Order No. 1750 (Peconi-Biricocchi)
City Mayor
City of Arnold
2 North Main Street, Suite 101
Greensburg, PA 15601
ORDER SUMMARY:
1. Karen Peconi-Biricocchi ("Peconi-Biricocchi"), a public official in her capacities as: (1) a Member of the City of Arnold ("City") Civil Service Board from at least March 10, 2009, through March 26, 2014; (2) a Member of City Council from January 6, 2014, to January 4, 2016; and (3) the City Mayor from January 4, 2016, through the present, violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), in relation to her participation in the actions of the City Civil Service Board at a time when her son was a candidate for civil service employment with the City and her subsequent participation in the discussions and voting actions of City Council at a time when she knew her son was a final candidate for consideration of employment with the City.
2. A violation of Section 1105(b)(5), (8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), (8), occurred when Peconi-Biricocchi filed deficient Statements of Financial Interests for calendar years 2014, 2015, and 2016 by failing to disclose income from the City, as well as failing to disclose any and all office, directorship or employment of any nature whatsoever in any business entity, namely her employment by Verizon.
3. Per the Consent Agreement of the parties, Peconi-Biricocchi is directed to make payment(s) in the amount of $10,000.00 payable to the City of Arnold and forwarded to the Pennsylvania State Ethics Commission.
4. Per the Consent Agreement of the parties, Peconi-Biricocchi is further directed to not accept any reimbursement, compensation or other payment from the City representing a full or partial reimbursement of the amount paid in settlement of this matter.
5. 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.
Order No. 1751 (McDonnell)
Acting Superintendent and Superintendent
Duquesne City School District
300 Kennedy Avenue
Duquesne, PA 15110
ORDER SUMMARY:
1. No violation of Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a), occurred in relation to the allegation that Barbara McDonnell ("McDonnell"), in her capacities as the Acting Superintendent and the Superintendent of the Duquesne City School District ("District"), authorized advances of bi-weekly pay to herself, in that: (1) insufficient evidence exists to establish either a use of office to acquire a private pecuniary benefit in violation of the Ethics Act or the receipt of a private pecuniary benefit in violation of the Ethics Act; and (2) any use of office in authorizing advances of bi-weekly pay to herself or other employees of the District occurred with the tacit approval of the District Chief Recovery Officer and/or the District Receiver.
2. A transgression of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to McDonnell, in her capacities as the Acting Superintendent and the Superintendent of the District, failing to file Statements of Financial Interests for calendar years 2012, 2014, 2015, and 2016.
Order No. 1752 (Densberger)
Supervisor
Madison Township
136 Morehead Ave.
Millville, PA 17846
ORDER SUMMARY:
1. The participation of Michelle Densberger ("Densberger")—as a Supervisor for Madison Township ("Township"), Columbia County, Pennsylvania—in discussions and actions of the Township Board of Supervisors, which resulted in the Township utilizing First Columbia Bank & Trust as a banking/financial institution, constituted a conflict of interest pursuant to Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as First Columbia Bank & Trust is a business with which she is associated as an officer/employee.
2. Densberger's participation in discussions and actions of the Township Board of Supervisors, which resulted in the appointment/reappointment of Robert Densberger as an as-needed/part-time employee of the Township for 2015, constituted a technical conflict of interest pursuant to Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as Robert Densberger is her husband/a member of her immediate family.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Densberger's participation in discussions and actions of the Township Board of Supervisors, which resulted in the hiring of her husband, Robert Densberger, as an as-needed/part-time employee of the Township for 2014, based upon a non pros by the Investigative Division.
4. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Densberger's participation in discussions and actions of the Township Board of Supervisors, which resulted in the hiring of her husband, Robert Densberger, as an as-needed/part-time employee of the Township for 2017, as any gain realized by her husband ($152.25) is deemed to be de minimis.
5. A technical violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to Densberger not having a Statement of Financial Interests for calendar year 2013 on file with the Township.
6. A technical violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred in relation to Densberger neglecting to include the Township as a source of income upon Statements of Financial Interests filed for the 2012, 2014, 2015, and 2016 calendar years.
7. A technical violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred in relation to Densberger neglecting to include her employment with First Columbia Bank & Trust upon her Statement of Financial Interests for the 2016 calendar year.
8. No violation of Section 1105(b)(9) of the Ethics Act, 65 Pa.C.S. § 1105(b)(9), occurred based upon an insufficiency of evidence.
9. Per the Consent Agreement of the parties, Densberger is directed to make payment in the amount of $4,000.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.
10. Densberger is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter.
11. To the extent she has not already done so, Densberger is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2012, 2013, 2014, 2015, and 2016 with the Township, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.
12. Compliance with paragraphs 9, 10, and 11 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.
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1750 Peconi-Biricocchi
1751 McDonnell
1752 Densberger