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HomeMy WebLinkAbout1805 NegraPHONE: 717-783.-1610 T01.1 FIREE1­800-932-0936 In Re: Michael Negra, Respondent STNTE ETHICS COMMISSION FINANCE BUILDING 613, NORTH STREET, ROOM 309 HARRISBURG, r)A'17"120-0400 File Docket: -ref; Date Date Decided: Date Mailed: 1"ACSIMILL 717-787-0806 WEBSITE: mLwweth ijj&( joy 21-006 Order No. 1805 6/28/22 6/29,/22 Before: Mark R. Corrigan, Acting Chair Roger Nick Melanie DePalma Michael A. Schwartz Shelley Y. Simms Rhonda Hill Wilson Paul Parsells 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. § I 101 et sue., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint.'" A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. 1. ALLEGATIONS: That Michael Negra, a public official/public employee in his capacity as a Member of the Pennsylvania Liquor Control Board ("PLCB"), brought into question in relation to Sections 1103(a) and 1105(b)(5) of the Ethics Act: (1) Whether he used the authority of his public position and/or confidential information obtained through his public position for the private pecuniary benefit of himself and/or a member of his immediate family, when he obtained information not obtainable from reviewing a public document or making inquiry to a publicly available source of information as a result of his public position, and used that information to purchase, at list price, alcohol that was limited in quantity; Negra, 2I-006 Page 2 (2) Whether he participated in discussions and decisions of the PLCB resulting in the elimination of the second lottery requirements of the lottery terms and conditions; and (3) Whether he failed to disclose all reportable income on Statements of Financial Interests for calendar years 2018, 2019, and 2020. 111. FINDINGS: 1. Michael Negra ("Negra") was nominated to the Pennsylvania Liquor Control Board ("PLCB") in 2014 by Governor Tom Corbett and confirmed by the Pennsylvania Senate. a. Negra was nominated for a second term by Governor Tom Wolf in 2018 and confirmed again by the Pennsylvania Senate. b. PLCB Members serve a four-year term and are required to be re -nominated. 2. The PLCB is governed by a three -Member Board appointed by the Governor and confirmed by two-thirds of the Pennsylvania Senate. a. The PLCB appoints an Executive Director. 3. The PLCB oversees the PLCB Executive Director who supervises all PLCB employees and executives. 4. The mission of the PLCB is to responsibly sell wine and spirits as a retailer and wholesaler, regulate Pennsylvania's alcohol industry, promote alcohol education and social responsibility, and maximize financial returns for the benefit of all Pennsylvanians. 5. The PLCB regulates the manufacture, importation, sale, distribution and disposition of liquor, alcohol, and malt or brewed beverages in the Commonwealth. THE FOLLOWING FINDINGS PERTAIN TO THE PLCB LIMITED -RELEASE LOTTERY PROCESS. 6. The PLCB is statutorily mandated to ensure the equitable distribution of alcoholic beverages to licensee businesses and consumers within the Commonwealth. a. The PLCB employs an Executive Director who supervises the PLCB's operations. b. The PLCB is the only retail seller of spirits in the Commonwealth. 7. The PLCB conducts allocated spirit lottery drawings, also known as Limited -Release Lotteries. Negra, 21-006 Page 3 8. The purpose of the Limited -Release Lotteries is to fairly and equitably distribute the ability to purchase high -end, limited quantity wine and spirits to both individuals and licensees within the Commonwealth. 9. Individuals and licensees who wish to purchase limited quantity products may enter the Limited -Release Lotteries. 10. In order to enter the Limited -Release Lotteries, Commonwealth citizens must register on the PLCB's finewineandgoodspirits.com website ("FW&GS website") and must accept the terms and conditions. 11. The PLCB posts the Limited -Release Lottery terms and conditions on the FW&GS website. a. The PLCB Limited -Release Lottery Terms and Conditions for Participation by Individual Customers ("Limited -Release Lottery Terms and Conditions") were last updated on October 31, 2019. b. The Limited -Release Lottery Terms and Conditions provide for the following: I . Limited -Release Lottery winners are selected randomly through a computer algorithm; 2. Limited -Release Lottery winners must be Pennsylvania residents and be twenty-one years of age to enter; and 3. Limited -Release Lottery winners are permitted to purchase no more than one Limited -Release Lottery item per individual or household. 12. Leftover Limited -Release Lottery items will be released for general sale on the FW&GS website "or will otherwise be sold by the PLCB in the manner it deems most appropriate based on operational needs." 13. PLCB employees and officials may enter Limited -Release Lotteries and may purchase Limited -Release Lottery items if they are selected as a Limited -Release Lottery winner. The Limited -Release Lottery Terms and Conditions do not exempt PLCB officials and employees from the Limited -Release Lottery Terms and Conditions. a. Negra and multiple PLCB employees/executives have entered Limited -Release Lotteries in the past. 14. Prior to each Limited -Release Lottery, the PLCB issues a press release that details the entry period, rules to enter, items available, prices for each item, and the total quantity to be made available to both individual customers and licensees. 