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HomeMy WebLinkAbout1757 FikePHONE: 717-783.-1610 TOLL FREE: 1-800-932-0936 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,