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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