HomeMy WebLinkAbout1451 EathorneIn Re: Robert Eathorne,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
Donald M. McCurdy
Paul M. Henry
Raquel K. Bergen
Nicholas A. Colafella
06 -053
Order No. 1451
12/19/07
12/28/07
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding a possible violation of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the
commencement of its investigation, the Investigative Division served upon Respondent
written notice of the specific allegation(s). Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." An Answer was not filed and a hearing was deemed waived.
All of the averments in the Investigative Complaint are admitted and are set forth as the
following Findings. The record is complete.
This adjudication of the State Ethics Commission is issued under the Ethics Act and
will be made available as a public document thirty days after the mailing date noted above.
However, reconsideration may be requested. Any reconsideration request must be
received at this Commission within thirty days of the mailing date and must include a
detailed explanation of the reasons as to why reconsideration should be granted in
conformity with 51 Pa. Code § 21.29(b). A request for reconsideration will not affect the
finality of this adjudication but will defer its public release pending action on the request by
the Commission.
The files in this case will remain confidential in accordance with the Ethics Act. Any
person who violates such confidentiality commits a misdemeanor and, upon conviction,
may be subject to a fine of not more than $1,000 or imprisonment for not more than one
year. Confidentiality does not preclude discussing this case with an attorney at law.
Eathorne, # 06 -053
Page 2
I. ALLEGATION:
That Robert Eathorne, a (public official /public employee) in his capacity as a
Member of the Westmoreland Municipal Authority (WWMA) violated the following
provisions of the State Ethics Act (Act 93 of 1998) when he used the authority of his public
position when he authorized advances of expenses for his attendance at conferences and
conventions and then claimed expenses in excess of actual expenses incurred; when he
used expense advancements for expenses incurred by his spouse; when he authorized
advance payments of expenses to him for conferences and convention related events he
did not attend; and when he authorized the use of WWMA credit card for the payment of
expenses and items of a personal nature for himself and his spouse.
§ 1103. Restricted activities
(a) Conflict of interest - -No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
II. FINDINGS:
1. The Investigative Division of the State Ethics Commission received a signed, sworn
complaint alleging that Robert Eathorne violated provisions of the State Ethics Act
(Act 93 of 1998).
2. Upon review of the complaint the Investigative Division initiated a preliminary
inquiry on September 14, 2006.
3. The preliminary inquiry was completed within sixty days.
4. On November 9, 2006, a letter was forwarded to Robert Eathorne, by the
Investigative Division of the State Ethics Commission, informing him that a
complaint against him was received by the Investigative Division and that a full
investigation was being commenced.
a. Said letter was forwarded by certified mail, no. 7006 2150 0000 8776 4254.
b. The domestic return receipt bore the signature of Patricia Henrickson, with a
Eathorne, # 06 -053
Page 3
delivery date of November 16, 2006.
5. On March 27, 2007, the Investigative Division of the State Ethics Commission filed
an application for a ninety -day extension of time to complete the investigation.
6. The Commission issued an order on March 7, 2007, granting the ninety -day
extension.
7 On June 8, 2007, the Investigative Division of the State Ethics Commission filed an
application for a second ninety -day extension of time to complete the investigation.
8. The Commission issued an order on June 11, 2007, granting the ninety -day
extension.
9. On October 26, 2007, an amended Notice of Investigation was forwarded to Robert
Eathorne, c/o Ronald Carnevali, Jr., Esq. Law Offices of Spence, Custer, Saylor,
Wolfe & Rose, L.L.C., by the Investigative Division of the State Ethics Commission
informing him that the allegations contained in the November 9, 2006, Notice of
Investigation were being amended.
a. Said letter was forwarded by certified mail, no. 7006 2150 0000 8776 4919.
b. The domestic return receipt bore the signature of Robert Snyder, with a
delivery date of October 29, 2007.
10. Periodic notice letters were forwarded to Robert Eathorne in accordance with the
provisions of the Ethics Law advising him of the general status of the investigation.
11. The Investigative Complaint was mailed to the Respondent on November 2, 2007.
12. Robert Eathorne has served as a member of the Western Westmoreland Municipal
Authority (WWMA) from July 18, 1996, until December 2006.
a. Eathorne was appointed to the WWMA by the Manor Borough Council.
1. Eathorne is also an elected member of Manor Borough Council.
13. Eathorne has held the position of board treasurer of the WWMA since February 17,
2000.
a. Eathorne was appointed WWMA treasurer at the WWMA reorganization
meeting of February 17, 2000, and reappointed at reorganization meetings
on the following dates:
02/15/01
02/21/02
02/20/03
02/19/04
02/17/05
02/16/06
b. Eathorne is not compensated in his position as treasurer.
14. The WWMA was formed in 1972 as a Joint Authority by the boroughs of Manor,
Irwin, and North Irwin; and the townships of North Huntingdon, Penn, and
Hempfield.
Eathorne, # 06 -053
Page 4
a. Articles of Incorporation were filed with the Pennsylvania Department of
State on February 24, 1972.
b. The WWMA was formed pursuant to the requirements of the Municipality
Authorities Act of 1945, as amended.
c. The purpose of the Authority is defined in the Articles of Incorporation:
The purpose of this Joint Authority is to and it is hereby directed and
empowered to undertake the planning, acquisition, construction, financing
and operation of a regional sewage transportation and treatment system to
serve the incorporating municipalities and adjacent areas."
15. Bylaws for the WWMA were originally adopted on February 29, 1972, and amended
on April 19, 1978; April 19, 1984; August 20, 1986; and April 23, 1996.
a. Article 11 of the bylaws provided for the appointment of officers including the
following:
Chairman
Vice - Chairman
Secretary
Treasurer
Assistant Secretary- Treasurer
Chairman of each Sludge Disposal, Insurance
Grounds and maintenance, and legal and
Engineering services
All positions with the exception of Assistant Secretary- Treasurer shall be
members of the Board of the Authority.
b. Compensation of officers of the Authority Board shall be determined by
resolution adopted at the annual meeting of the board subsequent to the
election of officers.
16. The position of Treasurer, as outlined in the bylaws, has the following duties and
responsibilities:
The Treasurer shall have the care and custody of all funds of the Authority
and shall deposit the same in the name of the Authority in such bank or
banks as the Board of the Authority may select. The Treasurer shall sign all
orders and checks for the payment of money, and shall pay out and disburse
such monies under the direction of the Board of the Authority. Except as
otherwise authorized by resolution of the Board of the Authority, all such
orders and checks shall be countersigned by the Chairman. He shall keep
regular books of accounts showing receipts and expenditures, and shall
render to the Board of the Authority at each regular meeting (or more often
when requested) an account of his transactions and also of the financial
condition of the Authority. He shall give such bond for the faithful
performance of his duties as the Board of the Authority may determine and
pay for.
17. Eathorne's main function as treasurer has been to co -sign checks along with
assistant secretary /treasurer Barbara Balcerek.
a. Eathorne has reviewed invoices prior to payment being made by Balcerek.
Eathorne, # 06 -053
Page 5
18. The WWMA annually budgets for board members to travel for seminars and
meetings.
a. The budget for such travel also includes the Plant Manager and Assistant
Secretary- Treasurer.
19. Since 2003, the WWMA has budgeted and spent the following for travel expenses:
Years Budd Spent
2003 $30,000.00 $39,269.00
2004 $35,000.00 $63,070.00
2005 $35,000.00 $49,240.00
a. Travel expenses for seminars /conventions decreased in 2006 around the
time that the investigation of Eathorne began.
20. WWMA board members and selected employees have regularly attended
conferences, conventions, and seminars since at least 2001.
a. Board authorization has not been required prior to each travel pursuant to
travel policies adopted by the WWMA Board of Directors.
b. Travel for conventions and conferences has included but has not been
limited to the following:
Allegheny League of Municipalities (ALOM)
Pennsylvania Municipal Authorities Association (PMAA)
Water Environment Federation (WEFTEC)
Pennsylvania Water Environment Association (PWEA)
21. WWMA procedures for a board member or employee attending conferences,
seminars, and conventions include the following:
a. Board members are provided announcements of seminars and conferences
by Balcerek.
1. The member will advise Balcerek of events of interest.
2. Balcerek registers members to attend various events and arranges
airfare and hotels, at the conference site.
b. Balcerek w i l l issue advance payments to board members for travel expenses
and pay registration fees for hotels and conferences.
1. Eathorne co -signs all checks issued for advances and registration
fees.
22. The WWMA board does not vote to authorize member travel for conferences and
conventions.
a. Authorization to travel does not require a board vote pursuant to WWMA
travel policies.
b. Authorization is not necessary to receive expense advancements.
23. Policies for travel have been amended on occasion since 1999.
Eathorne, # 06 -053
Page 6
a. Policy changes have included increasing the advance expense amounts
allotted to board members.
b. Eathorne has advocated and participated in WWMA decisions to increase
advances issued to members for travel - related expenses.
24. During his tenure on the WWMA, Eathorne has consistently advocated for
increased advance payments to board members for travel and has argued against
any attempts to restrict travel or put limits on board members' travel.
a. Eathorne has argued against any restrictions due to the extensive travel by
him and his wife at rate payer expense.
25. During the September 16, 1999, WWMA board meeting, Eathorne commented on
his review of the policy for conference expenses and advocated for an increase in
the advance amount.
a. Eathorne reported that the advance amount of $1,500.00 approved by the
WWMA was insufficient.
b. Eathorne stated that expenses have increased and [he] feels the advance
should be increased.
c. A motion made by Eathorne to amend the policy for conference expenses by
increasing advances to $2,000.00 was approved unanimously.
26. The costs incurred by members of WWMA when attending conferences has been
the subject of comments and criticism by the public.
a. Criticisms have been raised at times when the WWMA has authorized sewer
rate increases.
27. On February 21, 2002, as a result of questions raised regarding member travel and
a State Ethics Commission investigation of a public official in another jurisdiction,
the WWMA unanimously voted to approve a moratorium on all travel by members to
conferences and meetings until September 4, 2002.
a. Municipalities' objections to a sewer rate increase was also a factor in this
action being taken.
28. At the subsequent board meeting held on March 21, 2002, Eathorne attempted to
rescind the moratorium on travel to conferences and seminars.
a. Eathorne's motion was defeated by a 5 to 2 vote.
29. The WWMA lifted the moratorium in September 2002.
a. Contemporaneously with the moratorium being lifted, Eathorne advocated
the increase from $2,000 to $2,500 in expense advance funds in time for his
travel to the WEFTEC conference in Chicago.
30. Eathorne participated in WWMA board action in September 2002 which again
increased the conference advance of expenses.
a. A motion was approved by the board on September 19, 2002, increasing the
amount of the advance money from $2,000.00 to $2,500.00.
Eathorne, # 06 -053
Page 7
1. Eathorne seconded the motion.
2. Eathorne advocated the advance prior to his attendance at 2002
WEFTEC conference held in Chicago.
b. Eathorne advocated the advance increase 18 days after a travel moratorium
was lifted.
c. The advance expenses for conference attendance have remained at $2,500
since September 19, 2002.
31. The WWMA's policies and procedures approved on April 19, 2000, regarding
conference attendance and expenses includes the following:
a. The Authority shall maintain membership in the Pennsylvania Municipal
Authorities Association and its Regional Organization, the Water Pollution
Control Federation, the Water Pollution Control Association of Pennsylvania,
and the Western Pennsylvania Water Pollution Control Association, Inc. In
addition, the Authority may, by motion of the board, join other associations
and organizations concerned with municipal or governmental affairs.
b. Any board member, officer, manager, or solicitor of the Authority is
authorized, without further action of the Authority, to attend any convention,
conference, seminar, or meeting of any of the above organizations.
c. The Authority shall reimburse the expenses of each such person attending
the above functions.
d. Such expenses shall consist of the following:
1. Registration fees;
2. Travel;
A. Mileage for personal vehicle - current I.R.S. allowance. No
mileage will be paid for rental vehicles, or Authority -owned
vehicles.
B. Commercial travel -- as arranged by the Authority;
3. Lodging; as arranged by the Authority;
4. Meals;
5. All other actual expenses reasonably incurred in traveling to and
attending such functions.
e. Each attendee may request from the Authority an advancement for expenses
not to exceed $2,000.00. Each attendee shall submit to the Authority, within
60 days of the conclusion of the function, or December 31 of the year in
which the function occurs, whichever first occurs, an itemized expense
statement on a form designated by the Authority, together with supporting
receipts and documentation of such expenses. Each attendee may incur
miscellaneous documented by [sic] unreceipted expenses to a maximum of
$25.00 per function. If no expense report is filed along with the proper
receipts within the 60 days or on or before December 31 in the year in
which the function occurs, whichever first occurs, all advances will become
Eathorne, # 06 -053
Page 8
income and a Form 1099 will be sent on the amount advanced.
f. The Assistant Secretary- Treasurer of the Authority is authorized and
directed to undertake all actions required to carry out the policies and
procedures herein set forth.
32. On September 28, 2004, the WWMA board of directors, including Eathorne,
approved a revised conference travel policy and procedure.
a. The only difference between the April 19, 2000, policy and the September
28, 2004, policy is the documentation of the increase in the advance for
expenses from $2,000.00 to $2,500.00.
1. This revision was approved on September 19, 2002 (Finding #30).
33. The WWMA travel policies in effect since at least 2000 have provided for the
reimbursement for actual expenses reasonably incurred in traveling to and
attending functions provided that the attendee shall submit to the WWMA an
itemized expense statement together with supporting receipts and documentation of
such expenses.
a. Miscellaneous unreceipted expenses of $25.00 per function were also
authorized.
b. If an attendee failed to submit an itemized expense report, a form 1099
would be issued in the amount of the advance amount.
c. Travel policies did not provide for the reimbursement of spousal and /or guest
expenses.
34. Board member travel expenses are not approved by a vote of the WWMA board of
directors.
a. Board members' advanced registrations for conferences, lodging, and airfare
are paid by WWMA check or by use of a WWMA credit card.
1. Airfare and related expenses for out -of -state travel were charged to
American Express Cards issued to Barbara Balcerek and the WWMA
Plant Managers Barry Riley and Kevin Fisher.
b. Balcerek issues advance checks to members making a request.
1. All advance checks between 2001 and 2006 were co- signed by
Eathorne.
2. The board does not approve advance payments or any expenses
claimed by board members.
c. Travel expense reports are reviewed only by assistant treasurer Balcerek.
1. Balcerek tabulates receipts submitted to insure amounts claimed
equal advances of expenses.
2. Balcerek will issue an additional expense check if amounts claimed
exceed the amount of the advance.
3. Balcerek does not challenge any expenses claimed by board
Eathorne, # 06 -053
Page 9
members.
4. Prior to 2005, no expenses claimed by board members have been
disputed.
d. Travel expense reports are not reviewed or approved by the WWMA board.
e. Board members have submitted receipts which have not been scrutinized or
reviewed by anyone with authority to challenge individual claims.
35. During the July 21, 2005, WWMA board meeting, officials from North Huntingdon
Township raised questions regarding board member expenses, including advance
payments.
a. Solicitor John Campfield addressed the advance payments made to board
members and stated that board members were not permitted to use advance
funds to pay for spousal expenses.
b. Eathorne also responded as follows: "I can tell you that when people get
an advance, they'll bring back their receipts and the money that is not spent.
Those receipts are for their expenses."
c. Eathorne also responded to a question regarding reimbursements in excess
of advances: "Legitimate expenses are reimbursed."
d. Eathorne also noted that there was no dollar limit on the amount of expenses
that could be reimbursed.
36. In or about March 2006 WWMA board member John Shepherd, appointed by North
Huntingdon Township (NHT), suggested to the WWMA that the board adopt similar
travel policies as enacted for NHT officials.
a. The NHT travel policy was distributed to all WWMA board members at the
March 16, 2006, WWMA Meeting.
b. The NHT travel policy had tight spending limits for board member travel.
c. Shepherd proposed the policy due to high costs incurred by Eathorne and
other board members when traveling at WWMA expense.
37. During the April 20, 2006, meeting, board members, including Eathorne,
commented on the proposal to reduce travel expenses for board members.
a. Board members Nabuda, Eathorne, and Pioth were opposed to any changes
in the travel policy or the advance amounts given to board members for
travel.
b. In response to board member Pioth's comment that advance amounts as
proposed by Shepherd were low, Eathorne commented, "I consider that an
insult."
38. Board travel expenses and board members' lack of attendance at convention and
seminar events were again discussed during the May 18, 2006, meeting.
a. Board member John Shepherd recommended that the Board invite the State
Ethics Commission to look at the expenses for the 2004 convention in New
Orleans.
Eathorne, # 06 -053
Page 10
b. Eathorne was opposed and is quoted as follows:
"What more do you want? North Huntingdon Township has looked at them.
John Sarp has looked at them. And found them to be free and clear of any
fraud or misrepresentation."
c. A motion was made by Shepherd, seconded by board member Larry Chrzan,
to have the State Ethics Commission look at the 2004 travel expense
vouchers from the WEFTEC New Orleans convention.
1. The motion was defeated by a 7 to 2 vote.
2. Robert Eathorne voted against the motion.
39. Robert Eathorne, as a member of the WWMA, has attended at least 30
conferences, conventions, and workshops between October 2001 and October
2006.
a. Eathorne has attended conferences, conventions, and workshops of the
following:
Pennsylvania Municipal Authorities Association (PMAA)
Allegheny League of Municipalities (ALOM)
Water Environment Federation (WEFTEC)
Pennsylvania Water Environment Association (PWEA)
b. PMAA conferences are held annually in either Pittsburgh or Hershey.
c. ALOM conferences are held annually in the Spring and Fall of each year at
Seven Springs Resort.
d. WEFTEC conferences are held annually and have been held in such
locations as Chicago, IL; Atlanta, GA; Pasadena, CA; New Orleans, LA;
Dallas, TX; and Washington, D.C.
40. Robert Eathorne's spouse, Patricia Henrickson Eathorne, has accompanied
Eathorne on all conferences attended by Eathorne.
a. The majority of Patricia Eathorne's expenses incurred while accompanying
Eathorne have been paid by the WWMA.
1. Eathorne has paid for his spouse's airfare when attending WEFTEC
conferences.
41. Eathorne has received advances of expenses for conferences and /or conventions
on a regular basis from August 2001 through 2006 as follows:
a. ALOM
4/3/03 $ 500.00
9/23/03 $ 800.00
9/21/04 $ 800.00
4/7/05 $ 800.00
9/27/05 $ 800.00
4/6/06 $1,000.00
9/5/06 $ 800.00
$5,500.00
b. PMAA
Eathorne, # 06 -053
Page 11
8/23/01 $1,500.00
8/19/03 $1,500.00
8/19/04 $1,200.00
9/8/05 $1,200.00
9/7/06 $ 800.00
$6,200.00
c. WEFTEC
10/19/01 $ 2,000.00
9/24/02 $ 2,500.00
10/9/03 $ 2,500.00
9/28/04 $ 2,500.00
9/27/05 $ 2,500.00
10/19/06 $ 2,000.00
$14,000.00
d. Pumper Expo
2/7/06 $ 2,500.00
e. Legislative Days
5/6/03 $ 700.00
5/6/04 $ 700.00
f. PWEA
7/11/06
Total of Advances
$ 800.00
$30,400.00
g. Totals by year:
2001 $ 3,500.
2002 $ 2,500.
2003 $ 6,000.
2004 $ 5,200.
2005 $ 5,300.
2006 $ 7,900.
$30,400.
h. These advances do not encompass all monies paid to the Eathornes or on
Eathorne's behalf by the WWMA for expense claims made by Eathorne.
42. Eathorne would typically submit travel expense reports to Barbara Balcerek at the
conclusion of a travel event.
a. Eathorne did not submit expense reports in 2001 and 2006.
1. Eathorne received FORM 1099's from the WWMA in both of those
years.
2. Tax returns filed by Eathorne for 2001 and 2006 claim expenses in
excess of the advances.
43. Travel expense reports submitted by Eathorne would include:
- WWMA expense report form
- hotel invoice
- turnpike toll receipts
- restaurant receipts
- generic receipt stubs
- cab receipts
Conference
Number
Date
Amount
2001 Fall ALOM
308370
9/27/2001
$ 21.00
2001 Fall ALOM
357055
9/27/2001
$ 35.00
2001 Fall ALOM
824633
9/30/2001
$ 30.00
2001 Fall PMAA
65622
8/27/2001
$ 40.00
2001 Fall PMAA
65624
8/28/2001
$ 109.00
2001 Fall PMAA
65634
8/25/2001
$ 30.00
2001 Fall PMAA
65636
8/26/2001
$ 32.00
2001 Fall PMAA
85248
8/28/2001
$ 21.00
2001 Fall PMAA
85441
8/27/2001
$ 20.00
2001 Fall PMAA
86349
8/26/2001
$ 25.00
2001 Fall PMAA
145705
8/27/2001
$ 61.00
2001 Fall PMAA
450171
8/25/2001
$ 80.00
2001 Fall PMAA
467817
8/26/2001
$ 75.00
2001 Fall PMAA
717708
8/25/2001
$ 15.00
2001 Fall PMAA
874795
8/28/2001
$ 18.00
2001 Spring PMAA
57281
3/20/2001
$ 25.00
Eathorne, # 06 -053
Page 12
- vehicle rental receipts
44. The generic receipt stubs submitted by Eathorne constituted the bulk of the meal
expenses claimed by Eathorne.
a. These types of receipts were submitted by Eathorne to justify expenses and
enabled him to keep the entire amount of advance expense checks issued to
him.
b. The stubs never identified a restaurant or location where expenses were
allegedly incurred.
c. Receipt stubs submitted by Eathorne were often numbered sequentially,
matching in style, format, and manufacturer, and giving the appearance that
stubs were from the same receipt book.
d. Eathorne is not the only WWMA board member to have extensively used
these types of receipts.
1. Only Plant Manager Barry Riley submitted such stubs in similar
volume as Eathorne to justify expenses.
2. Most board members submit receipts which identify vendor, location,
date, and time of purchase or meal.
e. Many of the receipt stubs submitted by Eathorne claim dinner expenses.
1. Eathorne was known to frequently dine at dinners hosted by vendors,
vendor hospitality suites or dine at the expense of the township
engineer.
2. Even though Eathorne did not pay for these meals, he nonetheless
submitted receipts claiming the expense.
45. Eathorne has submitted 134 generic receipt stubs claiming expenses totaling
$7,148.62 as follows:
2001 Spring PMAA
70478
3/21/2001
$ 30.00
2001 Spring PMAA
364076
3/21/2001
$ 70.00
2001 Spring PMAA
512634
3/19/2001
$ 30.00
2001 Spring PMAA
549287
3/19/2001
$ 15.00
2001 Spring PMAA
591582
3/18/2001
$ 75.00
2001 Spring PMAA
717715
3/21/2001
$ 20.00
2001 Spring PMAA
718903
3/20/2001
$ 16.00
2001 Spring PMAA
806291
3/18/2001
$ 19.00
2001 Spring PMAA
0141 -21
3/18/2001
$ 14.00
2001 WEFTEC
33017
10/13/2001
$ 21.00
2001 WEFTEC
51893
10/18/2001
$ 80.00
2001 WEFTEC
65335
10/18/2001
$ 30.00
2001 WEFTEC
65340
10/16/2001
$ 65.00
2001 WEFTEC
65633
10/14/2001
$ 22.00
2001 WEFTEC
97868
10/16/2001
$ 25.00
2001 WEFTEC
317957
10/14/2001
$ 25.00
2001 WEFTEC
340836
10/17/2001
$ 80.00
2001 WEFTEC
357059
10/17/2001
$ 32.00
2001 WEFTEC
357061
10/13/2001
$ 32.00
2001 WEFTEC
633420
10/16/2001
$ 40.00
2001 WEFTEC
633421
10/18/2001
$ 30.00
2001 WEFTEC
717716
10/17/2001
$ 21.00
2001 WEFTEC
717717
10/13/2001
$ 95.00
2001 WEFTEC
729947
10/14/2001
$ 92.00
2001 WEFTEC
729958
10/15/2001
$ 31.00
2001 WEFTEC
824647
10/15/2001
$ 20.00
2001 WEFTEC
914016
10/15/2001
$ 106.00
2002 WEFTEC
3043
10/2/2002
$ 13.73
2002 WEFTEC
65628
9/30/2002
$ 115.00
2002 WEFTEC
71501
10/2/2002
$ 40.00
2002 WEFTEC
71508
10/1/2002
$ 120.00
2002 WEFTEC
433532
10/2/2002
$ 38.00
2002 WEFTEC
644894
9/30/2002
$ 45.00
2002 WEFTEC
990214
9/28/2002
$ 240.00
2005 WEFTEC
79275
11/2/2005
$ 108.00
2005 WEFTEC
500579
10/31/2005
$ 30.00
2005 WEFTEC
633431
11/2/2005
$ 32.00
2005 WEFTEC
807583
10/29/2005
$ 40.00
2005 WEFTEC
960732
11/1/2005
$ 44.00
2005 WEFTEC
1137384
10/30/2005
$ 110.00
Fall 04 ALOM Conference
874797
9/23/2004
$ 51.83
Fall 04 ALOM Conference
953393
9/28/2004
$ 45.00
Legislative Day
50218
5/14/2003
$ 65.00
Legislative Day
165342
5/13/2003
$ 21.00
Legislative Day
320508
5/12/2003
$ 50.00
Legislative Day
559054
5/14/2003
$ 25.00
Legislative Day
990213
5/12/2003
$ 35.00
PMAA Conference
40841
8/23/2004
$ 52.00
PMAA Conference
65329
9/14/2005
$ 34.00
Eathorne, # 06 -053
Page 13
PMAA Conference
79269
9/13/2005
$ 31.00
PMAA Conference
79272
9/11/2005
$ 110.15
PMAA Conference
128668
8/25/2003
$ 30.30
PMAA Conference
128694
8/26/2003
$ 32.15
PMAA Conference
145026
8/24/2003
$ 25.30
PMAA Conference
204794
8/24/2003
$ 107.00
PMAA Conference
205245
8/27/2003
$ 180.00
PMAA Conference
285932
8/25/2003
$ 25.50
PMAA Conference
291853
8/23/2004
$ 48.00
PMAA Conference
450173
8/23/2004
$ 150.00
PMAA Conference
470143
9/13/2005
$ 69.00
PMAA Conference
497528
9/14/2005
$ 35.00
PMAA Conference
500222
9/12/2005
$ 94.61
PMAA Conference
633415
9/11/2005
$ 31.00
PMAA Conference
740751
9/14/2005
$ 131.00
PMAA Conference
849576
8/23/2004
$ 150.00
PMAA Conference
874799
8/22/2004
$ 15.83
PMAA Conference
981424
9/12/2005
$ 28.00
Pumper Expo
51894
2/16/2006
$ 36.00
Pumper Expo
65333
2/19/2006
$ 134.00
Pumper Expo
65336
2/18/2006
$ 145.00
Pumper Expo
65621
2/14/2006
$ 40.00
Pumper Expo
65638
2/19/2006
$ 35.00
Pumper Expo
65906
2/14/2006
$ 38.00
Pumper Expo
79273
2/17/2006
$ 130.00
Pumper Expo
317953
2/16/2006
$ 31.00
Pumper Expo
405244
2/17/2006
$ 51.00
Pumper Expo
464097
2/18/2006
$ 29.00
Pumper Expo
471734
2/15/2006
$ 31.00
Pumper Expo
843001
2/15/2006
$ 43.00
Pumper Expo
936435
2/16/2006
$ 102.00
Spring 05 ALOM Conference
260323
$ 20.00
Spring 05 ALOM Conference
288409
$ 65.00
Spring 05 ALOM Conference
767329
$ 22.60
Spring 05 ALOM Conference
824624
$ 35.00
Spring 05 ALOM Conference
955635
$ 13.47
Spring 06 ALOM Conference
281329
4/9/2006
$ 126.00
Spring 06 ALOM Conference
373782
4/6/2006
$ 15.00
Spring 06 ALOM Conference
556617
4/6/2006
$ 26.00
2003 WEFTEC
34302
10/17/2003
$ 30.00
2003 WEFTEC
64190
10/13/2003
$ 21.00
2003 WEFTEC
65911
10/15/2003
$ 21.00
2003 WEFTEC
79271
10/12/2003
$ 32.00
2003 WEFTEC
79274
10/11/2003
$ 30.00
2003 WEFTEC
98232
10/12/2003
$ 26.00
2003 WEFTEC
140648
10/14/2003
$ 23.00
2003 WEFTEC
150594
10/15/2003
$ 65.00
2003 WEFTEC
257833
10/15/2003
$ 25.00
2003 WEFTEC
264733
10/17/2003
$ 15.00
Eathorne, # 06 -053
Page 14
Conference
Number
Date
Amount
2002 WEFTEC
3043
10/2/2002
$ 13.73
2001 WEFTEC
33017
10/13/2001
$ 21.00
PMAA Conference
40841
8/23/2004
$ 52.00
Legislative Day
50218
5/14/2003
$ 65.00
2001 WEFTEC
51893
10/18/2001
$ 80.00
Pumper Expo
51894
2/16/2006
$ 36.00
2001 Spring PMAA
57281
3/20/2001
$ 25.00
PMAA Conference
65329
9/14/2005
$ 34.00
Pumper Expo
65333
2/19/2006
$134.00
2001 WEFTEC
65335
10/18/2001
$ 30.00
Pumper Expo
65336
2/18/2006
$145.00
2001 WEFTEC
65340
10/16/2001
$ 65.00
Pumper Expo
65621
2/14/2006
$ 40.00
2001 Fall PMAA
65622
8/27/2001
$ 40.00
2001 Fall PMAA
65624
8/28/2001
$109.00
2002 WEFTEC
65628
9/30/2002
$115.00
2001 WEFTEC
65633
10/14/2001
$ 22.00
2001 Fall PMAA
65634
8/25/2001
$ 30.00
2001 Fall PMAA
65636
8/26/2001
$ 32.00
Pumper Expo
65638
2/19/2006
$ 35.00
Pumper Expo
65906
2/14/2006
$ 38.00
2001 Spring PMAA
70478
3/21/2001
$ 30.00
2002 WEFTEC
71501
10/2/2002
$ 40.00
2003 WEFTEC
287358
10/11/2003
$ 25.50
2003 WEFTEC
317956
10/16/2003
$ 15.00
2003 WEFTEC
500461
10/15/2003
$ 35.00
2003 WEFTEC
777119
10/15/2003
$ 23.00
2004 WEFTEC
130867
$ 167.84
2004 WEFTEC
435178
10/2/2004
$ 55.00
2004 WEFTEC
717175
10/6/2004
$ 210.00
2004 WEFTEC
783365
10/4/2004
$ 61.50
2004 WEFTEC
783368
$ 39.00
2004 WEFTEC
783375
$ 21.00
2004 WEFTEC
783377
10/4/2004
$ 25.00
2004 WEFTEC
783378
10/5/2004
$ 110.00
2004 WEFTEC
783379
$ 19.00
2004 WEFTEC
824620
$ 16.37
Legislative Day
58614
5/11/2004
$ 120.30
Legislative Day
95161
5/11/2004
$ 25.00
Legislative Day
129003
5/11/2004
$ 45.80
Legislative Day
724423
5/10/2004
$ 22.10
Legislative Day
Legislative Day
872909
0058614
5/10/2004
5/11/04
$ 114.74
$ 120.00
Eathorne, # 06 -053
Page 15
46. Many of the receipt stubs submitted by Eathorne in his handwriting are parts of
sequences of numbers identical in format and generated from a series of the same
books as depicted below:
2002 WEFTEC
71508
10/1/2002
$120.00
PMAA Conference
79269
9/13/2005
$ 31.00
PMAA Conference
79272
9/11/2005
$110.15
Pumper Expo
79273
2/17/2006
$130.00
2005 WEFTEC
79275
11/2/2005
$108.00
2001 Fall PMAA
85248
8/28/2001
$ 21.00
2001 Fall PMAA
85441
8/27/2001
$ 20.00
2001 Fall PMAA
86349
8/26/2001
$ 25.00
2001 WEFTEC
97868
10/16/2001
$ 25.00
PMAA Conference
128668
8/25/2003
$ 30.30
PMAA Conference
128694
8/26/2003
$ 32.15
PMAA Conference
145026
8/24/2003
$ 25.30
2001 Fall PMAA
145705
8/27/2001
$ 61.00
Legislative Day
165342
5/13/2003
$ 21.00
PMAA Conference
204794
8/24/2003
$107.00
PMAA Conference
205245
8/27/2003
$180.00
Spring 05 ALOM Conference
260323
$ 20.00
Spring 06 ALOM Conference
281329
4/9/2006
$126.00
PMAA Conference
285932
8/25/2003
$ 25.50
Spring 05 ALOM Conference
288409
$ 65.00
PMAA Conference
291853
8/23/2004
$ 48.00
2001 Fall ALOM
308370
9/27/2001
$ 21.00
Pumper Expo
317953
2/16/2006
$ 31.00
2001 WEFTEC
317957
10/14/2001
$ 25.00
Legislative Day
320508
5/12/2003
$ 50.00
2001 WEFTEC
340836
10/17/2001
$ 80.00
2001 Fall ALOM
357055
9/27/2001
$ 35.00
2001 WEFTEC
357059
10/17/2001
$ 32.00
2001 WEFTEC
357061
10/13/2001
$ 32.00
2001 Spring PMAA
364076
3/21/2001
$ 70.00
Spring 06 ALOM Conference
373782
4/6/2006
$ 15.00
Pumper Expo
405244
2/17/2006
$ 51.00
2002 WEFTEC
433532
10/2/2002
$ 38.00
2001 Fall PMAA
450171
8/25/2001
$ 80.00
PMAA Conference
450173
8/23/2004
$150.00
Pumper Expo
464097
2/18/2006
$ 29.00
2001 Fall PMAA
467817
8/26/2001
$ 75.00
PMAA Conference
470143
9/13/2005
$ 69.00
Pumper Expo
471734
2/15/2006
$ 31.00
PMAA Conference
497528
9/14/2005
$ 35.00
PMAA Conference
500222
9/12/2005
$ 94.61
2005 WEFTEC
500579
10/31/2005
$ 30.00
2001 Spring PMAA
512634
3/19/2001
$ 30.00
2001 Spring PMAA
549287
3/19/2001
$ 15.00
Spring 06 ALOM Conference
556617
4/6/2006
$ 26.00
Legislative Day
559054
5/14/2003
$ 25.00
2001 Spring PMAA
591582
3/18/2001
$ 75.00
PMAA Conference
633415
9/11/2005
$ 31.00
2001 WEFTEC
633420
10/16/2001
$ 40.00
Eathorne, # 06 -053
Page 16
2001 WEFTEC
633421
10/18/2001
$ 30.00
2005 WEFTEC
633431
11/2/2005
$ 32.00
2002 WEFTEC
644894
9/30/2002
$ 45.00
2001 Fall PMAA
717708
8/25/2001
$ 15.00
2001 Spring PMAA
717715
3/21/2001
$ 20.00
2001 WEFTEC
717716
10/17/2001
$ 21.00
2001 WEFTEC
717717
10/13/2001
$ 95.00
2001 Spring PMAA
718903
3/20/2001
$ 16.00
2001 WEFTEC
729947
10/14/2001
$ 92.00
2001 WEFTEC
729958
10/15/2001
$ 31.00
PMAA Conference
740751
9/14/2005
$131.00
Spring 05 ALOM Conference
767329
$ 22.60
2001 Spring PMAA
806291
3/18/2001
$ 19.00
2005 WEFTEC
807583
10/29/2005
$ 40.00
Spring 05 ALOM Conference
824624
$ 35.00
2001 Fall ALOM
824633
9/30/2001
$ 30.00
2001 WEFTEC
824647
10/15/2001
$ 20.00
Pumper Expo
843001
2/15/2006
$ 43.00
PMAA Conference
849576
8/23/2004
$150.00
2001 Fall PMAA
874795
8/28/2001
$ 18.00
Fall 04 ALOM Conference
874797
9/23/2004
$ 51.83
PMAA Conference
874799
8/22/2004
$ 15.83
2001 WEFTEC
914016
10/15/2001
$106.00
Pumper Expo
936435
2/16/2006
$102.00
Fall 04 ALOM Conference
953393
9/28/2004
$ 45.00
Spring 05 ALOM Conference
955635
$ 13.47
2005 WEFTEC
960732
11/1/2005
$ 44.00
PMAA Conference
981424
9/12/2005
$ 28.00
Legislative Day
990213
5/12/2003
$ 35.00
2002 WEFTEC
990214
9/28/2002
$240.00
2005 WEFTEC
1137384
10/30/2005
$110.00
2001 Spring PMAA
0141 -21
3/18/2001
$ 14.00
2003 WEFTEC
34302
10/17/2003
$ 30.00
Legislative Day
58614
5/11/2004
$120.30
2003 WEFTEC
64190
10/13/2003
$ 21.00
2003 WEFTEC
65911
10/15/2003
$ 21.00
2003 WEFTEC
79271
10/12/2003
$ 32.00
2003 WEFTEC
79274
10/11/2003
$ 30.00
Legislative Day
95161
5/11/2004
$ 25.00
2003 WEFTEC
98232
10/12/2003
$ 26.00
Legislative Day
129003
5/11/2004
$ 45.80
2004 WEFTEC
130867
$167.84
2003 WEFTEC
140648
10/14/2003
$ 23.00
2003 WEFTEC
150594
10/15/2003
$ 65.00
2003 WEFTEC
257833
10/15/2003
$ 25.00
2003 WEFTEC
264733
10/17/2003
$ 15.00
2003 WEFTEC
287358
10/11/2003
$ 25.50
2003 WEFTEC
317956
10/16/2003
$ 15.00
2004 WEFTEC
435178
10/2/2004
$ 55.00
Eathorne, # 06 -053
Page 17
2003 WEFTEC
500461
10/15/2003
$ 35.00
2004 WEFTEC
717175
10/6/2004
$210.00
Legislative Day
724423
5/10/2004
$ 22.10
2003 WEFTEC
777119
10/15/2003
$ 23.00
2004 WEFTEC
783365
10/4/2004
$ 61.50
2004 WEFTEC
783368
$ 39.00
2004 WEFTEC
783375
$ 21.00
2004 WEFTEC
783377
10/4/2004
$ 25.00
2004 WEFTEC
783378
10/5/2004
$110.00
2004 WEFTEC
783379
$ 19.00
2004 WEFTEC
824620
$ 16.37
Legislative Day
872909
5/10/2004
$114.74
Eathorne, # 06 -053
Page 18
47. None of the generic receipt stubs submitted by Eathorne could be documented as
expenses actually incurred for any conference - related purpose.
a. Eathorne used these receipts to justify retaining entire advance expense
payments.
b. Of the approximate (30) thirty events attended by Eathorne when he
received an advance, he returned funds to the WWMA on only one
occasion.
THE FOLLOWING FINDINGS RELATE TO EATHORNE'S EXPENSES IN RELATION
TO ALOM EVENTS
48. Eathorne attended Spring and Fall conferences held by the ALOM annually
between 2003 and 2006.
a. Eathorne did not attend the 2002 conferences due to the WWMA's ban on
travel in 2002.
b. Expenses for Eathorne's attendance were paid by the WWMA.
1. Expenses for Eathorne's wife were also paid by the WWMA.
2. The expenses for his wife were submitted to the WWMA by Eathorne.
c. WWMA board members' attendance, particularly Eathorne's, has been
questioned because ALOM events relate most to concerns of Allegheny
County Municipalities.
1. Eathorne ignored concerns and attended the events.
49. The ALOM is an organization of borough(s), townships, cities, municipalities,
municipal authorities and Allegheny County, formed to assist local elected and
appointed officials in areas of communication and cooperation on mutual matters of
area -wide concern.
a. Officials participate through the league's board of directors, committees,
municipal workshops, and county associations of borough(s) and townships.
b. The ALOM was established in or about February 1963.
50. The WWMA is a member of the ALOM.
Eathorne, # 06 -053
Page 19
51. The ALOM hosts Spring and Fall conferences annually.
a. The events are held at the Seven Springs Resort.
52. Since 2003, the ALOM has hosted conferences on the following dates:
a. 2003:
April 3, 2003, to April 6, 2003
September 25, 2003, to September 28, 2003
b. 2004:
April 1, 2004, to April 4, 2004
September 23, 2004, to September 26, 2004
c. 2005:
April 7, 2005, to April 10, 2005
September 29, 2005, to October 2, 2005
d. 2006:
April 6, 2006, to April 9, 2006
September 28, 2006, to October 1, 2006
53. Standard conference schedules from 2003 to 2006 included as follows:
a. Registration on the first day from 2:30 p.m. to 6:30 p.m.
b. League business meeting agenda 8:00 p.m. to 8:15 p.m.
c. Program 8:15 p.m. to 9:00 p.m.
d. The conference would conclude on the last day (a Sunday) with a concluding
business meeting for directors at 9:00 a.m.
1. Eathorne was not a director.
54. Conference attendees were offered two different plans to select for lodging and
meals.
a. Plan A included the following: Thursday dinner and lodging, Friday and
Saturday breakfasts, lunches, dinners, and lodging and Sunday breakfast.
b. Plan B included the following: Friday dinner and lodging, Saturday
breakfast, lunch, dinner, and lodging and Sunday breakfast.
c. The two plans included the same amenities from 2003 through 2006.
55. Eathorne attended the 2003 ALOM Spring conference held at Seven Springs
Resorts, Champion, PA.
a. Eathorne's wife, Patricia, accompanied him.
b. Other WWMA officials attending included Board Members John Nabuda and
Pat Altman and Sewer Plant Manager Barry Riley.
56. Conference attendees were required to pay a registration fee.
Eathorne, # 06 -053
Page 20
a. On March 18, 2003, the WWMA issued check no. 29846 in the amount of
$720.00 to the ALOM in direct payment of Eathorne's and Riley's
registration.
b. No registration fees were required for spouses.
57. A pre- registration form for Eathorne was submitted to the ALOM by WWMA staff.
a. The forms were completed based on information provided by Eathorne.
b. The registration included Eathorne and his wife.
c. Eathorne selected Plan A which included 3 nights lodging and all meals from
Thursday evening through Sunday morning for his wife and himself.
58. The cost for Plan A for the Spring 2003 conference was as follows:
Official /attendee: $570.00
Spouse $164.00
59. Eathorne received an advance of expenses on April 3, 2003, in the amount of
$500.00.
a. The advance was in the form of WWMA check no. 29968.
1. Eathorne signed the check as one of the authorized signators.
2. Assistant secretary /treasurer Balcerek also signed the check.
3. The advance was not approved by a vote of the WWMA board of
directors.
b. Check no. 29968 was deposited on April 3, 2003, to Eathorne's personal
bank account at National City Bank.
60. Seven Springs Hotel invoice for account no. 855785 confirms Eathorne checked
into the hotel on April 3, 2003, and was registered to Room #325.
a. The invoice lists one additional person in the room.
b. Eathorne is reflected as departing on April 6, 2003.
1. Checkout time was not noted.
c. Total charges on the invoice were $734.00 and identified that Eathorne had
purchased Plan A.
1. Plan A included lodging and all meals for both Eathorne and his wife.
d. A balance of $660.00 remained at the time of checkout.
1. Eathorne paid the balance by debit from a National City Bank account
in his name.
61. Eathorne submitted an ALOM certificate of attendance to the WWMA confirming his
attendance at the conference.
Eathorne, # 06 -053
Page 21
a. The certificate is signed by ALOM Executive Director David Mayernik.
62. Eathorne claimed expenses including his spouse's expenses on the form and a
payment of $307.07 for additional expenses as follows:
Lodging & meals $734.00
Mileage 118 @ 0.365 /mile $ 43.07
Tips $ 30.00
$807.07
Advance - $500.00
$307.07
63. Authority check #30117, dated May 6, 2003, was issued to Eathorne in the amount
of $307.07, which was the difference between the expenses he claimed ($807.07)
and the advance he received ($500.00).
a. Authorizing signatures included Eathorne's as Treasurer and Assistant
Secretary /Treasurer Barbara Balcerek.
b. The extra payment was not approved by a vote of the board.
64. Eathorne utilized Authority funds to pay for his wife's attendance at the conference
and participation in Plan A, which totaled $164.00.
65. Eathorne did not reimburse the Authority for his wife's participation in Plan A while
attending the conference with him.
a. Eathorne realized a private pecuniary gain of $164.00 when WWMA funds
were used to pay spousal expenses.
66. Eathorne attended the ALOM 2003 Fall conference at Seven Springs from
September 25, 2003, to September 28, 2003.
a. Other WWMA attendees were Board Members Robert Pioth, James Nabuda,
and Pat Altman, and Plant Operator Barry Riley.
1. Eathorne, Pioth, and Nabuda all were accompanied by their spouses.
b. The conference itinerary included the following:
09/25/03:
check -in /registration: 2:30 p.m. to 6:30 p.m.
business meeting: 7:30 p.m.
09/28/03:
business meeting: 9:00 a.m.
check -out: 11:00 p.m.
67. Eathorne registered for Plan A for his spouse and himself.
a. Plan A costs were:
Attendee $570.00
Spouse: $164.00
b. Plan A included all meals for Eathorne and his spouse from Thursday
evening to Sunday morning plus three nights lodging.
Eathorne, # 06 -053
Page 22
c. Eathorne's registration form lists a check -in date of September25, 2003, and
a departure date of September 28, 2003.
d. The WWMA sent check no. 30736 to Seven Springs on September 11,
2003, as a direct room deposit for Eathorne and the other attendees.
1. The township also paid a $164.00 conference registration fee on
Eathorne's behalf.
68. On September 23, 2003, the WWMA issued check no. 30806 in the amount of
$800.00 to Eathorne as an advance of expenses for the Fall 2003 conference.
a. Eathorne signed the check as one of the authorized signatories.
b. The check was deposited to Eathorne's National City Bank account on
September 24, 2003.
69. Seven Springs Hotel invoice no. 895977 confirms the following regarding Eathorne:
09/12/03: Deposit $ 75.00
09/25/03: Arrival
Plan A $320.00
09/26/03 Plan A $208.00
09/27/03 Dining Room $ 15.75
09/27/03 Plan A $206.00
Balance $674.75
70. Eathorne's National City Bank account confirms a withdrawal in the amount of
$674.75 on October 1, 2003, payable to Seven Springs Resort.
71. Eathorne submitted an expense report to the WWMA detailing the following
expenses:
Mileage: 90 @ .036 /mile $ 32.40
Tolls $ 1.80
Hotel including meals $674.75
$708.95
Less advance $800.00
Amount due to WWMA $ 91.05
72. The expenses claimed by Eathorne included his spouse's costs for Plan A and an
additional meal as delineated below:
Plan A: $164.00
Meal09/27/03: $ 15.75
$179.75
73. Robert Eathorne realized a private pecuniary gain when he claimed and received
expenses for his spouse, extra meals, and when he failed to return excess expense
funds to WWMA.
$164.00
$ 15.75
$ 91.05
$270.75*
Eathorne, # 06 -053
Page 23
*[sic]. [There is a five -cent discrepancy in the calculation, to the advantage of
Respondent. Respondent receives the benefit of the indicated amount.
Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Cmwlth. 2002).]
74. Eathorne and other WWMA officials attended the 2004 ALOM Spring Conference at
Seven Springs Resort.
a. The conference was held from April 1, 2004, to April 4, 2004.
b. In addition to Eathorne, Board Member Robert Pioth and Plant Manager
Barry Riley attended.
75. The registration fees for Eathorne, Pioth, and Riley were pre -paid by way of
Authority check #31616, dated March 23, 2004, in the amount of $1,080.00
($360.00 x 3).
76. Eathorne and his wife were registered to attend the conference and participate in
Plan "A."
a. Plan "A" included meals and lodging from Thursday dinner through Sunday
breakfast.
b. The Plan costs for Eathorne, $576.00, and his wife, $172.00, totaling
$748.00, were paid directly by the Authority.
c. Authority check #31615, dated March 23, 2004, was issued to Seven
Springs Resort in the amount of $1,900.00 ($576.00 x 3 + $172.00).
1. The Plan costs for Pioth and Riley were included in the payment.
d. Eathorne co- authorized the check along with the Assistant
Secretary /Treasurer.
77. Eathorne submitted an expense report in the amount of $39.30, which included the
following:
Mileage $ 37.50 (100 miles @ .375 cents /mile)
Tolls $ 1.80
TOTAL $ 39.30
78. The cost of Eathorne's wife's attendance and participation in Plan A paid by the
Authority through Eathorne's action was $172.00.
79. Seven Springs Resort Hotel invoice for Eathorne confirmed the following regarding
his attendance at the 2004 ALOM Spring Conference.
a. Check in: 04/03/04
Check out: 04/04/04
b. Charges:
04/01/04: $326.00
04/02/04: $212.00
04/04/04: $210.00
c. Credits:
$748.00 (paid by WWMA)
Eathorne, # 06 -053
Page 24
80. Eathorne did not attend the conference on either April 1, 2004, or April 2, 2004.
a. The WWMA paid expenses on Eathorne's behalf for lodging and meals as
follows:
04/01/04
04/02/04
09/23/04:
09/24/04:
09/25/04
09/26/04:
$326.00
$212.00
$538.00
b. Eathorne realized a private pecuniary gain of $538.00 when the WWMA
incurred costs for his non - attendance at the ALOM functions.
81. Eathorne attended the Fall 2004 ALOM Conference held at Seven Springs from
September 23, 2004, to September 26, 2004.
a. Conference itinerary included the following:
2:30 p.m. - 6:30 p.m.
7:30 p.m.
8:00 p.m.
9:00 a.m. to 3:00 p.m.
9:00 a.m. to 3:00 p.m.
9:00 a.m.
check -in
business meeting
speaker
programs
programs
concluding business meeting
82. The WWMA paid registration fees and room reservation fees for Eathorne, Barry
Riley and Robert Pioth.
a. Room reservation fees were $75.00 for each attendee.
b. Conference fees were $360.00 for each attendee.
83. Eathorne was registered for Plan A for both him and his wife.
a. Plan A costs:
Attendee: $576.00
Spouse: $172.00
$748.00
b. Plan A included room costs for September 23, 2004, through September 25,
2004, and all meals from Thursday evening (September 23, 2004) through
Sunday breakfast (September 26, 2004).
84. Eathorne requested and received an expense advance of $800.00.
a. WWMA check no. 32488 was issued to Eathorne on September 21, 2004, in
the amount of $800.00.
1. Check no. 32488 was deposited to Eathorne's personal bank account
on September 21, 2004.
2. Eathorne signed check no. 32488 as one of the authorized
signatures.
3. This payment was not approved by board vote.
85. Seven Springs Resort invoice, for the Fall 2004 conference, confirms the following
regarding Eathorne's stay:
Eathorne, # 06 -053
Page 25
a. Arrival: 09/23/04
Departure: 09/26/04
No. in party: 2
Rate: $249.33
b. Charges /credits:
09/17/04 Reservation $ 75.00
09/23/04 Thursday arrival $326.00
09/24/04 Plan A $212.00
09/25/04 Plan A $210.00
09/26/04 Balance due $673.00
86. The balance of $673.00 was paid by Eathorne at the time of checkout by use of his
National City Bank debit card.
87. Eathorne submitted an expense report to the WWMA after the conference claiming
the following expenses totaling $888.88.
Tolls: $ 3.00
Mileage 90 mi. @ .345/mi $ 31.05
Hotel $673.00
09/23 Breakfast $ 40.00
09/23 Dinner $ 51.83
09/26 Dinner $ 60.00
Tips $ 30.00
$888.88
88. Eathorne claimed breakfast expenses on September 23, 2004, even though Seven
Springs is less than one hour travel from his home and the conference did not begin
until 7:30 p.m. on September 23, 2004.
a. Eathorne submitted a generic receipt stub claiming a breakfast expense of
$45.00.*
1. The generic receipt no. 953393 contains Eathorne's handwriting in
the date and amount sections.
2. The receipt does not identify a restaurant where meals were allegedly
purchased.
*[Cf., Fact Finding 87. Respondent will receive the benefit of the lower amount,
specifically, $40.00. Bartholomew, supra.]
89. Eathorne also claimed dinner on September 23, 2004, even though dinner for he
and his wife was included as part of Plan A.
a. The generic receipt no. 874797 submitted by Eathorne claimed an expense
$51.83.
b. The amount section, not in Eathorne's handwriting, was altered from $5.83 to
$51.83.
c. Receipt no. 874797 is identical in format manufacturer and in the same
sequence as receipt no.'s 874795 and 874799 used by Eathorne to claim
expenses for other conferences in other years.
Eathorne, # 06 -053
Page 26
1 Receipt no. 874795 was used by Eathorne to claim an expense for
the 2001 PMAA Conference.
2. Receipt no. 874799 was used by Eathorne to claim an expense at the
2004 PMAA Conference.
90. Eathorne claimed a dinner expense of $60.00 on September 26, 2004, the day the
conference ended.
a. No receipt was submitted.
b. The dinner was claimed even though no conference events were scheduled
on September 26, 2004.
c. Turnpike receipts submitted by Eathorne confirm he exited the turnpike at
12:08 p.m. on September 26, 2004.
1. Eathorne was less than fifteen minutes from his residence upon
exiting the turnpike at 12:08 p.m.
91. Eathorne also claimed $30.00 in tips while at the conference.
a. The maximum limit per the WWMA travel policy for undocumented expenses
is $25.00.
92. Eathorne received a private pecuniary gain of at least $335.83* while attending the
2004 Fall ALOM conference.
a. Spousal package $174.00*
b. Extra meals
09/23/04 $ 45.00*
09/23/04 $ 51.83
09/26/04 $ 60.00
c. Tips $ 5.00
$335.83*
*[sic]. [Cf., Fact Findings 83 a, 87, and 88 a. The cost of the spousal package was
$172.00. The cost of the September 23, 2004, breakfast was $40.00.
Bartholomew, supra.]
93. Eathorne and other WWMA officials attended the 2005 ALOM Joint Spring
Conference.
a. The conference was held at Seven Springs Resort from April 7, 2005, to
April 10, 2005.
b. Package costs for attending were as follows:
Plan A
Plan B
- $580.00 /member, $174.00 guest
- $417.00 /member, $125.00 guest
94. Registration forms were submitted for the WWMA Board Members and Plant
Manager as follows:
Name
Plan
Staff Amount
Guest Amount
Robert /Pat
Eathorne
Plan A
$ 580.00
$ 174.00
M. Pat Altman
Plan A
$ 580.00
--
John /Pat Nabuda
Plan A
$ 580.00
$ 174.00
Sam /Denise Testa
Plan B
$ 417.00
$ 125.00
Kevin /Debi Fisher
PIanA/Plan B
$ 580.00
$ 125.00
Check No.
Check Date
Amount
Payable To
33070
01/20/05
$ 400.00
Eathorne, Fisher,
Pioth, Hall
33072
01/25/05
$ 100.00
Falta
33148
02/10/05
$ 100.00
Testa
Name
Plan
Staff Amount
Guest Amount
Edward Falta
Plan A
$ 580.00
--
Dan /Mary Hall
Plan A
$ 580.00
$ 174.00
Robert /Carol Pioth
Plan A
$ 580.00
$ 174.00
Check No.
Check Date
Amount
Payable To
33072
01/20/05
$1,520.00
ALOM
33077
01/25/05
$ 380.00
ALOM
Eathorne, # 06 -053
Page 27
a. Board Members Altman and Nabuda cancelled.
b. Additional registration forms were submitted for board members as follows:
95. The WWMA prepaid $380.00 per official registration fees:
a. Eathorne co- signed these checks.
96. The WWMA paid the $100.00 per room deposit fees to Seven Springs Resort:
a. Eathorne co- signed all three checks with the Assistant Secretary /Treasurer.
b. The registration forms indicated that the wives of Eathorne, Pioth, Hall, and
Testa were attending the conference.
97. Eathorne received an advance of $800.00 by way of Authority check #33437 on
April 7, 2005.
a. Eathorne signed the check authorizing payments.
b. The check was deposited to Eathorne's account at National City Bank.
98. Seven Springs Hotel invoice for Eathorne confirmed the following regarding
Eathorne's attendance at the 2005 Spring ALOM Conference.
a. Check in: 04/07/05
Check out: 04/10/05
b. Charges (Eathorne):
04/07/05 Pkg.:
04/08/05 Pkg.:
04/09/05 Pkg.:
$ 230.00
$ 187.00
$ 163.00
$ 580.00
Eathorne, # 06 -053
Page 28
Charges (Spouse):
04/07/05 Pkg.:
04/08/05 Pkg.:
04/09/05 Pkg.:
c. Payments /credits:
01/20/05 deposit by WWMA $ 100.00
04/10/05 payments $ 654.00
d. Included in the costs was $174.00 for Patricia Eathorne's expenses as part
of Plan A.
99. Itinerary for the 2005 Spring conference included the following:
April 7, 2005:
8:00 p.m. League Business Meeting
8:15 p.m. Speaker
April 8, 2005:
9:00 a.m. to 12:00 p.m. Sessions
1:15 p.m. to 5:00 p.m. Sessions
April 9, 2005:
9:00 a.m. to 12:00 p.m. Sessions
1:15 p.m. to 4:00 p.m. Sessions
April 10, 2005:
9:00 a.m. Concluding Business Meeting
100. Eathorne submitted an expense report in the amount of $918.92* which detailed the
following expenses:
Lodging: $ 674.00
Mileage: $ 36.45 (90 miles @ .405 cents /mile)
Tolls: $ 3.00
Tips: $ 50.00
Meals: $ 155.44
$ 918.92*
*[sic]. [There is a three -cent discrepancy in the calculation, which does not affect
the calculation of the private pecuniary benefit in Fact Finding 109.]
101. Eathorne claimed additional meal expenses even though all meals related to the
conference were pre -paid by the WWMA for both Eathorne and his wife through
Plan A.
102. Eathorne's expense report detailed additional meal costs and tips as follows:
a. 04/07/05:
b. 04/10/05:
$ 101.00
$ 24.00
$ 49.00
$ 174.00
Breakfast $ 13.47
Lunch $ 20.00
Dinner $ 65.00
Lunch $ 22.00
Dinner $ 35.00
c. 04/07/05 to 04/10/05: Tips $ 50.00
Date
Generic Receipt #
Amount
04/07/05
288409
$ 65.00
04/07/05
260323
$ 20.00
04/10/05
824624
$ 35.00
04/10/05
767329
$ 22.60*
Undated
955635
$ 13.47
Eathorne, # 06 -053
Page 29
103. Eathorne submitted generic receipts as proof of his expenditures for additional meal
expenses totaling $155.47.
a.
*[Cf., Fact Finding 102a. The lower amount, $22.00, is reflected in the
calculation of the private pecuniary benefit in Fact Finding 109.]
b. Receipt no. 824624 is identical in format, manufacturer, and from the same
book of receipts as Receipt no. 824620, 824633, and 824647 used by
Eathorne to justify expenses at other conferences.
Stub No. Conference
824620 2004 WEFTEC
824633 2001 Fall ALOM
824647 2001 WEFTEC
c. All of the generic receipts submitted by Eathorne contained dates and
amounts in his handwriting.
104. Turnpike toll receipts submitted by Eathorne confirm travel on the turnpike on April
7, 2005, and April 10, 2005.
a. April 7, 2005, Exit Donegal 11:00 a.m.
b. April 10, 2005, Exit Irwin 11:05 a.m.
c. Travel time from Eathorne's home to Seven Springs is approximately one
hour.
1. Eathorne's home is less than one half hour from the Irwin exit of the
turnpike.
105. Eathorne claimed additional meal expenses even though all meals were included as
part of his participation in Plan A at the conference.
106. The conference did not begin until 8:00 p.m. on April 7, 2005, but Eathorne claimed
breakfast, lunch, and dinner expenses for April 7, 2005, totaling $98.47.
a. Dinner was provided on April 7, 2005, as a result of Eathorne selecting Plan
A for both his wife and himself.
107. Eathorne claimed both lunch and dinner expenses on April 10, 2005, totaling
$57.00 even though the conference concluded prior to 9:00 a.m. on that date.
a. Toll records confirm Eathorne exited the Pennsylvania Turnpike at Irwin at
11:05 a.m. on April 10, 2005.
b. Eathorne was less than 15 minutes from his residence upon exiting the
turnpike.
Name
Plan
Staff Amount
Guest Amount
Robert /Pat
Eathorne
Plan A
$ 580.00
$ 174.00
John /Jean
Thornton
Plan A
$ 580.00
$ 174.00
Robert Pioth
Plan A
$ 580.00
--
Kevin Fisher/
Debbie Carnello
Plan A
$ 580.00
$ 174.00
TOTALS
$2,320.00
$ 522.00
Eathorne, # 06 -053
Page 30
108. Eathorne claimed $50.00 of un- documented expenses in the form of tips.
a. The WWMA travel policy permits only $25.00 of such expenses per trip.
109. Eathorne used his public position to obtain additional expense reimbursements not
related to his attendance at the conference and also used his position to have the
WWMA pay for expenses related to his spouse's travel as follows:
Spouse expenses: $ 174.00
Meals $ 155.47
Excess tips $ 25.00
TOTAL $ 354.47
110. Eathorne and other WWMA officials attended the 2005 ALOM Fall Conference held
at Seven Springs from September 29, 2005, to October 2, 2005.
111. Conference itinerary and costs included the following:
a. Costs:
Plan A: Attendee $ 580.00 Guest $ 174.00
Plan A included all meals beginning with dinner on September 29, 2005,
through breakfast on October 2, 2005, and three nights lodging for the
attendee and guest.
b. Itinerary:
09/29/05 Check -in begins 2:30 p.m.
Business meeting 8:00 p.m.
Speaker 8:10 p.m.
09/30/05 Programs 9:00 a.m. to 12:00 p.m.
and 1:00 p.m. to 3:00 p.m.
10/01/05 Programs 9:00 a.m. to 12:00 p.m.
and 1:00 p.m. to 3:00 p.m.
10/02/05 Concluding business meeting 9:00 a.m.
112. Registration forms were submitted by the WWMA for Board Members and the Plant
Manager as follows:
113. The WWMA prepaid the conference registration of $175.00 per official.
a. Check #33918, dated July 15, 2005, in the amount of $700.00 was issued to
the 2005 Joint Fall Conference Committee.
Eathorne, # 06 -053
Page 31
b. Eathorne co- signed the check along with the Assistant Secretary/Treasurer.
114. The WWMA prepaid a room deposit of $100.00 per room for Eathorne and the
other three Authority representatives.
a. Check #33917, dated July 15, 2005, in the amount of $400.00 was issued to
Seven Springs Resort.
b. The registration forms indicate that the wives of Eathorne, John Thornton,
and Kevin Fisher attended.
1. The registrants and their wives were all signed up for Plan "A."
c. Eathorne co- signed the check along with the Assistant Secretary/Treasurer.
115. Eathorne received an advance on his expenses in the amount of $800.00.
a. Check #34318, dated September 27, 2005, was issued to Eathorne.
b. Eathorne signed a receipt stating that he had received the check.
c. Eathorne deposited the check to his National City Bank account.
116. The Seven Springs Resort Hotel bill for Eathorne confirms the following:
a. Arrival: 09/09/05 [sic]
Departure: 10/02/05
b. No. in party 3
09/29/05: Meal tickets $ 190.00
Bavarian Lounge $ 25.50
Pkg. $ 230.00
09/30/05 Pkg. $ 187.00
c. Charges:
09/29/05 $ 230.00
09/30/05 $ 187.00
10/01/05 $ 163.00
$ 580.00 Plan A for Eathorne
09/29/05 $ 101.00
09/30/05 $ 24.49
10/01/05 $ 49.00
$ 174.00* Plan A for P. Eathorne
*[There is a forty -nine cent discrepancy in the calculation, but the accurate charge
for the plan for Eathorne's spouse was $174.00. See, Fact Finding 111 a.]
d. Other charges:
Meal tickets $ 190.00
Bavarian Lounge $ 25.50
e. Total charges c & d $ 969.50
f. Deposit 07/15/05 $ 100.00
Eathorne, # 06 -053
Page 32
g. Balance $ 869.50
117. Eathorne paid the $869.50 balance owed on October 2, 2005, at checkout.
a. Eathorne used his National City Bank debit card.
118. The Bavarian Lounge charges incurred by Eathorne included drink purchases made
on September 29, 2005, at 2:30 p.m. prior to the start of the conference.
a. The drinks included three mixed drinks, two beers, and a soda.
119. Extra meal charges related to a third person in Eathorne's party.
a. Eathorne's grandchildren would accompany Eathorne and his wife on some
trips.
120. Eathorne submitted an expense report to WWMA claiming expenses for the Fall
2005 ALOM Conference as follows:
Hotel and meals $ 869.50
Tolls $ 3.00
Mileage 90 mi @ .485 $ 43.65
Less Advance $ 800.00
Balance Due $ 116.15
121. The WWMA issued check no. 33569 to Eathorne, which included the $116.15
additional expense claims.
122. Turnpike toll records submitted by Eathorne confirm his approximate arrival to the
Seven Springs area and return to his home in Irwin.
09/29/05 Exit Donegal 1:03 p.m.
10/02/05 Exit Irwin 11:05 a.m.
123. Eathorne realized a private pecuniary gain when he charged expenses for his
spouse, a third party, and drinks not related to his attendance at the conference.
Spouse Plan A $ 174.00
Extra Meals $ 190.00
Lounge $ 25.50
$ 389.50
124. Records of the WWMA and the ALOM confirm that Eathorne registered and
attended the 2006 ALOM Spring Conference held at Seven Springs from April 6,
2006, to April 9, 2006.
125. A notification from ALOM regarding the Spring 2006 Conference detailed the costs
for registration and the lodging /meal packages, as follows:
a. The registration fee was $400.00 per municipal official.
b. The cost of the lodging /meal packages clearly defines the additional costs
for a spouse or guest.
Plan A - $580.00 per first person; $174.00 per second person
Plan B - $417.00 per first person; $125.00 per second person
Eathorne, # 06 -053
Page 33
1. The package includes tax on food, lodging, and gratuities for food
service.
c. A $100.00 advance deposit for each registered delegate requiring lodging
was to be issued to Seven Springs Mountain Resort.
126. Authority check #35158, dated March 21, 2006, was issued to the Allegheny
League of Municipalities in the amount of $1,200.00.
a. The payment was for the registration fees of Eathorne, Kevin Fisher, and
Robert Pioth.
b. The registration form was completed by the Assistant Secretary /Treasurer.
127. Authority check #35157, dated March 21, 2006, in the amount of $300.00, was
issued to Seven Springs Resort representing the deposits for three rooms, at
$100.00 per room.
a. Eathorne's wife was listed on the registration as attending the conference.
b. All participants registered for Plan "A."
c. Eathorne co- signed the check along with the Assistant Secretary/Treasurer.
128. Eathorne received check #35239 in the amount of $1,000.00 on April 6, 2006, from
the WWMA as an advance for attending the conference.
a. Eathorne signed the check along with the Assistant Secretary /Treasurer.
1 Eathorne was the only board member to approve the payment.
b. Eathorne signed an Authority form indicating receipt of the check.
c. Eathorne deposited check #35239 in his National City Bank account.
129. The Authority prepaid the room registration deposit for Eathorne in the amount of
$100.00.
a. A WWMA check was issued to ALOM on March 29, 2006, in the amount of
$100.00.
130. Itinerary for the conference included the following:
April 6, 2006:
6:00 p.m. Registration
8:00 p.m. Business Meeting
8:15 p.m. Speaker
April 7, 2006:
9:00 a.m. to 12:00 p.m. Programs
1:15 p.m. to 4:30 p.m. Programs
April 8, 2006:
9:00 a.m. to 12:00 p.m. Programs
1:15 p.m. to 3:30 p.m. Programs
April 9, 2006:
Date
Receipt No.
Amount
04/06/06
373782
$ 15.00
04/06/06
556617
$ 26.00
04/09/06
281329
$ 126.00
Eathorne, # 06 -053
Page 34
9:00 a.m. Business Meeting
131. Seven Springs Hotel invoice confirms Eathorne checked in on April 6, 2006, and
checked out on April 9, 2006.
a. There were three people assigned to his room.
b. Expenses charged to the room included the costs of Plan Afor Eathorne and
his wife totaling $754.00 plus a lounge charge of $9.25.
1. The bill noted a deposit of $100.00 and a balance due of $663.25 at
check out.
c. Eathorne paid the balance of $663.25 on April 9, 2006, using his National
City Bank debit card.
132. On or about April 12, 2006, Eathorne submitted an expense report claiming
expenditures for attending the conference:
Mileage:
150 mi @ .445 /mile $ 66.75
Tolls $ 3.00
April 6, 2006:
Breakfast $ 15.00
Lunch $ 26.00
Hotel Conference $ 663.25
April 9, 2006:
Dinner $ 126.00
Tips $ 50.00
$ 950.00
133. The actual mileage to Seven Springs Resort from Eathorne's home is 39 miles each
way (78 miles round trip).
a. Eathorne claimed 72 extra miles at a cost to the WWMA of $32.04.
b. Eathorne overcharged the WWMA for mileage by $32.04.
134. Total expenses for Eathorne's attendance at the conference were $1,050.00.
Reservation fee $ 100.00
Claims by Eathorne $ 950.00
$1,150.00 [sicl
135. Eathorne submitted generic receipts as justification for meal expenses.
a. The three generic invoices are all in Eathorne's handwriting including date
and dollar amount.
b. Generic receipts submitted by Eathorne:
c. None of the receipts identify a restaurant or place of purchase.
Eathorne, # 06 -053
Page 35
136. Turnpike toll receipts submitted by Eathorne confirm his arrival to the Seven
Springs area and return to Irwin as follows:
04/06/06 Exit Donegal at 10:54 a.m.
04/09/06 Exit Irwin at 12:43 p.m.
137. Eathorne claimed breakfast and lunch expenses on April 6, 2006, even though the
conference did not begin until 8:00 p.m. and he lives less than one hour from the
conference site.
a. Eathorne claimed a $126.00 dinner expense on a generic receipt on April 9,
2006, despite returning home at approximately 1:00 p.m.
138. Eathorne also claimed $50.00 in tips even though the maximum un- receipted
expense permitted by WWMA policy is $25.00.
139. Eathorne received a private pecuniary gain of $407.29 when claiming conference
expenses for his wife, expenses not related to the conference, and excess tips
totaling:
Plan A Wife $ 174.00
Lounge $ 9.25
Breakfast $ 15.00
Lunch $ 26.00
Dinner $ 126.00
Excess Tips $ 25.00
Mileage $ 32.04
$ 407.29
140. Eathorne attended the 2006 ALOM Fall Conference held at Seven Springs from
September 28, 2006, through October 1, 2006.
a. A registration form submitted to ALOM for Eathorne reflects his attendance
at the conference from September 28, 2006, to October 1, 2006, and that
two people were in his party.
b. Eathorne was registered for Plan A.
c. Plan A included Thursday dinner and lodging; Friday and Saturday
breakfast, lunch, dinner, and lodging; and Sunday breakfast.
1. The cost was $580.00 per official and $174.00 per spouse /second
person.
d. Other WWMA officials in attendance included Robert Pioth and Kevin
Fisher.
141. Two Authority checks were issued to Seven Springs Resort, representing the
deposit of $100.00 per room, totaling $300.00.
a. Check no. 35250, dated 07/27/06, in the amount of $200.00 was issued for
Eathorne and Robert Pioth.
b. Check no. 35397, dated 08/24/06, in the amount of $100.00 was issued for
Kevin Fisher.
Eathorne, # 06 -053
Page 36
c. Eathorne co- signed the checks along with the Assistant Secretary/Treasurer.
d. Written confirmation of the room reservations in the names of Eathorne,
Robert Pioth, and Kevin Fisher document the check -in and check -out times
as 5:00 p.m. on September 28, 2006, and 12:00 Noon on October 1, 2006.
142. Two Authority checks were issued to ALOM, representing the registration fee of
$175.00 per person, totaling $525.00.
a. Check no. 35257, dated July 27, 2006, in the amount of $350.00,
represented fees for Eathorne and Robert Pioth.
b. Check no. 35398, dated August 24, 2006, in the amount of $175.00
represented the fee for Kevin Fisher.
c. Eathorne co- signed the checks along with the Assistant Secretary/Treasurer.
143. Seven Springs Resort Hotel invoice confirms Eathorne checking in on September
28, 2006, and checking out on October 1, 2006.
a. Two other individuals are listed as being in the room.
b. Charges to Eathorne's room included the following:
Package costs for Plan A $ 580.00
Package costs for Plan A (2 person) $ 174.00
c. Other charges included:
09/28/06 Meal tickets
09/28/06 Bavarian Lounge
$ 194.00
$ 53.00
d. The Bavarian Lounge charges included $17.00 in alcohol purchases and
$27.49 in food, tax, and an $8.51 tip.
e. A balance of $901.00 remained at checkout.
f. Eathorne paid the Seven Springs Resort bill of $901.00 by debit from his
National City Bank account.
144. Eathorne received WWMA check #35550 in the amount of $800.00 on September
5, 2006, as an advance of expenses.
a. The check was deposited to Eathorne's National City Bank account.
145. Eathorne did not submit an expense report to the WWMA to document expenses
related to the $800.00 advance of expenses.
146. Eathorne received a private pecuniary gain of $217.00 when he received expense
reimbursement in excess of actual expenses incurred for his attendance at the Fall
2006 ALOM Conference.
Advance $800.00
Documented $583.00
Due to WWMA $217.00
147. Between April 2003 and September 2006 the WWMA incurred total expenses for
Eathorne, # 06 -053
Page 37
Eathorne's travels to ALOM events of $9,979.30.
148. Eathorne realized a private pecuniary gain as result of his use of office to approve
expenses for his wife and excess expenses for himself for ALOM events totaling
$2,676.84.*
*[Respondent is deemed to have admitted the indicated amount. However, we
determine that Respondent's total private pecuniary gain as to ALOM events was
$2,672.84. See, Discussion, infra.]
THE FOLLOWING FINDINGS RELATE TO EATHORNE'S RECEIPT OF EXPENSE
MONIES FOR PMAA EVENTS
149. The Pennsylvania Municipal Authorities Association "PMAA" is the recognized
association for municipal authorities in the Commonwealth of Pennsylvania.
a. The PMAA, formed in 1941, was established to provide its members with a
medium for exchange of ideas on municipal problems, to present a united
and common front in advocating favorable legislation, and opposing
detrimental legislation, and to otherwise promote the general welfare of
municipal authorities of the Commonwealth of Pennsylvania."
150. The WWMA is a member of the PMAA.
a. The PMAA is split into regions.
b. The WWMA is located in Region 9.
151. The PMAA holds various events for the benefit of member associations including
the following:
a. Annual Conference and Trade Show
b. Legislative Day Conferences
c. One day seminars
d. Dinner meetings for each region.
152. Robert Eathorne, as a WWMA member, has regularly attended the various events
hosted by the PMAA.
a. Eathorne's wife has accompanied him at all events he attended.
b. Eathorne approved all payments issued to him for travel - related expenses,
including those of his spouse.
1. WWMA travel policy does not permit spousal expenses.
153. The PMAA holds an Annual Conference and Trade Show in or around September
or October of each year.
a. Eathorne has regularly attended the annual conferences since at least 2001.
b. Eathorne did not attend the 2002 conference due to a WWMA ban on travel
at that time.
Eathorne, # 06 -053
Page 38
c. Eathorne's wife has accompanied him to all of these PMAA functions at
WWMA expense, even though WWMA travel policies do not permit such
expenses.
154. The 2003 PMAA Annual Conference was held in Hershey, Pennsylvania, from
Sunday, August 24, 2003, to Wednesday, August 27, 2003.
a. The conference location was at the Hershey Lodge and Convention Center.
155. Conference agenda included the following:
08/24/03:
08/25/03:
Noon to 5:00 p.m. - Registration
2:30 p.m. to 5:00 p.m. - Trade Show
8:00 a.m. to 4:00 p.m. - Registration
8:00 a.m. - Opening ceremonies
10:00 a.m. to Noon - Trade Show
Noon to 1:30 p.m. - Professional luncheon seminars
2:30 p.m. to 4:00 p.m. - Educational tracks
4:00 p.m. to 6:00 p.m. - Exhibitor reception
7:00 p.m. to 11:00 p.m. - Outdoor barbeque
08/26/03: 7:30 a.m. to 9:30 a.m. - Complimentary breakfast
9:30 a.m. to 11:00 a.m. - Educational tracks
11:00 a.m. to 12:30 p.m. - Educational tracks
12:30 p.m. to 2:00 p.m. - Lunch
2:00 p.m. to 3:30 p.m. - Educational tracks
5:30 p.m. to 6:30 p.m. - Banquet reception
6:40 p.m. - Annual awards banquet
08/27/03 8:30 a.m. - Family breakfast
156. A spouse /guest program was also included as part of the conference.
a. 08/25/03 8:00 a.m. - Complimentary breakfast
11:00 a.m. to 3:00 p.m. - Felicita Resort Garden Tour
b. 08/26/03 7:30 a.m. - Complimentary breakfast
11:00 a.m. - West Hanover Winery Presentation
157. The WWMA paid a registration fee of $195.00 each for Eathorne and other WWMA
officials to attend.
a. WWMA check #30346 was issued on June 19, 2003, in the amount of
$1,710.00 which included Eathorne's registration.
158. In addition to the cost of registration, fees were charged for various activities that
were offered over the duration of the conference, as noted below:
Sunday, August 24
Hershey Park Admission and Picnic:
Hershey Park Admission only:
Monday, August 25
Opening Ceremonies Breakfast
Board Member's Luncheon
Manager's Luncheon
Adult, each $33.50
Adult, each $21.25
$ 0.00
$23.00 per person
$23.00 per person
Eathorne, # 06 -053
Page 39
Engineer's Luncheon
Solicitor's Luncheon
Financial Officer's Luncheon
Outdoor Barbeque with Entertainment
Monday Spouse and Guest Program
Felicita Garden Tour and Luncheon
Tuesday, August 26
Exhibit Area Breakfast
Registered Banquet Ticket
Non - Registered Banquet Ticket
Wednesday, August 27
PMAA Family Breakfast
a. Arrival: 08/24/03
Departure: 08/27/03
No. in party: 2
Rate: $165.00 /night
b. Charges:
08/24/03 $ 179.85 room & tax
08/28/03 $ 179.85 room & tax
08/26/03 $ 179.85 room & tax
$ 13.00 Lounge
$ 552.55
$23.00 per person
$23.00 per person
$23.00 per person
$49.00 per person
$45.00 per person
$ 0.00
$45.00 per person
$47.00 per person
$18.00 per person
159. Conference registration data for Eathorne confirms that Eathorne was accompanied
by his wife, Patricia Eathorne, and that they registered for the Monday
Spouse /Guest Program and the banquet.
a. Costs were $45.00 for the Monday program and $90.00 (2 @ $45.00) for the
banquet.
160. Costs for the spouse program and banquet were included as part of WWMA check
#30346.
161. Eathorne, as a WWMA Board Member, requested and received an advance of
expenses to attend the 2003 PMAA Conference.
a. Authority check #301616 in the amount of $1,500.00 was issued to Eathorne
on August 19, 2003.
1. The check was deposited to Eathorne's account at National City Bank
on August 19, 2003.
162. Hershey Lodge and Convention Center Guest Folio for Eathorne confirms the
following.
c. Upon checkout on August 27, 2003, Eathorne paid the balance of $552.55
using his National City Bank debit card.
163. Eathorne submitted an expense report to the WWMA claiming total expenses of
$1,506.10* which included the following:
Mileage: * *430 mi @ .36 /mile$ 154.80
Date
Stub No.
Amount
Eathorne's Reference
08/24
145026
$ 25.30
Lunch
08/24
204794
$ 107.00
Dinner
08/25
285932
$ 25.50
Breakfast
08/25
128668
$ 30.30
Lunch
08/26
128694
$ 32.15
Lunch
08/27
205245
$ 180.00
Dinner
TOTAL
$ 400.25
Eathorne, # 06 -053
Page 40
08/24/03:
Lunch $ 25.30
Dinner $ 107.00
08/25/03:
Breakfast $ 25.50
Lunch $ 30.30
Dinner $ 305.18
08/26/03:
Lunch $ 23.00
08/27/03:
Breakfast $ 26.22
Lunch $ 32.15
Dinner $ 180.00
Lodging $ 552.25
Tips $ 30.00
Tolls $ 14.10
$1,506.10
*[sic]. [There is a thirty -cent discrepancy in the calculation, which does not impact
the calculation of the total private pecuniary benefit for PMAA events.]
* *The actual round trip mileage from Eathorne's home to the convention center is
386 miles.
164. Eathorne included with the expense report three receipts and six generic receipt
stubs in support of his expense claims.
165. Actual receipts submitted by Eathorne included the following:
a. Receipts:
08/27 Lebbie Lebkickher's - 2 guests $ 23.22 $ 3.00 tip $ 26.22
2 breakfasts @ $10.95 each
$1.32 tax
08/25 Event Lunch (11:55 a.m.) $ 23.00 $ -- $ 23.00
08/25 Union Canal House (9:07 p.m.) $206.67* $ 44.51 tip $305.18
$306.89 $ 47.51 $354.40
*[sic]. [This appears to be a typographical error, intended to have been $260.67.
Cf., Fact Finding 163. In any event, a $54.00 difference in this expense would not
impact the final calculation of the private pecuniary benefit from PMAA events.]
166. Eathorne submitted 6 generic receipts totaling $400.25 as follows:
a. Generic Receipts
Eathorne, # 06 -053
Page 41
b. The receipt stubs are all made out in Eathorne's handwriting.
c. None of the generic receipts submitted by Eathorne identify the restaurant.
d. Receipt no. 204794 is identical in format and manufacturer and part of the
sequence as receipt no. 204776 used by WWMA board member Robert
Zentner in 2002 for attending a WEF Conference.
e. Receipt no.'s 128668 and 128694 are identical in format and manufacturer
and part of the same sequence but were used for meals on different dates.
167. Eathorne's expenses included turnpike toll receipts totaling $14.10 as follows:
Day Time Plaza
236 (08/24/03) 4:14 718
239 (08/27/03) 2:46 1907
a. Eathorne exited the turnpike at Irwin /Greensburg at 2:45 p.m. on August 27,
2003.
1. The turnpike exit is 2.25 miles, approximately a 7 (seven) minute
drive to his residence.
168. Eathorne claimed a reimbursement of $180.00 for dinner on August 27, 2003,
through the submission of a generic receipt (No. 205425) even though he returned
to his home prior to 3:00 p.m. on August 27, 2003.
a. Eathorne did not identify where he claimed the dinner was purchased.
169. Eathorne claimed reimbursement for spousal expenses for the entire time of the
conference including meals and spousal entertainment programs.
a. Lodging did not require additional expenses for the second person in the
room.
170. Eathorne claimed and received reimbursement for spousal expenses as follows:
a. 08/25/03 Felicita Garden Tour $ 45.00
08/26/03 Banquet $ 45.00
08/27/03 Breakfast $ 13.11
$ 103.11
171. With the exception of lunch on August 25, 2003, Eathorne and his wife ate all of
their meals together.
172. Based on half of the remaining meal expenses, Eathorne claimed and received
reimbursement for $352.72 in meal expenses related to his spouse's travel.
a. This amount is calculated dividing the balance of meal expenses by 2
($705.43 _ 2 = $352.72).
173. Eathorne used the authority of his public position for private pecuniary gain by
claiming expense for his spouse's travel and when he claimed and received
reimbursement for expenses after the conclusion of the conference.
a. Spousal expenses:
Eathorne, # 06 -053
Page 42
b. Meal after conference $ 180.00
$ 635.83
174. The 2004 PMAA Annual Conference was held at the Westin Hotel, Pittsburgh, PA,
from Sunday, August 22, 2004, until Wednesday, August 25, 2004.
175. Eathorne and other WWMA officials including John Thornton, Robert Zentner and
Barry Riley were registered to attend.
a. Spouses, including Eathorne's wife, Patricia, also were registered to attend.
b. The WWMA issued check #32061 on June 30, 2004, in the amount of
$1,056.00 to cover registration fees.
1. This amount included a $46.00 per person fee to attend the banquet.
2. Banquet charges for Eathorne's wife were included.
176. Conference schedule and itinerary included the following:
08/22/04:
Noon to 5:00 p.m. - Registration
8:00 p.m. to 10:30 p.m. - PMAA Welcome Reception
08/23/04:
8:00 a.m. to 4:00 p.m. - Registration
8:00 a.m. - Complimentary Breakfast
8:30 a.m. - Opening Ceremonies
10:30 a.m. - 12:30 p.m. - Trade Show
12:30 p.m. - 2:00 p.m. - Professional Luncheon
2:30 p.m. - 4:00 p.m. - Educational Tracks
4:00 p.m. - 6:00 p.m. - Exhibitor & Delegate Reception
6:45 p.m. - Carnegie Science Center
08/24/04:
7:30 a.m. to 9:30 a.m. - Complimentary Breakfast
9:30 a.m. to 11:00 a.m. - Educational Tracks
11:00 a.m. to 12:30 p.m. - Educational Tracks
12:00 p.m. to 2:00 p.m. - Trade Show
12:00 p.m. to 2:00 p.m. - Complimentary box lunch with Exhibitors
2:00 p.m. to 3:30 p.m. - Open Authority Clinic
5:30 p.m. to 6:30 p.m. - Banquet Reception
6:45 p.m. - Annual Awards Banquet
08/25/04:
8:30 a.m. - Family Breakfast
177. The conference also included a spousal /guest program as follows:
a.
08/23/04:
Felicita $ 45.00
Banquet $ 45.00
Breakfast $ 13.11
Other meals $ 352.72
Eathorne, # 06 -053
Page 43
8:00 a.m. - Complimentary Breakfast
9:45 a.m. - Trolley Tour & Luncheon
b.
08/24/04:
7:30 a.m. - Complimentary Breakfast
10:00 a.m. - Program
Noon to 2:00 p.m. - Complimentary Box Lunch
c. Eathorne's wife was not registered to participate in either program.
178. Eathorne requested and received an advance of expenses prior to the 2004 PMAA
conference.
a. WWMA check #32342 in the amount of $1,200.00 was issued to Eathorne
on August 19, 2004.
b. The check was deposited to Eathorne's account at National City Bank on
August 20, 2004.
179. Eathorne submitted an expense report dated August 26, 2004, to WWMA, claiming
conference expenses totaling $1,319.55 and seeking reimbursement of additional
$119.55 in expenses.
a. A WWMA check in an amount of $119.55 was issued to Eathorne.
180. Eathorne included the following on the expense report submitted on August 26,
2004:
08/22/04
Mileage 80 mi @ $.345 /mile $ 27.60
Breakfast $ 15.83
Dinner $ 150.00
08/23/04
Breakfast $ 48.00
Lunch $ 52.00
Dinner $ 150.00
Hotel $ 826.12
Tips $ 50.00
$1,319.55
181. Eathorne submitted, with the expense reports, generic receipt stubs and a hotel
registration form.
a. The hotel registration form was from a Holiday Inn and contained Eathorne's
name.
1. No address was indicated on the form.
2. No room rate was listed.
3. Two guests were identified.
4. No room number was identified but 2132 was handwritten in the
section identified for the room.
1. No Holiday Inns in the Pittsburgh area have a room number 2132.
Date
Stub No.
Amount
Expense
08/22/04
874799
$ 15.83
Breakfast
08/22/04
450173
$ 150.00
Dinner
08/23/04
291853
$ 48.00
Breakfast
08/23/04
040841
$ 52.00
Lunch
08/23/04
849576
$ 150.00
Dinner
Eathorne, # 06 -053
Page 44
5. "$826.12 pd." was written, in Eathorne's handwriting, in a blank
section of the form.
b. Generic stubs listed below did not identify where meals were purchased.
182. All of the generic receipts were made out in Eathorne's handwriting.
183. Generic receipt stubs numbered 874799 and 450173 are identical to receipt stubs
generated by Eathorne as documentation of expenses for attendance at other
conferences.
a. Receipt no. 450173 is identical in format and manufacturer and two numbers
off in the sequence as Receipt no. 450171 submitted by Eathorne when
attending the 2001 fall PMAA Conference.
b. Receipt no. 874799 is identical to and part of the same sequence as receipt
No.'s 874795 and 874977.
1. Receipt no. 874795 was used by Eathorne for the fall 2001 PMAA
event.
2. Receipt no. 874797 was used by Eathorne in September 2004.
184. Eathorne claimed identical amounts of $150.00 for dinner on both August 22, 2004,
and August 23, 2004.
185. Eathorne claimed a breakfast of $15.83 on Sunday, August 22, 2004, even though
conference registration did not begin until 2:00 p.m. [sic]. [See, Fact Finding 176.]
a. Eathorne resides approximately one hour from the conference site.
186. Eathorne claimed a breakfast of $48.00 on Monday, August 23, 2004.
a. Breakfast was provided and part of the $195.00 registration fee.
187. Eathorne claimed a dinner meal of $150.00 on generic receipt #849576 on August
23, 2004, the night of the banquet.
a. Eathorne and his wife were both registered to attend the banquet.
1. The WWMA paid $46.00 each for Eathorne and his wife to attend the
banquet.
188. HDR Engineering provides engineering services to the WWMA.
a. HDR provided such services in 2004.
b. Mark Poole, P.E., has been HDR's main representative to the WWMA.
Eathorne, # 06 -053
Page 45
189. Poole attended the 2004 PMAA Conference held in Pittsburgh.
a. On August 23, 2004, Poole paid for dinner and drinks for Eathorne and other
WWMA officials including John Thornton, Robert Nabuda, Pat Altman,
Samuel Testa, and employees Barry Riley and Barbara Balcerak.
1. Spouses of officials were also in attendance.
b. Poole submitted an expense report for August 23, 2004, which confirmed
dinner was purchased for the above named officials at Palomino Restaurant
totaling $427.95 and drinks totaling $118.60.
190. Eathorne submitted a bogus, generic receipt stub claiming to have spent $150.00
for dinner on August 23, 2004, when his and his spouse's dinner was paid by the
WWMA engineer.
191. Eathorne submitted a bogus Holiday Inn receipt claiming total expenses of $826.12.
a. Eathorne actually stayed at the Westin Hotel while in Pittsburgh and incurred
lodging expenses less than the $826.12 he claimed.
b. Eathorne's National City Bank account confirms a debit at the Westin Hotel
on August 24, 2004, in an amount of $703.50.
192. Eathorne received a private pecuniary gain of $532.45 when he submitted and was
reimbursed for expenses not related to actual conference expenses.
a. 08/22/04 Breakfast $ 15.83
b. 08/22/04 Dinner $ 150.00
c. 08/23/04 Breakfast $ 48.00
d. 08/23/04 Dinner $ 150.00
e. 08/23/04 Spouse $ 46.00
f. Excess hotel expense $ 122.62
$ 532.45
193. The 2005 PMAA Conference was held at the Hershey Lodge and Convention
Center from Sunday, September 11, 2005, to Wednesday morning, September 14,
2005.
a. Check -in time on September 11, 2005, was after 4:00 pm and check -out on
September 14, 2005, was before 11:00 am.
194. WWMA officials registered to attend included Eathorne, Altman, Nabuda, and
Zentner.
a. Eathorne's wife was also registered to attend.
195. A registration form completed on Eathorne's behalf identified activities and fees for
Eathorne and his spouse.
Registration $ 195.00
Monday Spouse & Guest Program
Eathorne, # 06 -053
Page 46
Christmas Tree Hill and
Luncheon $40.00 per person
Banquet Ticket
2 @ $49.00
$ 80.00
$ 98.00
$ 373.00
196. The registration fee of $195.00 included breakfasts on September 12, 2005, and
September 13, 2005, and lunch on September 13, 2005.
197. Registration fees for Eathorne and his wife were paid by Authority check #33995,
dated July 21, 2005, in the amount of $373.00.
Eathorne Registration $ 195.00
Christmas Tree Hill/
Luncheon (2 @ $40.00 each) $ 80.00
Banquet including after party
(2 @ $49.00 each) $ 98.00
$ 373.00
198. Eathorne and Board Member Zentner registered for the golf outing on September
11, 2005, at Parkview Golf Course at a cost of $70.00 each.
a. Authority check #33996 dated September 21, 2005, was issued for $140.00
to pay for the golf outing.
199. By way of invoice #1822, dated July 20, 2005 [sic], PMAA notified WWMA that an
additional $57.00 was owed in regard to Board Member Eathorne's attendance at
the 2005 Annual Conference.
a. Eathorne, his wife, and one other unidentified person participated in the
family breakfast on the last day of the conference (September 14, 2005).
1. The identity of the third person is not known.
2. WWMA officials have confirmed that Eathorne's grandson did
accompany him at conventions.
b. The breakfast event fee was $19.00 per person.
c. The Authority issued check #34314, dated September 27, 2005, in the
amount of $57.00 to PMAA in payment of the invoice.
d. Eathorne co- signed the check along with the Assistant Secretary/Treasurer.
1. No other board member approved the expenditure.
200. Conference itinerary and schedule included the following:
09/11/05
Noon to 5:00 p.m. - Registration
8:00 p.m. to 10:30 p.m. - PMAA Welcome Reception
09/12/05
8:15 a.m. - Complimentary Breakfast
8:30 a.m. - Opening Ceremonies /Annual Business Meeting
10:30 a.m. - 12:30 p.m. - Exhibitor Show
12:30 p.m. - 2:00 p.m. - Professional Luncheon
Eathorne, # 06 -053
Page 47
2:00 p.m. - 4:00 p.m. - General Session
4:00 p.m. - 6:00 p.m. - Exhibitor /President's Reception
6:30 p.m. - Buffet Dinner
09/13/05
7:30 a.m. to 9:30 a.m. - Breakfast with Exhibitors
9:30 a.m. to 11:00 a.m. - Idea Labs
11:00 a.m. to 12:00 p.m. - Idea Labs
Noon to 2:00 p.m. - Exhibitor Lunch
2:00 p.m. to 3:30 p.m. - Idea Labs
5:30 p.m. to 6:30 p.m. - Pre - Banquet Reception
6:45 p.m. - Annual Awards Banquet
9/14/05
Family Breakfast
201. Spouse /Guest Program included the following:
09/12/05
8:15 a.m. - Complimentary Breakfast
10:15 a.m. - Christmas Tree Hill Mansion
202. Eathorne received a $1,200.00 advance of expenses on September 8, 2005.
a. WWMA check #34205 was issued to Eathorne.
1. Eathorne co- authorized the payment.
b. Check #34205 was deposited to Eathorne's checking account at National
City Bank.
203. Hershey Lodge & Convention Center Guest Folio confirms Eathorne checked into
the hotel on September 11, 2005, and departed on September 14, 2005.
a. The room rate was $159.00 /night plus tax.
b. Two people were identified in the party.
c. Eathorne was assigned Room #4807.
204. Charges and credits to Eathorne included the following:
08/12/05
Advance Deposit Cr. $ 173.31
09/11/05
Room and tax
Hershey Grill (1:29 p.m.)
09/12/05
Room and tax
Bears Den (3:41 p.m.)
Bears Den (3:42 p.m.)
09/13/05
Room and tax
Gift shop
$ 173.31
$ 33.00
$ 173.31
$ 5.00
$ 9.00
$ 173.31
$ 5.25
Date
Stub No.
Amount
Eathorne's
Reference
09/11/05
633415
$ 31.00
Breakfast
--
--
--
Lunch
*Hershey Grill
09/11/05
79272
$ 110.15
Dinner
09/12/05
981424
$ 28.00
Breakfast
--
--
--
Lunch
Eathorne, # 06 -053
Page 48
09/11/05
Breakfast
Dinner
09/12/05
Breakfast
Dinner
Balance Due $ 398.87
205. The balance due of $398.87 was paid by Eathorne at the time of checkout by debit
from his National City Bank account.
206. Eathorne submitted a travel expense report after September 14, 2005, claiming the
following expenses for the 2005 PMAA Conference:
$ 31.00
$ 110.15
$ 28.00
$ 94.61
09/13/05
Breakfast $ 31.00
Lunch $ 69.00
09/14/05
Breakfast $ 34.00
Lunch $ 35.00
Dinner $ 130.00
Hotel $ 398.87
Tips $ 19.57
Mileage *430 mi @ $.485/mi $ 208.55
$ 1,210.25 **
Less Advance $(1,200.00)
$ 10.25 **
*The actual round trip mileage from Eathorne's home to the convention center is
386 miles.
* *[sic]. [There is a $20.50 discrepancy in the calculation, which does not affect the
calculation of the private pecuniary benefit in Fact Finding 216.]
207. Eathorne claimed expenses at ratepayer expense for September 12, 2005, even
though most of his time was spent on a personal tour unrelated to any conference
event.
a. The Christmas Tree Hill event did not conclude until after 1:00 p.m. on
September 12, 2005.
208. Eathorne submitted receipt "generic receipt stubs" for meals beginning with
breakfast on September 11, 2005, through dinner on September 14, 2005, totaling
$562.76.
09/12/05
50222
$ 94.61
Dinner
09/13/05
79269
$ 31.00
Breakfast
09/13/05
470143
$ 69.00
Lunch
09/13/05
--
--
Dinner
09/14/05
65329
$ 34.00
Breakfast
09/14/05
740751
$ 131.00*
Lunch*
09/14/05
497528
$ 35.00*
Dinner*
TOTAL
$ 562.76*
Eathorne, # 06 -053
Page 49
*[sic]. [The amounts for lunch and dinner have been reversed. Fact Finding 206.
The amount of $131.00 should be $130.00. Id. The sum of $562.76 reflects usage
of the correct amount of $130.00 in the calculation.]
a. All of the receipt stubs are in Eathorne's handwriting.
b. None of the "stubs" identify a restaurant.
c. No restaurant receipts were submitted by Eathorne for any meal expenses
claimed.
d. Eathorne typically did not incur expenses for dinners when attending
conference events.
1. Eathorne and his wife would frequent vendor hospitality suites for
food and drinks.
2. Vendors would also, on occasion, take Eathorne out to dinner.
209. Receipt stubs submitted by Eathorne as justification for meal expenses are identical
to stubs submitted by Eathorne for other travel:
a. Receipt stub no. 633415 is identical in format, manufacturer, and part of a
sequence as receipt no.'s 633421 and 633431 used by Eathorne for other
conferences.
1. Receipt no. 633421 was used by Eathorne for the 2001 WEFTEC and
no. 633431 was used by Eathorne for the 2005 WEFTEC.
b. Receipt stub no.'s 79269 and 79272 are identical in format and part of a
sequence used by Eathorne for other events:
Stub No. Event
79269 2005 PMAA
792271 2003 WEFTEC
79272 2005 PMAA
79273 2006 Pumper Expo
79274 2003 WEFTEC
79275 2005 WEFTEC
c. Receipt no. 65329 is identical in format and part of a sequence of numbers
used by Eathorne for other events.
Stub No. Event
65329 2005 PMAA
65333 2006 Pumper Expo
65335 2001 WEFTEC
Eathorne, # 06 -053
Page 50
65336 2006 Pumper Expo
65340 2001 WEFTEC
210. Eathorne claimed breakfasts and lunches for himself and his wife totaling $64.00 on
September 11, 2005.
a. Eathorne claimed this amount even though the conference did not begin until
8:00 p.m.
1. Registration did not begin until 2:00 p.m.* and hotel check -in was
4:00 p.m. or later.
*[sic]. [See, Fact Finding 200.]
211. Eathorne claimed breakfast expenses of $93.00 on September 12, 2005,
September 13, 2005, and September 14, 2005, even though these meals were
provided as part of the registration or were previously paid by the WWMA.
a. Eathorne's justification for the breakfast expenses was by submission of
generic receipt stubs in his handwriting.
212. Eathorne claimed lunch expenses totaling $69.00 on September 13, 2005.
a. Lunch was provided on September 13, 2005, as part of the PMAA Program.
b. Eathorne submitted a generic receipt stub no. 470143 in his handwriting as
documentation of this expense.
213. Eathorne's dinner expenses totaling $204.76 on September 11, 2005, and
September 12, 2005, included spousal expenses.
a. Eathorne's spousal expenses were at least half of Eathorne's total or
$102.30.
214. Eathorne's turnpike toll receipts confirm the following regarding Eathorne's arrival in
the Hershey area and his return home.
Date Time Entry Plaza Exit Plaza Cost
09/11/05 8:50 a.m. 067/07 247/019 10.25
09/14/05 3:26 p.m. 247/019 067/07 $10.25
215. Eathorne claimed lunch and dinner expenses for himself and his wife on September
14, 2005, totaling $165.00.
a. The conference concluded following breakfast at 8:30 a.m. on September
14, 2005.
1. The WWMA had paid for the Eathornes' breakfasts.
b. Eathorne returned to his home shortly after 3:30 p.m. on September 14,
2005, and claimed dinner for himself and his wife.
216. Eathorne realized a private pecuniary gain of $774.40* when he received expense
funds for spousal expenses, golf outing, guest tours, and meals for which no
documentation could be provided, in violation of Authority travel policy.
a. Guest Tours 2 at $40.00 $ 80.00
Eathorne, # 06 -053
Page 51
b.
c.
d.
e.
f.
g.
h.
Spouse Banquet
Golf fee
Gift shop 9/13
Breakfasts 2 at $19.00
Breakfasts 9/11, 9/12, 9/13,* 9/14
Lunch 9/13/05
Meal 9/11/05 Receipt no. 79272
Meal 9/13/05* Receipt no. 79269
Meals 9/14/05
*[sic]. [There is a $64.00 discrepancy i
cost for the breakfast of September 13,
the calculation.]
217. The 2006 PMAA Conference and Trade
Convention Center from September 10,
a. Conference itinerary included the following:
9/10/06
10:00 a.m. — 5:00 p.m.
8:00 p.m. — 10:30 p.m.
9/14/06
8:15 a.m.
8:30 a.m.
10:30 a.m. — 12:30 p.m.
2:30 p.m. — 4:30 p.m.
9/12/06
7:30 a.m. - 9:30 a.m.
9:30 a.m. — 10:30 a.m.
10:30 a.m. — Noon
Noon — 2:00 p.m.
2:00 p.m. — 3:30 p.m.
2:00 p.m. — 4:00 p.m.
6:45 p.m.
b. Spouse and Guest Program:
9/11/05 [sic]
Complimentary Breakfast
10:15 a.m.— Pennsylvania Dutch Country
9/12/06
7:30 a.m. — 9:30 a.m.
10:00 a.m. — Noon
1:00 p.m.
9/13/06
Breakfast
$ 49.00
$ 70.00
$ 5.25
$ 38.00
$ 93.00
$ 69.00
$110.15
$ 31.00
$165.00
$774.40*
n the calculation of the total amount. The
2005, is accurately included only once in
Show was held at the Hershey Lodge and
2006, to September 13, 2006.
Conference Registration
Welcome Reception
Complimentary Breakfast
Opening Ceremonies
Exhibitor Show
Idea Labs
Complimentary Breakfast
Idea Labs (2)
Idea Labs (3)
Exhibitor Lunch
Idea Labs (4)
Emergency Response
Awards Banquet
Complimentary Breakfast
Hors D'oeuvres the Hershey Way
Hershey Trolley Tours
218. Eathorne was registered to stay at Hershey Lodge and Convention Center.
a. Check in time was after 4:00 pm on September 10, 2006.
Eathorne, # 06 -053
Page 52
b. Check out time was before 11:00 am on September 13, 2006.
219. Registration fees and room deposits were made by the WWMA.
a. A room deposit of $179.85 was made on August 10, 2006, by WWMA check
no. 35313.
b. Registration fee for Eathorne was $245.00.
c. Also paid by check no. 35313 were two banquet tickets for Eathorne and his
wife totaling $98.00.
220. Eathorne received an $800.00 advance of expenses by WWMA check dated
September 7, 2006.
a. The check was deposited to Eathorne's account at National City Bank on
September 5, 2006.
221. Advance payments made to Eathorne or on his behalf for the 2006 PMAA event
totaled $1,322.85.
222. Eathorne did not submit a travel expense report to the WWMA detailing expenses
related to the $800.00 advance.
223. Records provided by Hershey Entertainment and Resorts confirm Eathorne was
registered at the Hershey Lodge between September 10, 2006, and September 13,
2006, to account no. 2530780.
a. Hotel invoice contained the following:
Arrival: 9/10/06
Departure: 9/13/06
Number in Party: 2
b. Expenses and credits:
Deposit $179.85 cr
9/10/06
Room & Tax $179.85
9/11/06
Room & Tax $179.85
9/12/06
Room & Tax $179.85
Balance Due $359.70
224. The balance of $359.70 was paid at check -out by Eathorne's National City Bank
debit card.
225. Eathorne's only documented expenses for this trip to Hershey was the room
expense of $359.70.
a. Eathorne submitted no other documented expenses to either the WWMA or
to the Investigative Division of the State Ethics Commission.
226. Eathorne realized a private pecuniary gain of $489.30 as a result of not refunding
the difference between the advance of $800.00 and actual expenses of $359.70.
Eathorne, # 06 -053
Page 53
a. The WWMA also paid a $49.00 banquet charge for Eathorne's spouse.
b. Total private pecuniary gain was $489.30.
227. Eathorne regularly received expense monies from the WWMA for attendance at
PMAA Region 9 dinners.
a. Eathorne's wife accompanied him to these dinners.
b. Dinners for Eathorne's wife were paid using WWMA funds.
1. Eathorne approved the payments and signed checks authorizing
payments.
228. Eathorne attended PMAA Regional dinners on at least the following occasions:
Date Spousal Cost WWMA Check No.
4/17/04 $35.00 31651
11/5/05 $40.00 34508
229. Eathorne realized a private pecuniary gain of $75.00 by using WWMA funds to pay
for dinner expenses incurred by his spouse.
230. Eathorne attended other PMAA sponsored events for which he submitted and
received expense reimbursements unrelated to event attendance including the
following:
PMAA Seminar 2004
PMAA Legislative Days
231. PMAA has sponsored Legislative Days in Harrisburg, PA, annually between 2001
and 2004.
a. The purpose of the events was to enable PMAA members to meet with
legislators to discuss /review legislation affecting the PMAA membership.
b. Legislative Days were held as follows:
May 1, 2001
April 9, 2002
May 12, 2003
May 7, 2004
232. Eathorne received advances and claimed expenses for attendance at Legislative
Day events in 2003 and 2004.
233. The registration form for the May 13, 2003, Legislative Day confirms registration for
Eathorne, Board Member John Thornton, and Barry Riley, Plant Manager.
a. WWMA Check no. 30119 in the amount of $700.00 was issued to Eathorne
on May 6, 2003.
1. Eathorne co- authorized the check.
b. On May 6, 2003, the check was deposited to Eathorne's account at National
City Bank.
234. Legislative Day 2003 held at the Harrisburg Hilton included the following agenda:
Eathorne, # 06 -053
Page 54
8:00 a.m. — 8:30 a.m.
8:30 a.m. — 9:30 a.m.
9:30 a.m. — 10:00 a.m.
10:30 a.m. — 3:00 p.m.
3:00 p.m. — 4:15 p.m.
4:30 p.m. — 6:30 p.m.
235. Harrisburg Hilton guest invoice confirms Eathorne checking into the hotel on May
12, 2003, at 5:21 pm.
a. Two adults were registered.
b. Room rate was $211.00 plus $18.99 in taxes.
c. Eathorne departed on May 14, 2003.
236. Eathorne incurred the following expenses while at the Hilton:
5/12/03 Room, plus tax
overnight self parking
5/13/03 Room, plus tax
overnight self parking
*[Cf., Fact Finding 235 c).]
237. Eathorne's National City Bank account statements confirm a check card payment to
the Hilton in an amount of $471.98.
238. Eathorne submitted an expense report to
expenses:
239. Eathorne submitted generic receipts with the expense report as noted below:
Date
5/12/03
5/12/03
5/13/03
5/14/03
5/14/03
Hotel
Mileage 380 at .365/mi
Tolls
Meals
Advance
Balance
Stub No.
990213
320508
165342
559054
50218
Registration /Continental Breakfast
Environmental Issues Forum
Overview of Issues & Hill Protocol
Meet w /Legislators
DEP Secretary Kathleen McGinty
Legislative Reception
$471.98
$138.70
$ 14.00
$196.00
$820.68
$700.00
$120.68
Amount
$ 35.00
$ 50.00
$ 21.00
$ 25.00
$ 65.00
$196.00
$229.00*
$ 6.00
$229.00*
$ 6.00
$471.98
the WWMA claiming the following
Meal
Lunch
Dinner
Breakfast
Lunch
Dinner
a. All of the stubs bear Eathorne's handwriting for the date and amount.
b. Meal receipts submitted by Eathorne included the cost of meals for his wife.
1. None of the receipts are itemized or identify a restaurant.
Eathorne, # 06 -053
Page 55
c. Receipt no. 990213 is identical in format to Receipt no. 990214 used by
Eathorne in 2002 to claim a meal expense for the 2002 WEFTEC in
Chicago.
d. Meal expenses included a $35.00 lunch and a $50.00 dinner for the day
prior to the start of the event.
240. Pennsylvania Turnpike toll receipts submitted by Eathorne reflect the following in
regard to his arrival and departure times:
Day Time Plaza Cost
132 1649 (4:19p) 1807 7.00
184 1522 (3:22p) 718 $7.00
241. Eathorne submitted a $65.00 expense for dinner on May 14, 2003, even though he
exited the turnpike at 3:22 p.m. and his home was only 2.25 miles, (7) seven
minutes away.
242. Eathorne received a private pecuniary gain of $176.00 by claiming spousal
expenses and an evening meal on May 14, 2003, which was unrelated to the one
day conference.
a. Eathorne claimed a breakfast on May 13, 2003, in an amount of $21.00 even
though breakfast was paid as part of the registration.
Spousal expenses (half of $100.00 *)
5/12/03 Lunch
5/13/03 Breakfast
5/14/03 Dinner
9:30 a.m. — 10:00 a.m. Overview of Issues
Hill Protocol
$ 55.00*
$ 35.00
$ 21.00
$ 65.00
$176.00
*[We determine the spousal expenses to have been $50.00 and the total of the
above amounts to have been $171.00. Bartholomew, supra.]
243. Eathorne attended the 2004 PMAA Legislative Day held in Harrisburg on May 11,
2004.
a. Registration cost was $25.00 per person.
b. On April 27, 2004, the WWMA issued check no. 31770 in the amount of
$75.00 to the PMAA to cover registration fees for Eathorne, John Thornton,
and Barry Riley.
244. Agenda for the 2004 Legislative Day included the following:
8:00 a.m. — 8:30 a.m. Registration
Continental Breakfast
8:30 a.m. — 9:30 a.m. Environmental Issues Forum
10:00 a.m. — 3:00 p.m. Meet w /legislators
Attend Legislative Sessions
Eathorne, # 06 -053
Page 56
3:00 p.m. — 5:00 p.m. Speaker
DEP Secretary McGinty
5:00 p.m. — 7:00 p.m. Legislative Reception
245. Eathorne received a $700.00 advance from the WWMA on May 6, 2004.
a. WWMA Check no. 31817 was issued to Eathorne.
1. Eathorne co- authorized the issuance of the check.
b. The check was deposited to Eathorne's checking account at National City
Bank on May 6, 2004.
246. Eathorne's wife accompanied him on the trip to Harrisburg.
a. Lodging was obtained at the Crowne Plaza Hotel.
b. Eathorne checked in on May 10, 2004, and checked -out on May 12, 2004,
and was registered to Room #332.
247. Crowne Plaza guest bill for Eathorne confirmed the following changes:
5/10/04: Room charge & taxes $ 97.01
Caucus Lounge $ 33.75
5/11/04: Room charge & taxes $ 97.01
Room Service $ 14.78
Caucus Lounge $ 17.75
Movies $ 14.84
Movies $ 13.77
$288.90
*[sic]. [There is a one -cent discrepancy, in favor of the Respondent, in the
calculation.]
248. The expenses were charged to an American Express credit card account ending in
005.
249. Eathorne submitted an expense report claiming the following expenses totaling
$900.35 for the one day legislative day event.
Tolls $ 14.10
Mileage *520 at .345 /mile $179.40
Hotel $288.90
Breakfast 5/10 $ 22.10
Dinner $114.75 **
Breakfast $ 25.00
Lunch $ 45.80
Dinner $130.30 **
Tips $ 80.00
$900.35
Hotel expenses claimed included movie rentals of $28.60, lounge expenses
of $51.50, and room service of $14.78.
*Actual round trip mileage from Eathorne's home to the Crowne Plaza is 384 miles.
Eathorne, # 06 -053
Page 57
* *[Differences between these amounts and the amounts indicated in Fact Finding
250 are of no consequence; the lower amounts are used to calculate the private
pecuniary benefit in Fact Finding 254.]
250. Eathorne submitted "generic receipt stubs" to document meal expenses outside of
those charged to his hotel room.
Date Stub No. Amount Meal
5/10/04 724423 $ 22.10 Breakfast
5/10/04 872909 $114.74 Dinner
5/11/04 95161 $ 25.00 Breakfast
5/11/04 129003 $ 45.80 Lunch
5/11/04 0058614 $120.00 Dinner
a. The information on the stubs was handwritten by Eathorne, including dates
and amounts of charges.
b. No restaurants were identified on the stubs.
c. No record exists of Eathorne incurring any of the expenses outlined above.
251. Eathorne claimed a breakfast expense of $22.10 on May 10, 2004, even though the
Legislative Day did not commence until the morning of May 11, 2004.
a. Eathorne also claimed a breakfast expense of $25.00 on May 11, 2004, even
though breakfast was provided as part of the PMAA program.
252. Eathorne did not submit accurate turnpike toll receipts to justify turnpike toll
expenses.
a. The sole receipt produced by Eathorne identifies day traveled as Day 80 of
2004.
1. Day 80 of 2004 was March 21, 2004, not May 10, 2004, as asserted
by Eathorne.
253. Eathorne claimed reimbursement of $280.85 for meal expenses related to expenses
for himself and his spouse.
254. Eathorne realized a private pecuniary gain when he claimed and received expense
reimbursement for expenses not related to the conference and for spousal
expenses.
a. Breakfast $ 47.10
b. Undocumented meals $280.54
c. Tips (maximum $25.00 $ 55.00
allowed)
d. Movie $ 14.84
Movie $ 13.77
e. Lounge $ 33.75
Lounge $ 17.75
f. Excess expense advance $ 55.75
g. Mileage overcharge $ 46.92
136 at .345
$565.42
Eathorne, # 06 -053
Page 58
255. Eathorne was registered to attend a PMAA- sponsored event titled "Administrative
Issues Seminar," scheduled for the Nittany Lion Inn on or about 2004.
a. The seminar included a golf outing and fall indoor picnic.
b. Costs included:
Seminar $ 70.00
Golf $ 60.00
Picnic $ 25.00
$155.00
c. The WWMA issued check no. 32483 to the PMAA dated September 21, 2004,
which included costs for Eathorne totaling $155.00.
1. No expense report was submitted by Eathorne for this event.
256. The WWMA paid expenses to Eathorne or on his behalf to attend PMAA functions
totaling $8,310.74.
a. Eathorne's use of the authority of his position to claim spousal expenses and
undocumented expenses resulted in a private pecuniary gain of $3,201.48.*
b. Eathorne over - billed the WWMA for mileage for PMAA conferences in 2003
and 2005 and the 2004 legislative day totaling $84.10.*
*[Respondent's total private pecuniary gain as to PMAA functions was $3,285.58.
See, Discussion, infra.]
THE FOLLOWING FINDINGS RELATE TO EXPENSES CLAIMED BY EATHORNE IN
RELATION TO WEFTEC CONFERENCES
257. Eathorne, as a member of the WWMA, has attended annual conferences hosted by
the Water Environment Foundation (WEF).
a. Eathorne has received advances of expenses and has received additional
reimbursements from the WWMA in relation to these events.
b. Eathorne received payment for annual conferences between 2001 and 2006.
258. The WEF is a not - for - profit technical and educational organization consisting of
32,000 individual members and 80 member associations representing
approximately 50,000 water quality professionals.
a. WEF was formed in 1928 with a mission of preserving and enhancing the
global water environment.
259. WEF holds annual meetings /conferences to provide a forum for knowledge and
technical exchange within the water and waste water fields.
260. WEFTEC is the Water Environment Federation's Annual Technical Exhibition
Conference.
a. The conference offers water quality education and training and water quality
exhibitions through an expansive show floor for access to advanced
technologies in the field, and serves as a forum for domestic and
international business opportunities.
Eathorne, # 06 -053
Page 59
261. Training and educational seminars provided throughout the conferences are highly
technical and directed toward environmental engineers, water and waste water
treatment professionals, local, state, and federal regulators, water and waste water
utility managers and operators and equipment manufacturers and representatives.
a. Attendees must register for seminars they want to attend.
1. Fees are charged for attendance to seminars.
b. Badges are provided which authorize entrance to specific seminars.
c. Access to seminars is denied without a badge.
262. Since 2001 WEFTEC events have been held in the following locations:
2001 Atlanta, GA
2002 Chicago, IL
2003 Los Angeles, CA
2004 New Orleans, LA
2005 Washington, DC
2006 Dallas, TX
10 -13 -01 to 10 -17 -01
9 -28 -02 to 10 -3 -02
10 -11 -03 to 10 -16 -03
10 -2 -04 to 10 -6 -04
10 -29 -05 to 11 -2 -05
10 -21 -06 to 10 -25 -06
263. For each conference, attendees are required to complete a registration form.
a. The form includes the following areas to be completed:
Employer Code
Job Title Code
Environmental Forms
b. The form also includes registration fees for various options for attendees
including:
Full conference and EXPO
One day conference and EXPO
Student
One day EXPO Sunday, Monday or Tuesday, Wednesday
Industry Day
PWO full week
Life Style Program
The lifestyle program is intended to provide sightseeing tours of points of interest.
Attendees receive color coded badges for event session(s) they have registered to
attend.
264. Registration forms completed on Eathorne's behalf for attending WEF Conferences
from 2001 through 2006 identified the following:
a. Employer Code: Publicly owned municipal or district sanitary, water or
wastewater treatment system
b. Job Title: Public official
c. Environmental focus: Wastewater
265. Eathorne attended the 2001 WEFTEC Conference in Atlanta, GA from October 13,
2001, to October 17, 2001.
a. Patricia Henrickson Eathorne, his spouse, accompanied him.
Date
Day
Time
Cost /Person
Total
Description
of Week
of Day
Cost
10/15/01
Monday
1:00 p.m.-
$41.00
TEU700
Covington's Mansions
5:30 p.m.
10/16/01
Tuesday
9:30 a.m.-
$26.00
$52.00
Good Life in Historic
1:00 p.m.
Buckhead
10/17/01
Wednesday
8:30 a.m.-
$36.00
$72.00
Atlanta's Famous First
12:30 p.m.
Eathorne, # 06 -053
Page 60
b. All expenses for Patricia Eathorne, with the exception of airfare, were paid
using WWMA Funds.
266. Eathorne registered for the One -Day EXPO only option for Monday or Tuesday.
a. The EXPO only option entitles the attendee to access to the exhibition hall
only.
b. Eathorne did not register to attend any conference training or seminar.
c. The cost for the One Day EXPO was $40.00.
267. Eathorne also registered his wife to attend the lifestyle program.
a. The cost for the program was $100.00.
268. The $140.00 registration fees were billed to WWMA American Express card in the
name of Plant Manager Barry Riley.
269. Eathorne registered himself and his wife for tours unrelated to any official
conference functions.
a. The reservations, made through Atlanta Arrangements, Inc., 1350 Spring
Street NW #600, Atlanta, GA 30309, were made for Eathorne by WWMA
Assistant Secretary /Treasurer Barbara Balcerek at his direction.
b. The cost of the tours were charged to the Authority American Express card
assigned to Barry Riley.
270. Tours were booked for Eathorne and his wife at Authority expense as follows:
Total: $206.00
271. The tours taken by Eathorne occurred during the hours when conference
concurrent sessions were being held.
a. Eathorne was not involved in any conference - related functions for at least
50% of the conference.
272. Room bookings were handled by Management Resources, Inc.
a. A credit card deposit guarantee of $150.00 per room was required.
b. The Authority credit card assigned to Plant Manager Barry Riley was used to
guarantee the reservations for all the attendees.
273. Eathorne's Hotel Reservation Form lists the occupants as himself and his wife,
Eathorne, # 06 -053
Page 61
Patricia Henrickson (Eathorne).
a. Eathorne chose a double, non - smoking room.
274. Air transportation to Atlanta for the Authority Board Members and theirwives /guests
was charged to the Authority American Express credit card assigned to Barry Riley.
a. The cost of the air transportation booked by the Authority for the wives and
guests was reimbursed by way of personal check payable to American
Express.
b. Eathorne's wife, Patricia Henrickson, issued personal check #5376, dated
July 19, 2001, in the amount of $156.00, to American Express, and
submitted it to the Assistant Secretary /Treasurer.
1. The memo section of the check was marked, "WEF Atlanta /air fare ".
275. The air travel arrangements for Eathorne and the other Board Members were as
follows:
Leave Pgh International Airport 10/13/01
Arrive Atlanta Airport 10/13/01
Leave Atlanta Airport 10/17/01
Arrive Pgh International Airport 10/17/01
9:05 a.m.
10:15 a.m.
6:28 p.m.
8:13 p.m.
276. Authority check #26974, dated July 19, 2001, in the amount of $1,828.01 was
issued to American Express in payment of the credit cards assigned to Plant
Manager Barry Riley and Assistant Secretary /Treasurer, Barbara Balcerek.
a. The Check was co- signed by Eathorne and the Assistant
Secretary /Treasurer.
b. The payment made to American Express included the cost of the tours, the
airline tickets, and the registration for the conference.
277. Eathorne received WWMA check #273282 dated October 9, 2001, in the amount of
$2,000.00 as an advance of expenses for the attendance at the 2001 WEFTEC
event.
a. Eathorne co- signed the check authorizing the payment.
b. Eathorne deposited the check on October 19, 2001, to his National City
Bank account.
278. Eathorne did not submit an expense report to the WWMA detailing expenses
incurred while attending the 2001 WEFTEC event.
a. Eathorne's National City Bank account confirms debit charges in Atlanta, GA
during the time frame of the 2001 WEFTEC conference (October 13, 2001,
to October 17, 2001).
Sheraton Hotel $935.37
Pasta Del Pulcinelle $ 24.00
Jacks & Jills $ 56.00
Marriott Hotel $126.94
Total $1,142.31
Eathorne, # 06 -053
Page 62
279. Pursuant to a subpoena issued by the Investigative Division of the State Ethics
Commission, Eathorne provided the following documents regarding his trip to
Atlanta between October 13, 2001, and October 17, 2001.
a. 18 generic receipt stubs
b. Sheraton Hotel receipt
c. Bank statement page 2 of 3
280. Sheraton Colony Square Hotel, 188 14 Street, N.E., Atlanta, GA, invoice provided
by Eathorne confirmed a check -in date of October 13, 2001, at 12:21 p.m. and a
check -out date of October 18, 2001, at 10:36 a.m. and the following expenses and
credits:
Date Entry Credit Debit
10/13/01 Deposit $150.00
10/13/01 Room $164.00
Tax $ 11.48
Tax $ 11.48
Valet Park $ 18.00
10/14/01 Room $164.00
Tax $ 11.48
Tax $ 11.48
Valet Park $ 18.00
14 St. Grill $ 30.57
10/15/01 Room $164.00
Tax $ 11.48
Tax $ 11.48
Valet Park $ 18.00
10/16/01 Room $164.00
Tax $ 11.48
Tax $ 11.48
Valet Park $ 18.00
14 St. Grill $ 30.00
10/17/01 Room $164.00
Tax $ 11.48
Tax $ 11.48
Valet Park $ 18.00
Total $150.00 $1,085.37
The balance of $935.37 was paid by Eathorne's National City Bank check
card upon departure.
281. Eathorne provided generic receipt stubs to document meal expenses for the time
period from October 13, 2001, to October 18, 2001.
a. Date Meal Amount Stub No.
10/13/01 Breakfast $ 21.00 33017
Lunch $ 32.00 357061
Dinner $ 95.00 717717
Eathorne, # 06 -053
Page 63
10/14/01 Breakfast $ 22.00 65633
Lunch $ 25.00 317957
Dinner $ 92.00 729947
10/15/01 Breakfast $ 20.00 824647
Lunch $ 31.00 729958
Dinner $106.00 914016
10/16/01 Breakfast $ 25.00 97868
Lunch $ 40.00 633240
Dinner $ 65.00 65340
10/17/01 Breakfast $ 21.00 717716
Lunch $ 32.00 357059
Dinner $ 80.00 340836
10/18/01 Breakfast $ 30.00 65335
Lunch $ 30.00 633421
Dinner $ 80.00 51893
Total $847.00
b. All of the stubs contained dates and amounts in Eathorne's handwriting.
282. Other expenses asserted by Eathorne for the time period October 13, 2001, to
October 18, 2001, including the following:
a. Mileage: Home to airport $31.06
90 miles at $.345 /mile
b. Parking: Airport $32.07
c. Tips $25.00
$88.76*
*[sic]. [There is a sixty -three cent discrepancy in the calculation, which does not
affect the calculation of the private pecuniary benefit in Fact Findings 292 -293.]
283. Eleven (11) of eighteen (18) generic receipt stubs submitted by Eathorne were
issued from (5) receipt books.
a. Receipt stubs confirmed that receipts were in sequence or receipts were part
of a sequence:
Stub Date Meal
357061 10/13/01 Lunch
357059 10/17/01 Lunch
717717 10/13/01 Dinner
717716 10/17/01 Breakfast
729947 10/14/01 Dinner
729958 10/15/01 Lunch
633420 10/16/01 Lunch
633421 10/18/01 Lunch
Eathorne, # 06 -053
Page 64
65335 10/18/01 Breakfast
65340 10/16/01 Dinner
65633 10/14/01 Breakfast
b. All of the sequenced receipts are identical in print and were made out in
Eathorne's handwriting.
284. Receipt stubs used by Eathorne were part of a sequence and identical in format as
receipts Eathorne used for other conferences:
Receipt No. Conference
357055 2001 Fall ALOM
357059* 2001 WEFTEC
357061* 2001 WEFTEC
717708 2001 Fall ALOM
717715 2001 PMAA
717716* 2001 WEFTEC
717717* 2001 WEFTEC
633415 2005 PMAA
633420* 2001 WEFTEC
633421* 2001 WEFTEC
633431 2005 WEFTEC
65329 2005 PMAA
65333 2006 Pumper Expo
65335* 2001 WEFTEC
65336 2006 Pumper Expo
65340* 2001 WEFTEC
65621 2006 Pumper Expo
65622 2001 PMAA
65624 2001 PMAA
65628 2002 WEFTEC
65633* 2001 WEFTEC
65634 2001 PMAA
65636 2001 PMAA
65638 2006 Pumper Expo
*Refers to 2001 WEFTEC Receipts
285. Eathorne's bank records also confirmed usage of Eathorne's bank card in Biloxi,
MS during the same period as the Atlanta trip:
10/17/01 Biloxi, MS
10/19/01 Biloxi, MS
$306.45
$102.00
The $102.00 expense was an ATM withdrawal.
The dates listed are the dates the charges were made to Eathorne's bank
account and were made within (4) days of bank card use.
286. Eathorne and Plant Manager Riley took a side trip to a casino in Biloxi, MS, during
the time frame of the conference.
a. Eathorne and Riley took similar trips to the Grand Casino in Biloxi when
attending the 1999 WEFTEC.
Eathorne, # 06 -053
Page 65
287. Eathorne claimed the following expenses in relation to his trip to Atlanta:
a. Room & Tax $934.80
b. Valet Parking $ 90.00
c. Meals $847.00
d. Hotel Meals $ 60.57
e. Mileage $ 31.06
f. Airport Parking $ 32.70
g. Tips $ 25.00
$2,021.13
288. Eathorne's airline reservations confirm travel dates of October 13, 2001, leaving
Pittsburgh and a October 17, 2001, return date.
a. Eathorne amended his travel to stay an extra day at WWMA expense and
did not return until October 18, 2001.
b. Eathorne incurred extra expenses including hotel and meals and parking for
a vehicle rented while in Atlanta.
c. Eathorne extended his stay, in part, due to travel to Biloxi, MS.
289. Eathorne's additional expenses not related to the conference included the following:
a. Room & Tax $186.96
b. Meals (by generic receipt) $140.00
$326.96
290. Eathorne did not attend sessions on at least parts of all three main days of the 2001
WEFTEC Conference.
a. Eathorne was registered for sight seeing tours of the Atlanta area on the
following days:
10/15/01 1:00 p.m. to 5:30 p.m.
10/16/01 9:30 a.m. to 1:00 p.m.
10/17/01 8:30 a.m. to 12:30 p.m.
291. Eathorne's attendance at the 2001 WEFTEC Conference was limited to registration
to view the exhibit hall.
a. Eathorne was not registered to attend any educational sessions.
1. Registration was required to obtain a badge to gain admission.
b. Part of his days were spent sight seeing in the Atlanta area.
c. Other time was spent traveling to Biloxi, MS.
292. The WWMA paid a total of $2,612.00 for Eathorne's attendance at the 2001
WEFTEC Conference which was limited to his tour of the exhibit hall.
a. Airfare $ 156.00
b. Advance $2,000.00
c. Tours $ 206.00
Eathorne, # 06 -053
Page 66
d. Room Deposit $ 150.00
e. Spouse Lifestyle $ 100.00
$2,612.00
293. Eathorne received a private pecuniary gain of $2,612.00 when the WWMA incurred
expenses for his travel to Atlanta for a conference he did not attend.
294. The 2002 WEFTEC conference was held in Chicago, IL, from Saturday, September
28, 2002, to Thursday, October 3, 2002.
a. Conference registration occurred on September 28, 2002, and September
29, 2002.
b. Conference events occurred from September 30, 2002, to October 3, 2002.
1. The Expo hall was open on September 29, 2002, from 1:00 p.m. to
5:00 p.m.
295. Advance Registration form for the conference completed on behalf of Eathorne
identified the following conference events registered for by Eathorne.
a. One Day EXPO only $50.00
b. Lifestyle Program (spouse) $100.00
c. The costs of these programs were billed to a WWMA American Express
Card issued to Barry Riley.
296. Eathorne did not register to attend any conference - related training or seminars.
a. Eathorne's sole conference - related activity for the entire six days of the
conference was a tour of the exhibitor hall.
297. Eathorne also registered for tours for his wife and himself to attend which were not
related to any conference function.
a. Highlights of Chicago 2 at $28.00 $56.00
Monday 9/30/02 1:30p. m. -4:30 p.m.
2 at $35.00 $70.00
Wednesday 10/2/02 9:00 a.m. -12:30 p.m.
b. Famous Homes of Chicago
c. The total cost of $126.00 for the Eathorne's tours was billed to the WWMA
American Express Card in the name of Barry Riley on August 21, 2002.
298. Eathorne received an advance of expenses in the amount of $2,500.00 by WWMA
check no. 29131 issued on September 24, 2002.
a. Eathorne signed the check in his capacity as WWMA treasurer.
b. The check was deposited to Eathorne's National City Bank account on
September 24, 2002.
c. Eathorne authorized the advance to himself five days after he was
instrumental in approving the increase in advance payments from $2,000.00
to $2,500.00.
Eathorne, # 06 -053
Page 67
299. Eathorne submitted an expense report claiming to have incurred the following
expenses in relation to the trip to Chicago:
Hotel $1,520.60
Cab & Limo fares $ 95.00
Food & Tips $1,021.69
Car Rental $ 311.15
Mileage 100 at .345/mi $ 34.50
Tips $ 90.00
$3,072.94
Advance $2,500.00
Balance owed $ 572.94
300. WWMA check no. 29282 dated October 29, 2002, in the amount of $572.94 was
issued to Eathorne.
a. Eathorne signed the check as WWMA treasurer.
b. The check was deposited to Eathorne's National City Bank account.
301. Not including airfare, the WWMA expensed $3,348.94 for Eathorne's travel to
Chicago.
302. The Chicago Marriott Guest Folio itemized the following in regard to expenses
incurred by Eathorne:
a. Arrival: 9/28/02 — 12:16 (CST)
Departure: 10/3/02
b. Room charges
9/28/02 $263.12
9/29/02 $263.12
9/30/02 $263.12
10/1/02 $263.12
10/2/02 $263.12
$1,315.60
c. Parking fees
9/28/02 $32.00
9/29/02 $32.00
9/30/02 $32.00
10/1/02 $32.00
10/2/02 $32.00
$160.00
d. Lobby $20.00
9/30/02
303. Eathorne submitted restaurant receipts to the WWMA claiming the following
expenses:
Date Location Amount
9/28/02 Spadaro's $50.00
Murrysville
9/28/02 Bandura $68.88
2:35p.m. (CST) Tip $12.12
Eathorne, # 06 -053
Page 68
9/29/02
9/30/02
10/1/02
$73.00*
Inter - Continental Hotel $39.40
10:30a.m. (CST) Tip $ 8.60
(2) Buffet Breakfasts $48.00
Chicago Hotel & Towers $18.61
10:35 a.m. (CST) Tip $ 3.39
$22.00
Inter - Continental Hotel $39.40
10:51a.m. (CST) Tip $ 7.60
(2) Buffet Breakfasts $47.00
Inter - Continental Hotel $39.40
11:21a.m. (CST) Tip $ 7.60
(2) Buffet Breakfasts $47.00
Lamonts $19.56
1:08p.m. (CST)
10/3/02 Bravo Kitchen $61.20
Pittsburgh Tip $11.80
5:32p.m. (EST) $73.00
(2) Dinners
*[sic]. [There is an $8.00 discrepancy in the calculation, to the advantage of
Respondent.]
304. Eathorne also submitted generic receipt stubs asserting additional meal expenses:
Date Amount Receipt No.
9/28/02 $240.00 990214
9/30/02 $115.00 65628
9/30/02 $ 45.00 644894
10/1/02 $120.00 71508
10/2/02 $ 40.00 71501
10/2/02 $ 13.73 03043
10/2/02 $ 38.00 433532
$611.73
305. Receipt stubs submitted by Eathorne as justification for expenses are parts of
sequences and identical in format and style as other receipts submitted by Eathorne
for other conferences:
Receipt No. Conference
990213 2003 Legislative Day
990214* 2002 WEFTEC
65621 2006 Pumper Expo
65622 2001 PMAA
65624 2001 PMAA
65628 2002 WEFTEC
71501* 2002 WEFTEC
71508 2002 WEFTEC
Eathorne, # 06 -053
Page 69
*Refers to 2002 WEFTEC
306. The pattern of using receipts identical in design and print and part of a sequence
was a common occurrence for Eathorne when traveling at rate payer expense and
was done solely to inflate expenses in order to receive private pecuniary gain.
a. Eathorne was one of the group of board members who asserted that since
they were not compensated as board members, they were entitled to claim,
as expenses, all advance monies received.
b. Eathorne typically did not go out for dinner when traveling to such
conferences unless the meal was paid for by a third party.
1. Eathorne did go to vendor hospitality suites where he was treated to
drinks and food items.
2. Eathorne's wife would accompany him.
3. Eathorne would go to these functions in lieu of purchasing dinner.
307. Eathorne also submitted a receipt to the WWMA claiming an expense at ESPN
Zone.
a. Eathorne submitted the receipt under the guise the purchase was for a meal.
b. The purchase of a hat at a cost of $21.75 was made at ESPN Zone on
September 29, 2002, at 2:25 p.m.
c. Eathorne claimed a total expense of $31.00 claiming that he paid an $8.25
tip.
1. Eathorne's National City Bank debit card records confirms a purchase
of $21.75.
d. The purchase was made during the time frame when conference seminars
were being held.
308. Eathorne rented a vehicle, a Chevy Blazer SUV, from National Car rental while on
his Chicago excursion at WWMA rate payer expense.
a. The vehicle was rented on September 28, 2002, at 1:01 pm and returned on
October 3, 2002, at 10:20 am.
b. A total of 40 miles was driven.
c. Charges for the vehicle included the following:
1 week rental $250.99
Fuel $ 11.25
Taxes $ 8.91
$311.15*
*[sic]. [There is a $40.00 discrepancy in the calculation.]
309. In addition to claiming vehicle rental and parking expenses totaling $471.15,
Eathorne claimed an additional cab and limousine expenses of $95.00.
Eathorne, # 06 -053
Page 70
9/28/02
9/29/02
10/1/02
10/1/02
9/29/02 $15.00
9/29/02 $15.00
9/30/02 $18.00
10/1/02 $12.00
10/2/02 $35.00 (Limo)
All of the receipts are made out in Eathorne's handwriting.
310. Of the $3,348.94 in expense monies paid to Eathorne, or on his behalf, the
following were not related in any way to the 2002 WEF Conference:
Car Rental $311.15
Lifestyle $100.00
Program
Tours $126.00
Parking $160.00
ESPN Zone $ 30.00
$727.15
311. Eathorne asserted a meal expense of $52.00* on September 28, 2002, the day he
departed for Chicago.
*[sic]. [Cf., Fact Finding 303. Respondent receives the benefit of the lower averred
amount of $50.00. Bartholomew, supra.]
a. The meal expense was claimed to have been incurred at Spadaro's
Restaurant, Murrysville, PA.
1. Spadaro's Restaurant does not open for business until 4:00 p.m.
2. Spadaro's is located approximately one hour by vehicle from the
Pittsburgh airport.
3. Eathorne checked in to the Chicago Marriott on September 28, 2002,
at 12:16 p.m. (CST)
312. Eathorne claimed spousal meal expenses even though WWMA travel policy does
not authorize such expenses:
half of $73.00
Duplicate of 10/1/02
$36.50
$24.00
$23.50
$47.00
$131.00
313. Eathorne claimed a meal expense of $73.00 on the evening of October 3, 2002,
after returning from Chicago.
314. Expenses not related to any conference function as outlined in findings 299 through
302 claimed by Eathorne totaled $983.15. [sic].
315. At least part of the conference time was spent by Eathorne on tours of Chicago.
a. 9/30/02 — 1:30 p.m.-4:30 p.m.
1. Eathorne and his wife also spent part of the morning at a buffet
Eathorne, # 06 -053
Page 71
breakfast at the Inter - Continental Hotel.
2. Eathorne was not involved in any conference functions on September
30, 2002.
b. 10/2/02 - 9:00 a.m. to 12:30 p.m.
316. There is no record of Eathorne attending any WEF conference function while in
Chicago from September 28, 2002, to October 3, 2002.
317. Eathorne received a private pecuniary gain when he claimed expenses not related
to the 2002 WEFTEC and for undocumented expenses.
a. Non - conference expenses $983.15*
b. Undocumented expenses $611.73
c. Room expenses $526.12
9/30/02 and 10/2/02
$2,121.00*
*[[Respondent is deemed to have admitted the indicated amount. However, we
determine that Respondent's total private pecuniary gain as to the 2002 WEFTEC
Conference was $2,079.00. See, Discussion, infra.]
318. The 2003 WEFTEC Conference was held in Los Angeles, California, from October
11, 2003, until October 16, 2003.
a. Eathorne and his spouse traveled to the conference site at WWMA rate
payer expense.
1. All expenses incurred, with the exception of spousal airfare, were
paid using WWMA funds.
b. WWMA manager Barry Riley also was registered to attend.
319. Eathorne received a $2,500.00 advance to attend the conference.
a. WWMA check no. 30889 was issued to Eathorne on October 9, 2003.
1. Eathorne signed the check in his position as WWMA treasurer.
b. The check was deposited to Eathorne's National City Bank account on
October 9, 2003.
320. Eathorne was not registered to attend any conference seminar or official events.
321. Eathorne submitted an expense report to the WWMA claiming expenses totaling
$3,009.86 and seeking an additional $509.86 payment from the WWMA.
322. Eathorne's expense report claimed expenses as follows:
a.
b.
c.
d.
e.
f.
g.
Mileage to /from airport 90 miles at .365 mi*
Parking Airport
Auto Rental
Hotel & meals
Airfare
Taxi
Meals (14 generic receipt stubs)
$ 32.40*
$ 51.66
$ 376.66
$1,898.14
$ 223.50
$ 35.00
$ 392.50
Date
Receipt No.
Amount
10/11/03
287358
$ 25.50
10/11/03
79274
$ 30.00
10/12/03
79271
$ 32.00
10/12/03
98232
$ 26.00
10/13/03
64190
$ 21.00
Eathorne, # 06 -053
Page 72
$3,009.86
*[We note a forty -five cent discrepancy in the calculation of the expense for
mileage.]
323. Eathorne and his wife stayed at Ritz Carlton Hotel, Huntingdon /Passadena, CA,
arriving on October 11, 2003, and checking out on October 17, 2003.
a. Itemized expenses from Eathorne's hotel bill confirmed the following:
10/11 to 10/17 Room & Tax
$257.69 x 6 $1,546.14
10/11 to 10/17 Parking $ 126.00
10/11 Ritz Bar $ 55.00
10/13 Terrace Dinner $ 120.00
10/15 Terrace Lunch $ 51.00
Total $1,898.14
324. Eathorne rented a vehicle from National Car Rental at the Los Angeles International
Airport.
a. The vehicle was picked -up on October 11, 2003, at 11:41 a.m. (PST) and
returned on October 17, 2003, at 5:50 a.m. (PST).
b. Total miles driven during the week were 166.
c. Costs for the rental totaled $376.66.
d. Eathorne claimed this expense as part of his conference expenses.
e. The rental vehicle was used to travel from and to the airport as well as
sightseeing trips taken by Eathorne.
1. Shuttle service was available to the hotel from the airport.
325. Eathorne also claimed a $35.00 cab fare on October 12, 2003, from the Westin
Hotel to the Ritz Carlton.
a. The conference provided free bus service daily between hotels.
b. Shuttle service ran every twenty minutes.
326. As he did with every other WEFTEC conference he attended, Eathorne submitted
fourteen "generic receipt stubs" totaling $385.50* to validate meal expenses as
required by WWMA policy.
10/14/03
140648
$ 23.00
10/15/03
500461
$ 35.00
10/15/03
65911
$ 21.00
10/15/03
777119
$ 23.00
10/15/03
257833
$ 25.00
10/16/03
150594
$ 65.00
10/16/03
* *317956
$ 15.00
10/17/03
34302
$ 30.00
10/17/03
264733
$ 15.00
Eathorne, # 06 -053
Page 73
*[sic]. [There is a $1.00 discrepancy, to Respondent's advantage, in the amount
above as compared to the sum of the amounts in the chart.]
327. Receipt stubs submitted by Eathorne to justify the advance and to seek additional
reimbursement are parts of sequences and identical in format and style as other
receipts submitted by Eathorne for other events.
Receipt No.
79269
79271*
79272
79273
79274*
79275
500461*
500579
65906
65911*
317956*
317957
*Refers to 2003 WEFTEC
Event
2005 PMAA
2003 WEFTEC
2005 PMAA
2006 Pumper Expo
2003 WEFTEC
2005 WEFTEC
2003 WEFTEC
2005 WEFTEC
2006 Pumper Expo
2003 WEFTEC
2003 WEFTEC
2001 WEFTEC
328. Upon returning to the Pittsburgh area on October 17, 2003, Eathorne claimed a
$29.00 meal expense at the Robinson Township Olive Garden.
329. Eathorne received WWMA check no. 31167 in the amount of $418.81 on December
16, 2003, for additional expenses related to the California trip.
a. Eathorne claimed $509.87 but $91.05 was deducted as a result of
overpayment to Eathorne by the WWMA for a prior conference.
330. No record exists of Eathorne attending any conference - related event.
331. Eathorne received a private pecuniary gain of at least $3,009.86 when he claimed
expenses paid by WWMA but did not attend any conference - related events.
332. The 2004 WEFTEC Conference was held at the Ernest N. Morial Convention
Center in New Orleans, Louisiana from October 2, 2004, through October 6, 2004.
a. Eathorne, accompanied by his wife, was one of the WWMA officials
registered to attend.
Eathorne, # 06 -053
Page 74
333. Eathorne and his wife pre- registered for conference activities on or about July 2,
2004.
a. The registration fees paid on behalf of Eathorne included:
One Day Expo - Monday
Spouse Lifestyle Program
b. The expenses were charged to a WWMA American Express card issued to
Manager Barry Riley.
334. Eathorne received an advance of expenses in the amount of $2,500.00 by WWMA
check no. 32518 on September 28, 2004.
a. Eathorne signed the check as WWMA Treasurer.
b. The check was deposited to Eathorne's checking account at National City
Bank on September 28, 2004.
335. Airfare for Eathorne in the amount of $216.30 was charged to a WWMA American
Express credit card issued to Barry Riley, WWMA Manager.
a. In addition to the airfare, additional charges to Riley's credit card, on behalf
of Eathorne and his wife, included flight insurance, baggage insurance, and
travel delay insurance at the following costs.
Flight 2 $8.99
Baggage @ $9.95
Travel Delay 2 @ $9.95
$ 50.00
$ 100.00
$ 150.00
$ 17.98
$ 19.90
$ 19.90
$ 57.78
b. WWMA check no. 32318 was issued to American Express on September 19,
2004, and included payments for Eathorne's airfare, insurances, and spousal
programs.
1. Eathorne signed the check as WWMA Treasurer.
336. Eathorne and his wife were scheduled to travel to and from New Orleans as follows:
10/2/04 Depart Pittsburgh
Arrive New Orleans
10/6/04 Depart New Orleans
Arrive Pittsburgh
9:30 a.m.
10:55 a.m.
11:40 a.m.
2:50 p.m.
337. Advances and expenses paid to or for Eathorne prior to the conference totaled
$2,924.18.
338. No record exists of Eathorne registering for, or attending any conference - related
activities.
a. Records are not maintained for expo hall attendance.
339. Eathorne and his wife were registered to stay at the Fairmont Hotel, 123 Baronne
Street, New Orleans, LA.
a. Eathorne checked in on October 2, 2004, and departed on October 7, 2004.
Eathorne, # 06 -053
Page 75
b. Actual Expo date for Eathorne was Monday October 4, 2004.
340. Charges incurred
following:
a. Room:
10/02/04
10/03/04
10/04/04
10/05/04
10/06/04
b. Meals:
10/02/04
10/03/04
10/04/04
10/05/04
10/05/04
10/07/04
10/03/04:
10/04/04:
10/05/04:
10/06/04:
10/07/04:
to Eathorne's room account at the Fairmont included the
In -room Dining
Sazerac
Sazerac
Sazerac
Fairmont Court
Sazerac
Total Bill
c. Eathorne paid the bill using his National City Bank debit card.
341. Eathorne submitted an expense report to the WWMA claiming expenses in
justification of the $2,500.00 advance he received:
Hotel
Parking airport 10/02/04 to 10/07/04
Mileage 135 @ .345/mi
Meals 10/02/04 to 10/07/04
10/02/04: Breakfast
Lunch
Dinner
Breakfast
Lunch
Dinner
Breakfast
Lunch
Dinner
Breakfast
Lunch
Dinner
Breakfast
Lunch
Dinner
Breakfast
Lunch
Dinner
TOTAL
$ 226.87
$ 226.87
$ 226.87
$ 226.87
$ 226.87
$1,134.35
$ 49.16
$ 43.00
$ 49.00
$ 22.00
$ 40.00
$ 19.00
$ 222.16
$1,356.51
$1,356.51
$ 42.88
$ 46.57
Hotel
$ 21.00
$ 55.00
$ 19.00
Hotel
HDR
$ 25.00
Hotel
$ 61.50
Hotel
Hotel
$ 110.00
$ 39.00
$ 210.00
Hotel
$ 16.37
$ 167.84
$ 724.71
Date
Stub No.
Amount
Eathorne's Reference
10/04/04
783365
$ 61.50
Dinner
Undated
783368
$ 39.00
Lunch (10/6)
Undated
783375
$ 21.00
Lunch (10/2)
10/04/04
783377
$ 25.00
Breakfast
10/05/04
783378
$ 110.00
Dinner
Undated
783379
$ 19.00
Breakfast (10/3)
Eathorne, # 06 -053
Page 76
Hotel refers to meals charged to Eathorne's hotel bill.
HDR refers to meals purchased by WWMA's engineer.
Cab Service:
$ 26.50
$ 22.50
$ 55.00
$ 23.00
$ 55.00
$ 25.00
$ 233.00*
All of the cab receipts are made out in Eathorne's handwriting.
Bus shuttle service at no cost was provided during the conference.
The receipts were distributed by vendors who had booths at the conference
exhibitor hall.
*[sic]. [There is a $26.00 discrepancy in the calculation.]
342. Eathorne also claimed undocumented tips totaling $120.00.
a. The maximum allowed per WWMA travel policy is $25.00.
343. Total expenses claimed by Eathorne for his trip to New Orleans was $2,523.67.
a. This did not include airfare, flight insurance, and programs /tours.
344. In justification of meal expenses claimed on his expense report, Eathorne submitted
"generic receipt stubs" totaling $724.71.
a. The stubs are made out in Eathorne's handwriting.
b. None of the stubs identify a restaurant or meals purchased.
c. Eathorne generally did not purchase meals at WEFTEC conferences.
1. Eathorne typically ate meals provided by vendors through vendor
hospitality suites.
2. Meals were also purchased using the WWMA credit card of Barry
Riley.
345. Eathorne claimed a $55.00 dinner expense on October 2, 2004.
a. Eathorne's meal was actually purchased by WWMA accountant, John Sarp.
346. Eathorne submitted six (6) generic receipt stubs which are identical in format and
within a sequence of fourteen(14) numbers from the same receipt book.
Stub Number
Date
Amount
10/02/04
435178
$ 55.00
Undated
130867
$ 167.84
Undated
824620
$ 16.37
10/06/04
717175
$ 210.00
Eathorne, # 06 -053
Page 77
347. Other generic receipts submitted by Eathorne included the following:
348. Receipt stubs submitted by Eathorne were parts of sequences of identical stubs
used by Eathorne for other conferences.
Stub Event
717708 2001 Fall PMAA
71715 2004 WEFTEC
717716 2001 WEFTEC
717717 2001 WEFTEC
824620 2004 WEFTEC
824624 2005 ALOM
824633 2001 ALOM
349. Eathorne claimed mileage for the trip from his home to the Pittsburgh Airport and
return at 135 miles.
a. Google Maps and Rand McNally computations determine the actual miles
as:
1. Google
34.9 one way total 69.8 miles
2. Rand McNally 42 miles one way total 84 miles
350. Eathorne over - billed the WWMA for mileage to and from the airport:
Miles claimed 135 at .345 miles
Actual mileage 84 at .345 miles
$46.57
$28.95
$17.59
351. Eathorne realized a private pecuniary gain of at least $1,339.16* as a result of
claiming the following:
Meals /generic receipts $724.71
Excess Tips $ 95.00
Spouse Lifestyle $100.00
Luggage /Flight insurance $ 57.78
Cab Expenses $233.00*
Mileage $ 17.59
1/2 Hotel meals (spouse) $111.08
*[Respondent is deemed to have admitted the indicated amounts. However, we
determine that Respondent's total private pecuniary gain as to the 2004 WEFTEC
Conference was at least $1,313.16. See, Discussion, infra.]
352. No record exists of Eathorne attending any conference related event.
a. Eathorne was only registered for a one day expo.
b. Nightly room expenses were $226.87.
Tour Description
Time
Cost
Quantity
Total
Sunday, October 30
Mount Vernon
8:30a.m.-
12:30p.m.
$36.00
2
$72.00
Monday, October 31
Welcome to Washington - AM
9:30a.m.-
12:00noon
$28.00
2
$56.00
Tuesday, November 1
Hillwood Estate
1:30p.m. —
4:30p.m.
$40.00
2
$80.00
Tuesday, November 1
National Cathedral
8:30a.m. —
11:30a. m.
$38.00
2
$76.00
Wednesday, November 2
Old Town Alexandria /Optional
Shopping
8:30a.m.-
2:30p.m.
$44.00
2
$88.00
Total
$372.00
Eathorne, # 06 -053
Page 78
c. Eathorne could have completed his conference attendance after one day.
353. The 2005 WEF Conference was held in Washington, DC, from October 29, 2005,
until November 1, 2005.
a. Eathorne and his wife were registered to attend the event.
354. Registration for Eathorne's attendance at the Conference was made by the
Assistant Secretary /Treasurer Barbara Balcerek.
a. The registration fees were charged to the Authority American Express credit
card assigned to Barbara Balcerek.
b. Authority check #33624, dated May 19, 2005, in the amount of $1,675.61,
was issued to American Express in payment of (in part) the registration fees.
c. This included spousal lifestyle program of $100.00.
355. Attendees were provided with the opportunity to register for sightseeing tours
offered during the course of the convention.
a. Fees associated with the tours were charged to the Authority American
Express credit card assigned to Assistant Secretary /Treasurer Barbara
Balcerek.
b. Balcerek completed the sightseeing tour registration forms based on
information provided by Eathorne.
356. The cost to the Authority for the sightseeing tours for Eathorne and his wife totaled
$372.00.
357. Eathorne received a $2,500.00 advance of expenses by WWMA check no. 34485
on September 27, 2005.
Eathorne, # 06 -053
Page 79
a. Eathorne signed the check as WWMA treasurer.
b. The check was deposited to Eathorne's National City Bank account.
358. Eathorne and his wife were registered to stay at the Churchill Hotel, 1914
Connecticut Avenue, NW, Washington, DC.
a. Eathorne is confirmed as checking in on October 29, 2005, at 3:08 p.m. and
checking out on November 2, 2005, at 3:48 p.m.