15. A Limited -Release Lottery winner is contacted by email and given the opportunity to purchase the Limited -Release Lottery item through the FW&GS website. N�,ra, 21-006 Page 4 16. Limited -Release Lottery items are shipped to a winner's address or a designated FW&GS store from the PLCB Fulfillment Center (East Greenville Business Center, 668 Gravel Pike, Suite 500, East Greenville, PA 18041) after receipt of payment. 17. The quantity of Limited -Release Lottery items that remain in inventory following a Limited -Release Lottery is not released to the public through press releases or any other method of communication. 18. Under the "Second Drawings and General Sale" section of the Limited -Release Lottery Terms and Conditions, remaining Limited -Release Lottery items are to be made available during a second drawing, on the E-Commerce website, or otherwise sold by the PLCB in the manner it deems most appropriate. a. "If a winning entrant's order is unable to be processed because of payment issues, or if the entry of a winning entrant is determined to no longer be eligible for any other reason, the time associated with that order or entry may be subject to a second drawing, to the extent that any other eligible entries remain in the applicable individual consumer drawing pool for that product code. If a second drawing is not conducted, then any remaining items of any product code will be released for general sale on the FW&GS website on a first -come, first -served basis, or will otherwise be sold by the PLCB in the manner it deems most appropriate based on operational needs. The one -bottle -per -individual consumer and one bottle -per - household or billing -address restrictions will continue to apply to the general sale or any other sales offers. Entrants selected as winners during a Lottery will not be eligible to purchase products through the general sale or any other sales offers." 19. The total number of Limited -Release Lotteries varies from year to year. 20. Prior to July 2019, Dale Horst ("Horst"), the PLCB Director Marketing and Merchandising, recommended to the PLCB and PLCB executives to forgo a second Limited -Release Lottery drawing. a. Horst made the recommendation based on operational needs and to save money. 1. Horst informed the PLCB and PCLB executives that due to the cost and time to conduct a second drawing for a few items, it made the most business sense to discontinue it. 2. Instead of a second drawing, the remaining Limited -Release Lottery items could be made available on a first -come, first -served basis on the FW&GS website. b. No official vote was taken by the PLCB to discontinue a second Limited -Release Lottery drawing. Negra, 21-006 Page 5 Negra was a Member of the PLCB when the unofficial action was taken to follow Horst's recommendation to discontinue the second lottery. 21. On July 24, 2019, Horst and Negra communicated by email regarding "left -over" bottles available from the July 10, 2019, Limited -Release Lottery. Horst initiated an email to Negra advising of left over items from the July Limited -Release Lottery and inquiring if Negra was interested in making a purchase. a. The first Limited -Release Lottery where a second drawing did not occur was the July 10, 2019, Limited -Release Lottery. 22. Horst made similar offers to other PLCB executives and employees a. Horst made such offers to PLCB employees and executives in 2019 and again in 2020. 23. On several occasions, Negra, after completion of the Limited -Release Lottery, used personal funds to purchase bottles of liquor at full retail price. 24. During a September 22, 2021, investigative interview, Negra acknowledged purchasing Limited -Release Lottery items at full cost after the Limited -Release Lottery was complete. 25. PLCB Chairman Timothy Holden ("Holden") was contacted on June 28, 2020, by Pennsylvania Secretary of Administration Michael Newsome ("Newsome"). a. Newsome contacted Holden to inquire if the PLCB had changed policies regarding the sale of Limited -Release Lottery items outside of the Limited -Release Lottery. Newsome served as a PLCB Member from April 2016 until January 2019. b. Newsome learned about the sale of Limited -Release Lottery items to PLCB employees after the completion of the Limited -Release Lottery during a June 2020 Audit Committee meeting. 26. Five PLCB employees purchased Limited -Release Lottery items. a. These employees were: Carl Jolly, PLCB Director of Retail Operations; 2. Tom Bowman, PLCB Director of Product Selection; 3. Bryan Kelleher, PLCB Director of Business Development for Wholesale Operations; 4. Cliff McFarland, PLCB Director of Supply Chain; and 5. Nick Melnick, PLCB Chief Information Officer. Negra, 21-006 Page 6 b. These PLCB employees used personal credit cards to purchase the Limited -Release Lottery items. THE FOLLOWING FINDINGS PERTAIN TO NEGRA FAILING TO LIST ALL REPORTABLE INCOME ON STATEMENTS OF FINANCIAL INTERESTS FILED FOR CALENDAR YEARS 2018 THROUGH 2O20. 27. Negra is required to annually file a Statement of Financial Interests ("SFI") form by May 1 sc for the previous calendar year. 28. Negra filed his SFIs for calendar years 2015 through 2020 with the Governor's Office of Administration. 29. On his 2016 through 2020 SFIs, Negra disclosed financial interests in three entities: MWA Land Management ("MWA"), Negra — Graham Theatrical Advisors LLC ("NGTA"), and South View Farm LLC. 30. Negra listed MWA and NGTA as direct sources of income on filings for calendar years 2016 and 2017. 31. Negra failed to list MWA as a source of income on SFIs filed for calendar years 2018 through 2020. 32. Negra failed to list NGTA as a source of income on SFI filings for calendar years 2018 and 2019. 33. While Negra failed to disclose the income from MWA and NGTA on his SFIs, he did disclose the income from both entities on his Governor's Code of Conduct forms for the relevant years. 34. This discrepancy was brought to Negra's attention during the September 22, 2021, investigative interview. 35. On October 1, 2021, Negra filed amended SFIs to correct the above -stated deficiencies. As a Member of the Pennsylvania Liquor Control Board ("PLCB") from 2014 to the present, Respondent Michael Negra ("Negra") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seMc . The allegations are that Negra brought into question in relation to Sections 1103(a) and 1105(b)(5) of the Ethics Act: (1) Whether he used the authority of his public position and/or confidential information obtained through his public position for the private pecuniary benefit of himself Negra, 21-006 Page 7 and/or a member of his immediate family, when he obtained information not obtainable from reviewing a public document or making inquiry to a publicly available source of information as a result of his public position, and used that information to purchase, at list price, alcohol that was limited in quantity; (2) Whether he participated in discussions and decisions of the PLCB resulting in the elimination of the second lottery requirements of the lottery terms and conditions; and (3) Whether he failed to disclose all reportable income on Statements of Financial Interests ("SFIs") for calendar years 2018, 2019, and 2020. Per the Consent Agreement, it appears that the Investigative Division in the exercise of its prosecutorial discretion has elected to nolle pros the allegation in paragraph number 2 above. We therefore need not address that allegation. 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 Negra, 21-006 Page 8 "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. 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)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 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. Negra has served as a Member of the PLCB since 2014. The PLCB regulates the manufacture, importation, sale, distribution and disposition of liquor, alcohol, and malt or brewed beverages in the Commonwealth. The PLCB is the only retail seller of spirits in the Commonwealth. The PLCB is statutorily mandated to ensure the equitable distribution of alcoholic beverages to licensee businesses and consumers within the Commonwealth. As part of this statutory mandate, the PLCB conducts Limited -Release Lotteries. The purpose of the Limited - Release Lotteries is to fairly and equitably distribute the ability to purchase high -end, limited quantity wines and spirits to both individual customers and licensees within the Commonwealth. Individuals and licensees who wish to purchase limited quantity products may enter the Limited -Release Lotteries. The total number of Limited -Release Lotteries conducted each year varies from year to year. Prior to each Limited -Release Lottery, the PLCB issues a press release that details the entry period, rules to enter, items available, prices for each item, and the quantities available for purchase by individual customers and licensees. In order to enter a Limited -Release Lottery, a Commonwealth citizen must register on the PLCB's finewineandgoodspirits.com website ("FW&GS website") and accept the PLCB Limited -Release Lottery Terms and Conditions for Participation by Individual Customers ("Limited -Release Lottery Terms and Conditions") that are posted on the FW&GS website. The Limited -Release Lottery Terms and Conditions provide, in pertinent part, that: (1) Limited -Release Lottery winners are selected randomly through a computer algorithm; (2) Limited -Release Lottery winners must be Pennsylvania residents and be twenty-one years of age to enter; and (3) Limited -Release Lottery winners are permitted to purchase no more than one Limited -Release Lottery item per individual customer or household. PLCB employees and officials may entering Limited -Release Lotteries and purchase an item if selected as a Limited -Release Lottery winner. PLCB officials and employees are not Negra, 21-006 Page 9 exempt from the Limited -Release Lottery Terms and Conditions. Negra and multiple PLCB employees/executives have entered Limited -Release Lotteries in the past. A Limited -Release Lottery winner is contacted by email and given the opportunity to purchase the Limited -Release Lottery item through the FW&GS website, The Limited -Release Lottery item is shipped to the winner's address or a designated FW&GS store from the PLCB Fulfillment Center after payment is received for the item. The quantity of items that remain in inventory following a Limited -Release Lottery is not released to the public through press releases or any other method of communication. The Limited - Release Lottery Terms and Conditions, under "Second Drawings and General Sale," reflect that remaining items may be made available through a second drawing to the extent that any eligible entries remain in the applicable drawing pool. The Limited -Release Lottery Terms and Conditions further provide that if a second drawing is not conducted, any remaining items will be released for general sale on the FW&GS website on a first -come, first -served basis or will otherwise be sold by the PLCB in the manner it deems most appropriate based on operational needs. Prior to July 2019, Dale Horst ("Horst"), the PLCB Director of Marketing and Merchandising, recommended to the PLCB and PLCB executives to forgo holding a second Limited -Release Lottery drawing. Horst informed the Members of the PLCB and PLCB executives that due to the cost and time required to conduct a second drawing for a few items, it made the most business sense to discontinue holding a second drawing. Instead of conducting a second drawing, remaining Limited -Release Lottery items could be made available on a first - come, first -served basis on the FW&GS website. Unofficial action was taken to follow Horst's recommendation to discontinue the second lottery. The July 10, 2019, Limited -Release Lottery was the first Limited -Release Lottery where a second drawing was not conducted by the PLCB. On July 24, 2019, Horst and Negra communicated by email regarding bottles that were left over from the July 10, 2019, Limited - Release Lottery. Horst initiated an email to Negra that advised him of items left over from the July Limited -Release Lottery and inquired whether Negra was interested in making a purchase. Horst made similar offers to other PLCB executives and employees in 2019 and 2020. On several occasions, Negra used personal funds to purchase leftover Limited -Release Lottery items at full retail price. In addition to Negra, the following PLCB employees purchased Limited -Release Lottery items: (1) Tom Bowman, PLCB Director of Product Selection; (2) Carl Jolly, PLCB Director of Retail Operations; (3) Bryan Kelleher, PLCB Director of Business Development for Wholesale Operations; (4) Cliff McFarland, PLCB Director of Supply Chain; and (5) Nick Melnick, PLCB Chief Information Officer. These PLCB employees used personal credit cards to purchase the Limited -Release Lottery items. As a Member of the PLCB, Negra is required to annually file an SFI by May 1 containing information for the prior calendar year. On his SFIs for calendar years 2016 through 2020, Negra disclosed, in pertinent part, that he had financial interests in Negra — Graham Theatrical Advisors LLC ("NGTA") and MWA Land Management ("MWA"). Negra listed NGTA and MWA as direct or indirect sources of income on his SFIs for calendar years 2016 and 2017. Negra failed to list NGTA as a direct or indirect source of income on his SFIs for calendar years 2018 and 2019, and Negra, 21-006 Page 10 he failed to list MWA as a direct or indirect source of income on his SFIs for calendar years 2018 through 2020. On October 1, 2021, Negra filed amended SFIs to correct these deficiencies. 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 no violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Negra, in his capacity as a Member of the PLCB, obtained information not obtainable from reviewing a public document or making inquiry to a publicly available source of information as a result of his public position, and used that information to purchase alcohol that was limited in quantity and not available to the public, due to insufficient clear and convincing evidence of a pecuniary benefit. b. That violations of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Negra failed to disclose all reportable income on Statements of Financial Interests for calendar years 2018, 2019, and 2020. The information contained herein is unrelated to section (a). 4. Negra agrees to make payment in the amount of $500.00 in settlement of this matter. a. Negra agrees to make a payment of $500.00 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 payment represents a civil penalty for deficient Statements of Financial Interests. b. As Negra has already amended his Statements of Financial Interests, no further action is required. Negra, 21-006 Page 11 5. Negra agrees to not accept any reimbursement, compensation or other payment from the Pennsylvania Liquor Control Board (PLCB) representing a full or partial reimbursement of the amount paid in settlement of this matter. a. Negra agrees to not purchase any items offered by the Pennsylvania Liquor Control Board (PLCB) outside of the process by which a Commonwealth resident may purchase. 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 further action in these matters. 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 these matters further. a. The Respondent has been advised that as a matter of course, all orders from the Commission are provided to the Attorney General, albeit without any specific recommendations pursuant to the language above. b. The Respondent has been advised that all orders become public records. C. The non -referral language contained in this paragraph is considered an essential part of the negotiated consent agreement. Consent Agreement, at 1-2. In considering the Consent Agreement, we accept the recommendation of the parties for a finding of no violation as to the Section 1103(a) allegation. Following the July 10, 2019, Limited -Release Lottery, Negra was informed by the PLCB Director of Marketing and Merchandising that items were left over from the Limited -Release Lottery and available to be purchased. Negra received this information solely as a result of his service as a Member of the PLCB. On several occasions, Negra used personal funds to purchase leftover Limited -Release Lottery items at full retail price. There is no basis in the Stipulated Findings for concluding that Negra realized a private pecuniary benefit as a result of his purchase of leftover Limited -Release Lottery items. Accordingly, based upon the parties' Stipulation of Findings and Consent Agreement, we hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa. C.S. § 1103(a), occurred when Negra obtained information not obtainable from reviewing a public document or making inquiry Negra, 21-006 Page 12 to a publicly available source of information as a result of his public position, and used that information to purchase alcohol that was limited in quantity and not available to the public, due to insufficient clear and convincing evidence of a pecuniary benefit. We agree with the parties, and we hold, that violations of Section I I05(b)(5) of the Ethics Act, 65 Pa.C.S. § I I05(b)(5), occurred when Negra failed to disclose all reportable income on SFIs for calendar years 2018, 2019, and 2020. As part of the Consent Agreement, Negra has agreed to make a payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania, representing a civil penalty for his SFI violations, with such payment to be forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Negra has agreed to not accept any reimbursement, compensation or other payment from the PLCB representing a full or partial reimbursement of the amount paid in settlement of this matter. Negra has further agreed to not purchase any items offered by the PLCB outside of the process by which a Commonwealth resident may purchase such items. 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, Negra is directed to make a payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Negra is directed to not accept any reimbursement, compensation or other payment from the PLCB representing a full or partial reimbursement of the amount paid in settlement of this matter. Negra is ordered to fulfill his agreement to not purchase any items offered by the PLCB outside of the process by which a Commonwealth resident may purchase such items. Compliance with the foregoing will result in the closing of this case with no farther action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As a Member of the Pennsylvania Liquor Control Board from 2014 to the present, Respondent Michael Negra ("Negra") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 ct seq. 2. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Negra obtained information not obtainable from reviewing a public document or making inquiry to a publicly available source of information as a result of his public position, and used that information to purchase alcohol that was limited in quantity and not available to the public, due to insufficient clear and convincing evidence of a pecuniary benefit. Negra, 21-006 Page 13 Violations of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Negra failed to disclose all reportable income on Statements of Financial Interests for calendar years 2018, 2019, and 2020. In Re: Michael Negra, File Docket: 21-006 Respondent Date Decided: 6/28/22 Date Mailed: 6/29/22 ORDER NO. 1805 No violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), occurred when Michael Negra ("Negra"), as a Member of the Pennsylvania Liquor Control Board, obtained information not obtainable from reviewing a public document or making inquiry to a publicly available source of information as a result of his public position, and used that information to purchase alcohol that was limited in quantity and not available to the public, due to insufficient clear and convincing evidence of a pecuniary benefit. 2. Violations of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Negra failed to disclose all reportable income on Statements of Financial Interests for calendar years 2018, 2019, and 2020. Per the Consent Agreement of the parties, Negra is directed to make a payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (301h) day after the mailing date of this Order. 4. Negra is directed to not accept any reimbursement, compensation or other payment from the Pennsylvania Liquor Control Board representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. Negra is ordered to fulfill his agreement to not purchase any items offered by the Pennsylvania Liquor Control Board outside of the process by which a Commonwealth resident may purchase such items. 6. Compliance with paragraphs 3, 4, and 5 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 COMMION, R. Corrigan, Acting Chair