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In Re: Robert Powers,
Respondent
S'rATE E'rvncs COMMISSION
FINANCE BIJILDING
613 NORTH STREET, OOM 309
HARRISBURG, PA 17120-0400
File Docket:
Order No.
Date Decided:
Date Mailed:
22-0205-C
1830
1/11/24
1/12/24
Before: Michael A. Schwartz, Chair
Paul E. Parsells
David L. Reddecliff
Robert P. Caruso
Emilia McKee Vassallo
This is a finall adjudication of the State Ethics Commission.
FACSIMR.E: 717-787.-0806
WEBSITE: wwe wthic V
- - ilN
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 PaC,S. § 1101 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 State Ethics Commission ("Commission") for consideration. The Stipulated Findings, are set
forth as the Findings in this Order. The Consent Agreement has been approved.
T. ALLEGATIONS:
That Robert Powers, a public official as a Member of Parks,ide Borough ("Borough")
Council and a public employee as Fire Marshal and Health Inspector for the Borough, violated
Sections I 103(a), t 104(a), I I 04(d), 11 05(a), 11 05(b)(1), and 11 05(b)(2) of the Ethics Act:
(1) When he participated in discussions and actions of Borough Council to enact an
ordinance which created new compensation for his role as the Borough Fire
Marshal, resulting in a private pecuniary benefit to himself,
(2) When he participated in discussions and actions of Borough Council to increase his
salary as the Borough Emergency Management Coordinator for the 2023 calendar
year, resulting in a private pecuniary benefit to himself,
(3) When he failed to file a Statement of Financial Interests ("SFI") for calendar year
2019 and subsequently received compensation from the Borough;
Powers, 22-0205-C
Page 2
(4) When he filed a deficient SF1 for calendar year 2017 when he failed to list the
Borough as a source of income and his public positions as the Borough Fire Marshal
and the Borough Health Inspector;
(5) When he filed a deficient SFI for calendar year 2018 when he failed to list an
address, failed to list his public positions as the Borough Fire Marshal and the
Borough Health Inspector, and failed to disclose the Borough as a source of income;
(6) When he filed a deficient SFI for calendar year 2020 when he failed to list his public
positions as the Borough Fire Marshal and the Borough Health Inspector and failed
to disclose the Borough as a source of income; and
(7) When he filed a deficient SFI for calendar year 2021 when he failed to list his public
positions as the Borough Fire Marshal, the Borough Health Inspector, and interim
Borough Mayor while incorrectly listing his public position as Borough
Councilman and failed to disclose the Borough as a source of income.
II. FINDINGS:
1. Robert Powers ("Powers") served as a Member of Council for Parkside Borough
(`Borough") from January 2016 until December 2019.
a. Powers lost the November 2019 election for Borough Council.
b. Powers served as interim Borough Mayor from September 28, 2021, until
December 31, 2021.
C. Powers returned to Borough Council in January 2022 after winning the November
2021 election.
2. For his service on Borough Council, Powers received $1,875.00 per year for calendar years
2016 through 2019 and 2022.
In addition to serving on Borough Council, Powers at times served as the Borough
Emergency Management Coordinator, the Borough Fire Marshal, and the Borough Health
Inspector.
a. Powers was appointed to serve as the Borough Fire Marshal in January 2016.
As the Borough Fire Marshal, Powers received an allocated budgeted
salary, approved by Borough Council, each year as follows:
2018 - $5,000.00
2019 - $5,000.00
2020 - $5,000.00
2021 - $5,000.00
Powers, 22-0205-C
Page 3
2022 - $10,000.00
2023 - $10,000.00
b. Powers was appointed to serve as the Borough Emergency Management
Coordinator in January 2016.
1. Powers received no compensation for serving as the Borough Emergency
Management Coordinator from January 2016 through December 2022.
C. Powers served as the Borough Health Inspector from 2016 to August 2022.
1. The budget allocated the following salary for the Borough Health Inspector
in calendar years 2018 through 2023:
2018 - $3,750.00
2019 - $5,000.00
2020 - $5,000.00
2021 - $5,000.00
2022 - $8,000.00
2023 - $0.00
4. Powers was also employed at times with the Borough on an as -needed basis in the
Borough's Department of Public Works, where he performed duties including snow
removal and leaf removal.
5. The Borough is governed by a seven -Member Council and a Mayor.
6. Borough Council meetings are held on the third Wednesday of each month.
a. Special meetings are held when necessary.
7. Voting at Borough Council meetings occurs after a motion is made and properly seconded,
with those in favor stating "Aye" and those opposed stating "No."
a. Objections and abstentions should be noted in the meeting minutes.
8. The Borough Secretary is responsible for attending each monthly Borough Council
meeting and taking notes to record discussions, official actions, and public comment.
a. The Borough Secretary should use the notes to complete meeting minutes following
each meeting.
b. The purpose of meeting minutes is to memorialize Borough Council actions,
including votes and public discussions.
C. Each Borough Council Member should be provided a copy of the meeting minutes
to review for accuracy prior to the following month's meeting.
Powers, 22-0205-C
Page 4
d. Each Borough Council Member should be provided the opportunity to amend the
previous month's meeting minutes prior to an official vote.
e. Borough Council votes to approve the accuracy of the previous month's meeting
minutes at each subsequent meeting.
9. Most Borough Council meetings are video recorded and posted on the Borough's
YouTube.com channel, https://www.youtube.com/@parl,,sideborouvl-ipa/featured.
a. The Borough has recorded most public meetings since 2020.
THE FOLLOWING FINDINGS PERTAIN TO POWERS' USE OF OFFICE IN VOTING
TO APPROVE ORDINANCE 550, "FIRE PREVENTION," WHICH INCLUDED
ADDITIONAL COMPENSATION TO POWERS.
10. On April 27, 2011, Borough Council voted on and approved Ordinance 500.
a. The passage of Ordinance 500 authorized a $100.00 fee paid by a business owner
or residential occupant to the Borough for fire inspection services.
11. From April 27, 2011, until March 28, 2018, the Borough received half of the revenue from
fire inspection fees with the other half being paid to the Borough Fire Marshal.
12. During a February 28, 2018, Borough Council meeting, Borough Council Member and
Ordinance Committee Chairman Dominic Capobianco ("Capobianco") motioned to
advertise Ordinance 550, "Fire Prevention."
a. Meeting minutes for the February 28, 2018, Borough Council meeting detail the
following: "Councilman Powers was out of town on a much -needed vacation and
will return for the next Council Meeting. Vice President Capobianco made a
motion, seconded by Mr. Underwood, authorizing Ordinance 550 - Fire Prevention
Inspection be advertised with intent to adopt at the March meeting, motion carried."
b. The motion passed unanimously, and Ordinance 550 was posted to The Spirit
Newspaper and the General Code Publishers Group.
13. Ordinance 550, "Fire Prevention," was introduced to amend Ordinance 500, "Fire
Inspection Fee."
a. Section V of Ordinance 550 increased the inspection fee from $100.00 to $150,00.
1. Section V of Ordinance 550 reflects: "There shall be a fee of $150 paid by
the business owner or occupant of the subject premises, payable to the
Borough of Parkside, for the performance of the inspection service provided
in 82-8. The Fire Marshall or Code Enforcement Officer shall receive one
Powers, 22-0205-C
Page 5
half of the fee as compensation for their service with the remainder of the
fee collected to be retained by the Borough of Parkside."
b. Ordinance 550 authorized the Borough fire Marshal or the Borough Code
Enforcement Officer to receive half ($75.00) of the $150.00 inspection fee as
compensation for the completion of fire inspections.
1. The remaining $75.00 was retained by the Borough.
C. The passage of Ordinance 550 permitted the Borough to receive $25.00 more per
inspection than the $100.00 fee that was imposed under Ordinance 500.
d. The passage of Ordinance 550 permitted the Borough Fire Marshal to receive
$25.00 more per inspection than Ordinance 500.
e. The passage of Ordinance 550 did not change Powers' duties and responsibilities
as the Borough Fire Marshal.
14. Meeting minutes for the March 28, 2018, Borough Council meeting reflect that Capobianco
motioned to approve Ordinance 550 and Powers participated in seconding the motion.
a. The March 28, 2018, Borough Council meeting minutes reflect the following:
"Ordinance Report: (Nick Capobianco) Vice President Capobianco made a motion,
seconded by Mr. Powers, to adopt Ordinance Number 550- Fire Prevention
Inspections; motion carried."
b. The motion to pass Ordinance 550 passed unanimously without an abstention by
Powers.
15. Powers performed seventy-seven (77) fire inspections between March 28, 2018, and
December 2022,
16. Powers received a minimum of $5,775.00 in compensation from fire inspections he
completed as the Borough Fire Marshal between March 28, 2018, and December 2022.
a. Powers received an additional $1,925.00 in compensation as a result of the passage
of Ordinance 550 which, in his position as Borough Council Member, he seconded
the motion and voted for.
17. On February 28, 2022, Pennsylvania's Acting Secretary of Health approved Delaware
County to operate a County Health Department to better serve and support municipalities.
18. The Delaware County Health Department began to complete food health inspections in
municipalities beginning on August 10, 2022.
Powers, 22-0205 -C
Page 6
19. Powers' position as the Borough Health Inspector became obsolete when the Delaware
County Health Department became operational in completing inspections at food
establishments.
20. Borough Council annually engages in budget discussions for the following year in or
around September through December.
a. An official vote to approve the following year's budget occurs during the December
Borough Council meeting.
21. At the October 19, 2022, Borough Council meeting, there was discussion by Borough
Council pertaining to an elected official working as an employee of the Borough.
a. Borough Solicitor Peter Amuso ("Amuso") informed Borough Council that an
elected official is permitted to work as an employee of the Borough, but the official
must recuse themselves from any discussions or votes regarding compensation as
an employee, including setting salaries or approving payment.
b. Amuso referenced Section 1103(a) of the Ethics Act in his advice to Borough
Council.
C. Powers was present for the October 19, 2022, Borough Council meeting and for the
discussion pertaining to the Ethics Act.
22. Powers informed Borough Council during the September 28, 2022, Budget Meeting that
he would abstain from voting on the budget.
23. Meeting minutes and the video of the December 21, 2022, Borough Council meeting show
that Powers participated in voting to approve the 2023 calendar year budget.
a. The 2023 calendar year budget included Powers' $10,000.00 salary that he
negotiated as Borough Emergency Management Coordinator as well as his other
positions that remained consistent with previous years.
b. The portion of the budget pertaining to Powers' salary increase was not separated
from other matters.
C. Powers failed to announce a conflict of interest at the time of the vote and failed to
abstain.
24. The December 21, 2022, Borough Council meeting minutes detail the following: "Mr. Bull
made motion to accept Parkside Borough 2023 Financial Budget, second by Mr. Sweigart
vote passed unanimously so moved."
25. As of July 2023, Powers received $5,000,00 in salary as the Borough Emergency
Management Coordinator.
Powers, 22-0205-C
Page 7
THE FOLLOWING FINDINGS PERTAIN TO POWERS' FAILURE TO FILE A
STATEMENT OF FINANCIAL INTERESTS FOR CALENDAR YEAR 2019 AND HIS
FILING OF DEFICIENT STATEMENTS OF FINANCIAL INTERESTS FOR
CALENDAR YEARS 2017, 2018, 2020, AND 2021.
26. In his capacities as a Borough Council Member, the Borough Fire Marshal, and the
Borough Health Inspector, Powers was required to annually file a Statement of Financial
Interests by May l" of each year.
27. Powers failed to file a Statement of Financial Interests with the Borough for calendar year
2019.
28. Powers filed deficient Statements of Financial Interests for calendar years 2017, 2018,
2020, and 2021.
a. Powers failed to disclose the Borough as a source of income and failed to list his
public positions as the Borough Fire Marshal and the Borough Health Inspector on
his 2017 form.
b. Powers failed to list an address, failed to list his public positions as the Borough
Fire Marshal and the Borough Health Inspector, and failed to disclose the Borough
as a source of income on his 2018 form.
C. Powers failed to disclose the Borough as a source of income and failed to list his
public positions as the Borough Fire Marshal and the Borough Health Inspector on
his 2020 form.
d. Powers failed to disclose the Borough as a source of income and failed to list his
public positions as the Borough Fire Marshal, the Borough Health Inspector, and
interim Borough Mayor while incorrectly listing Borough Councilman on his 2021
form.
III. DISCUSSION:
As a Member of Council for Parkside Borough (`Borough") from January 2016 until
December 2019 and from January 2022 to the present, Respondent Robert Powers ("Powers") 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 �jM. As the Borough Fire Marshal and the Borough Health
Inspector at all times relevant to these proceedings, Powers has been a public official/public
employee subject to the provisions of the Ethics Act.
The allegations are that Powers violated Sections 1103(a), 1104(a), 1104(d), 1105(a),
1105(b)(1), and 1105(b)(2) of the Ethics Act:
Powers, 22-0205-C
Page 8
(1) When he participated in discussions and actions of Borough Council to enact an
ordinance which created new compensation for his role as the Borough Fire
Marshal, resulting in a private pecuniary benefit to himself;
(2) When he participated in discussions and actions of Borough Council to increase his
salary as the Borough Emergency Management Coordinator for the 2023 calendar
year, resulting in a private pecuniary benefit to himself;
(3) When he failed to file a Statement of Financial Interests ("SFI") for calendar year
2019 and subsequently received compensation from the Borough;
(4) When he filed a deficient SFI for calendar year 2017 when he failed to list the
Borough as a source of income and his public positions as the Borough Fire Marshal
and the Borough Health Inspector;
(5) When he filed a deficient SFI for calendar year 2018 when he failed to list an
address, failed to list his public position as the Borough Fire Marshal and the
Borough Health Inspector and failed to disclose the Borough as a source of income;
(6) When he filed a deficient SFI for calendar year 2020 when he failed to list his public
positions as the Borough Fire Marshal and the Borough Health Inspector and failed
to disclose the Borough as a source of income; and
(7) When he filed a deficient SFI for calendar year 2021 when he failed to list his public
positions as the Borough Fire Marshal, the Borough Health Inspector, and interim
Borough Mayor while incorrectly listing his public position as Borough
Councilman and failed to disclose the Borough as a source of income.
Per the Consent Agreement, the Investigative Division has exercised its prosecutorial
discretion to nolle pros the allegation pertaining to Section I I04(d) of the Ethics Act as well as
the allegations pertaining to deficiencies in Powers' SFIs for calendar years 2017, 2018, 2020, and
2021. We therefore need not address those allegations.
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
Powers, 22-0205-C
Page 9
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through his
holding public office or employment for the private pecuniary
benefit of himself, a member of his immediate family or a business
with which he or a member of his immediate family is associated.
The term does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the
general public or a subclass consisting of an industry, occupation or
other group which includes the public official or public employee, a
member of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict" or
"conflict of interest," 65 Pa.C.S. § 1102, pursuant to Section 1103(a) of the Ethics Act, a public
official/public employee is prohibited from using the authority of public office/employment or
confidential information received by holding such a public position for the private pecuniary
(financial) 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 110d(a) of the Ethics Act provides that each public official/public employee must
file an SFI for the preceding calendar year, by May 1 of each year that he holds the position and
the year after he leaves it.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission.
We shall now summarize the relevant facts as contained therein.
The Borough is governed by a seven -Member Council and a Mayor. Powers served as a
Member of Borough Council from January 2016 until December 2019 and as interim Borough
Mayor from September 28, 2021, until December 31, 2021. Powers once again became a Member
of Borough Council in January 2022.
In January 2016, Powers was appointed to serve as the Borough Fire Marshal. For serving
as the Borough Fire Marshal, Powers was paid an allocated budgeted salary which was approved
by Borough Council each year. In addition to a salary, pursuant to Ordinance 500 — "Fire
Inspection Fee," Powers was paid half of the revenue which the Borough received from charging
business owners or residential occupants a $100 fee for his fire inspection services. Accordingly,
Powers was paid $50 for each fire inspection that he performed.
Powers was also appointed to serve as the Borough Emergency Management Coordinator
in January 2016. Powers received no compensation for serving as the Borough Emergency
Powers, 22-0205-C
Page 10
Management Coordinator. Powers also began serving as the Borough Health Inspector in 2016.
The Borough budget included an allocation for an annual salary for the Borough Health Inspector.
During the February 28, 2018, Borough Council meeting, Borough Council Member and
Ordinance Committee Chairman Dominic Capobianco motioned to advertise Ordinance 550 —
"Fire Prevention," which was introduced to amend Ordinance 500. Section V of Ordinance 550
would increase the fee charged for fire inspection services from $100 to $150. The motion passed
unanimously. Powers was not present at the meeting.
At Borough Council's March 28, 2018, meeting, Powers seconded a motion to approve
Ordinance 550 and participated in a unanimous vote of Borough Council that approved Ordinance
550. The enactment of Ordinance 550 increased the fee charged for fire inspection services from
$100 to $150 and authorized the Borough Fire Marshal or the Borough Code Enforcement Officer
to receive half of the $150 fee as compensation for their services. As a result of the enactment of
Ordinance 550, the Borough Fire Marshal or the Borough Code Enforcement Officer would
receive $75 instead of $50 for each fire inspection performed.
As the Borough Fire Marshal, Powers performed 77 fire inspections between March 28,
2018, and December 2022. Powers received $5,775 from the fees that the Borough charged for his
performance of the fire inspections. As a result of the increase in the fire inspection fee from $100 to
$150 due to the enactment of Ordinance 550, Powers received an additional $1,925 in compensation
for performing the fire inspections.
Powers` position as the Borough. Health Inspector became obsolete when the Delaware
County Health Department began completing inspections at food establishments in municipalities
in August 2022. Although Powers had previously not received any compensation for serving as
the Borough Emergency Management Coordinator since January 2016, he negotiated a $10,000
salary for the Borough Emergency Management Coordinator for 2023. Even though Powers
informed Borough Council during its September 28, 2022, Budget Meeting that he would abstain
from voting on the Borough's budget, he participated in a unanimous vote of Borough Council on
December 21, 2022, which approved the 2023 Borough budget. The $10,000 salary that Powers
had negotiated for the Borough Emergency Management Coordinator was included in the 2023
Borough budget. As of July 2023, Powers had received $5,000 in salary for serving as the Borough
Emergency Management Coordinator.
As a Borough Council Member, the Borough Fire Marshal, and the Borough Health
Inspector, Powers was annually required to file an SFI by May I containing information for the
prior calendar year. Powers failed to file an SFI for calendar year 2019 with the Borough.
Having highlighted the Stipulated Findings and issues before us, we shall now apply the
Ethics Act to determine the proper disposition of this case.
The parties` Consent Agreement sets forth a proposed resolution of the allegations as
follows:
The Investigative Division will recommend the following in relation
to the above allegations:
Powers, 22-0205-C
Page 11
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Powers participated in
actions of Borough Council to enact an ordinance
which created new compensation for his role as the
Borough Fire Marshal, resulting in a private
pecuniary benefit to himself;
b. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Powers participated in
actions of Borough Council to increase his salary as
the Borough Emergency Management Coordinator
for the 2023 calendar year, resulting in a private
pecuniary benefit to himself;
C. That a violation of Section 1104(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a), occurred when Powers failed to file a
Statement of Financial Interests for calendar year
2019 and subsequently received compensation from
the Borough; and
d. That the remaining allegations be nolle prossed.
4. Powers agrees to make payment in the amount of $960.00 in
settlement of this matter payable to Parkside Borough, and
forwarded to the Pennsylvania State Ethics Commission, consisting
of twelve (12) monthly payments in the amount of $80.00 each,
payable in monthly intervals beginning within thirty (30) days of the
issuance of the final adjudication in this matter, with no pre -payment
penalty.
a. As part of this agreement, Powers is not required to
disgorge his public compensation received
pursuant to Section 1104(d) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. § 1104(d),
when he did not file his Statement of Financial
Interests.
5. Powers agrees to file a complete and accurate Statement of Financial
Interests for calendar year 2019 and complete and accurate amended
Statements of Financial Interests with Parkside Borough, through
the Pennsylvania State Ethics Commission, for calendar years 2017,
2018, 2020, and 2021 within thirty (30) days of the issuance of the
final adjudication in this matter.
Powers, 22-0205-C
Page 12
6. Powers agrees to not accept any reimbursement, compensation or
other payment from Parkside Borough 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 Powers' 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.
a. Powers 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 paragraph 7 above.
b. Powers has been advised that all orders become
public records and may be acted upon by law
enforcement as they deem appropriate.
C. The non -referral language contained in this
paragraph is considered an essential part of the
negotiated Consent Agreement.
Consent Agreement, at 2-3.
We accept the parties' recommendations for findings that violations of Section 1103(a) of
the Ethics Act occurred when Powers participated in actions of Borough Council that set his
compensation for serving as the Borough Fire Marshal and the Borough Emergency Management
Coordinator.
Prior to March 2018, Powers received one-half of the $100 fee that the Borough charged
under Ordinance 500 for each fire inspection that he performed as the Borough Fire Marshal.
Powers used the authority of his public office as a Borough Council Member for the private
pecuniary benefit of himself when, on March 28, 2018, he voted to approve Ordinance 550, which
increased the fee charged for fire inspection services from $100 to $150 and authorized the
Borough Fire Marshal or the Borough Code Enforcement Officer to receive half of the $150 fee
as compensation for their services. As a result of the increased fee for fire inspection services
under Ordinance 550, Powers received an additional $1,925 in compensation for performing 77
fire inspections between March 28, 2018, and December 2022.
Prior to 2023, Powers received no compensation for serving as the Borough Emergency
Management Coordinator. Powers again used the authority of his public office as a Borough
Council Member for the private pecuniary benefit of himself when, on December 21, 2022, he
Powers, 22-0205-C
Page 13
voted to approve the 2023 Borough budget which included a salary of $10,000 that he had
negotiated for the Borough Emergency Management Coordinator.
Based upon the Stipulated Findings and Consent Agreement, we hold that: (1) a violation
of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Powers participated in
actions of Borough Council to enact an ordinance which created new compensation for his role as
the Borough Fire Marshal, resulting in a private pecuniary benefit to himself; and (2) a violation
of Section 1103(a) of Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Powers participated in
actions of Borough Council to set his salary as the Borough Emergency Management Coordinator
for the 2023 calendar year, resulting in a private pecuniary benefit to himself.
We shall next address the parties' recommendation for a finding that a violation of Section
1104(a) of the Ethics Act occurred when Powers failed to file an SFI for calendar year 2019 and
subsequently received compensation from the Borough.
We agree with the parties that a violation of Section 1104(a) of the Ethics Act occurred
when Powers failed to file an SFI for calendar year 2019. Given that Powers served as a Member
of Borough Council, as the Borough Fire Marshal, and as the Borough Health Inspector throughout
2019, he was required to file an SFI for calendar year 2019 by May 1, 2020. However, to the
extent Powers received compensation from the Borough when he did not have an SFI for calendar
year 2019 on file with the Borough, the receipt of such compensation would not be an element for
establishing a violation of Section 1104(a) of the Ethics Act. Instead, the receipt of such
compensation would be an element for establishing a violation of Section 1104(d) of the Ethics
Act, which provides, in pertinent part, that no public official shall receive compensation from
public funds unless he has filed an SFl as required by the Ethics Act.
Given that the Investigative Division has exercised its prosecutorial discretion to nolle pros
the allegation pertaining to Section I I04(d) of the Ethics Act, we accept the recommendation of
the parties as modified to reflect the elements of a violation of Section 1104(a) of the Ethics Act,
and we hold that a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred
when Powers, as a Member of Borough Council, the Borough Fire Marshal, and the Borough
Health Inspector, failed to file an SFI for calendar year 2019.
We note that the Investigative Division is not seeking any disgorgement of Powers'
compensation pursuant to Section 1104(d) of the Ethics Act.
As part of the Consent Agreement, Powers has agreed to make payment in the amount of
$960.00 payable to the Borough as detailed herein. Powers has further agreed to not accept any
reimbursement, compensation or other payment from the Borough representing a full or partial
reimbursement of the amount paid in settlement of this matter. Powers has additionally agreed to
file a complete and accurate SFI for calendar year 2019 and complete and accurate amended SFIs
for calendar years 2017, 2018, 2020, and 2021 with the Borough, through this Commission, within
thirty (30) days of the issuance of the final adjudication in this matter.
We agree that the aforesaid recommendations are appropriate, including the
recommendation that Powers. file complete and accurate amended SFIs for calendar years 2017,
Powers, 22-0205-C
Page 14
2018, 2020, and 2021, notwithstanding the nolle pros as to the allegations regarding deficiencies
in his SFIs for the aforesaid calendar years.
Accordingly, per the Consent Agreement of the parties, Powers is directed to make
payment in the amount of $960.00 payable to Parkside Borough, and forwarded to the
Pennsylvania State Ethics Commission, consisting of twelve (12) monthly payments in the amount
of $80.00 each, payable in monthly intervals beginning by no later than the thirtieth (30"') day after
the mailing date of this adjudication and Order, with no pre -payment penalty.
Powers is directed to not accept any reimbursement, compensation or other payment from
the Borough representing a full or partial reimbursement of the amount paid in settlement of this
matter.
To the extent he has not already done so, Powers is directed to file a complete and accurate
SFI for calendar year 2019 and complete and accurate amended SFIs for calendar years 2017,
2018, 2020, and 2021 with the Borough, through this Commission, by no later than the thirtieth
(30"') day after the mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further action
by this Commission. Noncompliance will result in the institution of an order enforcement action.
IV. CONCLUSIONS OF LAW:
As a Member of Council for Parkside Borough (`Borough") from January 2016 until
December 2019 and from January 2022 to the present, Respondent Robert Powers
("Powers") 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 sec . As the Borough Fire
Marshal and as the Borough Health Inspector at all times relevant to these proceedings,
Powers has been a public official/public employee subject to the provisions of the Ethics
Act,
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when
Powers participated in actions of Borough Council to enact an ordinance which created
new compensation for his role as the Borough Fire Marshal, resulting in a private
pecuniary benefit to himself.
A violation of Section 1103(a) of Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Powers
participated in actions of Borough Council to set his salary as the Borough Emergency
Management Coordinator for the 2023 calendar year, resulting in a private pecuniary
benefit to himself.
4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
Powers, as a Member of Borough Council, the Borough Fire Marshal, and the Borough
Health Inspector, failed to file a Statement of Financial Interests for calendar year 2019.
In Re: Robert Powers, File Docket: 22-0205-C
Respondent Date Decided: 1/11/24
Date Mailed: 1/12/24
ORDER NO. 1830
A violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics
Act"), 65 Pa.C.S. § 1103(a), occurred when Robert Powers ("Powers"), as a Member of
Council for Parkside Borough ("Borough"), participated in actions of Borough Council to
enact an ordinance which created new compensation for his role as the Borough Fire
Marshal, resulting in a private pecuniary benefit to himself.
2. A violation of Section 1103(a) of Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Powers
participated in actions of Borough Council to set his salary as the Borough Emergency
Management Coordinator for the 2023 calendar year, resulting in a private pecuniary
benefit to himself.
3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when
Powers, as a Member of Borough Council, the Borough Fire Marshal, and the Borough
Health Inspector, failed to file a Statement of Financial Interests for calendar year 2019.
4. Per the Consent Agreement of the parties, Powers is directed to make payment in the
amount of $960.00 payable to Parkside Borough, and forwarded to the Pennsylvania State
Ethics Commission, consisting of twelve (12) monthly payments in the amount of $80.00
each, payable in monthly intervals beginning by no later than the thirtieth (30"') day after
the mailing date of this Order, with no pre -payment penalty.
5. Powers is directed to not accept any reimbursement, compensation or other payment from
Parkside Borough representing a full or partial reimbursement of the amount paid in
settlement of this matter.
6. To the extent he has not already done so, Powers is directed to file a complete and accurate
Statement of Financial Interests for calendar year 2019 and complete and accurate amended
Statements of Financial Interests for calendar years 2017, 2018, 2020, and 2021 with
Parkside Borough, through this Commission, by no later than the thirtieth (30`h) day after
the mailing date of this Order.
7. Compliance with paragraphs 4, 5, and 6 of this Order will result in the closing of this case
with no further action by this Commission.
a. Noncompliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
Michael A. Schwartz; Chair