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1771 CrispellPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Marisa Crispell, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 File Docket: X-ref: Date Decided Date Mailed: FRCS i M i LE: 717-787-0806 WEi3SiTE: www.ethics.pa.gov 19-007 Order No. 1771 6122/20 6/24/20 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma 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 seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. ALLEGATIONS: That Marisa Crispell, a public official/public employee in her capacity as the Director of Elections for Luzerne County, violated Sections 1103(a), 1104(a), 1105(a), and 1105(b)(7) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 11 04a , 1105(a), and 1105(b)(7), when she participated in discussions and evaluations as part of a Request for Proposal process regarding the purchase of electronic poll books, including making recommendations to the Luzerne County Council to enter into a purchase contract with Elections Systems & Software ("ES&S"), at a time when she was serving on an ES&S Advisory Board and receiving transportation, lodging andlor hospitality from ES&S; when as the Director of Elections, she failed to file a calendar year 201p4 Statement of Financial Interests with Luzerne County; and when she attempted to conceal her relationship with ES&S, by filing a deficient calendar year 2017 Statement of Financial Interests, which failed to disclose her receipt of transportation, lodging and/or hospitality in excess of $650.00 from ES&S. II. FINDINGS: Marisa Crispell (also referred to herein as "Respondent," "Respondent Crispell," and "Crispell") served as the Luzerne County, Pennsylvania, Bureau of Elections Director from September 18, 2015, until September 6, 2019. Crispell submitted a letter of resignation to Luzerne County on September 6, 2019. Criswell, Docket 19-007 aP ge 2 b. Crispell gave no explanation for her resignation in the letter. C. Crispell was subsequently hired by the Orange County, Florida, Supervisor of Elections on October 24, 2019. 2. Luzerne County, Pennsylvania, is governed by an eleven -Member Council and one County Manager. a. The Council serves as the legislative branch and the Manager as the executive branch. b. Luzerne County adopted a Home Rule Charter on November 12, 2010, separating the powers and responsibilities of County government. 3. Crispell was previously employed as the Luzerne County Elections Director from December 10, 2012, until March 6, 2015. a. Crispell resigned as Elections Director on March 6, 2015. b. Crispell submitted a resignation letter that reflected she wished to take a different "career path." C. Crispell returned as Luzerne County Bureau of Elections Director on September 18, 2015, after re -applying with the County on May 6, 2015. 4. As the Luzerne County Elections Director, Crispell's stated job duties included the following: a. Communicate election activities, agenda items, and schedules to the Board of Elections. b. Coordinate departmental staff activities, preparing and conducting primary, general, municipal, school district, and special district elections for which the County is obligated. C. Develop and implement the Bureau work plan; assign work activities, project and programs; implement policies and procedures; review and evaluate workflows and procedures. d. Direct the development of manual and automated systems; manage existing computerized systems. e. Develop and implement procedural and technical improvements. f. Monitor, develop and implement national and state election legislation and legal decisions; monitor and implement current election trend s7technology. g. Plan, direct and control the preparation and conducting of elections for which the County had responsibility. h. Prepare electronic ballot layouts and content. Coordinate the testing and auditing of ballots. Interface with media concerning required publications and general press releases. Prepare and present departmental budget and oversee expenditures. Crispell, Docket 19-007 Page 3 k. Prepare bid specifications for election services and equipment. I. Recruit, assign and train election workers. M. Work with the Board Solicitor on legal actions relevant to elections. n. Develop and administer voter education programs. a. Establish departmental policies and procedures. Maintain office policy manual. P. Ensure departmental compliance with County Personnel Code and Policy, to include electronic time and attendance system. q. Select, train, supervise and evaluate staff. r. Perform other duties as assigned. 5. Prior to being employed by Luzerne County, Crispell was employed by the Wyoming County Commissioners' Office from November 12, 1999, until December 7, 2012. a. Crispell served as Director of Voter Education and Voter Machine Administrator from 2006 until December 2012. 6. During the November 2012 election cycle, the Wyoming County Commissioners agreed to provide management staff support to Luzerne County Bureau of Elections. a. The agreement between Wyoming County and Luzerne County provided that Crispell would be utilized by Luzerne County as a contractual employee for the November 2012 General Election. b. Crispell served as a Luzerne County Elections Supervisor from October 3. 2012, through November 16, 2012. C. Crispell was then hired as the Luzerne County Elections Director on or about December 10, 2012, 7. On December 10, 2012, at the time of Crispell's initial hiring, she received a copy of the Luzerne County Accountability, Conduct, and Ethics FACE") Code. a. Crispell affirmed via signature that she received a copy and understood the contents of the ACE Code on December 10, 2012. b. The preamble to the Luzerne County ACE Code states, "Section 101.01 Preamble The proper function of the governance of Luzerne County requires (1) that public officials and employees be competent, independent, honest, impartial and responsible to the public; (2) that governmental decisions and policies be made in the appropriate channels of County governmental structures; ... and (]3]) that the public have confidence in the integrity of the County government, its employees, and its officials." C. Section 103.01 of the ACE Code states, "All Covered Persons shall be suU' ct to the provisions on restricted activities/standards of conduct set fort in this Ethics Code. "Covered persons" include all Luzerne County employees, all members of County Authorities, Boards, and Commissions, Crispell, Docket 19-007 Page 4 all elective County Officials and all employees and their offices." d. Section 103.02 (A) of the ACE Code states, "All Covered Persons will be held accountable for adherence to the standards set forth in the Ethics Code. In matters of ethical dilemmas and conduct not covered under this Code, all Covered Persons are expected always to reflect on and serve what they believe to be in the public interest and not to serve personal interests and gain." e. Section 103.02 (B) of the ACE Code states, "All Covered Persons are subject to and are expected to be familiar with the Ethics Code and with the Pennsylvania Public Official and Employee Ethics Law, Act 93, Chapter 11, of 1998."[emphasis added]. f. Section 103.05 (D) of the ACE Code states, "The requirements for disclosure of financial interests shall be those set forth in applicable state or federal law." g. Section 103.05 (C)-1 of the ACE Code states, "No Covered Person shall solicit, or accept, directly or indirectly, a gift, loan, reward, promise of future employment, benefit or considerations from: A person or business having or seeking a financial relationship with the County." 8. Crispell's W-2 Wage and Tax Statement Reports reflect the receipt of the following income from Luzerne County during calendar years 2014 through 2018. a. 2014- $47,725.33 b. 2015- $25,935.89 Crispell's 2015 salary was reduced due to her resignation on March 6, 2015, and her subsequent return as Elections Director on September 18, 2015. C. 2016- $49,286.68 d. 2017- $49,280.92 e. 2018- $50,214.46 THE FOLLOWING FINDINGS DETAIL CRISPELL'S INITIAL INTEREST IN PURCHASING ELECTRONIC POLL BOOKS FROM ELECTION SYSTEMS AND SOFTWARE ("ES&S") FOR USE BY LUZERNE COUNTY. 9. ES&S was founded in 1996 as American Information Systems Incorporated ("AI S"). a. AIS merged in 1997 with Business Records Corporation and changed the name to Election Systems and Software ("ES&S' ). b. ES&S is a subsidiary of the McCarthy Group, LLC. C. ES&S claims a U.S. market share of more than 60 percent in customer voting system installations. d. ES&S is headquartered in Omaha, Nebraska. 10. Luzerne County initially purchased voting machines from ES&S in 2005. Criswell, Docket 19-007 aP ge 5 a. Luzerne County has utilized ES&S for election -related sales/services since 2006 including Election Day site support, software and hardware maintenance, ballot layout, coding, battery maintenance, and software licensing. b. The election -related services provided by ES&S were considered sole source contracts and did not require approval from the Luzerne County Council. C. Contracts of $25,000.00 or more require Luzerne County Council approval. 11. In or about 2016, Crispell sought to expand Luzerne County's use of electronic polling and contacted ES&S. 12. On March 18, 2016, Crispell emailed ES&S the following: "I have attached the Site Support Request Form for Luzerne Cou11h, If Willie Wesley, ES&S Business Development Manager, is available on April please assign him [sic] to by county. Just tell him we have to hash out the purchasing of electronic poll books and he may as well help me on Election Day." 13. In addition to sending an email to ES&S generally, Crispell additionally emailed Wesley directly on March 18, 2016, stating: "Hey Willie!!! I just requested you for Site Support on April 26th. Lol Not sure if you can really do it .... but we do need to hash out the purchase of electronic poll books yet." 14. Wesley replied to Crispell via a March 22, 2016, email as follows: "I am set to came!! I had to change some items on my schedule to make it happen, but, I look forward to spending time with you. I am bringing my poll book for a demo of the latest version. Let me know if you need anything else. See ya soon." 15. Crispell organized an ES&S demonstration at the Woodlands Inn and Resort (1073 Highway 315, Wilkes-Barre, Pennsylvania) for July 27, 2016. a. The demonstration featured voting systems, the electronic poll book, ballot on demand, and programming software. b. Crispell invited other Pennsylvania county election directors to attend the event via email on June 22, 2016. Crispell wrote in the June 22, 2016, email addressed to the Pennsylvania county election directors: "ES&S will be demonstrating voting systems, electronic poll book, ballot on demand, and programming software on July 27r�', 10 AM, Woodlands Inn and Resort, Wilkes Barre, Luzerne County. If you are interested in attending, please contact me directly at marisa.crispellaluzernecounty.org." 2. In her email, Crispell identified ES&S to the exclusion of other vendors presenting. 3. Crispell did not identify Elections Services Online ["ESO"] within her Crispell, Docket 19-007 Page 6 June 22, 2016, email addressed to the Pennsylvania county election directors. C. In addition to Pennsylvania county election directors, Crispell also invited County personnel to attend the presentation via the June 24, 2016, memorandum. In her memorandum, Crispell listed ES&S and ESO as the two vendors participating in the demonstration. 16. During an August 11, 2016, Luzerne County Board of Elections meeting, Crispell informed the Board of the ES&S demonstration of the electronic poll book. a. Board of Elections meeting minutes of August 11, 2016, record Crispell as disclosing the following: "ESS had provided a demonstrated [sic] of an electronic poll book which would provide instant verification and can be used with a machine that prints a ballot. Further, the book permits the use of a bar code which loads the ballot and eliminates lines for alphabetical columns." b. Crispell did not provide a report as to any presentation made by ESO or any other vendor. 17. In her position as Elections Director, Crispell influenced County officials of a real or perceived need to purchase the ES&S poll books. a. Crispell advocated the need for the ES&S products and made public comments as such. b. In an August 21, 2016, Times Leader article, Crispell is quoted as declaring to the Election Board, "I want the electronic poll book" and added that other counties have been using them for years. 18. In a September 10, 2016, email, Crispell informed Luzerne County Director of Administrative Services David Parsnik {"Parsnik") that she would seek approval from the County Election Board and County Council for the implementation of electronic poll books for the County during the 2017 calendar year. a. Crispell wrote in a September 10, 2016, email to Parsnik: "So I'm actually trying to use one of those line items (leasing of equipment) and it won't save my figure. I'll be looking to get approval for electronic poll book implementation starting in 2017. 1 received a rough draft price quote, just to get an idea of what we should expect pricewise. [attached the quote. t looks like we'll be looking at around $132,000 annually for 5 years (I'm adding $55,000 to the price to account for stands, which was not included in the quote). Keep in mind, I received a quote for 360 (2 per polling place which we will not need. But I thought we should be prepared to have money left over, rather than not have enough, since this will have to go out to bid. I'm going to create a cost comparison, printing paper poll books in house/versus the electronic version, as well as where electronic poll books can take use with new equipment in the future, to have ready for budget hearings." b. The pricing discussed by Crispell was for ES&S products. C. Crispell did not provide pricing from any other vendors. Crispell, Docket 19-007 Page 7 19. Crispell sent a group email to the Pennsylvania Election Directors Association ("PEDA") on November 7, 2016, advising that she would be requesting the purchase of electronic poll books in 2017 and was seeking information from other counties on their use of equipment sold by ES&S. a. Crispell wrote in the November 7, 2016, email: "In addition to preparing for this crazy election, I am also preparing for by [sic] budget hearing scheduled for next week. One of my requests for 2017 is the purchase of Electronic Poll Books. By a raise of hands (really, ust a response email), how many of you already use Electronic Poll Books . " b. PEDA is an organization consisting of election directors in 67 Pennsylvania counties. 20. Following the November 8, 2016, election, Crispell met with Parsnik, Luzerne County Manager David Pedri ("Pedri"), and various other County officials to discuss ways to improve the voter experience in Luzerne County. a. Crispell suggested purchasing electronic poll books to shorten voter wait time and better assist voters in locating their correct polling locations. 1. Luzerne County used paper poll books to check in voters at polling locations. 2. The pa�per poll books often led to longer wait times for voters at polling IC cations. 21. In a January 17, 2017, email, Crispell informed Parsnik that she would be meeting with ES&S and made inquiry whether there would be money in capital for purchasing electronic poll books as follows: "Hey boss, I would pay for the tablets unless IT has some $$ to share. We would only need about 4. Also, was there going to be money in capital for electronic poll books? I think we would be better off leasing, not purchasing, and then we could bundle once the new voting systems are approved by DOS. I am meeting with ES&S on Thursday to go over a few things .... and if poll books are an option, I want to get the ball rolling." 22. At the time Crispell drafted the January 17, 2017, email, she was meeting with ES&S to the exclusion of other potential vendors. 23. In or about February 2017, Crispell corresponded with Susquehanna County, an adjoining county, regarding ES&S poll books. 24. In a February 15, 2017, email, Susquehanna County Election Director Sarah Sisson advised Crispell as follows: "Washington has 190 EPoll 5000s from ES&S. Overall satisfaction is pry 90%. 1 would rather have their newest version." a. Crispell replied on February 28, 2017: "That's what I'm thinking. I'm interested in the system that will be in front of the state certification committee next year. The poll book works in co%nction with the voting system and activates the appropriate party ballot for That voter." Crispell, Docket 19-007 Page 8 25. At the time of the email communication with Sisson, Crispell's primary focus was the ES&S poll book. THE FOLLOWING FINDINGS REFLECT CRISPELL'S ATTENDANCE AT A MARCH 1-3, 2017, ES&S ADVISORY BOARD MEETING IN LAS VEGAS, NEVADA. 26. In 2017, while Crispell was advocating ES&S products to County officials and officials from other counties, she received an invitation from ES&S to attend an all - expense -paid trip to Las Vegas. Crispell received a telephone call from Kathy Rogers ("Rogers"), an ES&S official, on February 15, 2017, at 1:26 p.m. 27. Subsequent to the telephone call from ES&S on February 15, 2017, Crispell received an email that included attachments from ES&S Senior Administrative Assistant Joan Chastain ("Chastain") regarding a March 1-3, 2017, ES&S Advisory Board meeting in Las Vegas, Nevada. a. Chastain's email included: "Good afternoon, Marisa. It was great meeting you over the phone and I look forward to actually meeting you in person soon. Also, I'm glad that we were able to connect you with Lori McWilliams to have your airfare booked. Please see below and attached, the emails that have been sent out to our Advisory Board members regarding our March 2 ES&S National Advisory Board Meeting in Las Vegas. As I mentioned, the second attachment is a draft agenda encompassing our events/meeting for March 1-3 to get an overall snapshot of this meeting. Thank you and please do not hesitate to contact me if you have any questions or concerns. Enjoy the rest of your day." 28. The attachments Chastain forwarded to Crispell were dated December 15, 2016, and January 20, 2017. a. December 15, 2016: "Happy Holidaysl I hope this finds you doing well and able to enjoy this holiday time. With our next ES&S National Advisory Board Meeting approaching on March 2, 2017 in Las Vegas, Nevada, it is now time to go ahead and book your airfare travel only accordingly. Please keep in mind when booking, to arrive a nes ay, Nlarch 1, in time for a group dinner, meeting on Thursday, March 2, followed by a group dinner; then depart on Friday, March 3, at your leisure. The exception, of course, to this is if you decide to take advantage of the hotel rates being offered prior to and after the meeting (see attached Save the Date e-mail). Please feel free to go ahead and contact our American Express GBT representative Lori McWilliams, at 1-800-247-8683, x1204 (direct 402-970-1204) to book your airfare only, as she will be available over the holiday period from now until 3 p.m. on December 21 until January 2, 2017). If you do happen to book your airfare using another vendor or source, please send me a copy of your itinerary. Also, the hotel sleeping rooms will be arranged via a Group Booking, so no need to make any hotel arrangements on your own. For your travel to/from the airport, we will ask that you use Uber or cab service. As always, this information will be sent out to you as we get closer to the travel/meeting date. We look forward to an informative session including a recap of the general election, a discussion of future technology, and as always, your feedback is welcome to help us improve and enhance the Crispell, Docket 19-007 a P c, 9 voting experience as we prepare for the next round of elections. Please do not hesitate to contact me if you have any questions. Meanwhile, wishing you and yours a warm and peaceful holiday.' January 20, 2017: "This is just a friendly reminder, if you have not already done so, to please book your air travel to/from Las Vegas, NV for the March 2 ES&S National Advisory Board Meeting. Also, for those who have not yet booked your air travel to/from Las Vegas, NV for the March 2 ES&S National Advisory Board Meeting. [sic] Also, for those who have not yet booked airfare, please let me know as soon as possible if you plan on attending the meeting. This will assist in securing the right amount of sleeping rooms and confirm the meeting attendees. If you have booked your air travel through a different vendor or source, please send me a copy of your itinerary. As the attached e-mail indicates, we will be staying and meeting as [sic] the Cosmopolitan Las Vegas(http:marriot.comlhotelsltravel/lasco-the-cosmopolitan-of-las- vegas-autograph-collection/). All the travel details are in the e-mail below as well as the one attached. More details will be shared as we get closer to the meeting date. Thank you. And as you all know, please do not hesitate to contact me if you have any questions or concerns." 29. Crispell replied to Chastain on February 15, 2017, via email as follows: "Thank you, JoAnn. It was a pleasure speaking with you this afternoon. You were very informative and based on what I know about the Advisory Board thus far, I share your enthusiasm. The agenda is intriguing and I am anxious to hear the opinions that will surround many critical topics. Also, thank you for connecting me to Lori, she was helpful in making my travel arrangements: I am very much looking forward to meeting you and Kathy, as well as observing the Advisory Board Meeting. Please feel free to contact me on my personal cell phone, if you should need anything further; 570-xxx-xxxx. Thank you again Marisa." a. In her email, Crispell referred to meeting "Kathy" (Kathy Rogers is the Senior Vice President of Government Relations for ES&S.) b. During a September 25, 2019, interview with Commission investigators, Crispell confirmed that in February 2017, Rogers contacted her telephonically to invite her to attend the Advisory Board meeting in Las Vegas, Nevada. 30. Within two weeks of accepting the invitation to attend the ES&S Advisory Board Meeting in Las Vegas (acceptance email February 15, 2017), Crispell drafted and sent an email to Susquehanna County Election Bureau Director Sarah Sisson (February 28, 2017), informing Sisson that she (Crispell) was interested in purchasing the new ES&S poll book that was up for certification by the Pennsylvania Department of State (also referred to herein as "PA Department of State,` "Department of State," and "DOS"). a. At the time Crispell communicated with Sisson, Crispell had already accepted an invitation of travel, lodging and hospitality from ES&S. 31. During the September 25, 2019, interview with Commission investigators, Crispell asserted as follows: a. Prior to accepting the invitation to attend the ES&S Las Vegas, Nevada, Advisory Board meeting, she informed her supervisor, Parsnik. Crispell Docket 19-007 Page I Parsnik advised Crispell to seek legal counsel from Luzerne County Election Board Solicitor Michael Butera ("Butera"). b. She contacted Solicitor Butera telephonically on February 15, 2017, regarding her participation on the ES&S Advisory Board. C. She informed Butera that ES&S would be paying for her transportation, lodging, and meals for her attendance at the Las Vegas, Nevada, Advisory Board meeting. d. Butera informed Crispell that, in his opinion, it was lawful for her to participate on the ES&S Advisory Board and that her participation would not be considered a conflict of interest. 32. Butera, during an October 11, 2019, investigative interview, informed that he did not refer to the Pennsylvania State Ethics Act (65 Pa.C.S. § 1101 et seg.) when he provided legal advice to Crispell. a. Butera confirmed that no memorandums or correspondence were filed pertaining to the advice he provided to Crispell regarding her participation on the ES&S Advisory Board. b. Butera provided Crispell no advice or guidance pertaining to her subsequent need to disclose her receipt of transportation, lodging, or hospitality from ES&S on her Statement of Financial Interests form. 33. Parsnik advised Commission investigators that he never followed up with Crispell regarding the legal advice that Butera provided to her. a. Parsnik claimed that Crispell never informed him that she would be traveling to Las Vegas, Nevada, or Omaha, Nebraska, to attend ES&S Advisory Board meetings. b. Parsnik confirmed that there were no emails or documentation in the possession of the County, from Crispell, officially requesting to participate on the Advisory Board. C. Parsnik had no formal meeting with Crispell regarding her participation on the ES&S Advisory Board. 34. On or around February 15, 2017, Crispell informed Pedri that she was invited to participate on an ES&S Advisory Board. a. Crispell mentioned the Advisory Board in conversation with Pedri but never formally requested to participate on the Advisory Board. b. Crispell never disclosed to Pedri that she would be attending ES&S Advisory Board meetings in Las Vegas, Nevada, and/or Omaha, Nebraska. C. Crispell never disclosed to Pedri that she would be receiving travel, hospitality and/or lodging from ES&S when she attended ES&S Advisory Board meetings in Las Vegas, Nevada, and/or Omaha, Nebraska. d. At the time Crispell met with Pedri on February 15, 2017, Crispell had already accepted an invitation to receive travel/hospitalityllodging from ES&S, at a time when she (Crispell) was advocating to the County to lease/purchase electronic poll books from ES&S. C�rispel{, Docket 19-007 age- ge 11 35. Crispell contacted ES&S American Express Global Business Travel Representative Lori McWilliams telephonically on February 15, 2017, to book her air transportation to Las Vegas. a. Crispell booked her air transportation the same date she received the Advisory Board information email and invite from Chastain. b. Crispell's air transportation was booked under Invoice Booking Reference XFWETI-1S and Trip ID-12022090246 through American Express Global Business Travel. C. Cris ell's air transportation was paid for with an ES&S American Express card[numberredacted] in the amount of $349.88. 36. Crispell booked a departing flight for March 1, 2017, at 11:25 a.m. (EST) with Southwest Airlines from Philadelphia International Airport to Las Vegas McCarran International Airport. a. Cris ells return flight was on March 3, 2017, at 3:40 p.m. (PT) with Southwest Airlines from Las Vegas McCarran International Airport to Philadelphia International Airport. 37, On February 24, 2017, Chastain emailed Crispell requesting her bioggraphy for introductions at the Advisory Board meeting in Las Vegas, Nevada. Chastain's email provided as follows. - "Good afternoon, Marisa. I look forward to meeting you next week in Las Vegas at our March 2 meeting. In preparation for attendee introductions at the meeting, could you please send me your Bio? Thank you and please watch for an e-mail filled with travel information to be sent either today or Monday. Enjoy the rest of your day and weekend. See you in Las Vegas!" a. Crispell emailed Chastain on February 28, 2017, and included an attachment of her biography for the March 2, 2017, Advisory Board meeting. 38. Others invited by ES&S to Las Vegas included public officials from other states who also have responsibilities for elections. 39, The public officials invited to attend the ES&S paid/sponsored Advisory Board meeting in Las Vegas, Nevada, included: a. Marci Andino - Executive Director of the South Carolina State Election Commission b. Nikki Charlson - Deputy Administrator for the State of Maryland Administrator of Elections C. David Dove - Executive Counsel for Georgia Governor Brian Kemp d. Virginia Gelms - Hennepin County, Minnesota, Elections Manager e. Steve Harsman - Montgomery County, Ohio, Deputy Director of Elections f. Joe Holland - Santa Barbra County, California, Registrar of Voters g. Tabitha Lehman - Election Commissioner, Sedgwick County, Kansas h. Ralph Mohr - Erie County, New York, Republican Elections Commissioner Crispell, Docket 19-007 age Brad Nelson - Pima County, Arizona, Elections Director Don Palmer - United States Election Assistance Commissioner k. Tonni Pippins -Poole - Dallas County, Texas, Elections Administrator Greg Riddlemoser Stafford County, Virginia, Elections Director M. Michael Ryan - New York City, New York, Election Board Executive Director n. Dave Shively - Lancaster County, Nebraska, Election Commissioner o. Jim Silrum - North Dakota Deputy Secretary of State P. David Stafford - Escambia County, Florida, Supervisor of Elections q. Marisa Crispell - Luzerne County, Pennsylvania, Bureau of Elections D i recto r 40. Crispell's travel arrangements to Las Vegas were coordinated by ES&S. 41. Crispell emailed ES&S American Express Global Business Travel Representative Lori McWilliams on February 28, 2017, requesting information pertaining to an early check -in with Southwest Airlines. a. Crispell wrote: "Hi Lori! Southwest allows a 24 hour early check in, but I'm not sure how I would access the flight without a confirmation number. I've looked through the document that you had sent me and I can't seem to find one. Is there another way to early check in since the flight was booked with a business account? Or do I wait until 1 arrive at the airport tomorrow? Thank you! Marisa" 42. Crispell traveled to Las Vegas, Nevada, with Chris Faux on March 1, 2017. 43. ES&S paid for Crispell's lodging at the Cosmopolitan of Las Vegas (3708 South Las Vegas Boulevard, Las Vegas, Nevada 89109). a. Crispell checked in on March 1, 2017. b. Crispell was assigned room 2836 at the west end of the Cosmopolitan. C. The Cosmopolitan is described as a unique luxury resort hotel and casino in the heart of the Las Vegas strip. d. The resort consists of two towers, the Boulevard Tower and the Chelsea Tower. e. The resort has 3,027 rooms, a 110,000 square foot casino, 300,000 square feet of retail and restaurant space, a 40,000 square foot spa and fitness facility, a 3,200 seat theater, and 150,000 square feet of meeting and convention space. 44. Crispell's lodging was booked at the Cosmopolitan by ES&S under group reservation no. 427101393948 Conf. Crispell, Docket 19-007 aP ge T3 a. The total cost of Crispell's lodging in Las Vegas was $694.28. 1. The total included a room fee of $599.00, $80.14 in taxes, and a $15.14 charge for the consumption of two Bud Light beers from the mini bar. b. Records reflect that ES&S paid for Crispell's lodging under a group settlement on March 7, 2017. 45. Crispell attended an ES&S-sponsored dinner at the Chandelier Lounge Level 2 at the Cosmopolitan Resort on March 1, 2017. a. The Chandelier Level 2 is described as an inviting lounge that showcases the splendor of The Chandelier, giving guests a glimpse into the mystique and magic of the world within. b. The Chandelier offers an array of signature cocktails, beers, and wines. C. There were 20 attendees at the dinner including Crispell. 1. The majority of the dinner attendees were public officials. d. The total cost for the dinner was $4,256.42. 1. Chastain paid for the dinner at the Chandelier with an ES&S American Express credit card [number redacted]. 2. The cost of Crispell's proportion of the meal costs was $212.82 calculated as: $4,256.42 20 = $212.82. 46. On March 2, 2017, at 7:45 a.m., Crispell attended an ES&S Advisory Board meeting in the Yaletown 1 Conference and Meeting Room on the fourth floor of the Cosmopolitan. The itinerary for the meeting included: a. From 7:45 a.m. to 8:30 a.m.: Continental Breakfast. b. 8:30 a.m. until 8:45 a.m.: ES&S Senior Vice President of Government Relations Kathy Rogers welcomed the attendees. C. 8:45 a.m. until 9:15 a.m.: ES&S CEO Tom Burt provided a company update. d. 9:15 a.m. until 9:30 a.m.: Attendees were presented a time capsule reveal. e. 9:30 a.m. until 10:15 a.m.: Nevada Secretary of State Barbar Cegayske spoke. f. 10:30 a.m. until 12:00 p.m.: There was group discussion moderated by Rogers and Brad Nelson pertaining to infrastructure, recounts, technology, funding, voter and confidence. g. 12:00 p.m. until 1:15 p.m.: The Advisory Board was provided lunch. h. 1:15 p.m. until 2:00 p.m.: ES&S Senior Vice President of Product Development Adam Carbullido presented a company development update. i. 2:00 p.m. until 2:30 p.m.: Senior Vice President of Certification Steve Pearson provided a presentation, "How ES&S is growing to meet your needs." Crispell, Docket 19-007 Page 14 j. 2:30 p.m. until 3:15 p.m.: ES&S Vice President of Operations Jim Schmidt gave a presentation, "Customer satisfaction -The results say ... You say? k. 3:30 p.m. until 4:00 p.m.: A wrap-up meeting was completed by Rogers. I. Between 4:00 p.m. and 6:00 p.m., the Advisory Board was provided a break before dinner. 47. On March 2, 2019, at 6:00 p.m., Crispell and the Advisory Board members attended an ES&S-sponsored dinner at the Scarpetta Italian Restaurant at the Cosmopolitan Resort. a. The Scarpetta Italian Restaurant is described as an earthy yet sophisticated approach to Italian cuisine featuring a soulful menu of seasonally inspired fare. b. There were 20 attendees at the dinner including Crispell. C. The total cost of the dinner was $3,363.70. 1. Crispell's approximate proportion of the meal costs was $168.18 calculated as: $3,363.70 . 2fl = $168.18. d. Chastain paid for the dinner with an ES&S American Express card [number redacted]. 48. ES&S CEO Tom Burt provided an acrobatic show ticket for Crispell and 15 other Advisory Board members at the Planet Hollywood Resort on March 1, 2017, and March 2, 2017. a. Burt paid for Crispell's entertainment with an American Express Delta SkyMiles credit card account ending in [number redacted.] b. The cost of Crispell's show ticket was $134.33. 49. Crispell checked out of the Cosmopolitan Resort on March 3, 2017. 50. On March 3, 2017, Crispell returned to Philadelphia via Southwest flight 1132. a. Crispell arrived in Philadelphia, Pennsylvania, on March 3, 2017, at 8:15 p.m. (ET) 51. The below chart details transportation, lodging, and hospitality totaling $1,559.49 that Crispell received from ES&S during the March 1-3, 2017, trip to Las Vegas, Nevada. Dates Purpose Amount Location 1-Mar-3 Mar-17 Air Travel $349.88 Las Vegas 1-Mar-2 Mar-17 Lodging $694.28 Las Vegas 1-Mar-2 Mar-17 Meals $381.00 Las Vegas 1-Mar-2 Mar 17 Entertainment $134.33 Las Vegas Total $1,559.49 52. Crispell, during a September 25, 2019, investigative interview, confirmed that ES&S paid for her transportation, lodging and hospitality for her attendance at the Crispell, Docket 19-007 Page 15 March 1-3, 2017, ES&S Advisory Board meeting in Las Vegas, Nevada. a. Crispell confirmed that her acrobatic show ticket was paid for by ES&S CEO Tom Burt. 53. Crispell emailed Rogers on March 6, 2017, to thank her for the trip to Las Vegas. Crispell's email included: "Good Morning Kathy! I just wanted to thank you again for inviting me to the Advisory Board Meeting. Attending the Board Meeting was a wonderful opportunity and I was absolutely honored to be a part of it! The knowledge that I gained will be instrumental as I make inquiries of the timely equipment certification standards of the Department of State, as well as pursuing election code reform alongside PA County Election Directors. It was an honor meeting you, Tom, and the `team.' Each ES&S representative was an absolute pleasure and the Election Official contacts that I was able to make were invaluable. I look forward to the possibility of working with you and the Board again in the future. I hope you mom enjoyed her visit with her great grandson and her flight home was uneventful. Don't forget to give me a call the next time you are close to PA! I'm taking you for some Id Forge pizza! Thank you again for your generous hospitality!" 54. Rogers replied in an email to Crispell on March 8, 2017, and formally invited her to participate on the ES&S Advisory Board: "Marisa, Please forgive my tardiness in responding to your message as I had every intention of sending you a note as well. Our team was so very impressed with the value you brought to the content of the meeting. Our goal for the Advisory Board is to obtain constructive feedback that we can use to improve and enhance services and products for our customers across the nation. Your interactions provided us with just that- solid feedback that helps us continue to grow in support of our end users. Frequently our members will often step down when they are in an active RFP process and then resume their attendance if they should continue with our products. If your RFP is still two years out would you be interested in continuing to attend our meetings until such time as you are in an active RFP rocess? Let me just say, we are unanimous in our agreement that we would love o have you serve even if temporarily. Your knowledge and passion for elections is just what we need. We can discuss by phone later if you like. Ps. I can't wait to try Old Forge Pizza!!! Kathy" 55. Crispell accepted Roger's invitation to serve on the ES&S Advisory Board in a March 8, 2017, email: "Kathy, Truly no apology is necessary. I know how busy things can be when you return from being away. Oh my goodness, I would love to sit on the Board! I'm so excited!! Thank you so much.! Seriously, if you were in my office, you would've heard me squeal with delight! My head is still buzzing with all of the information I walked away with and I look forward to future meetings and correspondence! I can give you a call tomorrow if you want to go over anything, just let me know what time works best for you. Or you can just swing by good ole Wilkes Barre PA and we can have a discussion over some Old Forge Pizza. Thank you again, Marisa" 56. Between March 1, 2017, and March 3, 2017, when Crispell attended the ES&S- sponsored junket in Las Vegas, Nevada, she did not utilize any vacation and/or other authorized leave from the County to attend the junket. a. Crispe!Ps W-2 Wage and Tax form reflects that she earned $49,280.92 from Luzerne County during calendar year 2017. Crispell, Docket 19-007 aP ge T6 b. Crispell's approximate daily earnings are calculated as follows: $49,280.92 (2017 yearly earning) _ 1,950 (work hours in a year) $25.27 per hour salary. C. Crispell worked a 7.5 hour workday and 37.5 hours each week. d. Crispell's compensation is $189,52 per day based on $25.271hour x 7.5 (work hours per day). e. Crispell was paid $568.56 when she did not use leave to attend the March 1-3, 2017, ES&S sponsored event in Las Vegas, Nevada. 