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HomeMy WebLinkAbout1781 ImbesiPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 In Re: Nicholas Imbesi, Respondent STATE ETHICS COMMISSION FINANCE BUILDING File Docket: X-ref. Date Decided Date Mailed: FACSIME: 717-787-0806 WEBSITE: www.a_thjq§,pa,gg 20-014 Order No. 1781 3/29/21 4/l/21 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 M., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegation. 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. 1'. ALLEGATION: That Nicholas Imbesi, a public, official/public employee in his capacity as a Member and President of West Reading Borough Council, Berks County, violated Section I I 03(a) of the State Ethics Act (Act 93 of 1998) when he utilized the authority of his public position for the private pecuniary benefit of himself when he participated in discussions and actions of Council, including but not limited to, presenting and making final recommendation to Council for a Borough reorganizational plan, resulting in his appointment as Borough Manager. 11. FINDINGS: I Nicholas Imbesi ("Imbesi") served as an appointed Member of West Reading Borough Council ("Council"), Berks County, from February 21, 2017, until his resignation on July 30,2019, Imbesi, 20-014 Page 2 a. Council consists of seven Members and a Mayor. b. Imbesi served as Council President from January 2018 through July 30, 2019. 2. Imbesi was employed by the Berks County Recorder of Deeds Office while simultaneously serving as a Member of Council. a. Imbesi was employed by Berks County from approximately January 14, 2015, until August 2019. b. As an employee of Berks County, Imbesi held the position of Office Manager/2nd Deputy Recorder. 3. The Office Manager/2nd Deputy Recorder position in the Berks County Recorder of Deeds Office is a management level position responsible for reconciliations, purchasing, contracts, record management, and supervision of approximately 15 employees. a. Imbesi was hired by Berks County immediately upon his completion of his college degree. 4. Within his professional resume, Imbesi reports his educational and work experience as follows: a. Imbesi earned a Bachelor of Science in Public Administration from Kutztown University; b. Imbesi additionally holds a master's degree in Public Administration from Villanova University, with a Certificate in City Management; and C. Prior to his employment as Borough Manager, Imbesi's only work experience was his employment with the Berks County Recorder of Deeds Office. 5. West Reading Borough ("Borough") does not maintain any formal policies concerning the hiring of Borough employees. a. The Borough will generally promote from within when possible but has searched externally when necessary. 6. In 2016, the Borough had a vacancy for its Borough Manager position. a. Cathy Hoffman ("Hoffman"), a Borough employee, was appointed Interim Manager effective April 1, 2016, while the Borough conducted an external search for a candidate. b. At that time, the Borough utilized the assistance of a human resources firm to screen and recommend possible candidates. Imbesi, 20-014 Page 3 C. Council Members Christopher Lincoln and Phillip Wert, who were both involved in the hiring of/search for a Borough Manager in 2016, found the process time consuming and expensive. Council was only provided with one viable candidate after an almost four - month search. 2. The sole candidate sought a salary much higher than the Borough was offering and demanded the ability to telework several days a week. d. Imbesi was not a Member of Council in 2016. 7. After Council exhausted its external search efforts, Hoffman was appointed as the full-time Borough Manager on November 15, 2016. a. The Borough position of Borough Manager reports directly to Council. b. Hoffman was responsible for managing the day-to-day operations of the Borough, except for the Police Department, which reports to the Mayor. Hoffman worked as Borough Manager until September 1, 2019, when she was hired as the Borough's Codes Department Manager. d. Imbesi replaced Hoffman as Borough Manager effective September 1, 2019. The Borough has maintained a Codes Enforcement Department since the mid- 1990s. a. Code enforcement was administered by the Borough "in-house" until January 2015. b. Hoffman was initially hired as the Codes Department Secretary on or about May 22, 2007. C. Tracey Levering was employed as the Codes Department Manager from June 15, 2010, until December 16, 2014. 9. Between January 2015 and September 1, 2019, Borough code enforcement was outsourced to SDE, the Borough's engineering firm. a. Council meeting minutes between 2015 and July 2019 include numerous discussions regarding SDE's administration of code enforcement. b. Information received from Council Members revealed that complaints were made regarding scheduling and permitting issues and a perception of selective enforcement by SDE. lmbesi, 20-014 Page 4 1. The specific nature of the complaints was not outlined within the meeting minutes. C. All code enforcement personnel were employees of SDE, except for the Codes Department Secretary, who was a Borough employee. 10. In an effort to address the complaints regarding services provided by SDE, Council included funding during the 2019 budget process for the position of a Codes Department Manager for the second half of 2019. a. The budgeting for a Codes Department Manager was an effort by Council to eliminate the administration of the Codes Enforcement Department by SDE as a cost savings measure. b. Also considered by Council was its general dissatisfaction with SDE's management of the Borough's code enforcement. 11. The Borough utilizes the following annual budget process: a. Several budget meetings are held beginning each fall; b. During the budget meetings, department heads present their funding requests before Council for review, discussion and consideration; C. The Borough Manager works with Council to create the Borough's annual operating budget; and d. The actual budget is generally adopted by Council during the December meeting. 12. Imbesi, as Council President, participated in discussions and official actions taken by Council to create and set the salary for a Borough Codes Department Manager for the second half of 2019. a. Council held monthly budget meetings between August 28, 2018, and the 2019 budget approval on December 18, 2018. 13. Imbesi, as Council President, presented a draft 2019 budget for the Borough Codes Enforcement Department during Council's November 10, 2018, budget workshop/Council meeting. a. Imbesi presented the proposed Codes Enforcement Department budget since no department head existed at the time. b. During that meeting, Hoffman made a recommendation to budget $35,000 for one full-time person to lead the Codes Enforcement Department during the last half of 2019. Imbesi, 20-014 Page 5 c. Hoffman reported to Council that the newly budgeted Codes Enforcement Department head would provide leadership for the department, including any third - party staff, and would be designated as the Zoning Officer. This would eliminate the expense incurred for the current one day per week, third -party Zoning Officer provided by SDE. Hoffman expressed the need for better oversight and control of the Codes Enforcement Department and that the Borough should hire an individual that would be best suited for that position. 2. Council Member Thompson recommended exploration of options to hire an alternate engineering firm. d. Hoffman did not disclose her intent to seek the Borough Codes Department Manager position at that time. 14. As Council President, Imbesi presented the 2019 draft Borough budget for review during a workshop/Council meeting held on November 27, 2018. a. During the November 27, 2018, budget meeting, Hoffman advised Council that funding for "the hiring of a Codes Department Manager for the last half of 2019 was kept within the proposed budget." 15. The actual budget for 2019 was approved by Council on December 18, 2018, by a 5-1 vote, with Imbesi voting in favor of its approval. a. Council Member Suzanne Thompson voted to oppose the budget without stating any reason for her vote. 16. The 2019 budget included approved General Fund allocations of $405,332.00 for the Codes Enforcement Department. a. Of the $405,332.00 budget allocations, $35,000.00 was designated for Codes Enforcement Office Staff wages, $37,100.00 for clerical wages and $171,089.00 for Codes Department Administration. b. The $35,000.00 budgeted for Codes Enforcement Office staff wages was anew line item when compared to the 2018 budget. 17. Early in 2019, Hoffman reported to Council, including Imbesi, that she was frustrated and stressed from the number of extra hours she was working to perform her duties as Borough Manager. a. Hoffman informed Council that she often would have to work 60-70 hours per week, seven days a week, and that the job required more than she wanted. Imbesi, 20-014 Page 6 b. Hoffman was not subject to any performance -related disciplinary actions at that time. 18. From approximately January 2019 through June 2019, Hoffman also had conversations with Imbesi about the restructuring of Borough management. a. During these conversations, Hoffman suggested that she transfer into the vacant Codes Department Manager position and encouraged Imbesi to resign from Council to replace her as Borough Manager. b. These discussions occurred without the knowledge of Council as a whole. 19. At the time Hoffman and Imbesi were discussing a restructuring of Borough management, Imbesi was employed full-time by the Berks County Recorder of Deeds Office. a. Hoffman initiated the Borough restructuring plan with Imbesi due to his public position as Council President. b. These conversations did not include other Borough officials. 