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Final Adjudication Issued - Capobianco, Powers, and McDevitt

02/13/2024

Order No. 1829 (Capobianco) 
Borough Council Member 
Parkside Borough
Delaware County, PA

ORDER SUMMARY:

1.  A violation of Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), occurred when Dominic Capobianco, as a Member of Council for Parkside Borough, participated in discussions and actions of Parkside Borough Council to hire and pay a business with which he is associated, Capo’s Handyman Services, to disinfect Parkside Borough offices, resulting in a private pecuniary benefit to himself and/or a business with which he is associated. 

2.  A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Capobianco, as a former Member of Parkside Borough Council and as the then-current Parkside Borough Code Enforcement Officer, failed to file a Statement of Financial Interests for calendar year 2021. 

3. Per the Consent Agreement of the parties, Capobianco is directed to make payment in the amount of $4,000.00 payable to Parkside Borough and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.

4.    Capobianco 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.
5. To the extent he has not already done so, Capobianco is directed to file a complete and accurate Statement of Financial Interests for calendar year 2021 and complete and accurate amended Statements of Financial Interests for calendar years 2017, 2018, 2019, 2020, and 2022 with Parkside Borough, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.

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.

Order No. 1830 (Powers) 
Borough Council Member 
Parkside Borough
Delaware County, PA

ORDER SUMMARY:

1. 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 (30th) 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 (30th) 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. Non-compliance will result in the institution of an order enforcement action.


Order No. 1831 (McDevitt) 
Borough Council Member 
Mohnton Borough
Berks County, PA

ORDER SUMMARY:

1. Daniel McDevitt, as a Member of Council for Mohnton Borough (“Borough”), Berks County, Pennsylvania, violated Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), when he participated in discussions with Borough Council about considering Tompkins Insurance Agencies (“TIA”) — a business with which he was then associated as an employee — to become the Borough’s health insurance agent and voted to change the Borough’s health insurance agent to TIA, resulting in a private pecuniary benefit to TIA.      

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