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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