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In Re: Aaron Pickett,
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
WEBSITE: wwwethics,oa,am
18-041
Order No. 1758
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. 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 seg., by the above -named Respondent. At the
commencement of its investigation, th—e Fnivestigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investi ation, the
Investigative Division issued and served upon Respondent
ondent a Findings Report identified as
e
an "Investigative Complaint," An Answer was not fie. 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
inclings in this Order. The Consent Agreement has been approved.
That Aaron Pickett, a public official/public employee in his capacity as the Finance
Administrator and/or Real Estate Manager for the �ity of Pittsburgh, AlleghenT County,
violated Sections 11 ONa), 11 04(a), and 11 05(a) of the State Ethics Act (Act 9 of 199 )
when he utilized the authority his public position for a private pecuniary benefit when, as
the Real Estate Manager for the City of Pittsburgh, Pickett assessed and set the sale price
of real property owned/held by the City of Pittsburgh, at a time when he possessed a
reasonable interest in purchasing the property for himself;
andwhen, as the Real Estate
Manager for the :)f Pittsburgh, Pickett executed a Proposal to Purchase agreement
between the City of City
and himself, concerning the sale of real proTerty, and when
Pickett failed to file Statements of Financial Interests for the 2013 an 2014 calendar
years, in association with his public position as Finance Administrator; and when, as the
Real Estate Manager, he failed to file Statements of Financial Interests for calendar years
2015, 2016, and 2017.
111. FINDINGS:
Aaron F. Pickett Pickett")
has served as the Manager of the Real Estate Division,
Department ( Pickett.
ffinance Department"), City of Pittsburgh ("City") from
January 25, 2017, to the present.
Pickett was initially employed by the City in the position of Finance
Pickett, 18-041
Nag—e--2
Administrator I in the Collections and Compliance Division of the Finance
Department effective July 14, 2014.
b. Pickett was promoted to the position of Collection Manager, Finance
Department, Real Estate Division, effective January 25,
2016.
1. The Collection Manager position was reclassified/retitled to that of
Real Estate Manager in January 2017.
2. The City maintained/currently maintains a o
* b description for Collection
Manager/Manager of the Real Estate Division (Jk/a Real Estate Manager) which
detailed/details specific position summaries, duties, and job knowledge
requirements as shown, in part, below:
a. Collection Manager:
1 Engagement, management, and working directly to improve the
activities of the collections for the organization, principally in real
estate taxes but may oversee collections in other areas;
2. Review and research of delinquent accounts and analysis provision;
3. Management of the real estate collections, procedures, and policies of
the Public Property file;
4, Management and coordination of the billing and collection of current
and delinquent revenue;
5. Recommendation of sales programs and pricing for City properties;
6. Knowledge of real estate sales practices; and
7. Knowledge of City operating policy and setting prices on sale of City
land.
b. Real Estate Manager:
Management of all parts of the Real Estate Division as well as
oversight of the procedures and policies of the Public Property file;
2. Acting as the point person for other departments for inquiries and
information in heFinance Department Real Estate Division;
3. Management and coordination of the billing and collection of current
and delinquent revenue;
4. Attendance at meetings with real estate management;
5. Recommendation of sales programs and pricing for City properties;
6. Assisting in developing and updating the City's "eProperty Plus" real
estate system;
7. Knowledge of City real estate taxes and property sales programs;
8. Knowledge of the "eProperty Plus" real estate system; and
9. Knowledge of assigning property values.
Pickett, 18-041
P—age 3
C. The Collection Manager and Real Estate Manager job descriptions were
revised in September 2015 and January 2017, respectively.
1 The City is aSecond Class City governed by a nine -Member Council and Mayor
established via Home Rule Charter.
a. City Council's responsibilities include proposing, debating, and voting on
legislation governing and/or affecting the City as well as regulating revenues
and expenses for the City.
b. The Mayor maintains, among other authority, the ability to initiate and veto
legislation.
1 Although City Council is responsible for legislative functions, the basic
form o?government is that of a "strong mayor."
4. City Council and the Mayor conduct regularly scheduled legislative meetings each
Tuesday of the month for the purpose of conducting City business.
a. City Council holds Standing Committee meetings the Wednesday following
each regularly scheduled legislative meeting.
5. The City maintains multiple departments, divisions, etc., through which day-to-day
City administration and operations occur.
a. Included within the existing City departments is the Finance Department.
b. The Finance Department is physically housed within the City -County Building
located at 414 Grant Street, Pittsburgh, PA 15219.
6. The Finance Department is responsible for multiple functions/tasks, including the
following:
a. Billing and collection of tax and fee revenue, intergovernmental payments,
certain grant pa ments, lease payments, and other payments due to the City
for use with budgeted expenditures;
b. Managing tax abatements (including homestead and senior citizen
exemptions);
C. Tracking tax increment financing;
d. Performing audits designed to help business taxpayers with submitting
returns correctly;
e. Serving as the designated tax collector for the City School District and the
Carnegie Library;
Selling tax delinquent property through Treasurer's Sales, selling City -owned
property, tax assessmenFappeals, and City-wide cash management;
9. Performing tax audits and fair collection of money owed to the City;
h. Managing City debt through bonds and borrowing, as well as managing the
City's Comprehensive Municipal Pension Fund; and
Facilitating City-wide annual single and pension audits.
Pickett, 18-041
Page 4
7. The Finance Department consists of five separate divisions, including the
Administrative Division„
Collections and Compliance Division, Financial Control
Division, Real Estate Division, and Properties for Sale Division.
a. The Real Estate Division maintains responsibility for all real estate tax billings
and collections, including Treasurer's Sales.
The Real Estate Division is a branch of the Treasurer's Office, which
falls within the overall structure of the Finance Department,
2. The Real Estate Division office is located on the first floor of the City -
County Building.
b. The Properties for Sale Division is responsible for the management,
maintenance, and marketing of properties acquired by the City through tax
delinquency.
& The Real Estate Division is composed of two separate subdivisions/classifications of
employees which operate from the same physical location/office.
a. The subdivisions include the Three Taxing Bodies classification and the Real
Estate Taxes classification.
The Three Taxing Bodies employees address real estate/properties
acquired by the City through Treasurer's Sales and the subsequent
selling of the real estate/properties to interested individuals.
aa. The Three Taxing Bodies are composed of the City, the
County, and the City School District.
2. The Real Estate Taxes employees are responsible for all real estate
tax billing and collection for the City.
THE FOLLOWING FINDINGS IDENTIFY THE PROCESS BY WHICH PRIVATELY -
OWNED PROPERTY MAY BE MADE AVAILABLE FOR PUBLIC SALE BY A SECOND
CLASS CITY THROUGH A TREASURER'S SALE.
9. The Treasurer of a Second Class City within the Commonwealth of Pennsylvania
maintains ,the authorit to sell at public sale privately -owned property upon which the
assessed and levied axes have not been paid and have become delinquent.
a. The authority for such originates from the Second Class City Treasurer's
Sale and Collection Act.
10. The Second Class City Treasurer's Sale and Collection Act specifically provides for,
in part, the following:
a. Establishment of a system for collection of municipal liens and tax claims
through the sale of real property burdened with said liens and claims;
b. Authorization for the City Treasurer to conduct Treasurer's Sales;
C. Provision of a structure for conducting Treasurer's Sales;
d, Establishment of a system where properties at Treasurer's Sales are
acquired, administered, maintained, and resold for the benefit of co -
jurisdictional taxing bodies; and
Pickett, 18-041
page
e. Creation of a means for establishing title to real property taken at Treasurer's
Sales.
11. Properties within the City carrying a debt in excess of $300.00 in assessed or levied
taxes for a period of time in excess of one year are classified as tax delinquent.
a. Individuals may contact the Real Estate Division or conduct personal
research to inquire/determine if a specific property within the City is classified
as tax delinquent.
b. Property within the City that is determined to be tax delinquent is eligible for
inclusion in a Treasurer's Sale.
The City Treasurer is responsible for scheduling the dates for the sale
of delinquent properties.
aa, The City annually conducts approximately three Treasurer's
Sales.
12. An individual interested in requesting that property be included in a Treasurer's Sale
must be approved through the Real state Division as a buyer prior to the property's
inclusion on the register of properties available for purchase.
a. An individual is required to complete a Request to Include Tax Delinquent
Property in a Treasurer's Sale Proceeding apTlication identifying, in part, the
property to be included in the Treasurers "ale as well as the applicant's
ownership of any other City properties.
1 The application may be obtained via the City website or at the Real
Estate Division counter.
13. Once completed, the application is returned to the Real Estate Division for review
and vetting to approve the applicant as a qualified buyer.
a. An applicant who does not owe any outstanding taxes, does not owe any
water or sewage fees, and is in compliance with City codes and policies is
approved as a qualified buyer,
b. An application is denied where an applicant has any outstanding taxes, water
and/or sewage fees, code violations, citations, etc., associated with the
applicant's ownership of any other property within the City.
1 Payment of all outstanding fees, citations, and/or taxes owed is
required prior to approval of the individual's application.
14. Once approved as a buyer, the applicant remains in the Real Estate Division's
Request to Purchase system as an approved buyer for a period of one year.
a. Individuals approved as buyers may request that additional properties be
included in upcoming Treasurer's Sales during the one-year period without
needing to be reapproved.
An a roved buyer is required to file a separate application with the
Reaff'state Division for any additional property the applicant wants
placed on property rolls for upcoming Treasurers Sales.
Pickett, 18-041
Pa—g-e-G
aa. A specific approved buyer must be attached to every property
included on the property roll generated for a Treasurer's gale.
15. Although an approved buyer may request that a delinquent property be placed on
the property roll for a Treasurer's Sale, the approved buyer is not required or
otherwise obligated to actually purchase the property/properties at the Treasurer's
Sale.
a. Attendance at Treasurer's Sales is not limited to those individuals approved
as buyers through the Real Estate Division.
1. Treasurer's Sales are open to all members of the public.
b. The buying of property at a Treasurer's Sale is not restricted to only those
individuals who have been approved as buyers through the Real Estate
Division.
1 Any attendee is eligible to bid on and purchase property presented at
a Treasurer's Sale.
16. The City follows procedure established via the Treasurer's Sale and Collection Act
for the disposition of properties presented at Treasurer's Sales as follows:
a. Notice is provided from the Treasurer/Treasurer's Office to parties with an
,n
interest the property to inform the parties of the pending sale and to allow
the parties an opportunity to defend their interests in the property.
I Any property owner wishing to challenge the inclusion of his/her
property in Ze sale must file a verified objection in writing with the
Treasurer/Treasurer's Office within ten days after service of written
notice.
2. The Treasurer's Sale and Collection Act defines an interested party
as a person who has an interest of record in the property.
b. The properties intended to be sold are advertised once a week for two
consecutive weeks prior to the date set for the sale in a newspaper of
general circulation and the legal newspaper printed and published in the City.
C. A notice is posted conspicuously on, in front of, or contiguous to each parcel
of land advertised for sale at least ten days prior to the sale.
1. The notice identifies that the property is to be sold at a Treasurer's
Sale for delinquent claims.
2. The notice identifies the date, time, and place of the sale as well as a
telephone number or address at which the owner can obtain
additional information.
3. A notice of similar information is posted at the Treasurer's Office.
d. The Treasurer/Treasurer's Office establishes a minimum price for each
property under which no bid may be accepted.
1. The minimum price is to total an amount sufficient to pay the liened or
unliened delinquent taxes, water rents, sewage service charges, and
other Municipal claims.
Pickett 18-041
2. Calculations of additional amounts due for other municipal claims and
liens, penalties, interest, lien costs, and costs of sale are to be
completed within th i rty days and transmitted by the
Treasurer/Treasurer's Office to the purchaser for payment within thirty
days from the date of the Treasurer's bill.
e. The successful purchaser at the Treasurer's Sale, if a% issues paent to
the Treasurer/Treasurer's Office in the full amount of the successful bid as
soon as the property is sold.
Payment for other charges of the taxing bodies is made to the
Treasurer before delivery of the property deed.
aa. Failure to pay the additional amounts within thirty days
following the Treasurer's bill results in an invalidation of the
sale, with the minimum price already paid forfeited to the City.
An interested party whose vested right in the property is adversely affected
by �he Treasurer's Sale must file an appeal the Court of Common Pleas
within thirty days to contest the regularity of the sale procedure.
91 Any owner/interested party or person legally entitled to the property through
the owner/interested party has the right to redeem the property within ninety
days of the Treasurer s Sale by paying the full amount of the claims for which
the property was sold, costs of the sale, costs of improvements made to the
property, and current charges and current municipal claims against the
property.
The redeemer must also issue payment in the amount of 15% of the
total purchase price to the City for subsequent payment to the
divested purchaser.
h. The Treasurer/Treasurer's Office presents a report to the Court of Common
Pleas no less than ninety days after the Treasurers Sale, identifying
information required to substantiate the regularity of the sale for eac
property sold and not scheduled for resale.
The Court of Common Pleas confirms the sale if the report indicates
that the sale was properly conducted.
2. The report separately lists properties for which the minimum price was
not met and identifies that:
aa. Properties retained by the City as the agent for the coexisting
taxing bodies may be put up for private sale or held for public
purposes; and
bb, Properties which the City has retained as an agent are to be
the sub'ect of a petition to the Court of Common Pleas to clear
title in Pavor of the City if necessary.
The Treasurer delivers a deed for the property to the purchaser after the
purchaser pays the minimum bid (and all other charges) and the Court of
Common Pleas has entered an Order of Confirmation.
The property purchased is taxable in the year following the purchase
at the Treasurer's Sale.
Pickett, '18-041
59-6 $
17. If a property presented at a Treasurer's Sale is not redeemed or purchased by a
third -party at the sale for the upset price or more, the City may take title to the
property as an agent for the taxing bodies having claims against the property.
a. The interests of the taxing bodies are to be fixed and determined as of the
time of the filing of the report with the Court of Common Pleas.
18. If the City takes title to the pproperty as an agent for the taxing bodies, the property is
laced into the Three Taxingg Bodies' inventory and entered into the City's
`eProperty Plus" website(publicpgh.epropertyplus.com/landmgmtpub/app/base
/landing) for potential sale to interested individuals.
a. The City's "eProperty Plus" real estate system is a database which can be
utilized as a resource to identify properties in the Three Taxing Bodies'
inventory that are available for purchase.
19. The City does not maintain any specific policy prohibiting a City employee from
purchasing property via the established Treasurer's Sale process.
a. The City Ethics Code states that a City employee is permitted to bid at
certain auctions as long as the employee is not receiving anything of value
on terms better than what is available to the public at large.
THE FOLLOWING FINDINGS ILLUSTRATE THE PROCESS BY WHICH PROPERTY
HELD BY THE CITY WITHIN THE THREE TAXING BODIES' INVENTORY MAY BE
PURCHASED BY PRIVATE INDIVIDUALS AND/OR ENTITIES THROUGH THE REAL
ESTATE DIVISION.
20. Individuals/business entities interested in purchasing property held by the City on
behalf of the Three Taxing Bodies ("City -Held Property") who were not previously
qualified as buyers within one year of starting the purchase process are required to
complete a Request to Purchase application to become a qualified buyer.
a. Applications are available through the City property sales webpage
ittsburghpa.gov/finance/property-sales/index. html) or directly from the Real
state Division office.
1. Separate applications exist for individuals interested in purchasing
property as opposed to business entities interested in purchasing
property.
b. Property available for purchase can be identified via use of the City's
"eProperty Plus" website or direct contact with an employee of the Real
Estate Division.
21. Request to Purchase applications submitted for the purchase of City -Held Property
require, in part, the following:
a. Identification of the property the applicant is interested in purchasing;
b. Identification of the end use for the property the applicant is interested in
purchasing; and
C. Identification of all additional properties the applicant owns within the City.
22. Request to Purchase applications submitted to the Real Estate Division are
currently collected by/provided to the Real Estate Division Sales Coordinator daily
for initial review and subsequent entry into an Excel spreadsheet for tracking
Pickett, 1 8-041
P—ag-`67-0
purposes.
a. Once per week (or more if needed the applications are entered into the Real
Estate Division Request to Purchase system, organized into a Book(s),
assigned a Book Number, and subsequently processed for information
regarding approval or denial of the applicant as a buyer.
1. Information contained on the applications within the Book is
electronically distributed to and subsequently returned by Pittsburgh
Water & Sewage for identification of any outstanding payments, fees,
etc., owed , the applicant on any existing City property owned.
aa. Any outstandiny payments due are documented in handwriting
on the pertinen application.
2. Applications in the Book are also vetted by Real Estate Division
Gersonnel throh the City Permits, Licensing, and Inspection
epartmentfor identification of any outstanding code citations, fines,
etc., attached to any other City property owned by the applicant.
aa. Any existingcode citations, fines, etc., discovered are printed
andI directly to the pertinent application.
3. Applications in the Book are examined through the Real Estate
Division database for any additional City properties owned by the
applicant for which any taxes were owed,
aa. Any outstanding taxes owed on other property owned by the
applicant are documented in handwriting on the pertinent
application.
23. The Sales Coordinator was not previously involved in the intake or review of
Request to Purchase applications submitted to the Real Estate Division for
consideration.
a. Prior to the Sales Coordinator's involvement in the process, no mechanism
was utilized to track Request to Purchase applications filed.
24. Request to Purchase applications devoid of any outstanding fees, code citations,
taxes, etc., in conjunction with other City property owned are approved and the
applicant is qualified as a buyer.
a. Applicants qualified as buyers remain in the Real Estate Division system for
a period of one year from the date of application approval.
25. Applications containing outstanding fees, citations, taxes, etc., in conjunction with
other City property owned are denied.
a. The applicant is not eligible for approval as a qualified buyer until all
outstanding fees, code citations, taxes, etc.,
are satisfied/resolved.
1. Denied applications are eligible for approval upon satisfaction of
outstanding fees, code citations, taxes, etc.
2. A new application is not required to be filed.
26. After a buyer is qualified and the desired property is determined to be available for
purchase, a purchase price is generated for the property.
Pickett, 18-041
P_a_g_e7 0
a. Individuals serving as Sales Coordinators for the Real Estate Division have
traditionally been responsible for determining the sale prices for City -Held
Properties.
1. Ed Jacobs served as a Sales Coordinator for the Real Estate Division
until December 11, 2015.
2. William Waddell served as a Sales Coordinator for the Real Estate
Division until May 27, 2016.
aa, The position of Sales Coordinator remained vacant until
Brandon Jones ("Jones") was hired for the position effective
September 19, 2016.
bb. Jones did not initiate pricing properties until early 2018.
27. The City Urban Redevelopment Authority ("URA'") has been involved in the process
of recommending/establishing prices for the sale of City -Held Pro�erties through the
Real Estate Division since approximately late 2016 or early 2017.
a. The purpose of the URA's involvement in pricing is to provide a layer of
expertise in land use and valuation in conjunction with the selling of City -Held
Properties.
b. Jones currently has the discretion to adjust/alter sale prices
Fresented/recommended by the URA for City -Held Properties if determined
co be necessary.
From approximately late 2016 or early 2017 until early 2018, the URA
set the sale prices for City -Held Properties.
28. The Sales Coordinator has access to and utilizes the City Property Analyzer
program ("PropertyAnalyzer Program") to assist in the generation of prices for the
sale of City -Held IropePies.
a. The Property Analyzer Program is a real estate pricing program which
searches for comparable properties at market rate via neighborhood,
1. Use of the program requires entry of information into the system for
the subject property te0 be priced, which then identifies comparable
properties in the area based on the sale date, sale price, square
footage, year constructed, neighborhood, etc.
aa. Comparable properties identified are subsequently entered into
an Excel spreadsheet and averaged via a program algorithm to
assist in determining the subject property's sale price.
29. The Real Estate Division utilizes "custom pricing" when the Property Analyzer
Program is unable to identify any properties comparable to the subject property
and/or when no other recent comparable property sales are readily known.
a. Custom pricing of City -Held Property is generally based on a $1.00 per
square foot guideline which has been utilized by the Real Estate Division for
a significant number of years.
b. Custom pricing is determined by physical inspection/assessment of the
subject property along with consideration of multiple variables including, in
Pickett, 18-041
P—ag-e-1 I
part:
1 The fact that the property was not purchased during the public
Treasurer's Sale;
2. The amount of time the property had not generated tax income for the
City;
3. The physical condition of the property;
4. The property location/neighborhood; and
5. Potential code violations.
C. Custom pricing of City -Held Property allows for more discretion and
subjective analysis in generation of a sale price than does the Property
Analyzer Program.
30. After the property is priced, the Real Estate Division mails the applicant
correspondence identifying whether the applicant had been approved or denied
buyer status and if the desired property is available for purchase.
a. If approved, the correspondence identifies, in part, the following:
1. The applicant's approval as a qualified buyer and his/her status as
such for a one-year period;
2. The purchase price for the desired property;
3. The amount of the deposit required to initiate the sale;
aa. The amount of hand money required is the greater of 10% of
the purchase price or $200.00.
4. The need to appear at the Real Estate Division office for hand
delivery of a cashier's check, certified check, or money order for the
deposit amount; and
5. The need to sign a Proposal to Purchase in association with the
property-
aa. The Proposal to Purchase is a template style document with
designated areas for information to be entered, including the
property to be purchased, the name of the purchaser, the
purchase price of the property, and the date of execution.
bb, The Proposal to Purchase provides designated areas for the
signature of the purchaser and a witness.
b. If denied, the correspondence identifies, in part, the following:
1. The reasonlreasons for denial of the application; and
2. The method/methods by which the denial may be cured.
31. The buyer and witness sign a total of three Proposals to Purchase at the Real
Estate Division office at the time the required deposit is submitted.
Pickett, 18-041
T 5 —age 12
a. Once all three Proposals to Purchase are signed, the Proposals to Purchase
are forwarded to the Real Estate Manager, the Treasurer, and the Finance
Department Director for signature.
b. The applicant, the Real Estate Division, and City Council each ultimately
receive a fully executed copy of the Proposal to Purchase.
32. Documented on the Proposal to Purchase form, immediately above the designated
section for the signatures of the Real Estate Manager, the Treasurer, and the
Finance Department Director, is the following:
"THIS PROPOSAL meets with the approval of the Director of the Department
of Finance and is hereby approved for proper submission to the City Council
and the Mayor of the City of Pittsburgh."
a. The signatures of the Real Estate Manager, the Treasurer, and the Finance
Department Director signify that the proposal is complete, all aspects of the
proposal are in order, and the application is to be submitted to City Council
for consideration.
b. The signatures of the Real Estate Manager, the Treasurer, and the Finance
Department Director do not authorize the sale of property documented within
the Proposal to Purchase.
1 The authority to sell/approve the sale of City -Held Property lies with
City Council and the Mayor.
33. Properties for which the required deposits are made and Proposals to Purchase are
executed are subsequently presented by the Real Estate Division to City Council for
approval via proposed legislation in the form of a resolution.
a. A copy of the proposed legislation is placed in each City Council Member's
mailbox located within City Council's office, prior to the legislative meeting at
which introduced.
1. Included within the proposed legislation for review are Property Fact
Sheets and summaries of information obtained from the Proposals to
Purchase for each specific property presented for consideration.
b. The legislation provided identifies, amongother information, the name of the
buyer, gi he purchase price the proposed use of the property, the property
locatitn ' the date and number of the Treasurer's Sale at which acquired, and
the City ward and district number for each property,
34. Legislation developed by the Real Estate Division proposing the sale of City -Held
Propert( is introduced and read into the record lay �e City Clerk at a regularly
schedu ed City Council legislative meeting.
a. No action is taken on the legislation during the meeting at which it is
introduced.
35, City -Held Properties proposed for sale via the le Tislation are specifically considered
by City Council at the Standing Committee meeting held on the Wednesday of the
following week.
a. Real Estate Division/Three Taxing Bodies employee Connie Lee Walsh
("Walsh") is responsible for attending the Standing. Committee meeting in
order to address any questions or concerns from City Council regarding the
Pickett, 1 B-041
Page 13
City -Held Properties, proposed for sale.
36. CitCouncil Members have the individual authority to identify and remove any City -
Held Property from the proposed legislation Kring the Standing Committee
meeting.
a. City Council Members wishing to remove a property or properties from the
legislation need only to verbalize such at the meeting.
Walsh brings all proposed legislation to the meeting at which City -
Held Property for sale is listed and documents "delete" next to any
property deemed by City Council Members to be removed from the
proposed legislation.
2. Properties removed from the proposed legislation are no longer
eligible for sale at that time.
aa. City Council Members are not required to verbalize the reason
for the removal of a property or properties from the proposed
legislation.
b. Properties remaining on the proposed legislation are ultimately granted
preliminary approval by City Council at a Standing Committee meeting.
37. City Council takes action via formal vote at its regular legislative meeting the week
after preliminary approval is authorized, to grant final approval to the proposed
legislation documenting City -Held Property to be sold.
a. The legislation is updated Frior to the meetinT in order to add or remove any
properties from consideration as determine by City Council Members,
1 The removal of any property from the legislation ultimately approved
results in the return of the applicable buyer's deposit.
38. After final approval by City Council, the legislation is presented to the Mayor's office
for the Mayor's ratification of City Cound's approval.
a. Once ratified by the Mayor, a copy of the finalized legislation is provided to
the Real Estate Division for use in notifying buyers of gity Council s approval
to sell the requested City -Held Properfies.
39. The Real Estate Division subsequently authors correspondence to the applicable
buyer informing, the buyer of City Council's approval to sell the requested property
along with additional steps to be taken in order to complete the sale process.
a. The buyer is informed of his/her responsibility to purchase an insurable title
report.
The title report identifies the name/names of the former
owner/owners, mortg
agees, assignees, or other individuals possibly
ti
having any right, le, interest in, or claim against the identified
property.
2. The title report is required to be prepared by a qualified title search
company and is to follow the format of a sample enclosed by the Real
Estate Division.
b. The buyer is instructed to mail the title report to:
Pickett, 18-041
P—age-14
City of Pittsburgh
LawDepartment — Room 327-G
414 Grant Street
Pittsburgh, PA 15219
c. The buyer is notified that the sale process will not progress until an
acceptable title report is received.
1 The title report is utilized by the City to file a Petition to Quiet Tax Title
and Approve the Sale of Real Estate ("Petition") with the Allegheny
County Court of Common Pleas ("Court").
aa. The action to quiet tax title process essentially releases all debt
and interests associated with the property.
40. Buyers are not required to wait for receipt of the correspondence acknowledging
City Council's approval to sell the desired property prior to obtaining a title report for
the property.
a. Buyers may request and obtain a title report from a title company prior to
receipt of the correspondence.
b. Buyers obtaininy, a title report prior to receipt of the correspondence risk the
potential City Councilmay not approve the property for sale.
41. Upon receipt of the title report, the City files a Petition with the Court for issuance of
an Order that all individuals named in the Petition, as well as all individuals who
enerally may be interested in the property, show cause why the Petition should not
e granted, the title should not be adjudicated, and the sale of the property should
not e approved free and clear of all claims whatsoever.
a. All individuals and/or entities identified as having a possible existing interest
in the property are individually notified of the Petition via the United States
Postal Service if possible.
b, The Petition is additionally advertised within the Pittsburgh Post -Gazette and
the Pittsburgh Legal Journal for a period of thirty days.
