The Pennsylvania State Ethics Commission has issued a final adjudication in the following matters under
The Ethics Act
HARRISBURG, PA –
Order No. 1858 (Morabito)
Supervisor
Allegheny Township
Westmoreland County, PA
ORDER SUMMARY:
1. A technical violation of Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), occurred when James Morabito (“Morabito”), as a Supervisor for Allegheny Township, Westmoreland County, Pennsylvania, used the authority of his office to solicit and receive donations for the Allegheny Township Community Days Fund, a business with which he was associated.
2. A violation of Sections 1105(a) and 1105(b)(5), (8), and (9) of the Ethics Act, 65 Pa.C.S. §§ 1105(a) and 1105(b)(5), (8), and (9), occurred when Morabito filed deficient Statements of Financial Interests for calendar years 2021, 2022, and 2023 by failing to list the governmental entity in which he was a public official, the correct calendar year for which he was filing, all direct or indirect sources of income of $1,300 or more, his office, directorship, or employment in any business, and the percentage of interest held in any legal entity in business for profit.
3. Per the Consent Agreement of the parties, Morabito is directed to make payment in the amount of $750.00 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. Morabito is directed to not accept any reimbursement, compensation or other payment from Allegheny Township 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, Morabito is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2021 through 2023 with Allegheny Township, 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. 1859 (Henry)
Supervisor
Frankstown Township
Blair 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 George Henry (“Henry”), as a Supervisor for Frankstown Township, voted for a developer’s agreement with Frankstown Development, LLC when he had the understanding that his business, Henry Enterprises, Inc., would receive work under this developer’s agreement and therefore receive a financial benefit.
2. A violation of Section 1105(b)(1) of the Ethics Act, 65 Pa.C.S. § 1105(b)(1), occurred when Henry failed to list his status as a candidate or current public official on his Statements of Financial Interests for calendar years 2020 and 2022.
3. A violation of Sections 1105(b)(5), (8), and (9) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5), (8), and (9), occurred when Henry failed to disclose all direct or indirect sources of income totaling $1,300 or more, whether he holds any office, directorship or employment of any nature whatsoever in any business entity, and whether he holds any financial interest in any legal entity engaged in business for profit on his Statements of Financial Interests for calendar years 2020, 2022, 2023 and 2024.
4. A violation of Section 1105(a) of the Ethics Act, 65 Pa.C.S. § 1105(a), occurred when Henry failed to file a Statement of Financial Interests for calendar year 2021.
5. Per the Consent Agreement of the parties, Henry is directed to make payment in the amount of $48,000.00 payable to Frankstown Township and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order.
6. Per the Consent Agreement of the parties, Henry is directed to make payment in the amount of $1,250.00 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.
7. Henry is directed to not accept any reimbursement, compensation or other payment from Frankstown Township 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, Henry is directed to file complete and accurate amended Statements of Financial Interests for calendar years 2020, 2022, 2023, and 2024 and a complete and accurate Statement of Financial Interests for calendar year 2021 with Frankstown Township, 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.
Order No. 1860 (Day)
Borough Manager
Mount Holly Springs
Cumberland County, PA
ORDER SUMMARY:
1. Thomas L. Day, Jr. (“Day”), a public employee in his capacity as Borough Manager and Police Chief for Mount Holly Springs Borough, Cumberland County (“Borough”), did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he used the authority of his public position as Borough Manager for the private pecuniary benefit of a member of his immediate family when he hired his son prior to the approval of Borough Council, based upon an insufficiency of evidence.
2. Day, a public employee in his capacity as Borough Manager and Police Chief, did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), as to the allegation that he used the authority of his public position as Borough Manager for the private pecuniary benefit of a member of his immediate family when he directed an increase to his son’s hourly rate without the approval of Borough Council, based upon an insufficiency of evidence.
3. Day, a public employee in his capacity as Borough Manager and Police Chief, did not violate Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), as to the allegation that he failed to file Statements of Financial Interests for calendar years 2019 through 2022, based upon an insufficiency of evidence.
4. Technical violations of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Day filed a deficient Statement of Financial Interests for calendar year 2023 by failing to provide responses to Block No. 5, Governmental Body, and Box No. 10, Direct/Indirect Sources of Income.
5. We hereby levy a civil penalty against Day in the total amount of $150.00 for the 2023 calendar year Day filed a deficient Statement of Financial Interests.
6. Day is ordered to make payment of the aforesaid civil penalty in the amount of $150.00 by no later than the thirtieth (30th) day after the mailing date of this Order, by forwarding to this Commission a certified check or money order in the amount of $150.00 made payable to the Commonwealth of Pennsylvania, for deposit in the State Treasury.
7. Day is directed to not accept any reimbursement, compensation, or other payment from the Borough representing a full or partial reimbursement of the aforesaid civil penalty.
8. Non-compliance with Paragraph 5, 6, or 7 of this Order will result in the initiation of an appropriate 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:
1858 James Morabito:
1859 George Henry:
1855 Thomas Day: