HomeMy WebLinkAbout1488 BerkebileIn Re: Ronald Berkebile,
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 -072
Order No. 1488
9/22/08
10/10/08
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 allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." 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.
Berkebile, 07 -072
Page 2
I. ALLEGATIONS:
That Ronald Berkebile, a public official /public employee in his capacity as a
Supervisor of Quemahoning Township, Somerset 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 a private pecuniary gain by claiming and approving compensation to
himself for meeting pay not related to Board of Supervisors meetings; when he claimed
and approved compensation for his attendance at state conventions in excess of his actual
compensation [due]; when he claimed and received excess expense reimbursements
related to attendance at state conventions in excess of actual expenses incurred; and
when he claimed and approved compensation to himself as roadmaster for his
responsibilities as Township Supervisor.
II. FINDINGS:
1. Ronald Berkebile served as a Supervisor for Quemahoning Township, Somerset
County, from January 7, 2002, until January 7, 2008.
a. Berkebile served as the Vice - Chairman of the Board [of Supervisors] from
January 5, 2004, until January 7, 2008.
2. Quemahoning Township is a second class township governed by a three - member
board of supervisors.
a. Quemahoning Township holds one regularly scheduled meeting per month
on the second Monday of the month.
1. Special meetings are held as necessary.
b. Supervisors receive $35.00 gross per meeting as payment for services
rendered in their supervisor capacity.
1. Supervisors must be present at the meetings to receive the $35.00.
3. Voting at Quemahoning Township meetings occurs by individual roll call vote after a
motion is made and properly seconded.
a. Any abstentions or objections made during the vote are specifically noted in
the minutes.
b. Minutes of each meeting are approved for accuracy at the subsequent
meeting.
4. Signature authority over township accounts is maintained by the secretary/treasurer
and all three supervisors.
a. Checks require the signature of the secretary /treasurer and at least two
supervisors.
b. Signatures on township checks must be live signatures.
1. Facsimile stamps are not permitted to be used.
5. Quemahoning Township supervisors receive a listing of the prior month's expenses
at every regularly scheduled meeting for review.
a. The township supervisors approve all bills received from the beginning of the
Berkebile, 07 -072
Page 3
month to the night of the regular meeting and all outstanding bills for the
remainder of the month at each regular meeting.
6. Payroll for township employees is included on the list of monthly bills.
a. Payroll is approved via the vote to approve all received and outstanding bills
each month.
b. Quemahoning Township issues payroll bi- weekly.
7 Quemahoning Township maintains a road crew to address various
road /maintenance related issues in the township.
a. All three supervisors are typically appointed as roadmasters (either in a full
or part -time capacity) at the annual township reorganization meeting.
b. The township primarily employed two full -time laborers on the road crew
during Berkebile's service on the Board.
1. Various part -time employees were retained as needed.
8. Berkebile was appointed as a full -time township roadmaster annually during his
entire length of service as a township supervisor with the partial exception of
Berkebile's first year in office.
a. Berkebile worked as a part -time roadmaster from approximately January 7,
2002, until June 30, 2002.
b. Berkebile began working as a full -time roadmaster as of July 1, 2002.
9. Quemahoning Township supervisors' reorganization meeting minutes from 2002
through 2007 document Berkebile's annual appointment as roadmaster, requested
wage increases, and benefit approval.
a. Minutes note the requested wage increases and benefits to be approved by
the township auditors.
b. Minutes note Berkebile voting affirmatively in the Board's action requesting
compensation from 2002 through 2007.
c. Minutes note the appointment of Supervisor Samuel Donia as the
spokesman to the auditors regarding supervisors' requests from 2002
through 2007.
10. Quemahoning Township Board of Auditors reorganization minutes document
Berkebile's hourly rate from 2002 through 2007 as approved by the township
auditors as shown below:
Auditors Reorganization Date
January 8, 2002
January 7, 2003
January 6, 2004
January 4, 2005
January 4, 2006
January 3, 2007
Berkebile's Hourly Rate
Appr
$13/5/$14.00*
$15.00
$16.00
$17.00
$17.50
$18.50
Berkebile, 07 -072
Page 4
Berkebile's rate was established at $13.75 per hour in his part -time capacity
with $14.00 per hour established for his eventual service in a full -time
position.
a. Berkebile received a $1.00 per hour longevity increase in 2007.
1. The auditors approved a $1.00 longevity increase in addition to any
cost of living increase to be issued to full -time supervisors after every
five years in office.
aa. Donia recommended the longevity increase to the auditors for
consideration.
11. The Quemahoning Township Auditors also approved a monthly vehicle allowance
for full -time supervisors /roadmasters utilizing their personal four -wheel drive
vehicles for township business.
a. The auditors approved a $500.00 monthly allowance in 2002 and 2003 and a
$600.00 monthly allowance from 2004 through 2007.
b. The monthly vehicle expense was to cover gas utilized, vehicle
maintenance, wear and tear, etc. in the performance of supervisor or
roadmaster related duties /business.
c. Berkebile received the monthly vehicle allowance from at least July 2002
through December 2007.
12. Township roadmasters are responsible for maintaining the township roads,
including inspecting roads, plowing roads, maintaining the township vehicles, etc.
a. Quemahoning Township has no written job description for the roadmaster
position.
b. Quemahoning Township supervisors /roadmasters perform actual physical
labor with the road crew.
13. The Township appoints a road superintendent at the annual reorganization meeting
who is responsible for directing work to be completed on a daily basis, recording
and maintaining employee time and attendance (including compensatory time and
leave accrual and usage), ordering materials and road supplies, authorizing
overtime, etc.
a. Quemahoning Township has no written job description for the road
superintendent position.
14. Normal working hours for the Quemahoning Township road crew are Monday
through Thursday, 6 a.m. — 4 p.m. during the summer months and 5 a.m. — 3 p.m.
during the winter months.
a. Exceptions to this schedule occasionally occur due to inclement weather,
emergencies, etc.
1. Any emergency call -out of road crew employees, including working
roadmasters, resulted in those employees receiving a minimum of
four hours of time.
aa. Call -outs lasting longer than four hours resulted in road crew
Berkebile, 07 -072
Page 5
employees receiving hours in the actual amount worked.
b. Supervisors employed as roadmasters are expected to work the same
schedule as the road crew.
15. Quemahoning Township road crew employees utilize a time clock at the township
office to document hours worked each day.
a. Donia transferred employee hours worked from time cards into his day
planner calendar at the end of each pay period.
b. Donia destroyed the actual time cards once the information was transferred.
c. Donia provided employee hours worked to the secretary /treasurer for payroll
processing.
16. Quemahoning Township maintains [an] overtime /compensatory time policy to
address time worked in excess of forty hours during one seven -day work week.
a. The policy grants employees one and one -half hours of compensatory time
for all hours worked in excess of forty hours in a seven -day work week.
1. The policy permits the accrual of up to one hundred sixty
compensatory hours per year.
b. Employees are to use accumulated compensatory time, with the approval of
their supervisor, within one year of accumulation.
1. The year time period is noted as running from October 1 to
September 30.
c. Any employee accumulating more than the maximum hours of compensatory
time within the established time frame is to be compensated in cash at one
and one -half times [the employee's] regular rate of pay for said hours.
d. The policy was in effect prior to Berkebile's service as a township supervisor.
17. Although not specifically addressed in the policy notice, employees accruing
compensatory time may request and be issued payment for accumulated
compensatory hours.
a. Payout of accumulated compensatory hours has been an accepted past
practice at Quemahoning Township.
b. The road superintendent's approval was required for any such payout prior
to issuance.
18. The Pennsylvania State Association of Township Supervisors (PSATS) has been
serving second class townships since approximately 1921.
a. Act 189 created the Association to represent the interests of townships and
authorized townships to join.
b. The mission of the Association is to preserve and strengthen township
government.
19. PSATS sponsors an annual conference held at The Hershey Lodge & Convention
Berkebile, 07 -072
Page 6
Center, Hershey, Pennsylvania for its member townships.
a. The annual PSATS conference provides opportunities for training and
networking regarding local government.
b. Quemahoning Township is a PSATS member township.
20. The annual four -day PSATS conference routinely begins on Sunday and concludes
on Wednesday.
a. Attending delegates can register on Sunday, Monday, or Tuesday morning
and attend workshops offered once registered.
b. No registration or workshops are held on Wednesday.
1. Wednesday activities are limited to a general session which adjourns
at approximately 12:00 p.m.
21. From 2003 through 2007, the entire Quemahoning Township Board of Supervisors,
as well as the secretary /treasurer, was approved to attend the respective PSATS
annual conventions.
a. Minutes note all expenses incurred [were] to be paid by the township.
b. Minutes note approval of mileage reimbursement at the rate per mile
specified below:
2003 2004 2005 2006 2007
0.36 0.37 0.37 0.44 0.485
22. Approvals for attendance, expenses, and mileage were formally voted on at each
year's respective reorganization meeting.
a. Berkebile voted affirmatively to approve the Board's attendance, expenses,
and mileage reimbursements at each year's respective reorganization
meeting.
23. Section 1402 of the Second Class Township Code [53 P.S. § 66402] [limits] allowed
expenses for delegates attending the annual conference to the registration fee [and]
mileage for use of a personal vehicle or reimbursement of actual transportation
expense going to and returning from the meeting, plus all other actual expenses
that the board of supervisors agrees to pay.
a. Additionally noted is that supervisors employed by the township may be
compensated at their regular employee rate during their attendance at the
conference.
24. Delegates attending PSATS conventions must submit to the board of supervisors
an itemized account of all expenses incurred in relation to the convention.
a. Delegates may not receive reimbursement for expenses for more than four
days, including time spent traveling to and from the convention.
25. Supervisor attendance at the annual PSATS convention is documented by way of
an Official Delegate's Attendance Certification.
a. PSATS representatives issue the Attendance Certifications to township
Year
Sunday
(Overtime
Hours/Wages)
Monday
(Overtime
Hours/Wag
es)
Tuesday
(Overtime
Hours/Wag
es)
Wednesday
(Overtime
Hours/Wages
Total
(Overtime
Hours/Wages)
2003
10/ $225.00
-
-
-
10/ $225.00
2004
10/ $240.00
2/ $48.00
2/ $48.00
2/$48.00
16/ $384.00
2005
10/ $255.00
2/ $51.00
2/ $51.00
2/ $51.00
16/ $408.00
2006
10/ $262.50
2/ $52.50
2/ $52.50
2/ $52.50
16/ $420.00
Total
58/$1,437.00
Berkebile, 07 -072
Page 7
delegates on the last day of the conference.
b. Berkebile's Attendance Certification[s] for annual conventions held
document his attendance on all four days of each respective conference
from 2003 through 2007 as shown below:
2003 2004 2005
2006 2007
April 6 -9, 2003 April 18 -21, 2004 April 17 -20, 2005 April 23 -26, 2006 April 22 -25, 2007
1. Berkebile's signature is present on all Attendance Certifications from
2003 through 2007.
26. PSATS also provides township delegates with blank expense reports to be utilized
in generating itemized expenses regarding attendance at PSATS conferences.
a. The expense report provided for use by PSATS contains categories for the
date, area (from and to), miles traveled, meals, lodging, registration fee, and
miscellaneous.
27. Berkebile's expense reports submitted to the township for travel and attendance at
the 2003 through 2007 PSATS conventions documented payment for wages lost
each respective year.
a. Berkebile, as a working supervisor, was entitled to claim wages lost for
normal work days and hours while attending the convention.
1. Normal work days and hours lost encompassed Monday through
Wednesday, 6 a.m. — 4 p.m., for a total of thirty hours for each
convention.
28. Berkebile claimed approximately fifty -eight hours of overtime totaling $1,437.00
regarding his attendance at the 2003 through 2006 PSATS conventions, in addition
to claiming wages lost for normal work days and hours, as shown below:
a. Berkebile claimed ten hours of overtime every Sunday for PSATS
conventions held from 2003 through 2006.
1. Sunday is not a normal working day for the Quemahoning Township
road crew.
b. Berkebile claimed two hours of overtime every Monday, Tuesday, and
Wednesday for PSATS conventions held from 2004 through 2006.
1. The Quemahoning Township road crew does not work overtime every
Monday, Tuesday, and Wednesday.
29. Berkebile currently owns a 2003 Chevrolet four -wheel drive truck and a 2007
Year
Miles Claimed
Per Mile Rate
Total
2003
587.0
$0.36
$211.32
2004
587.0
$0.37
$217.19
2005
592.0
$0.40
$236.80
2006
506.0
$0.44
$222.64
2007
341.3
$0.485
$165.53
Total
$1,053.48
Berkebile, 07 -072
Page 8
Chevrolet Impala.
a. Both vehicles are registered in the name of Berkebile and Carole Berkebile.
1. Carole Berkebile is Berkebile's spouse.
b. The 2003 Chevrolet truck was titled on October 21, 2002.
1. Berkebile also owned a four -wheel drive truck prior to his 2003
Chevrolet.
c. The 2007 Impala was titled on April 21, 2008.
1. Berkebile owned a 2002 Buick sedan prior to the 2007 Impala.
30. From at least July 2002 through December 2007, Berkebile received a monthly
vehicle allowance from the township General Fund, totaling a minimum of
$37,800.00, for use of his personal four -wheel drive truck for township - related
business.
a. Berkebile received checks from the township to account for mileage,
maintenance, wear and tear, etc. for use of his personal four -wheel drive
truck for township business during months that the annual PSATS
convention was held.
31. Although Berkebile received a vehicle reimbursement monthly for use of his
personal vehicle for township business, Berkebile did not utilize his four -wheel drive
truck to travel to the PSATS conventions from 2003 through 2007.
a. Berkebile utilized his 2002 Buick sedan to travel to the PSATS conventions
from 2003 through 2006 and his 2007 Chevrolet Impala to travel to the 2007
PSATS convention.
32. Berkebile's expense reports submitted to the township for travel and attendance at
the 2003 through 2007 PSATS conventions documented mileage reimbursement
claims for each year as shown below:
a. Berkebile's PSATS expense reports for 2003 through 2006 documented the
[same] number of miles claimed per individual convention as did Sam
Donia's expense reports.
1. Berkebile and Donia traveled in separate vehicles from separate
starting points.
2. Berkebile and Donia did not always utilize separate vehicles for travel
once in Hershey, Pennsylvania.
3. Berkebile and Donia did not always travel to the [same] locations
Berkebile, 07 -072
Page 9
while in Hershey, Pennsylvania for the conventions.
33. From 2003 through 2005, Berkebile had hotel accommodations at 4650 Lindle Rd.,
Harrisburg, PA 17111 for the PSATS conventions.
a. In 2003, the hotel was the Harrisburg- Hershey Marriott, while in 2004 and
2005, the hotel was the Wyndham Hotels and Resorts.
b. 4650 Lindle Rd., Harrisburg, Pennsylvania, is approximately one hundred
thirty -six miles (one way) from Stoystown, Pennsylvania.
c. 4650 Lindle Rd., Harrisburg, Pennsylvania is approximately eight miles (one
way) from the Hershey Lodge & Convention Center.
34. In 2006 and 2007, Berkebile stayed on site at the Hershey Lodge & Convention
Center.
a. Stoystown, Pennsylvania is approximately one hundred forty miles (one way)
from the Hershey Lodge & Convention Center.
35. Berkebile routinely claimed mileage in excess of that necessary to travel to and
from the PSATS convention from 2003 through 2007, as shown below:
Year Approx. Miles l Actual Claimed Miles l Difference
2003 336 587 251
2004 336 587 251
2005 336 592 256
2006 280 506 226
2007 280 430* 150*
*[sic] [Cf., Fact Findings 32, 37].
a. Approximate miles for 2003 through 2005 consist of two hundred seventy -
two miles [of travel] from Stoystown, Pennsylvania to Hershey, Pennsylvania
and back, as well as sixty -four miles [of] travel between the hotel and
convention center.
1. Mileage between the hotel and convention center was calculated
based on one round trip from the hotel each day.
b. Approximate miles for 2006 and 2007 consist of two hundred eighty miles [of
travel] from Stoystown, Pennsylvania to Hershey and back.
1. No additional mileage was included as Berkebile stayed at the
convention center hotel in 2006 and 2007.
36. Berkebile utilized his 2002 Buick and 2007 Chevrolet to travel to PSATS
conventions from 2003 through 2007, claiming mileage in the amount of $1,053.48
in relation to travel expenses.
a. Berkebile claimed mileage for travel to and from the convention even though
he was already receiving a monthly vehicle reimbursement.
37. Berkebile submitted his PSATS convention expense reports detailing all expenses
claimed for 2003 through 2007 to Linda Donia, the secretary /treasurer, for
processing and payment upon return from the respective conventions as shown
below:
Convention
Date
Mileage
Meals
Lodging
Tolls
Wages
Total
Check
No.
04/06/03-
$211.32 (587 x 0.36)
$357.68
$387.32
$6.60
$675.00
$1,502.92
1882
04/09/03
$ 601.19
2718
04/21/05
$ 1,763.40
$ 236.80
$ 408.00
$ 644.80
04/18/04-
$217.19 (587 x 0.37)
$313.32
$400.06
$6.60
$864.00
$1,731.70
2292
04/21/04
$ 165.53
-
$ 165.53
TOTALS:
$1,053.48
04/17/05-
$236.80 (592 x 0.40)
$255.75
$393.35
$9.50
$918.00
$1,763.40
2718
04/20/05
04/23/06-
$222.64 (506 x 0.44)
$395.68
$362.99
$9.50
$944.75
$1,880.56
3104
04/26/06
04/22/07-
$165.53 (341.3 x 0.485)
$227.56
$270.88
$9.50
$0.00
$673.47
3532
04/25/07
Check
Number
Check
Date
Check
Amount
Illegitimate
Mileage
Illegitimate
Wages
Total
Illegitimate
Payment
1882
04/10/03
502.92
$ 1,502.92
$ 211.32
$ 225.00
$ 436.32
2292
04/22/04
$ 1,731.70
$ 217.19
$ 384.00
$ 601.19
2718
04/21/05
$ 1,763.40
$ 236.80
$ 408.00
$ 644.80
3104
04/27/06
$ 1,880.56
$ 222.64
$ 420.00
$ 642.64
3532
04/30/07
$ 673.47
$ 165.53
-
$ 165.53
TOTALS:
$1,053.48
$1,437.00
$2,490.48
Meeting
Date
Check
Number
Berkebile
Present
Berkebile's
Vote
Final
Vote
Signatories*
04/14/03
1882
Yes
Yes
2 -0
SD -RB -LD
04/12/04
2292
Yes
Yes
2 -0
SD -RB -LD
04/11/05
2718
Yes
Yes
2 -0
SD -RB -LD
04/10/06
3104
Yes
Yes
3 -0
SD -RB -LD
04/09/07
3532
Yes
Yes
3 -0
SD -RB -LD
Berkebile, 07 -072
Page 10
Expenses identified on the report were paid via lump sum check from the
township General Fund for each respective year.
38. Berkebile submitted expense claims for unauthorized overtime wages and
excessive mileage reimbursement on expense reports submitted for [the] 2003
through 2007 PSATS conventions totaling [approximately] $2,490.00 as shown
below:
a.
39. Berkebile participated in actions as a township supervisor in approving monthly bills
which included the payment /reimbursement of his excessive PSATS convention
expenses and then signed checks issued to himself as shown below:
*SD = Sam Donia
RB = Ron Berkebile
FB = Floyd Berkebile
LD = Linda Donia
a. Supervisor Floyd Berkebile was absent from the April 2003, 2004, and 2005
meetings.
40. Berkebile maintains signature authority over one personal account (Account No.
)0)0(X771) at a bank.
a. Account number )000(X771 is a checking account.
Berkebile, 07 -072
Page 11
1 Berkebile maintains joint signature authority over the account with
Carole Berkebile.
41. Checks received by Berkebile from the township as reimbursement for PSATS
convention expenses from 2003 through 2007 were either deposited into
Berkebile's account at a bank (Account No. )0)0(X771) or cashed.
42. Berkebile realized a financial gain of approximately $2,490.48 as a result of voting
to approve monthly bills and signing reimbursement checks which included payment
of overtime wages beyond normal working hours and payment of mileage expenses
while attending PSATS conventions from 2003 through 2007, at a time when
Berkebile was already receiving monthly vehicle reimbursements as shown below:
Year Unauthorized Overtime Excessive Mileage Total
2003 $ 225.00 $ 211.32 436.32
2004 $ 384.00 $ 217.19 $ 601.19
2005 $ 408.00 $ 236.80 $ 644.80
2006 $ 420.00 $ 222.64 $ 642.64
2007 - $ 165.53 $ 165.53
Total $1,437.00 $1,053.48 $2,490.48
THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT BERKEBILE
CLAIMED AND APPROVED COMPENSATION TO HIMSELF AS A ROADMASTER
FOR HIS RESPONSIBILITIES AS A TOWNSHIP SUPERVISOR.
43. Quemahoning Township maintains a garage area connected to the township
building for the storage of vehicles, equipment, etc.
a. The township building and garage are owned by Quemahoning Township.
b. The road crew primarily works out of the township garage.
44. The township building and township garage share a singular heating system.
a. Both the township building and township garage are heated by a coal boiler.
1. The coal boiler must be fueled or "fired" during the winter months.
2. The boiler is primarily fueled from approximately November through
approximately April each winter season.
45. The township boiler must be fueled every Friday, Saturday, and Sunday during the
winter months.
a. The boiler must be fired to maintain the heat in the township garage and
township building on Friday, Saturday, and Sunday.
46. A township representative must travel to the township garage in order to fuel the
boiler.
a. The township road crew does not maintain normal hours on Fridays or
weekends.
b. From November 2002 through December 2007, the township
secretary /treasurer maintained office hours on Fridays but was not
responsible for fueling the township boiler.
Berkebile, 07 -072
Page 12
47. The township boiler must be fueled anywhere from two to four times per day
depending on weather conditions.
a. Individuals fueling the boiler are required to travel to and from the township
building several times per day (i.e. two to four) in order to maintain the
boiler.
48. Berkebile and Donia, in their capacity as township supervisors, were the individuals
who primarily fueled the township boiler during the winter months between
November 2002 and April 2007.
a. Road crew personnel were provided the opportunity to complete the task in
exchange for receipt of compensatory time but declined the opportunity.
b. Road crew personnel expressed little interest in fueling the boiler in
exchange for compensatory time.
49. As township supervisors, Berkebile and Donia were primarily responsible for fueling
the township boiler.
a. Berkebile resides approximately one and one -half miles from the township
building.
b. Donia resides approximately one mile from the township building.
50. Berkebile and Donia routinely charged four hours per day for the fueling of the
township boiler.
a. Whatever the number of overtime hours claimed, Berkebile and Donia were
credited with one and one -half times that amount per the township overtime
policy (See, Finding No. 16).
51. From November 2002 through March 2007, Berkebile claimed overtime hours in
association with fueling the township boiler on Fridays, weekends, and various
holidays.
52. In addition to claiming overtime /compensatory time [for] fueling the township boiler,
Berkebile also claimed overtime /compensatory time for plowing snow, road checks,
and other road crew activities including call -outs, cutting fallen trees, etc.
53. The legitimacy of overtime /compensatory hours claimed beyond those for fueling
the township boiler could not be determined via township records.
a. Donia destroyed employee time clock punch cards after transferring hours
worked into his day planner.
b. The township maintains no logs to document specific work performed by
road crew employees on specific days.
c. Donia's day planner contains no description of work performed or only a
general description for each day.
d. Overtime hours are routinely documented only by employee names and the
number of overtime hours worked by individual employees.
54. Donia transferred regular and overtime hours worked from employee time cards,
including Berkebile's, to his day planners /calendars and then transferred the
Berkebile, 07 -072
Page 13
corresponding compensatory time accrued and taken onto separate tracking
sheets.
a. Discrepancies exist between overtime hours logged in Donia's day
planners /calendars in comparison with that documented on actual employee
compensatory time tracking sheets.
55. Berkebile routinely "sold" unused compensatory time back to the township [during]
the time frame of November 2002 through March 2007.
a. Donia was the individual at the township who approved /authorized the
"selling" of compensatory time back to the township for all employees.
56. Berkebile's accumulation of compensatory time in relation to his maintenance of the
township's boiler system was a long -term practice of the township employees, which
was approved by the Board of Supervisors.
a. No other individuals were willing and /or available to maintain the township's
boiler system, and as such Berkebile and /or Donia assumed the
responsibility.
b. Berkebile and /or Donia maintained the township boiler system on weekends
and holidays.
c. Even though Berkebile and /or Donia were required to make multiple trips to
the township building to fire the boiler, they only claimed one four (4) hour
call -out per day.
d. During the weekdays, road crew employees performed the duty of
maintaining and fueling the Township boiler system.
e. The task of maintaining the boiler system was considered a manual labor
task, more akin to the duties of the road crew.
f. Berkebile performed this duty /responsibility in his position as a roadmaster
as opposed to a Township Supervisor.
57. In a sworn statement provided to Commission investigators on July 23, 2008,
Berkebile indicated the following:
a. Berkebile permitted township road crew employees to utilize his personal
truck any time it was needed in relation [to] township business.
1. Township employees generally did not work during [the] times of
PSATS conferences when the vehicle would have been available.
b. The issuance of a monthly automobile allowance to working supervisors was
an established past practice.
c. Berkebile turned all expense receipts into Donia upon return from PSATS
conventions for completion of the expense certification sheet.
1. Berkebile signed the document after preparation by Donia.
d. Berkebile could not explain the claiming of overtime wages while attending
PSATS conventions.
Berkebile, 07 -072
Page 14
1. Berkebile claimed what Donia informed him was legitimate.
e. Mileage claimed for reimbursement regarding the PSATS convention
included trips to and from the convention center multiple times per day.
1. Donia completed the mileage sections on Berkebile's expense reports.
f. Berkebile and Donia were the primary individuals who fueled the township
boiler during the winter months due to lack of interest by other employees.
1. Berkebile was unaware that supervisors could not receive roadmaster
wages for supervisor - related duties.
58. Berkebile realized a total financial gain of approximately $2,490.48 as a result of
submitting unauthorized expenses for attendance at annual PSATS conventions,
including overtime wages and mileage.
III. DISCUSSION:
As a Supervisor for Quemahoning Township ( "Township ") from January 7, 2002,
until January 7, 2008, Respondent Ronald Berkebile (hereinafter also referred to as
"Respondent," "Respondent Berkebile," or "Berkebile "), 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 Berkebile violated Section 1103(a) of the Ethics Act when
he used the authority of his public position for a private pecuniary gain by claiming and
approving compensation for himself for meeting pay not related to Township Board of
Supervisors ( "Board ") meetings; when he claimed and approved compensation for his
attendance at state conventions in excess of his actual compensation due; when he
claimed and received expense reimbursements related to attendance at state conventions
in excess of actual expenses incurred; and when he claimed and approved compensation
for himself as roadmaster for his responsibilities as a Township Supervisor.
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
Berkebile, 07 -072
Page 15
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 set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Respondent Berkebile served as a Supervisor for the Township from January 7,
2002, until January 7, 2008. Berkebile served as the Vice - Chairman of the Board from
January 5, 2004, until January 7, 2008.
The Board consists of three members. The Board holds one regularly scheduled
meeting per month and special meetings as necessary. For each meeting attended, a
Supervisor receives $35.00 (gross) as payment for services rendered in the capacity of a
Supervisor.
At Board meetings, the Supervisors vote by individual roll call vote after a motion is
made and seconded. Any abstentions or objections made during the vote are specifically
noted in the minutes.
At every regularly scheduled meeting, the Supervisors receive a listing of the prior
month's expenses for review. The Supervisors then vote to approve all bills received from
the beginning of the month to the night of the meeting and all outstanding bills for the
remainder of the month. The bi- weekly payroll for Township employees is included on the
list of monthly bills and is approved via the vote to pay all received and outstanding bills.
All three Supervisors and the Township Secretary /Treasurer have signature
authority over the Township accounts. Township checks require the signatures of the
Secretary /Treasurer and at least two Supervisors. The signatures on Township checks
must be live and not stamped.
The Township maintains a road crew to address various road /maintenance related
issues in the Township. All three Supervisors are typically appointed as full or part -time
roadmasters at the annual Township reorganization meeting. The Township road crew
may also include full and part -time laborers.
The Township has no written job description for the position of roadmaster. The
responsibilities of Township roadmasters include maintaining, inspecting and plowing
Township roads and maintaining the Township vehicles.
The normal working hours for the Township road crew are Monday through
Thursday, from 6 a.m. to 4 p.m. during the summer months and from 5 a.m. to 3 p.m.
during the winter months. The Township road crew does not maintain normal working
hours on Fridays or weekends. Supervisors employed as roadmasters are expected to
work the same schedule as the road crew.
Berkebile, 07 -072
Page 16
Exceptions to the normal road crew work schedule occasionally occur due to events
such as inclement weather or emergencies. Any emergency call -out of road crew
employees, including Supervisor - roadmasters, would result in those employees receiving a
minimum of four hours of time. Call -outs lasting longer than four hours would result in road
crew employees receiving the actual amount of hours worked.
Township policy grants employees one and one -half hours of compensatory time for
hours worked in excess of forty hours in a seven -day work week. Although not specifically
addressed in the policy, employees may request and be issued payment for accumulated
compensatory hours, subject to the road superintendent's approval.
At each annual Township reorganization meeting from 2002 through 2007,
Berkebile was appointed as a roadmaster. Berkebile worked as a part -time roadmaster
from approximately January 7, 2002, until June 30, 2002, and as a full -time roadmaster
commencing July 1, 2002.
Berkebile, as a roadmaster, received an hourly rate approved by the Township
Auditors. From at least July 2002 through December 2007, Berkebile also received a
monthly vehicle allowance approved by the Township Auditors for full -time Supervisor -
roadmasters who utilized their personal four -wheel drive vehicles for Township business.
The monthly vehicle allowance was to cover expenses, including gas and vehicle
maintenance, incurred in the performance of Supervisor or roadmaster related duties or
business. The monthly vehicle allowance was set at $500 in 2002 and 2003 and at $600
from 2004 through 2007.
The Pennsylvania State Association of Township Supervisors ( "PSATS ") sponsors
an annual convention ( "the Convention ") for its member townships. The Convention, which
is held in Hershey, Pennsylvania, routinely begins on Sunday and concludes on
Wednesday.
Per the Second Class Township Code, 53 P.S. § 66402, the expenses allowed to
the delegates attending the Convention are limited to the registration fee, mileage for use
of a personal vehicle or reimbursement of actual transportation expense going to and
returning from the Convention, and all other actual expenses that the board of supervisors
agrees to pay. The board of supervisors may authorize township employees, including
supervisors employed by the township, to be compensated at their regular employee rate
during their attendance at the Convention. Id.
Each township delegate who attends the Convention must submit to the board of
supervisors an itemized account of all expenses incurred in relation to the Convention. Id.
PSATS provides township delegates with blank expense reports to itemize expenses for
miles traveled, meals, lodging, and registration fee, as well as miscellaneous expenses.
Each year from 2003 through 2007, all three Supervisors and the
Secretary /Treasurer were approved to attend the Convention with all expenses incurred to
be paid by the Township. At each year's Township reorganization meeting, the Board,
including Berkebile, voted to approve attendance at the Convention as well as payment of
expenses and mileage reimbursement at set rates.
Berkebile attended all four days of each Convention held from 2003 through 2007.
Berkebile, as a working Supervisor, was entitled to claim wages for normal work hours and
days missed while attending the Convention. For each year's Convention, Berkebile lost
thirty hours of wages representing normal work days and hours of Monday through
Wednesday, from 6 a.m. to 4 p.m.
Berkebile claimed wages lost for normal work days and hours missed in relation to
Berkebile, 07 -072
Page 17
his attendance at each year's Convention from 2003 through 2006. Berkebile also claimed
ten hours of overtime for Sunday for each Convention held from 2003 through 2006, even
though Sunday is not a normal working day for the Township road crew. For each
Convention held from 2004 through 2006, Berkebile additionally claimed two hours of
overtime daily for Monday, Tuesday, and Wednesday, even though the Township road
crew does not work overtime every Monday, Tuesday, and Wednesday.
The parties have stipulated that Berkebile claimed approximately fifty -eight hours of
overtime, resulting in total overtime wages of $1,437, in relation to his attendance at the
Conventions held from 2003 through 2006.
Although Berkebile received a monthly vehicle allowance from the Township's
General Fund for use of his personal four -wheel drive truck for Township - related business,
Berkebile did not use his four -wheel drive truck to travel to any of the Conventions held
from 2003 through 2007. Instead, Berkebile used his Buick sedan to travel to the 2003
through 2006 Conventions. To travel to the 2007 Convention, Berkebile used a Chevrolet
Impala that he co -owns with his spouse.
Berkebile claimed mileage reimbursement in the total amount of $1,053.48 for travel
related to Conventions that he attended from 2003 through 2007, even though Berkebile
was receiving the aforesaid monthly vehicle allowance from the Township. As detailed in
Fact Findings 33 -35, the parties have stipulated that Berkebile claimed mileage in excess
of that necessary for travel to the Conventions that he attended from 2003 through 2007.
Upon returning from each year's Convention from 2003 through 2007, Berkebile
submitted his Convention expense report detailing all claimed expenses, including claimed
expenses for unauthorized overtime wages and excess mileage reimbursement, to the
Township Secretary /Treasurer for processing and payment.
For each year from 2003 through 2007, Berkebile voted to approve monthly bills
that included payment or reimbursement for his unauthorized overtime wages and excess
mileage claims for Convention attendance, and then signed, as Township signatory, such
checks issued to himself. Berkebile cashed or deposited the checks that he received from
the Township for his Convention expenses from 2003 through 2007.
The parties have stipulated that Berkebile realized a total financial gain of
approximately $2,490.48 as a result of submitting claims for unauthorized overtime wages
and excess mileage reimbursement for attendance at the Conventions from 2003 through
2007.
We shall now review the stipulated Fact Findings relating to the allegations that
Berkebile claimed and approved compensation for himself as a roadmaster for his
responsibilities as a Supervisor.
The Township owns a building with a connected garage ( "the Township Building ").
The Township Building is heated by a single coal -fired boiler ( "the Boiler "). During the
winter, a Township representative must travel to the Township Building to fuel the Boiler
every Friday, Saturday, and Sunday to maintain the heat in the Township Building. The
Boiler must be fueled two to four times per day depending on weather conditions.
Between November 2002 and April 2007, Respondent Berkebile and Supervisor
Samuel Donia ( "Donia ") were the individuals who primarily fueled the Boiler each winter.
The task of maintaining the Boiler system was considered a manual task. During
weekdays, Township road crew employees maintained and fueled the Boiler system.
Township road crew personnel were provided the opportunity to complete the task of
fueling the Boiler on Fridays, Saturdays, and Sundays in exchange for the receipt of
compensatory time but declined the opportunity. Berkebile and Donia assumed the
Berkebile, 07 -072
Page 18
responsibility of fueling the Boiler because no other individuals were willing or available to
maintain the Boiler system.
From November 2002 through March 2007, Berkebile claimed overtime/
compensatory time in association with fueling the Boiler on Fridays, weekends, and
various holidays. Berkebile maintained the Boiler system in his position as a roadmaster
and not as a Supervisor. The accumulation of compensatory time in relation to
maintenance of the Boiler system was a long -term practice of Township employees that
was approved by the Board. Berkebile also claimed overtime /compensatory time for
plowing snow, road checks, and other road crew activities such as call -outs and cutting
fallen trees.
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 no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a)
occurred in relation to Berkebile's use of authority of his
public position for a private pecuniary gain by claiming
and approving compensation for meeting pay not
related to Board of Supervisors meetings, in that there
is insufficient evidence to support this allegation.
b. 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 Berkebile's claim and approval of
compensation for his attendance at state conventions in
excess of his actual compensation [due].
c. 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 Berkebile's receipt of expense
reimbursements for attendance at state conventions in
excess of actual expenses incurred; and
d. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a)
occurred when Berkebile claimed and approved
compensation as roadmaster for his responsibilities as
Township Supervisor.
4. Berkebile agrees to make payment in the amount of $2,500.00 in
settlement of this matter payable to Quemahoning Township 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
Berkebile, 07 -072
Page 19
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 1 -2.
As for the allegation that Berkebile violated Section 1103(a) of the Ethics Act when
he used the authority of his public position for a private pecuniary gain by claiming and
approving compensation for himself for meeting pay not related to Board meetings, the
record before us does not present any factual basis to support that allegation.
Accordingly, we hold that no violation of Section 1103(a) of the Ethics Act occurred in
relation to Berkebile's alleged use of authority of his public position for a private pecuniary
gain by claiming and approving compensation for meeting pay not related to Board
meetings, based upon an insufficiency of evidence.
In considering the first recommended violation proposed by the Consent Agreement,
we agree with the parties' recommendation that a violation of Section 1103(a) of the Ethics
Act occurred in relation to Berkebile's claim and approval of compensation for his
attendance at state conventions in excess of his actual compensation due. There were
uses of authority of office by Berkebile. But for the fact that Berkebile was a Supervisor,
he would not have been in a position to vote to approve the Supervisors' attendance at the
Conventions, submit expense reports to the Township for the 2003 through 2006
Conventions that included claims for unauthorized overtime wages, and vote to approve
monthly bills and co -sign Township checks payable to himself that included said
unauthorized overtime wages. Such uses of authority of office resulted in pecuniary
benefits to Berkebile consisting of payment of total overtime wages of $1,437 in relation to
his attendance at the 2003 through 2006 Conventions. Further, the pecuniary benefits
were private. There was no authorization in law permitting Berkebile to receive overtime
wages in addition to wages lost for normal work days and hours missed in relation to his
attendance at the aforesaid Conventions.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in
relation to Berkebile's claim and approval of compensation for his attendance at state
conventions in excess of his actual compensation due.
Turning to the second recommended violation of Section 1103(a) of the Ethics Act,
Berkebile used the authority of office by submitting expense reports to the Township
claiming excess mileage reimbursement for each Convention from 2003 through 2007, and
by voting to approve monthly bills and co- signing Township checks payable to himself that
included said mileage reimbursement. Such uses of authority of office resulted in
pecuniary benefits to Berkebile consisting of payment of excess mileage reimbursement in
relation to his attendance at the aforesaid Conventions while simultaneously receiving a
monthly vehicle allowance from the Township for use of his personal four -wheel drive
vehicle for Township - related business. Further, the pecuniary benefit was private. There
was no authorization in law permitting Berkebile to receive such excess mileage
reimbursement. See, 53 P.S. § 66402(g)(1).
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in
relation to Berkebile's receipt of expense reimbursements for attendance at state
conventions in excess of actual expenses incurred.
Lastly, we accept the parties' recommendation that under the stipulated Fact
Findings, no violation of Section 1103(a) of the Ethics Act occurred in relation to the
allegation that Berkebile claimed and approved compensation as a roadmaster for his
responsibilities as a Township Supervisor. From November 2002 through March 2007,
Berkebile claimed overtime /compensatory time in association with fueling the Boiler on
Fridays, weekends, and various holidays. Berkebile maintained the Boiler system in his
Berkebile, 07 -072
Page 20
position as a roadmaster and not as a Supervisor. Berkebile also claimed
overtime /compensatory time for plowing snow, road checks, and other road crew activities
such as call -outs and cutting fallen trees. There is no basis in the stipulated Fact Findings
for concluding that Berkebile claimed and approved compensation to himself as a
roadmaster for performing his responsibilities as a Supervisor.
Accordingly, based upon the stipulated Fact Findings, we hold that no violation of
Section 1103(a) of the Ethics Act occurred in relation to the allegation that Berkebile
claimed and approved compensation as a roadmaster for his responsibilities as a
Township Supervisor.
As part of the Consent Agreement, Berkebile has agreed to make payment in the
amount of $2,500 payable to the Township and forwarded to this Commission within thirty
(30) 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, Berkebile is directed to
make payment in the amount of $2,500 payable to the Township and forwarded to this
Commission by no later than the thirtieth (30) day after the mailing date 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 Quemahoning Township ( "Township ") from January 7, 2002,
until January 7, 2008, Respondent Ronald Berkebile ( "Berkebile ") 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. No violation of Section 1103(a) of the Ethics Act occurred in relation to Berkebile's
alleged use of authority of his public position for a private pecuniary gain by
claiming and approving compensation for meeting pay not related to Township
Board of Supervisors meetings, based upon an insufficiency of evidence.
3. A violation of Section 1103(a) of the Ethics Act occurred in relation to Berkebile's
claim and approval of compensation for his attendance at state conventions in
excess of his actual compensation due.
4. A violation of Section 1103(a) of the Ethics Act occurred in relation to Berkebile's
receipt of expense reimbursements for attendance at state conventions in excess of
actual expenses incurred.
5. No violation of Section 1103(a) of the Ethics Act occurred in relation to the
allegation that Berkebile claimed and approved compensation as a roadmaster for
his responsibilities as a Township Supervisor.
In Re: Ronald Berkebile,
Respondent
ORDER NO. 1488
File Docket: 07 -072
Date Decided: 9/22/08
Date Mailed: 10/10/08
1 Ronald Berkebile ( "Berkebile "), a public official in his capacity as a Supervisor for
Quemahoning Township ( "Township ") from January 7, 2002, until January 7, 2008,
did not violate Section 1103(a) of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to his alleged use of authority of his
public position for a private pecuniary gain by claiming and approving
compensation for meeting pay not related to Township Board of Supervisors
meetings, based upon an insufficiency of evidence.
2. A violation of Section 1103(a) of the Ethics Act occurred in relation to Berkebile's
claim and approval of compensation for his attendance at state conventions in
excess of his actual compensation due.
3. A violation of Section 1103(a) of the Ethics Act occurred in relation to Berkebile's
receipt of expense reimbursements for attendance at state conventions in excess of
actual expenses incurred.
4. No violation of Section 1103(a) of the Ethics Act occurred in relation to the
allegation that Berkebile claimed and approved compensation as a roadmasterfor
his responsibilities as a Township Supervisor.
5. Per the Consent Agreement of the parties, Berkebile is directed to make payment in
the amount of $2,500 payable to_ the Township and forwarded to this Commission
by no later than the thirtieth (30 day after the mailing date of this Order.
6. Compliance with Paragraph 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