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HomeMy WebLinkAbout1483 MartinIn Re: Blane Martin, Respondent File Docket: X -ref: Date Decided: Date Mailed: Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Paul M. Henry Raquel K. Bergen Nicholas A. Colafella 07 -052 Order No. 1483 7/21/08 8/5/08 This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) 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 allegations. 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 waived. A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. 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. Martin, 07 -052 Page 2 I. ALLEGATIONS: That Blane Martin, a public official /public employee in his capacity as a Supervisor of Clinton Township, Butler County, violated Section 1103(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §1103(a) when he used the authority of his public position for private pecuniary gain of himself and /or members of his immediate family by participating in discussions of the Board of Supervisors resulting in the hiring of his son; by participating in actions of the Board of Supervisors resulting in purchases being made from businesses owned by his wife and son; and by utilizing Township dumpsters to avoid paying trash fees. II. FINDINGS: 1. Blane Martin has served as a Supervisor for Clinton Township, Butler County, from April 4, 2006 *, to the present. a. Martin was initially appointed to complete an unexpired term of a previous Supervisor. b. Martin was elected to serve a two year term in 2007 with the term commencing in January 2008. c. Martin has been employed as a Township road worker since April 1999. 1. Martin continued to work for the Township once appointed as a Township Supervisor. *[Cf., Fact Finding 16a.] 2. Clinton Township is a 2 class township governed by a three - member Board of Supervisors. a. The Township Supervisors receive $156.25 gross per month compensation. 1. Regular Supervisor meetings are held once per month. 2. Special meetings are held if needed throughout the year. b. Supervisors do not have to be present at the meetings in order to receive the compensation. 3. Voting at Clinton Township meetings occurs via an aye or nay vote after a motion is made and seconded. a. Township minutes normally note that a motion was made, seconded, all in favor," and "motion carried." 1. Instances exist where the minutes document only that a motion and a second [were] made. aa. In those instances, the Secretary failed to note that upon voting, all three Supervisors were in favor of the motion that carried. b. Abstentions or dissenting votes are specifically documented in the minutes. 1. A roll call vote is normally taken if an abstention and /or dissenting Martin, 07 -052 Page 3 vote is cast. c. Minutes are approved for accuracy at each subsequent meeting. 4. Invoices are provided to the Supervisors at the regular monthly meetings for approval. a. Invoices to be paid are routinely reviewed at the Township meetings by the Supervisors. b. Bill lists were not provided to the Supervisors until the fall of 2007. aa. Currently, the bill lists are not voted on for approval. 5. Invoices provided to the Supervisors to approve are those received between monthly meetings. a. Township checks are usually written prior to the vote to approve the invoices for payment. b. Once approved, checks are presented to the Supervisors for signature. 1. Instances exist in which various checks are issued prior to a Township meeting so that late fees are not incurred. 6. Payroll is generated based upon employee time sheets submitted. a. Time sheets are completed for the employees by the Roadmaster. b. Payroll is generated on a bi- weekly basis. 7 The Assistant Secretary /Treasurer is responsible for the processing of payroll for Township employees. a. The Assistant Secretary /Treasurer transfers the information on the time sheets onto her computer to generate the employees' checks and payroll check registers. 8. The employee check registers include payroll information for all of the Township employees. a. The employee check registers are provided to the Supervisors to sign in order to approve the issuance of payroll. 1. Two check registers are provided to the Supervisors to sign at the monthly meetings due to payroll being generated bi- weekly. 2. Payroll checks are issued prior to the approval of the check register. 9. All three Supervisors, the Secretary /Treasurer, and the Assistant Secretary /Treasurer hold signature authority for Clinton Township accounts. a. Township checks require the signature of two Supervisors and either the Secretary /Treasurer or the Assistant Secretary /Treasurer. b. Facsimile stamps are not utilized. Martin, 07 -052 Page 4 10. The Township traditionally hires a part -time road employee during the summer months. a. The part -time road employee position is not advertised. 1. Candidates for the position are solicited via word -of- mouth. b. It is common knowledge within the community that the Township hires a part - time road employee in the summer. c. The Township has not hired a part -time employee in the summer since 2007 due to financial constraints. 11. Candidates are required to complete an application in order to apply for the position. a. Application forms are maintained at the Township building. 1. Applications for the position are usually submitted in or about March of each year. 12. In approximately late May, the Supervisors conduct interviews with those candidates who [have] submitted an application. a. Candidates are contacted by the office staff or Roadmaster in order to establish the day and time they will be interviewed at the Township building. 1. Each candidate receives only one interview by the Township Supervisors during the hiring process. b. During the interview, candidates are primarily questioned about their experience cutting grass and "flagging" vehicular traffic. 13. At the conclusion of the interview(s), the Supervisors discuss the qualifications of the candidates, and determine which of the candidates is most qualified for the position. a. If the Supervisors determine that the candidate is qualified, an official decision is made by the Supervisors to hire the candidate at the next Supervisors meeting. 1. The candidate is usually informed by a Supervisor that he or she has been selected for the position. 14. Tyler Martin is Blane Martin's son. a. Both reside at 155 Knoch Road, Saxonburg, PA 16056. 15. Between early March 2006 and late May 2006, three individuals applied for the part -time Township road employee position for the summer of 2006. a. Brett McElroy applied on or about March 15, 2006. b. Tyler Martin applied on or about March 28, 2006. c. Shawn Duster applied on or about May 5, 2006. Martin, 07 -052 Page 5 16. Tyler Martin was informed of the vacancy and advised to apply by his father, Blane Martin. a. Blane Martin was a Township road department employee in March 2006 and was appointed Township Supervisor on April 6, 2006.* *[Cf., Fact Finding 1. It is not material to our disposition of this matter which day in April 2006 Respondent commenced service as a Township Supervisor.] 17. All three individuals were interviewed at the Township building by Supervisors Blane Martin, James Halstead, and Donald Christy. a. Interviews occurred after Blane Martin was appointed Township Supervisor. b. Interviews with all three candidates occurred on the same day in approximately late May 2006. 1. Brett McElroy was interviewed at 3:00 p.m. 2. Tyler Martin was interviewed at 3:15 p.m. 3. Shawn Duster was interviewed at 3:30 p.m. 4. The specific date of the interviews could not be determined. 18. Supervisor Halstead contacted Tyler Martin to inform him of the day and time to report for the interview. a. Blane Martin was present during his son's interview, but did not ask any questions. b. Blane Martin did not leave the room or abstain from participating in said interview. 19. Within one month of being appointed Township Supervisor, Blane Martin participated in decisions of the Board to interview his son, was present during his son's interview, and recommended his son for employment by the Township. 20. Martin participated in the discussions at the conclusion of the interviews and recommended that his son, Tyler Martin, be hired as the part -time road employee. a. Blane Martin and Supervisor Halstead agreed that Martin's son should be hired as the part -time road employee. 1. Supervisor Christy did not believe that Tyler Martin was qualified for the position due to a lack of prior experience. 2. One other qualified applicant was more interested in a full -time position but informed the Supervisors he would work part -time hours. b. As a result of the discussions, Supervisors Martin and Halstead decided to offer Tyler Martin the position. 21. Blane Martin informed his son a few days after the interview that he was hired by the Township as the part -time road worker. a. At that time no formal vote of the Board of Supervisors had occurred Martin, 07 -052 Page 6 approving Tyler Martin for the position. 22. Tyler Martin began working for the Township on June 6, 2006, prior to any formal vote of the Board of Supervisors approving the hiring. a. Tyler Martin was hired at the rate of $8.00 an hour. 23. At the June 13, 2006, Board of Supervisors meeting, Tyler Martin's hiring as a part - time employee was approved by the Board. a. The vote was 2 to 0 with Blane Martin abstaining. b. Martin did not publicly state the reason for his abstention at the meeting. c. Martin did not file a memo of abstention with the Secretary /Treasurer indicating the reason for his abstention. d. The family relationship between Martin and Tyler Martin is common knowledge within the Township. 24. In 2006, Supervisor Halstead, as Township Roadmaster, was responsible for completing a single bi- weekly time sheet to memorialize hours worked by the road crew for payroll purposes. a. Time sheets are to include the following information: 1. Employee's name. 2. Date worked. 3. Number of hours worked. 4. Description of work completed. 25. The time sheets are signed by the Roadmaster to signify that he reviewed them and that the office staff can process the payroll payments. a. The bi- weekly time sheets do not require a Township Supervisor's signature to indicate approval. 26. Tyler Martin was identified on time sheets as working in the capacity as a part -time road employee as detailed below: a. Time sheet for work performed from 06 -01 -06 to 06- 14 -06. Date Worked Hours Worked Description of Work Approved By 06 -06 -06 8 None Unsigned 06 -07 -06 8 None Unsigned 06 -08 -06 8 None Unsigned 06 -12 -06 8 None Unsigned 06 -13 -06 8 None Unsigned 06 -14 -06 8 None Unsigned Total: 48 b. Time sheet for work performed from 06 -15 -06 to 06- 28 -06. Martin, 07 -052 Page 7 Date Worked Hours Worked Description of Work 06 -21 -06 8 None Total: 8 c. Time sheet for work performed from 06 -29 -06 to 07- 12 -06. Date Worked Hours Worked Description of Work g. 07 -10 -06 3 Total: 3 Date Worked 07 -18 -06 3 07 -20 -06 8 07 -24 -06 3 07 -25 -06 8 07 -26 -06 8 Total: 30 Date Worked Hours Worked 08 -14 -06 3 08 -22 -06 3 Total: 6 None d. Time sheet for work performed from 07 -13 -06 to 07- 26 -06. Hours Worked Description of Work None None None None None e. Time sheet for work performed from 08 -10 -06 to 08- 23 -06. None None Approved By Halstead Approved By Halstead Approved By Halstead Halstead Halstead Halstead Halstead Description of Work Approved By Halstead Halstead f. From June 6, 2006, until August 23, 2006, Tyler Martin worked ninety -five hours at the rate of $8.00 an hour. Tyler Martin received a total of $760.00 ($8.00 x 95 hours = $760.00) in his capacity as a part -time road employee. 27. Funds are transferred from the general account into the Township's payroll account in order to issue payroll checks. a. Blane Martin signed all five checks that transferred funds from the general account to the payroll account from which Tyler Martin received payroll checks. 28. Payroll is approved at the Township meetings when the Supervisors sign the employee check registers. a. Martin signed all of the employee check registers that corresponded to his son's compensation. 29. Tyler Martin deposited or cashed all payroll checks received from the Township. 30. Blane Martin used the authority of his public position to participate in hiring decisions, including recommending his son for a position with the Township, resulting in a private pecuniary gain of $760.00 to Tyler Martin. a. Martin participated in discussions and decisions to hire his son within one Martin, 07 -052 Page 8 month of being appointed Township Supervisor. 31. Vendors selected by the Township Board of Supervisors are not consistently discussed by or approved by the Board prior to being selected. a. The Board approves vendors selected after the fact by signing checks at the regular Township meetings to issue payments to the vendors. b. Although no formal vote approving the selection of contractors routinely occurs, Supervisors Martin and Halstead typically discuss the vendor to be selected to complete a project prior to any formal decision being made by the Board of Supervisors. 1. Supervisor Donald Christy did not participate in these types of discussions in 2006 and 2007. 32. Tyler Martin, Blane Martin's son, is 100% owner of MARTIN'S SIGNS AND GRAPHICS located at 155 Knoch Road, Saxonburg, PA 16056. a. MARTIN'S SIGNS AND GRAPHICS operates out of Blane Martin's residence. b. MARTIN'S SIGNS AND GRAPHICS is not incorporated in the Commonwealth of Pennsylvania. 33. MARTIN'S SIGNS AND GRAPHICS specializes in creating signs and graphics that can be applied to banners, vehicles, etc. a. Tyler Martin is the only employee of MARTIN'S SIGNS AND GRAPHICS. b. Blane Martin has never been employed by, or associated with, MARTIN'S SIGNS AND GRAPHICS. 34. Tyler Martin established MARTIN'S SIGNS AND GRAPHICS in approximately 2003, and has owned the business since that time. a. MARTIN'S SIGNS AND GRAPHICS did not become a full -time business for Tyler Martin until December 2006 when he graduated from college. 35. Clinton Township made purchases from MARTIN'S SIGNS AND GRAPHICS on three occasions between April and July 2006. a. Clinton Township initiated the first purchase with MARTIN'S SIGNS AND GRAPHICS immediately prior to Blane Martin becoming Supervisor, but during the time frame that he was a road employee. 36. In or about late March to early April 2006, Supervisor Halstead discussed the need for signs to be utilized by the road department. a. Halstead was also the Township Roadmaster. b. Blane Martin was employed as a Township roadworker at the time. 37. During discussions regarding the selection of a vendor to make the signs, Blane Martin recommended his son Tyler Martin's business. a. Martin informed Halstead that his son could get the project completed Martin, 07 -052 Page 9 quicker and at less cost. b. Martin advised Halstead that the vendor usually used by the Township took an extended period of time to complete assignments. 38. Based on this discussion, MARTIN'S SIGNS AND GRAPHICS was utilized to make a road sign. a. No quotes were solicited from other potential vendors. 39. Between April 2006 through July 2006, MARTIN'S SIGNS AND GRAPHICS was selected by Supervisors Blane Martin and Halstead to complete three separate sign related projects for the Township. a. The three projects completed by MARTIN'S SIGNS AND GRAPHICS were under $500.00. b. Quotes were not solicited to determine who could complete the projects at the lowest rate. 1. Martin informed Halstead that his son could do the projects at prices lower than any other local businesses. 2. Halstead did not contact local businesses to determine if MARTIN'S SIGNS AND GRAPHICS had the best rates to complete the Township projects. 40. Clinton Township utilized MARTIN'S SIGNS AND GRAPHICS to complete three separate Township projects as shown below: Project Invoice date Amount Signs indicating "Road To Be Closed" 04/06/06 $ 55.00 Signs indicating "Adopt -A- Road" 05/08/06 $475.00 Sign for Spring Valley Park 07/10/06 $485.35 Total: $1,015.35 a. All of the work orders were approved by Blane Martin. 1. Martin approved the first invoice on April 6, 2006, two days after being appointed Township Supervisor. b. No formal vote of the Board of Supervisors was taken to approve the awarding of contracts to MARTIN'S SIGNS AND GRAPHICS. c. MARTIN'S SIGNS AND GRAPHICS was selected after Blane Martin recommended his son['s company] be utilized. 1. Blane Martin authorized all of the purchases from his son's business. 41. Martin participated, as a member of the Board of Supervisors, in voting to approve monthly bills which included payments to MARTIN'S SIGNS AND GRAPHICS and signed checks issued to MARTIN'S SIGNS AND GRAPHICS as a Township signatory. Project Total Paid to MARTIN'S SIGNS AND GRAPHICS Total Material Expenses Profit Realized by MARTIN'S SIGNS AND GRAPHICS /Tyler Martin Road to be Closed $55.00 $22.95 $21.33 Adopt -A -Road $475.00 $376.86 $98.18 Spring Valley Park $485.35 $332.73 $152.62 Totals: $1,015.35 $732.54 $272.13* Twp. Check No. Date of Check Date Deposited Amount of Check Project Completed 12453 7/11/2006 7/13/2006 $485.35 Spring Valley Park 12292 4/11/2006 Cashed $55.00 Road Closed 12352 5/9/2006 Cashed $475.00 Adopt -A -Road Total: $1,015.35 Martin, 07 -052 Page 10 a. Martin voted affirmatively to approve all three MARTIN'S SIGNS AND GRAPHICS bills for payment. b. Martin, as an authorized Township signatory, signed two Township checks totaling $530.00 in order to pay MARTIN'S SIGNS AND GRAPHICS for services provided. 42. Martin did not publicly disclose his son's association with MARTIN'S SIGNS AND GRAPHICS prior to voting to approve monthly bills which included payment to MARTIN'S SIGNS AND GRAPHICS. a. Tyler Martin's association with MARTIN'S SIGNS AND GRAPHICS was common knowledge among the Township Supervisors. b. Tyler Martin's family relationship with Martin was common knowledge. 43. Tyler Martin maintains a personal checking account with NexTier Bank for MARTIN'S SIGNS AND GRAPHICS. 44. Of the three checks issued to MARTIN'S SIGNS AND GRAPHICS from Clinton Township, one was deposited into MARTIN'S SIGNS AND GRAPHICS' checking account at NexTier Bank and two were cashed as shown below: 45. MARTIN'S SIGNS AND GRAPHICS' project costs are based on material costs plus hourly labor costs. a. Profit realized by MARTIN'S SIGNS AND GRAPHICS is the material costs subtracted from the amount paid. 46. MARTIN'S SIGNS AND GRAPHICS realized a profit margin of $272.13 as a result of work performed for Clinton Township on three separate occasions as detailed below: *[sic]. [There may be minor discrepancies in the calculation, to the overall advantage of Respondent. Respondent receives the benefit of the stipulated total amount. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Cmwlth. 2002).] a. The profit for Tyler Martin was determined by subtracting the material expenses from the total paid to MARTIN'S SIGNS AND GRAPHICS. Martin, 07 -052 Page 11 47. Prior to Martin being appointed Township Supervisor, the Township made one minor purchase from MARTIN'S SIGNS AND GRAPHICS. a. The purchase [was] made in January 2006 and totaled approximately $22.00. 48. Martin's use of the authority of his public position to participate in decisions to award contracts to MARTIN'S SIGNS AND GRAPHICS and his subsequent actions in approving payments and signing checks issued to his son resulted in a private pecuniary gain of $272.13 to MARTIN'S SIGNS AND GRAPHICS, a business owned by Martin's son. 49. Donna Martin is Blane Martin's wife. a. Donna Martin is 100% owner of MARTIN'S FUNWEAR located at 155 Knoch Road, Saxonburg, PA 16056. 1. MARTIN'S FUNWEAR operates out of Blane and Donna Martin's residence. b. MARTIN'S FUNWEAR is not incorporated in the Commonwealth of Pennsylvania. 50. Donna Martin established MARTIN'S FUNWEAR in approximately 1988, and has owned the business since that time. a. MARTIN'S FUNWEAR specializes in ordering clothing for customers on which stock logos are imprinted. b. Donna Martin is the only employee of MARTIN'S FUNWEAR. c. Blane Martin has never been employed and /or associated with MARTIN'S FUNWEAR. 51. Clinton Township has made purchases from MARTIN'S FUNWEAR since at least June 2006. a. Clinton Township initiated purchases with MARTIN'S FUNWEAR after Blane Martin became a Supervisor for the Township. b. No purchase was even made by the Township from MARTIN'S FUNWEAR prior to Martin's service as a Supervisor. 52. From June 2006 through April 2007, MARTIN'S FUNWEAR was utilized by the Township to provide clothing - related items for the Township employees. a. The total cost of items provided on two separate occasions was under $500.00. b. Quotes were not solicited to determine the lowest cost to the Township. c. The decision to utilize MARTIN'S FUNWEAR was made by Supervisors Halstead and Blane Martin. 1. Halstead was informed by Martin that his wife's business could provide the items at prices lower than any other local businesses. Meeting Date Martin's Action Project Check Date Check # Check Amount Check Signatures 6/13/2006 seconded, voted Four T- Shirts 6/13/2006 12395 $25.00 Martin, Donald Christy, Margaret Nelson 4/10/07 voted Four Jackets 4/10/07 13007 $138.00 Donald Christy, James Halstead, Margaret Nelson Martin, 07 -052 Page 12 2. Halstead did not contact local businesses to determine if MARTIN'S FUNWEAR had the best rates to compete Township projects [sic]. 3. Both Halstead and Martin agreed to utilize MARTIN'S FUNWEAR. 4. Supervisor Christy was not consulted prior to the decision to utilize MARTIN'S FUNWEAR. 53. The first purchase from MARTIN'S FUNWEAR occurred in June 2006. a. Supervisor Halstead observed Blane Martin wearing fluorescent t- shirts with the Township logo and inquired of Martin where the shirt had been purchased. b. Martin advised that his wife's company made the shirts. c. Halstead placed an order for (4) shirts. d. The Township was then billed by MARTIN'S FUNWEAR for the items. 54. The second purchase occurred in or about April 2007 after Donna Martin initiated a contact at the Township with her husband, Blane Martin. a. Donna Martin was attending a trade show and observed jackets she could purchase at a "good price." 1. She telephoned her husband and asked if the Township was interested in purchasing jackets for road department employees. b. Blane Martin and Halstead agreed to make the purchase and Blane Martin gave his wife authorization to make the purchases for the Township. 