359. Eathorne's hotel bill for the Churchill included the following expenses:
a. Room & Tax
10/29/05
10/30/05
10/31/05
11/01/05
b. Parking
10/29/05
10/30/05
10/31/05
11/01/05
c. Meals
10/29/05
10/30/05
10/30/05
10/31/05
d. Bar
$234.73
$234.73
$234.73
$234.73
$938.92
$ 28.00
$ 28.00
$ 28.00
$ 28.00
$112.00
$ 56.00
$ 24.00
$ 40.00
$ 8.00
$128.00
10/29/05 $ 73.00
Total $1,251.92
360. Eathorne submitted an expense report to the WWMA claiming the following
expenses:
a. Mileage
750 mi at .485/mi $ 363.75
b. Hotel $1,251.92
Tips $ 39.00
$1,290.00*
c. Cab Fares
4 at $19.50 $ 78.00
1 at $20.00 $ 20.00
$ 98.00
d. Meals
10/29/05
Breakfast $ 40.00
10/30/05
Eathorne, # 06 -053
Page 80
Dinner $ 110.00
10/31/05
Breakfast $ 30.00
11/01/05
Breakfast $ 44.00
Lunch $ 25.00
Dinner $ 35.48
11/02/05
Breakfast $ 32.00
Lunch $ 70.00
Dinner $ 108.00
11/03/05
Breakfast $ 36.50
$ 454.48
Total $2,283.65*
*[sic]. [There is a ninety -two cent discrepancy in this calculation. However, the
discrepancy is not within the indicated total of $2,283.65.]
361. Eathorne submitted generic receipt stubs to justify meal expenses claimed on the
WWMA expense report.
Receipt Stub Date Amount
807583 10/29/05 $ 40.00
1137384 10/30/05 $110.00
500579 10/31/05 $ 30.00
960732 11/01/05 $ 44.00
79275 11/02/05 $108.00
633431 11/02/05 $ 32.00
Receipt no. 500579 is identical in format and manufacturer to Receipt no.
500461 submitted by Eathorne when attending the 2003 WEFTEC.
Receipt no. 79275 is identical in format and manufacturer and in the exact
sequence as stubs 79269, 79271, 79272, 79273, and 79274 that Eathorne
used to justify expenses for conferences in 2003, 2005, and 2006.
Receipt no. 633431 is identical in format and manufacturer and part of the
sequence of numbers of stubs used by Eathorne when justifying meal
expenses in 2001 (WEFTEC) and 2005 (PMAA):
Stub No. Events
633415 2005 PMAA
633421 2001 WEFTEC
362. Eathorne claimed dinner expenses each night he was in Washington.
a. Eathorne generally had dinners provided to him and his wife by convention
vendors in the form of either hospitality suites or dinners paid by vendors.
b. Eathorne claimed dinner expenses using receipt stubs totaling $253.48.
363. Eathorne claimed a breakfast expense of $36.50 on November 3, 2005, one day
after the conference ended.
a. The expense claimed occurred on November 3, 2005, at 1:20 p.m. at a
Waffle House in Frederick, MD.
Eathorne, # 06 -053
Page 81
b. The actual debit from Eathorne's National City Bank account was $31.50.
c. Eathorne checked out of the hotel on November 2, 2005, at 3:48 p.m.
364. Eathorne issued personal check no. 1364 in the amount of $215.35 to the WWMA
on December 13, 2005, as repayment of advance expenses for the 2005 WEF
Conference.
365. The 750 miles claimed by Eathorne to travel from his home in Washington, DC and
return was 215 miles more than the next highest WWMA board member claimed for
the same trip.
a. Other mileage claimed by board members:
Thornton 452
Sarp 475
Balcerek 523
Zentner 535
b. MapQuest and Rand McNally have computed the mileage from Eathorne's
home to hotel as follows:
MapQuest 217 miles
Rand McNally 237 miles
c. Based on the mileage computations Eathorne over - charged the WWMA for
mileage by at least 270 miles (750 -480).
d. Eathorne did take a side trip to Anapolis, MD while traveling at WWMA
expense.
e. Eathorne's over charge of the WWMA resulted in an overpayment to him of
$130.95 (270 mi at .485/mi).
366. WEF Conference records confirm Eathorne was not registered for any conference
related events.
a. Eathorne's sole conference - related activity was registration to tour the Expo
Hall.
b. The bulk of Eathorne's time was spent taking tours of the Washington, DC
area.
10/30/05
10/31/05
11/1/05
11/2/05
8:30 a.m.— 12:30 p.m.
9:30 a.m. — 12:00 p.m.
8:30 a.m. — 11:30 p.m.
1:30 p.m. — 4:30 p.m.
8:30 a.m. — 2:30 p.m.
367. WWMA paid fees and advances to or for Eathorne totaling $2,972.00 as follows:
Spouse lifestyle $ 100.00
Tours $ 372.00
Advance $2,500.00
$2,972.00
Eathorne, # 06 -053
Page 82
368. Eathorne realized a private pecuniary gain of $2,756.65 as a result of him not
attending the 2005 WEFTEC and claiming expenses and /or having expenses paid
on his behalf not related to any conference activity.
Total payments
Repayment by Eathorne
a. Hotel:
Embassy Suites
b. Parking (Airport)
$2,972.00
$ 215.35
$2,756.65
369. Eathorne traveled to the 2006 WEF Conference held in Dallas, TX, from October
21, 2006, through October 25, 2006.
a. Eathorne's wife accompanied him on this trip.
b. Eathorne traveled to Dallas 20 days after returning from the 2006 PMAA
Conference.
370. Airfare for Eathorne totaling $304.61 was paid by a WWMA credit card.
a. The WWMA also charged Patricia Eathorne's flight totaling $304.61.
b. Patricia Eathorne issued a personal check to WWMA in the amount of
$299.60 for her flight.
371. Eathorne was registered for the Expo only full week option portion of the conference
and a tour of a Wastewater Treatment Plant.
a. Costs included: Expo $135.00
Tour $ 40.00
$175.00
372. Eathorne requested and received a $2,000.00 advance to travel to Dallas.
a. WWMA check no. 35661 in the amount of $2,000.00 was issued to Eathorne
on October 19, 2006.
1. Eathorne signed the check as WWMA treasurer.
2. The check was deposited to Eathorne's National City Bank account
on October 19, 2006.
373. Eathorne did not submit a travel expense to the WWMA documenting expenses to
justify the $2,000.00 advance payment.
374. Eathorne's personal records for the trip to Dallas confirm the following expenses:
$629.60
$ 45.51
$675.11
375. Eathorne's bank statements for debit card usage reflect no other expenditures
during the time period of the Dallas trip.
376. No record exists of Eathorne attending any conference related functions other than
the Expo.
Eathorne, # 06 -053
Page 83
377. Eathorne received a private pecuniary gain of $2,299.60 as a result of advances
and airfare paid on his behalf to travel to Texas.
a. This includes the advance and airfare charge of $299.60.
378. Eathorne realized a private pecuniary [gain] of $14,138.27* by claiming /receiving
expenses for events not attended, for overcharging the WWMA, and for expenses
related to his spouse:
2001 $2,612.00
2002 $2,121.00*
2003 $3,009.86
2004 $1,339.16*
2005 $2,756.65
2006 $2,299.60
*[Respondent is deemed to have admitted the indicated amounts. However, we
determine that Respondent's total private pecuniary gain as to WEFTEC events
was $14,070.27. See, Discussion, infra.]
379. Eathorne attended a Pumper & Cleaner Environmental EXPO held in Nashville, TN,
from February 15, 2006, through February 19, 2006.
a. Eathorne's wife accompanied him on this trip.
b. Eathorne was the only WWMA board member to travel to Nashville.
c. This Expo is similar to WEF.
380. Eathorne received a $2,500.00 advance of expenses by WWMA check no. 34945
dated February 7, 2006.
a. Eathorne co- signed the check.
b. The check was deposited to Eathorne's account at National City Bank on
February 8, 2006.
381. Eathorne was registered to stay at the Sheraton, Music City, Nashville.
a. Eathorne checked in at 5:55 p.m. on February 14, 2006, and checked out on
February 19, 2006.
382. Sheraton Guest invoice no. 103240 for Eathorne confirmed charges to the account
as follows:
a. Room & Tax
2/14/06 $137.10
2/15/06 $137.10
2/16/06 $137.10
2/17/06 $137.10
2/18/06 $137.10
Total $685.50
b. Meals — Old Hickory Grill
2/14/06 $ 91.00
2/17/07 $ 31.00
2/18/07 $ 57.11
Eathorne, # 06 -053
Page 84
c. The bill was paid with Eathorne's National City Bank debit card.
383. Eathorne submitted a travel expense report to the WWMA in justification of the
$2,500.00 advance and to seek additional reimbursement.
a. Hotel
b. Tips
c. Meals
Total
2/14/06 (2 meals)
2/15/06 (3 meals)
2/16/06 (3 meals)
2/17/06 (2 meals)
2/18/06 (2 meals)
2/19/06 (3 meals)
d. Mileage 1330 at .445/mi
$179.11
$864.61
$864.61
$120.00
$ 78.00
$120.00
$169.00
$181.00
$174.00
$208.00
$930.00
$591.85
e. Total claimed $2,506.46
384. Eathorne received WWMA check no. 35091 in the amount of $6.46 on March 9,
2006.
a. Eathorne signed the check as WWMA treasurer.
385. Of the meal receipts submitted by Eathorne, two were from legitimate restaurants
and the remaining thirteen (13) stubs totaling $845.00 were in the form of the
generic stubs regularly utilized by Eathorne as justification for expenses.
a. The two restaurant receipts were:
2/15/06 Scorecard $46.00
Nashville, TN
2/19/06 Texas Roadhouse $39.00
Morgantown, WV
386. The $845.00 in meal expenses claimed by Eathorne was done by submitting the
following generic receipt stubs:
Stub No. Date Amount
65621 2/14/06 $ 40.00
65906 2/14/06 $ 38.00
471734 2/15/06 $ 31.00
843001 2/15/06 $ 43.00
317953 2/16/06 $ 31.00
51894 2/16/06 $ 36.00
936435 2/16/06 $102.00
405244 2/17/06 $ 51.00
79273 2/17/06 $130.00
464097 2/18/07 $ 29.00
65336 2/18/06 $145.00
65333 2/19/06 $134.00
Eathorne, # 06 -053
Page 85
65638 2/19/06 $ 35.00
$845.00
387. Seven (7) of the generic receipt stubs totaling $558.00 submitted by Eathorne are
identical in format, manufacturer, and are parts of sequences used by Eathorne or
other WWMA officials for prior travel.
a. Stub no. 51894 is identical to stub no. 51893 submitted by Eathorne as part
of his trip to Atlanta for the 2001 WEFTEC.
b. Stub no. 65333 and 65336 are identical in format and manufacturer and are
in a sequence of numbers used by Eathorne for other conferences:
65329 2005 PMAA
65340 2001 WEFTEC
c. Stub no.'s 65621 and 65638 are identical in format and manufacturer and
are in a sequence of numbers used by Eathorne for prior conferences:
65622 2001 PMAA
65624 2001 PMAA
65628 2002 WEFTEC
65633 2001 WEFTEC
65634 2001 PMAA
65636 2001 PMAA
d. Stub no. 65906 is identical in format, manufacturer and sequence to stub no.
65911 used by Eathorne for the 2003 WEFTEC.
e. Stub no. 79273 is identical in format, manufacturer and sequence to the
following used by Eathorne for other conferences:
79269 2005 PMAA
79271 2003 WEFTEC
79272 2005 PMAA
79274 2003 WEFTEC
79275 2005 WEFTEC
388. Eathorne claimed tips of $120.00 for his trip to Nashville.
a. WWMA maximum is $25.00.
b. Eathorne submitted no justification for the tips.
389. Eathorne claimed mileage of 1,330 miles for his trip to Nashville.
a. Round trip mileage from Eathorne's home to the hotel is 1,180.
b. Eathorne over - billed the WWMA for mileage by at least $66.75 (150 at
.445/mi).
390. Eathorne realized a private pecuniary gain when he used WWMA advance funds to
pay for spousal expenses, when he did not document actual meal expenses, and
when he overcharged the WWMA for mileage:
Undocumented $845.00
Generic receipts
Eathorne, # 06 -053
Page 86
Spousal meals $ 42.50
(from receipts, half of $85.00)
Mileage
Hotel meals,
half of $179.11
$ 66.75
$ 89.55
$1,043.80
391. Eathorne attended the 2006 annual Technical Conference (PENNTEC) of the
Pennsylvania Water Environment Association (PWEA).
a. The conference was held in State College, PA, from Sunday, July 16, 2006,
until Wednesday morning July 19, 2006.
392. The Conference itinerary included the following:
7/16/06
9:00 a.m.
1:00 p.m. — 5:00 p.m.
5:00 p.m. — 7:00 p.m.
7/17/16 [sic]
7:30 a.m. — 8:30 a.m.
8:30 a.m. — 11:30 a.m.
11:30 a.m. — 1:30 p.m.
1:30 p.m. — 4:30 p.m.
7:00 p.m. — 10:00 p.m.
7/18/06
7:30 a.m. — 8:30 a.m.
8:15 a.m. — 11:45 a.m.
11:45 a.m. — 1:30 p.m.
1:15 p.m. — 5:00 p.m.
6:00 p.m. — 9:00 p.m.
7/19/06
8:30 a.m. — 11:45 a.m. Education Sessions
Golf Tournament
Open Registration
President's Reception
Continental Breakfast
Education Sessions
PWEA Annual Business Meeting
Education Sessions
Annual Dinner and Awards Ceremony
Continental Breakfast
Education Sessions
Complimentary Lunch
Education Sessions
Annual Social Mixer
393. The conference was held at the Penn Stater Conference Hotel.
a. Room rates were $111.00 /per night for a single and $121.00 /per night for
double occupancy.
394. On June 27, 2006, WWMA check no. 35103 in the amount of $490.00 was issued
to the PWEA for the conference registration for Eathorne and Kevin Fisher.
a. Eathorne's costs as a non - member were $260.00 while Fisher's total was
$230.00.
b. Eathorne co- signed the check.
395. Eathorne received an $800.00 advance of expenses by WWMA check no. 35157
dated July 11, 2006.
a. Eathorne co- signed the check.
Eathorne, # 06 -053
Page 87
b. The check was deposited to Eathorne's National City Bank account.
396. Eathorne did not submit a travel expense report to the WWMA following the trip.
397. Eathorne checked into the Penn Stater on July 16, 2006.
a. The Hotel invoice confirmed the following expenses:
7/16/06
Room & Tax
Gardens Restaurant
$120.44
$ 19.30
$139.74
7/17/06
Room & Tax $120.44
7/18/06
Room & Tax $120.44
Total $380.62
398. Eathorne claimed or asserted no other expenses in relation to the 2006 PENNTEC
Conference.
a. Pursuant to a subpoena [served] by the Investigative Division of the State
Ethics Commission, Eathorne provided a copy of a bank statement outlining
total expenses of $380.62.
399. Eathorne realized a private pecuniary gain of $419.38 as a result of his use of his
position to approve an advance of expenses of $800.00 and incurred expenses of
$380.62.
400. Eathorne's use of the authority of his position to issue payments to him, claim
bogus meal expenses, and approve spousal expenses for travel between the fall of
2001 through October 2006 resulted in a private pecuniary again of $21,563.87.*
ALOM Events $ 2,676.84*
PMAA $ 3,285.58
WEFTEC $14,138.27*
PWEA $ 419.38
Pumper Expo $ 1,043.80
$21,563.87*
*[Respondent is deemed to have admitted the indicated amounts. However, we
determine that the total private pecuniary gain received by Eathorne was in the
amount of $21,491.87. See, Fact Findings 148 and 278; Bartholomew, supra.]
III. DISCUSSION:
As a Member of the Western Westmoreland Municipal Authority ( "WWMA ") from
July 18, 1996, until December 2006, Respondent Robert Eathorne, hereinafter also
referred to as "Respondent," "Respondent Eathorne," or "Eathorne," was a public official
subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65
Pa. C. S. § 1101 et seq.
The allegations are that Eathorne violated Section 1103(a) of the Ethics Act when
he used the authority of his public position when he authorized advances of expenses for
his attendance at conferences and conventions and then claimed expenses in excess of
Eathorne, # 06 -053
Page 88
actual expenses incurred; when he used expense advancements for expenses incurred by
his spouse; when he authorized advance payments of expenses to him for conferences
and convention - related events he did not attend; and when he authorized the use of a
WWMA credit card for the payment of expenses and items of a personal nature for himself
and his spouse.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Preliminarily, we must address a procedural issue that has arisen regarding
Respondent's failure to file a timely Answer to the Investigative Complaint. The pleading
stage in this case began with the issuance of the Investigative Complaint on November 2,
2007. On its face, the Investigative Complaint stated that an Answer had to be received at
this Commission within thirty (30) days of issuance. The Answer was due at this
Commission by no later than December 3, 2007. In this case, an Answer was not timely
filed.
By faxed letter dated December 4, 2007, Chief Counsel notified Respondent's
Counsel that an Answer had not been timely filed, such that Respondent had admitted the
averments of the Investigative Complaint and waived a hearing. Chief Counsel indicated
that the matter would be submitted to this Commission for disposition.
Following the issuance of Chief Counsel's aforesaid letter, Respondent's Counsel
Eathorne, # 06 -053
Page 89
filed an Application for Permission to File Answer to Investigative Complaint Nunc Pro
Tunc ( "Application ") with an attached proposed Answer to the Investigative Complaint.
Respondent's Application avers that as a result of an administrative error, the deadline to
respond to the Investigative Complaint was inadvertently calculated as being December 5,
2007; that the filing of the Answer one day late would not prejudice any party to the action;
and that a decision rendered on the merits would serve the best interest of both the parties
and the public.
On December 6, 2007, the Investigative Division filed a Response opposing
Respondent's Application and asserting New Matter. The Investigative Division references
Section 1108(e) of the Ethics Act and Section 21.5 of the Regulations of this Commission,
which provide that a response must be filed within thirty (30) days of the issuance of the
Findings Report unless the time period is extended by the Commission for good cause
shown, and that matters not specifically denied in the response are deemed admitted. The
Investigative Division cites various judicial decisions to support its position that the filing
deadline is jurisdictional, and that this Commission may not grant Respondent's
Application absent a showing of fraud, a breakdown in the administrative or postal
process, incapacity, or other circumstances that are non - negligent in nature. The
Investigative Division states that Respondent's failure to timely file an Answer to the
Investigative Complaint was due to Respondent's or his counsel's error or omission, and
that such is legally insufficient to form a basis for allowing Respondent to file his Answer
Nunc Pro Tunc.
On December 10, 2007, Respondent filed a Reply to New Matter, stating that
Respondent's Counsel believed the Answer was due on or before December 5, 2007.
Respondent asserts that if the standards for allowing an untimely appeal as enunciated in
civil cases and criminal cases are read together, the principle emerges that an appeal
Nunc Pro Tunc is intended as a remedy to vindicate the right to an appeal where that right
has been lost due to certain extraordinary circumstances." Reply to New Matter, at
paragraph 33.
It is clear under the Ethics Act and Regulations that a response to the Investigative
Complaint must be received within 30 days. 65 Pa.C.S. § 1108(e); 51 Pa. Code § 21.5(k).
Cf., Criss v. Wise, 566 Pa. 437, 781 A.2d 1156 (2001). As noted above, even the face
sheet of the Investigative Complaint states that an Answer must be received within 30
days. The Answer in this case was not timely received.
In order for a late answer to be deemed timely filed, we apply the same civil
standard as is applied by the courts to untimely appeals (see, Getz v. Pennsylvania Game
Commission, 475 A.2d 1369 (Pa. Cmwlth. 1984) applying that standard in administrative
proceedings to an untimely request for a hearing). See, e.q., Nagele, Order 1403; Hoover,
Order 1402; Scales, Order 1394; Popkave, Order 1318. The standard is that to accept the
untimely filing as if it were timely, there must either have been fraud or a breakdown in the
administrative process (see, West Penn Power Co. v. Goddard, 460 Pa. 551, 333 A.2d 909
(1975); Bianco v. Robinson Twp., 556 A.2d 993 (Pa. Cmwlth. 1989)), which includes the
postal process (Getz v. Pennsylvania Game Commission, supra), or there must have been
unique and compelling factual circumstances establishing non - negligent failure to file
timely (Grimaud v. Dep't of Env. Resources, 638 A.2d 299 (Pa. Cmwlth. 1994)). See also,
Criss v. Wise, supra. Mere delays in the U.S. mail, even during a holiday season, are
considered foreseeable and avoidable and are insufficient grounds to support an
Application Nunc Pro Tunc. Criss v. Wise, supra.
We reject Respondent's argument that criminal standards may be applied in this
civil administrative proceeding, but in any event, Respondent's right to file an Answer to
the Investigative Complaint was not lost due to extraordinary circumstances.
None of the conditions for allowing the filing of a late Answer is present in this case.
Eathorne, # 06 -053
Page 90
In fact, there has not been any allegation of fraud, any breakdown in the administrative
process or the mail delivery system, or any unique and compelling factual circumstances
that would establish a non - negligent failure to timely file. The only argument that has been
proffered is that an Answer was not timely filed by Respondent because Respondent's
attorney failed to accurately calculate the filing deadline. That argument presents no basis
for allowing the filing of a late Answer. Baxter, Order No. 985. (Cf., In re Tenet Health
Systems Bucks County, LLC, 880 A.2d 721 (Pa. Cmwlth. 2005) (Counsel's reliance upon
erroneous version of statute as published in Purdon's Statutes when determining the
deadline for appeal did not justify the filing of an appeal nunc pro tunc.).
Parenthetically, we note that our Regulations allow for the filing of an application for
an extension to file an Answer. 51 Pa.Code § 21.5(k). No such request was made in this
case prior to the filing deadline. Respondent's Application for Permission to File Answer to
Investigative Complaint Nunc Pro Tunc is denied.
Having disposed of the procedural matter, we shall now summarize the facts
pertaining to this case. Given Respondent's failure to file a timely Answer to the
Investigative Complaint, the facts as averred by the Investigative Complaint are deemed
admitted by Respondent. 65 Pa.C.S. § 1108(e); 51 Pa. Code § 21.5(k).
Respondent Eathorne served as a Member of the WWMA from July 18, 1996, until
December 2006. Eathorne served as Treasurer of the WWMA commencing February 17,
2000, through 2006. Eathorne's main function as Treasurer was to co -sign checks with
assistant Secretary /Treasurer Barbara Balcerek (also referred to herein as "Balcerek ").
Since at least 2001, WWMA Board Members and selected employees have
regularly attended conferences, conventions, and seminars. Pursuant to WWMA travel
policies in effect since 2000, any WWMA Board member, officer, manager, or solicitor was
authorized, without further action of the Authority, to attend any convention, conference,
seminar, or meeting of associations and organizations to which the WWMA belonged.
WWMA travel policies provided that the Authority would reimburse the expenses for such
functions, including registration fees, commercial travel and lodging arranged by the
WWMA, mileage for a personal vehicle, meals, and all other actual expenses reasonably
incurred in traveling to and attending such functions. Each attendee was authorized to
incur miscellaneous, undocumented expenses to a maximum of $25.00 per function.
Travel policies did not provide for the reimbursement of spousal and /or guest expenses.
During the time period under review, the WWMA advanced some travel expenses
directly to conference - related payees, such as conference hosts and hotels. WWMA
travel policies also authorized an attendee such as Eathorne to request and directly
receive an advancement for expenses, initially for up to $2,000 per function. An attendee
who received an advancement of expenses was required to file an expense report with
proper receipts, and failure to do so would result in the advancement being considered
income for tax purposes.
During his tenure on the WWMA Board, Eathorne consistently advocated for
increased advance payments to Board Members for travel and argued against any
attempts to restrict or put limits on Board Members' travel.
On February 21, 2002, after questions had been raised regarding Board Member
travel, the WWMA unanimously voted to approve a moratorium on all travel by Members to
conferences and meetings until September 4, 2002. At the subsequent Board meeting
held on March 21, 2002, Eathorne unsuccessfully attempted to rescind the moratorium.
The WWMA lifted the moratorium in September 2002. Contemporaneously with the
moratorium being lifted, Eathorne advocated an increase in the amount of expense
advancements from $2,000 to $2,500. On September 19, 2002, a motion was approved by
the WWMA Board to increase the amount of advance money from $2,000.00 to $2,500.00.
Eathorne, # 06 -053
Page 91
Eathorne seconded the motion. The authorized amount for advance expenses for
conference attendance has remained at $2,500 since September 19, 2002.
During various 2006 WWMA Board meetings, Eathorne opposed recommendations
by certain other WWMA Board Members to adopt stricter travel policies with spending
limits and to invite this Commission to review expenses from a particular convention that
had been attended by Eathorne.
Eathorne co- signed all checks issued between 2001 and 2006 for advances and
registration fees. See, Fact Findings 21 b 1; 34 b 1.
The WWMA Board does not approve advance payments to Board members, review
or approve Members' travel expense reports, or approve any expenses claimed by Board
members. Travel expense reports are reviewed only by Balcerek. Balcerek does not
challenge any expenses claimed by Board members. Board members have submitted
receipts that have not been scrutinized or reviewed by anyone with authority to challenge
individual claims.
Eathorne, as a member of the WWMA, attended at least 30 conferences,
conventions, and workshops between October 2001, and October 2006. The events under
review in this matter were held by the following organizations: Allegheny League of
Municipalities (ALOM); the Pennsylvania Municipal Authorities Association (PMAA); the
Water Environment Federation (WEFTEC); and the Pennsylvania Water Environment
Association (PWEA).
Eathorne's spouse, Patricia Henrickson Eathorne, has accompanied Eathorne on all
conferences attended by Eathorne. The majority of Patricia Eathorne's expenses incurred
while accompanying Eathorne have been paid by the WWMA. Eathorne has paid for his
spouse's airfare when attending WEFTEC conferences.
Eathorne has directly received advances of expenses for conferences and /or
conventions on a regular basis from August 2001 through 2006 as detailed in Fact Finding
41. These advances did not encompass all monies paid to Eathorne or on the Eathornes'
behalf by the WWMA for expense claims made by Eathorne. The WWMA also advanced
expenses for Eathorne's travel to conference hosts, hotels, airlines, and other providers.
Eathorne was one of a group of Board Members who asserted that since they were
not compensated as Board Members, they were entitled to claim, as expenses, all advance
monies they received. Travel expense reports submitted by Eathorne included "generic"
receipt stubs. Eathorne used these receipts to justify retaining entire advance expense
payments that he had received. These stubs never identified a restaurant or location
where expenses were allegedly incurred. They were often numbered sequentially,
matching in style, format, and manufacturer.
As detailed in Fact Finding 45, for the years 2001 through 2006, Eathorne submitted
134 generic receipt stubs claiming expenses totaling $7,148.62. As detailed in Fact
Finding 46, many of these receipt stubs submitted by Eathorne, in his handwriting, were
identical in format, numbered sequentially, and generated from a series of the same books.
The pattern of using receipts identical in design and print and part of a sequence was a
common occurrence for Eathorne when traveling at ratepayer expense and was done
solely to inflate expenses in order to receive private pecuniary gain. Although our
discussion will note some of the instances when sequential receipts were used by
Eathorne, we shall not note them all. They are noted in detail in the Fact Findings.
None of the generic receipt stubs submitted by Eathorne could be documented as
expenses actually incurred for any conference - related purpose. Per the Fact Findings,
deemed admitted, Eathorne typically did not go out for dinner when traveling to such
Eathorne, # 06 -053
Page 92
conferences unless the meal was paid for by a third party. Eathorne did go to vendor
hospitality suites where he was treated to drinks and food items, and Eathorne's wife
would accompany him. Eathorne would go to these functions in lieu of purchasing dinner.
With respect to the approximately (30) thirty events attended by Eathorne when he
received an advance, he returned funds to the WWMA on only one occasion.
We shall now review the facts pertaining to the various events in question.
ALOM Events
Between 2003 and 2006, Eathorne attended Spring and Fall conferences held
annually by the ALOM at Seven Springs Resorts ( "Seven Springs ") in Champion,
Pennsylvania. Eathorne's wife accompanied him to these conferences.
For the 2003 ALOM Spring conference, the WWMA issued check number 29968 in
the amount of $500.00 to Eathorne as an advance of expenses. Following the conference,
Eathorne claimed and received an additional payment of $307.07 from the WWMA for
conference expenses. The expenses claimed by Eathorne included his wife's expenses
for a conference lodging and meal plan. Eathorne realized a private pecuniary gain when
he utilized WWMA funds to pay for his wife's participation in the conference lodging and
meal plan at a cost of $164.00.
For the 2003 ALOM Fall conference, the WWMA issued check number 30806 in the
amount of $800.00 to Eathorne as an advance of expenses. Eathorne signed the check as
one of the authorized signatories. The check was deposited to Eathorne's National City
Bank account on September 24, 2003. The expenses claimed by Eathorne and paid for by
the WWMA included Eathorne's spouse's costs in the amount of $164 for the lodging and
meal plan at the conference and an additional meal in the amount of $15.75. Additionally,
Eathorne failed to return to the WWMA excess expense advancement funds in the amount
of $91.05. Eathorne realized a private pecuniary gain when he claimed and received the
aforesaid expenses for his spouse and an extra meal and when he failed to return excess
expense funds to the WWMA.
For the 2004 ALOM Spring Conference, the lodging and meal plan costs for
Eathorne and his wife were included in a payment made directly by the WWMA to Seven
Springs using WWMA check number 31615. Eathorne and the WWMA assistant
secretary /treasurer co- authorized the check. The cost of Eathorne's wife's participation in
the lodging and meal plan, paid by the WWMA through Eathorne's action, was $172.00.
The conference was held from April 1, 2004, to April 4, 2004. Eathorne did not attend the
conference on either April 1, 2004, or April 2, 2004. Eathorne checked into the hotel on
April 3, 2004, and checked out on April 4, 2004. As calculated in Fact Findings 79 -80,
Eathorne realized a private pecuniary gain in the amount of $538.00 when the WWMA
incurred costs for his non - attendance at the ALOM function for two of the conference days.
For the 2004 ALOM Fall Conference, the WWMA issued check number 32488 in
the amount of $800.00 to Eathorne as an advance of expenses. Eathorne signed the
check as one of the authorized signatories. The check was deposited to Eathorne's
personal bank account on September 21, 2004. The conference expenses claimed by
Eathorne and paid for by the WWMA included: (1) Eathorne's spouse's costs in the
amount of $172.00 for the lodging and meal plan at the conference; (2) additional meals in
the amounts of $40.00 for breakfast on September 23, 2004, $51.83 for dinner on
September 23, 2004, and dinner in the amount of $60.00 on September 26, 2004; and (3)
$5.00 in excess tips beyond the amount authorized by WWMA policies.
Eathorne claimed breakfast expenses for September 23, 2004, even though the
conference site, Seven Springs, was less than one hour of travel time away from his home
Eathorne, # 06 -053
Page 93
and the conference did not begin until 7:30 p.m. on September 23, 2004. Eathorne
claimed a dinner expense on September 23, 2004, even though dinner that evening was
included as part of the conference lodging and meal plan. Eathorne claimed a dinner
expense on September 26, 2004 - -the day the conference ended - -even though no
conference events were scheduled on September 26, 2004, and Turnpike receipts
submitted by Eathorne confirm that he exited the Turnpike and was less than fifteen
minutes away from his residence by shortly after noon on September 26, 2004. Eathorne
submitted generic receipts for two of the aforesaid claimed additional meal expenses and
no receipt for the third claimed meal expense.
The aforesaid amounts paid by the WWMA for Eathorne's spouse's expenses,
claimed additional meals, and unauthorized tip expenses constituted a private pecuniary
gain to Eathorne.
For the 2005 ALOM Spring Conference, the WWMA issued check number 33437 in
the amount of $800.00 to Eathorne as an advance of expenses. Eathorne signed the
check as an authorized signatory. The check was deposited to Eathorne's personal bank
account. Per the Fact Findings, deemed admitted, Eathorne used his public position to
obtain a private pecuniary benefit in the amount of $357.47 when he claimed and received
the following conference expenses paid for by the WWMA: (1) Eathorne's spouse's costs
in the amount of $174.00 for the lodging and meal plan at the conference; (2) additional
meals totaling $155.47 (detailed in Fact Finding 102 as $13.47, $20.00, and $65.00 for
breakfast, lunch, and dinner on April 7, 2005, and $22.00 and $35.00 for lunch and dinner
on April 10, 2005); and (3) $25.00 in excess tips beyond the amount authorized by WWMA
policies.
With regard to the claimed additional meal expenses, as noted above, travel time
from Eathorne's home to the conference site, Seven Springs, was approximately one hour.
Eathorne's home was less than one -half hour from the Irwin exit of the Pennsylvania
Turnpike. The conference did not begin until 8:00 p.m. on April 7, 2005, and dinner that
evening was included in the conference lodging and meal plan selected by Eathorne for
himself and his wife. Nevertheless, Eathorne claimed breakfast, lunch, and dinner
expenses for April 7, 2005, in the total amount of $98.47. Additionally, Eathorne claimed
both lunch and dinner expenses totaling $57.00 on April 10, 2005, even though the
conference concluded prior to 9:00 a.m. that date, and toll records confirm that Eathorne
exited the Pennsylvania Turnpike at Irwin at 11:05 a.m. on April 10, 2005.
Eathorne submitted generic receipts containing his handwriting as proof of his
expenditures for the aforesaid additional meal expenses totaling $155.47.
For the 2005 ALOM Fall Conference, the WWMA issued check number 34318 in
the amount of $800.00 to Eathorne as an advance of expenses. Eathorne deposited the
check in his personal bank account. Following the conference, Eathorne claimed and
received an additional payment of $116.15 from the WWMA for conference expenses.
This amount was paid to Eathorne by WWMA check number 33569.
Eathorne realized a private pecuniary benefit in the amount of $389.50 when he
claimed and received the following conference expenses paid for by the WWMA: (1)
Eathorne's spouse's costs in the amount of $174.00 for the lodging and meal plan at the
conference; (2) additional meal charges totaling $190.00 for a third person in Eathorne's
party; and (3) a lounge charge in the amount of $25.50 for drinks not related to Eathorne's
attendance at the conference.
For the 2006 ALOM Spring Conference, the WWMA issued check number 35239 in
the amount of $1,000.00 to Eathorne as an advance of expenses. Eathorne and the
WWMA assistant secretary /treasurer signed the check as the authorized signatories.
Eathorne deposited the check in his personal bank account.
ALOM CONFERENCE
PRIVATE PECUNIARY
BENEFIT
FACT FINDINGS
Spring 2003
$164.00
64 -65
Fall 2003
$270.75
73
Spring 2004
$538.00
80, 80 a, 80 b
Fall 2004
$328.83
92 (amount as adjusted)
Spring 2005
$357.47
109
F a l l 2005
$389.50
123
Spring 2006
$407.29
139
F a l l 2006
$217.00
146
TOTAL
$2,672.84
Eathorne, # 06 -053
Page 94
Eathorne received a private pecuniary benefit in the amount of $407.29 when he
claimed and received the following conference expenses paid for using WWMAfunds: (1)
Eathorne's spouse's costs in the amount of $174.00 for the lodging and meal plan at the
conference; (2) claimed additional meals totaling $167.00 (detailed in Fact Findings 132
and 135 as $15.00 and $26.00 for breakfast and lunch on April 6, 2006, and $126.00 for
dinner on April 9, 2006); (3) a lounge charge of $9.25; (4) $25.00 in excess tips beyond the
amount authorized by WWMA policies; and (5) $32.04 in excess mileage.
With regard to the claimed additional meal expenses, Eathorne claimed breakfast
and lunch expenses totaling $41.00 for April 6, 2006, even though the conference did not
begin until 8:00 p.m. that date, and Eathorne lived approximately one hour from the
conference site. Eathorne claimed a $126.00 dinner expense for April 9, 2006, despite
returning home from the conference site that day at approximately 1:00 p.m.
Eathorne submitted generic receipts containing his handwriting as justification for
the aforesaid additional meal expenses totaling $167.00. None of the receipts identified a
restaurant or place of purchase.
For the 2006 ALOM Fall Conference, the WWMA issued check number 35550 in
the amount of $800.00 to Eathorne as an advance of expenses. Eathorne deposited the
check in his personal bank account. Following the conference, Eathorne did not submit an
expense report. Eathorne received a private pecuniary benefit in the amount of $217.00
when he received WWMA funds for conference expenses in excess of Eathorne's
documented expenses in the amount of $583.00.
Fact Finding 148 of the Investigative Complaint, which is deemed admitted by
Respondent, provides that Eathorne realized a private pecuniary gain in the total amount
of $2,676.84 as a result of his use of office to approve expenses for his wife and excess
expenses for himself for ALOM events. Our calculation of Eathorne's private pecuniary
benefit as to ALOM events is $2,672.84:
Respondent will receive the benefit of the lower amount. Bartholomew v. State
Ethics Commission, 795 A.2d 1073 (Pa. Cmwlth. 2002).
PMAA Events
Eathorne, as a WWMA member, has regularly attended various events hosted by
the PMAA. Eathorne's wife has accompanied him at all such events. Eathorne approved
all payments issued to him for travel - related expenses, including those of his spouse.
WWMA travel policies do not permit payment of spousal expenses.
The 2003 PMAA Annual Conference was held in Hershey, Pennsylvania from noon
on Sunday, August 24, 2003, through breakfast on Wednesday, August 27, 2003. The
Eathorne, # 06 -053
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conference location was at the Hershey Lodge and Convention Center. The conference
included, inter alia, a banquet at a cost of $45.00 per person and a spouse /guest program.
Eathorne's wife registered for the Monday spouse /guest program and the banquet. Costs
for Eathorne's wife's participation in the Monday spouse /guest program and the banquet
were paid directly by the WWMA.
Eathorne, as a WWMA Board Member, requested and received an advance of
expenses to attend the 2003 PMAA Conference. Authority check #301616 in the amount
of $1,500.00 was issued to Eathorne on August 19, 2003. The check was deposited to
Eathorne's account at National City Bank on August 19, 2003.
Following the conference, Eathorne submitted an expense report to the WWMA
claiming total expenses of $1,506.10 as detailed in Fact Finding 163. Eathorne included
with the expense report three actual receipts and six generic receipt stubs in support of his
expense claims. The generic receipt stubs were all made out in Eathorne's handwriting.
None of the generic receipt stubs submitted by Eathorne identified a restaurant.
Per Fact Finding 173, deemed admitted, Eathorne used the authority of his public
position for private pecuniary gain in the amount of $635.83 when WWMA funds were
used to pay for: (1) his wife's participation in the spousal program at a cost of $45.00; (2)
his wife's attendance at the conference banquet at a cost of $45.00; (3) a breakfast in the
amount of $13.11 for his wife; (4) Other meals for his wife in the total amount of $352.72;
and (5) a claimed dinner expense (per a generic receipt) in the amount of $180.00 for
August 27, 2003, after Eathorne had returned home from the conference.
The 2004 PMAA Annual Conference was held at the Westin Hotel in Pittsburgh,
Pennsylvania, from noon on Sunday, August 22, 2004, through breakfast on Wednesday,
August 25, 2004. The conference included a banquet at a cost of $46.00 per person.
Eathorne and his wife were both registered to attend the banquet. Charges for Eathorne's
and his wife's participation in the banquet were paid directly by the WWMA.
Eathorne requested and received an advance of expenses for the 2004 PMAA
conference. WWMA check #32342 in the amount of $1,200.00 was issued to Eathorne on
August 19, 2004. The check was deposited to Eathorne's account at National City Bank
on August 20, 2004.
Following the conference, Eathorne submitted an expense report to the WWMA
claiming total expenses of $1,319.55 as detailed in Fact Finding 180. With the expense
report, Eathorne submitted generic receipt stubs and a sham Holiday Inn receipt.
The generic receipt stubs are detailed at Fact Finding 181 b. They were all made
out in Eathorne's handwriting. None of the generic receipts submitted by Eathorne
identified a restaurant.
Eathorne claimed a breakfast of $15.83 on Sunday, August 22, 2004, even though
conference registration did not begin until 12:00 noon and Eathorne resided approximately
one hour from the conference site. Eathorne claimed a $150.00 dinner expense for August
22, 2004, using a generic receipt. Per the Fact Findings, the claimed expense was not
related to the conference. Fact Finding 192. Eathorne claimed a breakfast expense of
$48.00 on Monday, August 23, 2004, when breakfast had been provided as part of the
$195.00 registration fee paid for Eathorne by the WWMA. Eathorne claimed a dinner
expense of $150.00 on August 23, 2004, using a sham generic receipt. On August 23,
2004, Eathorne's and his wife's dinners were paid for by the WWMA engineer. This was
also the same night for which Eathorne and his wife were registered to attend the banquet
at WWMA expense.
Eathorne submitted a sham Holiday Inn receipt claiming total expenses in the
Eathorne, # 06 -053
Page 96
amount of $826.12. Eathorne actually stayed at the Westin Hotel while in Pittsburgh and
incurred lodging expenses less than the $826.12 he claimed. Eathorne's National City
Bank account confirms a debit at the Westin Hotel on August 24, 2004, in the amount of
$703.50.
Per Fact Finding 192, which is deemed admitted, Eathorne received a private
pecuniary gain in the amount of $532.45 when he claimed and was reimbursed by the
WWMA for the following claimed expenses not related to conference expenses: (1) a
breakfast expense in the amount of $15.83 for August 22, 2004; (2) a dinner expense in
the amount of $150.00 for August 22, 2004; (3) a breakfast expense in the amount of
$48.00 for August 23, 2004; (4) A dinner expense in the amount of $150.00 for August 23,
2004; (5) the banquet charge for his wife in the amount of $46.00; and (6) excess hotel
expenses in the amount of $122.62.
The 2005 PMAA Conference was held at the Hershey Lodge and Convention
Center from noon on Sunday, September 11, 2005, through breakfast on Wednesday
morning, September 14, 2005. Check -in time on September 11, 2005, was after4:00 p.m.
and check -out on September 14, 2005, was before 11:00 a.m.
Eathorne's wife was registered to attend the banquet at a cost of $49.00. Eathorne
and his wife were both registered to attend the Monday spouse /guest program at a cost of
$40.00 per person. Registration fees for Eathorne and his wife were paid by directly by the
WWMA.
Eathorne and Board Member Zentner registered for the golf outing on September
11, 2005, at Parkview Golf Course at a cost of $70.00 each. Authority check #33996 dated
September 21, 2005, was issued in the amount of $140.00 to pay for the golf outing.
Eathorne received an advance of expenses in the amount of $1,200.00 for the 2005
PMAA conference. WWMA check #34205 was issued to Eathorne. Eathorne co-
authorized the payment. Check #34205 was deposited to Eathorne's checking account at
National City Bank.
Following the conference, Eathorne submitted an expense report to the WWMA.
With the expense report, Eathorne submitted generic receipt stubs as detailed in Fact
Finding 208. No restaurant receipts were submitted by Eathorne for any meal expenses
claimed. All of the generic receipt stubs were in Eathorne's handwriting. None of them
identified a restaurant.
Per Fact Finding 216, which is deemed admitted, Eathorne received a private
pecuniary gain in excess of $700 when WWMA funds were used to pay for the following
expenses: (1) guest tours for Eathorne and his wife totaling $80.00; (2) the banquet
charge for Eathorne's wife in the amount of $49.00; (3) Eathorne's golf fee of $70.00; (4) a
gift shop charge of $5.25; (5) breakfast expenses for September 11, September 12, and
September 14, 2005, in the total amount of $93.00; (6) a breakfast charge for September
13, 2005, in the amount of $31.00; (7) two breakfast charges at $19.00 each, for a total of
$38.00; (8) a lunch expense for September 13, 2005, in the amount of $69.00, when lunch
had been provided as part of the PMAA program; (9) meal expenses in the amount of
$110.15 for September 11, 2005, a portion of which expenses were for Eathorne's spouse;
and (10) lunch and dinner expenses for Eathorne and his wife in the amount of $165.00 for
September 14, 2005, after the conference had ended. Eathorne returned to his home
shortly after 3:30 p.m. on September 14, 2005, yet claimed dinner for himself and his wife.
With regard to the breakfast expenses, it is noted that Eathorne claimed breakfasts
and lunches for himself and his wife totaling $64.00 on September 11, 2005. Eathorne
claimed this amount even though conference registration did not begin until 12:00 noon
and hotel check -in was 4:00 p.m. or later. Eathorne's breakfast expenses for September
Eathorne, # 06 -053
Page 97
12, 2005, September 13, 2005, and September 14, 2005, were provided as part of the
registration or were previously paid by the WWMA.
When PMAA notified WWMA that an additional $57.00 was owed as a result of
Eathorne, his wife, and one other unidentified person participating in the family breakfast
on the last day of the conference (September 14, 2005), the WWMA issued check #34314,
dated September 27, 2005, in the amount of $57.00 to PMAA in payment of the invoice.
Eathorne co- signed the check along with the assistant secretary/treasurer. No other Board
Member approved the expenditure.
The 2006 PMAA Conference and Trade Show was held at the Hershey Lodge and
Convention Center from September 10, 2006, to September 13, 2006. Eathorne was
registered to stay at the Hershey Lodge and Convention Center. Check -in time was after
4:00 p.m. on September 10, 2006. Check -out time was before 11:00 a.m. on September
13, 2006.
The WWMA directly paid registration fees, room deposits, and banquet charges for
Eathorne and his wife. The banquet charges for the Eathornes totaled $98.00. Eathorne
received an $800.00 advance of expenses by a WWMA check dated September 7, 2006.
The check was deposited to Eathorne's account at National City Bank on September 5,
2006.
Eathorne did not submit a travel expense report to the WWMA detailing expenses
related to the $800.00 advance.
Eathorne's only documented expense for this trip to Hershey was the balance owed
for the room expense, which was in the amount of $359.70. Per Fact Finding 226, which is
deemed admitted, Eathorne received a total private pecuniary gain of $489.30 as a result
of not refunding the difference between the advance of $800.00 and the actual expenses
of $359.70, as well as the WWMA's payment of the $49.00 banquet charge for Eathorne's
spouse.
Eathorne regularly received expense monies from the WWMA for attendance at
PMAA Region 9 dinners, including dinners held on April 14, 2004, and November 5, 2005.
Eathorne's wife accompanied him to these dinners. Dinners for Eathorne's wife were paid
using WWMA funds. Eathorne approved the payments and signed checks authorizing
payments. Eathorne realized a private pecuniary gain of $75.00 by using WWMAfunds to
pay for PMAA Region 9 dinner expenses incurred by his spouse.
PMAA has sponsored Legislative Days in Harrisburg, Pennsylvania, annually
between 2001 and 2004. Eathorne received advances and claimed expenses for
attendance at Legislative Day events in 2003 and 2004.
For the May 13, 2003, Legislative Day, the WWMA issued check number 30119 in
the amount of $700.00 to Eathorne as an advance of expenses. Eathorne co- authorized
the check. On May 6, 2003, the check was deposited to Eathorne's account at National
City Bank.
The 2003 PMAA Legislative Day was a one -day event held at the Harrisburg Hilton.
The event began the morning of May 13, 2003, with registration and a continental
breakfast at 8:00 a.m., and concluded later that same day with a legislative reception
ending at 6:30 p.m. A Harrisburg Hilton guest invoice confirms that Eathorne and another
adult checked into the hotel on May 12, 2003, at 5:21 p.m. and departed on May 14, 2003.
Eathorne submitted an expense report for the 2003 PMAA Legislative Day, claiming
meal expenses in the amount of $196.00 as detailed in Fact Findings 238 and 239.
Eathorne submitted generic receipts containing his handwriting as justification for the
Eathorne, # 06 -053
Page 98
aforesaid additional meal expenses totaling $196.00. None of the receipts identified a
restaurant.
Based upon Fact Finding 242, which is deemed admitted, Eathorne received a
private pecuniary gain in the amount of $171.00 when he claimed and received the
following expenses paid with WWMA funds: (1) unspecified spousal expenses in the
amount of $50.00; (2) the entire amount of a claimed lunch expense in the amount of
$35.00 for May 12, 2003; (3) the entire amount of a claimed breakfast expense in the
amount of $21.00 for May 13, 2003; and (4) the entire amount of a claimed dinner expense
in the amount of $65.00 for May 14, 2003.
With regard to the claimed additional meal expenses, Eathorne claimed lunch
expenses in the amount of $35.00 for May 12, 2003, even though the 2003 PMAA
Legislative Day function did not begin until 8:00 a.m. the following day. Eathorne claimed
a breakfast expense in the amount of $21.00 for May 13, 2003, even though breakfast that
day was paid as part of the registration for the event. Eathorne claimed a dinner expense
in the amount of $65.00 for May 14, 2003, despite having returned from the event and
exited the Pennsylvania Turnpike at approximately 3:22 p.m., at which time he was only
2.25 miles from his home.
Eathorne attended the 2004 PMAA Legislative Day held in Harrisburg on May 11,
2004. Registration cost was $25.00 per person. On April 27, 2004, the WWMA issued
check number 31770 in the amount of $75.00 to the PMAA to cover registration fees for
Eathorne and two other individuals from the WWMA.
The 2004 PMAA Legislative Day was a one -day event, which began the morning of
May 11, 2004, with registration and a continental breakfast at 8:00 a.m., and concluded
later that same day with a legislative reception ending at 7:00 p.m. Eathorne's wife
accompanied him on the trip. Lodging was obtained at the Crowne Plaza Hotel. Eathorne
checked in on May 10, 2004, and checked -out on May 12, 2004.
Eathorne received a $700.00 advance from the WWMA on May 6, 2004. WWMA
check number 31817 was issued to Eathorne. Eathorne co- authorized the issuance of the
check. The check was deposited into Eathorne's checking account at National City Bank
on May 6, 2004.
Eathorne submitted an expense report for the 2004 PMAA Legislative Day, as
detailed in Fact Finding 249. Eathorne submitted generic receipt stubs containing his
handwriting as justification for claimed meal expenses that were not charged to his hotel
room. None of the receipts identified a restaurant.
Per Fact Finding 254, which is deemed admitted, Eathorne received a private
pecuniary gain in the amount of $565.42 when he claimed and received the following
expenses paid with WWMA funds: (1) claimed breakfast expenses in the total amount of
$47.10 for May 10, 2004 ($22.10) and May 11, 2004 ($25.00); (2) other undocumented
meal expenses in the total amount of $280.54; (3) $55.00 in excess tips beyond the
amount authorized by WWMA policies; (4) movie charges totaling $28.61 ($14.84 plus
$13.77); (5) lounge charges totaling $51.50 ($33.75 plus $17.75); (6) excess expense
advance funds in the amount of $55.75; and (7) $46.92 for a mileage overcharge.
With regard to the claimed meal expenses, Eathorne claimed a breakfast expense
in the amount of $22.10 for May 10, 2004, even though the 2004 PMAA Legislative Day
function did not begin until 8:00 a.m. the following day. Eathorne claimed a breakfast
expense in the amount of $25.00 for May 11, 2004, even though breakfast that day was
provided and included within the registration fee that had been paid directly by the
WWMA. The remaining claimed meal expenses in the total amount of $280.54 were
undocumented, supported only by Eathorne's own generic receipt stubs.
PMAA EVENT
PRIVATE PECUNIARY
BENEFIT
FACT FINDINGS
2003 PMAA Annual
Conference
$635.83
173
2004 PMAA Annual
Conference
$532.45
192
2005 PMAA Annual
Conference
$710.40
216 (amount as adjusted)
2006 PMAA Annual
Conference
$489.30
226
PMAA Regional Dinners
$75.00
229
2003 Legislative Day
$171.00
242 (amount as adjusted)
2004 Legislative Day
$565.42
254
Administrative Issues
Seminar
$85.00
255
Over - Charged Mileage not
included above
$37.18
163, 206 (the over - charge
for the 2004 PMAA
Legislative Day is already
included in the calculation
for that event, see, Fact
Finding 254.)
TOTAL
$3,301.58
Eathorne, # 06 -053
Page 99
Eathorne was registered to attend a PMAA sponsored seminar scheduled to be held
at the Nittany Lion Inn in or about 2004. The costs associated with the event included
$70.00 for the seminar; $60 for a golf outing; and $25.00 for a fall indoor picnic. The
WWMA issued check no. 32483 directly to the PMAA, which payment included costs for
Eathorne totaling $155.00. The Investigative Complaint includes the total amount of $155
in the calculation of Eathorne's private pecuniary benefit as to this PMAA event. However,
we determine that the $70.00 payment for the seminar itself should not be included in the
calculation.
Per Fact Findings 256 a and b of the Investigative Complaint, deemed admitted,
Eathorne's use of the authority of his position to claim spousal expenses and
undocumented expenses as to PMAA events resulted in a private pecuniary gain of
$3,201.48 plus $84.10 for over - charged mileage for PMAA events. Thus, per the
Investigative Complaint, the total private pecuniary benefit as to PMAA events is
$3,285.58. (See, Fact Findings 256 a -b, 400).
Our calculation of Eathorne's private pecuniary benefit as to PMAA events is
$3,301.58:
Respondent will receive the benefit of the lower amount, specifically, $3,285.58.
Bartholomew, supra.
WEFTEC Events
WEFTEC is the Water Environment Federation's Annual Technical Exhibition
Conference. For each conference, attendees are required to complete a registration form.
The form also includes registration fees for various options for attendees, as detailed in
Fact Finding 263 b. Options include, inter alia, the One -Day EXPO only option and the
"lifestyle program." The EXPO only option entitles the attendee to access to the exhibition
hall only. The lifestyle program is intended to provide sightseeing tours of points of
interest. Attendees must register for seminars they want to attend. Fees are charged for
Eathorne, # 06 -053
Page 100
attendance at seminars. Badges are provided which authorize entrance to specific
seminars. Access to seminars is denied without a badge.
Eathorne attended the 2001 WEFTEC Conference in Atlanta, Georgia, from
October 13, 2001, to October 17, 2001. Eathorne was accompanied by his spouse. With
the exception of airfare, all expenses for Eathorne's spouse were paid using WWMA
funds.
Eathorne registered for the One -Day EXPO only option for Monday or Tuesday at a
cost of $40.00. Eathorne's attendance at the 2001 WEFTEC Conference was limited to
registration to view the exhibit hall. Eathorne was not registered to attend any educational
sessions. Eathorne also registered his wife to attend the lifestyle program. The cost for
the lifestyle program was $100.00. The registration fees for the Eathornes were billed to a
WWMA American Express card in the name of Plant Manager Barry Riley ( "Riley ").
As set forth in Fact Findings 269 -270, Eathorne and his wife were also registered
for tours unrelated to any official conference functions. The reservations for these tours
were made by WWMA Assistant Secretary /Treasurer Barbara Balcerek at Eathorne's
direction. The tours cost a total of $206.00. The expenses for the tours were charged to
the WWMA American Express card assigned to Riley. The tours occurred during the
hours when conference concurrent sessions were being held.
Authority check number 26974, dated July 19, 2001, in the amount of $1,828.01
was issued to American Express in payment of the credit cards assigned to Riley and
Balcerek. The check was co- signed by Eathorne and Balcerek. The payment made to
American Express included the cost of the Eathornes' tours and the registration for the
conference.
Eathorne received WWMA check #273282 dated October 9, 2001, in the amount of
$2,000.00 as an advance of expenses for attendance at the 2001 WEFTEC event.
Eathorne co- signed the check authorizing the payment. Eathorne deposited the check on
October 19, 2001, to his National City Bank account.
Eathorne did not submit an expense report to the WWMA detailing expenses
incurred while attending the 2001 WEFTEC event.
A hotel invoice from the Sheraton Colony Square Hotel, 188 14 Street, N.E.,
Atlanta, Georgia, confirmed that Eathorne checked in on October 13, 2001, at 12:21 p.m.
and checked out on October 18, 2001, at 10:36 a.m.
Eathorne's airline reservations confirm travel dates with an October 13, 2001,
departure from Pittsburgh and an October 17, 2001, return date. Eathorne amended his
travel to stay an extra day at WWMA expense and did not return until October 18, 2001.
Eathorne extended his stay, in part, due to traveling to a casino in Biloxi, Mississippi, with
Plant Manager Riley. Eathorne incurred an extra expense including hotel and meals and
parking for a vehicle rented while in Atlanta.
As detailed in Fact Finding 281 a, Eathorne provided generic receipt stubs to
document meal expenses for the time period from October 13, 2001, to October 18, 2001.
All of the stubs contained dates and amounts in Eathorne's handwriting. Receipt stubs
used by Eathorne were part of a sequence and identical in format as receipts Eathorne
used for other conferences.
The WWMA paid a total of $2,612.00 for Eathorne's attendance at the 2001
WEFTEC Conference, which was limited to Eathorne's tour of the exhibit hall on, at most,
one day. The aforesaid amount of $2,612.00 included, inter alia, payments by the WWMA
for sight- seeing tours by the Eathornes. Per Fact Finding 293, deemed admitted, Eathorne
Eathorne, # 06 -053
Page 101
received a private pecuniary gain of $2,612.00 when the WWMA incurred expenses for his
travel to Atlanta for a conference he did not attend.
The 2002 WEFTEC conference was held in Chicago, Illinois, from Saturday,
September 28, 2002, to Thursday, October 3, 2002. Conference registration occurred on
September 28, 2002, and September 29, 2002. Conference events occurred from
September 30, 2002, to October 3, 2002. The Expo hall was open on September 29,
2002, from 1:00 p.m. to 5:00 p.m.
Eathorne registered for the One -Day EXPO only option at a cost of $50.00.
Eathorne did not register to attend any conference - related training or seminars.
Eathorne's sole conference - related activity for the entire six days of the conference was a
tour of the exhibitor hall. Eathorne also registered his wife to attend the lifestyle program.
The cost for the lifestyle program was $100.00. The registration fees for the Eathornes
were billed to a WWMA American Express card in the name of Plant Manager Riley.
As set forth in Fact Finding 297, Eathorne also registered for tours for himself and
his wife to attend, which were unrelated to any official conference functions. The tours
cost a total of $126.00. The expenses for the tours were charged to the WWMA American
Express card assigned to Riley. The tours occurred during hours when conference events
were being held.
Eathorne received an advance of expenses in the amount of $2,500.00 by WWMA
check number 29131 issued on September 24, 2002. Eathorne signed the check in his
capacity as WWMA treasurer. The check was deposited to Eathorne's National City Bank
account on September 24, 2002. Eathorne authorized the advance to himself five days
after he was instrumental in approving the increase in advance payments from $2,000.00
to $2,500.00.
Eathorne submitted an expense report claiming additional expenses in the amount
of $572.94, as detailed in Fact Finding 299. WWMA check number 29282 dated October
29, 2002, in the amount of $572.94 was issued to Eathorne. Eathorne signed the check as
WWMA treasurer. The check was deposited to Eathorne's National City Bank account.
Per Fact Finding 317, deemed admitted, Eathorne received a private pecuniary gain
when he claimed non - conference expenses, undocumented expenses, and room expenses
for September 30, 2002, and October 2, 2002, relative to the 2002 WEFTEC Conference.
Eathorne's claimed expenses that were clearly non - conference expenses are
enumerated in Fact Findings 310, 311, 312, and 313. They included the aforesaid tours
and lifestyle program, car rental expenses, parking fees, certain meal expenses, and the
purchase of a hat at ESPN Zone.
The particular meal expenses constituting non - conference expenses included a
claimed meal expense in the amount of $50.00, purportedly at Spadaro's Restaurant, on
September 28, 2002. Spadaro's Restaurant is a one -hour drive from the Pittsburgh airport.
It does not open for business until 4:00 p.m. Eathorne checked into the Chicago Marriott
at 12:16 p.m. (CST) on September 28, 2002, and therefore we find that he did not dine at
Spadaro's Restaurant on that date as he claimed.
Non - conference expenses also included meal expenses for Eathorne's spouse and
a claimed meal expense of $73.00 for the evening of October 3, 2002, after Eathorne
returned from Chicago.
Eathorne submitted a receipt to the WWMA claiming a meal expense at ESPN
Zone, which was actually for the purchase of a hat. The hat cost $21.75. Eathorne
claimed a total expense of $31.00, asserting that he paid an $8.25 tip. The purchase was
Eathorne, # 06 -053
Page 102
made during the time frame when conference seminars were being held.
Eathorne's undocumented expenses consisted of additional claimed meal expenses
for which Eathorne submitted generic receipt stubs as set forth in Fact Finding 304. The
receipt stubs submitted by Eathorne as justification for expenses are parts of sequences
and identical in format and style as other receipts submitted by Eathorne for other
conferences.
Eathorne received a private pecuniary gain in excess of $2,000.00 when he claimed
non - conference expenses in the amount of $941.15, undocumented expenses in the
amount of $611.73, and room expenses for September 30, 2002, and October 2, 2002, in
the amount of $526.12, relative to the 2002 WEFTEC Conference.
The 2003 WEFTEC Conference was held in Los Angeles, California, from October
11, 2003, until October 16, 2003. Eathorne and his spouse traveled to the conference site
at WWMA ratepayer expense. All expenses incurred with the exception of spousal airfare
were paid using WWMA funds.
Eathorne received a $2,500.00 advance to attend the conference. WWMA check
number 30889 was issued to Eathorne on October 9, 2003. Eathorne signed the check in
his position as WWMA treasurer. The check was deposited to Eathorne's National City
Bank account on October 9, 2003.
Eathorne submitted an expense report to the WWMA claiming expenses totaling
$3,009.86 and seeking an additional $509.86 payment from the WWMA. Eathorne
received WWMA check number 31167 in the amount of $418.81 on December 16, 2003,
for additional expenses related to the California trip. Eathorne claimed $509.87 but $91.05
was deducted as a result of an overpayment to Eathorne by the WWMA for a prior
conference.
Eathorne was not registered to attend any conference seminar or official events. No
record exists of Eathorne attending any conference - related event.
Eathorne and his wife stayed at the Ritz Carlton Hotel, Huntingdon /Passadena,
California, arriving on October 11, 2003, and checking out on October 17, 2003. Eathorne
rented a vehicle, which was used for travel to and from the airport and for sightseeing.
Eathorne claimed cab fare in the amount of $35.00 for travel between the Westin Hotel
and the Ritz Carlton, even though the conference provided free bus /shuttle service
between hotels every twenty minutes on a daily basis.
As he did with every other WEFTEC conference he attended, Eathorne submitted
"generic receipt stubs" to validate claimed meal expenses. Receipt stubs submitted by
Eathorne to justify the advance and to seek additional reimbursement were parts of
sequences and identical in format and style as other receipts submitted by Eathorne for
other events.
Upon returning to the Pittsburgh area on October 17, 2003, Eathorne claimed a
$29.00 meal expense at the Robinson Township Olive Garden.
Per Fact Finding 331, deemed admitted, Eathorne received a private pecuniary gain
of at least $3,009.86 when he claimed expenses paid by WWMA relative to the 2003
WEFTEC Conference but did not attend any conference - related events.
The 2004 WEFTEC Conference was held at the Ernest N. Morial Convention Center
in New Orleans, Louisiana, from October 2, 2004, through October 6, 2004. The
registration fees paid by the WWMA on behalf of Eathorne included the One -Day EXPO
only option at a cost of $50.00 and the spouse lifestyle program at a cost of $100.00.
Eathorne, # 06 -053
Page 103
These expenses were charged to a WWMA American Express card issued to Riley.
Eathorne received an advance of expenses in the amount of $2,500.00 by WWMA
check number 32518 on September 28, 2004. Eathorne signed the check as WWMA
treasurer. The check was deposited to Eathorne's checking account at National City Bank
on September 28, 2004.
Eathorne and his wife were scheduled to travel by plane, departing from Pittsburgh
and arriving in New Orleans on October 2, 2004, and departing from New Orleans and
returning to Pittsburgh on October 6, 2004. Eathorne's airfare was charged to a WWMA
American Express credit card issued to Riley.
Eathorne and his wife were registered to stay at the Fairmont Hotel, 123 Baronne
Street, New Orleans, Louisiana. Eathorne checked in on October 2, 2004, and departed
on October 7, 2004.
Eathorne was only registered for the one -day Expo. The Expo date for Eathorne
was Monday October 4, 2004. Eathorne could have completed his conference attendance
after one day. No record exists of Eathorne attending any conference - related activities.
Records are not maintained for Expo hall attendance.
Eathorne realized a private pecuniary gain in excess of $1,300.00 when he claimed
the following expenses paid by the WWMA: (1) asserted meal expenses totaling $724.71,
documented by generic receipt stubs made out in Eathorne's handwriting, none of which
receipts identified a restaurant or meals purchased and one of which receipts claimed a
dinner expense in the amount of $55.00 for a meal that was actually purchased by WWMA
accountant, John Sarp; (2) undocumented tips that exceeded the amount authorized by
WWMA policies by $95.00; (3) payment in the amount of $100.00 for his spouse's
participation in the lifestyle program; (4) luggage /flight insurance in the amount of $57.78;
(5) cab expenses in the amount of $207.00, documented by receipts made out in
Eathorne's handwriting; (6) over - charged mileage to and from the airport in the amount of
$17.59; and (7) meals for Eathorne's spouse in the amount of $111.08.
The 2005 WEF Conference was held in Washington, DC, from October 29, 2005,
until November 1, 2005. Assistant Secretary /Treasurer Barbara Balcerek made
reservations for Eathorne and his wife to attend the event. The registration fees were
charged to the WWMA American Express credit card assigned to Barbara Balcerek.
WWMA check #33624, dated May 19, 2005, in the amount of $1,675.61, was issued to
American Express in payment of (in part) the registration fees. This included the spousal
lifestyle program of $100.00.
Attendees were provided with the opportunity to register for sightseeing tours
offered during the course of the convention. Fees associated with the tours were charged
to the Authority American Express credit card assigned to Balcerek. Balcerek completed
the sightseeing tour registration forms based on information provided by Eathorne. The
cost to the Authority for the sightseeing tours for Eathorne and his wife totaled $372.00.
Eathorne's sole conference - related activity was registration to tour the Expo Hall.
The bulk of Eathorne's time was spent taking tours of the Washington, DC, area, as
detailed in Fact Finding 366 b.
Eathorne received a $2,500.00 advance of expenses by WWMA check no 34485 on
September 27, 2005. Eathorne signed the check as WWMA treasurer. The check was
deposited to Eathorne's National City Bank account.
Eathorne and his wife were registered to stay at the Churchill Hotel, 1914
Connecticut Avenue, NW, Washington, DC. Eathorne is confirmed as checking in on
WEFTEC EVENT
PRIVATE PECUNIARY
BENEFIT
FACT FINDINGS
2001 WEFTEC
Conference, Atlanta, GA
$2,612.00
292 -293
2002 WEFTEC
Conference, Chicago, IL
$2,079.00
303 -304;
308;
310 -313;
317
2003 WEFTEC
Conference, Los Angeles,
CA
$3,009.86
322, 331
2004 WEFTEC
Conference, New Orleans,
LA
$1,313.16
341, 351
2005 WEFTEC Conference,
Washington, DC
$2,756.65
368
2006 WEFTEC Conference,
Dallas, TX
$2,299.60
377
Eathorne, # 06 -053
Page 104
October 29, 2005, at 3:08 p.m., and checking out on November 2, 2005, at 3:48 p.m.
Eathorne submitted an expense report to the WWMA claiming expenses in the total
amount of $2,283.65. Eathorne submitted generic receipt stubs to justify meal expenses
claimed on the WWMA expense report. Eathorne generally had dinners provided to him
and his wife by convention vendors in the form of either hospitality suites or dinners paid
by vendors. Eathorne claimed a breakfast expense of $36.50 on November 3, 2005, one
day after the conference ended.
Eathorne over - charged the WWMA for mileage by at least 270 miles, resulting in an
overpayment to him of $130.95.
WWMA paid fees and advances to or for Eathorne totaling $2,972.00, calculated as
follows: (1) spouse lifestyle program, $100.00; (2) tours, $372.00; and (3) advance of
$2,500.00. Eathorne issued personal check number 1364 in the amount of $215.35 to the
WWMA on December 13, 2005, as repayment of advance expenses for the 2005
WEFTEC Conference. Per Fact Finding 368, deemed admitted, Eathorne realized a
private pecuniary gain of $2,756.65 as a result of him not attending the 2005 WEFTEC
Conference and claiming expenses and /or having expenses paid on his behalf not related
to any conference activity.
Eathorne traveled to the 2006 WEFTEC Conference held in Dallas, Texas, from
October 21, 2006, through October 25, 2006. Eathorne's wife accompanied him on this
trip. Eathorne was registered for the Expo only full week option portion of the conference,
at a cost of $135.00, and a tour of a Wastewater Treatment Plant, at a cost of $40.00. No
record exists of Eathorne attending any conference - related functions other than the Expo.
Eathorne requested and received a $2,000.00 advance to travel to Dallas. WWMA
check number 35661 in the amount of $2,000.00 was issued to Eathorne on October 19,
2006. Eathorne signed the check as WWMA treasurer. The check was deposited to
Eathorne's National City Bank account on October 19, 2006. Eathorne did not submit a
travel expense report to the WWMA as to this conference.
Per Fact Finding 377, deemed admitted, Eathorne received a private pecuniary gain
of $2,299.60 as a result of advances and airfare paid on his behalf to travel to Texas. This
includes the advance and airfare charge of $299.60.
Per the Investigative Complaint, deemed admitted, Eathorne realized a private
pecuniary gain of $14,138.27 as to WEFTEC Conferences. (See, Fact Finding 378). Our
calculation of Eathorne's private pecuniary gain as to WEFTEC events is $14,070.27:
Eathorne, # 06 -053
Page 105
TOTAL
$14,070.27
Respondent will receive the benefit of the lower amount, specifically, $14,070.27.
Bartholomew, supra.
Pumper & Cleaner Environmental Expo
Eathorne attended a Pumper & Cleaner Environmental EXPO held in Nashville,
Tennessee, from February 15, 2006, through February 19, 2006. Eathorne's wife
accompanied him on this trip. Eathorne was the only WWMA Board Member to travel to
Nashville.
Eathorne received a $2,500.00 advance of expenses by WWMA check number
34945 dated February 7, 2006. Eathorne co- signed the check. The check was deposited
to Eathorne's account at National City Bank on February 8, 2006.
Eathorne was registered to stay at the Sheraton, Music City, Nashville. Eathorne
checked in at 5:55 p.m. on February 14, 2006, and checked out on February 19, 2006.
Eathorne submitted a travel expense report to the WWMA in justification of the
$2,500.00 advance and to seek additional reimbursement in the amount of $6.46.
Eathorne received WWMA check number 35091 in the amount of $6.46 on March 9, 2006.
Eathorne signed the check as WWMA treasurer.
Of the meal receipts submitted by Eathorne, two were from legitimate restaurants
and the remaining thirteen(13) stubs totaling $845.00 were in the form of the generic stubs
regularly utilized by Eathorne as justification for claimed expenses.
Eathorne claimed tips of $120.00 for his trip to Nashville. As noted above, the
WWMA maximum is $25.00. Eathorne submitted no justification for the tips.
Eathorne over - charged the WWMA for mileage by at least $66.75.
Per Fact Finding 390, deemed admitted, Eathorne realized a private pecuniary gain
in the amount of $1,043.80 when he used WWMA advance funds to pay for spousal
expenses, when he did not document actual meal expenses, and when he over - charged
the WWMA for mileage.
PWEA Event
Eathorne attended the 2006 annual Technical Conference (PENNTEC) of the
Pennsylvania Water Environment Association (PWEA). The conference was held in State
College, Pennsylvania, from Sunday, July 16, 2006, until Wednesday morning, July 19,
2006. The conference was held at the Penn Stater Conference Hotel.
On June 27, 2006, WWMA check number 35103 in the amount of $490.00 was
issued to the PWEA for the conference registration for Eathorne and Kevin Fisher.
Eathorne's costs as a non - member were $260.00. Eathorne co- signed the check.
Eathorne received an $800.00 advance of expenses by WWMA check number
35157 dated July 11, 2006. Eathorne co- signed the check. The check was deposited to
Eathorne's National City Bank account.
Eathorne checked into the Penn Stater on July 16, 2006. The hotel invoice
confirmed room expenses and a restaurant expense in the total amount of $380.62.
Eathorne claimed no other expenses in relation to the 2006 PENNTEC Conference.
Eathorne, # 06 -053
Page 106
Eathorne did not submit a travel expense report to the WWMA following the trip.
Per Fact Finding 399, deemed admitted, Eathorne realized a private pecuniary gain
of $419.38 as a result of using his position to approve an advance of expenses of $800.00
where his incurred expenses were only $380.62.
Based upon the above, we find that the total private pecuniary benefit(s) received
by Eathorne relative to travel during the time period under review was in the amount of
$21,491.87:
ALOM Events $ 2,672.84
PMAA $ 3,285.58
WEFTEC $14,070.27
PWEA $ 419.38
Pumper Expo $ 1,043.80
$21,491.87
Having highlighted the facts and issues, we must now determine whether the
actions of Eathorne violated Section 1103(a) of the Ethics Act.
Based upon our analysis below, the Fact Findings as deemed admitted by
Respondent necessitate the conclusion that Respondent has violated Section 1103(a) of
the Ethics Act as alleged. Through his actions as a WWMA Member /treasurer,
Respondent has received, over a course of years, private pecuniary benefit(s) in the total
amount of $21,491.87 with respect to payments by the WWMA of excess expenses
claimed by Respondent, expenses for Respondent's spouse, expenses for conferences
and convention - related events Respondent did not attend, and expenses and items of a
personal nature for Respondent and his spouse.
We begin our analysis by determining that Respondent's claimed expenses that
were supported only by Respondent's generic receipt stubs were unauthorized and
illegitimate.
Per the Fact Findings, deemed admitted, Respondent Eathorne was one of a group
of Board Members who asserted that since they were not compensated as Board
Members, they were entitled to claim, as expenses, all advance monies received.
Eathorne used "generic" receipt stubs to justify retaining entire advance expense
payments. These stubs never identified a restaurant or location where expenses were
allegedly incurred. They were often numbered sequentially, matching in style, format, and
manufacturer. The pattern of using receipts identical in design and print and part of a
sequence was a common occurrence for Eathorne when traveling at ratepayer expense
and was done solely to inflate expenses in order to receive private pecuniary gain.
Eathorne typically did not go out for dinner when traveling to conferences unless the meal
was paid for by a third party. Eathorne did go to vendor hospitality suites where he was
treated to drinks and food items, and Eathorne's wife would accompany him. Eathorne
would go to these functions in lieu of purchasing dinner.
WWMA travel policies in effect during the time period under review provided that an
attendee who received an advancement of expenses was required to file an expense
report with proper receipts, and that the failure to do so would result in the advancement
being considered income for tax purposes. The WWMA's failure to enforce its policies as
to Respondent's generic receipts does not change the fact that such receipts were not
proper. We determine that Respondent's "generic" receipt stubs were not proper receipts,
such that the amounts Respondent claimed and received through the use of generic
receipt stubs constituted unauthorized payments to Respondent.
In addressing the specific allegations, we shall first consider the allegation that
Eathorne, # 06 -053
Page 107
Respondent violated Section 1103(a) of the Ethics Act when he authorized advances of
expenses for his attendance at conferences and conventions and then claimed expenses
in excess of actual expenses incurred. Each element of a violation of Section 1103(a) has
been established.
Respondent used the authority of his public position as WWMA Member /treasurer
when he authorized advances of expenses for travel between 2001 and 2006. But for
being a WWMA Member, Respondent would not have been in a position to receive or
benefit from such advances of expenses for travel. Some of the expense advancements
were paid directly by the WWMA to a conference - related payee or other provider, while
other advances were paid directly to Respondent. Respondent used the authority of his
public position as WWMA Member /treasurer when he co- signed all WWMA checks issued
for registration fees and when he co- signed other advances of expenses for his travel
between 2001 and 2006. Respondent also used the authority of his public position when
he claimed expenses through the submission of expense reports and accepted WWMA
payments for expenses.
Respondent received a private pecuniary benefit when he claimed expenses in
excess of actual expenses incurred, thereby receiving /retaining WWMA funds to which he
was not lawfully entitled.
In some instances, Respondent's receipt /retention of expense monies was
particularly blatant. For example, with respect to the 2003 ALOM Fall conference,
Respondent directly received an expense advance in the amount of $800, submitted an
expense report in the amount of $708.95, and simply retained the balance of $91.05. For
the 2006 ALOM Fall Conference, Respondent directly received an expense advance in the
amount of $800, failed to submit any expense report, and retained $217.00 of WWMA
funds in excess of actual documented expenses. Likewise, for the 2006 PMAA
Conference and Trade Show, Respondent directly received an $800 advance, failed to
submit an expense report, and retained the advance monies where the documented
expenses were only $359.70. For the 2006 PWEA PENNTEC Conference, Respondent
directly received an expense advance in the amount of $800, failed to submit any expense
report, and retained $419.38 of WWMA funds in excess of actual documented expenses.
The Fact Findings are replete with instances in which Respondent received /retained
advance monies by claiming expenses in excess of actual expenses incurred. The
following are just some of the examples:
• For the 2004 ALOM Fall Conference, excess meal expenses ($151.83) and
excess tips ($5.00);
• For the 2005 ALOM Spring Conference, excess meal expenses ($155.47) and
excess tips ($25.00);
• For the 2005 ALOM Fall Conference, excess meal expenses ($190.00) and
lounge charges ($25.50);
• For the 2006 ALOM Spring Conference, lounge charges ($9.25), excess meal
expenses ($167.00), excess tips ($25.00), and excess mileage ($32.04);
• For the 2003 PMAA Annual Conference, an excess meal expense ($180.00);
• For the 2004 PMAA Annual Conference, excess meal expenses ($363.83) and
excess hotel expenses ($122.62);
• For the 2005 PMAA Annual Conference, excess meal expenses (exceeding
$396.00), golf outing ($70.00), Christmas Tree Hill /Luncheon Guest Tour
($40.00 for Eathorne), and gift shop expense ($5.25);
• For the 2003 PMAA Legislative Day, excess meal expenses ($121.00);
• For the 2004 PMAA Legislative Day, excess meal expenses ($327.64), excess
tips ($55.00), movie charges ($28.61), lounge charges ($51.50), and excess
mileage ($46.92);
• For the 2004 WEFTEC Conference, excess meal expenses ($724.71), excess
Eathorne, # 06 -053
Page 108
tips ($95.00), cab expenses ($207.00), and excess mileage ($17.59); and
• For the 2006 Pumper & Cleaner Expo, undocumented expenses ($845.00) and
excess mileage ($66.75).
The egregious nature of Respondent's conduct is perhaps best demonstrated by
those instances when Respondent submitted a bogus, generic receipt for a meal that had
been purchased by someone else (the WWMA accountant) (see, Fact Findings 187 -190);
a bogus Holiday Inn hotel receipt claiming expenses in excess of actual expenses incurred
for his stay at the Westin Hotel in Pittsburgh (see, Fact Findings 181 -182, 191); receipts
for claimed meal expenses after Respondent had returned home from various events (see,
Fact Findings 90, 107, 137 a, 168, 215, 215 a -b, 241 -242, 313, 328, 363); and when
Respondent claimed expenses for one particular meal that did not occur at all, given that
Respondent was in Chicago at the time and could not have been present at the restaurant
(Spadaro's Restaurant) that he claimed to have patronized in Pennsylvania (see, Fact
Finding 311).
We hold that Respondent violated Section 1103(a) of the Ethics Act when he
authorized advances of expenses from the WWMA for his attendance at conferences and
conventions and then claimed expenses in excess of actual expenses incurred. Cf., Matta,
Order 1439; Sullivan, Order 1245; Farley, Order 1096; Baxter, Order 985; Choura, Order
942.
We shall next consider the allegation that Respondent violated Section 1103(a) of
the Ethics Act when he used WWMA expense advancements for expenses incurred by his
spouse. Some of the expense advancements were paid directly by the WWMA to a
conference - related payee or other provider, while others were paid to Respondent.
Respondent used the authority of his public position as WWMA Member /treasurer when
he co- signed all WWMA checks issued for registration fees and when he co- signed other
advances of expenses for his travel between 2001 and 2006. Respondent also used the
authority of his public position when he claimed expenses through the submission of
expense reports and accepted WWMA payments for expenses.
The Fact Findings are replete with instances in which Respondent used expense
advancements for expenses incurred by his spouse. The following are just some of the
examples:
• For the 2003 ALOM Spring Conference, spousal lodging and meal plan
($164.00);
• For the 2003 ALOM Fall Conference, spousal lodging and meal plan ($164.00);
• For the 2004 ALOM Fall Conference, spousal lodging and meal plan ($172.00);
• For the 2005 ALOM Spring Conference, spousal lodging and meal plan
($174.00);
• For the 2005 ALOM Fall Conference, spousal lodging and meal plan ($174.00);
• For the 2006 ALOM Spring Conference, spousal lodging and meal plan
($174.00);
• For the 2006 ALOM Fall Conference, at least a portion of the spousal lodging
and meal plan (at least a portion of $174.00);
• For the 2003 PMAA Annual Conference, spousal program, banquet, and other
meal expenses ($455.83);
• For the 2004 PMAA Annual Conference, spousal banquet expenses ($46.00);
• For the 2005 PMAA Annual Conference, spousal banquet ($49.00) and meal
expenses (at least $102.30);
• For the 2006 PMAA Annual Conference, spousal banquet ($49.00);
• For the 2003 PMAA Legislative Day, spousal expenses ($50.00);
• For the 2002 WEFTEC Conference, spousal meal expenses ($131.00);
• For the 2004 WEFTEC Conference, spousal meal expenses ($111.08); and
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• For the 2006 Pumper & Cleaner Expo, spousal meal expenses ($42.50).
The use of WWMA funds for Respondent's spouse's expenses was unauthorized.
We hold that Respondent violated Section 1103(a) of the Ethics Act when he used WWMA
expense advancements for expenses incurred by his spouse. Cf., Tancredi, Order 1434;
Krisher, Order 1425; Stephens, Order 1133; Shepler, Order 1127.
The third allegation is that Respondent violated Section 1103(a) of the Ethics Act
when he authorized advance payments of expenses to himself for conferences and
convention - related events he did not attend.
Respondent used the authority of his public position as WWMA Member /treasurer
when he authorized advances of expenses that he received for travel between 2001 and
2006. See, Fact Findings 21 b 1, 34 b 1, 41. Respondent also used the authority of his
public position when he claimed expenses through the submission of expense reports and
accepted WWMA payments for expenses.
For some events, Respondent and his wife traveled at the expense of the WWMA
while engaging in personal pursuits, including sight- seeing. In some instances,
Respondent was not even registered for any conference - related events.
Per the Fact Findings, deemed admitted by Respondent, Respondent co- signed and
received advances of expenses for conferences and convention - related events he did not
attend, including the following:
• The 2001 WEFTEC Conference, for which Respondent directly received an
advance of expenses in the amount of $2,000.00 and a total private pecuniary
benefit in the amount of $2,612.00;
• The 2003 WEFTEC Conference, for which Respondent directly received an
advance of expenses in the amount of $2,500.00 and a total private pecuniary
benefit of at least $3,009.86;
• The 2005 WEFTEC Conference, for which Respondent directly received an
advance of expenses in the amount of $2,500.00 and a total private pecuniary
benefit in the amount of $2,756.65;
• The 2006 WEFTEC Conference, for which Respondent directly received an
advance of expenses in the amount of $2,000.00 and a total private pecuniary
benefit in the amount of $2,299.60.
Based upon the Fact Findings, deemed admitted by Respondent, we hold that
Respondent violated Section 1103(a) of the Ethics Act when he authorized advance
payments of expenses by the WWMA to himself for conferences and convention - related
events he did not attend. Cf., Matta, Order 1439.
The final allegation is that Respondent violated Section 1103(a) of the Ethics Act
when he authorized the use of a WWMA credit card for the payment of expenses and
items of a personal nature for himself and his spouse. This allegation has been
established for expenses /items including the following:
• For the 2001 WEFTEC Conference, tours for Respondent and his wife ($206.00)
and spousal lifestyle program ($100.00);
• For the 2002 WEFTEC Conference, tours for Respondent and his wife ($126.00)
and spousal lifestyle program ($100.00);
• For the 2004 WEFTEC Conference, spousal lifestyle program ($100.00); and
• For the 2005 WEFTEC Conference, tours for Respondent and his wife ($372.00)
and spousal lifestyle program ($100.00).
For each of the above events, Respondent used the authority of his public position
Eathorne, # 06 -053
Page 110
by either directly registering himself and his wife for the event(s) or by providing the
necessary information to the WWMA assistant secretary /treasurer to make the
reservations, at WWMA expense. But for his status and authority as WWMA
Member /treasurer, Respondent would not have been in a position to arrange for sight-
seeing tours or lifestyle programs at WWMA expense.
We hold that Respondent violated Section 1103(a) of the Ethics Act when he
authorized the use of a WWMA credit card for the payment of expenses and items of a
personal nature for himself and his spouse. Cf., Krisher, Order 1425; Gorr, Order 1423.
Based upon the above, we find that Respondent Eathorne received private
pecuniary benefit(s) in the total amount of $21,491.87 as a direct result of his violations of
Section 1103(a) of the Ethics Act referenced herein.
The parties were given an opportunity to file, concurrently, their respective Position
Statements.
Respondent filed a Position Statement contending: (1) that Respondent's Counsel
requested but was not provided by the Investigative Division with copies of documents as
required by 65 Pa.C.S. § 1108(e), making it impossible for Respondent to respond or
counter arguments relating to the documentary evidence; (2) that the Investigative
Complaint contains the Investigative Division's subjective judgments about whether the
events attended by Respondent were worthwhile; and (3) that the Investigative Complaint
"presumes to know" precise mileage as to Eathorne's travel and presumes to disqualify
Eathorne's generic receipt stubs.
We reject Respondent's arguments for the following reasons.
Respondent's first argument is a new argument, which was not raised in
Respondent's Application for Permission to File Answer to Investigative Complaint Nunc
Pro Tunc. The Investigative Division had no notice that such an argument would be raised
by Respondent, and therefore, had no opportunity to respond to it.
To the extent we would consider Respondent's new argument, we would reject it as
having no merit. Factually, Respondent's failure to file a timely Answer was not due to a
lack of access to documents in the possession of the Investigative Division. Respondent
has admitted that the failure to timely file an Answer was due to Respondent's Counsel's
miscalculation of the due date. Position Statement of Respondent, at 2. We have denied
Respondent's Application for Permission to File Answer to Investigative Complaint Nunc
Pro Tunc because Respondent's excuse for failing to meet the filing deadline is
inadequate under the well - established civil standard for permitting a late filing.
As for Section 1108(e) of the Ethics Act, 65 Pa.C.S. § 1108(e), that Section
(pertaining to findings reports, answers to findings reports, requests for hearing, hearing
locations, access to evidence, and the deadline for conducting a hearing) does not provide
a specific deadline by which access to evidence must be provided to a respondent. We
decline to interpret Section 1108(e) to require that access to evidence must be provided
prior to the filing of an Answer to the Investigative Complaint /findings report. In statutory
construction, "...the General Assembly does not intend a result that is absurd, impossible
of execution or unreasonable." 1 Pa.C.S. § 1922(1). It would be an absurd interpretation
of Section 1108(e) to require the Investigative Division to provide access to "evidence
intended to be used at ... the hearing" prior to the filing of an Answer, when the very filing
of the Answer, with admissions and denials of a factual nature, would likely impact
decisions of the Investigative Division as to what evidence it would intend to use at
hearing.
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Page 111
We interpret Section 1108(e) of the Ethics Act to require that a respondent be
provided access to evidence sufficiently in advance of a hearing to enable a respondent to
fully and fairly prepare for hearing. (We parenthetically note that in addition to our above
analysis, Respondent's first argument has no basis in standard pleading practice;
attorneys must routinely file pleadings prior to having access to discovery /evidence, and
the obvious and standard pleading technique that is used when a defendant or respondent
lacks sufficient facts to respond to an averment is to so state, such that the averment is
deemed denied.)
We reject Respondent's second argument in that, even if the Investigative Division
included subjective judgments in the averred Fact Findings, such Fact Findings are
deemed admitted by Respondent. We reject Respondent's argument as to mileage
overcharges for the same reason.
We reject Respondent's argument as to the generic receipt stubs because the Fact
Findings are deemed admitted by Respondent and because we have found Respondent's
generic receipt stubs to be improper for reasons set forth above.
The Investigative Division has filed a Position Statement contending that
Respondent's conduct was egregious and in clear violation of Section 1103(a) of the
Ethics Act, and that Respondent should be found in violation of Section 1103(a) of the
Ethics Act and ordered to pay both restitution and a treble penalty. The Investigative
Division further contends that this matter should be referred to all appropriate law
enforcement authorities with a specific recommendation that criminal charges be initiated.
We have determined that Respondent violated Section 1103(a) of the Ethics Act as
alleged. As for the imposition of a financial penalty in this case, Section 1109(c) of the
Ethics Act, 65 Pa.C.S. § 1109(c), provides that any person who obtains financial gain from
violating the Ethics Act, in addition to any other penalty provided by law, shall pay a sum of
money equal to three times the amount of the financial gain (hereinafter referred to as a
"treble penalty ") into the State Treasury or the treasury of the political subdivision. In the
instant matter, Respondent obtained a financial gain in the total amount of $21,491.87 as a
direct result of his violations of Section 1103(a) of the Ethics Act referenced herein. We
shall order Respondent to pay a treble penalty in the amount of $64,475.61, with such
payment to be made payable to the Commonwealth of Pennsylvania and forwarded to this
Commission within 30 days of issuance of this Order for deposit in the State Treasury.
Additionally, given the egregious nature of the violations of Section 1103(a) of the
Ethics Act, this case will be referred to the Westmoreland County District Attorney, the
Pennsylvania Attorney General, and the U.S. Attorney for review and such action as they
may deem appropriate.
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Page 112
IV. CONCLUSIONS OF LAW:
1. As a Member of the Western Westmoreland Municipal Authority ( "WWMA ") from
July 18, 1996, until December 2006, Respondent Robert Eathorne ( "Eathorne ") was
a public official subject to the provisions of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq.
2. Eathorne violated Section 1103(a) of the Ethics Act when he authorized advances
of expenses from the WWMA for his attendance at conferences and conventions
and then claimed expenses in excess of actual expenses incurred.
3. Eathorne violated Section 1103(a) of the Ethics Act when he used WWMA expense
advancements for expenses incurred by his spouse.
4. Eathorne violated Section 1103(a) of the Ethics Act when he authorized advance
payments of expenses by the WWMA to himself for conferences and convention -
related events he did not attend.
5. Eathorne violated Section 1103(a) of the Ethics Act when he authorized the use of a
WWMA credit card for the payment of expenses and items of a personal nature for
himself and his spouse.
In Re: Robert Eathorne,
Respondent
ORDER NO. 1451
File Docket: 06 -053
Date Decided: 12/19/07
Date Mailed: 12/28/07
1 Respondent Robert Eathorne ( "Eathorne "), a public official in his capacity as a
Member of the Western Westmoreland Municipal Authority ( "WWMA ") from July 18,
1996, until December 2006, violated Section 1103(a) of the Public Official and
Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he authorized
advances of expenses from the WWMA for his attendance at conferences and
conventions and then claimed expenses in excess of actual expenses incurred.
2. Eathorne violated Section 1103(a) of the Ethics Act when he used WWMA expense
advancements for expenses incurred by his spouse.
3. Eathorne violated Section 1103(a) of the Ethics Act when he authorized advance
payments of expenses by the WWMA to himself for conferences and convention -
related events he did not attend.
4. Eathorne violated Section 1103(a) of the Ethics Act when he authorized the use of a
WWMA credit card for the payment of expenses and items of a personal nature for
himself and his spouse.
5. Eathorne is ordered to pay a treble penalty in the amount of $64,475.61, with such
payment to be made payable to the Commonwealth of Pennsylvania and forwarded
to this Commission within 30 days of issuance of this Order for deposit in the State
Treasury.
6. This case will be referred to the Westmoreland County District Attorney, the
Pennsylvania Attorney General, and the U.S. Attorney for review and such action as
they may deem appropriate.
BY THE COMMISSION,
Louis W. Fryman, Chair