42. Individuals/entities with a possible existing interest, and who are objecting to the
sale of the property, are required to file an answer/objection with the Court within
thirty days of the individual service and/or date of advertisement in order to possibly
secure/retain their interest in the property.
a. Any answer/objection filed beyond the thirty -day filing period is considered
invalid.
43. Objectors are not limited to those individuals/entqies having a possible existing
interest in the property.
a. Other private individuals interested in purchasing the propert may object to
the sale of the property via completion and submission o� a Request to
Purchase the property to the Real Estate Division.
1. Other private individuals interested in purchasing the property must be
approved as a buyer at the time the Request to Purchase is submitted
or approved as a guyer prior to the end of the thirty -day advertisement
period in order to objectto the sale.
�Pickett, 18-041
Fa—g e_1 5
b. Ob�ectors who are already approved buyers or are approved as buyers prior
to he end of the advertisement period are required to submit a deposit of
10% of their bid or $200.00 (whichever is greater) within thirty days of the
newspaper advertisement.
44. Any objections filed regarding the sale of the property by other individuals wishing to
purchase the property result in a Court -ordered, bid -driven auction of the property.
a. All individuals/entities having filed a timely objection are notified of the time,
date, and place of the Court auction.
Obtectors failing to attend the auction and/or increase the sale price
by id forfeit their deposit submitted.
b. The successful bidder is required to de osit additional monies with the Real
Estate Division in an amount equal to f(O% of the bid price, less the original
amount deposited.
1 Failure to submit the balance of the deposit due results in the
purchaser's default and voiding of his/her bid.
45. If no objections are filed in a timely manner, the sale of the property continues with
the original proposed buyer upon issuance of an Order from the Court.
a. The Order approves the sale to the buyer and authorizes the Mayor to deliver
a deed for the property to the purchaser.
The deed is prepared by the City Law Department and ultimately
executed by the Mayor upon issuance of the Order.
2. The deed issued is free and clear of all mortgages, round rents,
rights, title, and interest in or claims against the property.
b. The Order directs the Allegheny County Department of Court Records to
satisfy all tax and municipal liens and claims affecting the property conveyed
at no cost to the City, the City School District, and Allegheny County.
46, The Real Estate Division subsequently issues correspondence to the buyer and
his/her title company noting, among other information, the execution of the deed
and the outstanding payment amount due.
a. The purchaser submits the balance due via certified check, cashier's check,
or money order payable to "Director, Department of Finance," at the first -floor
office of the Finance Department through his/her title company within thirty
days of the date of notification.
1. The title company records the deed immediately upon closing.
2. The property title is conveyed via special warranty deed.
3. The thirty -day payment period is not strictly enforced.
aa. The City optedto permit buyers additional time for
payment f the balance in an effort to r !ace the property back
onthe tax rolls and avoid the need to ultimately repeat the sale
process.
Pickett, 18-041
Page 16
bb. Buyers are not permitted use/occupancy of or access to the
property until the balance is paid and the deed is recorded.
47. If the successful bidder defaults on the property, the City has the options to:
a. Offer the property to the next highest bidder(s) at their auction prices in bid
order; or
b. Request the City Law Department to present an Order to the Court clearing
the title into the name of the City.
1. If approved, the property is to then be sold by sealed bid.
48. The City does not maintain any specific policy prohibiting a City employee from
purchasing property via the established private sale process.
a. The City Ethics Code states that a City employee.is permitted to bid at
certain auctions as Ion as the employee is not receiving anything of value
on terms better than 2at is available to the public at large.
THE FOLLOWING FINDINGS RELATE TO THE SPECIFIC CIRCUMSTANCES LEADING
TO PICKETT'S PURCHASE OF CITY- HELDIOWNED PROPERTY AT 1103 TROPICAL
AVENUE AND PICKETT'S ACTIONS IN FURTHERING HIS PURCHASE OF THE
PROPERTY.
49. Properties within the City are categorized into specific Districts, Wards, and
Precincts.
a. 1103 Tropical Avenue, Pittsburgh, PA 15216 ("1103 Tropical") is located in
District 4, Ward 19 in the Beechview area of the City.
b. 1103 Tropical bears a Lot and Block Number of 16-K-1 54.
50. The property encompassed at 1103 Tropical includes a parcel of land with an
existing structure.
a. The parcel of land at 1103 Tropical measures 10,720 square feet (lot
dimensions 80'x 134'),
b. The existing structure at 1103 Tropical is a 1,912 square foot two story, brick
house with a one car garage.
51. Anthony P. Ravida ("Ravida") purchased 1103 Tropical on July 30, 2003, for the
price of $30,000.00.
a. Ravida was delinquent on various taxes due for 1103 Tropical in excess of
$300.00 from at least the 2009 tax year through the 2014 tax year,
b. 1103 Tropical was available for inclusion in a Treasurer's Sale upon request
from an approved buyer as early as August 2011 at a minimum.
52. The property at 1103 Tropical was made available for purchase by an interested
artyfinterested parties via inclusion on the account list for the August 14, 2015,
Treasurer's Sale.
a. The property at 1103 Tropical had no specific individual's name tagged to it
regarding its inclusion in the August 14, 2015, Treasurers Sale,
Pickett, 18-041
P —ag e_1 7
1 Information associated with the request to have 1103 Tropical placed
onto the account list was limited to "CC04."
b, The property at 1103 Tropical was posted on July 20, 2015, as being
available for purchase at the August 14, 2015, Treasurer's Sale.
C. The property at 1103 Tropical was advertised on July 29, 2015, and August
P, 2015, in the Pittsburgh Post -Gazette and the Pittsburgh Legal Joumal for
inclusion in the August 14, 2015, Treasurer's Sale.
53. The property at 1103 Tropical was not sold at the August 14, 2015, Treasurer's
Sale.
a. The pro erty at 1103 Tropical was subsequently placed within the Three
Taxing Minventory Bodies' inventoand available lor private purchase effective
November 13, 2015, by any individual or business with
approved buyer
status.
1 No individual or business entity expressed interest in or otherwise
pursued the purchase of 1103 Tropical until April 21, 2016, at the
earliest.
54. Pickett submitted a Request to Purchase application to the Real Estate Division on
March 4, 2016, for City -Held Property located at 1637 Suburban Avenue,
Pittsburgh, PA.
a. Pickett's Request to Purchase application was processed and subse uently
approved by Real Estate Division employees effective April 20, 201T
1. Pickett was automatically categorized as an approved buyer for a
period of one year after the successful processing of his application.
55. As of approximately mid-2016, Pickett, in his position as the Collection Manager of
the Real Estate Division, assumed control over the generation/setting of sale prices
for City -Held Properties.
a. Pickett assumed the responsibility to price City -Held Properties due to a
vacancy in the Sales Coordinator position at that time.
1. Pickett was not assigned this responsibility by any supervisory person
who he reported to as a City employee.
56. Although approved as a buyer for City -Held Properties, Pickett ultimately did not
purchase the property at 1637 Suburban Avenue.
a. Pickett considered the purchase of various City -Held Properties before
ultimately initiating the purchase process for 1103 Tropical.
1. The Real Estate Division has no written application or record of the
date on which Pickett formally expressed interest in the property at
1103 Tropical.
aa. Pickett was not required to submit an additional written
Request to Purchase application for 1103 Tropical due to the
fact that he had been approved as a buyer via his March 4,
2016, application submission.
bb. Pickett expressed his formal interest in purchasing the property
Pickett, 18-041
P—age—_1 8
at 1103 Tropical after having assumed the responsibility of
pricing for the Real Estate Division.
57. Pickett initially attempted to utilize the Property Analyzer Program to identify sales
prices of properties comparable to 1103 Tropical.
& The Property Analyzer Program identified no comparable properties for
consideration in relation to 1103 Tropical.
58, As a result of the Property Analyzer Program failing to return any comparable
properties, Pickett conducted a physical inspection/assessment of 1103 Tropical on
or about August 9, 2016, to generate a sales price for the property.
a. Pickett conducted the walk-through of the property with City employee
William Killcrece ("Killcrece").
1 At that time, Killcrece was the City employee responsible for securing
City -Held Property,
2. Killcrece was also the City employee responsible for allowing access
to City -Held Properties to potential buyers as well as representatives
of the Real Estate Division when necessary.
b. Pickett performed the walk-through/assessment of 1103 Tropical after he
had initiated the procedure for his private purchase of the property,
C. At the time Pickett considered the Property Analyzer Program and conducted
the physical inspectionlassessment, he had a reasonable expectation that he
would be bidding on the property.
59. On August 17, 2016, and August 18, 2016, Peter Busse � Bussey") and Daniel
Hellmann ("Hellmann") each submitted separate Request 0 Purchase applications
to the Real Estate Division office for property located at 1103 Tropical Avenue.
a. Neither Hellmann nor Bussey was an approved buyer at the time he
submitted his Request to Purchase application.
