Gupton -Jones College of
Mortuary Science.
b. Burrell has been a licensed Funeral Director in Pennsylvania since about
February 28, 2001.
C. Burrell has also served as a Funeral Director in Georgia and North Carolina.
9. Burrell has been the President of the Terry Funeral Home since March 2000.
a. Articles of Incorporation were first filed for the Terry Funeral Home on
February 19, 1998, with the Corporation Bureau of the Pennsylvania
Department of State.
1. Burrell was not listed as an incorporator.
b. Amendments were made to the Articles of Incorporation for the Terry Funeral
Home on March 2, 2000.
1. Samantha -Marie Wanda McNair was listed as the incorporator.
2. The Articles of Incorporation were signed on March 9, 2000, by
Gregory T. Burrell, President.
C. The address of the Terry Funeral Home was 4203 -05 Haverford Avenue,
Philadelphia, PA 19104.
10. After Burrell began serving as a Funeral Director and Funeral Director Supervisor in
Pennsylvania, amendments were made again to the Articles of Incorporation for the
Terry Funeral Home, Inc. on December 18, 2003.
a. The change was made as a result of the Terry Funeral Home, Inc., a North
Carolina company, re- domesticating to Pennsylvania.
b. The amendments to the Articles of Incorporation were signed by Gregory T.
Burrell, President.
11. Until approximately 2014 or 2015, Members of the State Board of Funeral Directors
met about once a month.
a. At some point during 2014 -2015, the meetings were held approximately once
every six weeks.
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b. The Members of the State Board of Funeral Directors are compensated
$60.00 for each meeting attended, along with reimbursement of travel
expenses.
12. At the meeting of the State Board of Funeral Directors on or about March 29, 2016,
a motion was made and approved to replace Burrell as Chairman.
a. Burrell voted "nay" to the motion; nonetheless the motion carried, and Burrell
was removed as Chairman.
13. The State Board of Funeral Directors took action to remove Burrell as Chairman
after receiving information that Burrell was delinquent in renewing his licenses as a
Licensed Funeral Director and Funeral Director Supervisor.
a. As a Licensed Funeral Director and Funeral Director Supervisor in
Pennsylvania, Burrell was responsible for renewing his funerary licenses
every two years.
1. Licenses expire February 1St of every even - numbered year.
b. Some of the Members of the State Board of Funeral Directors believed that
because Burrell was a Member and Chairman of the State Board of Funeral
Directors, Burrell should be sanctioned.
C. Some of the Members of the State Board of Funeral Directors called for
Burrell to resign from the State Board of Funeral Directors, however, Burrell
refused.
d. After being removed as Chairman, Burrell continued to serve as a Member of
the State Board of Funeral Directors.
THE FOLLOWING FINDINGS RELATE TO BURRELL'S FAILURE TO FILE
STATEMENTS OF FINANCIAL INSTERESTS AS A MEMBER OF THE STATE
BOARD OF FUNERAL DIRECTORS.
14. As a Member of the State Board of Funeral Directors, Burrell is required to file a
Statement of Financial Interests on an annual basis by May 1 st with the State Ethics
Commission [and the State Board of Funeral Directors].
a. Burrell was made aware of this requirement when appointed and reappointed
to the State Board of Funeral Directors.
15. In a letter dated December 13, 2007, Governor Edward Rendell advised Burrell of
his appointment to the State Board of Funeral Directors, which letter included
notification to Burrell of his requirement to file a Statement of Financial Interests.
a. The relevant portion of the December 13, 2007, correspondence reads as
follows:
You are also required to file the Statement of Financial
Interests with the State Ethics Commission. You are required
under § 1104(a) of the Public Official and Employee Ethics Act
(65 Pa.C.S. § 1104(a)) to file by May 1, of each year a position
is held, as well as the year following termination of service.
16. In Governor Tom Corbett's letter dated January 29, 2014, Burrell was again advised
that he was subject to the State Ethics Act and required to file a Statement of
Financial Interests.
