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In Re: Edward Fike,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
X-ref:
Date Decided
Date Mailed:
FACSIMILE 717-787-0806
WESSITE: wwwethic u� ov
_ A.M.
18-023
Order No, 1757
6/28/19
7/3/19
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Monique Myatt Galloway
Michael A. Mwartz
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"), �5 Pa. C. S. § 1101 et seq., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon completion of its investiclation, 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.
1. ALLEGATIONS:
That Edward Fike, a public official/public employee in his capacity as a Council
Member and/or Mayor for the City of Uniontown, Fayette County, violated Section 11 03(a)
of the State Ethics Xct (Act 93 of 1998 when he utilized the authority of his public position
resulting in a private pecuniary benefit of himself and/or his daughter (a member of his
immediateifaV), when he participated in discussions and actions of City Council to
appoint h msel as CityE position of
Mayor; and to appoint his daughter to a
employment/office with the City of Uniontown.
Edward Fike (also referred to herein as "Fike' has served as the Mayor for the City
of Uniontown ("City" ,), Fayette Count,, , "Fike"')
3, 2018, to the present.
a. Fike previously served as Mayor of the City from January 7, 2008, to
December 31, 2015.
b. Fike was most recently sworn in as a Member of Council on January 2, 2018.
C. Fike additionally served as a Member of Council/Director of Accounts &
Finance for the City from January 2, 2018, to January 8, 2018.
Rke, 18-023
75e 2
I Fike simultaneously served as Mayor and a Member of Council from
January 3, 2018, to January 8, 2018.
2. Fike resigned as a Member of Council/Director of Accounts & Finance
effective January 8, 2018, in order to serve as Mayor.
2. The City is a Third -Class City governed by a four -Member Council and the Mayor,
a. Council holds one regularly scheduled legislative meeting per month on the
first Tuesday of each month.
b. Council holds special meetings as necessary.
3. City Council Members and the Mayor receive a salary for services rendered in their
capacity as public officials.
a. Council Members receive $1,200.00 annually for their service as public
officials,
b. The Mayor receives $3,000.00 annually for his service as a public official.
4. Voting at City Council meetings is conducted via roll call vote.
a. Abstentions and/or objections cast are specifically noted within the meeting
minutes.
1 Minutes of each meeting are approved for accuracy at each
subsequent meeting.
b. The Mayor possesses voting rights and is considered a Member of Council
for voting purposes.
5. Council and the Mayor are provided with a meeting packet the day before each
legislative meeting.
a. The meeting packet and the agenda included with the packet is
created/organized by the City Clerk.
b. The meeting packets routinely consist of the upcoming meeting agenda, the
prior month s meeting minutes, a bill list, a treasurer's report, etc.
C, The meeting. packets are placed in each Council Member's mailbox and the
Mayor's mailbox maintained at City Hall.
6. A bill list is supplied to Council and the Mayor at each legislative meeting to be
approved via formal vote of Council.
a. The bill list documents all of the bills received since the prior legislative
meeting.
b. City payroll is not presented to Council for approval as either a separate
matter or as part of the bill list.
7. City employees receive their base salary twice per month via direct deposit or City
check.
a. Council and the Mayor receive their base salary twice per month via direct
deposit or City check.
Pike, 18-023
Ty-a-g-e 3
1 Members of Council and the Mayor are compensated regardless of
whether or not they attend Council meetings,
2. Fike has attended all Council meetings during his terms as Mayor of
Uniontown.
3. Effective July 1, 2018, all City employees must receive their pay via
direct deposit.
8. Signature authority over the City's financial accounts is maintained by the Mayor,
the Director of Accounts & Finance, the City Treasurer, the City Controller, the
Deputy City Treasurer, and the Deputy City Controller.
a. City checks require the live signature of at least four of the six authorized
signatories.
1. The City does not utilize facsimile stamps.
THE FOLLOWING FINDINGS RELATE TO ADVICE PROVIDED BY THE CITY
SOLICITOR TO FIDE IN APPROXIMATELY 2015.
9. Kim Marshall ("Marshall") is Fike's dau ter and a member of his immediate family
as defined by the Ethics Act, 6 r § 1102.
10. Marshall was initially employed as the City Clerk from January 16, 2008, until
January 4, 2016.
a. Marshall was hired to the position of City Clerk shortly after Fike took office
as the City Mayor in 2008.1
1 . Fike abstained from votingat the January 16, 2008, Council meeting
to appoint his daughter, shall, as City Clerk.
11. Marshall served as the City Clerk during Fike's entire term as the City Mayor (2008-
2015).
a. Marshall decided to resign as City Clerk after receiving notice that Fike lost
the 2015 mayoral election to Bernie Kasievich.
1 Marshall resigned as City Clerk at the January 4, 2016, Council
meeting.*
*[Cf, Fact Finding 14.]
12. Marshall believed that two Members of Council would be absent from the December
23, 2015, Council meeting.
a. Marshall contacted City Solicitor J.W. Eddy prior to the December 23, 2015,
Council meeting.
b. Marshall explained to Eddy that if Fike abstained from her resignation, a
quorum may not be present to approve her resignation.
13. Eddy advised that Fike was permitted to vote on Marshall's resignation, so long as
Fike verbally declared his conflict.
a. Marshall informed Fike of Eddy's advice prior to the December 23, 2015,
Fike, 18-023
75 _g6 4
Council meeting.
As a result of Eddy's advice, Marshall and Fike developed and
maintained the belief that public officials may vote on matters related
to their immediate family members, so long as the conflict is verbally
declared.
14. Marshall's resignation was accepted at the December 23, 2015, Council meeting*
via a 4-0 vote, with Fike voting affirmatively.
*[Cf., Fact Finding 11 a(l).]
a. Meeting minutes do not record Fike declaring a conflict prior to the vote.
THE FOLLOWING FINDINGS RELATE TO EVENTS OCCURRING ON OR AFTER
JANUARY 2, 2018.
15, Shortly before the start of the January 2, 2018, reorganizational meeting, City Police
Chief Jason Cox ("Cox") informed Fike and Mars -hall that Mayor Kasievich was
resigning his position as Mayor that evening.
a. Kasievich had supplied his letter of resignation to Cox to be read and
accepted at the January 2, 2018, reorganizational meeting.
16. Council (including Fike) accepted Kasievich's resignation during the January 2,
2018„ reorganizational meeting.
a. Kasievich resigned with two years remaining in his term.
17. A reception for the swearing in of the new Council Members was held following the
January 2, 2018, reorganizational meeting of Council.
a. At the reception, Council Members discussed steps to be taken given the
Mayor's resignation.
b. The Accounts and Finance Director had historically been appointed to fill a
mayoral vacancy and that was the expectation of all of the Council Members
prior to and during the January 2, 2018, Council meetings.
C. As Mayor, Fike would be el [a ible to receive $3,000.00 annually, an increase
of $1)800 . 00 over his $1 , 200.00 annual Councilman compensation.
18. The following action was taken by Council during the January 2, 2018, legislative
meeting regarding the appointment of Fike as Mayor and Fike's daughter as City
Administrator;
a. Palumbo motioned for the unexTired two-year term of the Mayor to be filled
by Fike effective January 3, 2018.
The motion was seconded by Gatti and passed via a 4-0 vote with
Fike voting affirmatively.
b. Palumbo motioned to create the City Administrator position and that the
position be created without health benefits.
The motion was seconded by Gatti and passed via a 4-0 vote with
Fike voting affirmatively.
Fike, 118-023
P—age �
C. Palumbo motioned to appoint Marshall to the City Administrator position at
an annual salary of $49,500.00 effective immediately.
1. The minutes paraphrase that priorto a second motion, Fike stated the
following re arding Palumbo's motion: "for the eight years that he was
in office as regarding
his daughter was the nuts and bolts to make the
City run. Kim helped him become a better Mayor,"
2. The motion was seconded by Gatti and passed via a 4-0 vote with
Fike voting affirmatively.
d. Fike asserts that throughout the January 2, 2018, Council meetings, neither
Solicitor Eddy nor anyone from his law office was present to give legal advice
to Council as Councils Solicitor.
19. On or about January 3, 2018, Marshall received a telephone call from a local
newspaper reporter who asserted that the City Administrator position was not
created as mandated by the Third -Class City Code.
a. ARTICLE XI I -A, Section 1201 -A of the Third -Class City Code provides that
"City council may, at its discretion at any time, by ordinance, enacted by a
majority vote of all members elected to council, create the office of city
administrator or manager and may in like manner abolish the same.,,
b, No ordinance was enacted by Council creating the office of City
Administrator.
20, Marshall subsequently contacted Solicitor Eddy to determine if there was any
validity to the reporter's information.
a, Fike and Gatti also contacted Eddy about the legalities associated with the
creation of the City Administrator position.
b. Eddy reviewed the Third -Class Cit4 Code and determined that the City
Administrator position was not crewed in accordance with the Third -Class
City Code, in that the position was not created via an ordinance and the
ordinance was not advertised.
21. Eddy ultimately advised Fike, Gatti, and Marshall that the simplest way to rectify the
c
situation would be to rescind the motion related to the creation of the City
Administrator position and to appoint Marshall as City Clerk.
22. Fike and Marshall subsequently discussed what actions needed to be taken to
remedy the situation of Marshall serving as City Administrator without an ordinance
and Fike simultaneously serving as a Member of Council and Mayor,
a, Fike and Marshall ultimately determined the following:
1. The City Administrator position should be abolished.
2. Marshall would be appointed City Clerk.
3. Wood would be demoted to Assistant City Clerk.
4. Fike would resign as a Member of Council in order to serve as Mayor.
b. Fike asserts that any corrective actions were undertaken at the direction of
Solicitor Eddy regarding the need to rescind actions taken at the January 2,
Fike, 18-023
Fa—g6 6,
2018, Council meetings.
23. Council Members were informed of the special meeting to be held on January 8,
2018, and the action to be taken at the meeting.
a. Council Members were in agreement regarding the proposed actions to take
place at the special meeting, including Marshall serving as City Clerk and
Wood serving as Assistant City Clerk.
b. Fike asserts that at no time during or before the January 8, 2018, City
Council meetin was guidance ?iven to Fike by Solicitor Eddy advising him of
his need to absTain from any Ci y Council vote involving himself or Marshall.
24. At the January 8, 2018, special meeting, multiple decisions/actions occurred in
relation to Fike and Marshall as follows:
a. Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 21,
submitted/introduced by Jones and seconded by aatti.
1. Resolution 21 stipulated Fike's resignation as a Member of
Council/Director of Accounts & Finance in order to accept his
appointment as Mayor.
b. Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 23,
submitted/introduced by Jones and seconded by Gatti.
Resolution 23 rescinded Marshall's appointment as City Administrator.
C. Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 24
upon motion by Jones and seconded by Gatti.
Resolution 24,provided that Wood was to be demoted from City Clerk
to Assistant City Clerk.
d, Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 25
upon motion by Gatti and seconded by Palumbo.
1 Resolution 25 stipulated the amendment of the 2018 salary ordinance
to reflect Marsha I's salary City Clerk to be $49,500.00 and Wood's
salary as Assistant City Clerk to be $45,000.00.
e. Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 26
that was introduced by Jones and seconded by Gatti.
Resolution 26 stipulated Marshall's appointment as City Clerk.
2. The meeting minutes confirm Fike stating prior to the vote that
Marshall "will be a big asset to the City."
3, Fike asserts that he verbally stated: "Kim's my daughter."
The Pennsylvania Third Class City Code states that a majority of the number
of members of council shall constitute a quorum. 11 Pa.C.S. § 11004(b)(I).
At the time action was taken, only three (3) votes of Council were
necessary.
25. As of November 2, 2018, Fike was compensated $2,446.04 (gross) as Mayor.
Fike, 18-023
P_ag6 7
a. City -issued checks, including paychecks, require the live signature of no less
than four designated signatories.
b. Fike's live signature appears on 20 of the 22 checks issued to him for
mayoral salary between January 12, 2018, and November 2, 2018.
C. Fike received $1,246.04 more in compensation as Ma orthan he would have
as a Member of Council during calendar year 2018 ($�,446.04 [payments to
date as Mayor] - $1,200 . 00 [annual compensation as a Member of Council]
$1,246.04).
26. Fike's daughter, Marshall, realized a pecuniary benefit as a result of actions taken
by Fike as the Mayor of the City to appoint Marshall as City Clerk.
27, Fike realized a pecuniarybenefit when, as a Member of Council, he participated in
discussions an, Council resulting in his appointment as Mayor of the City,
resulting in an increase in his public official compensation.
Ill. DISCUSSION:
As Mayor for the City of Uniontown ("City"), Fayette Coun , Pennsylvania, from
January 3 2018 to the present, and as a Member of City Council/�Nrector of Accounts &
Finance for the 6ity from January 2, 2018, to January 8, 2018, Respondent Edward Fike,
also referred to herein as "Respondent," "Respondent Fike,"
and "Fike," has been a Mlic
official ublic employee sub ect to the provisions of the Public Official and Employee thics
Act ("Eft � h ics Act"), 65 Pa. C. § 1101 et seq.
The allegations are that Fike violated Section 11 03(a) of the Ethics Act when he
utilized the authority of his public position resulting in a private pecuniary benefit to himself
and/or his daughter, a member of his immediate family, when he participated in
discussions and actions of City Council: (1) to agoint himself as City Mayor; and (2) to
appoint his daughter to a position of employmen office with the City,
Section 1103(a) of the Ethics Act provides:
§ 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 following terms are defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public e plo ee 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 consistingof the general public or a
subclass consisting of an industry,
, occupation or other group
Fike,, 18-023
P—age 8
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.
"Authority of office or employment." The actual
power provided by law, the exercise of which is necessary to
the performance of duties and responsibilities unique to a
particular public office or position of public employment.
"Immediate family." A parent, spouse, child, brother or
sister.
65 Pa.C.S. § 1102,
Section 1103(a) of the Ethics Act prohibits a public official/publicemployee 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 official/public
employee himself, any member of his immeWe family, or a business with which he or a
member of his immediate family is associated.
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 governed by a four -Member Council and Mayor. The
Mayor possesses voting rights and is considered a Member of Council for votinW, purposes.
City Council Members receive $1,200.00 annually for their service as public officials. The
Mayor receives $3,000.00 annually for his service as a public official.
Signature authority over the City's financial accounts is maintained by six City
officials including the Mayor, City checks require the live signature of at least four of the six
authorized signatories.
City does not utilize facsimile stamps.
Res ondent Fike has served as Mayor of the City from January 3, 2018, to the
resent, rike previously served as City Ma or from January 7, 2008, to December 31,
2015. Fike served as a Member of CouncilyDirector of Accounts & Finance for the City
from January 2, 2018, to January 8, 2018, when he resigned from these positions to serve
as Mayor.
Fike's daughter, Kim Marshall ("Marshall"), served as City Clerk from January16,
2008, until January 4, 2016, Marshall resigned as City Clerk after Fike lost the 015
mayoral election to Bernie Kasievich ("Kasievich"), Prior to her resignation, Marshall
received advice from the City Solicitor, J.W. Eddy ("Eddy"), relatin to Marshall's
resignation, which resulted in both Marshall and Fike developing and maintining the belief
that public officials may vote on matters related to their immediate family members so long
as the conflict is verbally declared.
At the January 2, 2018, reorganizational meeting of City Council, Kasievich resigned
"'
from the office of Mayor, City Council, including Fike, accepted Kasievich's resignation.
At the January 2, 2018, legislative meeting 9f City Council, Council voted 4-0, with
Fike voting affirmatively, for Fike to fill the remaining two years of the Ma or's term, As
Mayor, Fike would be eligible to receive $3,000.00 annually, an increase of V800.00 over
his $1,200.00 annual Councilman compensation.
Also at the January 2, 2018, legislative meeting, City Council including Fike) voted
4-0 to create the City Administrator position. City Council Member ((including
("Palumbo")
motioned to appoint Marshall to the City Administrator position at an annual salary of
Fike 18-023
Aa& 9
$49,500.00 effective immediately. The minutes paraphrase that Fike stated the following
regarding Palumbo's motion. "for the eight years that he was in office as Mayor, his
daughter was the nuts and bolts to make the City run, Kim helpped him become a better
Mayor," Fact Finding 18 c(l). The motion passed via a vote with Fike voting
-7— affirmatively
On or about January 3, 2018, a local newspaper reporter asserted that the City
Administrator position was not created as mandated by the Third -Class City Code, Fike,
Marshall, and Council Member Gatti ("Gatti") contacted Eddy about the legalities
associated with the creation of the City Administrator position. Eddy determined that the
City
Administrator position was not created in accordance with the Third -Class City Code in
thatthe position was not created via an advertised ordinance. Eddy ultimately advised
Fike, Marshall, and Gatti that the simplest way to rectify the situation would be to rescind
the motion related to the creation of the City Administrator position and to appoint Marshall
as City Clerk.
At the January 8, 2018, special meeting of City Council, the following
decisions/actions occurred in relation to Fike and Marshall: (1) Council, via a 4-0 vote (with
Fike votinj affirmatively) passed Resolution 21, which stipulated Fike's resignation as a
Member o Council/Director of Accounts & Finance in order to accept his appointment as
Mayor; (2) Council, via a 4-0 vote (with Fike voting affirmative[) passed Resolution 23,
which rescinded Marshall's appointment as City Administrator;) Council, via a 4-0 vote
(with Fike votin�4affirmativft(o ) �assed Resolution 24, which provided that an individual
referred to as " ood" was e demoted from City Clerk to Assistant City Clerk; (4)
Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 25, which
stipulated the amendment of the 2018 salary ordinance to reflect Marshall's salary as City
Clerk to be $49,500.00 and Wood's salary as Assistant City Clerk to be $45,000,00; and
(5) Council, via a 4-0 vote (with Fike voting affirmatively) passed Resolution 26, which
Stipulated Marshall's appointment as City Clerk. The meeting minutes confirm Fike stating
prior to the vote that Marshall "will be a big asset to the City. Fike asserts that he verbally
stated: "Kim's my daughter."
Marshall realized a pecuniary benefit as a result of actions taken by Fike in his
official capacity to appoint arshall as City Clerk. Fike also realized a pecuniary benefit
when he participated in discussions and votes of Council resulting in his appointment as
Mayor of the City, and consequently, an increase in hisTublic official compensation. As of
November 2, 2018, Fike was compensated $2,446.0 (gross) as Mayor. Fike received
$1,246.04 more in compensation as Mayor than he would have received as a Member of
Council during calendar year 2018. As an authorized signatory for the City, Fike si ned 20
of the 22 checks issued to him for mayoral salary between January 12, 20?8, and
November 2, 2018.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3, The Investigative Division will recommend the following in
relation to the above allegations:
That a violation of Section 11 03(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Edward Fike, in his
capacity as a Council Member and/or Mayor for
the City of Uniontown, utilized the authority of his
public position by partici'ating in discussions
and actions of City Council on or about January
Fike, 18-023
7-a—ge 10
8, 2018, to appoint himself as city Mayor; and to
appoint his daughter to a position of
employment/office with the City of Uniontown.
Fike agrees to make payment in the amount of $2,946.04 in
settlement of this matter payable as follows:
a, $2,446.04 payable to the City of Uniontown and
forwarded to the Pennsylvania State Ethics
Commission within thi2 (30) days of the
issuance of the final adjudication in this matter.
b. $500.00 which represents a by portion of the
g
expenses and costs incurred e State Ethics
Commission in the investigation and
administrative prosecution of the instant matter,
payable by certified check or money order made
payable to the Pennsylvania State Ethics
Commission within thirty (30) days of the
issuance of the final adjudication in this matter.
FlKe agrees to not accept any reimbursement, compensation
or other payment from the City of Uniontown 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
sp
ecific
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'spfalilure 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 Agreemen , at 1-2.
In considering the Consent Agreement, we agree with the parties that a violation of
Section 1103(a) of the Ethics Act, 65 Pa 103(a), occurred when Fike, in his
capacity as a Council Member and/or Mayor for City, utilized the authority of his public
position by participating in discussions and actions of City Council on or about January 8,
2018, to appoint himself as City Mayor; and to appoint his daughter to a position of
employment/office with the City.
Fike used the authority of his public office when, at the January 2, 2018, legislative
meeting of City Council, he voted for himself to fill the remaining two years of the tayor's
term.
Also at the January 2, 2018, legislative meeting, Fike used the authority of his public
office when he voted in favor of creating City Administrator position, spoke in support of
his dauqhter, Marshall, for that position, and voted to appoint Marshall to the City
Administrator position at an annual salary of $49,500.00.
Subsequently, Fike used the authority of his public office at the January 8 2018
special meeting of City Council when he voted in favor of approving five Resolutions,
specifically, Resolution 21, Resolution 23, Resolution 24, Resolution 25, and Resolution
26, to rectify problems with actions taken at the January 2, 2018, legislative meeting, so
Fake, 18-023
Page 11
that he could remain City Mayor and his daughter Could hold the employment
position/office of City Clerk rather than the improperly created position/office of City
Administrator.
Fike's daughter, Marshall, realized a pecuniary benefit as a result of actions taken
by Fike in his official capacity to appoint Marshall as City Clerk.
Fike realized a private pecuniary benefit consisting of the higher compensation he
received as City Mayor. As of November 2, 2018, Fike was compensated $2,446.04
(gross) asMa or. Fike received $1,246.04 more in compensation as Mayor than he would
have received a Member of Council during calendar year 2018.
As an authorized signato for the City, Fike signed 20 of the 22 checks issued to
him for mayoral salary between Inuary 12, 2018, and November 2, 2018.
With each element of a violation of Section 1103(a) established, we hold that a
violation of Section 11 03(a) of the Ethics Act, 65 Pa.C.S. § 1103a), occurred when Fike, in
his capacity, as a Council Member and/or Mayor for the City, utilized the authority of his
pu
blic position by participating in discussions and actions of City Council on or about
anuary 8, 2018, to appoint himself as City Mayor; and to appoint his daughter to a position
of employment/office with the City.
As part of the Consent Agreement, Fike has agreed to make payment in the amount
of $2,446.04 payable to the City of Uniontown and ?(orwarded to this Commission within
thirty (30) days of the issuance of the final adjudication in this matter.
Fike has agreed to pay $500.00 to this Commission, which represents a portion of
the expenses anycosts incurred by this Commission in the investigation and administrative
Frosecution of the instant matter, payable by certified check or money order made payable
(o the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the
final adjudication in this matter.
Fike has 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 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 totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Fike is directed to make
payment in the amount of $2,446.04 payable to the CiIt of Uniontown and forwarded to this
Commission by no later than the thirtieth (30th) Yay after the mailing date of this
adjudication and Order.
Per the Consent Agreement of the parties, Fike is directed to fulfill his agreement to
pay $500.00 to this Commission, which represents a portion of the expenses and costs
incurred by this Commission in the investigation and administrative prosecution of the
instant matter, payable by certified check or money order made payable to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30 h) day after the
mailing date of this adjudication and Order.
Finally, per the Consent Agreement of the parties, Fike is 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.
Fike, 18-023
P-a—ge 12
Compliance with the fore oing will result in the closing of this case with no further
action by s Commission. 4oncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. As Mayor for the City of Uniontown ("City"), Fayette County, Pennsylvania, from
January 3, 2018, to the present, and as a Member of C% Council/Director of
Accounts & Finance for the City from January 2, 2018, o January 8, 2018,
Respondent Edward Fike (Tilke") has been a public official/public employee subject
to the C.Trovisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65
Pa. . § 1101 etgLeg.
2. Fike violated Section 1 103(a) of the Ethics Act, 65 Pa.C.S. § 11 03(a), when, in his
capacit as a Council Member and/or Mayor for the City, he utilized the authority of
his public position b participating in discussions and actions of City Council on or
about January 8, Y018, to appoint himself as City Mayor; and to appoint his
daughter to a position of employmentloffice with the City.
In Re: Edward Fike, File Docket: 18-023
Respondent Date Decided: 6/28/19
Date Mailed: 7/3/19
ORDER NO. 1757
Edward Fike ("Fike") violated Section 1103 a) of the Public Official and Employee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 110 (a), when, in his capacity as a Council
Member and/or Mayor for the City of Uniontown ("City"), Fayette County,
Pennsylvania, he utilized the authority of his public position by garticipating in
discussions and actions of City Council on or about January 8, 2018, to appoint
himself as City Mayor; and to appoint his daughter to a position of
employment/office with the City.
2. Per the Consent Agreement: of the parties
, Fike is directed to make payment in the
amount of $2 446.04 payable to the y of Uniontown and forwarded to the
Pennsylvania §tate Ethics Commission by no later than the thirtieth (30th) day after
the mailing date of this Order.
3. Per the Consent Agreement of the parties, Fike is directed to fulfill his agreement to
pay $500.00 to the Pennsylvania State Ethics Commission, which represents a
portion of the expenses and costs incurred V this Commission in the investigation
and administrative prosecution of the instal matter, pa able by certified check or
money order made payable to the Pennsylvania State thics. Commission by no
later than the thirtieth(30th) day after the mailing date of this Order.
4. Fike is 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 2, 3, and 4 of this Order 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.
BY THE COMMISSION,