Nov 29, 2022 3 min read

DONORA – The Pennsylvania State Ethics Commission will not continue an investigation into Councilwoman Cynthia Brice.

Brice was being investigated for allegedly using her position to participate in discussions about salary and/or holiday pay for her husband, former police superintendent James Brice.

Another complaint was lodged that the councilwoman used her position to repeal an ordinance that would have forced him to retire at age 65.

The Investigative Division of the Ethics Commission ruled there was no conflict of interest concerning the complaint regarding pay raises.

A letter Brice received from the Ethics Commission stated that while she did lobby for raises and holiday pay for her husband, council did not take any action to provide a raise or holiday pay, so there was no evidence of financial gain for James Brice.

“We did not find any evidence that your husband received a private pecuniary gain, which is a necessary element of a violation of the conflict of interest provision of the Ethics Act,” the letter reads.

Concerning the repeal of Ordinance 1181, which called for any police officer to retire once that officer reaches the age of 65, the Investigative Division found Brice voted on the original motion to repeal the ordinance, but “that vote had no practical outcome as there was no new ordinance to replace it, which is required for repeal.”

In May 2020, council voted to repeal the ordinance, which was placed on the books in 1979. His wife was one of five members of council who voted in favor of repealing the ordinance. James Brice turned 65 in 2019.

When a new ordinance was presented that was made retroactive to the date James Brice turned 65, his wife abstained from the vote.

“Based upon the above facts, the preliminary inquiry is terminated,” the letter reads. “However, we caution you that the use of authority of public office for financial gain, including the financial gain of a member of your immediate family, could form the basis for a violation of the Restricted Activities provisions of the Ethics Act. We urge you to avoid even the appearance of impropriety and abstain as to all matters in which you may have a conflict of interest.”

Cynthia Brice said she wasn’t even aware that she was being investigated until shortly before receiving the letter from the State Ethics Commission.

“The investigation was unfounded,” she said.

Mayor Donald Pavelko was a member of council in May 2020 and made the motion to repeal Ordinance 1181 at the time, claiming it was an illegal ordinance in relation to the federal Age Discrimination in Employment Act of 1967.

“I don’t see the point to that even being brought up,” Pavelko said. “She has gone above and beyond doing anything improper.”

Councilman Joseph Greco, who chairs the borough’s public safety committee, said the State Ethics Commission will have to live with its decision.

“They did what they did,” he said. “They have to live with their decision and we have to live with Cindy.”