Burrell, 18 -029
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a. Pertinent text from the January 29, 2014, correspondence reads as follows:
As a member of the State Board of Funeral Directors, you are
subject to the Public Official and Employee Ethics Act (Ethics
Act), 66 [sic] Pa. C.S. §§ 1101 et. seq., and the Governor's
Code of Conduct, Executive Order 1980 -18 Amended. We
have posted copies of both the Ethics Act and the Governor's
Code of Conduct, as well as the Ethics forms, on the Office of
Public Liaison's website, which can be found at
www.9overnor.pa.ciov under offices and commissions. It is
important that you take the time to review both these
documents, which provide ethical guidelines for your public
position. If you do not have access to the internet or would like
copies mailed to you, please contact my office at 717 -787-
5825. Please do not hesitate to contact us If. you have
questions or concerns about the materials you review.
Additionally, you will be required to file by May 1st of each year
financial disclosure forms under both the Ethics Act and the
Governor's Code of Conduct. The Statement of Financial
Interests form State Ethics Commission Form) will be provided
to you by youroard or commission. The Governor's Code of
Conduct Statement of Financial Interest form will be mailed to
you by the Governor's Office of Public Liaison.
b. The correspondence mistakenly referred to "66 Pa. C.S. §§ 1101 et. seq.,"
instead of ' 65 Pa.C.S. § 1101 et seg."
17. Heidy Weirich ( "Weirich ") has served as the Board Administrator for the State Board
of Funeral Directors for approximately the last ten years.
a. Weirich annually provides all Members of the State Board of Funeral
Directors, including Burrell, with a Statement of Financial interests form and
a Governor's Code of Conduct form to complete.
18. Prior to calendar year 2014, Burrell filed the following Statements of Financial
Interests:
Calendar Year Dated Filed
X11
2013 01-06-14
a. Burrell filed the forms at or around the time when he was renominated by
Governor Tom Corbett to serve on the State Board of Funeral Directors.
19. In or around July 2017, the Administrative Division of the State Ethics Commission
conducted compliance reviews of state boards and commissions after being advised
that some members of various state boards had failed to file Statements of
Financial Interests for calendar year 2016.
a. One of the state boards that identified non- filing board members for calendar
year 2016 was the State Board of Funeral Directors.
b. Burrell was identified as a non -filer for the 2016 calendar year.
Burrell, 18 -029
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20. As is State Ethics Commission procedure, notice letters were mailed to members of
state boards who were identified as having failed to properly file Statements of
Financial Interests.
a. All of the Members of the State Board of Funeral Directors who were
identified, except Burrell, filed Statements of Financial Interests after receipt
of notices.
21. Two notice of non - compliance letters were mailed to Burrell by the State Ethics
Commission to the address 4203 Haverford Avenue, Philadelphia, PA 19104
regarding Burrell's failure to file a Statement of Financial Interests for calendar year
2016.
a. A Notice letter dated August 17, 2017, was mailed to Burrell, advising him of
a notice of intent to commence civil penalty proceedings pursuant to 65
Pa.C.S. § 1109(f) for delinquency of Statement of Financial Interests for
failing to file for calendar year 2016.
b. A Final Notice letter dated September 21, 2017 (Certified Mail #7016 -3560-
001- 0041 - 1063 ), was mailed to Burrell, advising him of a notice of intent to
commence civil penalty proceedings pursuant to 65 Pa.C.S. § 11090 for
delinquency of Statement of Financial Interests for failing to file for calendar
year 2016.
G. 4203 Haverford Avenue, Philadelphia, Pennsylvania is the address of the
Terry Funeral Home.
22. Burrell never responded to or complied with the notice letters mailed to him by the
State Ethics Commission.
23. A more extensive com fiance review was conducted by the State Ethics
Commission in or around July 2018, where it was determined that Burrell, as a
Member of the State Board of Funeral Directors, had not filed Statement of
Financial Interests forms for calendar years 2014, 2015, and 2017, in addition to not
filing a Statement of Financial Interests for calendar year 2016.
a. Despite being mailed two separate warning letters from the State Ethics
Commission nearly a year earlier, Burrell had not filed his calendar year 2016
Statement of Financial Interests form by July 2018.
24. As a Member of the State Board of Funeral Directors, Burrell received $60.00, paid
from public monies, for attending each meeting of the State Board of Funeral
Directors.
a. In order to receive meeting compensation, a Member of the State Board of
Funeral Directors was required to be in attendance for the meeting.
25. W -2 Wage and Tax Statements from the Commonwealth of Pennsylvania evidence
that Burrell received the following compensation as a Member of the State Board of
Funeral Directors from 2014 through 2017:
2ZT4 Ada
2015 $360.00
2016 $540.00
2017 $360.00
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26. From 2014 through 2017, Burrell received a total of $2,100.00 as a Member of the
State Board of Funeral Directors at a time when he failed to file Statements of
Financial Interests with the State Ethics Commission.
27. On September 6, 2018, the Investigative Division of the State Ethics Commission
forwarded a Notice of Investigation to Burrell by certified letter, informing him of
allegations that he had failed to file Statements of Financial Interests for calendar
years 2014 through 2017.
28. On September 20, 2018, Burrell provided the following statement to an Investigator
for the State Ethics Commission:
a. Burrell admitted he was required to file a Statement of Financial Interests
and that he had failed to do so.
b. Burrell admitted to "dropping the ball" on filing a Statement of Financial
Interests because of personal matters going on in his life.
C. Burrell wanted to file Statements of Financial Interests immediately and
overnight mail them to the State Ethics Commission.
29. Burrell was advised by the State Ethics Commission Investigator to be thorough in
completing the Statements of Financial Interests and to complete them accurately,
identifying all boards that he served on as an officer.
a. Burrell was provided with copies of the Statements of Financial Interests that
he filed for calendar years 2012 and 2013 to assist him in completing his
outstanding filings.
30. Burrell filed his outstanding Statements of Financial Interests with the State Ethics
Commission on September 24, 2018, four days after meetingg with a State Ethics
Commission Investigator, which Statements of Financial In #erests reflected the
following information:
a. Calendar Year:
Status:
Public Position:
Governmental Entity:
Creditors:
Direct or Indirect Sources
of Income:
Office, Directorship or
Employment in any
Business:
Financial Interests in any
Legal Entity in Business
for Profit:
Business Interests
Transferred to Immediate
Family Member:
2014
Nominee, Former Public Official
Member
State Bd Funeral Directors
Chase Auto Finance
Terry Funeral Home, Inc.
Commonwealth of PA
Terry Funeral Home, Inc., President
Terry Funeral Home, Inc., Interest Held; 75%
Terry Funeral Home, Inc.
Maria Burrell, 25 %, Spouse
b. Calendar Year: 2015
Status: Nominee, Former Public Official
Public Position: Member
Governmental Entity: State Bd Funeral Directors
Creditors: Chase Auto Finance
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Direct or Indirect Sources
of Income: Terry Funeral Home, Inc.
Commonwealth of PA
Office, Directorship or
Employment in any
Business: Terry Funeral Home, Inc., President
Financial Interests in any
Legal Entity in Business
for Profit: Terry Funeral Home, Inc., Interest Held; 75%
Business Interests
Transferred to Immediate
Family Member: Terry Funeral Home, Inc.
Maria Burrell, 25 %, Spouse
C. Calendar Year:
2016
Status:
Nominee, Former Public Official
Public Position:
Member
Governmental Entity:
State Bd Funeral Directors
Creditors:
None
Direct or Indirect Sources
of Income:
Terry Funeral Home, Inc.
Commonwealth of PA
Office, Directorship or
Employment in any
Business:
Terry Funeral Home, Inc., President
Financial Interests in any
Legal Entity in Business
for Profit:
Terry Funeral Home, Inc., Interest Held; 75%
Business Interests
Transferred to Immediate
Family Member:
Terry Funeral Home, Inc.
Maria Burrell, 25 %, Spouse
d. Calendar Year:
2017
Status:
Nominee, Former Public Official
Public Position:
Member
Governmental Entity:
State Bd Funeral Directors
Creditors:
None
Direct or Indirect Sources
of Income:
Terry Funeral Home, Inc.
Commonwealth of PA
Office, Directorship or
Employment in any
Business:
Terry Funeral Home, Inc., President
Financial Interests in any
Legal Entity in Business
for Profit:
Terry Funeral Home, Inc., Interest Held; 75%
Business Interests
Transferred to Immediate
Family Member:
Terry Funeral Home, Inc.
Maria Burrell, 25 %, Spouse
31. In 2016 and 2017, Burrell served as a Director with the Urban League of
Philadelphia.
a. The Urban League of Philadelphia is a 501(c)(3) non - profit corporation.
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32. Since at least 2015, Burrell has served as Chairman of the Board of Trustees for the
Monumental Baptist Church in Philadelphia, Pennsylvania.
a. The Monumental Baptist Church is a 501(c)(3) non- profit religious
organization.
33. The Statements of Financial Interests completed and filed by Burrell, dated
September 25, 2018, for calendar years 2014 through 2017, were deficient as
follows:
a. Burrell listed himself as a Nominee and Former Public Official in Block No. 3,
Status, on his Statements of Financial Interests for calendar years 2014
through 2017.
b. Burrell failed to list the Urban League of Philadelphia, where Burrell served
as a Director, in Block No. 13, Office, Directorship or Employment in Any
Business, on his Statements of Financial Interests for calendar years 2016
and 2017.
C. Burrell failed to list the Monumental Baptist Church, where he has served as
Chairman of the Board of Trustees, in Block No. 13, Office, Directorship or
Employment in Any Business.
34. From calendar years 2014 through 2017, Burrell, as a Member of the State Board of
Funeral Directors, annually accepted compensation from the Commonwealth of
Pennsylvania when he had not filed Statement of Financial Interests forms with the
State Ethics Commission.
III. DISCUSSION.
As a Member of the State Board of Funeral Directors since 2007, Gregory T. Burrell,
also referred to hereinafter as "Respondent," "Respondent Burrell," and "Burrell," has been
a public official subject to the provisions of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
The allegations are that Burrell violated Sections 1104(a) and 1104(d) of the Ethics
Act when he failed to file Statements of Financial Interests (' SFIs ") for calendar years
2014, 2015, 2016, and 2017 in relation to his public position as a Member and/or Chairman
of the State Board of Funeral Directors, and when he proceeded to take an office, and/or
otherwise continued to execute official duties, while receiving compensation from public
funds at a time when he failed to file SFIs as required by law.
Section 1104(a) of the Ethics Act provides that each public official /public employee
must file an SFI for the preceding calendar year, each year that he holds the position and
the year after he leaves it.
Section 1104 (d) 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.
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.
Burrell has served as a Member of the State Board of Funeral Directors since 2007.
Burrell served as Vice - Chairman of the State Board of Funeral Directors in 2014 and 2015.
Burrell served as Chairman of the State Board of Funeral Directors from approximately
December 2, 2015, to March 29, 2016.
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Until approximately 2014 or 2015, the State Board of Funeral Directors met about
once a month. At some point during 2014 or 2015, the meetings were held approximately
once every six weeks. The Members of the State Board of Funeral Directors receive
$60.00 for each meeting attended as well as reimbursement of travel expenses.
As a Member of the State Board of Funeral Directors, Burrell is required to annually
file an SFI with this Commission and the State Board of Funeral Directors by May 1.
Burrell was made aware of his requirement to file SFIs when he was appointed to the State
Board of Funeral Directors in 2007, and he was again made aware of his requirement to
file SFIs when he was reappointed to the State Board of Funeral Directors in 2014.
