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11/07/2019

Final Adjudication Issued - Gindlesperger

Order No. 1759 (Gindlesperger) 
Board Member
Cambria County Arena Authority
Johnstown, PA 15901

ORDER SUMMARY:

1. As a Member of the Cambria County Arena Authority (“Authority”) Board of Directors (“Board”) Dean Gindlesperger (“Gindlesperger”) violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he, while a Member of the Authority Board, entered into negotiations with SMG to lease warehouse property owned by a company of which Gindlesperger is an owner, resulting in a private pecuniary benefit to that company.

2. Per the Consent Agreement of the parties, a violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when a contract for storage, valued at over $500.00, was entered into between a business with which Gindlesperger is associated and SMG/the Authority.

3. Gindlesperger denies having committed a violation of the Ethics Act concerning the new scoreboard at the arena now known as “1st Summit Arena @ the Cambria County Arena,” and denies having knowledge that his son was a part owner in Amphype Signs, LLC. Nevertheless, and without admitting any violation, for purposes of resolution given the terms of the parties’ settlement, Gindlesperger agrees that if this matter went to hearing, the Investigative Division could, by circumstantial evidence, meet the requisite evidentiary standard and convince a fact finder that he violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his participation in the Authority Board’s discussion and official action to effectuate the purchase/installation of a new scoreboard, resulting in a private pecuniary benefit to Amphype Signs, LLC, a business partially owned by his son.

4. Per the Consent Agreement of the parties, Gindlesperger is directed to make payment of $18,000 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission after the issuance of this Order, by paying $1,000 per month for a period of eighteen (18) months.

5. Per the Consent Agreement of the parties, Gindlesperger is directed to make a payment of $2,000, representing a portion of the costs incurred by this Commission in the investigation and enforcement of this matter, which shall be made payable to the Pennsylvania State Ethics Commission and forwarded to this Commission by no later than the sixtieth (60th) day after the mailing date of this Order.

6. Per the Consent Agreement of the parties, Gindlesperger is directed to not accept any reimbursement, compensation or other payment from the Authority Board representing a full or partial reimbursement of the amount paid in settlement of this matter.

7. To the extent he has not already done so, Gindlesperger is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2013, 2014, 2015, and 2016 with the Authority, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

8. Compliance with paragraphs 4, 5, 6, and 7 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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