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HomeMy WebLinkAbout1480 HahnIn Re: Glen Hahn, 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 06 -035 Order No. 1480 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 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 filed and a hearing was requested. 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. Hahn, 06 -035 Page 2 I. ALLEGATIONS: That Glen Hahn, a public official /public employee in his capacity as a supervisor of Lower Towamensing Township, Carbon County, violated Sections 1103(a), 1104(a), and 1105(b)(5) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. § §1103(a), 1104(a) and 1105(b)(5) when he used the authority of his office for a private pecuniary gain by claiming compensation as a Township roadmaster for duties related to his position as supervisor including but not limited to preparing for meetings, attendance at meetings, signing checks, meeting with Planning Commission members, developers, Township engineers and surveyors; when he subsequently approved his compensation for hours submitted related to administrative duties; when he failed to file a Statement of Financial Interests for the 2001 calendar year; and when he failed to disclose all direct /indirect sources of income on Statements of Financial Interests filed for the 2002, 2003, and 2004 calendar years. II. FINDINGS: 1. Glen Hahn has served as a Supervisor for Lower Towamensing Township, Carbon County, since January 2000. a. Hahn has served as Chairman of the Board of Supervisors from 2000 through 2003 and 2005 until the present time. b. Hahn has held the position of Township employee from 2001 through 2003 and 2005 until the present time. c. Hahn has been appointed Assistant Roadmaster in 2003, and from 2006 to the present. d. Hahn was appointed Assistant Township Secretary in 2006 and 2007. e. Hahn was not appointed to any employment position by the Board of Supervisors during the 2004 reorganization meeting. 2. Lower Towamensing Township is a second -class township governed by a three - member Board of Supervisors. a. Supervisors currently receive $156.25 pay per month as payment for services in their Supervisor capacity. 1. Regular and general meetings are held once per month. b. The Supervisors are not required to be present at the meetings to be compensated. 3. Hahn has been appointed either as a Township employee or Assistant Roadmaster annually since January 2000 except for the year 2004. a. Hahn was appointed as an employee to work on the roads from 2001 through 2003 and as an Assistant Roadmaster from January 2005 until the present time. b. Hahn was not appointed as an employee at the reorganization meeting in 2004. 1. Hahn was appointed to an employment position by the Board of Supervisors on September 14, 2004. Hahn, 06 -035 Page 3 4. Since 2004, Hahn, Bernard Mendez, and Larry Berger have served on the Lower Towamensing Township Board of Supervisors. a. Mendez has been appointed Roadmaster annually since January 2004. 1. Berger has never been appointed as an employee of the Township. 5. The Lower Towamensing Township Board of Supervisors from 2002 through 2003 included Hahn, Mendez, and Barry Stroup. a. Barry Stroup was appointed Roadmaster from 2002 through 2003. b. All elected Supervisors were appointed part -time employees to work on the roads from 2002 through 2003. 6. Reorganization meetings of the Lower Towamensing Township Supervisors confirmed the following regarding appointments of elected Supervisors to positions of employment with the Township. 2002: (1/7/02) 2004: (1/5/04) Motion Hahn to employ all elected supervisors as employees to perform work on the roads when necessary or needed. Compensation was recommended to the auditors to be set at $12.00 /hour. 2003: 1/7/03 Motion Stroup, Second by Hahn, to employ all supervisors as part - time employees to perform work on roads when necessary on a call - out basis at the discretion of the roadmaster. Recommend to auditors an hourly wage of $12.00. Motion Hahn, second Mendez to appoint Stroup as roadmaster. Motion by Berger, second by Mendez, to appoint Mendez roadmaster. Motion Berger to recommend to the auditors the following compensation and benefits for supervisors hired to work on township roads: $12.00 /hour - Roadmaster $11.00 /hour - Assistant Roadmaster $12.00 /hour - Assistant Secretary Berger asks Roadmaster Mendez if he wanted any past or present Supervisors to be hired to work on the roads. Mendez said, Not at this time." 1/27/04: Arthur Walk appointed as Assistant Roadmaster. 