20. During their conversations, Hoffman and Imbesi did not give any consideration to the possibility of advertising for applicants for either the Borough Manager position or the Codes Department Manager position, which was a decision to be rendered exclusively by Council. a. The budgeted position of Codes Department Manager was vacant at that time. 21. Hoffman presented the restructuring idea proposed by her and Imbesi verbally to Council as a whole during an executive session held on June 18, 2019. a. Imbesi participated in the proposal presentation and verbally outlined the restructuring of Borough administration along with Hoffman. b. Hoffman proposed that Council should appoint Imbesi as Borough Manager and that Hoffman be transferred to the position of Codes Department Manager. C. With the intention of reducing Borough expenses, Imbesi and Hoffman included a potential salary for each position, which would be ultimately determined by Council. I. Hoffman proposed taking an annual pay cut of approximately $11,401.00 from the $76,401.00 she was receiving as Borough Manager to $65,000.00 annually as Codes Department Manager. 2. The proposed salary for Borough Manager was reduced from $76,401.00 to $65,000.00. Imbesi, 20-014 Page 7 22. Imbesi and Hoffman provided Council with a document titled "Reorganization of Borough Administration" dated July 16, 2019, which credited itself as being "prepared and presented by Cathy Hoffman & Nicolas Imbesi." a. This written proposal was provided to Council as a follow-up to information that Hoffman had verbally presented to Council during the June 18, 2019, executive session. b. The proposal included salaries, cost savings projections, job description, and duties for the positions of Codes Department Manager and Borough Manager. C. Imbesi was present at the meeting as the President and a Member of Council. 23. The written proposal included a narrative description and cost allocations, as well as job descriptions as follows: a. Proposal "As presented, Mrs. Cathy Hoffman would become the Codes Manager to oversee codes, assist the codes secretary, perform zoning functions as well as property maintenance. The current Code's Secretary will be taking off 12 weeks during a pregnancy beginning December 2019. In addition, Mr. Nicholas Imbesi would become Borough Manager. In this proposal, you will find a breakdown of pay/benefits, meeting attendance structure, and proposed job duties. We are proposing that this plan be implemented by September Yd to give Mrs. Hoffman enough time to learn Ms. Beltran's job duties before maternity leave." b. The proposal estimated an additional annual cost to the Borough of $3,806.00 above the cost currently incurred by outsourcing code enforcement services to SDE. C. The Borough's consideration of a Codes Department Manager was to initially reduce Borough expenses, not to increase spending. d. Included with the proposal was a job description for the position of Borough Manager, which was a verbatim copy of the existing job description on file at the Borough. e. Following a review of the draft proposal, coupled with the verbal presentation of Imbesi and Hoffman, Council agreed to adopt the recommendation and hire Imbesi as Borough Manager. 24. Council did not advertise or seek any applicants, nor did Council consider any other proposals regarding the hiring of a Codes Department Manager or a Borough Manager. Imbesi, 20-014 Page 8 Imbesi was the President and a Member of Council at the time he participated in the drafting and forwarding of the restructuring plan that resulted in his hiring as Borough Manager. b. Imbesi participated in executive session meetings when Council and the current Borough Manager discussed the restructuring of Borough management at a time when he had a reasonable expectation to be appointed as Borough Manager. 25. Following Hoffman's proposal during the July 16, 2019, executive session, Council held an additional executive session on July 30, 2019, to discuss personnel issues. a. Personnel issues discussed were appointing Hoffman as the Codes Department Manager and appointing Imbesi as Borough Manager. b. Imbesi was present and participated in the discussion and consideration of the "Reorganization of Borough Administration" as the President and a Member of Council at both the July 16 and July 30, 2019, executive sessions. No meeting minutes were recorded from the executive session, which is customary practice of Council. 2. Justification for the executive session was noted as "personnel matters." During the executive session, Council reviewed the "Reorganization of Borough Administration" as proposed by Hoffman with the intention of voting to approve the proposal during the public meeting. 26. Immediately upon the completion of the executive session, Imbesi resigned from his position as a Member and President of Council in order to be appointed as the Borough Manager. a. At the time Imbesi resigned from his position on Council, he possessed a reasonable expectation of being appointed as the Borough Manager based on his participation in the executive session meetings held immediately prior. 27. Minutes from Council's July 30, 2019, meeting include actions to appoint Hoffman as the Codes Department Manager, accept the resignation of Imbesi from Council, and appoint Imbesi as the Borough Manager. 28. Council's justification for the reorganization was due to numerous complaints concerning the Borough's managed codes enforcement and Hoffman's desire to resign as Borough Manager. a. Council's rationale for not advertising for the Borough Manager position was based on Council Members Lincoln and Wert's assertion of problems previously encountered when attempting to fill the Borough Manager position. Imbesi, 20-014 Page 9 b. The last time the Borough conducted a search to fill the Borough Manager position was in 2016. 29. On July 30, 2019, Imbesi executed an acceptance letter of employment as the Borough Manager, effective September 1, 2019. a. The letter was signed by Council President Phillip C. Wert on behalf of the Borough. b. As proposed, Imbesi's starting salary was set at $65,000.00 annually, plus health insurance, paid time off, and mileage reimbursements at established IRS rates. 30. On or about November 11, 2019, Borough Solicitor Keith Mooney provided Imbesi with advice via email communication. Excerpts from that correspondence reflect that Mooney advised Imbesi in part as follows: a. "Nick, I have reviewed the state ethics act and do not believe that you or anyone else at the Borough committed a violation of same when you became employed as the Borough Manager... In the event that you take employment by the Borough to be a contract which, one might in the strictest reading of the word, you were no longer a public official when you were hired as the Borough Manager. You resigned your elective office as a Borough Councilman and the remaining members of Council voted to employ you as Borough Manager. Therefore there is no conflict as a result of your employment. Also, I do not read employment to be encompassed by the definition of contract set forth in the ethics code because the Borough Code at section 1104 (b) actually permits Borough Councilman in a Borough of 3000 residents or less to be employed by a Borough and therefore you would have to read that section in conformity with the contract prohibition provision of the Ethics Act... The conflict of interest provision again prohibits a public official through use of his office for pecuniary gain. Again you resigned your elective office prior to be appointed as the Borough manager and beginning your employment with the Borough. Unless they are going to claim that you bribed members of council to vote to hire you, I do not see any violation of the conflict of interest provision by the Borough Council offering and you accepting employment as a former elected official of the Borough." III. DISCUSSION: As a Member of Council for West Reading Borough ("Borough"), Berks County, Pennsylvania, from February 21, 2017, until July 30, 2019, Respondent Nicholas Imbesi, also referred to herein as "Respondent," "Respondent Imbesi," and "Imbesi," was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. The allegation is that Imbesi violated Section 1103(a) of the Ethics Act when, as a Member and President of Council, he utilized the authority of his public position for the private pecuniary Imbesi, 20-014 Page 10 benefit of himself when he participated in discussions and actions of Council, including but not limited to presenting and making a final recommendation to Council for a Borough reorganizational plan, resulting in his appointment as the Borough Manager. 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 degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 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 immediate family is associated. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Imbesi, 20-014 Page I 1 Imbesi served as an appointed Member of Council from February 21, 2017, until his resignation on July 30, 2019. Imbesi served as President of Council from January 2018 through July 30, 2019. Council is comprised of seven Members and a Mayor. Imbesi was employed by Berks County at the same time that he was serving as a Member of Council. As an employee of Berks County, Imbesi held the position of Office Manager/2"d Deputy Recorder for the Berks County Recorder of Deeds Office. The Borough does not maintain any formal policies concerning the hiring of Borough employees. The Borough will generally promote from within when possible but has searched externally when necessary. In 2016, the position of Borough Manager was vacant. Cathy Hoffman ("Hoffman"), a Borough employee, was appointed as the full-time Borough Manager on November 15, 2016. The Borough has maintained a Codes Enforcement Department since the mid- 1990s. Code enforcement was administered by the Borough "in-house" until January 2015. Beginning in January 2015, code enforcement was outsourced to SDE, the Borough's engineering firm. Between 2015 and July 2019, Council had numerous discussions regarding SDE's administration of code enforcement. In an effort to address complaints regarding the services provided by SDE and eliminate SDE's administration of the Codes Enforcement Department as a cost savings measure, during the 2019 budget process Council included funding for the position of a Codes Department Manager for the second half of 2019. Imbesi, as Council President, presented a draft 2019 budget for the Codes Enforcement Department during Council's November 10, 2018, budget workshop/Council meeting. Imbesi presented the proposed Codes Enforcement Department budget since no department head existed at the time. During the meeting, Hoffman made a recommendation to budget $35,000.00 for one full-time person to lead the Codes Enforcement Department during the last half of 2019. On December 18, 2018, Council approved the budget for 2019, which included $35,000.00 for wages for a Codes Department Manager for the second half of 2019. In early 2019, Hoffman reported to Council, including Imbesi, that she was frustrated and stressed from the number of extra hours that she was working to perform her duties as the Borough Manager. From approximately January 2019 through June 2019, Hoffman had conversations with Imbesi about the restructuring of Borough management. During these conversations, Hoffman suggested that she transfer into the budgeted Codes Department Manager position which was vacant, and she encouraged Imbesi to resign from Council to replace her as the Borough Manager. These conversations occurred without the knowledge of Council as a whole. During their conversations, Hoffman and Imbesi did not give any consideration to the possibility of advertising for applicants for either the Borough Manager position or the Codes Department Manager position. During an executive session of Council held on June 18, 2019, Hoffman and Imbesi verbally presented their restructuring proposal to Council. Hoffman and Imbesi proposed that Council appoint Imbesi to the position of Borough Manager and that Hoffman be transferred to the position of Codes Department Manager. With the intention of reducing Borough expenses, Imbesi, 20-014 Page 12 Imbesi and Hoffman included a proposed salary of $65,000,00 for each position. The proposed salary for the Borough Manager position was $t 1,401.00 less than Hoffman was being paid as the Borough Manager. During an executive session of Council held on July 16, 2019, Imbesi and Hoffman provided Council with their written proposal entitled "Reorganization of Borough Administration," which included salaries, cost savings projections, job descriptions, and duties for the positions of Codes Department Manager and Borough Manager. The written proposal recommended that Hoffman become the Codes Department Manager and that Imbesi become the Borough Manager. Following a review of the written proposal, Council agreed to adopt its recommendations. Council did not consider any other proposals for the hiring of a Codes Department Manager or a Borough Manager. On July 30, 2019, Council held an executive session to discuss appointing Hoffman as the Codes Department Manager and Imbesi as the Borough Manager. Imbesi was present and participated in the discussion. During the executive session, Council reviewed the written proposal regarding the "Reorganization of Borough Administration" with the intention of voting to approve the written proposal during Council's public meeting. Immediately upon the completion of the executive session, Imbesi resigned from Council in order to be appointed as the Borough Manager. Minutes of Council's July 30, 2019, public meeting note action to appoint Hoffinan as the Codes Department Manager, accept Imbesi's resignation from Council, and appoint Imbesi as the Borough Manager. Hoffman worked as the Borough Manager until September 1, 2019, when she became the Codes Department Manager. Imbesi replaced Hoffman as the Borough Manager effective September 1, 2019. Imbesi's starting salary was set at $65,000.00, and he was to receive health insurance, paid time off, and mileage reimbursement at established Internal Revenue Service rates. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a technical violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Nicholas Imbesi, in his capacity as a Member and President of West Reading Borough Council, Berks County, participating in discussions with Council, that entailed presenting a recommendation to Council to implement a Borough administrative reorganizational plan, after which he was appointed Imbesi, 20-014 Page 13 as Borough Manager following his resignation from Council. 4. Imbesi agrees to make payment in the amount of $750.00 in settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to the Per Sylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Imbesi agrees to not accept any reimbursement, compensation or other payment from West Reading Borough, Berks County representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Aareernent at 1-2. In considering the Consent Agreement, we accept the recommendation of the parties for a finding that a technical violation of Section 1103(a) of the Ethics Act occurred in relation to Imbesi, in his capacity as a Member and President of Council, participating in discussions with Council that entailed presenting a recommendation to Council to implement a Borough administrative reorganizational plan, after which he was appointed as Borough Manager following his resignation from Council. Imbesi used the authority of office as a Member and President of Council when, from approximately January 2019 through June 2019, he had discussions with then -Borough Manager Hoffman about restructuring the Borough management. The restructuring plan proposed by Hoffman and Imbesi involved Council appointing Imbesi as the Borough Manager and Hoffman being transferred to the position of Codes Enforcement Manager. A salary of $65,000.00 was proposed for each position. Imbesi further used the authority of office. (1) when, on June 18, 2019, he participated in Hoffman's presentation of their restructuring plan to Council and verbally outlined the restructuring of Borough management; (2) when, on July 16, 2019, he participated with Hoffman in presenting Council with a written proposal which recommended that Hoffman become the Codes Department Manager and that Imbesi become the Borough Manager; and (3) when, on July 30, 2019, he participated in Council's discussion with regard to appointing Hoffman as the Codes Imbesi, 20-014 Page 14 Department Manager and him as the Borough Manager. Imbesi subsequently resigned from Council in order to appointed as the Borough Manager, with a starting salary of $65,000.00. Based upon the Stipulated Findings and Consent Agreement, we hold that Imbesi, in his capacity as a Member and President of Council, technically violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participating in discussions with Council that entailed presenting a recommendation to Council to implement a Borough administrative reorganizational plan, after which he was appointed as Borough Manager following his resignation from Council. As part of the Consent Agreement, Imbesi has agreed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Imbesi has further agreed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. We determine that the Consent Agreement submitted by the patties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Imbesi is directed to make payment in the amount of $750.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30€") day after the mailing date of this adjudication and Order. Imbesi is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: As a Member of Council for West Reading Borough ("Borough"), Berks County, Pennsylvania, from February 21, 2017, until July 30, 2019, Respondent Nicholas Imbesi ("Imbesi") was a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq. 2. Imbesi, in his capacity as a Member and President of Council, technically violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participating in discussions with Council that entailed presenting a recommendation to Council to implement a Borough administrative reorganizational plan, after which he was appointed as Borough Manager following his resignation from Council. In Re: Nicholas Imbesi, File Docket: 20-014 Respondent Date Decided: 3/29/21 Date Mailed: 4/1/21 ORDER NO. 1781 1. Nicholas Imbesi ("Imbesi"), in his capacity as a Member and President of Council for West Reading Borough ("Borough"), Berks County, Pennsylvania, technically violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to his participating in discussions with Council that entailed presenting a recommendation to Council to implement a Borough administrative reorganizational plan, after which he was appointed as Borough Manager following his resignation from Council. 2. Per the Consent Agreement of the parties, Imbesi is directed to make payment in the amount of $750,00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. Per the Consent Agreement of the parties, Imbesi is direct to not accept any reimbursement, compensation or other payment ftom the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 4. Compliance with paragraphs 2 and 3 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, A " (�_� Nicholas olafella, Qhair