60. As the Collection Maria er of the Real Estate Division, Pickett generated a Property
Value Worksheet for 1103 Tropical and assigned values to the property, including
the sales price of $2,500.00, as detailed below:
Sale Price of Subject Property,"
$12,420.00
County Assessed Value of Subject Property
$102,600.00
Current Assessed Value to Sales Price Ratio
12,11%
Average Value of Comparables
$1,500.00
Average Square Footage of Comparables
2,500.00
Average Price Per Square Foot of Comparables
$0.60
Average price Per Square Foot of Comparables, As Applied to Subject Property
$1,500.00
City's Opinion of Sales Price
$2,500.00
Prepared By;
Aaron Pickett
"Represents sale price from Treasurer's Sale plus additional year's taxes and fees
Pickett, 18-041
P-a—g—e7 9
a. The sale price as listed for Treasurer's Sale is a compilation of all taxes due
as of 2013 ($12,114,59) plus additional fees and a portion of the 2014
calendar year taxes due, resulting in the sale price of $12,420.00.
61. On August 9, 2016, at 1:36 p.m., Pickett emailed Walsh, informing her that 1103
Tropical had been priced and needed a letter signifying purchase approval.
a. Walsh authored correspondence dated August 10 2016, on Finance
u
Department-Office of the Treasurer letterhead, to Pickett as the proposed
buyer of 1103 Tropical.
Walsh's correspondence to Pickett identified, in part, the following:
aa. The approval of Pickett's Request to Purchase application;
bb, The sales price of $2,500.00 for 1103 Tropical; and
cc. Pickett's need to schedule an appointment to provide $250.00
in hand money for the property and to sign a Proposed
Agreement of Sale (a/k/a Proposal to Purchase).
62. Pickett Submitted PNC Bank Cashier's Check Number 7508392 dated October 5,
2016, in the amount of $250.00, to Brandon Jones, Real Estate Division Sales
Coordinator, at the Finance Department office on October 5, 2016, as the required
deposit for the purchase of 1103 Tropical.
a. Pickett's Cashier's Check was deposited by the City on October 28, 2016.
63. Pickett subsequently executed a Proposal to Purchase sales a reementon October
5, 2016, in a dual capacity as both the purchaser of 1183 Tropical and the
Collection Manager of the Real Estate Division.
a. Jones signed the Proposal to Purchase as the witness to Pickett's signature
as the purchaser.
b. The Proposal to Purchase was subsequently signed b the City Treasurer,
Margaret Lanier, and the Director of the Finance DepaVent, Paul Leger, as
representatives for the City.
1. Neither Lanier nor Leger questioned Pickett's dual signatures as the
proposed urchaser of 1103 Tropical and the Collection Manager of
the Real state Division.
64, Real Estate Division representatives ultimately penned proposed legislation in the
form of a resolution ("Resolution") providing for the filing of petitions for the sale of
fourteen individual properties acquired by the City at tax sales, per the Second
Class City Treasurer's Sale and Collection Act.
a. The Resolution included 1103 Tropical as a listed property.
The Resolution documented the following description for 1103
Tropical:
Aaron Pickett
Purchase Price: $2,500.00
2 Sty Brk Hse & 1 Car Gar
Personal Use
Lot: 80 x 134
Pickett, 18-041
age 2 0
Location. 1103 Trosical
Acquired: Aug 14, 015 TB = 93
Ward: 19 Block & Lot: 16-K-154
Council IDistirict. 4
b. A draft of the Resolution was provided to each Member of City Council the
Friday prior to City Councils Tuesday, November 7, 2016, regularly
scheduled legislative meeting.
A Property Fact Sheet for each individual property identified in the
Resolution was provided to City Council along with the Resolution.
65. The Resolution was first introduced at City Council's November 7, 2016, legislative
meeting.
a. The Resolution was initially reviewed at City Council's November 14, 2016,
Standing Committee meeting.
b, The Resolution was held in committee until City Council ultimately granted
preliminary approval at its December 14, 016, Standing Committee
meeting.
C. The Resolution received final approval from City Council at its December 20,
2016, legislative meeting under Enactment No. 781.
d. Resolution Number 781 was approved by the Mayor on December 29, 2016,
66. Although City Council did not approve Resolution Number 781 until December 20,
2016, e ick% was issued correspondence on Finance Department -Treasurer's
Office letterhead dated November 2, 2016, purporting City Council's approval of his
purchase of 1103 Tropical.
a. Pickett obtained his approval letter dated November 2, 2016, from Jones,
purporting City Council's approval to sell 1103 Tropical Avenue to Pickett, in
order to coincide with the approximate date of Pickett's title report.
I Jones generated the November 2, 2016, correspondence and
presented the correspondence to Walsh for signature before copying
he correspondence to the Real Estate Division file and providing the
original to Pickett.
aa. Jones's direct reports at the Real Estate Division are Pickett
and Walsh,
bb. Jones had no cause to generate the correspondence for
Pickett on November 2, 2016, absent direction from Pickett.
b. Pickett's City Council approval letter was dated five days before Resolution
Number 7Pwas. initially
resented to City Council (November 7, 2016) and
forty-eight days prior to City Council's final approval (December 20, 2016).
G. Each of the remaining thirteen City Council gpiroval letters issued to buyers
for the purchase of property associated with Resolution Number 781 was
generated, dated, and signed on January 13, 2017.
67, Pickett retained the services of American General Services Corporation ("American
General") to perform the title search for 1103 Tropical prior to his actual receipt of
the approval letter.
Pickett, 18-041
7EF21
a. The title report submitted in association with Pickett's purchase of 1103
Tropical documented a November 1, 2016, search date.
The search date routinely represents the date the title search was
completed and/or typed.
b. Pickett's title search was completed and/or typed six days priorto Resolution
Number 781 being introduced to City Council.
68, The City Law Department filed a Petition to Quiet Tax Title and Approve Sale of
Real Estate in the Court under Docket Number GD-2017-2942 on February 24,
2017, in relation to 1103 Tropical.
a. The Court granted the Petition to Quiet Tax Title and Approve Sale of Real
Estate on March 7, 2017.
69. The Order associated with 1103 Tropical was advertised in the Pittsburgh Post -
Gazette and the Pittsburgh Legal Journal on March 13, 2017.
a. April 11, 2017, represented the last day for any individual(s,) with any existing
interest to file an answer or objection to the sale of 1103 Tropical.
No answer or objection was filed by the April 11, 2017, deadline by
any individuals with any existing interest in 1103 Tropical.
b, April 11, 2017, also represented the last day for any individual wishing to
purchase 1103 Tropical to supply the required $250.00 deposit to secure
is/her ability to bid on the property through Court auction.
No approved buyers provided the required $250.00 deposit or
otherwise objected to the sale of 1103 Tropical via submission of a
Request to Purchase to the Real Estate Division by April 11, 2017.
70. On May 23, 2017, the Court issued an Order approving the private sale of 1103
Tropical to Pickett in the amount of $2,500.00.
a. The Order authorized the Mayor to deliver a deed for the property to Pickett
free and clear of all mortgages, ground rents, rights, title, and interest in or
claims against said property.
b. The Order directed the Allegheny County Department of Court Records to
satisfy of record all tax and municipal liens anTIclaims affecting the property.
71. The Real Estate Division issued correspondence dated June 1, 2017, to Pickett and
American General, confirming that the executed deed for 1103 Tropical had been
received.
a. The correspondence identified, among other information, a balance due of
$2,250.00 to be paid via certified check, cashier's check, or money order
payable to the Director of the Finance Department.
The certified check, cashier's check, or money order was to be
presented at/to the Finance Department.
b. The deed was to be released to American General upon receipt of payment.
72. Although the Order approving the sale of 1103 Tropical to Pickett was dated May
Pickett 18-041
0 age_ 12
23, 2017, payment of the $2,250.00 balance due was not made by American
General on Pickett's behalf until or about April 13, 2018.
a. American General issued Check Number 4199, dated April 13, 2018, in the
amount of $2,250.00 to the Director of the Finance Department in payment
of the outstanding balance due for Pickett's purchase of 1103 Tropical.
1. The City deposited the check from American General on May 2, 2018,
b. Pickett failed to issue payment to American General for subsequent provision
to the Real Estate Division regarding the closing of the sale of 1103 Tropical
for approximately eleven and one-half months after the executed deed was
received by the Real Estate Division.
I The thirty -day period for payment of the balance of the purchase due
is not strictly enforced.
73. The deed for 1103 Tropical was recorded in Pickett's name on April 17, 2018.
a. Pickett remains the current owner of 1103 Tropical.
74. The propert located at 1103 Tropical was available for purchase by any member of
the public a large via its inclusion in the August 14, 2015, Treasurer's Sale.
a. The purchase price affixed to 1103 Tropical at the August 14, 2015,
Treasurer's Sale was $12,420.84.
75, Although Pickett had the opportunity to purchase the property at 1103 Tropical at
the August 14, 2015, Treasurer's Sale, ckett did not do so,
a. Pickett did not formally disclose his interest in 1103 Tropical until April 21,
2016, at the earliest.
76. As a result of purchasing 1103 Tropical via private sale through the Real Estate
Division, Pickett was able to personally control and establish the price point for the
sale of 1103 Tropical.
a. Pickett personally assessed the propertyand established the sale price of
$2,500 . 00 after he had formally initiated the process to purchase the
property.