55. Clinton Township purchased from MARTIN'S FUNWEAR clothing items on two separate occasions as shown below: Date Items 06/13/06 04/10/07 Four T- Shirts Four Jackets Amount $ 25.00 $138.00 Total: $163.00 56. Martin participated, as a member of the Board of Supervisors, in voting to approve monthly bills which included payment to MARTIN'S FUNWEAR, and signed checks as a Township signatory for the following checks issued to MARTIN'S FUNWEAR: a. Martin voted affirmatively to approve MARTIN'S FUNWEAR invoices for payment during Board of Supervisors meetings held on June 13, 2006, and April 10, 2007. Project Total Paid to MF Total Paid by MF Profit Realized by MF /Donna Martin Four T- Shirts $25.00 $20.00 $5.00 Four Jackets $138.00 $87.57 $50.43 4 -13 -07 $ 138.00 Total: $55.43 Township Check No. Date of Check, Deposit Date Amount Project Completed 12395 6/11/2006 6 -19 -06 $ 25.00 T- Shirts 13007 4/10/2007 4 -13 -07 $ 138.00 Jackets TOTAL: $163.00 Martin, 07 -052 Page 13 1. The votes were unanimous at both meetings. b. Martin, as an authorized Township signatory, signed one Township check totaling $25.00 in order to pay MARTIN'S FUNWEAR for services provided. 57. Martin did not publicly disclose his wife's association with MARTIN'S FUNWEAR at Board meetings prior to voting to approve monthly bills which included payment to MARTIN'S FUNWEAR. a. Donna Martin's association with MARTIN'S FUNWEAR was common knowledge amongst the Township Supervisors. b. Donna Martin's family relationship with Martin was common knowledge. 58. Both of the checks issued to MARTIN'S FUNWEAR from Clinton Township were deposited into MARTIN'S FUNWEAR's checking account at NexTier Bank as shown below: a. The checks deposited were endorsed by Donna Martin. 59. MARTIN'S FUNWEAR realized a profit margin of $55.43 as a result of work performed for Clinton Township on two separate occasions as detailed below: a. The profit for Donna Martin was determined by subtracting the amount MARTIN'S FUNWEAR paid for the items from what MARTIN'S FUNWEAR was paid by the Township for the same items. 60. Martin's use of the authority of his public position to award contracts to MARTIN'S FUNWEAR and his subsequent actions in approving payments and signing checks issued resulted in a private pecuniary gain to MARTIN'S FUNWEAR, a business owned by Martin's wife, of $55.43. 61. Martin stated the following during a sworn statement provided to Commission investigators on March 24, 2008: a. He participated in the discussions held at the conclusion of the interview process in regards to the hiring of his son. b. During the discussions, he agreed with the other two Supervisors to hire his son due to the fact that his son only wanted to work part -time, and that he was familiar with his son's work ethic. c. He stated that at the time ... the discussions concerning the hiring of his son were held, he was not aware that participating could be viewed as a conflict of interest. Martin, 07 -052 Page 14 d. He abstained from the vote to hire his son because he was informed by former Secretary /Treasurer Mary Zacherl that he should abstain because his action would benefit his son. e. Martin acknowledged informing Halstead that the Township should utilize his son's business and his wife's business in regards to providing services to the Township. f. He admitted advocating for the use of MARTIN'S SIGNS AND GRAPHICS and MARTIN'S FUNWEAR because these businesses could complete Township work at a lower price and faster than other local businesses. g. He did not purposely try to benefit his immediate family members. h. The utilization of businesses owned by his immediate family members by the Township has been stopped due to Martin becoming aware of the Ethics Act. 62. Upon diligent investigation, the Investigative Division was unable to obtain sufficient evidence establishing a violation of the Ethics Act (65 Pa.C.S. §1101 et seq.) in regards to Martin's use of Township dumpsters. 63. Martin, as a member of the Clinton Township Board of Supervisors, facilitated a financial gain for his immediate family members of $1,087.56 as a result of participating in the interview process to hire his son, participating in discussions resulting in the hiring of his son, approving check registers that listed payments to his son, advocating the use of businesses owned by his son and wife, voting to approve invoices for payment which included payment to businesses owned by his son and wife, and signing checks authorizing payments to be made to businesses owned by Martin's son and wife as shown below: Payment to Tyler Martin for serving as a part -time road employee: $ 760.00 Profit realized by MARTIN'S SIGNS AND GRAPHICS : $ 272.13 Profit realized by MARTIN'S FUNWEAR: $ 55.43 Total: $1,087.56 III. DISCUSSION: As a Supervisor for Clinton Township ( "Township "), Butler County ( "County ") from April 2006 to the present, Respondent Blane Martin (hereinafter also referred to as "Martin ") is 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 Martin, as a Township Supervisor, violated Section 1103(a) of the Ethics Act when he used the authority of his public position for the private pecuniary gain of himself and /or members of his immediate family by participating in discussions of the Board of Supervisors resulting in the hiring of his son; by participating in actions of the Board of Supervisors resulting in purchases being made from businesses owned by his wife and son; and by utilizing Township dumpsters to avoid paying trash fees. 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 Martin, 07 -052 Page 15 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. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are reproduced above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. The Township is a second class township governed by a three - member Board of Supervisors. All three Township Supervisors, the Secretary /Treasurer, and the Assistant Secretary /Treasurer hold signature authority over the Township accounts. Township checks require the signature of two Supervisors and either the Secretary /Treasurer or the Assistant Secretary /Treasurer. Martin has served as a Township Supervisor from April 2006 to the present. Within one month of being appointed to the position of Township Supervisor, Martin participated in discussions and decisions to hire his son, Tyler Martin. The Township traditionally hires a part -time road employee for the summer months. Although this position is not advertised, it is commonly known that the Township hires a part -time road employee in the summer. Three individuals, including Tyler Martin, applied for the part -time road employee position for the summer of 2006. The three applicants were interviewed by all three Supervisors -- Martin, James Halstead ( "Halstead "), and Donald Christy -- in approximately late May 2006. Martin was present during his son's interview and did not abstain from participating in the interview, but did not ask any questions. At the conclusion of the interviews, Martin participated in the discussions of the Supervisors and recommended that his son be hired as the part -time road employee. Martin and Halstead were in agreement that Martin's son should be hired as the part -time road employee, but Christy did not believe Martin's son was qualified for the position. As a result of the discussions, Martin, 07 -052 Page 16 Martin and Halstead decided to offer Tyler Martin the part -time road employee position. A few days after the interviews, but before the Board of Supervisors formally voted to approve Tyler Martin for the part -time road employee position, Martin informed his son that he was hired as the Township's part -time road employee. Tyler Martin began working for the Township on June 6, 2006, at the rate of $8.00 per hour. Subsequently, at the June 13, 2006, Board of Supervisors meeting, the Board approved Tyler Martin's hiring as the part -time road employee by a 2 to 0 vote with Martin abstaining. Martin did not publicly state the reason for his abstention at the meeting and did not file a memorandum with the Township Secretary /Treasurer indicating the reason for his abstention. The family relationship between Blane Martin and Tyler Martin is common knowledge within the Township. From June 6, 2006, until August 23, 2006, as a part -time road employee, Tyler Martin worked ninety -five hours at the rate of $8.00 per hour and received a total of $760.00. Fact Findings 26 f -g. In order for the Township to issue payroll checks, funds are transferred from the Township's general account into the Township's payroll account. Martin signed all five checks that transferred funds from the Township's general account to the Township's payroll account from which Tyler Martin received payroll checks. The Supervisors approve payroll when they sign the employee check registers. Martin signed all of the employee check registers that corresponded to his son's compensation. Tyler Martin deposited or cashed all payroll checks that he received from the Township. We shall now review the facts regarding the selection of Martin's son's and wife's businesses to complete Township projects. Vendors selected by the Board of Supervisors are not consistently discussed or approved by the Board prior to being selected. Martin and Halstead typically discuss vendors to be selected to complete Township projects prior to any formal decision by the Board of Supervisors. Vendors are "selected" when checks issuing payments to the vendors are signed at the regular Township meetings. Tyler Martin is the sole owner and employee of "Martin's Signs and Graphics," which specializes in creating signs and graphics that can be applied to banners, vehicles, and the like. The Township made purchases from Martin's Signs and Graphics on three occasions between April and July 2006. The first purchase was initiated prior to Martin becoming a Supervisor but while he was serving as a road employee. During a discussion regarding the selection of a vendor to make the signs, Martin recommended that the Township select Martin's Signs and Graphics, his son's business. Martin told Halstead, the Township Roadmaster, that his son could get the project completed faster and at less cost than the vendor usually used by the Township. Based upon this discussion, the Township used Martin's Signs and Graphics to make a sign for the road department. No quotes were solicited from other potential vendors. Between April 2006 and July 2006, Martin and Halstead selected Martin's Signs and Graphics to complete two additional separate sign - related projects for the Township. Halstead did not contact other local businesses to determine whether Martin's Signs and Graphics had the best rates. All of the work orders for Martin's Signs and Graphics were approved by Blane Martin as a Township Supervisor. As a Supervisor, Martin authorized all of the purchases Martin, 07 -052 Page 17 from his son's business, voted affirmatively to approve monthly bills which included payments to Martin's Signs and Graphics, and signed, as a Township signatory, two checks totaling $530 issued to Martin's Signs and Graphics for services provided. Martin did not publicly disclose his son's association with Martin's Signs and Graphics prior to voting to approve monthly bills that included payment to Martin's Signs and Graphics. Tyler Martin's association with Martin's Signs and Graphics and Blane Martin's and Tyler Martin's family relationship was common knowledge among the Township Supervisors. Martin's Signs and Graphics was paid a total of $1,015.35 to complete all three of the aforesaid projects for the