HomeMy WebLinkAbout1495 LenhartIn Re: Charles Lenhart,
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 -084
Order No. 1495
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." 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.
Lenhart, 07 -084
Page 2
I. ALLEGATIONS:
That Charles Lenhart, a public official /public employee in his capacity as a
Supervisor of Lynn Township, Lehigh 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 office for
private pecuniary gain when he used township property to store and /or dispose of personal
property, including, but not limited to, abandoned vehicles, appliances, scrap metal, and
garbage; when he stored personal vehicles and other belongings inside the township
garage; and when he removed recyclable material from township property while on
township time and retained cash received from the sale of those items for salvage.
II. FINDINGS:
1. Charles Lenhart served as a Supervisor for Lynn Township, Lehigh County, from
January 1996 until December 2007.
a. Lenhart was appointed and held the position of Township Roadmaster from
January 1996 until December 2005.
b. Lenhart held the position of Township Road Laborer in 2006.
c. Lenhart was not appointed to any employment position by the Board of
Supervisors in 2007.
2. Lenhart held the position of Road Laborer for Lynn Township prior to being elected
Supervisor from January 1982 until December 1995.
3. Lynn Township is a second -class township governed by a three - member Board of
Supervisors.
a. Supervisors receive $156.25 gross pay per meeting as payment for services
in their Supervisor capacity.
1. Regular and workshop meetings are held once per month.
b. The Supervisors are not required to be present at the meetings to be
compensated.
4. From 2001 through 2006, Lenhart, Bruce Raber, and Joseph Wisser made up the
Township road crew, with Joe Howard joining in June of 2006.
a. The normal work hours were 6:00 a.m. to 3:30 p.m. Monday through
Thursday and 6:00 a.m. to 10:00 a.m. on Friday.
b. The Township road crew normally worked together as a group.
5. Lynn Township utilized timesheets to document the specific days and total hours
worked by Lenhart and the Township employees.
a. The timesheets listed the employee's name, job title, hours worked and
employee signature.
b. The timesheets were filed on a monthly basis until March 2006 when they
were changed to a bi- weekly basis.
6. Lenhart was replaced by the Board of Supervisors as the Township Roadmaster by
Bruce Raber beginning in January 2006.
Lenhart, 07 -084
Page 3
a. Lenhart was appointed a roadworker /employee by the Township in 2006.
7 Minutes of the Reorganizational Meeting for the Lynn Township Board of
Supervisors [on] January 3, 2006, document the appointment of Lenhart as an
employee of the Township.
a. David (Najarian) made the motion to allow Township Supervisor Charlie
Lenhart to perform any type of work allowable under the Second Class
Township Code. Tom (Creighton) seconded. The motion passed by oral
unanimous vote.
8. Minutes of the Reorganization Meeting for the Lynn Township Board of Auditors
[on] January 4, 2006, document the compensation that was approved for Charles
Lenhart either as a Roadmaster or as an employee of the Township.
Position Hourly Rate Approved
If Appointed as Roadmaster $17.50
If not Appointed as Roadmaster $17.25
9. Lenhart's position as Road Laborer in 2006 was classified as Maintenance
Operator 111.
10. The job description of Maintenance Operator 111 was as follows:
a. Must show leadership ability and occasionally instruct or direct work of
others in the absence of a higher classified worker or Roadmaster.
b. Individual must posses special skills in maintenance — Example: welding,
knowledge of vehicle maintenance, small engine repair.
c. Record keeping.
d. Manual labor.
e. Paving and patching streets and related work.
f. Cleaning clogged storm sewers.
g. Snow plowing.
h. Routine and preventative maintenance of Township vehicles.
Mowing grass and related work.
j. Ability to operate all types of trucks and /or such special purpose vehicles as
rollers, front -end loaders, tractors, graders, bulldozer, etc.
k. Additional duties may be added from time to time.
11. In or around January 2006, accumulated scrap was found on the property of Lynn
Township.
a. It included a large amount of miscellaneous furniture, vehicles, various scrap
metal, an RV, TVs and junk.
b. A motorcycle and motors were found inside the Township garage.
Lenhart, 07 -084
Page 4
12. In January 2006, Lenhart acknowledged the majority of the materials on the
Township property were his possessions.
a. Lenhart was directed by the Board of Supervisors to remove the scrap and
personal materials from the Township property.
b. Lenhart was to remove the material on his own time and not on Township
time nor at Township expense.
13. Lenhart removed the personal property and scrap during the normal working hours
of the Township road crew.
a. Lenhart did spend a portion of the normal work day completing Township
work projects.
14. By February 2006, Lenhart had removed his personal property and scrap from on
and around the property of Lynn Township.
15. On January 9, 10, 12, and 16, 2006, Lenhart picked up his personal property and
scrap from the Township grounds and delivered it to J.W. Zaprazny, Inc. in New
Ringgold, Pennsylvania.
a. J.W. Zaprazny, Inc. is involved in the wholesale business of buying and
selling scrap and waste material.
b. J.W. Zaprazny, Inc. is open daily from 8:30 a.m. to 5:00 p.m. and Saturday
8:00 a.m. to 11:00 a.m.
1. The days and hours Lenhart delivered the scrap material to J. W.
Zaprazny, Inc. were times when Lenhart was working for the
Township.
16. The following is the description of the scrap material Lenhart delivered to J. W.
Zaprazny, Inc. and the amount he was paid.
Ticket
Date Number Description Amount
01 -09 -06 1786 Red High Sierra P/U $135.90
01 -10 -06 1834 Diesel Motors $140.70
01 -12 -06 1915 Wheels $ 42.40
01 -16 -06 2020 Tin $117.00
Total - $436.00
17. Lenhart received the following payments from J.W. Zaprazny, Inc. drawn on an
account from Wachovia Bank for the scrap material that was delivered by Lenhart:
Check Date Check Number Check Amount
01 -10 -06 38846 $276.60
01 -12 -06 38948 $ 42.40
01 -17 -06 39111 $117.00
Total - $436.00
a. Lenhart did not make any reimbursements to Lynn Township for the scrap
material that was collected from the Township grounds.
18. In January 2006, Lenhart was compensated for 36.0 hours at his hourly rate as a
Lenhart, 07 -084
Page 5
Road Laborer for Lynn Township when a portion of that time was dedicated to the
removal of personal property and scrap material from Township property that was
delivered to J.W. Zaprazny, Inc.
Date
Worked Date of Delivery to
For Township J.W. Zaprazny, Inc. Hours Claimed Hourly Wage
01 -09 -06 01 -09 -06 9.0 $17.25
01 -10 -06 01 -10 -06 9.0 $17.25
01 -12 -06 01 -12 -06 9.0 $17.25
01 -16 -06 01 -16 -06 9.0 $17.25
Total 36.0
a. Lenhart signed the timesheet verifying the hours he worked.
b. Lenhart did not identify on his timesheets what he did for the Township on
the days he made deliveries to J.W. Zaprazny, Inc.
c. Lenhart claimed hours worked as a road employee for removal of his
personal salvage even though he was directed by the Board of Supervisors
to do the clean -up on his own time.
d. Lenhart was paid $621.00 (36 hrs @ $17.25/hr) by the Township when a
portion of that time was spent for removal of his personal salvage from
Township property.
19. Prior to March 2006, payroll was issued to Lynn Township employees on a monthly
basis.
a. Payroll was approved at regular monthly meetings.
b. The motion to approve payroll was incorporated along with the motion to
approve the monthly bills.
20. Voting at Lynn Township meetings occurs by a yes /no vote.
a. Voting on ordinances and routine monthly issues such as the approval of
minutes and monthly bills and payroll occurs in a group yes /no fashion.
1. Any abstentions or objections made during the group vote are
specifically noted in the minutes.
21. Signature authority over Township checks in 2006 was vested with the Treasurer,
Assistant Secretary, and all three Supervisors.
a. Township checks required [signatures of two of the aforesaid individuals].
b. Signatures on Township checks were either live or stamped signatures.
22. Lenhart participated in actions as a Township Supervisor approving the monthly
payroll in February 2006 and signing the payroll check issued to him for hours
claimed as a Road Laborer for performing duties related to the removal of personal
property and scrap material.
Date Check Check Lenhart's Vote Lenhart Signs
Worked Date Number Approving Payroll As Signatory
01 -09 -06 02 -02 -06 11 Yes Yes
Lenhart, 07 -084
Page 6
01 -10 -06 02 -02 -06 11 Yes Yes
01 -12 -06 02 -02 -06 11 Yes Yes
01 -16 -06 02 -02 -06 11 Yes Yes
23. As the Roadmaster from 2001 through 2005, Lenhart had supervisory responsibility
over two (2) full time employees and was responsible for maintaining the Township
garages, equipment, and road.
24. The property of Lynn Township included two garages for the storage of supplies
and equipment to be used by Lynn Township.
a. Lynn Township did not make storage space available to the general public.
25. From approximately November 2002 through January 2006, Charles Lenhart's
personally owned items, including but not limited to a motorcycle and snowmobile,
were stored at the Lynn Township Garage.
a. The snowmobile was stored in the garage during the spring and summer
months.
1. Lenhart kept the snowmobile at his residence during the fall and
winter months.
b. Lenhart's personally owned items were stored in an enclosed area of the
garage where Lynn Township equipment and tools were stored.
26. Records of the Pennsylvania Department of Motor Vehicles confirmed that a
motorcycle was registered to Charles E. Lenhart, III and his wife, Stacey A. Lenhart.
Vehicle License Registration
a. 1984 Honda Motorcycle 5TC3C 02/01
27. Lenhart stored the 1984 Honda Motorcycle at the Lynn Township Garage from
approximately November 2002 through January 2006.
a. It was seen on a daily basis by the Township road crew at the garage.
28. Records from the Pennsylvania Department of Conservation and Natural Resources
confirmed that a snowmobile was registered to Charles E. Lenhart, III.
Registration
Vehicle Registration Expiration
a. 1980 Polaris Centurion
500 Snowmobile FF0095
06/30/05
29. Lenhart's personal items stored in the Lynn Township garage were not needed or
used by the Lynn Township Road Department.
30. Lenhart was not provided with any written authorization to store the motorcycle or
snowmobile at the Township garage by the Board of Supervisors.
a. Minutes of the Lynn Township Board of Supervisors do not include any
discussion or official actions taken to approve the storage of Lenhart's
personal property.
Lenhart, 07 -084
Page 7
b. No authorization was given by the Board of Supervisors to Lenhart to store
the motorcycle and snowmobile at the Township garage.
31. Stor -Mor Self Storage is located in close proximity to the Lynn Township Garage.
a. This facility rents indoor and outdoor storage space to the general public.
b. As of 2003, the rates for enclosed space sufficient to house a motorcycle
and /or a snowmobile were as follows:
1. 5' x 10' $ 40.00 /month (Motorcycle & Snowmobile)
32. Lenhart received a private pecuniary gain of at least $1,520.00 for the storage of
his motorcycle and snowmobile at the Lynn Township Garage from November 2002
through January 2006.
a. $40.00 per month for 5' x 10' storage space for a period of 20 months that
only included the motorcycle:
Year Length of Time
1. 2002 November - December
2. 2003 January — December
3. 2004 January — December
4. 2005 January — December
Number
of Months Cost
2 months $ 80.00
6 months $ 480.00
6 months $ 480.00
6 months $ 480.00
Total $1,520.00
33. In November 2002, Township Supervisor Janice Schaeffer requested that Lenhart
remove the motorcycle from the Township garage.
a. Lenhart did not comply with Schaffer's request to remove the motorcycle.
34. Lenhart took it upon himself to store his personal items at the Lynn Township
Garage.
a. Lenhart's personal items in the Township garage became an obstacle to the
Township employees in maneuvering Township equipment in or around the
garage.
35. Lenhart did not remove the personal items from the Township garage until he was
directed to do so by the Lynn Township Board of Supervisors in January 2006.
36. Lenhart received a private pecuniary benefit of $1,520.00 for the storage of
personal equipment in the Township garage and the removal of personal property
and scrap while on Township time.
a. Storage of personal equipment. $ 1,520.00
b. Removal of personal property and scrap $ (621.00)
during normal working hours
of Township road crew (undeterminable
portion of time was spent while
conducting Township projects).
Lenhart, 07 -084
Page 8
b. Money received from sale of scrap
that was on Township property
(scrap was property of Lenhart).
d. Total
$ (436.00)
$ 1,520.00
III. DISCUSSION:
As a Supervisor for Lynn Township ( "Township "), Lehigh County, from January 1996
until December 2007, Respondent Charles Lenhart, hereinafter also referred to as
"Respondent," "Respondent Lenhart," and " Lenhart," 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 Lenhart violated Section 1103(a) of the Ethics Act when he
used the authority of his office as a Township Supervisor for private pecuniary gain: (1)
when he used Township property to store and /or dispose of personal property, including
but not limited to, abandoned vehicles, appliances, scrap metal, and garbage; (2) when he
stored personal vehicles and other belongings inside the Township garage; and (3) when
he removed recyclable material from Township property while on Township time and
retained cash received from the sale of those items for salvage.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
Lenhart, 07 -084
Page 9
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.
The Township Board of Supervisors ( "Board of Supervisors ") consists of three
Members. Respondent Lenhart served as a Township Supervisor from January 1996 until
December 2007. Respondent served as Township Roadmaster from January 1996 until
December 2005. Respondent was employed as a Township road laborer in 2006.
Respondent did not hold an employment position with the Township in 2007.
From 2001 through 2006, the normal work hours of the Township road crew were
from 6:00 a.m. to 3:30 p.m. Monday through Thursday, and from 6:00 a.m. to 10:00 a.m. on
Friday.
We shall first review the Fact Findings pertaining to Respondent's use of Township
property to store and /or dispose of personal property, including but not limited to,
abandoned vehicles, appliances, scrap metal, and garbage.
In or around January 2006, accumulated scrap was found on Township property.
Such scrap included a large amount of miscellaneous furniture, vehicles, various scrap
metal, an RV, TVs and junk. A motorcycle and motors were found inside the Township
garage.
In January 2006, Respondent acknowledged that the majority of the materials on
the Township property were his possessions. Respondent was directed by the Board of
Supervisors to remove the scrap and personal materials from the Township property.
Respondent was to remove the material on his own time and not on Township time or at
Township expense.
By February 2006, Respondent had removed his personal property and scrap from
on and around the Township property.
We shall next review the Fact Findings pertaining to Respondent's removal of
recyclable material from Township property while on Township time and his retention of
cash received from the sale of those items for salvage.
As noted above, in or around January 2006, Respondent was directed by the Board
of Supervisors to remove his scrap and personal materials from the Township property.
Respondent was to remove the material on his own time and not on Township time or at
township expense.
On January 9, 10, 12, and 16, 2006, Respondent picked up his personal property
and scrap from the Township grounds and delivered it to J.W. Zaprazny, Inc. in New
Ringgold, Pennsylvania, during the normal working hours of the Township road crew.
J.W. Zaprazny, Inc. is involved in the wholesale business of buying and selling scrap and
waste material. The days and hours Respondent delivered the scrap material to J. W.
Zaprazny, Inc. were times when Respondent was supposed to be working for the
Township.
Fact Finding 16 details the scrap material Respondent delivered to J. W. Zaprazny,
Inc. and the amount he was paid. The total amount that Respondent received from J. W.
Zaprazny, Inc. for such scrap material was $436.00. Respondent retained the payments
he received from J. W. Zaprazny, Inc. for the aforesaid scrap material.
Lenhart, 07 -084
Page 10
Respondent was paid $621.00 (36 hrs @ $17.25 per hour) by the Township as a
road laborer for January 9, 10, 12, and 16, 2006, when a portion of that time was spent for
removal of Respondent's personal salvage from Township property and deliveries of such
material to J. W. Zaprazny, Inc. The precise portion of Respondent's aforesaid
compensation that was attributable to removing Respondent's personal salvage from the
Township property was not quantified.
Respondent signed the Township timesheet verifying the hours he worked on the
aforesaid days. Respondent claimed hours worked as a road employee for removal of his
personal salvage even though he was directed by the Board of Supervisors to do the
cleanup on his own time.
Respondent participated in actions as a Township Supervisor to approve the
monthly payroll in February 2006, which payroll included the aforesaid hours in January
2006 that Respondent spent removing his personal salvage from Township property.
Respondent also signed, as a Township signatory, the payroll check issued to him for
those hours.
Finally, we shall review the facts pertaining to Respondent's storage of personal
vehicles and other belongings inside the Township garage.
From 2001 through 2005, in his capacity as the Township Roadmaster, Respondent
had supervisory responsibility over two full time employees and was responsible for
maintaining the Township garages and equipment. The Township had two garages for the
storage of supplies and equipment to be used by the Township. The Township did not
make storage space available to the general public.
From approximately November 2002 through January 2006, Respondent stored
personal items, including but not limited to a motorcycle and a snowmobile, at the
Township garage. The snowmobile was stored in the garage during the spring and
summer months. Respondent kept the snowmobile at his residence during the fall and
winter months. The motorcycle, which was registered to Respondent and his wife, was
stored at the Township garage from approximately November 2002 through January 2006.
Respondent's personal items were stored in an enclosed area of the garage where the
Township equipment and tools were stored. Respondent's personal items stored in the
Township garage were not needed or used by the Township Road Department and
became an obstacle to the Township employees in maneuvering Township equipment in or
around the garage. No authorization was given by the Board of Supervisors to
Respondent to store the motorcycle and snowmobile at the Township garage.
The parties have stipulated that Respondent received a private pecuniary benefit of
at least $1,520.00 for the storage of his motorcycle and snowmobile at the Township
Garage during the time period from November 2002 through January 2006 (with the
snowmobile being stored part of that time).
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in relation to
the above allegations:
a. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. §1103(a)
occurred in relation to Lenhart's use of township
Lenhart, 07 -084
Page 11
property for storage of his personal property and /or
disposal of abandoned vehicles, appliances, scrap
metal and garbage; and
b. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. §1103(a)
occurred when Lenhart used the township garage for
storage of his personal vehicles and other belongings;
and
c. That a violation of Section 1103(a) of the Public Official
and Employee Ethics Act, 65 Pa.C.S. §1103(a)
occurred when Lenhart removed recyclable material
from township property during the normal work hours of
the township road crew; [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 Lenhart retained cash received from the
sale of recyclable material from township property, in
that the items were his to sell.
4. Lenhart agrees to make payment in the amount of $1,420.00 in
settlement of this matter. Said settlement amount is to be made in
monthly payments of $118.33 per month for twelve (12) months, made
payable to the Commonwealth of Pennsylvania 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. Lenhart agrees to not accept any reimbursement,
compensation or other payment from the Township of Lynn
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 1 -2.
In considering the first recommended violation proposed by the Consent Agreement,
we determine that Respondent used the authority of his public position as a Township
Supervisor when he used Township property to store and /or dispose of his personal
property in the nature of abandoned vehicles, appliances, scrap, metal and garbage. But
for being a Township Supervisor, Respondent would not have been in a position to store or
dispose of such items on Township property.
The Stipulated Fact Findings do not expressly state the amount of the private
pecuniary benefit that Respondent received as a result of storing these particular items on
Township property. However, it would appear from the Consent Agreement that the parties
are in agreement that the private pecuniary benefit was not de minimis.
Accordingly, per the Consent Agreement of the parties, we hold that a violation of
Lenhart, 07 -084
Page 12
Section 1103(a) of the Ethics Act occurred in relation to Respondent's use of Township
property for the storage and /or disposal of Respondent's personal property in the nature of
abandoned vehicles, appliances, scrap metal and garbage.
We further accept the parties' recommendation that a violation of Section 1103(a) of
the Ethics Act occurred when Respondent removed recyclable material from Township
property during the normal work hours of the Township road crew.
As noted above, in or around January 2006, Respondent was directed by the Board
of Supervisors to remove his scrap and personal materials from the Township property on
his own time and not on Township time or at township expense.
Respondent claimed hours worked as a road employee for removal of his personal
salvage even though he was directed by the Board of Supervisors to do the cleanup on his
own time. On January 9, 10, 12, and 16, 2006, Respondent picked up his personal
property and scrap from the Township grounds and delivered it to J.W. Zaprazny, Inc. in
New Ringgold, Pennsylvania, during the normal working hours of the Township road crew.
Respondent was paid $621.00 (36 hrs @ $17.25 per hour) by the Township as a
road laborer for January 9, 10, 12, and 16, 2006, when a portion of that time was spent for
removal of Respondent's personal salvage from Township property and deliveries of such
material to J. W. Zaprazny, Inc.
Respondent used the authority of his public office when he participated in actions
as a Township Supervisor to approve the monthly payroll in February 2006, which payroll
included the aforesaid hours in January 2006 that Respondent spent removing his
personal salvage from Township property. Respondent also used the authority of office
when he signed, as a Township signatory, the payroll check issued to him for those hours.
The precise portion of Respondent's aforesaid compensation that was attributable
to removing Respondent's personal salvage from the Township property was not
quantified.
We are mindful of the judicial decision in Bixler v. State Ethics Commission, 847
A.2d 785 (Pa. Cmwlth. 2004) (holding that a net profit in the amount of $561.77 resulting
from business transactions between a township supervisor's employer and the township
would fall within the "de minimis" exclusion to the definition of "conflict of interest "). If the
parties had not determined to enter into a Consent Agreement, we would have been
presented with factual and legal issues as to whether, under the circumstances of this
case, Bixler would apply as to the aforesaid compensation received by Respondent.
However, given: (1) that the parties have entered into a comprehensive Consent
Agreement with benefit of legal counsel; and (2) the parties are in agreement that a
violation of Section 1103(a) as to the actions by Respondent with regard to the aforesaid
compensation received from the Township would be appropriate as part of an overall
settlement of this case, we shall accept the parties' proposed disposition. We note that
this determination in this case based upon the agreement of the parties should not be
considered as precedent for other cases, which would be determined based upon their
own facts and circumstances.
Accordingly, per the Consent Agreement of the parties, we hold that a violation of
Section 1103(a) of the Ethics Act occurred when Respondent removed recyclable material
from Township property during the normal work hours of the Township road crew.
Clearly no violation of Section 1103(a) of the Ethics Act occurred when Respondent
retained cash received from the sale of recyclable material from Township property, in that
the items were his to sell.
Lenhart, 07 -084
Page 13
Finally, we agree with the parties that a violation of Section 1103(a) of the Ethics
Act occurred when Respondent used the Township garage for storage of his personal
vehicles and other belongings. But for his public position with the Township, Respondent
would not have been in a position to store his motorcycle, snowmobile and other personal
belongings in the Township garage.
The parties have stipulated that Respondent received a private pecuniary benefit of
at least $1,520.00 for the storage of his motorcycle and snowmobile at the Township
garage during the time period from November 2002 through January 2006 (with the
snowmobile being stored part of that time).
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred
when Respondent used the Township garage for storage of his personal vehicles and
other belongings. Cf., Wilfonq, Order 1191; Brooks, Order 1049; Rakowsky, Order 744.
As part of the Consent Agreement, Respondent has agreed to make payment in the
amount of $1,420.00 in settlement of this matter, with said amount to be paid in monthly
payments of $118.33 per month for twelve (12) months, made payable to the
Commonwealth of Pennsylvania and forwarded to this Commission, and with the first
payment due within thirty (30) days of the issuance of the final adjudication in this matter.
Additionally, Respondent has 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, Respondent is directed to make payment in the amount of $1,420.00,
with said amount to be paid in monthly payments of $118.33 per month for twelve (12)
months, made payable to the Commonwealth of Pennsylvania and forwarded to this
Commission, and with the first payment due by no later than the thirtieth (30 day after the
mailing date of this adjudication and Order.
Per the Consent Agreement of the parties, Respondent 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.
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 Lynn Township ( "Township "), Lehigh County, from January
1996 until December 2007, Respondent Charles Lenhart ( "Lenhart ") 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. Lenhart violated Section 1103(a) of the Ethics Act when he used Township property
for the storage and /or disposal of his personal property in the nature of abandoned
vehicles, appliances, scrap metal and garbage.
3. Lenhart violated Section 1103(a) of the Ethics Act when he removed recyclable
material from Township property during the normal work hours of the Township road
Lenhart, 07 -084
Page 14
crew.
4. Lenhart did not violate Section 1103(a) of the Ethics Act when he retained cash
received from the sale of recyclable material from Township property, in that the
items were his to sell.
5. Lenhart violated Section 1103(a) of the Ethics Act when he used the Township
garage for storage of his personal vehicles and other belongings.
In Re: Charles Lenhart,
Respondent
ORDER NO. 1495
File Docket: 07 -084
Date Decided: 9/22/08
Date Mailed: 10/10/08
1 Charles Lenhart ( "Lenhart "), a public official in his capacity as a Supervisor for Lynn
Township ( "Township "), Lehigh County, from January 1996 until December 2007,
violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics
Act "), 65 Pa. C. S. § 1103(a), when he used Township property for the storage and /or
disposal of his personal property in the nature of abandoned vehicles, appliances,
scrap metal and garbage.
2. Lenhart violated Section 1103(a) of the Ethics Act when he removed recyclable
material from Township property during the normal work hours of the Township road
crew.
3. Lenhart did not violate Section 1103(a) of the Ethics Act when he retained cash
received from the sale of recyclable material from Township property, in that the
items were his to sell.
4. Lenhart violated Section 1103(a) of the Ethics Act when he used the Township
garage for storage of his personal vehicles and other belongings.
5. Lenhart is directed to make payment in the amount of $1,420.00, with said amount
to be paid in monthly payments of $118.33 per month for twelve (12) months, made
payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania
State Ethic Commission, and with the first payment due by no later than the
thirtieth (30 day after the mailing date of this Order.
6. Per the Consent Agreement of the parties, Lenhart 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.
7 Compliance with Paragraphs 5 and 6 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