In or around July 2017, the Administrative Division of this Commission conducted
compliance reviews of state boards and commissions after being advised that some
members of various state boards had failed to file SFIs for calendar year 2016. One of the
state boards that identified non - filing board members was the State Board of Funeral
Directors, which identified Burrell as a non -filer for calendar year 2016.
Pursuant to Commission procedures, a Notice letter dated August 17, 2017, and a
Final Notice letter dated September 21, 2017, were mailed to Burrell. The Notice letter and
the Final Notice letter each provided Burrell with notice of the intent to commence civil
penalty proceedings pursuant to Section 1109(f) of the Ethics Act for the delinquent SFI for
calendar year 2016. Burrell did not respond to the Notice letter or the Final Notice letter,
and he did not file an SFI for calendar 2016.
In or around July 2018, this Commission conducted a more extensive compliance
review, which determined that in addition to not filing an SFI for calendar year 2016, Burrell
had not filed SFIs for calendar years 2014, 2015, and 2017. As a Member of the State
Board of Funeral Directors, Burrell received a total of $2,100.00 in compensation from the
Commonwealth at a time when he had failed to file SFIs for calendar years 2014 through
2017.
On September 6, 2018, the Investigative Division of this Commission forwarded a
Notice of Investigation to Burrell by certified letter, informing him of allegations that he had
failed to file SFIs for calendar years 2014 through 2017. In a statement provided to a
Commission Investigator on September 20, 2018, Burrell admitted that he was required to
file SFIs and that he had faded to do so. Burrell further admitted to "dropping the ball" on
filing SFIs because of personal matters going on in his life.
On September 24, 2018, Burrell filed SFIs for calendar years 2014 through 2017
with this Commission. All four SFIs were deficient in that Burrell listed himself as a
Nominee and a Former Public Official on each SFI. Burrell further failed to disclose his
office, directorship or employment in the Monumental Baptist Church of Philadelphia —for
which he served as Chairman of the Board of Trustees —on his SFIs for calendar years
2015, 2016, and 2017. Burrell additionally failed to disclose his office, directorship or
employment in the Urban League of Philadelphia —for which he served as a Director ---on
his SFIs for calendar years 2016 and 2017.
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:
a. That Burrell violated Section 1104(a) of the
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Public Official and Employee Ethics Act, 65
Pa.C.S. § 1104(a), when he failed to file
Statements of Financial Interests with the State
Board of Funeral Directors for the 2014, 2015,
2016, and 2017 calendar years.
That Burrell violated Section 1104(d) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1104(d), when he proceeded to take
an office, and /or otherwise continued to execute
official duties, while receiving compensation from
public funds at a time when he failed to file
Statements of Financial Interests for the 2014,
2015, 2016, and 2017 calendar years with the
State Board of Funeral Directors.
4. Burrell agrees to make payment in the amount of $1,000.00 in
settlement of this matter, representing the four (4) years that
he failed to file Statements of Financial Interests, 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.
Burrell will not be required to disgorge his
compensation received at a time when he failed
to file his Statements of Financial Interests.
5. Burrell agrees to file complete and accurate Statements of
Financial Interests with the Pennsylvania State Ethics
Commission, for calendar years 2014, 2015, 2016, and 2017
within thirty (30) days of the issuance of the final adjudication
in this matter.
Burrell agrees to not accept any reimbursement, compensation
or other payment from the State Board of Funeral Directors
representing a full or partial reimbursement of the amount paid
in settlement of this matter.
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 1 -2.
In considering the Consent Agreement, we agree with the parties, and we hold that
Burrell violated Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), when he failed to
file SFIs for the 2014, 2015, 2016, and 2017 calendar years with the State Board of
Funeral Directors.