77. Pickett, as a result of personally setting the price for 1103 Tropical in his capacity as
the Collection Manager of the Real Estate Division, acquired the property for an
amount approximately $9,920.84 less than the price originally established the
property at the public Treasurer's Sale.
a. The price set for 1103 Tropical at the public Treasurer's Sale was
$1
2420.84.
b. The price paid by Pickett for 1103 Tropical through the Real Estate Division
was $2,500,00.
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT PICKETT FAILED TO
FILE STATEMENTS OF FINANCIAL INTERESTS WITH THE CITY FOR CALENDAR
YEARS 2013, 2014, 2015, 2016, AND 2017.
78, Statement of Financial Interests filing requirements for public officials and public
employees are mandated by Section 1104 of the State thicsAct.
Pickett, 1M41
Page 3
Section 11 04(a) mandates, in part, the following:
"...Any other public employee or public official shall file a
s6tement of financial interests with the governing authority of
the political subdivision by which he is employed or within
which he is appointed or elected no later than May 1 of each
year that he 'holds such a position and of the year after he
leaves such a position."
79. Pickett was required to file a Statement of Financial Interests b� May 13' each year
t
in which he was employed as a Finance Administrator I for e Collections and
Compliance Division, and he is required to file Statements of Financial Interests as
the Collection Manager/Manager of the Real Estate Division.
a. Pickett was employed as a Finance Administrator I for the Collections and
Compliance Division from July 14, 2014, through January 24, 2016.
Pickett has been employed as the Collection Manager/Manager of the Real
Estate Division from January 25, 2016, to the present.
80. On August 29, 2018, contact was made with the City during which cVes of
Pickett's Statements of Financial Interests for calendar years 013 through 2017
were requested.
No Statements of Financial Interests for Pickett within the requested date
range were present in the City's custody.
81. Pickett failed to file or otherwise maintain Statements of Financial Interests for
calendar years 2014 through [2017] with the City as required by the State Ethics
Act.
82, Pickett's actions in obtaining correspondence from the Real Estate Division dated
November 2 2016, purporting City Council's approval of the sale of 1103 Tropical,
enabled Pickett to progress with the sales process in a shortened time frame
thereby limiting the time period for other interested buyers to potentially object to the
sale and trigger a Court auction process.
a. Other buyers approved for the purchase of City -Held Property via enactment
of Resolution Number 781 did not receive their City Council sale approval
correspondence until January 14, 2017, at the earliest.
At least two individuals interested in the private purchase of 1103 Tropical
filed Request to Purchase applications for approval as buyers on August 17,
2016, and August 18, 2016, respectively.
Decreasing the overall time associated with completion of the sales
process increased the potential that the individuals submitting the
Request to Purchase applications would not be approved as buyers in
time to lodge objections to Pickett' s purchase of the property.
Ill. DISCUSSION:
In his positions as, (1) a Finance Administrator I for the Collections and Compliance
Division of the Department of Finance Finance Department") of the City of Pittsburgh
{"City")
City') Pennsylvania, from July 14, 2M', through January 24, 2016; and (2) the Collection
ana'gelr/Manager of the Real Estate Division of the Finance Department of the Citr
(hereinafter, the Real Estate Manager for the City") from January 25, 2016, to the present,
Pickett, 18-041
P —ag-e-2 4
Respondent Aaron Pickett, also referred to herein as "Respondent," "Respondent Pickett,"
and `"Pickett,,`
Pickett," has been a public employee Subject to the provisions of the Public Official
and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seg.
The allegations are that Pickett violated Sections 11 03(a), 1104(a), and 1105(a) of
the Ethics Act. (1) when he utilized the authority of his public position for a private
pecuniary benefit when, as the Real Estate Mana Manager for the City, he assessed and set the
sale price of real property owned/held by the Ety, at a time when he possessed a
i reasonable interest n purchasing the property for himself; (2) when, as the Real Estate
Manager for the City, he executed a Proposal to Purchase agreement between the City
and himself, cconcerninp the sale of real property; (3) when he failed to file Statements of
Financial interests S Is") for the 2013 and 2014 calendar years in association with his
r)Ljbl'Iposition2ance Administrator 1; and (4) when, as the Real Estate Manager, he
failed file SIFIs for calendar years 2015„ 2016, and 2017.
Per the Consent Agreement of the parties, the Investigative Division has exercised
its prosecutorial discretion to nol pros the allegations under gection 1105a) of the Ethics
Act. Based u onthe nol pros, we need only a dress the allegations under ection'1103(a)
and Section �1 04(a) of the Ethics Act.
Pursuant to Section 11 03(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official orpublic
employee shall engage in conduct that constitutes a conflict of
interest.
165 Pa.C.S., § 11 03(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public emplo 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 consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a member
of his immediate family or a business with which he or a
member of his immediate family is associated..
M.N.M.A.
Section 11 03(a) of the Ethics Act prohibits a public official/public employee from
using the authority of public office/employment orconfidential information received by
holding such a public position for the private ecuniar benefit of the pUblicofficial/public
employee himself, an member of his immeTate family, or a business with which he or a
member of his immediate family is associated.
1Pickett, 18-041
7a—g T2 5
Section 11 04(a) of the Ethics Act provides that each public official/public employee
must file an SF1 for the receding calendar year by May 1 of each year that he holds the
position and the year after he leaves it.
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.
Pickett was employed as a Finance Administrator 1 for the Collections and
Compliance Division of the Finance Department from July 14, 2014, through January 24,
2016. Pickett has served as the Real Estate Maria er for the City from January 25, 2016,
to the resent, in a position which was initially classified/titled as Collection Manager of the
Real Estate Division and later recl ass ified/retitl ed to that of Manager of the Real Estate
Division.
Back -ground
The City is a Second Class City governed by a nine -Member Council and a Mayor.
Pursuant to the Second Class City Treasurer's Sale and Collection Act, the City Treasurer
maintains the authority to conduct Treasurer's Sales of privately -owned property upon
which the assessed and levied taxes have not been paid and have become delinquent.
for
within the City that carry a debt in excess of $300,00 in assessed or levied taxes
-or a period of time in excess of one year are classified as tax delinquent and are eligible
for inclusion in a Treasurer's Sale. The Finance Department is responsible for selling tax
delinquent properties through Treasurer's Sales and for selling City -owned properties.
Treasurer's Sales are open to the public and any attendee is eligible to, bid on and
purchase property. The Treasurer/Treasurer's Office establishes a minimum price for each
property that is to total an amount sufficient to pay the delinquent taxes water rents,
sewage service charges, and other municipal claims related to the property. if a property is
not sold at a Treasurer's Sale, the City may take title to the property as an agent for the
taxing bodies havingclaims against the property. A property held by the City on behalf of
the taxing bodies ("City -Held Froperty") is entered into a City database that can be used by
individuals interested in identifying City -Held Properties which are available for purchase.
An individual who is interested in purchasing a City -Held Property is required to be
approved as a qualified buyer by the Real Estate Division. If the individual was not
previously as a qualified buyer as part of the Treasurer's Sale process, the
individual is required to submit a Request to Purchase application to the Real Estate
Division. The individual may be approved as a qualified buyer if there are no outstanding
fees, code citations, or taxes attached to any property in the City that is owned by the
individual. A qualified buyer remains in the Real Estate Division's Request to Purchase
system for a period of one year.
The Real Estate Division generates a purchase price for a City -Held Property that a
qualified buyer wishes to purchase. The Sales Coordinator for the Real Estate Division
has traditionally been responsible for determining the purchase price for a City -Held
Property. The Sales Coordinator has access to and utilizes the City Property Analyzer
program ("Property Analyzer Program") to assist in determining the p Z purchase price or a
City -Held Property. The Property Analyzer Program is a real estate pricing program which
searches for sales of properties comparable to the City -Held Property to be priced. The
Real Estate Division utilizes "custom pricing" when the Property Analyzer Program is
unable to identify any comparable properties or when no other recent comparable property
sales are readily known. Custom pricing of City -Held Properties is generally based on a
$1.00 per square foot guideline which has been utilized bytheRea Estate Division for a
significant number of years. Custom pricing is determined by physical
ins ection/assessment of the City -Held Property and consideration of multiple variables,
including the fact that the property was not purchased during the Treasurer's Sale, the
Pickett, 18-041
7a—g—e26
physical condition and location of the property, and potential code violations. After the
City -Held Property is priced, the Real Estate Division mails the qualified buyer
correspondence that identifies the purchase price for the property, the amount of the
deposit required to initiate the sale of the property, and the need to sign a Proposal to
Purchase in association with the property. r being signed by the qualified buyer, the
Proposal to Purchase is signed by the Real Estate Manager, the City Treasurer, and the
Finance Department Director, whose signatures indicate Tat the proposal is complete, all
aspects of the proposal are in order, and the proposal is to be submitted to City Council for
consideration,
The authorit to sellAprove the sale of City -Held Properties lies with CityCouncil
and the Mayor. TU Real state Division develops and presents to City Council a
resolution proposing the sale of City -Held Properties for which the required deposits have
been made and Proposals to Purchase have been executed. After the resolution is
approved by City Council and ratified by the Mayor, the Real Estate Division informs each
qualified buyer of City Council's approval to sell the requested City -Held Property. The
qualified buyer is responsible for purchasing an insurable title report for the property, which
the
City uses to file a Petition to LIiet Tax Title and Approve the Sale of Real Estate with
the Allegheny County Court of Common Pleas ("Court"). A deed for the property is
executed by the Mayor upon the issuance of a Court order approving the sale of the
roperty to the qualified buyer. The Real Estate Division subsequently notifies the qualified
buyer and the qualified buyer's title company of the execution of the deed and the
outstanding payment amount due. The qualified buyer has a thirty -day period, which is not
strictly enforced, to submit the payment owed to the City through the qualified buyer's title
company. The title company records the deed immediately upon closing.