5/11/04: Motion Berger, second Mendez to authorize the secretary to advertise for a part -time secretary position at an hourly wage of up to $12.00 /hour. 9/14/04: Mr. Berger said he thinks it is time Mr. Hahn started working at the township. Mr. Hahn is willing to do so and Mr. Mendez said no. Mr. Berger said he believes Mr. Hahn has a lot of valuable talents. Mr. Mendez said Mr. Berger had been discussing cutting back the employees in the garage because there is not enough work for them. Hahn, 06 -035 Page 4 Now he is asking Mr. Mendez to put another man on. Mr. Mendez said they don't have any room for another employee. Mr. Berger said we hired people to work part time. Mr. Mendez has five men working five days a week. Is that part time? Mr. Mendez said that is because he feels he is caught up and then something else needs to be done. He said they are trying to get the work done. They have a contract with the State to cut grass and they only have one tractor. They did a lot of other work like cutting trees and brush and cleaning gutters. Mr. Berger said he asked Mr. Mendez for a work schedule but has not received one since April. He really has no idea as to what is going on. Mr. Bollinger asked how you can make a living on three days a week. Mr. Berger said he works at the township approximately five days a week, four hours a day and about three hours a day at home and he doesn't get paid. Mr. Berger said again Mr. Hahn should be working because he has a lot to offer. Mr. Berger motioned to employ Mr. Hahn and Mr. Hahn seconded the motion. Poll: Hahn /yes; Mendez /no; Berger /yes. Vote: 2 yes and 1 no. The majority rules and the motion passes. Mr. Berger told Mr. Hahn he can start tomorrow (Wednesday) in the office while the secretary is on vacation. 10/12/04: Berger reports he wants to add Hahn as a roadmaster. Berger stated he feels Hahn can do a better job than Mendez. Hahn declined to take the position. 2005: 1/3/05 Motion Hahn, second Mendez to appoint Mendez as roadmaster. Motion carried 2 to 1. Motion approved to recommend to the auditors that employed supervisors be paid $13.00 /hour. Motion approved to employ all (3) supervisors to work on the roads when necessary or needed on a call -out basis at the discretion of the roadmaster. 12/27/05: Berger questions wages paid to supervisors as township employees. Berger questions why are two supervisors being paid. 2006: 1/3/06 Motion by Mendez approved to appoint Hahn Assistant Township Secretary. Motion approved to appoint Mendez as Roadmaster and Hahn as Assistant Roadmaster. Motion approved to recommend to the auditors a salary of $13.00 /hour for employed supervisors. 1/2/07 Hahn appointed Assistant Secretary /Treasurer. Mendez appointed Roadmaster, Hahn Assistant Roadmaster. Motion approved recommending supervisor wages as employee at $13.50 /hour. Hahn, 06 -035 Page 5 7 Memos of the Lower Towamensing Board of Auditors document the rates approved for the Supervisors working as Roadmaster and Assistant Roadmaster from 2002 through 2007: a. Auditors Reorganization Date Hourly Rate Approved 01/03/2001 Supervisor /road crew: $11.75 Supervisor /Roadmaster $12.25 Supervisors /CDL driving $13.00 Supervisors /CDL snow plowing $15.00 01/08/2002 Supervisors /road crew: $12.00 Supervisor /Road Master $12.00 01/08/2003 Part -Time Township Employee $12.00 01/06/2004 Roadmaster $12.00 Assistant Roadmaster $11.00 01/04/2005 Roadmaster /Road Worker $13.00 01/04/2006 Roadmaster /Road Worker $13.00 01/29/2007 Roadmaster /Assistant Roadmaster $14.00 b. The Auditors set rates of pay for positions approved by the Board of Supervisors. 1. The rates of pay approved by the Auditors were the same as the rates requested by the Board of Supervisors. 8. Since 2005, Hahn, Mendez and Township employees Arthur Walk, Jr., Rick Rodgers and Dave Bollinger acted as the Township road crew to address various road /maintenance related issues in the Township. a. Hahn normally works Monday through Friday from approximately 7:00 a.m. until 3:00 p.m. 9. Township Roadmasters are responsible for maintaining the Township roads; including inspecting roads, plowing roads, maintaining the Township vehicles, and other duties as defined by the Second Class Township Code, 53 P.S. §65101 et seq. a. Lower Towamensing Township has no written job description for the Roadmaster position. 10. As Assistant Roadmaster, Hahn reports to the Township building each morning to address work to be performed by the road crew for that day. a. Hahn reviews and determines what work needs to be completed along with Mendez and the other Township road workers. b. Hahn and Mendez then make assignments. 1. Hahn does not generally perform physical labor. Hahn, 06 -035 Page 6 11. The Lower Towamensing Township Supervisors recommended at their reorganization meeting in 2004 that the Supervisors be hired to work as the Assistant Secretary. a. The Board of Supervisors wanted each Supervisor to be appointed Assistant Secretary. b. Members of the Board wanted to be compensated for performing administrative functions usually performed by the Township Secretary. c. Hahn was not appointed in 2004 as Assistant Secretary by the Board of Supervisors. 