We accept the recommendation of the parties, and we hold, that Burrell violated
Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), when he proceeded to take an
office, and /or otherwise continued to execute official duties, while receiving compensation
Burrell, 18 -029
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from public funds at a time when he failed to file SFIs for the 2014, 2015, 2016, and 2017
calendar years with the State Board of Funeral Directors
As part of the Consent Agreement, Burrell has agreed to make payment in the
amount of $1,000.00 payable to the Commonwealth of Pennsylvania, representing the four
years that he failed to file SFIs, with such payment forwarded to this Commission within
thirty (30) days of the issuance of the final adjudication in this matter. Burrell has agreed to
not accept any reimbursement, compensation or other payment from the State Board of
Funeral Directors representing a full or partial reimbursement of the amount paid in
settlement of this matter. Burrell has also agreed to file complete and accurate SFIs for
calendar years 2014, 2015, 2016, and 2017 with this Commission within thirty (30) days of
the issuance of the final adjudication in this matter.
As part of the Consent Agreement, the parties have agreed that Burrell will not be
required to disgorge the compensation he received at a time when he failed to file SFIs.
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, Burrell is directed to make
payment in the amount of $1,000.00 payable to the Commonwealth of Pennsylvania,
representing the four years that he failed to file SFIs, with such payment forwarded to this
Commission by no later than the thirtieth (301t') day after the mailing date of this
adjudication and Order.
Burrell will not be required to disgorge the compensation he received at a time when
he failed to file SFIs.
Per the Consent Agreement of the parties, Burrell is directed to not accept any
reimbursement, compensation or other payment from the State Board of Funeral Directors
representing a full or partial reimbursement of the amount paid in settlement of this matter.
To the extent he has not already done so, Burrell is directed to file complete and
accurate SFIs for calendar years 2014, 2015, 2016, and 2017 with this Commission by no
later than the thirtieth (30th) day after the mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
As a Member of the Pennsylvania State Board of Funeral Directors ( "State Board of
Funeral Directors ") since 2007, Gregory T. Burrell ( "Burrell Pimployee has been a public
official subject to the provisions of the Public Official and Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Burrell violated Section 1104(a) of the Ethics Act, 65 Pa.C.S. 1104(a), when he
failed to file Statements of Financial Interests for the 2014, 2015, 2016, and 2017
calendar years with the State Board of Funeral Directors.
3. Burrell violated Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104 d), when he
proceeded to take an office, and/or otherwise continued to execute o cial duties,
while receiving compensation from public funds at a time when he failed to file
Statements of Financial Interests for the 2014, 2015, 2016, and 2017 calendar
years with the State Board of Funeral Directors.
In Re: Gregory T. Burrell, File Docket: 18 -029
Respondent Date Decided: 516119
Date Mailed: 5113119
ORDER NO. 1755
Gregory T. Burrell ( "Burrell "), as a Member of the Pennsylvania State Board of
Funeral Directors ( "State Board of Funeral Directors "), violated Section 1104(x) of
the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1104(a),
when he failed to file Statements of Financial Interests for the 2014, 2015, 20166,
and 2017 calendar years with the State Board of Funeral Directors.
2. Burrell violated Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), when he
proceeded to take an office, and /or otherwise continued to execute official duties,
while receiving compensation from public funds at a time when he failed to file
Statements of Financial Interests for the 2014, 2015, 2016, and 2017 calendar
years with the State Board of Funeral Directors.
3. Per the Consent Agreement of the parties, Burrell is directed to make payment in
the amount of $1,000.00 payable to the Commonwealth of Pennsylvania,
representing the four years that he failed to file Statements of Financial Interests,
with such payment forwarded to the Pennsylvania State Ethics Commission by no
later than the thirtieth (30th) day after the mailing date of this Order.
Burrell will not be required to disgorge the compensation he received at a
time when he failed to file Statements of Financial Interests.
4. Per the Consent Agreement of the parties, Burrell is directed to not accept any
reimbursement, compensation or other payment from the State Board of Funeral
Directors representing a full or partial reimbursement of the amount paid in
settlement of this matter
5. To the extent he has not already done so, Burrell is directed to file complete and
accurate Statements of Financial Interests for calendar years 2014, 2015, 2016,
and 2017 with this Commission by no later than the thirtieth (30th) day after the
mailing date of this Order.
6. Compliance with paragraphs 3, 4, and 5 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,
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