Re: Pickett's Purchase of -a Ci!y-Held Property
A property at 1103 Tropical Avenue, Pittsburgh, PA 15216 (1103 Tropical") is
located in District 4, Ward 19 of the City and bears a Lot and Block Number of 16-K-1 54.
1103 Tropical includes a 10,720 square foot parcel of land and a 1,912 square foot brick
house with a one car garage. At a Treasurer's Sale on August 14, 2015, 1103 Tropical
was available for purchase at the price of $12,420.84. 110TTropical was not sold at the
Treasurer's Sale, and effective November 13, 2015,1103 Tropical was available for private
purchase as a City -Held Property.
On March 4, 2016, Pickett submitted a Request to Purchase application to the Real
Estate Division for a City -Held Property located at 1637 Suburban Avenue, Piftsburph, PA.
i
Pickett's Request to Purchase application was approved by Real Estate vision
e effective April 20, 2016. Although Pickett was approved as a qualified buyer,
he to m enecst purchase the property at 1637 Suburban Avenue, and he considered the
purchase of other City -Held Properties.
As of approximately mid-2016, Pickett, in his position as the Real Estate Manager
for the City, assumed the responsibility of setting the sale prices for City -Held Properties
due to a vacancy in the Sales Coordinator position. After Pickett assumed the responsibility
of pricing City -Held Properties, he initiated the process to purchase 1103 Tropical.
Pickett initially attempted to utilize the Property Analyzer Program to identify the sale
0 'ailed to identify pricer f properties comparable to 1103 Tropical. After the Property Analyzer Program
rolify any comparable properties for consideration, Pickett conducted a physical
sp
in ectionlassessmentof1103 Tropical on or about August 9, 2016, in order to generate a
I
sale for the property. Pickett performed the physical inspection/assessment after he
had price
initiated the process for his private urchase of the property. A Property
Value Worksheet that Pickett completed for M3 Tropical assigned a sale price of
$2,5100.00 to the Iprolperty.
On August 9, 2016, Pickett informed Real Estate Division employee Connie Walsh
Pickett, 18-041
Fa—g-e-2 7
("Walsh") by email that 1103 Tropical had been priced and needed a letter signifying
purchaseapproval, h subse en ' authored correspondence to Pickett, in his
ro, ical, which noted the approval of Pickett's
price of
$2,500.00 for 1103 Tropical, and the
to provide
provide $250.00 in hand money for 1103
eproposedapplication,
buyer iot '0
sPurchase 1 on, he ale
capacity
a aca t
p t a a s
t 0 Proposal
p c
ity
Request
for Pickett to schedule e an appointment
Tropicd
Tropical
an 8Ign a Pro sa I to Purchase.
rchase.
On October 5, 2016, Pickett submitted a check in the amount of $250.00 to the
Finance Department as the required deposit for the purchase of 1103 Tropical. Pickett
additionally executed a Proposal to Purchase in a dual capacity as both the purchaser of
1103 Tropical and the Real Estate Manager for the City. Pickett subsequently retained
American General Services Corporation ('American General") to perform a title search for
1103 Tropical.
Brandon Jones ("Jones who had been hired as the Sales Coordinator for the Real
Estate Division in September 2016, generated correspondence to Pickett dated November
2, 2016, which purported that City Council had approved the sale of 1103 Tropical to
Pickett. Jones, who reports to Walsh and Pickett, had no cause to generate the
correspondence to Pickett absent direction from Pickett. Jones presented the
correspondence to Walsh for signature before he rovided the correspondence to Pickett.
Jonescorrespondence was dated five days beAre a resolution (the "Resolution") that
provided for the sale of 1103 Tropical and other City -Held Properties was introduced at a
meeting of City Council on November 7, 2016, The Resolution was approved by City
Council ratified b� the Mayor in December 2016, and a Petition to Quiet Tax Title and
Approve Sale of Rea Estate in relation to 1103 Tropical was subsequently filed with the
Court.
On May 23, 2017, the Court issued an Order that approved the sale of 1103
Tropical to Pickett for the amount of $2,500.00 and authorized the Mayor to deliver a deed
for 1103 Tropical to Pickett. The Real Estate Division subsequently issued correspondence
to Pickett and American General which confirmed that the executed deed for 1103 Tropical
had been received and that the deed was to be released to American General upon
payment of the balance due in the amount of $2,250.00 to the Director of the Finance
Department. Approximately eleven and one-half months later, Pickett issued payment to
American General for the balance due. On or about April 13, 2018, American General
made payment of the balance due on behalf of Pickett, and on April 17, 2018, the deed for
1103 Tropical was recorded in Pickett's name.
Pickett remains the current owner of 1103
Tropical.
As a result of purchasing 1103 Tropical via private sale through the Real Estate
Division, Pickett was able to personally control and establish the price or the sale of 1103
Tropical. By personally setting the price for 1103 Tropical in his capacity as the Real
Estate
sta� e.Manager for the City, Pickett acquired 1103Tropicalfor a rice that was
approximate�l $9,920.84 less than the price originally established for 1103 Tropical at the
Treasurer's ale.
Re: PicketVs SFIs
Pickett was required to file an SFI for the preceding calendar year b May 1 of each
year in which he was employed as a Finance Administrator 1 for the by
and
Compliance Division. Pickett was employed in the aforesaid position from July 14, 2014,
through January 24, 2016. Pickett additionally has been required to file an SFI for the
preceding calendar year by May 1 of each year in which hehasbeen employed as the
Real Estate Manager for the City. Pickett has been employed as the Real Estate Manager
for the City from January 25, 2016, to the present.
On August 29, 2018, the InvestYative Division of the Commission requested copies
of Pickett's SFIs for calendar years 2013 through 2017 from the City. No SFIs for Pickett
Pickett, 18-041
7a—g-e--2 8
within the requested date range were on file with the City.
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:
That a violation of Section I 103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S §
1103a), occurred when Aaron Pickett, as the
Real Estate Manager for the City of Pittsburgh,
assessed and set the sale price of real property
owned/held by the City of Pittsburgh, at a time
when he possessed a reasonable interest in
purchasing the proper for himself; and when,
as the Real Estate Manager for the City of
Pittsburgh, Pickett executed a Proposal to
Purchase agreement between the City of
Pittsburgh and himself, concerning the sale of
real property.
b. That a technical violation of Section 1104 (a) of
the Public Official and Employee Ethics Act, 65
Pa.C.S. § 11 04(a), occurred when Aaron Pickett
failed to file a Statement of Financial Interests for
the 2014 calendar year,
in association with his
public position as Finance Administrator 1, and
when, as the Real Estate Manager, he failed to
file Statements of Financial Interests for calendar
years 2015, 2016, and 2017. In that Mr. Pickett
asserts that he was not informed by his superiors
that he was required to file Statements of
Financial Interests.
0. That no violation of Section 11 04(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
11 04(a), occurred when Aaron Pickett failed to
file a Statement of Financial Interests for the
2013 calendar year, in that he did not initiate his
emplo cent as Finance Administrator I in the
Collections and Compliance Division of the
Department of Finance until July 14, 2014.
d. That no further action be taken concerning
allegations arising [under] Section 11 05(a) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(a).
Pickett agrees to make payment in the amount of $5,000,00 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
Pickett, 18-041
age-2 9
a. Pickett further agrees that any profit (defined as
the greater of either the sale price or fair market
valUe/a raised value at the time of sale minus
the $5100.00 settlement amount reflected
herein and cost for any documented
improvements) resulting from the sale of 1103
Tropical Avenue, War 19 Block & Lot: 16-K-
54, Pittsburgh, Pennsylvania, occurring within
the time period of the date of execution of the
Consent Agreement and five (5) years
henceforth, shall be forfeited to the
Commonwealth of Pennsylvania.
5. Pickett agrees to file complete and accurate Statements of
Financial Interests with the City of Pittsburgh, through 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.
6. Pickett agrees to not accept any reimbursement,
compensation or other paympnt from the City of Pittsburgh
representing a full or partial reimbursement of the amount paid
in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does not
prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 2-3.
In consideringthe Consent Agreement, we accept the recommendation of the
parties for a findingat a violation o? Section 1103(a) of the Ethics Act occurred when
Pickett, as the Real Estate Manager for the City, assessed and set the sale price of real
property owned/held by the City, at a time when he possessed a reasonable interest in
purchasing the property for himself; and when, as the Real Estate Manager for the City, he
executed a Proposal to Purchase agreement between the City and himself concerning the
sale of real property.
After Pickett assumed the responsibility of pricing City -Held Properties in his
capacity as the Real Estate Manager for the City, he initiated the process to purchase 1103
Tropical, which was available for private purchase as a City -Held Property. Pickett used
the authority of his public employment as the Real Estate Manager for the City: (1) when,
on or about August 9 2016 he performed a physical inspection/assessment of 1103
Tropical and completed a �roperty Value Worksheet that assigned a sale price of
, * 2 6, he executed �a Proposal
$2,500.00 to 1103 opical; and 2 he n 0 n Octo'er " 0 1 to
Purchase in relation to 1103 Tropical, ' which he also
executed in his
capacity as the
parties
have s ipu lated that
b pe sona setting
Pickett
purchaser of 1103 Tropical. The a the price
p s the Rea I Estate M na er or the it I
for 1103 Tropical in his capacity a sa C acquired
$9, 9 0 1 ss t p rice
the property for a price that was approximately 555555555 2 , 4 less than he price originally
established for the property at a Treasurer's Sale.
Pickett, 18-041
P—age---30
Based upon the Stippulated Findings and the Consent A reement, we hold that
Pickett violated Section 11 "3(a) of the Ethics Act, 65 Pa.C.S. § 1 lRa), when, as the Real
Estate Manager for the City, he assessed and set the sale price of real property
owned/held by the City,atatime when he possessed a reasonable interest in purchasing
the property for himself, and when, as the Ieal Estate Manager for the City, he executed a
Proposal to Purchase agreement between the City and himself concerning the sale of real
property.
We accept the parties' recommendation and we hold, that a technical violation of
Section 11 04(a) of the Ethics Act, 65Pa.C.S.§1104(a}, occurred when Pickett failed to file
i
an SFI for the 2014 calendar year n association with his public position as a Finance
Administrator 1, and when, as the Real Estate Manager, he ailed to file SFIs for calendar
years 2015, 2016, and 2017.
We agree with the parties that no violation of Section 1104 of the Ethics Act
occurred in relation to Pickett's alleged N
Qed failure to file an SH for the 13 calendar year.
Given that Pickett did not initiate his employment as a Finance Administrator I in the
Collections and Compliance Division of the Finance Department until July 14,2014, he was
not required to file an SH for the 2013 calendar year.
Accordingly, we hold that no violation of Section 1104(a) of the Ethics Act, 65
Pa.C.S.§1104(a occurred in relation to Pickett's alleged failure to file an SH for the 2013
calendar year, in �hat he did not initiate his employmentas a Finance Administrator I in the
Collections and Compliance Division of the Finance Department until July 14, 2014.
As part of the Consent Agreement, Pickett has agreed to make payment in the
amount of $5,000.00 payable to the Commonwealth of Pennsylvania and forwarded to this
Commission within thirty (30) days of the issuance of the finaladjudication in this matter.
Pickett has agreed to not accept any reimbursement, compensation or other paymentfrom
the City representing a full or partial reimbursement of the amount paid in settlement of this
matter.
Pickett has further a reed that any profit (defined as the greater of either the sale
price or fair market value/appraised value at the time of sale minus the $5,000.00
settlement amount reflected herein and cost for any documented improvements resulting
from the sale of 1103 Tropical Avenue, Ward: 19 Block & Lot: 16-K-154, Attsburgh,
Pennsylvania, occurring within the time period of the date of execution of the Consent
Agreement and five (5) years henceforhh, shall be forfeited to the Commonwealth of
Pennsylvania.
Pickett has additionally agreed to file complete and accurate SFIs with the City,
through this Commission for calendar years 2014, 2015, 2016, and 2017 within thirty (3
days of the issuance of t6 final adjudication in this matter.
We determine that the Consent Agreement submitted bthe parties sets forth a
proper disposition for this case, based upon our review as reflec led in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Pickett is directed to make
payment in the amount of $5,000.00 payable to the Commonwealth of Pennsylvania and
forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date
of this adjudication and Order. Pickett 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.
Pickett is ordered to fulfill his agreement that any profit (defined as the greater of
either the sale price or fair market value/appraised value at the time of sale minus the
$5,000.00 settlement amount reflected herein and cost for any documented improvements)
Pickett 18-041
org-11
resulting from the sale of 1103 Tropical Avenue, Ward: 19 Block & Lot: 16-K-154,
Pittsburgh, Pennsylvania, occurrin 01 9within the time period of the date of execution of the
Consen?Agreement (May 21, 2 and five (5) years henceforth, shall be forfeited to the
Commonwealth of Pennsylvania.
To the extent he has not already done so, Pickett is ordered to file complete and
accurate SFls for calendar ears 2014, 2015, 2016, and 2017 with the City, through this
Commission, by no later years
the thirtieth (30th) day after the mailing date of this
adjudication and (Order.
Compliance with the forming will result in the closing of this case with no further
action by this Commission. oncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
In his capacities as, (1) a Finance Administrator I for the Collections and
Compliance Division of the Department of Finance of the City of Pittsburgh City"),
Pennsylvania, from July 14, 2014, through January 24, 2016; and �Co "City"),
Manager/Manager of the Real Estate Division of the Department of Finance of the
(hereinafter, "the Real Estate Mana er for the City") from January 25, 2016, to
City
present, s i t� �pondent Aaron Picket Pickett") has been a public employee
the e en Re
y p ct to t
subject e provisions of the Public Zial and Employee Ethics Act ('Ethics
Act"), 65 Pa.C.S. § 1101 et §eg.
2. Pickett violated Section 11 03(a) of the Ethics Act, 65 Pa.C.S. § 11 03(a), when, as
the Real Estate Manager for the City, he assessed and set the sale price of real
property owned/held by the City, at a T16e when he possessed a reasonable interest
in purchasing the pro ertfor himself; and when, as the Real Estate Manager for
the City, he executeTa Proposal to Purchase agreement between the ?1y and
himself the sale of real property.
3. A technical violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a),
occurred when Pickett failed to file a Statement of Financial Interests for the 2014
calendar year in association with his public position as a Finance Administrator 1,
and when, as the Real Estate Manager, he failed to file Statements of Financial
Interests for calendar years 2015, 2016, and 2017.
4. No violation of Section 11 ONa) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in
relation to Pickett's alleged ailure to file a Statement of Financial Interests for the
2013 calendar year, in that he did not initiate his employment as a Finance
Administrator I in the Collections and Compliance Division of the Department of
Finance until July 14, 2014.
In Re: Aaron Pickett, File Docket: 18-041
Respondent Date Decided: 6/28/19
Date Mailed, 7/3/19
Aaron Pickett ("Pickett"'), a public employee in his capacities as: (1) a Finance
Administrator I for the Collections and Compliance Division of the Department of
Finance of the CiW of Pittsburgh ("City"), Pennsylvania, from July 14, 2014, through
January 24, 2016; and (2) the Collection Manager/Manager of the Real Estate
Division of the Department of Finance of the City hereinafter, "the Real Estate
Manager for the Tity") from January 25, 2016, present, violated Section
1103 (a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S, §
11 03(a), when, as the Real Estate Manager for the City, he assessed and set the
sale price of real property owned/held by the City, at a time when he possessed a
reasonable interest in purchasing the property for himself; and when, as the Real
Estate Manager for the City, he executed a Proposal to Purchase agreement
between the City and himself concerning the sale of real property.
2. A technical violation of Section 11 01a) of the Ethics Act, 65 Pa.C.S. § 11 04(a),
occurred when Pickett failed to file a tatement of Financial Interests for the 2014
calendar year in association with his public position as a Finance Administrator 1,
and when, as the Real Estate Maria er, he failed to file Statements of Financial
Interests for calendar years 2015, 209 6, and 2017.
3. No violation of Section 11 04(a) of the Ethics Act, 65 Pa.C.S. § 11 04(a), occurred in
relation to Pickett's alleged failure to file a Statement of Financial Interests for the
2013 calendar year, in that he did not initiate his employment as a Finance
Administrator I in the Collections and Compliance Division of the Department of
Finance until July 14, 2014.
4. Per the Consent Agreement of the parties, Pickett is directed to make payment in
the amount of $5,000-00 payable to the Commonwealth of Pennsylvania and
forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth
(301h) day after the mailing date of this Order.
5. Pickett 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.
6. Pickett is ordered to fulfill his agreement that any profit (defined as the greater of
either the sale price or fair market value/appraised value at the time of sale minus
the $5,000.00 settlement amount reflected herein and cost for any documented
improvements) resulting from the sale of 1103 Tropical Avenue, Ward: 19 Block &
Lot: 16-K-154, Pittsburgh, Pennsylvania, occurring within the time period of the date
of execution of the parties' Consent Agreement ( May 21, 2019) and five (5) years
henceforth, shall be forfeited to the Commonwealth of Pennsylvania.
To the extent he has not already done so, Pickett is ordered to file complete and
X
accurate Statements of Financial Interests for calendarears 2014, 2015, 2016,
and 2017 with the City through the Pennsylvania State Ethics Commission, by no
oth) ,
later than the thirtieth �3 ay after the mailing date of this Order.
Pickett, 18�-041
7@—ge--33
8. Compliance with paragraphs 4, 5, 6, and 7 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,