12. Based on the Board of Supervisors' request, the Lower Towamensing Township Auditors set the salary of the Supervisors hired as the Assistant Secretary at their reorganization meeting on January 6, 2004, at $12.00 /hr. 13. The Lower Towamensing Township Supervisors did not make any recommendations nor did they appoint anyone to be Assistant Secretary at their reorganization meeting in 2005. a. The Lower Towamensing Township Auditors did not set any salary for Supervisors employed as Assistant Secretary at their reorganization meeting on January 4, 2005, because the Board did not make appointments. 14. The Lower Towamensing Township Supervisors appointed Hahn Assistant Secretary at their reorganization meetings in 2006 and 2007. a. Hahn was appointed to assist Secretary /Treasurer Dorothy Achey. b. The Lower Towamensing Township Auditors set the salary of Hahn as the Assistant Secretary at their reorganization meetings in 2006 and 2007. Auditors Reorganization Date 01/04/06 01/29/07 Hourly Rate Approved $ 13.00 /hr $ 14.00 /hr 15. Lower Towamensing Township utilizes Pennsylvania Department of Transportation timesheets to document specific days and total hours worked by the working Supervisors and Township employees. a. Descriptions and codes are noted on the timesheets that represented the work that was completed by the working Supervisors and road crew. 1. Since 2002, the timesheets list Hahn working on road projects with Mendez and the road crew along with Hahn and Mendez performing secretarial /administrative work. aa. Secretarial /administrative duties were identified by a Township payroll code listed on the timesheets as 405. b. The timesheets are reviewed by Hahn listing the work completed and hours worked by each employee. 16. Lower Towamensing Township utilizes a time clock and time cards to document hours worked by employees. Hahn, 06 -035 Page 7 a. Each employee is responsible for punching in and out on a time clock listing the hours worked each day. b. Supervisors working as Roadmasters and Assistant Secretaries must utilize the time clock and time cards to document their hours worked. c. The time cards are used on a bi- weekly basis with the employee's name listed at the top of the card along with the date of the first day of the week for the pay period. 17. Time cards and timesheets of all other Township employees are utilized by the Secretary /Treasurer to process the payroll. a. This includes Hahn and Mendez when working as Township employees. 18. As the Chairman of the Board of Supervisors, Hahn was often viewed as the main contact for the Township. a. Since 2002, Hahn has assisted the Township Secretary answering the telephone, assisting residents paying their garbage bills and preparing grants. 1. Hahn has collected compensation for this assistance. 2. Hahn claimed road worker or Assistant Roadmaster hours when performing these duties. 19. In 2001, 2002 and 2005, Hahn claimed hours and received wages for duties that were related to his position of Township Supervisor or to the position of Assistant Secretary. a. In 2001, 2002 and 2005, Hahn was appointed by the Board of Supervisors to serve as an on -call employee to work on the roads as necessary. 20. Hahn was compensated in 2001, 2002 and 2005 for performing the duties of Assistant Secretary at a time when he was not appointed to the position and not approved to receive compensation for the position. a. Hahn's timesheets reflect the hours that he was paid for performing administrative duties as an Assistant Secretary by using the 405 code. 1. The timesheets did not disclose any specific duties performed. b. Hahn's timesheets reflect the hours that he was paid for performing administrative duties as an Assistant Secretary. 1. Hahn did not enumerate specific administrative duties performed on the timesheets but he inserted the code 405 signifying the duties were administrative and /or related to secretarial functions. 2. Although Hahn used code 405 in completing his time sheets, portions of his day were spent completing other tasks of non - administrative duties, for which Hahn should have been compensated. 3. Hahn approved timesheets which included his hours worked on administrative duties. Hahn, 06 -035 Page 8 c. Hahn signed payroll checks during times while he was punched in on the time clock as an employee of the Township. 21. In 2002 and 2005, Lower Towamensing Township Solicitor bills confirm telephone calls, meetings and discussions with Hahn on administrative matters for issues related to Hahn's position as a Township Supervisor. a. Hahn claimed these activities on timesheets which formed the basis of his compensation. 22. In 2001, 2002 and 2005, Hahn claimed 306.5 hours for compensation at the Roadmaster /road crew rate while performing administrative duties associated with being a Township Supervisor and Assistant Secretary. a. Hahn's timesheets reflect a payroll code of 405 which Hahn used to identify Assistant Secretary and /or administrative functions. b. Hahn was not appointed Assistant Secretary in 2002 or 2005. c. Compensation was not approved by the Auditors for /in either 2002 or 2005 for administrative and /or secretarial duties. d. Although Hahn was compensated for administrative duties per use of code 405 in completing his time sheets, portions of Hahn's day were spent completing other tasks of non - administrative duties, for which Hahn should have been compensated. 23. Hahn was compensated for performing administrative /Assistant Secretary duties in 2001, 2002 and 2005 as follows: 2001 8hours @ $11.75 /hour $94.00 2002 23hours @ $12.00 /hour $276.00 2005 275.5hours @ $13.00 /hour $3,581.50 Total $3,951.50 24. Payroll is issued to Lower Towamensing Township employees on a bi- weekly basis. a. Payroll is approved by virtue of the Supervisor's signature on the Township checks that is done at the end of the payroll period. 25. Signature Authority over Township checks lies with the Secretary /Treasurer and all three Supervisors. a. Township checks require the signatures of the Secretary /Treasurer and at least one of the Supervisors. b. Signatures on Township checks are live signatures. 1. The checks are signed at the Township office on a regular workday. 26. Hahn, in his capacity as a Township Supervisor, signed payroll checks issued to himself for hours claimed that were for administrative duties. a. Of the checks issued to Hahn that included wages for administrative duties, Hahn signed all of them as an authorized Township signatory. 27. Hahn began working for the Township in 2004 on September 15, 2004. Hahn, 06 -035 Page 9 a. Hahn claimed hours and performed the duties of Assistant Roadmaster and Assistant Secretary. 1. The hours and duties were documented by payroll codes listed on Hahn's timesheets. b. Hahn claimed the Assistant Secretary rate of $12.00 /hour when performing assistant Roadmaster duties which were set at $11.00 /hour. 28. Hahn was over - compensated for Assistant Roadmaster duties in 2004 by $326.00 as follows: Assistant Assistant a. 2004 Assistant Roadmaster Hours Secretary Rate Roadmaster Rate 326 $12.00 $11.00 b. 326 hours @ $1.00 /hour = $326.00 29. Hahn's use of the authority of his public position to claim compensation and then approve payments to himself for work/hours for which he was not appointed and when he was over - compensated as Assistant Roadmaster resulted in a private pecuniary gain of $4,277.50. THE FOLLOWING FINDINGS RELATE TO HAHN'S FAILURE TO FILE A STATEMENT OF FINANCIAL INTERESTS FOR THE 2001 CALENDAR YEAR BY MAY 1, 2002; AND WHEN HE FAILED TO DISCLOSE ALL DIRECT /INDIRECT SOURCES OF INCOME ON STATEMENTS OF FINANCIAL INTERESTS FILED FOR THE 2002, 2003, AND 2004 CALENDAR YEARS. 30. As a Lower Towamensing Township Supervisor, Glen Hahn was required to file a Statement of Financial Interests for calendar year 2001 by May 1, 2002. 31. A Statement of Financial Interests (SFI) compliance review [that] was conducted by a State Ethics Commission Investigator on June 27 and 29, 2006, for Lower Towamensing Township confirmed the following SFI's on file for Hahn: Date Filed Calendar Year 02/13/2003 2002 04/14/2004 2003 02/16/2005 2004 02/22/2006 2005 32. No Statement of Financial Interests for the 2001 calendar year was on file with the Township for Hahn for the 2001 calendar year. a. Hahn received $1,875.00 compensation as a Township Supervisor during 2001 when he had not filed a Statement of Financial Interests. b. Although no 2001 calendar year Statement of Financial Interests form could be located within the records of Lower Towamensing Township, Hahn maintains that he timely filed this form. 1. Although Hahn cannot provide any corroborative evidence of his filing, there is a history of other filings being lost and /or misplaced which were timely filed. Hahn, 06 -035 Page 10 2. For the purposes of the instant Stipulation of Findings and accompanying Consent Agreement only, it is acknowledged that Hahn may have timely filed his 2001 calendar year Statement of Financial Interests form, and that same was possibly lost /misplace[d] by Lower Towamensing Township and was therefore unable to be located upon compliance review. 33. In 2002, 2003 and 2004, Hahn received compensation as a Township Supervisor and employee that was more than $1,300, but failed to list the Lower Towamensing Township as a Direct or Indirect Source of Income on his Statements of Financial Interests. 34. Hahn used the authority of his public office to obtain a private pecuniary gain of $3,951.50 in 2001, 2002 and 2005 when he claimed, then approved, his compensation as Assistant Secretary even though he was never appointed to the position and the Township Auditors never approved a salary for the position. Year \/\ es 2002 276.00 2005 $ 3,581.50 Total $ 3,857.50 III. DISCUSSION: As a Supervisor for Lower Towamensing Township ( "Township ") from January 2000 to the present time, Respondent Glen Hahn ( "Hahn ") 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. The allegations are that Hahn violated Sections 1103(a), 1104(a), and 1105(b)(5) of the Ethics Act when he, as a Township Supervisor, used the authority of his office for a private pecuniary gain by claiming compensation as a Township Roadmaster for duties related to his position as Supervisor including but not limited to preparing for meetings, attending meetings, signing checks, and meeting with Planning Commission members, developers, Township engineers and surveyors; when he subsequently approved his compensation for hours submitted related to administrative duties; when he failed to file a Statement of Financial Interests for the 2001 calendar year; and when he failed to disclose all direct /indirect sources of income on Statements of Financial Interests filed for the 2002, 2003, and 2004 calendar years. 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 Hahn, 06 -035 Page 11 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. Section 1104(a) of the Ethics Act provides that each public official /public employee must file a Statement of Financial Interests for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the Statement of Financial Interests the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Hahn has served as a Township Supervisor since January 2000. Hahn has served as Chairman of the Board of Supervisors from 2000 through 2003 and from 2005 to the present. The Township is a second -class township governed by a three - member Board of Supervisors. From 2002 through 2003, the Board of Supervisors included Hahn, Bernard Mendez ( "Mendez "), and Barry Stroup. Since 2004, Hahn, Mendez, and Larry Berger have served on the Township Board of Supervisors. The Township Secretary /Treasurer and all three Supervisors have signature authority over the Township's checks. Township checks require the signatures of the Secretary /Treasurer and at least one of the Supervisors. Payroll is approved by virtue of the Supervisor's signature on the Township checks at the end of the payroll period. Rates of compensation for Supervisors serving as Township employees are set by the Township Board of Auditors. The particular years for which Hahn's employee compensation is at issue in this case are 2001, 2002, 2004, and 2005. In 2001, Hahn was appointed as a Township employee to work on the roads with an hourly wage of $11.75. Fact Findings 3a, 7a. In 2002, all of the elected Supervisors, including Hahn, were appointed as part -time employees to work on the roads, with an hourly wage of $12.00. Fact Findings 6, 7a. From September 15, 2004, through the end of 2004, Hahn worked for the Township performing the duties of an Assistant Roadmaster and Assistant Secretary. The hourly wages set for those positions in 2004 were $11.00 and $12.00, respectively. Fact Findings 3b1, 6, 7a, 12, 27, 27a. In 2005, Hahn served as a Hahn, 06 -035 Page 12 Township employee and Assistant Roadmaster with an hourly rate of $13.00 for each position. Fact Findings 1 b, 3a, 6, 7a, 19a. Hahn was not appointed to the position of Assistant Secretary in 2001, 2002, or 2005. Fact Finding 20. The Township uses a time clock and Pennsylvania Department of Transportation timesheets to document days and hours worked by the working Supervisors and Township employees. The timesheets are reviewed by Hahn. In 2001, 2002 and 2005, Hahn claimed hours and received wages for duties that were related to his position of Township Supervisor and for performing administrative duties of the Assistant Secretary at a time when he was not appointed to the Assistant Secretary position and was not approved to receive such compensation. Hahn did not set forth on the timesheets the specific administrative duties that he performed, but he inserted the Township payroll code "405" signifying that the duties were administrative and /or related to secretarial functions. The administrative duties performed by Hahn while he was punched in on the time clock as a Township employee included signing payroll checks. Township Solicitor bills from 2002 and 2005 confirm telephone calls, meetings and discussions between Hahn and the Township Solicitor regarding administrative matters for issues related to Hahn's position as a Township Supervisor. Hahn claimed these activities on timesheets which formed the basis of his compensation. The parties have stipulated that in 2001, 2002, and 2005, Hahn claimed 306.5 hours and was compensated a total of $3,951.50 for performing duties that were related to his position of Township Supervisor and for performing administrative duties of the Assistant Secretary at a time when he was not appointed to the Assistant Secretary position and was not approved to receive such compensation. See, Fact Finding 23. Hahn approved timesheets which included his hours worked on administrative duties. Hahn, as an authorized Township signatory, signed payroll checks issued to himself for the hours he claimed for performing such administrative duties. Additionally, Hahn worked for the Township from September 15, 2004, through the end of 2004, performing the duties of Assistant Roadmaster and Assistant Secretary. In 2004, the Assistant Roadmaster rate was $11.00 per hour and the Assistant Secretary rate was $12.00 per hour. Hahn claimed the higher Assistant Secretary rate of $12 per hour while performing 326 hours of Assistant Roadmaster duties set at $11 per hour. Therefore, in 2004, Hahn was overcompensated in the amount of $326.00 for performing Assistant Roadmaster duties. See, Fact Finding 28. The parties have stipulated that Hahn received a total private pecuniary gain of $4,277.50 as a result of using the authority of his public position to claim compensation and approve payments to himself for performing duties that were related to his position of Township Supervisor; for performing administrative duties of the Assistant Secretary at a time when he was not appointed to the Assistant Secretary position and was not approved to receive such compensation; and when he was overcompensated as Assistant Roadmaster. As a Township Supervisor, Hahn was required to file a Statement of Financial Interests for calendar year 2001 by May 1, 2002. A compliance review conducted at the Township by a State Ethics Commission Investigator on June 27 and 29, 2006, revealed that no Statement of Financial Interests for Hahn for calendar year 2001 was on file with the Township. Hahn maintained that he timely filed a Statement of Financial Interests for the 2001 calendar year. For purposes of the Stipulation of Findings and Consent Agreement in this matter, it has been acknowledged by the parties that Hahn may have timely filed a Statement of Financial Interests for the 2001 calendar year and that such was possibly lost or misplaced by the Township. In Hahn's Statements of Financial Interests filed for calendar years 2002, 2003 and Hahn, 06 -035 Page 13 2004, Hahn failed to list the Township as a direct or indirect source of income despite having received compensation in excess of $1,300 from the Township for each such calendar year. 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 Law, 65 Pa.C.S. §1103(a) occurred in relation to Hahn inappropriately receiving compensation for administrative duties performed by him; and b. That no violation of Section 1104(a) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1104(a) occurred regarding Hahn's 2001 calendar year Statement of Financial Interests form; and c. That a technical violation of Section 1105(b)(5) of the Public Official and Employee Ethics Law, 65 Pa.C.S. §1105(b)(5) occurred when Hahn failed to list the Township of Lower Towamensing as a source of income on his 2002, 2003 and 2004 Statement of Financial Interests forms. 4. Hahn agrees to make payment in the amount of $3,581.50 in settlement of this matter. Said settlement amount is to be made in monthly payments of $198.97 per month for eighteen (18) months, made payable to the Township of Lower Towamensing and forwarded to the Pennsylvania State Ethics Commission, with the first payment due [within] thirty (30) days of the issuance of the final adjudication in this matter. Hahn agrees to not accept any reimbursement, compensation or other payment from the Township of Lower Towamensing representing a full or partial reimbursement of the amount paid in settlement of 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. Consent Agreement, at 2. In applying the provisions of Section 1103(a) of the Ethics Act to the Stipulated Findings, there were uses of authority of office on the part of Hahn. But for the fact that Hahn was a Township Supervisor, he would not have been in a position to claim hours and receive wages for duties that were related to his position of Township Supervisor and for Hahn, 06 -035 Page 14 administrative duties of the Assistant Secretary, sign payroll checks to himself, or claim the higher Assistant Secretary rate while performing Assistant Roadmaster duties. All of the aforesaid actions constituted uses of authority of office. See, Juliante, Order 809. Such uses of authority of office resulted in a private pecuniary benefit to Hahn consisting of unauthorized compensation totaling $4,277.50, of which $3,951.50 was for performing duties that were related to Hahn's position of Township Supervisor and for administrative duties of the Assistant Secretary at a time when Hahn was not appointed to the Assistant Secretary position and was not approved to receive such compensation, and $326.00 was for claiming the higher Assistant Secretary rate while performing Assistant Roadmaster duties. Accordingly, per the Consent Agreement of the parties, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Hahn inappropriately receiving compensation for administrative duties performed by him. See, R.H. v. State Ethics Commission, 673 A.2d 1004 (Pa. Cmwlth. 