1. Determined by daily salary $189.52 x 3 days. THE FOLLOWING FINDINGS RELATE TO CRISPELL'S ATTENDANCE AT AN AUGUST 2-3,2017, ES&S ADVISORY BOARD MEETING. 57. Crisppell attended a second all -expense paid trip sponsored by ES&S in August 2017. a. The event was listed as an Advisory Board meeting but included the marketing of ES&S products. 58. On April 14, 2017, Chastain emailed Crispell and other ES&S Advisory Board members regarding scheduling a date for the next Advisory Board meeting to be held in Omaha, Nebraska: a. "Can you believe it -it's that time again! The date we are looking to hold our next ES&S National Advisory Board Meeting is Thursday, September 7, 2017, in Omaha, NE. This will encompass travel dates for arrivals on Wednesday, September 6, and for departures on Friday, September 8. Please take a moment and mark below your availability/non-availability to meet on September 7, sending your response to me by next Friday, April 21. Once I receive all your responses, we will announce the verdict. Yes, I am available and will attend the September 7 ES&S a Iona visory Board Meeting in Omaha, NE (with travel September 6-8 Wednesday -Friday). No, I am not available and will not attend the September 7 ES&S Naianal Advisory Board Meeting in Omaha, NE (with travel September 6-8 = Wednesday -Friday). I thank you in advance for your prompt response. And as always, please do not hesitate to contact me if you have any questions or concerns." b. Crispell responded to Chastain's email on April 15, 2017, to select September 6-8 as her preferred dates to attend the Advisory Board meeting. 59. On April 24, 2017, Chastain sent a follow up email to Crispell and the Advisory Board to add August 3, 2017, as a possible date for the Advisory Board meeting in Omaha, Nebraska. a. Crispell replied to Chastain via email on April 26, 2017, to inform that she crispell, Docket 19-007 Page 17 selected August 2-3, 2017, as her preferred date for the Advisory Board meeting but that she would be available September 6-8, 2017, as well. 60. Additional Advisory Board members invited to attend the Omaha, Nebraska, meeting included public officials/public employees including: a. Marci Andino - Executive Director of the South Carolina State Election Commission b. Nikki Charlson - Deputy Administrator for the State of Maryland Administrator of Elections C. David Dove - Executive Counsel for Georgia Governor Brian Kemp d. Virginia Gelms - Hennepin County, Minnesota, Elections Manager e. Steve Harsman - Montgomery County, Ohio, Deputy Director of Elections f. Joe Holland - Santa Barbra County, California, Registrar of Voters g. Tabitha Lehman - Election Commissioner, Sedgwick County, Kansas h. Ralph Mohr - Erie County, New York, Republican Elections Commissioner Brad Nelson - Pima County, Arizona, Elections Director j. Don Palmer - United States Election Assistance Commissioner k. Tonni Pippins -Poole - Dallas County, Texas, Elections Administrator I. Greg Riddlemoser - Stafford County, Virginia, Elections Director M. Michael Ryan - New York City, New York, Election Board Executive Director n. Dave Shively - Lancaster County, Nebraska, Election Commissioner o. Jim Silrum - North Dakota Deputy Secretary of State P. David Stafford - Escambia County, Florida, Supervisor of Elections q. Marisa Crispeli Luzerne County, Pennsylvania, Bureau of Elections Director 61. On June 12, 2017, Chastain emailed Crispell and the other invitees advising to book air transportation for the August 3, 2017, meeting in Omaha, Nebraska, and to update hotel arrangements: "Happy Summer! I hope this finds you staying cool as the weather heats up. As we get closer to our August 3, 2017 ES&S National Advisory Board Meeting in Omaha, Nebraska, we would like you to go ahead and book your airfare travel only to/from Omaha. We ask that when booking, to arrive Wednesday, ugus 2, in time for a group dinner; then we will have our all day meetin.9 and group dinner on August 3; and all depart on Friday, August 4, at whatever time your schedule allows. To book your air travel only, please contact Vickie Krause, Specialized Corporate Travel Counselor, with American Express Global Business Travel, at 1-800-247- 8683, X1204 (or direct at 402-970-1204). If you do book your travel via a different Crispell, Docket 1 9-007 Page 18 method or vendor, please send me a copy of your itinerary Also, your hotel sleeping room will be booked separately as a Group Reservation at the Magnolia Hotel -- Omaha (see hotel information below). Which means, no need to book any hotel arrangements while in Omaha. If personally interested in extending your Omaha visit, the hotel has offered our nightly rate of $119.00 (King Room) for three days prior to August 2 and three days post August 4. Please let me know if you would like to take advantage of this to book your hotel room accordingly. We are excited to host this meeting in Omaha and look forward to showing you our recent renovations, new products, and of course our Flag! And as always, more meeting details to follow as we get closer to our August 3 meeting date. last, we understand that all of our members cannot attend this meeting, yet wanted to make sure that all members have this same information in case any plans change and can now attend. Thank you and please feel free to contact me if you have any questions. Magnolia Hotel — Omaha 161 5 Howard Street Omaha, NE http://magnoliahotels.com/omaha/" 62. On June 12, 2017, Chastain emailed Crispell and the other attendees a reminder to book their airfare with American Express Global Business Corporate Travel Counselor Vicki Krause. a. Additionally, Chastain informed Crispell and the Advisory Board members that ES&S CEO Tom Burt extended an invitation to play golf on August 2, 2017. Chastain wrote: "In follow-up to my e-mail below dated June 12, 2017, we are looking forward to our August 3, 2017 ES&S National Advisory Board Meeting to be held here in Omaha at our HQ Office. This is just your friendly reminder that you if you plan on attending this August 3 meeting, and have not yet booked your airfare, we ask that you do so as soon as possible. If your schedule now does not permit you to attend this meeting, please let me know. And if you have booked your airfare via a different vendor or source than ours, and have not yet shared it with me, I ask that you please send me your itinerary. Also, Tom Burt would like to extend an invitation to you to play golf the afternoon of Wednesday, August 2, 2017. If you are interested in playing and have not yet booked your air travel, please ensure that you land by noon on August 2 or even arrive the night before, August 1. Or if you have already booked your air travel and would like to play golf, please 90 ahead and make the appropriate time change on your current itinerary. Either way, please let me know so we can plan accordingly. As for booking/changing your air travel, you would still call Vickie Krause at 1-800-247-8683 X1204 (or direct at 402-970-1204). Please do not hesitate to contact me if you have any questions and/or concerns. Thank you for your time and attention as we prepare for this meeting." 63. On July 18, 2017, Crispell emailed Chastain to confirm her attendance at the August 3, 2017, Advisory Board meeting but declined the invitation to play golf: "Hi JoAnn! I just spoke to Vickie and she is taking care of me. I can't wait to check CCrisell, Docket 19-007 aP ge T9 out the ES&S crib! As much as I would love to golf, I've been told that I'm not very good. I believe the only dignifying contribution I would have to offer would be as a cart driver, refreshment server, or cheerleader. Please extend my thanks to Tom for the invite, but I'll have to decline. However, if he needs any of my golfing services that I've listed, I'd be more than happy to partake! O lol I'll see you soon! Have a great day! Thank you! Marisa" 64. On July 18, 2017, Crispell booked her air transportation for the Omaha, Nebraska, Advisory Board meeting with Vickie Krause of American Express Global Business Travel. a. Crispell's air travel was booked under reference RNSRKU and Trip ID 11672560030. b. Crispell's flight itinerary included a departure from Scranton -Wilkes-Barre on August 2, 2017, and a return from Omaha on August 4, 2017. C. The total cost of Crispell's air transportation from Wilkes -Barre -Scranton to Omaha, Nebraska, was $382.97. d. The total cost of Crispell's air transportation from Omaha, Nebraska, to Wilkes -Barre -Scranton was $431.29. 65. Crispell's air travel was ppaid with an ES&S American Express card [number redacted] on July 18, 2017. 66. On Wednesday, August 2, 2017, Crispell departed Wilkes-Barre Scranton International Airport at 6:25 a.m. (EST) to Charlotte Douglas International Airport for a connecting flight to Omaha. a. Crispell departed Charlotte Douglas International Airport for Omaha, Nebraska, on August 2, 2017, at 11:25 a.m. (EST) and arrived at Omaha, Nebraska, on August 2, 2017, at 12:06 p.m. (CDT). 67. Crispell checked into the Magnolia Hotel (1615 Howard St, Omaha, Nebraska 68102) on Wednesday, August 2, 2017, for two nights. a. Crispell stayed in room 208 at the Magnolia Hotel. b. The Magnolia Hotel is a boutique style hotel situated in the Old Market District and within walking distance ofCenturyLink Center and the historic Orpheum Theater. 68. Crispell's lodging costs for two nights at the Magnolia Hotel was $281.24 including taxes. a. Crispell's lodging was booked and paid for under a group rate by ES&S. 69. On August 2, 2017, Crispell attended a group dinner with ES&S Advisory Board members and ES&S executives at the Flatiron Cafe. a. There were 24 attendees at the dinner including Crispell. C�ris�, Docket 19-007 age ge 20 b. The Flatiron Cafe offers classic dishes with a modern touch, borrowing on the best of all culinary traditions. 70. The total cost of the dinner at the Flatiron Cafe was $2,724.17 including gratuity. a. ES&S paid for the dinner at the Flatiron Cafe with an American Express Card [number redacted]. b. Crispell's portion of the meal cost was $113.50 calculated as: $2,724.17 24 = $113.50. 71. On August 3, 2017, Crispell attended an ES&S Advisory Board meeting at the ES&S Corporate Headquarters (11128 John Galt Blvd, Omaha, Nebraska 68137). a. Rogers welcomed the Advisory Board members from 8:30 a.m. until 8:45 a.m. b. The itinerary for the morning of August 3, 2017, included: 8:45 a.m. until 10:15 a.m.: ES&S Senior Vice President of Product Development Adam Carbullido, Vice President of Sales Bryan Hoffman, and Vice President of North America Sales provided a demonstration of ES&S products including the ExpressVote XL, ExpressTouch, and Radar Highlights. 10:15 a.m. to 10:45 a.m.: ES&S Vice President of Finance Dick Jablonksi and Director of Marketing Monica Tesi provided an ES&S facility overview that highlighted the corporate renovations. 11:00 a.m. until 12:00 p.m.: Carbullido and ES&S Vice President of Product Management Mike Goetz provided a presentation on cyber security and elections. 12:00 p.m. until 1:00 p.m.: Lunch 72. ES&5 provided lunch from Qdoba Mexican Eats for 24 attendees at a cost of $425.25 including gratuity. a. The lunch was paid for using an ES&S American Express credit card [number redacted]. b. Crispell's portion of the meal costs was $17.72 calculated as: $425.25 - 24 _ $17.72. 73. The schedule for the remainder of August 3, 2017, included: a. 1:00 p.m. until 1:30 p.m.: Goetz presentation of election results and reporting. 1. Crispell's participation was presenting the same electronic poll book she recommended for approval in Luzerne County. b. 2:00 p.m. until 2.45 p.m.: ES&S Senior Sales Manager Kevin Kerrigan provided a presentation on improving customer service. C. 3:00 p.m. until 3.45 p.m.: The Advisory Board participated in a team activity. d. 3.45 p.m. until 4:00 p.m.: Rogers wrapped up the meeting. Crispell, Docket 19-007 aF ge 21 74. Following the Advisory Board meeting at the ES&S headquarters, ES&S hosted all 24 attendees, including Crispell, for dinner at the Hiro 88 Sushi restaurant. a. Hiro 88 is an upscale Pan -Asian restaurant group in Omaha and Lincoln, Nebraska. b. Hiro 88 offers award -winning Chinese cuisine and some of Omaha's best sushi. 75. The total cost of the dinner at Hiro 88 including gratuity was $3,209.34. a. ES&S paid for the dinner at Hiro 88 with a corporate American Express Card [number redacted]. b. Cost per person for those attending the dinner was $133.71 * calculated as: $3,209.34 = 24 = $133.71*. *[There is a minor mathematical discrepancy in the calculation that does not affect the outcome of this case.] 76. On Friday, August 4, 2017, Crispell checked out of the Magnolia Hotel to return to Pennsylvania. a. Crispell arrived in Scranton -Wilkes-Barre on August 4, 2017, at 5:49 p.m. (EST). 77. The total value of transportation, lodging and hospitality ES&S provided to Crispell for her (attendance at the August 2017] ES&S Advisory Board [meeting] in Omaha, Nebraska, is outlined as follows: Date(s) Purpose Amount Location 2-Aug-4 Aug17 Air Travel $814.26 Omaha 2-Aug-3 Aug17 Lodging $281.24 Omaha 2-Aug-3 Aug17 Meals $264.93 Omaha Total $1,360.43 78. Crispell did not utilize vacation time or any other leave when attending the August event. a. Crispell traveled three days [for the August 2017 Advisory Board meeting]. b. Total compensation paid by the County to Crispell for attending the ES&S trip in August 2017 was $568,56 ($189.521day x 3 days). 79. Crispell, during a September 25, 2019, interview with Commission investigators, confirmed that ES&S paid for her transportation, lodging, and hospitality to attend the Advisory Board meeting in Omaha, Nebraska. 80. The below chart confirms a total of [$2,919.92] in transportation, lodging and hospitality Crispell received from ES&S for her attendance at the Las Vegas, Nevada, and Omaha, Nebraska, Advisory Board meetings in 2017: Crispell, Docket 19-007 Page 22 Dates Purpose Amount Location 1-Mar-3 Mar-17 Air Travel $349.88 Las Vegas 1-Mar-2 Mar-17 Lodging $694.28 Las Vegas 1-Mar-2 Mar-17 Meals $381.00 Las Vegas 1-Mar-2 Mar 17 Entertainment $134.33 Las Vegas Total $1,559.49 2-Aug-4 Aug17 Air Travel $814.26 Omaha 2-Aug-3 Aug17 Lodging $281.24 Omaha 2-Aug-3 Aug17 Meals $264.93 Omaha Total $1,360.43 Total $2,919.92 81. Crispell was also compensated $1,137.12 by Luzerne County while traveling at the expense of an ES&S marketing event. a. The primary purpose of the advisory meetings was to market ES&S products to election officials. 82. In July 2017, duringg the timeframe when Crispell was offered and accepted gratuities from ES&S, she was actively involved as a Luzerne County Elections Director in soliciting quotes from ES&S for electronic poll books. a. Crispell obtained a quote from ES&S on May 11, 2017, approximately [two months] after traveling to Las Vegas at ES&S's expense. 83. Crispell received a May 11, 2017, email from ES&S Business Development Manager Will Wesley that included an estimate that she requested for the purchase of ES&S electronic poll books. Wesley's email provided: "Good evening my friend! I enjoyed our meeting today. You and Mary Beth are a delight!! Looking forward to next week and I think it will be fun to go visit Flo on Monday. Hope you can accompany me. There are three attachments that I hope will provide the information you requested. After looking over this let me know your thoughts. You understand what your board is looking for and we make adjustments to help yyou get this approved. ft will take a little longer to get the network quote, but, I wiil pass it on as soon as I get it. I have given several of these quotes and I estimate that it will be approximately $20,000 if you purchase it thru ES&S. Again I will provide the exact number when I get them.' a. The estimate provided by Wesley reflected a price of $432,000.00 for the purchase of 360 ES&S electronic poll books. 84. Crispell never contacted other electronic poll book vendors to obtain pricing information while participating on the ES&S Advisory Board other than ES&S. THE FOLLOWING FINDINGS REGARD CRISPELL'S LOBBYING' OF THE DEPARTMENT OF STATE ON BEHALF OF ES&S. ' We note that this matter does not involve allegations under Pennsylvania's Lobbying Disclosure Law, 65 Pa.C.S. § 13A01 et sec. Crispell, Docket 19-007 Page 23 85. In 2017, while receiving free trips from ES&S and participating in ES&S events, Crispell coordinated with Rogers to advance the use of ES&S products by other governmental entities, including the Commonwealth of Pennsylvania. 86. In a March 6, 2017, email to Rogers, Crispell wrote: "Good Morning, Kathy! I just wanted to thank you again for inviting me to the Advisory Board Meeting. Attending the Board Meeting was a wonderful opportunity and I was absolutely honored to be a part of it! The knowledge that 1 gained will be instrumental as I make inquiries of the timely equipment certification standards of the Department of State, as well as pursuing election code reform alongside PA County Election Directors." (Emphasis added). a. Crispell emailed Rogers after returning from the March 2017 ES&S Advisory Board meeting. b. Crispell was directed to make "inquiries of timely certification standards of the PA Department of State and to pursue election code reform" while at the ES&S Advisory Board meeting. 87. Rogers, as the Senior Vice President of Government Relations for ES&S, serves as a "government liaison" for federal and state agencies. a. Additionally, Rogers oversees public relations at ES&S and is considered a lobbyist for ES&S. 1. Election Systems and Software (ES&S) has been a registered principal with the Department of State since October 6, 2016. 2. ES&S is assigned registration number P43467 by the Department of State. 3. ES&S has reported quarterly expenses ranging from $2,000.00 to $15,000.00 identified as being both direct and indirect communication. 4. Rogers is NOT registered as a lobbyist with the Department of State. b. Rogers was formerly the State Director of Elections for the Georgia Secretary of State's Office. C. Rogers has been employed with ES&S since 2009. d. Rogers coordinated and participated in the Advisory Board meetings including inviting Crispell and other government officials to attend. 88. Before election voting machines and equipment can be utilized by any of Pennsylvania's 67 counties, the equipment must be certified by the Department of State. a. The purpose of the Commonwealth certification is to confirm that the voting machines meet the requirements mandated by Act 3 and the Pennsylvania Election Code. b. Without Department of State certification, equipment cannot be used. 89. During 2017, ES&S voting machines were not being certified as timely as ES&S desired. Crispell, Docket 19-007 Page 24 a. Rogers had discussed the Commonwealth's certification process with Crispell from at least March of 2017. 90. On May 8, 2017, Crispell emailed Rogers to inform her that Pennsylvania Deputy Secretary for Elections and Administration Marian Schneider was changing positions within the Department of State. Crispell's email noted: "Hi Kathy! Not sure if you heard.... Marian Schneider has changed positions with the DOS. Maybe certification will go smoother.... hopefully! have a great day!! Marisa" 91. Rogers' reply to Crispell's email on May 11, 2017, informed Crispell of a plan she had regarding future certification plans in Pennsylvania: "How about this!! In a semi -related front, I would love to chat with you about our future certification plans in PA and get your thoughts on a plan we have. Absolutely no rush. In fact, we can even discuss in August if you are coming to Omaha?" a. Crispell responded to Rogers on May 11, 2017: "I will be in Omaha in August! I am really excited to see your headquarters! I will be happy to chat about future certification plans in PAI Can't wait!! I have an election on Tuesday, but if you wanted to chat sooner, I can reach out to you once my festivities are complete." 92. At the time Rogers was soliciting input on certifications of ES&S voting equipment, Crispell was accepting transportation, lodging, and hospitality from Rogers/ES&S. 93. In July 2017, Crispell and Rogers again exchanged emails regarding influencing the Department of State to expedite ES&S voting equipment certifications. 94. In a July 18, 2017, email to Rogers, Crispell advised that she was aware that ES&S CEO Tom Burt met with Pennsylvania Secretary of State Pedro Cortes regarding election equipment certification delays. Additionally, Crispell informed Rogers that she would be attending a Pennsylvania Election Directors Conference two weeks following the ES&S Advisory Board meeting in Omaha, Nebraska, and it would provide her the opportunity to discuss issues and concerns of ES&S and to promote ES&S to other county election directors. a. The text of Crispell's email is as follows: "Hello and happy summer!! I've heard through the vine that Tom met with the Secretary regarding certification delays and future certification process improvements. That is wonderful!! 1 can report that the Department of State reassured the Directors of Elections, at the Eastern Association meeting in June, that the DOS has hired an individual that will solely work on certification processing, allowing for a more timely turnaround of system and product certification. I am hopeful that the DOS continues to improve the certification process, but if there are any concerns or issues that you would like to discuss, I will be in Omaha for the Board meeting. Also, just two weeks following the Omaha meeting,. I will be attending the PA State Election Official Conference. As an Election Director, the State Conference is the ideal platform to express any further concerns or issues, so please don't hesitate to chat with me. See you soon! Marisa" Crispell, Docket 1 9-007 Page 25 95. In a responding email of July 18, 2017, Rogers confirmed meeting with Secretary of State Cortes and advised of ideas regarding certification: "Hey there! Yes, we had a good meeting with Pedro and team, and we were encouraged to meet the newest team member who will be working on certifications. We were however, very disappointed to learn that the third party entit who has been testing our software in CA is slated to conduct the testing in PA � will give you the skinny on that when we see you in Omaha) but we are working through that issue. I do have an idea that has been germinating for a while regarding assuring that this moves along much faster than in the past which I want to discuss with you in Omaha. Can't wait for you to see our digs. We have made some nice enhancements recently! I am SO glad you are able to attend! Kathy" (Emphasis added). 96. Crispell attended the Pennsylvania Coun�01 Election Officials Conference in Harrisburg, Pennsylvania, on August 21-24, 7. a. Rogers emailed Crispell while she was attending the conference on August 21, 2017, requesting to speak with her: "Hi Marisa I was planning to call you last week, but things got wild, and I never did. Let me know it you have 5 free min's to talk tomorrow?" b. Crispell replied to Rogers on August 22, 2017, "You can call me whenever you have a chance." 97. Crispell, while attending the August 2017 Pennsylvania Elections Director Conference in Harrisburg, Pennsylvania, spoke with Eastern Pennsylvania Election Personnel Association Chairman Timothy Benyo and Western Pennsylvania Election Personnel Association Chairman Edward Allison to solicit their support to submit a letter to Secretary of State Cortes to voice their displeasure over the lack of timeliness in certifying election equipment. a. This solicitation was done by Crispell in her public position to advance the interests of ES&S. b. Crispell approached Benyo and Allison just two weeks after meeting with ES&S representative Rogers in Omaha, Nebraska, and then speaking with Rogers on August 22, 2017. 98. On September 5, 2017, Crispell emailed Chairmen Allison and Benyo soliciting their support for the letter to be sent to the Department of State: "Hello Gents and Happy Friday! I was wondering if the letter we discussed was still a go? I know the DOS made their promises, but I still feel as though we should express our concerns in writing. We were promised last August that certification was going to run smoothly.... which we all know was smoke. As always, it was a pleasure seeing you both at conference! Thank you and enjoy your Labor Day weekend! Marisa" a. Crispell was the only county election director requesting that Allison or Benyo submit a letter to the Department of State pertaining to certification Crispell, Docket 19-007 Page 26 of election equipment. 99. Allison replied to Crispell's email on September 5, 2017, and agreed to draft a letter to the Department of State. 100. On September 7, 2017, Allison emailed Crispell and Benyo a draft of the letter to be mailed to Secretary of State Cortes. Allison advised as follows: "Afternoon!! Take a look at the letter and comment as you see fit." a. Crispell replied to Allison in a September 7, 2017, email: "Thank you, Ed!! I think it's exactly what we need. Now, correct me if I'm wrong .... I think it would be To that end we ask, on behalf of all election offices, Not positive, just how I would read it aloud." b. Crispell's comments to Allison were intended to give the impression that all 67 county election officers of the Commonwealth were supportive of expedited certifications. 1. Crispell, the only county election officer seeking expedited certifications, was acting on behalf of ES&S. C. Crispell never informed Benyo or Allison that she was serving as a member of the ES&S Advisory Board, or that she accepted travel, lodging and hospitality from ES&S. d. Crispell never informed Benyo or Allison that she was directed and/or instructed by Rogers, an ES&S employee, to contact Benyo and Allison and to use the authority of her (Crispell's) public position to influence the Department of State for the benefit of ES&S. 101. The letter mailed to the Department of State on September 10, 2017, provided as follows: Dear Secretary Cortes, In the opening remarks of the 2016 Election Personnel Conference, a point of emphasis was made as to the timeliness and availability of assets deployed for the certification process of voting systems and ancillary equipment. At that time, election personnel were informed that a position would be added to the Department to remedy what was considered a major bottleneck. Many months had passed before the right person was available for the position. Fiscal issues were also a consideration. Much progress has been made since. However, Election Personnel across the Commonwealth are still concerned as to the remaining life of our current systems and the availability of certified systems to evaluate and complete the necessary budgetary analysis. To that end, we ask, on behalf of all election offices, that the Departments efforts be redoubled to t e all counties the best scenario to evaluate systems and their cost. We would only too happy to advocate for the Department for additional appropriations in order to achieve a favorable outcome. This is an effort we can all buy into. We appreciate all that you and the Department have accomplished and continue to endeavor on our behalf. Crispell, Docket 19-007 Page 27 102. On September 25, 2017, Crispell requested that Rogers contact her telephonically regarding the letter that was sent to the Department of State: "Hi Kathy!! 1 just got my picture!! EEEEEE!!!! I love it!! Thank you, Thank you!! And .... give me a call when you get a chance to talk about the letter my PA Association Chairs are sending to the DOS. Later Gatorl Marisa" 103. Crispell's phone records obtained confirmed that on September 26, 2017, Rogers called Crispell at 10:01 a.m. and engaged in a 17 minute conversation. 104. Crispell followed up with Allison in a September 29, 2017, email to confirm the letter was sent to the Department of State. a. Crispell wrote. - "Ha nnv Friday! Real quick....did you and Tim end up sending that letter to the DOS regarding certification of systems? See...quick and easy! Thanks Ed! Marisa" b. Allison replied to Crispell in a September 29, 2017, email to confirm the letter was sent to Benyo for his signature. 105. On September 29, 2017, Crispell forwarded to Rapers (by email) the letter that was seat to the Department of State by Allison and Benyo. a. Crispell never informed Benyo or Allison that she forwarded the letter to Rogers. 106. On October 6, 2017, Rogers followed up with Crispell via email to inquire if the letter was sent to the Department of State. Rogers' email included: "Morning Marissa (or Happy FriYaY!), Did you happen to find out if this letter was ever sent? Kathy" a. Crispell replied to Rogers on October 6, 2017: "It was! I confirmed with the Eastern Chair on Tuesday. I didn't see the final product, but I imagine it didn't change from the copy I sent to you. Happy Friday!!! Marisa" b. Rogers replied to Crispell in an October 6, 2017, email: "Fabulous!" 107. Department of State Deputy Secretary of Elections and Commissions Jonathan Marks confirmed during an October 18, 2019, investigative interview that the letter from the election directors influenced the Department of State to expedite the certification process of the electronic election equipment. a. The Department of State was particularly sensitive to needs/requests of the Crispell, Docket 19-007 Page 28 entire Association of election directors. b. The letter from the Association directors carried considerably more influence with the Department of State to expedite the certification process than a request from a single election director. C. Benyo and Allison did not typically communicate with the Department of State by letter. d. Marks was unaware that Crispell solicited Benyo and Allison to send the letter to the Department of State. e. Marks was unaware that Crispell forwarded the letter to Rogers. 108. The Department of State began reviewing an ES&S product within one month of receiving the September 7, 2017, letter from the PA Election Personnel Association. a. The product reviewed was an electronic poll book, Version 3.5.0.1. b. The review began with a demonstration on October 18, 2017. C. On February 9, 2018, a Directive was issued by the Department of State to have all Pennsylvania counties convert to voter -verifiable paper ballot voting machines. 109. The ES&S EZ Roster 3.5.0.1 electronic poll book was approved for use in the Commonwealth by the Department of State on March 12, 2018. a. County Council voted to approve the purchase of 220 EZ Roster 3.5.0.1 poll books from ES&S on April 24, 2018, approximately one month after Commonwealth certification. b. Crispell participated in the process to purchase ES&S electronic poll books for the County, recommending and lobbying for the purchase of ES&S equipment. 110. Crispell's recommendations and lobbying to the County Council occurred after she received transportation, lodging, and hospitality from ES&S officials. THE FOLLOWING FINDINGS REFLECT CRISPELL°S PARTICIPATION IN THE PROCESS TO SELECT ES&S AS THE VENDOR TO SUPPLY ELECTRONIC POLL BOOKS FOR LUZERNE COUNTY. 111. During a September 14, 2017, Luzerne County Election Board S,to Election Board") meeting, Crispell informed the Election Board that she wantepurchase the electronic poll books during the 2018 calendar year. a. Additionally, Crispell advised the Election Board that an electronic poll book demonstration was scheduled for October 3, 2017, at the Woodlands Resort. 112. Election Board meeting minutes of September 14, 2017, record the following: "An electronic poll book demonstration was tentatively scheduled October 3rd 2017 at Woodlands. The Director would like to purchase the poll books in 2018." a. "Director" refers to Crispell. Crispell, Docket 1 9-007 Page 29 113. Crispell, as Elections Director, coordinated an electronic poll book demonstration event at the Woodlands Resort on October 3, 2017. a. Five vendors including Knowlnk, ElectionlQ, Votec, Robis Elections, and ES&S participated in the electronic poll book demonstration. 1. Crispell scheduled each vendor demonstration according to the following schedule: 9:00-10:15 AM- Knowlnk, Scott Lelendecker 10:30-11:45 AM- ElectionlQ, Daniel Chaplusky 12:00-2:00 PM- Lunch 12:45-2:00 PM- VOTEC, Russ Dawson 2:15-3:30 PM- Robis Elections, Jared Brady 3:45-5:00 PM- ES&S- Will Wesley b. Crispell invited various County officials and employees to attend the event. 114. At the time Crispell was organizing product demonstrations, Crispell arranged for ES&S to provide a lunch buffet. a. Ina September 19, 2017, email to ES&S Business Development Manager Willie Wesle Jr., Crispell discussed ES&S providinglunch at the October 3, 2017, even t at the Woodlands Resort as follows: "Hey Will below is the link for the lunch buffet menu at the Woodlands. If ES&S still wants to provide lunch, just let Diane know when you contact her to set up your meeting room booking. I will have a head count on Monday, September 25th, I'll let you know once I have it. Thank you!" Wesley presented the ES&S electronic poll book during the event. b. The Woodlands Resort Director of Sales, Diane Fitzgibbon, emailed Crispell on September 27, 2019, to inform her that she was waiting on ES&S to provide its credit card information to pay for the lunch buffet. C. On September 29, 2017, Fitzgibbon sent a confirmation email to Crispell confirming that ES&S paid for lunch for the event. 115. ES&S provided lunch and refreshments at the Woodlands Resort Grand Ballroom on October 3, 2017, at the request of Crispell. a. ES&S selected the Gourmet Lunch Buffet that included bacon wrapped meatioaf, chicken marsala, bowtie pasta salad, Greek salad, Italian antipasto salad, starch and vegetable du jour, coffee, tea, decaf, sodas, iced tea, and assorted slices of cakes and pies. b. There were 35 attendees at the lunch at $23.95 per person. 1. The lunch buffet totaled $838.25. G. An additional $125.00 per server fee was added to the total costs. d. In addition to providing lunch, ES&S paid $679.83 for refreshments for the morning and afternoon break at the demonstration event including taxes and gratuities. Criswell, Docket 19-007 aP ge 30 e. ES&S spent a total of $1,818.38 in food and refreshments for the event including taxes and gratuities. 116. Even though Crispell arranged for demonstrations from multiple vendors, her goal was to use her position to secure a contract for ES&S. a. Crispell informed the Luzerne County Solicitor prior to the demonstration that ES&S was her preferred vendor. b. Luzerne County Solicitor Romilda Crocamo emailed Crispell on September 25, 2017, informing her that she would not be able attend the demonstration due to a scheduled seminar on October 3, 2017. Crispell replied to Crocamo via email on September 25, 2017: "The system I'm excited about is the last on the schedule. Go do your meeting and come after!" 2. ES&S was the last scheduled presenter. 117. During an October 12, 2017, Election Board meeting, Crispell advised the Election Board that the electronic poll book demonstration event was a success. a. Additionally, Crispell informed the Election Board that she included funding in the 2018 calendar year budget for leasing electronic poll books. b. Election Board meeting minutes of October 12, 2017, record the following: "Director Crispell said the Electronic Poll book demo was a success. Five companies presented the products. In attendance were five neighboring counties, a representative of the League of Women Voters, members of the Election Board and several Luzerne County Judges of Elections. The Director let the Board know the Election Bureaus Budget Hearing is scheduled for November 14t", 2017. She informed the Board that she included funding in the budget for leasing of electronic poll books." 118. Crispell, during a November 14, 2017, budget hearing, conducted a PowerPoint presentation regarding the benefits of purchasing electronic poll books for the County before the Luzerne County Council. a. Crispell outlined the costs of the paper poll books compared to the electronic poll books. 1. Crispell's outline reflected $17,000.00 for paper poll books annually compared to an estimated $70,000.00 annually for a five-year lease agreement. b. Crispell did not recommend a specific product or company, but her budget calculations were based on cost estimates of ES&S products. 119. In December 2017, the County authorized the solicitation of Requests for Proposals (RFP's) to purchase voting machines. a. On December 26, 2017, Pedri approved Luzerne County Purchasing Director Mark Zulkoski ("Zulkoski") to send RFP's to five vendors including Robis, Electec, Knowlnk, Election IQ, and ES&S for the electronic poll books. Crispell Docket 19-007 a� geM 120. Crispell emailed Zulkoski on December 26, 2017, with her specifications for the RFP. a. Crispell's email stated: "Good Morning Gentlemen! Attached is an RFP for Electronic Poll Books. Mr. Pedri would like this to appear next week. I'd also like the minimum timeline to respond. Our hope is to have a soft roll out for the May 16 Primary, so time is of the essence! Mauro on the tech side are the necessary bases covered? Mar, should I include that we would like a soft roll out for May 16? May include percentage of precincts that would participate in the roll out? Thank you both for your feedback! Marisa" b. Crispell included in her email to Zulkoski specifications and requirements she wanted to be included in the RFP application. 121. On December 29, 2017, Zulkoski mailed the RFP apppplication to five vendors including Robis, ElectionlQ, Knowlnk, Electec, and ES&S. a. Zulkoski included a due date of January 11, 2018, for the RFP submission. b. During a January 3, 2018, Election Board meeting, Crispell informed the Election Board that the County Purchasing Office sent out RFP's to five vendors for the electronic poll books. 122. All five vendors submitted [a response to the] RFP for the electronic poll books. a. Quotes were received as follows: Company Date Amount ES&S 01/09/2018 $324,802.00 Robis Electronics 01/11/2018 $263,500.00 ElectionlQ 01/11/2018 $263,240.00 KnowINK 01 /16/2018 $268, 000.00 Electec 01/11/2018 $290,080.00 b. ES&S was the high bidder by over $61,000.00. 123. On January 14, 2018, five days after submitting [a response tot the RFP, ES&S Business Development Manager Willie Wesley emailed Crispell follow-up information critical of competitors while advocating for ES&S. a. In the response Wesley informed Crispell that KnowINK uses the Star Micronics thermal printer which does not offer battery back-up. 1. Wesley informed Crispell that KnowINK did not meet the specifications in the RFP. b. Wesley stated in the response, "No other company compares to the statewide implementations provided by ES&S. KnowlNK claims to have a sizable installation count, but many of these customers were acquired when KnowINK purchased Elections Administrators in March of 2016." C. Wesley informed Crispell that the Apple iPad electronic poll books do not provide the same level of support as electronic poll books with Microsoft. Cris ell, Docket 19-007 aFrge 32 1. The express poll book used by ES&S uses the Microsoft Windows 10 operating system. 2. KnowINK uses the Apple Pad for its electronic poll book. 124. Wesley provided information to Crispell critical of ES&S's competitors' RFP's, prior to the content of the RFP's being available publicly. a. Crispell, in her public position, had access to all bidders' RFP's. b. No other County official with access to the RFP'S provided Wesley with any information. 125. Crispell scheduled an RFP committee meeting on January 26, 2018, at the Election Bureau Office. a. The RFP committee was comprised of County employees, Election Board members, and one County Election ,fudge. b. Crispell selected the committee members. 126. During the RFP committee meeting organized by Crispell, Crispell presented a spreadsheet outlining the RFP's for each vendor, including ES&S. a. Crispell prepared the outline to present before the RFP committee. b. The actual copies of the RFP's received by Zulkoski were not provided by Crispell for other committee members to review. 127. When evaluating RFP's for any contracts, Luzerne County will routinely utilize scoring sheets. a. Scoring sheets were not used by RFP committee members or provided by Crispell when selecting a vendor for the electronic poll books. 128. After presenting each RFP, Crispell, acting as an agent for ES&S, asked the committee members, "Does everyone agree with ES&S?" a. ES&S was selected as the vendor following the presentations. b. No roll call vote was taken by the committee. 129. At no time during the RFP committee meeting did Crispell inform the members that she was a member of an ES&S Advisory Board. a. Crispell never advised the committee that she received transportation, lodging, and hospitality from ES&S to attend Advisory Board meetings in Las Vegas, Nevada, and Omaha, Nebraska. 130. On January 30, 2018, Crispell forwarded a letter to Pedri and Parsnik recommending a contract be awarded to ES&S. a. Crispell's email contained the following: "Following an in-depth discussion detailing the differences between proposals, long term goals for the department, presentation and customer support concerns, and the cost vs benefit of an electronic poll book, the review committee unanimously agreed to respectfully recommend Elections Criswell Docket 19-007 aP ge 33 Systems and Software, ExpressPoll Electronic Poll Book System, as the electronic poll book for consideration by the County Manager. It was the consensus of the review committee that ES&S provided the most comprehensive proposal and has an established customer support team. Throughout the 10+ years working with ES&S, they have continuously delivered unsurpassed support and resources to Luzerne County, aiding in our successful elections. Their steadfast support, partnered with their unrivaled election ingenuity, will continue to facilitate Luzerne County as we strengthen our election processes. ES&S has provided a proposal that includes a purchase price of $324,802, or a 5-year lease option totaling $75,413.06 annually, with a one-year hardware and software warranty for 220 Electronic Poll Books, integrated stands and cases. Due to the multiple services that Luzerne County receives from ES&S, the Annual Software License and Maintenance Support will include the voting system maintenance and support, as well as the electronic poll books, and will be negotiated at a discounted bundled rate. With forty years in the election industry and fourteen years designing and manufacturing electronic poll books, ES&S continues to serve as the world's largest and most experienced elections -only company. The election proven voter verification and check -in solution, the ExpressPoll System is the third generation of ES&S's electronic poll book. The State of Georgia implemented their initial ExpressPoll system in 2006 and continues to use those tablets today. In addition, they have also added the next generation of ExpressPoll units to their inventory and simultaneously use both generations, demonstrating the long-term support, cutting edge election development, and customer driven service ES&S provides. ES&S presented the most extensive proposal to completely fulfill the electronic poll book needs of the County. Not only did they include the cost of printer paper for the 220 printers, USB chargers, stylus with tether, and wireless routers, they also considered the limitations we may face with accessibility to power sources on Election Day. The ES&S state-of-the-art integrated stand will provide twenty hours of battery power to the ExpressPoll tablet, thermal printer, and all peripherals for the entire Election Day, enabling the system to fully function throughout the entire day and elimination the need of AC power. Our trusted working relationship with ES&S has been shaped throughout the 10+ years of dedicated election services. The vendor/customer relationship has transformed into a mutual partnership, with the sole ambition of providing the voters of Luzerne County a reassurance that their Elections are being run in true faith of the democratic process. We look forward to strengthening this partnership with ES&S, while collectively working toward continued successful elections. I thank you for your time and consideration in granting the Bureau and Election Systems & Software this opportunity to further the modernization of Luzerne County's election processes. Sincerelyy, Marisa Crispell" The content of Crispell's January 30, 2018, letter included information from ES&S's website and officials Wesley and Rogers. 131. Prior to the Luzerne County Election Board's review of the R1=P recommendations, Crispell forwarded to ES&S officials information she compiled to influence County officials to purchase ES&S products. 132. On March 8, 2018, Crispell emailed ES&S Senior Sales Engineer Kevin Kerrigan, Crispell, Docket 19 007 Page 34 ES&S Business Development Manager Will Wesley, and ES&S Regional Sales Manager Joseph Passarella documents that she "put together" to push County officials to purchase electronic poll books. a. Crispeil's email stated as follows: "Hello gents! Here are a few documents that I've put together over the last few months, pushing the purchase of EPB with my county officials. Thank you! Marisa" (Emphasis added) b. Crispell attached a "benefit of an electronic poll book" document, a recommendation letter, an agenda submittal, and a 2018 electronic poll book support document. C. Crispell did not send any similar information to any other vendor. 133. During a March 14, 2018, Election Board meeting, Crispell presented the Election Board the RFP committee's recommendation to select ES&S as the vendor to supply the electronic poll books. a. Election Board meeting minutes for March 14, 2018, record the following: "Discussion was made concerning purchase from ES&S for electronic poll books. A motion was made by Peter Ouellette to send a letter to County Council supporting the purchase, seconded by Ann Debies, all in favor. A draft letter will be prepared." b. The Election Board relied upon Crispell's presentation and recommendation when recommending ES&S to the County Council. 134. Crispell never informed the Election Board that she was a member and participated on the ES&S Advisory Board. a. Crispell failed to disclose to the Election Board that she received $2,919.92 in transportation, lodging and hospitality from ES&S at the time she was reviewing specifications and vendors and making recommendations. 135. On April 4, 2018, Election Board Chairman Honorable Lewis Wetzel drafted a recommendation letter to Luzerne County Council for the purchase of electronic poll books from ES&S. Wetzel's letter provided as follows: "During the March meeting of the Luzerne County Board of Elections and Registration, a presentation was made by Director, Marisa Crispell, regarding the benefits of electronic poll books. Following her presentation, and after discussion amongst the members of our Board, a motion was made by Election Board Member, Peter Ouellette, to send this letter on behalf of the Board supporting the �urchase of electronic poll books from ES&S. It is the unanimous position of the uzerne County Board of Elections and Registration, that the purchase of electronic poll books would be in the best interest of the voters of Luzerne County as providing a convenient, up to date and readily assessable method for poll workers to verify the correct status of individual voters. Further, electronic poll books would provide timely information to poll workers of Individual voter information concerning their appropriate polling place and the opportunity to Crispell, Docket 19-007 Page 35 present a challenge, should they desire to do so. The greatest potential benefit of the electronic poll books would be to provide the highest degree of protection for the voters of Luzerne County for each individual vote. We thank you for kind courtesy and attention in the opportunity to provide this Information and opinion to you. a. The letter sent to County Council was based on Crispell's recommendation. b. The Board would not have recommended ES&S absent Crispell's advocacy of ES&S. 136. On April 10 [2018], during a Luzerne County Council work session, Crispell presented and recommended Council approve the ES&S contract proposal for the purchase of 220 electronic poll books. a. Crispell informed Council that an RFP Committee reviewed five vendors for the electronic poll books and selected ES&S as the vendor to provide the electronic poll books for the County. b. Crispell presented the benefits of purchasing electronic poll books, including shorter wait times at polling locations for voters and less calls to the Election Bureau on Election Day. C. Crispell discussed the option to lease the poll books or to purchase the poll books outright from ES&S. d. Crispell informed Council that to purchase 220 electronic poll books from ES&S would cost approximately $324,802.00 compared to a five-year lease of the equipment for $75,413.06 paid annually. e. Crispell advised Council that she allocated $75,000.00 in the 2018 Bureau of Elections budget for the purchase of electronic poll books. 137. Also present with Crispell for the April 10, 2018, Council work session meeting were ES&S Business Development Manager Willie Wesley and ES&S Regional Sales Manager Joseph Passarella. 138. At the time she was recommending and advocating over $320,000.00 in purchases from ES&S, Crispell failed to disclose to Council her participation on the ES&S Advisory Board or her receipt of transportation, lodging, and hospitality from ES&S. 139. Prior to the April 24, 2018, Council meeting, Crispell drafted and submitted an agenda item that included a Bureau of Elections departmental recommendation. Crispell's recommendation included: "The Bureau of Elections and the Board of Elections and Registration encourage County Council to approve and authorize the County Manager to execute the attached contract in the amount of $324,802.00 to Election Systems and Software for a purchase agreement and contract for electronic poll books." 140. On April 24, 2018, Council voted (11-0)) to adopt Resolution R-2018-77 authorizing Pedri to execute a contract with ES&S for the purchase of 220 electronic poll books. a. Crispell, prior to the official vote, never disclosed her participation on the ES&S Advisory Board. b. Crispell informed the Election Board during a May 2, 2018, meeting that the Cris ]ell, Docket 19-007 aP ge 36 electronic poll book contract with ES&S was approved by Council with a unanimous vote. 141. During a May 8, 2018, meeting, Council voted (9-2) to adopt Ordinance 2018-05 that authorized an amendment to the 2018 budget that added $249,388.94 from the reserve fund to the Bureau of Elections fund for the purchase of electronic poll books from ES&S. 142. On June 4, 2018, Crispell signed the review sheet for Contract 2018-610 for the purchase of 220 electronic poll books from ES&S in the amount of $324,802.00 as contract administrator. a. The contract was the largest Luzerne County executed with ES&S. 143. The ES&S electronic poll book contract was executed by Pedri on July 16, 2018. 144. On November 3, 2018, Crispell, as Elections Director, approved invoice 1058783 for the purchase of 220 ES&S electronic poll books in the amount of $324,802.00. 145. On November 14, 2018, check number 574872 in the amount of $324,802.00 was issued to ES&S from Luzerne County. a. Pedri's signature is affixed to the check. Luzerne County uses a facsimile signature on checks issued for payment. THE FOLLOWING FINDINGS RELATE TO CRISPELL'S INVITATIONS TO PARTICIPATE ON THE ES&S ADVISORY BOARD DURING THE 2018 CALENDAR YEAR. 146. During the timeframe 2017/2018 when she was evaluating RFP's and recommending that a contract in excess of $324,000.00 be awarded to ES&S, Crispell was being solicited by ES&S to attend a 2018 Advisory Board meeting. 147. On October 10, 2017, Crispell was invited by Chastain to attend a March 1, 2018, ES&S Advisory Board meeting in Charleston, South Carolina. a. Crispell replied to Chastain on October 23, 2017: "Hi JoAnn!! I am going to respond as a Yes for now. I will be putting a bid request out for electronic poll books in December and hope to have everything finalized by the end of January. During the timeframe in which the bid is out, I will have to refrain from any board activity. I will let you know once we start that process and once it is complete. Thank you!! Have a great day!! Marisa." b. Chastain emailed Crispell on February 2, 2018, to remind Advisory Board members to book their air travel. C. Crispell informed Chastain in a February 6, 2018, email: "Hi JoAnn! I'm still waiting for my County to award the Electronic Poll Book RFP. As of today, I'm still a no go for the meeting. When is the absolute deadline to book travel?" d. On February 23, 2018, ES&S Executive Assistant Amanda Kranjc (°Kranjc") Crispell, Docket 19-007 Page 37 emailed Crispell to follow up with her regarding her status for the March 1, 2018, Advisory Board meeting. e. Crispell replied to Kranjc on February 26, 2018: "Hi Amanda Unfortunately, due to scheduling conflicts, my RFP will not be awarded in time for this meeting. I was pushing as hard as I could but couldn't push enough. Thank you for following up with me and thank Kathy for holding out until the last minute too. I truly apricate [sic] it! Hopefully I'll be able to attend the next meeting." 148. On April 10, 2018, Kranjc emailed Crispell to inform her that the next Advisory Board meeting would be held in Boston, Massachusetts, on September 13, 2018. a. Crispell replied to Kranjc on April 25, 2018: "Hi Amanda! As of right now, I will be able to attend. However, my county will be advertising a RFP for new voting s stems in the coming weeks. I am hoping to have the purchase of systems f 'stems by September. I will keep you posted on my progress! Thank you! Marisa." b. Rogers replied to Crispell in an April 25, 2018, email: "Finger crossed that we will see you there Marisa! We miss you!! Kathy" C. Crispell replied to Rogers on April 25, 2018: "I'm hoping so! Miss you all as well! It seems like it's been forever! I did get an unanimous vote for the purchase of the ExpressPolll 220 units! Woot! Woot! In the works for a while, but at least I got the ok.... and they very rarely agree on anything. We're talking 11 different opinions! Definitely a win! Marisa" d. Rogers replied to Crispell on April 25, 2018: "You are a strong leader so they know when you speak that you can be trusted!" e. On May 18, 2018, Kranjc emailed Crispell to confirm the date of the Advisory Board meeting in Boston, Massachusetts, for September 13, 2018. 149. On June 20, 2018, Rogers emaiied ES&S Advisory Board members, including Crispell, to inform them an article would be released pertaining to the Advisory Board. Rogers wrote: "Dear Advisory Board, you may know that a McClatchy reporter is writing a story about our customer advisory board. I wanted to make sure that you know that I have spoken honestly and openly with the reporter, proving him with factual information regarding the board's purpose and practices. I have not disclosed names of those on the board simply because I don't have your permission to do so. However, it appears the reporter was able to gather names from another source. As we all know, this board is conducted with the highest integrity. We also know that ultimately, the American voters benefit from the free exchange of ideas and your valuable input on voting products and services. Your insights into the Criswell, Docket 19-007 aP ge 38 voting experience in your jurisdictions are incredibly helpful for our product development process. While I don't know preciseEy what the article will ultimately say, I anticipate it will be critical and will try to imply some kind of integrity issue. A representation such as that is not only completely false, it is extremely unfortunate for the American voter, and I regret the position it may put you in. Feel free to give me a call to discuss, and let me know if there's any further information I can provide. Sincerely, Kathy." 150. McClatchy, one of the largest newspaper publishers in the United States, including a digital network, published an article on June 21, 2018, from its D.C. Bureau titled "Voting Machine Vendor Treated Election Officials to Trips to Vegas, Elsewhere." a. The article examined ES&S's practice of providing transportation, lodging, and hospitality to election officials across the United States while simultaneously marketing products to those entities. b. The article questioned whether the integrity of elected officials' actions could be [compromised] by the acceptance of such gratuities. C. Specifically, the article detailed the Advisory Board meeting in Las Veggas, Nevada, and identified the names of officials in attendance, including Crispell. d. Virginia Canter, Chief Ethics Counsel for the Citizens for Responsibility and Ethics in Washington D.C., was quoted in the article [as saying], "It's highly inappropriate for any election official to be accepting anything of value from a primary contractor. It shocks the conscience. I think it compromised their integrity.' 151. Following the release of the D.C. McClatchy Bureau article, Rogers, on June 29, 2018, emailed Advisory Board members including Crispell to inform them that the meeting in Boston, Massachusetts, had been cancelled. Rogers wrote: "Dear Advisory Board Members, Happy Friday all! Before we head into a holiday week. I want to give you a quick update on the status of our next meeting which we had on the calendar for September. A couple of you have notified us that you will be rolling off the board due to pending procurements. For those that provided that notification, this will be the last email you will receive regarding advisory board activities, but I did want to include you on this one- Just as an FYI. Between procurements and election activity, the total number of members available to attend a fall meeting is a little lower than normal. For this reason, we have decided to forgo the September meeting and pick back up in 2019. We will have a full and informative agenda for our next meeting and look forward to meeting with you as we discuss the 2018 election cycle and prepare our collective efforts to ensure secure, well -run election for the 2020 cycle. In the meantime, I hope to cross paths before then. Until then, from all of us to all of you- Happy 4th of July and Happy Election Trails! Best, Kathy." 152. There were no other Advisory Board meetings hosted by ES&S after the D.C. McClatchy Bureau article exposed the company's practices. Crispell never resigned from the ES&S Advisory Board. 153. Crispell's affiliation with ES&S became the subject of scrutiny by the Luzerne County Council in or about December 2018. Criswell, Docket 19-007 aP ge 39 a. At least two Members of Council sought an investigation into Crispell's activities. 154. Crispell eventually resigned her position as Luzerne County Elections Director effective September 6, 2019. a. Crispell began employment with the Orange County Florida, Supervisor of Elections effective October 24, 2019. b. ES&S is a vendor of the Orange County Elections Office. THE FOLLOWING FINDINGS REFLECT CRISPELL'S USE OF HER PUBLIC OFFICE IN APPROVING ADDITIONAL ES&S INVOICES AS BUREAU OF ELECTIONS DIRECTOR. 155. Crispell, as the Bureau of Elections Director, signed invoices for approval of payment for election -related services, election -related equipment, and for the maintenance of election machines. a. Crispell forwarded the invoices to the Luzerne County Purchasing Department after signing her approval. b. The Purchasing Department forwarded the invoices to Pedri for authorization of payment. 156. Crispell signed ES&S invoices for approval during and after her participation on the ES&S Advisory Board. a. The invoices Crispell signed were for election -related services including site support, ballot layout, battery maintenance, and various other contractual services. 157. Crispell participated in approving $604,251.40 of ES&S purchase orders as Elections Director while serving on the ES&S Advisory Board and after the Advisory Board ceased functioning. a. The total included Crispell's authorization of a September 17, 2018, $324,802.00 purchase order for 220 ES&S electronic poll books. 158. The below chart illustrates ES&S invoices Crispell approved as Elections Director during and after her participation on the ES&S Advisory Board. Date Invoice # Amount Payee Approved Reason 8/1/2017 1012212 $4,125.00 ES&S Yes Election Support 8/21/2017 1013590 $1,492,54 ES&S Yes NO Battery Svc 917I2017 564671 $5,617.54 ES&S Yes Site Support 9/28/2017 1019063 $35,000.00 ES&S Yes Coding Audio Layout 11/20/2017 1025138 $4,525.00 ES&S Yes Site Support 1/2/2018 1023181 $57,675.00 ES&S Yes Hardware/Software Maint. 2/2/2018 1029498 $15,000.00 ES Yes Ballot Layout, Coding 2/27/2018 1032037 $892.29 ES&S Yes IVOTR Latch Sliding Crispell, Docket 19-007 Page 40 3/28/2018 1032833 $563.18 ES&S Yes NO Battery Svc 4/30/2018 1023179 $57,675.00 ES&S Yes Hardware/Software Maint. 5/7/2018 1043005 $15,000.00 ES&S Yes Election Sery 5/31/2018 1047421 $4,125.00 ES&S Yes Site Support 9/17/2018 1058783 $324,802.00 ES&S Yes Poll Book Purchase 9/28/2017 1019063 $35,000.00 ES&S Yes Coding 11I512018 1067895 $701.99 ES&S Yes NO Battery Svc 11/7/2018 1065965 $15,000.00 ES&S Yes Ballot Layout, Coding 11/27/2018 1073945 $4,125.00 ES&S Yes Site Support 12/20/2018 1076502 $7,199.07 ES&S Yes poll Book Set UpNoter History 3/6/2019 1080791 $732.79 ES&S Yes Poll Book Paper Rolls 7/11/2019 1087285 $15,000.00 ES&S Yes Ballot Layout, Coding Total $604,251.40 a. The payment Crispell authorized to ES&S on August 1, 2017, occurred one day prior to Crispell's attendance at the August 2017 ES&S event in Omaha. Payments less than $25,000.00 did not require County Council approval. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS REGARDING STATEMENT OF FINANCIAL INTERESTS FORMS FILED BY CRISPELL FOR CALENDAR YEARS 2014 THROUGH 2O19. 159. On February 27, 2019, a Statement of Financial Interests Compliance Review was conducted at the Luzerne County Courthouse by a State Ethics Commission Investigator. a. The purpose of the Compliance Review was to review the Statement of Financial Interests ("SFI") forms that were completed and on file for all County officials/emp oyees required to file. 160. Crispell, in her public position, was required to annually file an SFI 161. The Compliance Review determined that Crispell failed to file an SFI form for the 2014 calendar year. a. Crispell received $47,725.33 from Luzerne County during the 2014 calendar year as Elections Director. 162. Crispell filed SFIs with Luzerne County which included the following disclosures: a. Calendar Year: 2015 Dated: 4/8/2016 on form SEC-1 REV. 01116 Position: Director of Elections Governmental Entity: Luzerne County Occupation: Director of Elections Creditors: None Direct/indirect Sources of Income: Luzerne County and CCL Industries Transportation, Lodgin , Hospitality: None Other Financial Interes�s: None Crispell, Docket 19-007 Page 41 Calendar Year: 2016 Dated: 4/27/2017 on form SEC-1 REV. 01117 Position: Director of Elections Governmental Entity: Luzerne County Occupation: Director of Elections Creditors: Nissan Auto Interest Rate: No response Direct/Indirect Sources of Income: Luzerne County, Young Living Essential Oils Transportation, Lodgin , Hospitality: None Other Financial Interes�s: None C. Calendar Year: 2017 Dated: 4/18/2018 on form A SEC-1 REV. 01118 Position: Director of Elections Governmental Entity: Luzerne County Occupation: Director of Elections Creditors: Nissan Auto Interest Rate: No response Direct/Indirect Sources of Income: Young Living Essential Oils Transportation, Lodging, Hospitality: None Other Financial Interests: None d. Calendar Year: 2017 `(Amended) Dated: 12/11/2018 on form A SEC-1 REV. 01118 Position: Director of Elections Governmental Entity: Luzerne County Occupation: Director of Elections Creditors: Nissan Ken Pollock, LLC Interest Rate: 7.22% Direct/Indirect Sources of Income: Luzerne County, Young Living Essential Oils Transportation, Lodgin , Hospitality: ES&S Value: $2,492.76 Other Financial Interes�s: None Calendar Year: 2018 Dated: 4/22/2019 on form A SEC-1 REV. 01118 Position: Director of Elections Governmental Entity: Luzerne County Occupation: Director of Elections Creditors: Nissan Ken Pollock, LLC Interest Rate: 7.22% American Education Services 3.38% Direct/Indirect Sources of Income: Luzerne County, Young Living Essential Oils Gifts: None Transportation, Lodging, Hospitality: None Other Financial Interests: None 163. On [Crispell's SFI for calendar year 2017 1 filed Icy Crispell on April 18, 2018, Crispell failed to disclose transportation, lodging, and hospitality she received in 2017 from ES&S. Crispell received at least $2,900.00 in transportation, lodging and hospitality from ES&S for her attendance at ES&S Advisory Board meetings in 2017. Crispell also received hospitality in 2017 when ES&S provided a lunch buffet at her request for an RFP evaluation meeting. 164. In December 2018, local Luzerne County media began reporting on Crispell's participation on the ES&S Advisory Board and her receipt of transportation, Crispell, Docket 19-007 age 2 lodging, and hospitality from a County vendor. 165. Crispell contacted Butera regarding filing an amended SFI a. Butera advised Crispell to amend her 2017 SFI filing to include the transportation, lodging, and hospitality she received from ES&S. 166. On December 11, 2018, Crispell filed an amended SFI and reported that she received $2,492.76. a. Records confirmed that Crispell received $2,919.12 in transportation, lodging, and hospitality from ES&S for her participation on the Advisory Board. b. Crispell never disclosed the receipt of the hospitality from ES&S in the form of the Iunch buffet. 167. On December 11, 2018, Crispell attached the following letter addressed to the Luzerne County Managers Office to her 2017 amended SFI filing. a. "Attached is an amended Statement of Financial Interest for calendar year 2017. In 2017, 1 was a member of a national advisory board for ES&S, a vendor of the county, to provide customer feedback, along with a number of election officials from throughout the country. Prior to accepting the position on the board and traveling to meetings, I received prior approval and confirmation that there was no conflict of interest from my Division Head, David Parsnik, and Election Board Solicitor, Michael Butera. While a member of the board, I received no direct payment and no income from the vendor. The two meetings that 1 attended, all expenses were paid for by the vendor. After consulting the Election Board solicitor regarding the filing of my statement of financial interest, he did not feel that my travel while serving in my official capacity as the Election Director of Luzerne County on the advisory board, would qualify for reporting. Due to recent events associated to my past activity on the advisory board and after seeking separate counsel, out of an abundance of caution, please accept. this amended Statement of Financial Interest for 2017 and attach to my original filing." 168. Marisa Crispell, while serving as the Luzerne County Elections Director, received a private pecuniary benefit when she accepted transportation, lodging, and hospitality from ES&S while using her public position to advocate, recommend, and approve purchases from ES&S. a. Crispell acted as an agent for ES&S when, in her public position, she arranged a letter to be sent to the Department of State expediting the approval process of ES&S electronic polling equipment. b. Crispell recommended and advocated purchases be made and contracts be awarded to ES&S by Luzerne County. Crispell's advocacy before the County Elections Bureau and the County Council on behalf of ES&S occurred while she was accepting gratuities from ES&S in the form of travel, hospitality, and lodging. Ill. DISCUSSION: As the Director of Elections for Luzerne Count ("County' , Pennsylvania, from December 10, 2012, until March 6, 2015, and from September 18, 015, until September 6, 2019, Respondent Marisa Crispell (also referred to herein as "Respondent," Crispell, Docket 19-007 Page 43 "Respondent Crispell," and "Crispell") was a public official/ lublic employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act`), 65 Pa.C.S. § 1101 et sue. The allegations are that Crispell violated Sections 1103(a), 1104(a), 11 05(a), and 1105(b)(7) of the Ethics Act, 65 Pa.C.S. §§ 1103(a), 1104(a), 1105(a), and 1105( )(7): When she participated in discussions and evaluations as part of a Request for Proposals ("RFP') process regarding the purchase of electronic poll books, including making recommendations to the County Council to enter into a purchase contract with Election Systems & Software (".ES&S"), at a time when she was serving on an ES&S Advisory Board and receiving transportation, lodging and/or hospitality from ES&S; When as the Director of Elections, she failed to file a calendar year 2014 Statement of Financial Interests ("SF1") with Luzerne County; and • When she attempted to conceal her relationship with ES&S by filing a deficient calendar year 2017 SFI, which failed to disclose her receipt of transportation, lodging and/or hospitality in excess of $650.00 from ES&S. Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. —No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee 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 de ree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or "conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is prohibited from using the authority of public office/employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official/public employee himself, any member of his immediate family, or a business with which he or a member of his Crispell. Docket 19-007 -agee 4'-4 immediate family is associated. Section 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 11 05a) of the Ethics Act provides that the SFI shall be filed on the form prescribed by this Commission; that all information requested on the form shall be provided to the best of the knowledge, information and belief of the filer; and that the form shall be signed under oath or equivalent affirmation. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Subject to certain statutory exceptions, Section 1105(b)(7) of the Ethics Act requires the filer to disclose on the SFI the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where such actual expenses exceed $650 in an aggregate amount per year. 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 County operates under a Home Rule Charter and is governed by an eleven -- Member Council and County Manager. The County has its own Accountability, Conduct, and Ethics ("ACE") Code which requires County employees to be familiar with the Ethics Act. The ACE Code further provides, inter alia, that County employees may not accept gifts, benefits, or considerations from "[a�person or business having or seeking a financial relationship with the County." Fact Finding 7 g. Crispell served as the Director of the County Bureau of Elections from December 10, 2012, until March 6, 2015, and from September 18, 2015, until September 6, 2019. As the County Elections Director, Crispell's job duties included, inter alia: (1) planning, directing and controlling the preparation and conducting of elections; (L2Tmonitoring and implementing current election trends/technology; (3) preparing and presenting the departmental budget and overseeing expenditures; and (4) preparing bid specifications for election services and equipment. Re; The CountVs 2018 purchase of ES&S electronic poY books: As early as 2016, Crispell sought to have the County purchase electronic poll books. ES&S had done business with the County in the past, and on March 18, 2016, Crispell contacted ES&S Business Development Manager Willie Wesley ("Wesley") regarding purchasing electronic poll books. In 2016 Crispell took the following actions in furtherance of having the County purchase electronic poll books: • Organized a demonstration of ES&S products, including the ES&S electronic poll book, and invited County personnel and other Pennsylvania county election directors to attend; • Informed the County Board of Elections ("Election Board") regarding the functionality of the ES&S electronic poll book; • Informed her supervisor, County Director of Administrative Services David Parsnik ("Parsnik"), that she would seek approval from the Election Board and County Crispell, Docket 19-007 aP ge 4,5 Council for the implementation of electronic poll books for the County during the 2017 calendar year and provided Parsnik with ES&S pricing information; • Sent a group email to the Pennsylvania Election Directors Association advising that she would be requesting the purchase of electronic poll books in 2017 and was seeking information from other counties on their use of equipment sold by ES&S; and • In an election --related meeting with Parsnik, County Manager David Pedri ("Pedri"), and other County officials, suggested purchasing electronic poll books to shorten voter wait time and better assist voters in locating their correct polling locations. On January 17, 2017, Crispell informed Parsnik that she would be meeting with ES&S and inquired whether there would be money for purchasing electronic poll books. Crispell's aforesaid actions in 2016 and Januarryy 2017 occurred prior to her receiving transportation, lodging, and hospitality from ES&S. During 2017, ES&S provided Crispell with two all -expense -paid trips to Las Vegas, Nevada, and Omaha, Nebraska, to attend meetings of an ES&S advisory board ("Advisory Board"). The primary purpose of the Advisory Board meetings Crispell attended was to market ES&S products to election officials. Fact Finding 81 a. On or about February 15, 2017, Crispell received and accepted an invitation from ES&S representatives Kathy Rogers ("Rogers"), Senior Vice President of Government Relations for ES&S, and ES&S Senior Administrative Assistant Joan Chastain ("Chastain") to attend the Las Vegas, Nevada, ES&S Advisory Board meeting, which was to be held from March 1-3, 2017. At the time Crispell accepted this invitation to receive travel/lodging hospitality from ES&S, she was advocating to the County to lease/purchase electronic poll books from ES&S. Crispell has asserted that prior to accepting the invitation to attend the Las Vegas Advisory Board meeting, she informed Parsnik and also sought legal counsel from County Election Board Solicitor Michael Butera ("Butera"). Crispell has asserted that on February 15, 2017, she informed Butera that ES&S would be paying for her transportation, lodging, and meals for her attendance at the Las Vegas Advisory Board meeting, and Butera informed her that, in his opinion, it was lawful for her to participate on the Advisory Board and that her participation would not be considered a conflict of interest. Butera informed Commission investigator(s) that he did not refer to the Ethics Act when he provided legal advice to Crispell. Butera provided Crispell no advice or guidance pertaining to her subsequent need to disclose her receipt of transportation, lodging, or hospitality from ES&S on her SFI form. Parsnik advised Commission investigators that he never followed up with Crispell regarding the legal advice that Butera provided to her. Parsnik claimed that Crispell never informed him that she would be traveling to Las Vegas, Nevada, or to Omaha, Nebraska, to attend Advisory Board meetings. Parsnik confirmed that there were no emails or documentation in the possession of the County from Crispell officially requesting to participate on the Advisory Board. Parsnik had no formal meeting with Crispell regarding her participation on the Advisory Board. On or around February 15, 2017, Crispell informed Pedri that she was invited to participate on the Advisory Board, but Crispell never formally requested to participate on the Advisory Board. Crispell never disclosed to Pedri that she would be attendrng Advisory Board meetings in Las Vegas, Nevada, and/or Omaha, Nebraska. Crispe(1 never disclosed to Pedri that she would be receiving travel, hospitality and/or lodging from Cris�, Docket 19-007 aP-ge 46 ES&S when she attended Advisory Board meetings in Las Vegas, Nevada, and/or Omaha, Nebraska. On February 28, 2017, Crispell expressed to another county's election director Crispell's interest in purchasing the new ES&S poll book that was up for "certification" by the Pennsylvania Department of State (also referred to herein as "PA Department of State," "Department of State," and "DOS"). Before election voting machines and equipment can be utilized by any of Pennsylvania's 67 counties, the equipment must be certified by the Department of State to confirm that the voting machines meet statutory requirements. Crispell traveled to Las Vegas, Nevada, on March 1, 2017, attended the ES&S Advisory Board meeting on March 2, 2017, and returned to Pennsylvania on March 3, 2017. Between March 1, 2017, and March 3, 2017, Crispell did not utilize any vacation and/or other authorized leave from the County to attend the March 1-3, 2017, Advisory Board meeting. Crispell was paid $568.56 by the County for the time she did not use leave to attend the March 1-3, 2017, Advisory Board meeting in Las Vegas, Nevada. ES&S paid a total of $1,559.49 for Crispell's transportation, lodging, and hospitality for her attendance at the March 2017 Advisory Board meeting in Las Vegas, Nevada, calculated as the sum of the following: (1) air travel, $349.88, (2) lodging, $694.28; (3) meals, $381.00; and (4) entertainment, $1 4.33. During 2017, ES&S voting machines were not being certified by the Department of State as timely as ES&S desired. As noted above, without Department of State certification, equipment cannot be used. Rogers discussed the Commonwealth's certification process with Crispell from at least March of 2017. While at the March 2017 ES&S Advisory Board meeting, Crispell was directed to make "inquiries of timely certification standards of the PA Department of State and to pursue election code reform.' Fact Finding 86 b. When Crispell emailed Rogers on March 6, 2017, to thank her for the trip to Las Vegas, Crispell's email included: "The knowledge that I gained will be instrumental as I make inquines of the timely equipment certification standards of the Department of State, as well as pursuing election code reform alongside PA County Election Directors .... I look forward to the possibility of working with you and the Board again in the future." Fact Finding 53. On March 8, 2017, Rogers emailed Crispell and formally invited Crispell to participate on the ES&S Advisory Board. In a March 8, 2017, email, Crispell accepted Roger s formal invitation to serve on the Advisory Board. In 2017, while receiving free trips from ES&S and participating in ES&S events, Crispell coordinated with Rogers to advance the use of ES&S products. On May 8, 2017, Crispell emailed Rogers to inform her of a personnel change at the Department of State and stated that maybe certification would `go smoother." Fact Finding 90. Rogers replied to Crispell's email on May 11, 2017, informing Crispell of a plan she had regarding future certification plans in Pennsylvania that she would like to discuss with Crispell. Rogers' email stated: "In fact, we can even discuss in August if you are coming to Omaha?" Fact Finding 91. Crispell responded to Rogers on May 11, 2017: "I will be in Omaha in August! ...I will be happy to chat about future certification plans in PA! Can't waitl!" Fact Finding 91 a. At the time Rogers was soliciting input on certifications of ES&S voting equipment, Crispell was accepting transportation, lodging, and hospitality from Rogers/ES&S. Meanwhile, also on May 11, 2017--shortly after traveling to Las Vegas at the expense of ES&S--Crispell obtained a quote/estimate from ES&S/Wesley for the purchase of ES&S electronic poll books. Crispell, Docket 19-407 Page 47 In July 2017, Crispell and Rogers again exchanged emails regarding influencing the Department of State to expedite ES&S voting equipment certifications. In a July 18, 2017, email to Rogers, Crispell informed Rogers that she would be attending a Pennsylvania Election Directors Conference two weeks following the ES&S Advisory Board meeting in Omaha, Nebraska, and it would provide her the opportunity to discuss issues and concerns of ES&S and to promote ES&S to other county election directors. Rogers responded by email that same day, stating: "I do have an idea that has been germinating for a while regarding assuring that this moves along much faster than in the past which I want to discuss with you in Omaha." Fact Finding 95. On July 18, 2017, Crispell emailed Chastain to confirm that she would attend the August 2017 Advisory Board meeting in Omaha, Nebraska, and booked her air transportation for the meeting. Crispell traveled to Omaha, Nebraska, on August 2, 2017, attended the Advisory Board meeting on August 3, 2017, and returned to Pennsylvania on August 4, 2017. The Advisory Board meeting included the marketing of EMS products. Between August 2, 2017, and August 4, 2017, Crispell did not utilize any vacation and/or other authorized leave from the County to attend the Advisory Board meeting in Omaha, Nebraska. Crispell was paid $568.56 by the County for the time she did not use leave to attend the August 2-4, 2017, Advisory Board meeting in Omaha, Nebraska. ES&S paid a total of $1,360.43 for Crispell's transportation, lodging, and hospitality for her attendance at the August 2017 Advisory Board meeting in Omaha, Nebraska, calculated as the sum of the following: (1) air travel, $814.26; (2) lodging, $281.24, and (3) meals, $264.93. The combined amounts Crispell received in 2017 with regard to the aforesaid two Advisory Board meetings were: (1) a total of $1,137.12 from the County, when she did not use leave to attend the meetings; and (2) a total of $2,919.92 in transportation, lodging and hospitality paid for by ES&S. During the Pennsylvania County Election Officials Conference held August 21-24, 2017, Crispeil spoke with Eastern Pennsylvania Election Personnel Association Chairman Timothy Benyo ("Benyo") and Western Pennsylvania Election Personnel Association Chairman Edward Allison ("Allison") to solicit their support to submit a letter to the Secretary of State to voice their displeasure over the lack of timeliness in certifying election equipment. This solicitation was done by Crispell in her public position to advance the interests of ES&S. On September 5, 2017, Crispell emailed Allison and Benyo soliciting their support for the letter to be sent to the Department of State. Allison agreed to prepare a draft letter, and on September 7, 2017, Allison emailed a draft letter to Crispell and Benyo. Crispell replied to Allison in a September 7, 2017, email stating, in part: "Now, correct me if I'm wrong....1 think it would be To that end we ask, on behalf of all election offices, Not positive, just how I would read it aloud." Fact Finding 100 a. Crispell's comments to Allison were intended to give the impression that all 67 county election officers of the Commonwealth were supportive of expedited certifications, when in fact, Crispell was the only county election officer seeking expedited certifications and was acting on behalf of ES&S. Crispell never informed Benyo or Allison that she was serving as a member of the Advisory Board or that she accepted travel, lodging and hospitality from ES&S. Crispell never informed Benyo or Allison that she was directed and/or instructed by Rogers to contact Benyo and Allison and to use the authority of her (Crispell's) public position to influence the Department of State for the benefit of ES&S. The letter mailed to the Department of State on September 10, 2017, is set forth at Fact Finding 101. The letter provided, in part, that "Election Personnel across the Commonwealth" were still concerned about the availability of certified systems to evaluate. The letter asked "on behalf of all election offices, that the Departments efforts Crispell, Docket 19-007 aP ge 48 be redoubled...." Fact Finding 101. Crispell followed up to ensure that the letter had been sent to the Department of State, forwarded a copy of the letter to Rogers, and reassured Rogers that the letter had been sent to the Department of State. The letter from the Pennsylvania Election Personnel Association influenced the Department of State to expedite the certification process of the electronic election equipment and carried considerably more influence with the Department of State to expedite the certification process than a request from a single election director. Within one month of receiving the September 7, 2017, letter from the Pennsylvania Election Personnel Association, the Department of State began reviewing the ES&S electronic poll book, version 3.5.0.1. During a September 14, 2017, Election Board meeting, Crispell informed the Election Board that she wanted to purchase the electronic poll books during 2018 and that an electronic poll book demonstration was scheduled for October 3, 2017. As Elections Director, Crispell coordinated the electronic poll book demonstration held October 3, 2017. Five vendors, including ES&S, participated in the electronic poll book demonstration. Even though Crispell arranged for demonstrations from multiple vendors, her goal was to use her position to secure a contract for ES&S. Crispell invited various County officials and employees to attend the event. Crispell informed the County Solicitor prior to the demonstration that ES&S was her preferred vendor. At the request of Crispell, ES&S provided lunch and refreshments for the October 3, 2017, electronic poll book demonstration at a total cost of $1,818.38. One week later, on October 10, 2017, Crispell was invited by Chastain to attend a March 1, 2018, Advisory Board meeting in Charleston, South Carolina. Crispell replied to Chastain on October 23, 2017: "I am going to respond as a Yes for now. I will be putting a bid request out for electronic poll books in December and hope to have everything finalized by the end of January. During the timeframe in which the bid is out, I will have to refrain from any board activity. I will let you know once we start that process and once it is complete. Fact Finding 147 a. During an October 12, 2017, Election Board meeting, Crispell advised the Election Board that the electronic poll book demonstration event was a success and that she included funding in the 2018 calendar year budget for leasing electronic poll books. During a November 14, 2017, budget hearing, Crispell provided a presentation to County Council regarding the benefits of purchasing electronic poll books. Crispell did not recommend a specific product or company, but her budget calculations were based on cost estimates of ES&S products. In December 2017 the County authorized the issuance of RFP's for the purchase of voting machines. On December 26, 2017, Pedri approved County Purchasing Director Mark Zulkoski ("Zulkoski") to send RFP's to five vendors including ES&S for electronic poll books. Crispell emailed Zulkoski on December 26, 2017, with the specifications and requirements she wanted to be included in the RFP and requested the minimum timeline for responses, stating, "Our hope is to have a soft roll out for the May 16 Primary, so time is of the essence!" Fact Finding 120 a. On December 29, 2017, Zulkoski mailed the RFP application to five vendors including ES&S. Zulkoski included a due date of January 11, 2018, for the RFP submission. All five vendors submitted a response to the RFP for electronic poll books. Crispell, Docket 19-007 aP ge 49 ES&S's quote was $324,802.00, which was higher than all other quotes, with the next highest quote being $290,080.00. On January 14, 2018--before the content of the proposals became publicly available --Wesley provided information to Crispell that was critical of ES&S's competitors, including a comment that one of the competitors did not meet the specifications in the RFP. Crispell, in her public position, had access to all bidders' proposals. No other County official with access to the proposals provided Wesley with any information. Crispell scheduled and organized an RFP committee meeting held January 26, 2018. Crispell selected the committee members. During the meeting, Crispell presented a spreadsheet outlining the proposals of each vendor, including ES&S. Crispell did not provide copies of the actual vendors' proposals to other committee members to review. Although the County routinely uses scoring sheets when evaluating RFP's for any contracts, Crispell did not provide scoring sheets to the RFP committee members, and scoring sheets were not used by the RFP committee members when selecting a vendor for the electronic poll books. After presenting each proposal, Crispell, acting as an agent for ES&S, asked the committee members, Does everyone agree with ES&S?" ES&S was selected as the vendor following the presentations. No roll call vote was taken by the committee. At no time during the RFP committee meeting did Crispell inform the members that she was a member of the Advisory Board. Crispell never advised the committee that she received transportation, lodging, and hospitality from ES&S to attend Advisory Board meetings in Las Vegas, Nevada, and Omaha, Nebraska. On January 30, 2018, Crispell forwarded a letter to Pedri and Parsnik recommending that a contract be awarded to ES&S. The letter included information obtained from the ES&S website and Wesley and Rogers. In February 2018 Crispell received emails from Chastain and ES&S Executive Assistant Amanda Kranjc ("Kranjc") regarding arrangements for the March 1, 2018, Advisory Board meeting. On February 26, 2018, Crispell responded to Kranjc: Unfortunately, due to scheduling conflicts, my RFP will not be awarded in time for this meeting. I was pushing as hard as I could but couldn't push enough. Thank you for following up with me and thank Kathy for holding out until the last minute too.... Hopefully I'll be able to attend the next meeting. Fact Finding 147 e. On March 8, 2018--prior to the Election Board's review of the RFP recommendations--Crispell forwarded to Wesley, ES&S Senior Sales Engineer Kevin Kerrigan, and ES&S Regional Sales Manager Joseph Passarella documents she compiled to influence County officials to purchase ES&S electronic poll books. On March 12, 2018, the ES&S EZ Roster 3.5.0.1 electronic poll book was approved for use in the Commonwealth by the Department of State. Two days later, during a March 14, 2018, Election Board meeting, Crispell presented the RFP committee s recommendation to select ES&S as the vendor to supply the electronic poll books. Based on Crispell's recommendation, the Election Board sent to County Council the Election Board's recommendation for the purchase of electronic Doll books from ES&S. The Election Board would not have recommended ES&S absent Crispell's advocacy of ES&S. Crispell never informed the Election Board that she was a member and participated on the ES&S Advisory Board. Crispell failed to disclose to the Election Board that she received $2,919.92 in transportation, lodging, and hospitality from ES&S at the time she was reviewing specifications and vendors and making recommendations. Crispell, Docket 19-007 Page 50 On April 10, 2018, during a County Council work session, Crispell presented and recommended Council approve the ES&S contract proposal for the purchase of 220 electronic poll books. Crispell informed Council that to purchase 220 electronic poll books from ES&S would cost approximately $324,802.00 compared to a five-year lease of the eqquipment for $75,413.06 paid annually. Crispell advised Council that she allocated $75,000.00 in the 2018 Bureau of Elections budget for the purchase of electronic poll books. Wesley and Passarella were present with Crispell for the April 10, 2018, Council work session meeting. At the time she was recommending and advocating over $320,000.00 in purchases from ES&S, Crispell failed to disclose to County Council her participation on the Advisory Board or her receipt of transportation, lodging, and hospitality from ES&S. On April 10, 2018--the same day as the aforesaid County Council work session-- Crispell received an email from Kranjc informing her that the next Advisory Board meeting would be held in Boston, Massachusetts, on September 13, 2018. Prior to the April 24, 2018, County Council meeting, Crispell drafted and submitted an agenda item seeking the approval of a contract in the amount of $324,802.00 for the purchase of electronic poll books from ES&S. On April 24, 2018, County Council voted 11-0 to adopt a Resolution authorizing Pedri to execute a contract with ES&S for the purchase of 220 EZ Roster 3.5.0.1 electronic poll books from ES&S. Crispell's recommendations to the County Council for the purchase of ES&S electronic poll books occurred after she received transportation, lodging, and hospitality from ES&S officials. Prior to the official vote, Crispell never disclosed her participation on the Advisory Board. On April 25, 2018--the day after County Council's approval of the purchase of ES&S electronic poll books--Crispell replied to Kranjc's April 10, 2018, email regarding the Advisory Board meeting that was to be held in Boston, Massachusetts: As of right now, I will be able to attend. However, my county will be advertising a RFP for new voting systems in the coming weeks. I am hoping to have the purchase of systems finalized by September. I will keep you posted on my progress! Thank you! Marisa." Fact Finding 148 a. Rogers replied to Crispell in an April 25, 2018, email: "Finger crossed that we will see you there Marisa! We miss you!! Kathy" Fact Finding 148 b. Crispell replied to Rogers on April 25, 2018: "I'm hoping so! Miss you all as well! It seems like it's been forever! I did get an unanimous vote for the purchase of the ExpressPoll! 220 units! Woot! Woot! In the works for a while, but at least I got the ok.... and they very rarely agree on anything. We're talking 11 different opinions. Definitely a win! Marisa" Fact Finding 148 c. Rogers replied to Crispell on April 25, 2018: "You are a strong leader so they know when you speak that you can be trusted!" Fact Finding 148 d. Crispell informed the Election Board during a May 2, 2018, meeting that the electronic poll book contract with ES&S was approved by Council with a unanimous vote. Crispell, Docket 19-007 Page 51 On May 8, 2018, County Council acted to amend the 2018 budget to reallocate funds for the purchase of electronic poll books from ES&S. On May 18, 2018, Kranjc emailed Crispell to confirm the date of the Advisory Board meeting in Boston, Massachusetts, for September 13, 2018. On June 4, 2018, Crispell signed the review sheet for Contract 2018-610 for the purchase of 220 electronic poll books from ES&S in the amount of $324,802.00 as contract administrator. The contract was the largest the County executed with ES&S. On June 20, 2018, Rogers emailed Advisory Board members, including Crispell, to inform them that an article pertaining to the Advisory Board was going to be released by a reporter. The article was published on June 21, 2018. The article, titled "Voting Machine Vendor Treated Election Officials to Trips to Vegas, Elsewhere," examined ES&S's practice of providing. transportation, lodging, and hospitality to election officials across the United States while simultaneously marketing products to those entities. The article questioned whether the integrity of elected officials' actions could be compromised by the acceptance of such gratuities. The article detailed the Advisory Board meeting in Las Vegas, Nevada, and identified the names of officials in attendance, including Crispell. ES&S cancelled the Advisory Board meeting that was to be held in Boston. There were no other Advisory Board meetings hosted by ES&S after the aforesaid article exposed the company's practices. The ES&S electronic poll book contract was executed by Pedri on July 16, 2018. On November 3, 2018, Crispell, as Elections Director, approved invoice 1058783 for the purchase of 220 ES&S electronic poll books in the amount of $324,802.00. On November 14, 2018, the County issued check number 574872 in the amount of $324,802.00 to ES&S. The parties have stipulated that Crispell, while serving as the County Elections Director, received a private pecuniary benefit when she accepted transportation, lodging, and hospitality from ES&S while using her public position to advocate, recommend, and approve purchases from ES&S. Crispell acted as an agent for ES&S when, in her public position, she arranged for a letter to be sent to the Department of State expediting the approval process of ES&S electronic polling equipment. Crispell recommended and advocated purchases be made and contracts be awarded to ES&S by the County. Crispell's advocacy before the County Elections Bureau and County Council on behalf of ES&S occurred while she was accepting gratuities from ES&S in the form of travel, hospitality, and lodging. Re: Crispell's use of her public position in approving additional ES&S invoices: As the County Elections Director, Crispell signed invoices for approval of payment for election -related services and equipment and for the maintenance of election machines. After signing her approval, Crispell forwarded the invoices to the County Purchasing Department, which then forwarded the invoices to Pedri for authorization of payment. Payments less than $25,000.00 did not require County Council approval. As detailed in Fact Finding 158, Crispell participated in approving $604,251.40 of ES&S purchase orders as Elections Director while serving on the Advisory Board and after the Advisory Board ceased functioning. The total included Crispell's authorization of the 2018 purchase order for 220 ES&S electronic poll books totaling $324,802.00. Re: The conclusion of Crispell's employment with the_County: Crispell never resigned from the Advisory Board. Crispell's affiliation with ES&S became the subject of scrutiny by the County Council in or about December 2018. Cr[sell, Docket 19-007 aP ge 52 Crispell eventually resigned her position as County Elections Director effective September 6, 2019. Crispell began employment with the Orange County, Florida, Supervisor of Elections effective October 24, 2019. ES&S is a vendor of the Orange County Elections Office. Re: Crispell's SFIs: As County Elections Director, Crispell was required to annually file an SFI. An SFI Compliance Review conducted on February 27, 2019, determined that Crispell failed to file an SFI for the 2014 calendar year and failed to disclose transportation, lodging, and hospitality she received from ES&S on her SFI for calendar year 2017 filed April 18, 2018. In December 2018 media began reporting on Crispell's participation on the Advisory Board and her receipt of transportation, lodging, and hospitality from a County vendor. On December 11, 2018, Crispell filed an amended SF1 on which she reported that she received $2,492.76. However, Crispell received $2,919.12 in transportation, lodging, and hospitality from ES&S for her participation on the Advisory Board. Crispell never disclosed the receipt of hospitality from ES&S in the form of a lunch buffet that Crispell requested. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Crispell's participation in discussions and evaluations as part of a Request for Proposal process regarding the purchase of electronic po(i books, including making recommendations to the Luzerne County Council to enter into a purchase contract with ES&S at a time when she was serving on an ES&S Advisory Board and receiving transportation, lodging and/or hospitality from ES&S when she traveled to Advisory Board meetings and accompanying events and when she received payments from Luzerne County while she was traveling to Advisory Board meetings and events. That a violation of Section 1104(a) and 1105(b)(7) of the Public Official and Employee Ethics Act, 65 Pa.C.S. 8rispell 1104(a) and § 1105(b)(7), occurred when failed to file annual Statements of Financial Interests for calendar year 2014; when she failed to list the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with her position as Director of Elections when such expenses exceeded $650.00. Crispell, Docket 19-007 aP ge 53 Crispell agrees to make payment in the amount of $4,000.00 in settlement of this matter. a. Crispell agrees to make a payment(s) of $3,500.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission. Crispell shall pay $100 per month for a total of 35 months. Crispell shall make the first payment within 30 days after of the issuance of the final adjudication in this matter. Crispell agrees to make a payment(s) of $500.00, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, which shall be made payable to the Pennsylvania State Ethics Commission. Crispell shall pay $50 per month for a total of 10 months. Crispell shall make the first payment within 30 days after of the issuance of the final adjudication in this matter. In the event she has not already done so, Crispell agrees to file complete and accurate and amended Statements of Financial Interests with Luzerne County, through the Pennsylvania State Ethics Commission, for calendar years 2014 and 2017 within thirty (30) days of the issuance of the final adjudication in this matter. Crispell agrees to not accept any reimbursement, compensation or other payment from Luzerne County representing a full or partial reimbursement of the amount paid in settlement of this matter. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Crispell's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1-3. We accept the parties' recommendation for a finding that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Crispell's participation in discussions and evaluations as part of an RFP process regarding the purchase of electronic poll books, including making recommendations to the County Council to enter into a purchase contract with ES&S at a time when she was serving on the Advisory Board and receiving transportation, lodging and/or hospitality from ES&S when she traveled to Advisory Board meetings and accompanying events and when she received payments from the County while she was traveling to Advisory Board meetings and events. C__risVeel_l, Docket 19-007 aP ge 54 Crispell's relationship with ES&S led to her advancing its business interests, both with respect to the County's purchase of electronic poll books from ES&S and with regard to getting ES&S products certified more quickly by the Department of State. Crispell repeatedly used her public position to secure a County contract for ES&S. Crispell advocated that the County purchase electronic poll books from ES&S at a cost of $324,802.00 when the ES&S quote was the highest of all quotes received and was more than $34,000.00 higher than the next highest quote received. Crispell benefitted from her relationship with ES&S by traveling on County time and at the expense of ES&S to Las Vegas, Nevada, and Omaha, Nebraska, for Advisory Board meetings that were, in reality, marketing opportunities for ES&S. The parties have stipulated that Crispell, while serving as the County Elections Director, received a private pecuniary benefit when she accepted transportation, lodging, and hospitality from ES&S while using her public position to advocate, recommend, and approve purchases from ES&S. Crispell acted as an agent for ES&S when, in her public position, she arranged for a letter to be sent to the Department of State expediting the approval process of ES&S electronic polling equipment. Crispell recommended and advocated purchases be made and contracts be awarded to ES&S by the County. Crispell's advocacy before the County Elections Bureau and County Council on behalf of ES&S occurred while she was accepting gratuities from ES&S in the form of travel, hospitality, and lodging. The combined amounts Crispell received in 2017 with regard to the Las Vegas, Nevada, and Omaha, Nebraska, Advisory Board meetings were: (1) a total of $1,137.12 from the County, when she did not use leave to attend the meetinggs; and (2) a total of $2,919.92 in transportation, lodging and hospitality paid for by ES&S. We hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Crispell's participation in discussions and evaluations as part of an RFP process regarding the purchase of electronic poll books, including making recommendations to the County Council to enter into a purchase contract with ES&S at a time when she was serving on the Advisory Board and receiving transportation, lodging and/or hospitality from ES&S when she traveled to Advisory Board meetings and accompanying events and when she received payments from the County while she was traveling to Advisory Board meetings and events. We agree with the parties and we hold that a violation of Section 1104(a) and Section 1105(b)(7) of the Ethics Act, 65 Pa.C.S. §§ 1104(a) and 1105(b)(7), occurred when Crispell failed to file an SH for calendar year 2014 and when she failed to list the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with her position as Director of Elections when such expenses exceeded $650.00. As part of the Consent Agreement, Crisp ell has agreed to make payment(s) of $3,500.00 payable to the Commonwealth ofPennsylvania and forwarded to this Commission. Specifically, Crispell has agreed to pay $100 per month for a total of 35 months and to make the first payment within 30 days after the issuance of the final adjudication in this matter. Crispell has further agreed to make additional payment(s) totaling $500.00, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, which are to be made payable to the Pennsylvania State Ethics Commission, Specifically, Crispell has agreed to pay $50 per month for a total of 10 months and to make the first payment within 30 days after the issuance of the final adjudication in this matter. C_ rispell, Docket 19-007 aP ge 55 Crispell has agreed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent she has not already done so, Crispell has agreed to file complete and accurate and amended SFIs with the County, through this Commission, for calendar years 2014 and 2017 within thirty (30) days of the issuance of the final adjudication in 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 the totality of the facts and circumstances. Accordinggly, pper the Consent Agreement of the parties, Crispell is directed to make ppayment(s) of $3,500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission, such that Crispell shall pay $100 per month for a total of 35 months and shall make the first payment by no later than the thirtieth (30t") day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Crispell is further directed to make additional payment(s) totaling $500.00--representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter --which shall be made payable to the Pennsylvania State Ethics Commission, such that Crispell shall pay $50 per month for a total of 10 months and shall make the first payment by no later than the thirtieth (30t") day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Crispell is directed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. Finally, to the extent she has not already done so, Crispell is directed to file complete and accurate and amended SFIs with the County, through this Commission, for calendar years 2014 and 2017 by no later than the thirtieth (30t) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As the Director of Elections for Luzerne County ("County"), Pennsylvania, from December 10, 2012, until March 6, 2015, and from September 18, 2015, until September 6, 2019, Respondent Marisa Crispell ("Crispell") was a public official/public employee subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Crispell violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her participation in discussions and evaluations as part of a Request for Proposal process regarding the purchase of electronic poll books, including making recommendations to the County Council to enter into a purchase contract with Election Systems & Software ("ES&S") at a time when she was serving on an ES&S Advisory Board and receiving transportation, lodging and/or hospitality from ES&S when she traveled to Advisory Board meetings and accompanying events and when she received payments from the County while she was traveling to Advisory Board meetings and events. Cris e_ll, Docket 19-007 Page 56 3. Crispell violated Sections 1104(a) and 1105(b)(7) of the Ethics Act, 65 Pa.C.S. §§ 1104(a) and 1105(b)(7), when she failed to ffHe a Statement of Financial Interests for calendar year 2014 and when she failed to list the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with her position as Director of Elections when such expenses exceeded $650.00. In Re: Marisa Crispell, File Docket: 19-007 Respondent Date Decided: 6/22/20 Date Mailed: 6/24/20 ORDER NO. 1771 As the Director of Elections for Luzerne County ("County"), Pennsylvania, Marisa Crispell ("Crispell") violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"�ions : 65 Pa.C.S. § 1103(a), in relation to her participation in alua discussions and evas part of a Request for Proposal process regarding the purchase of electronic poll books, including making recommendations to the County Council to enter into a purchase contract with Election Systems & Software ("ES&S") at a time when she was serving on an ES&S Advisory Board and receiving transportation, lodging and/or hospitality from ES&S when she traveled to Advisory Board meetings and accompanying events and when she received payments from the County while she was traveling to Advisory Board meetings and events. 2. Crispell violated Sections 1104(a) and 1105(11b)(7) of the Ethics Act, 65 Pa.C.S. §§ 1104(a) and 1105r b8�7}, when she failed to file a Statement of Financial Interests for calendar year 4 and when she failed to list the name and address of the source and the amount of any payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with her position as Director of Elections when such expenses exceeded $650.00. 3. Per the Consent Agreement of the parties, Crispell is directed to make payment(s) of $3,500.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission, such that Crispell shall pay $100 per month for a total of 35 months and shall make the first payment by no later than the thirtieth (30th) day after the mailing date of this Order. 4. Per the Consent Agreement of the parties, Crispell is directed to make additional payment(s) totaling $500.00--representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter --which shall be made payable to the Pennsylvania State Ethics Commission, such that Crispell shall pay $50 per month for a total of 10 months and shall make the first payment by no later than the thirtieth (30th) day after the mailing date of this Order. 5. Per the Consent Agreement of the parties, Crispell is directed to not accept any reimbursement, compensation or other payment from the County representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. To the extent she has not already done so, Crispell is directed to file complete and accurate and amended Statements of Financial Interests with the County, through this Commission, for calendar years 2014 and 2017 by no later than the thirtieth (30th) day after the mailing date of this Order. 7. Compliance with Paragraphs 3, 4, 5, and 6 of this Order will result in the closing of this case with no further action by this Commission. Non-compliance will result in the institution of an order enforcement action. i "f