Township. Martin's Signs and Graphics realized a profit of $272.13 from the aforesaid work performed for the Township. See, Fact Finding 46. Donna Martin, Blane Martin's wife, is the sole owner and employee of "Martin's Funwear," which specializes in ordering clothing for customers on which stock logos are imprinted. The Township first purchased items from Martin's Funwear in June 2006. Halstead observed Martin wearing fluorescent t- shirts with the Township logo and asked Martin where he had purchased the shirts. Martin advised Halstead that his wife's company made the shirts. Halstead placed an order for four shirts, and the Township was billed $25.00 by Martin's Funwear for the items. The Township next purchased items from Martin's Funwear in April 2007. While attending a trade show and observing jackets she could purchase at a good price, Donna Martin telephoned her husband and asked if the Township would be interested in purchasing jackets for road department employees. Martin and Halstead agreed to make the purchase and Martin gave his wife authorization to make the purchases for the Township. The Township purchased from Martin's Funwear four jackets totaling $138.00. Halstead and Martin agreed to utilize Martin's Funwear after Martin informed Halstead that his wife's business could provide the items at prices lower than any other local businesses. Halstead did not contact local businesses or solicit quotes to determine whether Martin's Funwear had the best rates. During meetings of the Board of Supervisors held on June 13, 2006, and April 10, 2007, Martin voted affirmatively to approve bills totaling $163.00 which included payments to Martin's Funwear. Martin did not publicly disclose his wife's association with Martin's Funwear prior to voting to approve such monthly bills. Donna Martin's association with Martin's Funwear and Blane Martin's and Donna Martin's family relationship was common knowledge among the Township Supervisors. Martin also signed, as a Township signatory, one check totaling $25.00 issued to Martin's Funwear. Martin's Funwear was paid a total of $163.00 to provide the t- shirts and jackets to the Township. Martin's Funwear realized a total profit of $55.43 as a result of the aforesaid items purchased by the Township from Martin's Funwear. See, Fact Findings 59 -60. In a sworn statement provided to Commission investigators on March 24, 2008, Martin acknowledged the following: (1) he participated in the discussions held at the conclusion of the interview process regarding the hiring of his son; (2) during the discussions, he agreed with the other two Supervisors to hire his son because his son only wanted to work part -time, and he was familiar with his son's work ethic; (3) at the time of the discussions concerning the hiring of his son, he was not aware that participating could be viewed as a conflict of interest; (4) he abstained from the vote to hire his son because he was informed by the Township's former Secretary /Treasurer that he should abstain because his action would benefit his son; (5) he informed Halstead that the Township Martin, 07 -052 Page 18 should utilize his son's and wife's businesses in regards to providing services to the Township; (6) he advocated for the use of Martin's Signs and Graphics and Martin's Funwear because they could complete Township work faster and at a lower price than other local businesses; (7) he did not purposely try to benefit his immediate family members; and (8) since Martin has become aware of the Ethics Act, the Township has stopped using businesses owned by Martin's immediate family members. The parties have stipulated that Martin facilitated a financial gain for his son and wife in the total amount of $1,087.56 as a result of: participating in the interview process and discussions resulting in the hiring of his son; approving check registers that listed payments to his son; advocating the use of businesses owned by his son and wife; voting to approve invoices for payment to businesses owned by his son and wife; and signing checks authorizing payments to businesses owned by his son and wife. See, Fact Finding 63. As for the final allegation pertaining to the alleged use of Township dumpsters to avoid paying trash fees, the parties have stipulated that there is insufficient evidence to establish a violation of the Ethics Act in that regard. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred in relation to Martin's participation in the hiring of his son; b. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred when Martin's actions on the Board of Supervisors resulted in purchases from businesses owned by Martin's wife and son; and c. That no violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred in relation to Martin's utilization of Township dumpsters, in that insufficient evidence existed to support a finding of a violation. 4. Martin agrees to make payment in the amount of $800.00 in settlement of this matter payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Martin, 07 -052 Page 19 Consent Agreement, at 1 -2. In considering the Consent Agreement, the first recommended violation of Section 1103(a) of the Ethics Act has been established. But for the fact that Martin was a Township Supervisor, he would not have been in a position to be present during his son's interview, participate in discussions with the other Township Supervisors, recommend his son for Township employment, and decide, together with Halstead, to hire his son as the Township's part -time road employee. All such actions were uses of authority of Martin's public position (see, Juliante, Order 809), which resulted in the hiring of Tyler Martin, and consequently, a private pecuniary benefit consisting of compensation from the Township to Tyler Martin in the amount of $760.00. (See, Fact Finding 30). Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Martin's participation in the hiring of his son to the Township position of part - time road employee. See, Klitsch, Order 1462; Bayle, Order 1454. As for the second recommended violation, but for the fact that Martin was a Township Supervisor, Martin would not have been in a position to approve work orders for work by his son's business, authorize purchases from his son's business, vote affirmatively to approve monthly bills which included payments to his son's business, sign as an authorized Township signatory two checks issued to his son's business, authorize his wife to make a purchase of jackets for the Township, vote affirmatively to approve bills which included payments to his wife's business, and /or sign as an authorized Township signatory a check issued to his wife's business. All such actions were uses of authority of Martin's public position (see, Juliante, supra), which resulted in private pecuniary benefits to Martin's Signs and Graphics in the amount of $272.13 (see, Fact Finding 48) and to Martin's Funwear in the amount of $55.43 (see, Fact Finding 60). Martin's Signs and Graphics is owned by Martin's son, who is Martin's immediate family member as that term is defined by the Ethics Act. Martin's Funwear is owned by Martin's wife, who is likewise Martin's immediate family member as that term is defined by the Ethics Act. We are mindful of the judicial decision in Bixler v. State Ethics Commission, 847 A.2d 785 (Pa. Cmwlth. 2004) (holding that a net profit in the amount of $561.77 resulting from business transactions between a township supervisor's employer and the township would fall within the "de minimis" exclusion to the definition of "conflict of interest "). If the parties had not determined to enter into a Consent Agreement, we would have been presented with factual and legal issues as to whether, under the circumstances of this case, Bixler would apply as to the profits received by Martin's Signs and Graphics and Martin's Funwear as a result of the aforesaid purchases by the Township. However, given: (1) that the parties have entered into a comprehensive Consent Agreement; and (2) the parties are in agreement that a violation of Section 1103(a) as to the actions by Martin with regard to the aforesaid purchases by the Township would be appropriate as part of an overall settlement of this case, we shall accept the parties' proposed disposition. We note that this determination in this case based upon the agreement of the parties should not be considered as precedent for other cases, which would be determined based upon their own facts and circumstances. Accordingly, per the Consent Agreement of the parties, we hold that a violation of Section 1103(a) of the Ethics Act occurred when Martin's actions as a Member of the Board of Supervisors resulted in purchases by the Township from businesses owned by Martin's wife and son. See, Gold, Order 1461; Gordnier, Order 1440. As for the final allegation, given that insufficient evidence exists to support a finding Martin, 07 -052 Page 20 of a violation, we accept the parties' recommendation and hold that no violation of Section 1103(a) of the Ethics Act occurred in relation to Martin's alleged use of Township dumpsters to avoid paying trash fees, based upon an insufficiency of evidence. As part of the Consent Agreement, Martin has agreed to make payment in the amount of $800.00 in settlement of this matter, payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Martin is directed to make payment in the amount of $800.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As a Supervisor for Clinton Township ( "Township "), in Butler County, Pennsylvania, from April 2006 to the present, Respondent Blane Martin ( "Martin ") has been 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. Martin violated Section 1103(a) of the Ethics Act when he participated in the hiring of his son to the Township position of part -time road employee. 3. Per the Consent Agreement of the parties, a violation of Section 1103(a) of the Ethics Act occurred when Martin's actions as a Member of the Board of Supervisors resulted in purchases by the Township from businesses owned by Martin's wife and son. 4. No violation of Section 1103(a) of the Ethics Act occurred in relation to Martin's alleged use of Township dumpsters to avoid paying trash fees, based upon an insufficiency of evidence. In Re: Blane Martin, Respondent ORDER NO. 1483 File Docket: 07 -052 Date Decided: 7/21/08 Date Mailed: 8/5/08 1 Blane Martin ( "Martin "), a public official in his capacity as a Supervisor for Clinton Township ( "Township "), violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he participated in the hiring of his son to the Township position of part -time road employee. 2. Per the Consent Agreement of the parties, a violation of Section 1103(a) of the Ethics Act occurred when Martin's actions as a Member of the Board of Supervisors resulted in purchases by the Township from businesses owned by Martin's wife and son. 3. No violation of Section 1103(a) of the Ethics Act occurred in relation to Martin's alleged use of Township dumpsters to avoid paying trash fees, based upon an insufficiency of evidence. 4. Per the Consent Agreement of the parties, Martin is directed to make payment in the amount of $800.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of this Order. 5. Compliance with Paragraph 4 of this Order will result in the closing of this case with no further action by this Commission. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair