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In Re: Mark Honebrink,
Respondent
STME ETAICS COMMISSION
FINANCE BUILDING
File Docket:
X-ref-
Date Decided:
Date Mailed:
FACSIMILE: 717-787-0806
WEBWE: W�AM,ethics.pa.aov
20-030
Order No. 1795
9/14/21
9/16/21
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 sec.., 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 pal -ties to
the Commission for consideration. The Stipulated Findings are set forth as the Findings in this
Order. The Consent Agreement has been approved.
1. ALLEGATIONS:
That Mark Honebrink, a public official/public employee in his former capacity as an
employee of the Southeastern Pennsylvania Transportation Authority ("SEPTA"), violated
Sections 1103(g), 1104(a), 1105(b)(6), and 1105(b)(7) of the State Ethics Act (Act 93 of 1998)
when, following his retirement from SEPTA, he represented himself and/or another entity before
SEPTA within one year of leaving public service; when he failed to file a Statement of Financial
Interests for the 2019 calendar year; and when he failed to disclose on his 2017 calendar year
Statement of Financial Interests gifts, transportation, lodging, and hospitality,
Honebrink, 20-030
Page 2
11. FINDINGS:
1. Mark Honebrink ("Honebrink") was employed with the Southeastern Pennsylvania
Transportation Authority ("SEPTA") from. approximately December 1981 until February
29, 2020.
2. Honebrink, while employed with SEPTA, held various positions.
a. From approximately 1994 until February 29, 2020, Honebrink served as the Senior
Director of Administration and Finance.
3. Honebrink retired from SEPTA on January 31, 2020, but he continued as a part-time
annuitant until February 29, 2020.
4. SEPTA was created by the Pennsylvania Legislature on or around August 17, 1963, to
coordinate government subsidies to various transit and railroad companies in southeastern
Pennsylvania.
5. Articles of Incorporation were filed with the Pennsylvania Department of State creating
SEPTA on or around February 6, 1964.
a. SEPTA was established as a transportation authority and formed by the City of
Philadelphia and the Counties of Bucks, Chester, Delaware, and Montgomery
pursuant to the Metropolitan Transportation Authorities Act of 1963.
6. SEPTA is a regional public transportation authority that operates bus, rapid transit,
commuter rail, light rail, and electronic trolleybus services for nearly 4 million people in
five counties in and around Philadelphia, Pennsylvania.
a. It also manages projects that maintain, replace and expand its infrastructure,
facilities and vehicles.
7. SEPTA, as an Authority, maintains By -Laws which govern the Authority operations, etc.
a. SEPTA's By -Laws were most recently approved for amendment on or around April
26, 2007.
8. Among the Articles specified within the By -Laws, Article 11, Section 2.01 Board, and
Article 111, Section 3.02, Regular Meetings read in part as follows:
a. Section 2.01, Board - The governing and policymaking body of the Authority shall
exercise its powers in such areas of discretion or policy as the functions and
programs of the Authority, the Authority's operating and capital budgets, the
Authority's standard of services, utilization of technology, the organizational
structure and the selection of and establishment of salaries for personnel.
b. Section 3.02, Regular Meetings — At such regular meetings, the Board may transact
such business as may be brought before the meeting. All action of the Board shall
be by resolution.
Honebrink, 20-030
Page 3
9. Honebrink's position as Senior Director of Administration and Finance was
organizationally located in SEPTA's Division of Engineering, Maintenance and
Construction and Department of Engineering, Maintenance and Construction,
Administration and Finance.
10. Honebrinlc directly reported to Robert Lund ("Lund"), SEPTA's Assistant General
Manager for the Division of Engineering, Maintenance and Construction.
a. In January 2020, Lund was appointed as Deputy General Manager of SEPTA.
b. Honebrink continued to report to, and be supervised by, Lund.
11. Honebrink, as the Senior Director of Administration and Finance, had basic administrative
and specific responsibilities including the following:
a. Basic Administrative Responsibilities.
1. Participate in the development of policies in the immediate manager's
organization and interpret such policies throughout department or activity.
2. Develop objectives, policies and procedures for their activity for the
approval of immediate manager.
3. Interpret and administer programs and procedures in accordance with
approved policies.
9. Perform special assignments for immediate manager as requested.
5. Report performance to immediate manager.
6. Coordinate expense budget spending for department or activity to maintain
performance within budget.
7. Develop a sound organization, staffed with personnel able to perform the
functions of the department.
8. Develop a suitable successor and be responsible for training replacements
at all levels within department.
b. Specific Responsibilities.
1. Develop and implement the necessary financial controls as well as
organizing and directing the various activities of the department's
Administration and Financial sections to assure Divisional expenditures are
within authorized Operating and Capital budgets. Ensure financial problem
areas are identified and corrective action is taken.
2. Manage and coordinate all activities required to develop an annual
operating budget including the necessary interface functions.
3. Manage and coordinate all activities required to develop the annual ISRP
program plan and budget including the necessary interface functions.
Honebrink, 20-030
Page 4
4. Direct staff in development, design, implementation, operation, and
management of administrative practices and procedures.
5. Manage personnel and labor relations activities, including manpower
planning, strategic recruitment efforts, IOD and LT absence case
management, timekeeping and attendance points, FMLA, and
implementation of policies and special projects.
6. Oversee the development, operation and management of department's
technology systems.
7. Direct the Divisional contract administration efforts including the interface
with the Procurement and Contracts Department, requisition creation and
tracking, procurement card administration, Divisional blanket/service
contract management.
S. Manage the development, use, and accounting involved with
support/cooperation/reimbursement agreements with PennDOT.
9. Direct SEPTA's Asset Management Program consistent with FTA guidance
and regulation. Implement and provide ongoing system support for an
automated asset maintenance management system for fixed and linear
assets. Implement and provide ongoing system support for a State of Good
Repair Investment Planning system.
10. Supervise development and implementation of short and long-range
planning for the department, including coordination and management of all
activities involving other departments. In addition, responsible for
replacement and acquisition of vehicles and equipment.
11. Interface with operational and administrative managers of other SEPTA
departments to assist in solution of mutual financial, administrative and
operational problems.
12. Establish control policies and procedures to provide efficient use of
production capacity and manpower.
13. Plan and schedule activities required for timely and successful completion
of special projects and campaigns.
14. Supervise the development, tracking and preparation of all regular and
special reports on departmental operations.
15. Direct staff in development, design, implementation and operation of an
effective and efficient departmental internal communications system.
16. Perform other duties as required.
12. In or around November of 2019, Honebrink was considering retiring from SEPTA by the
end of 2019.
Honebrink, 20-030
Page 5
a. At the time, Honebrink was being considered for employment with Michael Baker
International, Inc. ("Michael Baker International").
13. Michael Baker International is a leading provider of engineering and consulting services,
including design, planning, architectural, environmental, construction and program
management.
a. Michael Baker International is based in Pittsburgh, Pennsylvania with nearly 100
offices nationwide that partner with clients on everything from roads, bridges,
tunnels, mass transit, and airports to water treatment plants, arctic oil pipelines,
environmental restoration, and specialized overseas construction.
14. On or around December 3, 2019, Honebrink received an offer of employment from Michael
Baker International in a letter from Lydia Grose, Vice -President of Michael Balser
International, which in part included the following information:
a. We are very pleased to extend an offer of employment to you as a Project Control
Specialist IV with Michael Baker International in our Philadelphia, PA office. In
this position you will report to Edward LaGuardia. If this offer is acceptable, your
target start date is January 6, 2020.
15. Honebrink's position as a Project Control Specialist IV with Michael Baker International
includes duties of developing and tracking project spend plans, providing financial analysis
and reporting, and scheduling assistance as follows:
a. Prepares project planning, development and monitoring of schedules,
budgets/costs, status reports and progress using project management software;
b. Tracks committed and actuals, reconciling actuals with estimated cost, developing
cost forecast, analyzing variations against baselines;
Investigates cost inconsistencies and booked charges as required;
d. Develops reports on cost and schedule variances against baselines;
Assists Project Manager in developing and reviewing cost, schedule and budget
corrective action and recovery plans, and making sure needed action plans are
implemented; and
f. Establishes and maintains project progress measurement systems for assigned
projects.
16. Beginning in or around July 2019, the Inspector General of SEPTA and the Federal Bureau
of Investigation began investigations of managers from SEPTA's Division of Engineering,
Maintenance and Construction.
a. The investigations were related to procurement fraud and theft of property.
Honebrink, 20-030
Page 6
17. Honebrink, as the Senior Director of Administration and Finance with the Division of
Engineering, Maintenance and Construction, assisted with the internal investigation
initiated by SEPTA.
a. Honebrink's involvement concerned the elements of the disciplinary process for
the managers.
18. On or around December 3, 2019, Honebrink advised Lund that he was retiring from SEPTA
effective December 31, 2019.
a. Lund requested that Honebrink delay his retirement from SEPTA until January
2020 to assist with personnel matters concerning the SEPTA internal investigation.
b. Honebrink agreed to delay his retirement from SEPTA until a January 31, 2020,
employment start date with Michael Baker International.
19. In or about mid -January 2020, Lund requested that Honebrink delay his retirement for an
additional 30 days.
a. Honebrink declined delaying his retirement but continued as a part-time annuitant
for the month of February 2020.
I. It was not uncommon for SEPTA employees to retire and return for a short
time as part-time annuitants.
THE FOLLOWING FINDINGS RELATE TO HONEBRINK BEING AUTHORIZED BY
SEPTA OFFICIALS TO BE EMPLOYED BY A SEPTA CONTRACTOR WITHIN ONE
YEAR OF RETIRING FROM SEPTA.
20, Michael Baker International has regularly contracted with SEPTA for multiple services.
21. Minutes of the SEPTA Board meeting for June 27, 2019, reflected the awarding of
contracts pursuant to a Request for Proposals for several vendors which included Michael
Baker International, as follows:
a. (i) AECOM Technical Services, Inc.; (ii) Michael Baker International, Inc.; (iii)
Jacobs Project Management Company, and (iv) WSP USA Inc. for the provision of
General Engineering Consultant (GEC) Construction Management Services, which
includes such disciplines as civil, track, structural, mechanical, electrical, catenary,
traction power and communications/signals, with services to be performed on as
"as needed, task order" basis over a period of three years expected to commence in
June 2019, as described in the staff summary on this subject, for a total per contract
amount not to exceed $8,000,000, Request for Proposals No. 18-00118-ACKR —
General Engineering Consultant — Construction Management (GEC CM)
Services."
22. On or around July 9, 2019, a Consultant Agreement for Architectural/Engineering Services
was entered into by SEPTA and Michael Baker International.
Honebrink, 20-030
Page 7
a. SEPTA was involved in an undertaking known as General Engineering Consultant
Construction Management and Inspection Services.
b. SEPTA desired to engage a consultant/surveying firm to perform certain technical
and professional services.
C. The Agreement provided that Michael Baker International shall perform all of the
services required under the Agreement within a total of 1095 days.
d. The Agreement was signed on or around July 10, 2019, by Jeffrey Knueppel,
General Manager of SEPTA, and Eric Frary, Vice -President of Michael Baker
International.
23. SEPTA Purchase Order No. S919454 was issued on or around July 10, 2019, for Vendor
Michael Baker International, which in part listed the following descriptions:
a. A/E General Engineering Consultant (GEC CM) Construction Management and
Inspection Services 3-year contract on a task order basis;
b. In accordance with SEPTA's RFP No. 18-0118-ACKR, Contract Documents, your
resolution proposal and resolution adopted by the SEPTA Board on .Tune 27, 2019;
c. Contract period 7/10/19 — 7/9/22; and
d. Total Amount not to exceed $8,000,000.
24. Michael Baker International had a contract in effect with SEPTA at the time Honebrink
was offered employment.
a. Honebrink was provided with legal advice from SEPTA's Office of General
Counsel regarding acceptance of this employment.
25. After Honebrink advised SEPTA officials that he was retiring from SEPTA in January
2020 to begin employment with Michael Baker International, he received a written
determination from General Counsel Gino Benedetti ("Benedetti").
a. Lund authorized Benedetti to provide Honebrink with a determination that
Honebrink could continue to provide services to SEPTA as an employee of Michael
Baker International.
26. Benedetti has been employed with SEPTA since 2013 with the Office of General Counsel
as Deputy General Counsel or General Counsel.
a. Benedetti has served as General Counsel since 2014.
27. After Honebrink retired from SEPTA, Lund approved utilizing Honebrink's
skills/expertise as a consultant for SEPTA through Michael Baker International pertaining
to personnel matters due to the ongoing FBI and SEPTA internal investigation.
Honebrink, 20-030
Page 8
28. Honebrink received correspondence from Benedetti dated February 7, 2020, that, in part,
included the following regarding his acceptance of employment with Michael Baker
International:
Congratulations on your retirement on February 1, 2020 and thank you for your dedicated
service to SEPTA. You will continue as a part-time pensioner until February 29, 2020. You
will then work as a consultant for Michael Baker International (MBI) beginning on March
1, 2020.
Section III(H) of SEPTA's Ethic(s) Policy (#A11) and the Public Official and Employee
Ethics Act, 65 Pa C.S.A. §§ 1101 et. seq. prohibits you from providing services to SEPTA
for MBI, a current vendor, for a one-year period from February 29, 2020. You may provide
services to SEPTA as a MBI consultant before March 1, 2021, only if expressly requested
by SEPTA in the form of a task order or e-mail.
a. The letter was signed by Honebrink on February 10, 2020, accepting and agreeing
to the letter.
b. Those copied on the letter included Richard Burnfield, SEPTA Deputy General
Manager - Treasurer; Lund; and Robert Marron, SEPTA AGM Audit and
Investigative Services.
29. SEPTA established an Ethics Policy #A11 on or around February 14, 2011.
a. The policy referenced the Public Official and Employee Ethics Act, 65 Pa.C.S. §
1101 et sec.
b. SEPTA's Ethics Policy is intended to provide guidance to employees to meet the
highest ethical standards and on how employees can seek advice regarding specific
ethical questions.
1. Management reserves the right to determine when an employee's activities
and relationships represent a conflict of interests or impede his/her ability
to discharge his/her job duties in an ethical manner.
30. Section III, Guidelines of SEPTA's Ethics Policy, Subsection H provides the following:
Any former employees of SEPTA must not use proprietary information or confidential
information they obtained while in SEPTA's employ or act adversely to the interests of the
Authority in the performance of their new positions. Further, a former employee may not
represent a new employer or business interests having a current ongoing relationship with
the Authority for a period of one year after termination of employment with SEPTA. In
addition, former SEPTA employees in positions as determined by SEPTA's Ethical
Conduct Panel may not assist, act for, or represent a business entity to SEPTA for business
purposes for a period of two years after termination.
31. No opinion was sought from the Pennsylvania State Ethics Commission by either SEPTA
or Honebrink regarding Honebrink being utilized as a consultant for SEPTA through
Michael Baker International.
Honebrink, 20-030
Page 9
32. On February 28, 2020, Matthew Dooner ("Dooner"), SEPTA Senior Procurement Officer
for Procurement, Supply Chain and DBE, submitted a letter to Eric Frary ("Frary"),
Michael Baker International, approving a Limited Work Authorization under SEPTA
Purchase Order No. S91954 and Task Order GEC-CM-19A-10, Administration and
Finance Support.
a. Dooner's correspondence approving the contract included the following:
SEPTA is hereby granting your firm Limited Work Authorization (LWA) to
proceed with work on the Subject Project/Initiative in accordance with the terms
and conditions of the Master GEC Agreement dated July 9, 2019. This Limited
Work Authorization is being issued to quickly initiate limited activity on the
Subject Project/Initiative. Under no circumstances is your firm to expend in excess
of $5,000 under the authority of this limited work authorization.
A more comprehensive Work Authorization may be issued upon SEPTA's written
request of, and your firm's submission of, an acceptable Proposal for the Subject
Project. The value of this Limited Work Authorization (LWA) is to be included as
part of any such Proposal submission.
b. The purpose for the limited work authorization was due to Honebrink being
involved in several ongoing initiatives for which his continued availability was
required by SEPTA.
33. On March 2, 2020, Edward LaGuardia, Project Manager for Michael Baker International,
submitted a proposal to Dooner under SEPTA Purchase Order No. S919454 and Task
Order GEC-CM-19A-10 that included the $5,000 Limited Work Authorization and an
amount not to exceed $65,608.00 for a total of 416 hours. The scope of services included
the following:
a. CM Task Order Scope of Services 2/20/2020
Administration and Finance Support — Engineering Maintenance and Construction
Division
Retain the services of Mark Honebrink on as needed as required basis to provide
senior management level support to the DGM, EM&C senior staff, and the
Administration and Finance Department. Continue on an as -needed basis the
pursuit of key administration/Finance initiatives and support of other divisions
including Legal and Labor relations.
Specific key initiatives include:
1. SAM Discipline
2. FY21 ISRP / Operating Budget Development and Submittal
3. Support of Administration and Finance Organizational Development for
DGM
4, New Position for PennDOT Coordination — Agreement Development,
Hiring, Billing
Honebrinkc, 20-030
Page 10
5. I95 project billing including Westmoreland Loop Construction, Resolution
of cost sharing for next phase(s).
6. Facility Video Plan — New Installations: Where, How Many, Capital
Funding Plan, Schedule. Scheduled Replacement of existing units based on
useful life (ISRP?)
7. Utility Fleet Renewal Options / Rental vehicle reduction
8. Telephone system renewal
9. Engineer 1 program
10. Tool Inventory / annual audit.
11. Snow Contracting Best Practices.
12. OT Policy for Maintenance Managers.
13. Standardize requisition routing.
Estimated requirement of 416 hours annually. Work will mainly take place at
SEPTA's 1234 Market Street headquarters.
Deliverables will take the form of Mark Honebrink's work effort as directed by
DGM Robert Lund or his designee. This may include attendance at meetings,
writing reports and policies, conducting analyses, providing guidance to
Departmental staff, preparing budgets, program plans, etc.
Mr. Honebrink will provide a weekly timesheet detailing his work effort and time
broken down by an/all relevant SEPTA labor account codes.
34. On or around March 11, 2020, Dooner submitted a letter to Frary, advising him that SEPTA
authorized Michael Baker International to proceed under Task Order GEC-CM-19A-10,
Administration and Finance Support.
35. Timecard reports for Honebrink reflect the hours for the consulting work he performed for
SEPTA with Michael Baker International under Task Order GECCM-19A-10,
Administration and Finance Support, Project Number 177673 as follows:
Date
Weekday
Hours
Project Name
Project Number
Task Name
3/16/2020
Monday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/17/2020
Tuesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/18/2020
Wednesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/19/2020
Thursday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/20/2020
Friday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/23/2020
Monday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/24/2020
Tuesday
8
GECCM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/25/2020
Wednesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/26/2020
Thursday
8
GECCM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/27/2020
Friday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
3/30/2020
Monday
8
GEC -CM- 1 9A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
Honebrink, 20-030
Page I I
3/31/2020
Tuesday
8
GEC-CM-19A-10 Admin-Fin (1101)
177673
Admin/Fin Support
4/l/2020
Wednesday
8
GEC -CM- 19A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/2/2020
Thursday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/3/2020
Friday
8
GEC -CM- I 9A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/6/2020
Monday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/7/2020
Tuesday
8
GEC-CM-19A-10 Admin-Fin (HOI)
177673
Admin/Fin Support
4/8/2020
Wednesday
8
GEC-CM-19A-10 Admin-Fin (I101)
177673
Admin/Fin Support
4/9/2020
Thursday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/10/2020
Friday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/13/2020
Monday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/14/2020
Tuesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/15/2020
Wednesday
8
GEC -CM- 1 9A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/16/2020
Thursday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/17/2020
Friday
8
GEC -CM- 1 9A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/20/2020
Monday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/21/2020
Tuesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/22/2020
Wednesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/27/2020
Monday
8
GEC -CM- 19A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/28/2020
Tuesday
8
GEC -CM- 19A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/29/2020
Wednesday
8
GEC -CM- 19A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
4/30/2020
Thursday
8
GEC -CM- 19A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/1/2020
Friday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/4/2020
Monday
8
GEC-CM-I9A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/5/2020
Tuesday
8
GEC -CM- 19A- 10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/6/2020
Wednesday
4
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/7/2020
Thursday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/8/2020
Friday
8
GEC -CM- T 9A-10 Adm in -Fin (HO 1)
177673
Admin/Fin Support
5/11/2020
Monday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/12/2020
Tuesday
8
GEC-CM-19A-10 Adm in -Fin (HO1)
177673
Admin/Fin Support
5/13/2020
Wednesday
8
GEC-CM-19A-10 Adm in -Fin (HO1)
177673
Admin/Fin Support
5/14/2020
Thursday
8
GEC-CM-19A-10 Adm in -Fin (HO1)
I77673
Admin/Fin Support
5/15/2020
Friday
8
GEC-CM-19A-10 Adm in -Fin (HO1)
177673
Admin/Fin Support
5/18/2020
Monday
4
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/19/2020
Tuesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
5/20/2020
Wednesday
8
GEC-CM-19A-10 Admin-Fin (HO1)
177673
Admin/Fin Support
Honebrink, 20-030
Page 12
5/21/2020 Thursday 8 GEC -CM- 19A- 10 Admin-Fin (HO1) 177673 Admin/Fin Support
5/22/2020 Friday 8 GEC-CM-19A-10 Admin-Fin (HO1) 177673 Admin/Fin Support
5/26/2020 Tuesday 8 GEC-CM-19A-10 Admin-Fin (HO1) 177673 Admin/Fin Support
5/27/2020 Wednesday 8 GEC-CM-19A-10 Admin-Fin (HO1) 177673 Admin/Fin Support
5/28/2020 Thursday 8 GEC-CM-19A-10 Admin-Fin (HO1) 177673 Admin/Fin Support
5/29/2020 Friday 4 GEC-CM-19A-10 Admin-Fin (HO1) 177673 Admin/Fin Support
6/1/2020 Monday 8 GEC-CM-19A-10 Admin-Fin (F101) 177673 Admin/Fin Support
6/2/2020 Tuesday 4 GEC-CM-19A-10 Admin-Fin (HO1) 177673 Admin/Fin Support
Total 416
a. Honebrink submitted a total of 416 hours for the consulting work he performed for
SEPTA as an employee of Michael Baker International.
b. Honebrink was paid $60.00 per hour as a Project Control Specialist IV for Michael
Baker International on the consulting work he performed for SEPTA.
36. Michael Baker International billed SEPTA a total of $62,367.60 for the consulting services
performed by Honebrink as part of Task Order GEC-CM-19A-10, Administration and
Finance Support as follows:
Date
Invoice
No.
Amount Paid to
MBI
Total
Hours
Rate of
Pay
Amount Paid to
Honebrink
5/14/2020
1083360
$39,554.05
264
$60.00
$15,840.00
6/25/2020
1087482
$20,975.64
140
$60.00
$8,400.00
7/21/2020
1089592
$1,797.91
12
$60.00
$720.00
Total
$62,327.60
416
Total
$24,960.00
a. Payments included $24,960.00 for the hours charged by Honebrink.
b. Costs for overhead and fees were $37,367.60.
37. The consulting services provided by Honebrink to SEPTA on behalf of Michael Baker
International occurred within one year of Honebrink retiring from SEPTA.
a. Honebrink represented Michael Baker International before SEPTA
employees/managers during this one-year period.
THE FOLLOWING FINDINGS RELATE TO HONEBRINK PROVIDING
CONSULTING SERVICES RELATED TO THE COVID-19 GLOBAL PANDEMIC TO
SEPTA ON BEHALF OF MICHAEL BAKER INTERNATIONAL.
38. In or around April 2020, SEPTA and unions representing SEPTA employees began
negotiations over safety protections for drivers and other employees working during the
Honebrink, 20-030
Page 13
COVID-19 global pandemic.
39. Lund decided to utilize Michael Baker International to assist with SEPTA's response to
COVID-19 protocols.
40. On or about May 22, 2020, a SEPTA Request for Task Order Authorization was created
and approved by Lund.
a. The task order was for temporary support in response to COVID-19.
b. The consultant/contractor was Michael Baker International as part of GEC-CM-
19A-13.
C. The initial cost estimate was $62,699.52.
d. The anticipated task order start was May 29, 2020, with an estimated duration of
416 hours.
41. On May 26, 2020, SEPTA Procurement Officer Joel Rosario ("Rosario") forwarded a letter
to Frary, requesting a proposal under SEPTA Purchase Order No. S919454 and Task Order
GEC-CM-19A-13, Temporary Support in Response to COVID-19.
a. SEPTA requested that Michael Baker International prepare and submit a technical
and cost proposal for the project in accordance with the terms and conditions of the
Master GEC Agreement dated July 9, 2019.
42. On May 26, 2020, Edward LaGuardia, Project Manager for Michael Baker International,
submitted a proposal which included using Honebrink to complete the terms of the project
as noted:
a. Temporary Support in Response to COVID -19.
Retain the services of Mark Honebrink on an as -needed as required basis to provide
senior management level support to the DGM, EM&C senior staff, and the Strategic
Initiatives Department. Mr. Honebrink will be supporting SEPTA's response to the
COVID-19 pandemic in the following key initiatives:
1. Management, tracking and reporting of SEPTA personnel during the
COVID-19 response.
2. Development and management of policies and procedures in response to
COVID-19.
3. Implementation and coordination within relevant areas of SEPTA's
recovery Program.
4. Supplemental support of standard business functions of the EM&C
Administration & Finance and Strategic Initiatives Department while those
groups are assisting with COVID-19 response and recovery program.
Honebrink, 20-030
Page 14
Estimated requirement of 416 hours annually. Work will mainly take place at
SEPTA's 1234 Market Street headquarters.
Deliverables will take the form of Mark Honebrink's work effort as directed by
DGM Robert Lund or his designee. This may include attendance at meetings,
writing reports and policies, conducting analyses, providing guidance to
Departmental staff, preparing policies, program plans, forecasts, etc.
Mr. Honebrink will provide a weekly timesheet detailing his work effort and time
broken down by any/all relevant SEPTA labor account codes.
43. On or around .Tune 5, 2020, Rosario advised Frary that SEPTA authorized Michael Baker
International to proceed with the Task Order on Temporary Support in Response to
COVID-19.
44. Timecard entry reports for Honebrink for the consulting services that he performed for
SEPTA on behalf of Michael Baker International as part of GECCM-19A-13, Temp. Supp
(H02), Project Number 179084 were as follows:
Date Weekday Hours Project Name Project Number Task Name
6/8/2020 Monday 8 GECCM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/9/2020 Tuesday 8 GEC -CM- 1 9A- 13 Temp Supp (1102) 179094 Mark Honebrink
6/10/2020 Wednesday 8 GEC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/11/2020 Thursday 8 GEC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/12/2020 Friday 8 6EC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/15/2020 Monday 8 GEC -CM- 19A- 13 Temp Supp (H02) 179084 Mark Honebrink
6/16/2020 Tuesday 8 GEC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/17/2020 Wednesday 8 GECCM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/18/2020 'Thursday 8 GEC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/19/2020 Friday 8 GEC-CM-19A-13 Temp Supp (1102) 179084 Mark Honebrink
6/22/2020 Monday 8 GEC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
6/23/2020 Tuesday 8 GEC-CM-19A-13 Temp Supp (H02) 179084 Mark Honebrink
Total 96
a. The hours submitted by Honebrink were related to assistance he provided to
SEPTA as an employee of Michael Baker International.
45. Michael Baker International billed SEPTA a total of $15,140.31 for the consulting work
performed by Honebrink as part of Task Order GEC-CM-19A-13, Temporary Support in
Response to COVID-19 as follows:
Date
Invoice
No.
Amount Paid to
MBI
Total
Hours
Rate of
Pay__Honebrink
Amount Paid to
7/13/2020
1088797
$14,383.29
96
$60.00
$5,760.00
7/24/2020
1089912
$757.00
0
$60.00
$0
Total
$15,140.29
1 96
Total
$5,760.00
Honebrinlc, 20-030
Page 15
a. Payments included $5,760.00 for the hours charged by Honebrink.
b. Costs for overhead and fees were $9,380.29.
46. Honebrink performed consulting services on behalf of Michael Baker International for
SEPTA within one year of retiring from SEPTA.
a. Honebrink retired from SEPTA effective January 31, 2020.
b. Honebrink began consulting for SEPTA on March 16, 2020, and continued through
June 23, 2020.
1. Some of the services performed by Honebrink related to matters Honebrink
worked on as a SEPTA employee.
47. Between March 5, 2020, and May 14, 2020, staff of the State Ethics Commission provided
in -person and Webex training to SEPTA officials that included members of the Office of
General Counsel.
The training was related to the Pennsylvania Public Official and Employee Ethics
Act, 65 Pa. C.S. § 1101 et seq.
b. This included training on Section 1103(g), Restricted Activities, that no former
public official or public employee shall represent a person with promised or actual
compensation, on any matter before the governmental body with which he has been
associated for one year after he leaves that body. 65 Pa.C.S. § 1103(g).
C. Based on these presentations, SEPTA legal staff concluded that Honebrinlc's
representation may violate Section 1103 (g).
48. On or around June 26, 2020, at the direction of Benedetti, the Michael Baker International
GEC Task Orders, GEC-CM-19A-13 and GEC-CM-19A-10, were canceled.
a. The task orders were canceled following the presentations made by State Ethics
Commission staff.
49. On December 15, 2020, a telephonic interview was conducted with Benedetti by a member
of the investigative staff of the State Ethics Commission during which he provided the
following information:
a. Benedetti admitted making a mistake in the legal opinion/letter he provided to
Honebrink authorizing him to work as a consultant for SEPTA through Michael
Baker International within one year of retiring from SEPTA;
b. Benedetti admitted the mistake was an incorrect interpretation of the State Ethics
Act;
C. Benedetti realized making a mistake in or around either March or May 2020, after
meeting and consulting with at the time Investigative Counsel Jeff Frankenburger
and Deputy Executive Director/Director of Investigations Brian Jacisin from the
Honebrink, 20-030
Page 16
State Ethics Commission, when they were providing training to SEPTA officials;
and
d. Benedetti requested that he be the one held accountable by the State Ethics
Commission and not Honebrink due to the legal advice he gave to Honebrink.
50. W-2 Wage and Tax Statements for Honebrink for 2020 from Michael Baker International
and SEPTA reflected the following compensation:
Name Amount
Michael Baker International $100,707.72
SEPTA $58,451.46
a. The compensation Honebrink received from Michael Baker International in 2020
was for serving as a consultant to SEPTA and other entities.
b. The compensation Honebrink received from Michael Baker International in 2020
related to consulting work he performed for SEPTA was $30,720.00.
51. On March 3, 2021, Honebrink was interviewed by a member of the investigative staff of
the State Ethics Commission during which he provided the following information:
a. Honebrink retired from SEPTA effective January 31, 2020;
b. Honebrink served as a part-time pensioner with SEPTA for the month of February
2020;
C. Honebrink planned on starting with Michael Baker International as a consultant on
or around March 1, 2020;
d. Honebrink confirmed receiving a letter dated February 7, 2020, from Benedetti,
advising him he could serve as a consultant for SEPTA with Michael Baker
International if it was part of a task order or email;
e. After Honebrink started with Michael Baker International he was asked by Lund to
come back and assist SEPTA;
f. Honebrink confirmed he assisted SEPTA with Michael Baker International as part
of an internal investigation being conducted by SEPTA that included being
involved in elements of a disciplinary process for managers of SEPTA;
g. Honebrink believed that he did not intentionally violate the State Ethics Act in
appearing before SEPTA as an employee of Michael Baker International;
h. Honebrink had worked for SEPTA for 38 years, and after retiring, he was asked to
come back and help;
Honebrink, 20-030
Page 17
i. Honebrink was aware of the provisions of Section 1103(g) but relied on the advice
of Benedetti along with Lund when he performed the consulting work for SEPTA
on behalf of Michael Baker International; and
j . Honebrink did not believe he was benefitting personally from the work he
performed for SEPTA with Michael Baker International because he was assisting
other entities that included AMTRAK,
52. Honebrink, as a former public employee with SEPTA, appeared before SEPTA as an
employee of Michael Baker International while being compensated on matters before
SEPTA, his former governmental body, within one year after leaving SEPTA.
a. Honebrinlc's services included meeting with SEPTA official s/employe es and
submitting reports/documents.
THE FOLLOWING FINDINGS RELATE TO HONEBRINK FILING A DEFICIENT
STATEMENT OF FINANCIAL INTERESTS FOR CALENDAR YEAR 2017 WHEN HE
FAILED TO DISCLOSE GIFTS, TRANSPORTATION, LODGING AND HOSPITALITY
AND WHEN HE FAILED TO FILE A STATEMENT OF FINANCIAL INTERESTS FOR
THE 2019 CALENDAR YEAR.
53. Honebrink, in his official capacity as the Senior Director of Administration and Finance
for SEPTA, was annually required to file a Statement of Financial Interests ("SFI") form
by May 1" containing information for the prior calendar year.
54. Honebrink was required to file SFIs for calendar years 2017 through 2019 while serving
as the Senior Director of Administration and Finance for SEPTA.
55. Honebrink was provided with filing reminders and the forms by the Human Resources
Office of SEPTA.
56. Honebrink filed SFIs with the SEPTA Hyman Resources Office for calendar years 2017
and 2018 with the following disclosures:
a. Calendar Year: (2019) Wrong calendar year listed as it should have been 2018.
Date Filed: 4/19/19
Public Position: Sr. Dir Admin. & Finance
Governmental Entity: SEPTA
Occupation or Profession: SEPTA Dir. Admin. & Finance
Real estate Interests: None
Creditors: None
Direct or Indirect Sources of Income: SEPTA
1234 Market St.
Phila., PA 19107
Gifts: None
Transportation, Lodging, Hospitality: None
Office Directorship or Employment
in any Business: None
Honebrink, 20-030
Page 18
Financial Interests in any Legal Entity in
Business for Profit:
Business Interests Transferred to Immediate
Family Member:
b. Calendar Year: 2017
Date Filed: 4/9/18
Public Position:
Governmental Entity:
Occupation or Profession:
Real estate Interests:
Creditors:
Direct or Indirect Sources of Income:
Gifts:
Transportation, Lodging, Hospitality:
Office Directorship or Employment
in any Business:
Financial Interests in any Legal Entity in
Business for Profit:
Business Interests Transferred to Immediate
Family Member:
None
None
No response
SEPTA
Sr. Dir. Admin. & Finance
None
None
SEPTA
1234 Market St.
Phila., PA 19107
No Response
No Response
None
None
None
57. On the SFI Honebrink filed for calendar year 2017, he failed to provide any answer to
questions regarding receipt of gifts and transportation, lodging and hospitality.
58. Honebrink failed to file an SFI for calendar year 2019 by May 1, 2020.
59. After meeting with investigative staff of the State Ethics Commission on March 3, 2021,
Honebrink filed amended SFIs for calendar years 2017 and 2018 and SFIs for calendar
years 2019 and 2020 that reflected the following information:
a. Calendar Year:
Date Filed:
Public Position:
Governmental Entity:
Occupation or Profession:
Real estate Interests:
Creditors:
Direct or Indirect Sources of Income
Gifts:
Transportation, Lodging, Hospitality:
2017
3/5/21
Sr. Dir Admin. & Finance
SEPTA
SEPTA Dir. Admin. & Finance
None
None
SEPTA
1234 Market St.
Phila., PA 19107
None
None
Honebrinlc, 20-030
Page 19
Office Directorship or Employment
in any Business: None
Financial Interests in any Legal Entity in
Business for Profit: None
Business Interests Transferred to Immediate
Family Member: None
b. Calendar Year:
2018
Date Filed:
3/5/21
Public Position:
Sr. Dir. Admin & Finance
Governmental Entity:
SEPTA
Occupation or Profession:
Sr. Dir. Admin. & Finance
Real estate Interests:
None
Creditors:
None
Direct or Indirect Sources of Income:
SEPTA
1234 Market St.
Phila., PA 19107
Gifts:
None
Transportation, Lodging, Hospitality:
None
Office Directorship or Employment
in any Business:
None
Financial Interests in any Legal Entity in
Business for Profit: None
Business Interests Transferred to Immediate
Family Member: None
C. Calendar Year:
2019
Date Filed:
3/5/21
Public Position:
Sr. Dir. Admin & Finance
Governmental Entity:
SEPTA
Occupation or Profession:
Sr. Dir. Admin. & Finance
Real estate Interests:
None
Creditors:
None
Direct or Indirect Sources of Income:
SEPTA
1234 Market St.
Phila., PA 19107
Gifts:
None
Transportation, Lodging, Hospitality:
None
Office Directorship or Employment
in any Business:
None
Financial Interests in any Legal Entity in
Business for Profit:
None
Business Interests Transferred to Immediate
Family Member:
None
Honebrink, 20-030
Page 20
d. Calendar Year:
Date Filed:
Public Position:
Governmental Entity:
Occupation or Profession:
Real estate Interests:
Creditors:
Direct or Indirect Sources of Income:
Gifts:
Transportation, Lodging, Hospitality:
Office Directorship or Employment
in any Business:
2020
3/11/21
Sr. Dir. Admin & Finance
SEPTA
Sr. Dir. Admin. & Finance
None
None
SEPTA
1234 Market St.
Phila., PA 19107
Michael Baker Intl.
1818 Market St., Suite 3110
Phila, PA 19103
None
None
None
Financial Interests in any Legal Entity in
Business for Profit: None
Business Interests Transferred to Immediate
Family Member:
III. DISCUSSION:
None
As the Senior Director of Administration and Finance for the Southeastern Pennsylvania
Transportation Authority ("SEPTA") from approximately 1994 until February 29, 2020,
Respondent Mark Honebrink, also referred to herein as "Respondent," "Respondent Honebrink,"
and "Honebrink," was a public employee subject to the provisions of the Public Official and
Employee Ethics Act ("Ethics Act"), 65 Pa. C.S. § 1101 et seq.
The allegations are that Honebrink violated Sections 1103(g), 1104(a), 1105(b)(6), and
1105(b)(7) of the Ethics Act when, following his retirement from. SEPTA, he represented himself
and/or another entity before SEPTA within one year of leaving public service; when he failed to
file a Statement of Financial Interests ("SFI") for the 2019 calendar year; and when he failed to
disclose on his 2017 calendar year SFI gifts, transportation, lodging, and hospitality.
Section 1103(g) of the Ethics Act prohibits a former public official/public employee from
representing a person with promised or actual compensation on any matter before the
governmental body with which he has been associated for a period of one year after he leaves that
body:
§ 1103. Restricted activities
(g) Former official or employee. —No former public
official or public employee shall represent a person, with promised
or actual compensation, on any matter before the governmental body
Honebrink, 20-030
Page 21
with which he has been associated for one year after he leaves that
body.
65 Pa.C.S. § 1103(g). The terms "represent, "person," "governmental body," and "governmental
body with which a public official or public employee is or has been associated" are specifically
defined in the Ethics Act as follows:
§ 1102. Definitions
"Represent." To act on behalf of any other person in any
activity which includes, but is not limited to, the following: personal
appearances, negotiations, lobbying and submitting bid or contract
proposals which are signed by or contain the name of a former
public official or public employee.
"Person." A business, governmental body, individual,
corporation, union, association, firm, partnership, committee, club
or other organization or group of persons.
"Governmental body." Any department, authority,
commission, committee, council, board, bureau, division, service,
office, officer, administration, legislative body or other
establishment in the executive, legislative or judicial branch of a
state, a nation or a political subdivision thereof or any agency
performing a governmental function.
"Governmental body with which a public official or
public employee is or has been associated." The governmental
body within State government or a political subdivision by which
the public official or employee is or has been employed or to which
the public official or employee is or has been appointed or elected
and subdivisions and offices within that governmental body.
65 Pa.C.S. § 1102.
Section 1 I04(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 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)(6) of the Ethics Act requires the
filer to disclose on the SFI the name and address of the source and the amount of any gift or gifts
valued in the aggregate at $250 or more and the circumstances of each gift.
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
Honebrink, 20-030
Page 22
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.
SEPTA is a regional public transportation authority that operates bus, rapid transit,
commuter rail, light rail, and electronic trolleybus services for nearly 4 million people in and
around Philadelphia, Pennsylvania. Honebrink was employed with SEPTA from approximately
December 1981 until February 29, 2020. Honebrink began serving as the Senior Director of
Administration and Finance for SEPTA in approximately 1994. The position of Senior Director
of Administration and Finance was organizationally located in SEPTA's Division of Engineering,
Maintenance and Construction, and Honebrink directly reported to Robert Lund ("Lund"),
SEPTA's Assistant General Manager for the Division of Engineering, Maintenance and
Construction.
Beginning in or around July 2019, the Inspector General of SEPTA began an internal
investigation of managers of SEPTA's Division of Engineering, Maintenance and Construction in
relation to procurement fraud and theft of property. Honebrink, as the Senior Director of
Administration and Finance, assisted with the internal investigation with respect to the disciplinary
process for the managers.
Michael Baker International, Inc. ("Michael Baker International") is a leading provider of
engineering and consulting services. Michael Baker International has nearly 100 offices in the
United States and has regularly contracted with SEPTA to provide multiple services.
On or around July 9, 2019, a consultant agreement for architectural/engineering services
was entered into by SEPTA and Michael Baker International. On or around July 10, 2019, SEPTA
Purchase Order S919454 (the "SEPTA Purchase Order") was issued for the provision of General
Engineering Consultant (GEC) Construction Management and Inspection Services by Michael
Baker International, with services to be performed on a task order basis over a three-year period
at a total cost not to exceed $S million.
In or around November 2019, Honebrink was considering retiring from SEPTA by the end
of 2019. At the time, Honebrink was being considered for employment with Michael Baker
International. On or around December 3, 2019, Honebrink received a letter from Lydia Grose,
Vice -President of Michael Baker International, which offered him employment as a Project
Control Specialist IV in Michael Baker International's office in Philadelphia, Pennsylvania, with
a target start date of January 6, 2020.
On or around December 3, 2019, Honebrink advised Lund that he would be retiring from
SEPTA effective December 31, 2019, to begin employment with Michael Baker International.
After Lund requested that Honebrink delay his retirement from SEPTA until January 2020 to assist
with personnel matters concerning the SEPTA internal investigation, Honebrink delayed his
retirement until January 31, 2020. Honebrink then worked for SEPTA as a part-time annuitant
until February 29, 2020.
Honebrinlc, 20-030
Page 23
After Honebrink advised SEPTA that he would be retiring from SEPTA to begin
employment with Michael Balser International, Lund authorized SEPTA General Counsel Gino
Benedetti ("Benedetti") to provide Honebrink with a written determination as to Honebrink's
ability to provide services to SEPTA as an employee of Michael Balser International. Honebrink
subsequently received a letter from Benedetti dated February 7, 2020, in which Benedetti stated
that SEPTA's ethics policy and the Ethics Act would prohibit Honebrink from providing services
to SEPTA for Michael Baker International for a one-year period from February 29, 2020.
Benedetti erroneously advised Honebrink that he "may provide services to SEPTA as an MBI
consultant before March 1, 2021, only if expressly requested by SEPTA in the form of a task order
or e-mail." Neither SEPTA nor Honebrink sought an opinion from the Pennsylvania State Ethics
Commission with regard to Honebrink being utilized as a consultant for SEPTA through Michael
Baker International.
Lund, who was copied on Benedetti's letter, approved utilizing Honebrink as a consultant
for SEPTA through Michael Baker International with regard to personnel matters related to the
ongoing SEPTA internal investigation. On February 28, 2020, Matthew Dooner ("Dooner"),
SEPTA Senior Procurement Officer for Procurement, Supply Chain and DBE, submitted a letter
to Eric Frary ("Frary"), Vice -President of Michael Baker International, which granted Michael
Baker International limited work authorization under the SEPTA Purchase Order and SEPTA Task
Order GEC-CM-19A-10, Administration and Finance Support ("Task Order GEC-CM-19A-10")
in relation to SEPTA's utilization of Honebrink's consulting services. On March 2, 2020, Edward
LaGuardia ("LaGuardia"), Project Manager for Michael Baker International, submitted a proposal
to Dooner under Task Order GEC-CM-19A-10 for the retention of Honebrink's services on an as -
needed basis. The proposal provided that Honebrink would furnish senior management level
support to SEPTA in relation to various key initiatives and that his work would mainly take place
at SEPTA's headquarters under the direction of Lund or his designee. The proposal further
provided that Honebrink would work an estimated total of 416 hours at a cost not to exceed
$65,608.00. On or around March 11, 2020, Dooner advised Frary that SEPTA authorized Michael
Baker International to proceed under Task Order GEC-CM-19A-10.
Between March 16, 2020, and June 2, 2020, Honebrink performed a total of 416 hours of
consulting work for SEPTA under Task Order GEC-CM-19A-10. Michael Baker International
billed SEPTA a total of $62,367.60 for the consulting work that Honebrink performed under Task
Order GEC-CM-19A-10. Based upon Honebrink's pay rate of $60.00 per hour as a Project Control
Specialist IV for Michael Baker International, Honebrink was paid a total of $24,960.00 for his
consulting work under Task Order GEC CM- I9A-10.
In or around April 2020, SEPTA and unions representing SEPTA employees began
negotiations over safety protections for drivers and other employees working during the COVID-
19 pandemic. Lund decided to utilize Michael Baker International to assist with SEPTA's
response to the COVID-19 pandemic. On or about May 22, 2020, Lund created and approved
SEPTA Task Order GEC-CM-19A-13, Temporary Support in Response to COVID-19 ("Task
Order GEC-CM-19A- 13 "), for Michael Baker International's services for an estimated total of 416
hours at an estimated cost of $62,699.52. On May 26, 2020, SEPTA Procurement Officer Joel
Rosario ("Rosario") forwarded a letter to Frary which requested that Michael Baker International
submit to SEPTA a technical and cost proposal for work related to SEPTA's response to the
COVID-19 pandemic. LaGuardia subsequently submitted a proposal to SEPTA for the retention
of Honebrink's services on an as -needed basis. The proposal provided that Honebrink would
Honebrink, 20-030
Page 24
furnish senior management level support to SEPTA in relation to various key initiatives pertaining
to SEPTA's response to the COVID-19 pandemic and that his work would mainly take place at
SEPTA's headquarters under the direction of Lund or his designee. The proposal further provided
that Honebrink would work an estimated total of 416 hours. On or around June 5, 2020, Rosario
advised Frary that SEPTA authorized Michael Baker International to proceed with Task Order
GEC-CM-19A-13.
Timecard entry reports for Honebrink reflect that he performed a total of 96 hours of
consulting work for SEPTA under Task Order GEC -CM- I 9A- 13 between June 8, 2020, and June
23, 2020. Michael Baker International billed SEPTA a total of $15,140.31 for the consulting work
that Honebrink performed under Task Order GEC-CM-19A-13. Based upon Honebrink's pay rate
of $60.00 per hour as a Project Control Specialist IV for Michael Baker International, Honebrink
was paid a total of $5,760.00 for his consulting work under Task Order GEC-CM-19A-13.
Between March 5, 2020, and May 14, 2020, staff of the State Ethics Commission made
presentations to SEPTA officials, including members of SEPTA's Office of General Counsel. The
presentations included information on the post -employment restrictions of Section I I03(g) of the
Ethics Act. Based on these presentations, SEPTA legal staff concluded that Honebrink's provision
of consulting services to SEPTA might be a violation of Section 1103(g) of the Ethics Act. On or
around June 26, 2020, at the direction of Benedetti, Task Order GEC-CM-19A-10 and Task Order
GEC-CM-19A-13 were canceled. In an interview with a member of the investigative staff of the
State Ethics Commission, Benedetti admitted that he incorrectly interpreted the Ethics Act when
he advised Honebrink that he could work as a consultant for SEPTA through Michael Baker
International within one year of retiring from SEPTA.
Honebrink, as the Senior Director of Administration and Finance for SEPTA, was required
to file an SFI by May 1 annually containing information for the prior calendar year. Honebrink
failed to provide any answers to questions regarding receipt of gifts and transportation, lodging
and hospitality on his SFI for calendar year 2017, and he failed to file an SFI for calendar year
2019 by May 1, 2020. After meeting with investigative staff of the State Ethics Commission on
March 3, 2021, Honebrink filed amended SFIs for calendar years 2017 and 2018 as well as SFIs
for calendar years 2019 and 2020. Per the Consent Agreement, the parties are in agreement that
Honebrink is not required to file any additional SFIs.
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(g) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. § 1103(g),
occurred in relation to Honebrink's representation of
Michael Baker International for compensation before
SEPTA within one year of his departure from SEPTA.
Honebrink, 20-030
Page 25
b. That a violation of Sections 1104(a) and 1105(b)(6) and
(7) of the Public Official and Employee Ethics Act, 65
Pa.C.S. §§ 1104(a) and 1105(b)(6) and (7), occurred when
Honebrink failed to file a Statement of Financial Interests
for the 2019 calendar year; and when he failed to disclose
gifts, transportation, lodging, and hospitality on his 2017
calendar year Statement of Financial Interests.
4. Honebrink agrees to make payment in the amount of $250,00 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Commission, within thirty (30) days of the issuance of the final
adjudication in this matter. This $250.00 represents a civil penalty
for Honebrink's Statement of Financial Interests violations in
paragraph 3(b) of this agreement.
a. There is no restitution or penalty associated with the 1103(g)
technical violation because Honebrink received a letter from
SEPTA General Counsel advising him that he could serve as
a consultant for SEPTA with Michael Baker International.
5. Honebrink filed amended Statements of Financial Interests for
calendar years 2017 and 2018 on March 5, 2021. Honebrink filed
Statements of Financial Interests for calendar years 2019 and 2020
on the same day. As such, no further Statements of Financial
Interests are required to be filed.
6. Honebrink agrees to not accept any reimbursement, compensation
or other payment from the Southeastern Pennsylvania
Transportation Authority (SEPTA) representing a full or partial
reimbursement of the amount paid in settlement of this matter.
7. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other authority
to take action in this matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement actions in the
event of Respondent's failure to comply with this agreement or the
Commission's order or cooperating with any other authority who
may so choose to review this matter further.
Consent Agreement, at 1 -2.
We accept the recommendation of the parties for a finding that a technical violation of
Section 1103(g) of the Ethics Act occurred in relation to Honebrink's representation of Michael
Baker International for compensation before SEPTA within one year of his departure from
SEPTA.
Honebrink, 20-030
Page 26
Section 1103(g) of the Ethics Act prohibits a former public official/public employee from
representing a person with promised or actual compensation before the governmental body with
which he has been associated for a period of one year after he leaves that body. The term "person"
is defined to include, inter alia, corporations and other businesses.
When Honebrink terminated employment with SEPTA on February 29, 2020, he became
a former public employee subject to the restrictions of Section 1103(g) of the Ethics Act. Pursuant
to Section 1103(g) of the Ethics Act, during the first year following termination of Honebrink's
employment with SEPTA, Honebrink was prohibited from representing a "person" —including
but not limited to his new employer, Michael Baker International —before SEPTA with promised
or actual compensation.
After Honebrink terminated employment with SEPTA and began employment with
Michael Baker International as a Project Control Specialist IV, SEPTA authorized Michael Baker
International to proceed under two SEPTA Task Orders that retained Honebrink's consulting
services on an as -needed basis. Between March 16, 2020, and June 23, 2020, Honebrink
performed a total of 416 hours of consulting work for SEPTA under Task Order GEC-CM-19A-
10 in relation to various SEPTA key initiatives. Honebrink additionally performed a total of 96
hours of consulting work for SEPTA under Task Order GEC-CM-19A-13 in relation to SEPTA's
response to the COVID-19 pandemic. Honebrink's consulting work was performed during the
one-year period following termination of his employment with SEPTA on February 29, 2020.
Honebrink was paid a grand total of $30,720.00 for his consulting work under Task Order
GEC-CM-19A-10 and Task Order GEC-CM-19A-13. Honebrink performed his consulting work
for SEPTA under the Task Orders after he received a letter from SEPTA's General Counsel which
erroneously informed him that he would be permitted to provide services to SEPTA for Michael
Baker International before March 1, 2021, if SEPTA expressly requested his services through a
Task Order or an email.
Based upon the Stipulated Findings and the Consent Agreement, we hold that Honebrink
technically violated Section 1103(g) of the Ethics Act, 65 Pa.C.S. § 1103(g), in relation to his
representation of Michael Baker International for compensation before SEPTA within one year of
his departure from SEPTA.
We agree with the parties, and we hold, that a violation of Sections 1104(a) and
I I05(b)(6) and (7) of the Ethics Act, 65 Pa.C.S. §§ I I04(a) and 1 I05(b)(6) and (7), occurred
when Honebrink failed to file an SF1 for calendar year 2019, and when he failed to disclose
gifts, transportation, lodging, and hospitality on his SFI for calendar year 2017.
As part of the Consent Agreement, the parties have agreed that no restitution or payment
of a penalty will be ordered in association with the Section 1103(g) technical violation because
Honebrink received a letter from SEPTA's General Counsel advising him that he could serve as a
consultant for SEPTA with Michael Baker International.
As part of the Consent Agreement, Honebrink has agreed to make payment in the
amount of $250.00 payable to the Commonwealth of Pennsylvania, representing a civil penalty
Honebrink, 20-030
Page 27
for his SFI violation(s), with such payment to be forwarded to this Commission within thirty
(30) days of the issuance of the final adjudication in this matter.
Honebrink agrees to not accept any reimbursement, compensation or other payment from
SEPTA representing a full or partial reimbursement of the amount paid in settlement of this matter.
We determine that the Consent Agreement submitted by the parties sets forth a proper
disposition for this case, based upon our review as reflected in the above analysis and the totality
of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Honebrink is directed to make
payment in the amount of $250.00 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.
No restitution or payment of a penalty will be ordered in association with the Section
1103(g) technical violation because Honebrink received a letter from SEPTA's General Counsel
advising him that he could serve as a consultant for SEPTA with Michael Baker International.
Per the Consent Agreement of the parties, Honebrink is directed to not accept any
reimbursement, compensation or other payment from SEPTA 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 the Senior Director of Administration and Finance for the Southeastern Pennsylvania
Transportation Authority ("SEPTA") from approximately 1994 until February 29, 2020,
Respondent Mark Honebrink ("Honebrink") was a public employee subject to the
provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
1101 et se .
2. Honebrink technically violated Section I I03(g) of the Ethics Act, 65 Pa.C.S. § 1103(g), in
relation to his representation of Michael Baker International, Inc. for compensation before
SEPTA within one year of his departure from SEPTA.
3. A violation of Sections 1104(a) and 1105(b)(6) and (7) of the Ethics Act, 65 Pa.C.S. §§
1104(a) and 1105(b)(6) and (7), occurred when Honebrink failed to file a Statement of
Financial Interests for calendar year 2019, and when he failed to disclose gifts,
transportation, lodging, and hospitality on his Statement of Financial Interests for
calendar year 2017.
In Re: Mark Honebrink, File Docket: 20-030
Respondent Date Decided: 9/14/21
Date Mailed: 9/16/21
ORDER NO. 1795
Mark Honebrink, a public employee in his capacity as the Senior Director of
Administration and Finance for the Southeastern Pennsylvania Transportation Authority
("SEPTA") from approximately 1994 until February 29, 2020, technically violated Section
1103(g) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. §
1103(g), in relation to his representation of Michael Baker International, Inc. for
compensation before SEPTA within one year of his departure from SEPTA.
2. A violation of Sections 1104(a) and 1105(b)(6) and (7) of the Ethics Act, 65 Pa.C.S. §§
I I04(a) and 1105(b)(6) and (7), occurred when Honebrink failed to file a Statement of
Financial Interests for calendar year 2019, and when he failed to disclose gifts,
transportation, lodging, and hospitality on his Statement of Financial Interests for
calendar year 2017.
Per the Consent Agreement of the parties, Honebrink is directed to make payment in the
amount of $250.00 payable to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30") day after the
mailing date of this Order.
a. No restitution or payment of a penalty will be ordered in association with the
Section 1103(g) technical violation because Honebrink received a letter from
SEPTA's General Counsel advising him that he could serve as a consultant for
SEPTA with Michael Baker International, Inc.
4. Per the Consent Agreement of the parties, Honebrink is directed to not accept any
reimbursement, compensation or other payment from SEPTA representing a full or partial
reimbursement of the amount paid in settlement of this matter.
Compliance with paragraphs 3 and 4 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,
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Nicholas A. Colafella, Chai