1996); Harton, Order 1421; Seamans, Order 1411; Johnson, Order 1187. Given the acknowledgement of the parties that Hahn may have timely filed with the Township his Statement of Financial Interests for the 2001 calendar year, and that the Township might have lost or misplaced the form, per the Consent Agreement, we hold that no violation of Section 1104(a) of the Ethics Act occurred regarding Hahn's 2001 calendar year Statement of Financial Interests form. Cf., St. Peter, Order 1418; Esposito, Order 1333. Turning to the recommended technical violation of Section 1105(b)(5) of the Ethics Act, the parties have stipulated that Hahn's Statements of Financial Interests for calendar years 2002, 2003 and 2004 failed to disclose the Township as a source of income in excess of $1,300 for each of these calendar years. Accordingly, we hold that a technical violation of Section 1105(b)(5) of the Ethics Act occurred when Hahn failed to list the Township as a source of income on his Statements of Financial Interests filed for the 2002, 2003, and 2004 calendar years. See, Glover, Order 1389; DiPietro, Order 1256. As part of the Consent Agreement, Hahn has agreed to make payment in the amount of $3,581.50 in settlement of this matter, payable as follows: monthly payments of $198.97 for eighteen (18) months, made payable to the Township of Lower Towamensing and forwarded to this Commission, with the first payment due within thirty (30) days of the issuance of this adjudication and Order. Hahn has further agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of 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, Hahn is directed to make payment in the amount of $3,581.50, as follows: monthly payments of $198.97 for eighteen (18) months, made payable to the Township of Lower Towamensing and forwarded to this Commission, with the first payment due within thirty (30) days of the issuance of this adjudication and Order. Per the Consent Agreement of the parties, Hahn is further directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Hahn, 06 -035 Page 15 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 Lower Towamensing Township ( "Township ") from January 2000 to the present, Respondent Glen Hahn ( "Hahn ") 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. A violation of Section 1103(a) of the Ethics Act occurred in relation to Hahn inappropriately receiving compensation for administrative duties performed by him. 3. No violation of Section 1104(a) of the Ethics Act occurred regarding Hahn's 2001 calendar year Statement of Financial Interests form. 4. A technical violation of Section 1105(b)(5) of the Ethics Act occurred when Hahn failed to list the Township as a source of income on his Statements of Financial Interests filed for the 2002, 2003, and 2004 calendar years. In Re: Glen Hahn, Respondent ORDER NO. 1480 File Docket: 06 -035 Date Decided: 7/21/08 Date Mailed: 8/5/08 1 A violation of Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), occurred in relation to the inappropriate receipt of compensation by Glen Hahn ( "Hahn "), a Supervisor for Lower Towamensing Township ( "Township "), for administrative duties performed by him. 2. No violation of Section 1104(a) of the Ethics Act occurred regarding Hahn's 2001 calendar year Statement of Financial Interests form. 3. A technical violation of Section 1105(b)(5) of the Ethics Act occurred when Hahn failed to list the Township as a source of income on his Statements of Financial Interests filed for the 2002, 2003, and 2004 calendar years. 4. Per the Consent Agreement of the parties, Hahn is directed to make payment in the amount of $3,581.50 as follows: monthly payments of $198.97 for eighteen (18) months, made payable to the Township of Lower Towamensing and forwarded to the Pennsylvania State Ethics Commission, with the first payment due within thirty (30) days of the issuance of this Order. 5. Per the Consent Agreement of the parties, Hahn is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 6. Compliance with Paragraphs 4 and 5 of this Order will result in the closing of this case with no further action by this Commission. a. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Louis W. Fryman, Chair