The Pennsylvania State Ethics Commission has issued a final adjudication in the following matters under
The Ethics Act
HARRISBURG, PA –
Order No. 1843 (Eric Barton)
Supervisor
Otto Township
McKean 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 Eric Barton (“Barton”), as a Supervisor for Otto Township, McKean County, Pennsylvania:
a. Used the authority of his public position to effectuate the hiring of his brother to a paid position in Otto Township, resulting in a private pecuniary benefit to his brother; and
b. Used the authority of his public position to participate in the vote which included his reappointment to a compensated position on the Otto Township Sanitary Authority Board of Directors.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Barton, as a Member of the Board of Directors of the Otto Township Sanitary Authority, participated in votes to approve the budget with the knowledge that his own raise was included in the budget and separately voted to approve increased wages for himself.
3. Per the Consent Agreement of the parties, Barton is directed to make payment in the amount of $3,646.50 payable to the Otto Township Sanitary Authority and forwarded to the Pennsylvania State Ethics Commission within six (6) months of the issuance of this Order.
4. Barton is directed to not accept any reimbursement, compensation or other payment from Otto Township or the Otto Township Sanitary Authority 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, Barton is directed to file complete and accurate Statements of Financial Interests for calendar years 2019 through 2022 with Otto Township and for calendar years 2019 through 2023 with the Otto Township Sanitary Authority, through the Pennsylvania State Ethics 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. 1844 (Marvin Rudnitsky)
Member of Council
Borough of Selinsgrove
Snyder County, PA
ORDER SUMMARY:
1. For purposes of resolution given the terms of the parties’ settlement, Marvin Rudnitsky (“Rudnitsky”) agrees that if this matter went to a hearing, the Investigative Division could meet the requisite evidentiary standard and convince a fact finder that a violation of Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), occurred when Rudnitsky, in his capacity as a Member of Council for the Borough of Selinsgrove (“Borough”), Snyder County, Pennsylvania, participated in discussions and actions of Borough Council to disburse funds to the Regional Engagement Center, a non-profit business with which he and his daughter, an immediate family member, are associated.
2. Violations of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred when Rudnitsky failed to report serving on the Regional Engagement Center Board of Directors on Statements of Financial Interests filed for calendar years 2018 through 2022.
3. Per the Consent Agreement of the parties, Rudnitsky is directed to make payment in the amount of $625.00 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.
4. Rudnitsky 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.
5. To the extent he has not already done so, Rudnitsky is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2018 through 2022 with the Borough, through the Pennsylvania State Ethics 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. 1845 (Phillip Mazzarese)
Member of Council
Gallitzin Borough
Cambria 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 Phillip Mazzarese (“Mazzarese”) used his public position as a Member of Council for Gallitzin Borough (“Borough”), Cambria County, Pennsylvania, to perform work for and be paid by the Borough prior to his formal appointment to an employment position with the Borough.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Mazzarese used his public position as a Council Member to vote to hire himself as a part-time, as-needed Borough employee, resulting in a private pecuniary benefit to himself.
3. A violation of Sections 1105(b)(3), 1105(b)(4), 1105(b)(5), 1105(b)(6), 1105(b)(7), and 1105(b)(8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(3)—(1105)(b)(8), occurred when Mazzarese filed deficient Statements of Financial Interests for calendar years 2020 and 2021 by failing to disclose any real estate which was sold or leased to the Commonwealth; the name and address of creditors; all direct or indirect sources of income; gifts; transportation, lodging, and hospitality; and any office, directorship, or employment in any business.
4. A violation of Sections 1105(b)(8) and 1105(b)(9) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(8), 1105(b)(9), occurred when Mazzarese filed a deficient Statement of Financial Interests for calendar year 2022 by failing to list his office, directorship, or employment in any business and his financial interest in any legal entity engaged in business for profit.
5. Per the Consent Agreement of the parties, Mazzarese is directed to make payment in the amount of $2,712.54 payable to Gallitzin Borough and forwarded to the Pennsylvania State Ethics Commission within six (6) months of the issuance of this Order.
6. Per the Consent Agreement of the parties, Mazzarese is directed to make payment in the amount of $375.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within six (6) months of the issuance of this Order.
7. Mazzarese 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.
8. To the extent he has not already done so, Mazzarese is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2020, 2021, and 2022 with the Borough, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order.
9. Compliance with paragraphs 5, 6, 7, and 8 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.
You may access the full text version of the above rulings by clicking on the link below or by copying and pasting them into your browser:
1843 Eric Barton:
1844 Marvin Rudnitsky:
1845 Phillip Mazzarese: