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HomeMy WebLinkAbout1490 DoniaIn Re: Samuel Donia, 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 -073 Order No. 1490 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 Stipulation of Findings is 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. Donia, 07 -073 Page 2 I. ALLEGATIONS: That Sam Donia, 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 the private pecuniary gain of himself and /or a member of his immediate family by claiming and receiving extra compensation for attending state conventions; when [he] claimed and received excess expenses for attending state conventions; when he claimed and approved compensation to himself as roadmaster for his responsibilities as Township Supervisor; and when he participated in actions of the Board of Supervisors to hire his wife as Township Secretary and participated in approving compensation for her. II. FINDINGS: 1. Samuel Donia served as a Supervisor for Quemahoning Township, Somerset County, from January 7, 1980, until December 10, 2007. a. Donia served as the Chairman of the Board [of Supervisors] from approximately January 1984 to December 2007. b. Donia resigned as a township supervisor and roadmaster /road superintendent in December 2007 due to health concerns. 1. Donia's resignation was accepted at the December 10, 2007, regular supervisors meeting. 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[s] 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. Donia, 07 -073 Page 3 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 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 Donia's last five years of service on the Board. 1. Various part -time employees were retained as needed. 8. Donia was appointed as a full -time township roadmaster annually during his entire length of service as a township supervisor with the exception of Donia's first year in office. a. Donia worked as a part -time roadmaster in 1980. 9. Donia was also appointed to and served in the position of road superintendent in various years during his tenure as a township supervisor. a. Donia specifically served in the road superintendent position from at least January 2002 to December 2007. 10. Quemahoning Township supervisors' reorganization meeting minutes from 2002 through 2007 document Donia's annual appointment as roadmaster and road superintendent, 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 Donia's appointment as the spokesman to the auditors regarding supervisors' requests from 2002 through 2007. c. Minutes note Donia voting affirmatively in the Board's action requesting compensation from 2002 through 2007. 11. Quemahoning Township Board of Auditors reorganization minutes document Donia's hourly rate from 2002 through 2007 as approved by the township auditors as shown below: Auditors Reorganization Date Donia's Hourly Rate Approved January 8, 2002 $17.00 Donia, 07 -073 Page 4 Auditors Reorganization Date January 7, 2003 January 6, 2004 January 4, 2005 January 4, 2006 January 3, 2007 Donia's Hourly Rate Approved $18.00 $20.00 $21.00 $21.50 $21.50 a. Donia received a $1.00 per hour cost of living increase in 2004 as well as a $1.00 per hour longevity increase instituted by the auditors in 2003. 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. 12. 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. Donia received the monthly vehicle allowance from at least June 2002 through November 2007. 13. 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. 14. As the road superintendent, Donia was 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. 15. 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 Donia, 07 -073 Page 5 four hours of time. aa. Call -outs lasting longer than four hours resulted in road crew employees receiving hours in the actual amount worked. b. Supervisors employed as roadmasters are expected to work the same schedule as the road crew. 16. 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. 17. 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. Donia's signature is present on the policy notice. 18. 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 is an accepted past practice at Quemahoning Township. b. Donia's approval was required for any such payout prior to issuance. 19. 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. Donia, 07 -073 Page 6 20. PSATS sponsors an annual conference held at The Hershey Lodge & Convention 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. 21. 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. 22. 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 23. Approvals for attendance, expenses, and mileage were formally voted on at each year's respective reorganization meeting. a. Donia voted affirmatively to approve the Board's attendance, expenses, and mileage reimbursements at each year's respective reorganization meeting. 24. 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. 25. 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. 26. Supervisor attendance at the annual PSATS convention is documented by way of an Official Delegate's Attendance Certification. 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/ $270.00 0/ $0.00 0/ $0.00 0/ $0.00 10/ $270.00 2004 10/ $300.00 2/ $60.00 2/ $60.00 2/ $60.00 16/ $480.00 2005 10/ $315.00 2/ $63.00 2/ $63.00 2/ $63.00 16/ $504.00 2006 10/ $322.50 2/ $64.50 2/ $64.50 2/ $64.50 16/ $516.00 Total 58/ $1,770.00 Donia, 07 -073 Page 7 a. PSATS representatives issue the Attendance Certifications to township delegates on the last day of the conference. b. Donia's Attendance Certification 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. Donia's signature is present on all Attendance Certifications from 2003 through 2007. 27. 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. 28. Donia'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. Donia, 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. 29. Donia claimed approximately fifty -eight hours of overtime totaling $1,770.00 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. Donia 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. Donia 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 [on] Monday, Tuesday, and Wednesday. Year Miles Claimed Per Mile Rate Total $211.32 2003 587.0 $0.36 2004 587.0 $0.37 $217.19 2005 592.0 $0.40 $236.80 2006 506.0 $0.44 $222.64 2007 430.0 $0.485 $208.55 Total $1,096.50 Check Number Check Date Check Amount Payee 1914 04/24/03 $500.00 Donia 2294 04/26/04 $600.00 Donia 2720 04/25/05 $600.00 Donia 3098 04/24/06 $600.00 Donia 3527 04/30/07 $600.00 Donia Donia, 07 -073 Page 8 30. Donia currently owns a 2003 Ford four -wheel drive truck, a 1993 Chrysler Sedan, and a 2002 Ford Sedan. a. All three vehicles are registered in the name of Donia and Linda Donia. 1. Linda Donia is Donia's spouse. b. Donia's 2003 Ford truck was titled in Donia's name on May 29, 2003. 1. Donia also owned a four -wheel drive truck prior to his 2003 Ford. 31. From at least June 2002 through November 2007, Donia received a monthly vehicle allowance from the township General Fund totaling a minimum of $37,700.00 for use of his personal four -wheel drive truck for township - related business. a. Donia 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 as shown below: 32. Although Donia received a vehicle reimbursement monthly for use of his personal vehicle for township business, Donia did not utilize his four -wheel drive truck to travel to the PSATS conventions from 2003 through 2007. a. Donia utilized a previously owned Ford Escort or his 1993 Chrysler sedan to travel to the PSATS conventions from 2003 through 2007. 33. Donia'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. Donia's PSATS expense reports for 2003 through 2006 documented the [same] number of miles claimed per individual convention as did Supervisor Ron Berkebile's expense report[s]. 1. Donia and Berkebile traveled in separate vehicles from separate starting points. 2. Donia and Berkebile did not always utilize separate vehicles for travel once in Hershey, Pennsylvania. Donia, 07 -073 Page 9 3. Donia and Berkebile did not always travel to the [same] locations while in Hershey, Pennsylvania for the conventions. 34. From 2003 through 2005, Donia had hotel accommodations at 4650 Lindle Rd., Harrisburg, PA 17111 for the PSATS conventions. a. In 2003, the hotel was known as the Harrisburg- Hershey Marriott while in 2004 and 2005, the hotel was known as the Wyndham Hotels and Resorts. b. 4650 Lindle Road, Harrisburg, Pennsylvania is approximately one hundred thirty -six miles (one way) from Stoystown, Pennsylvania. c. 4650 Lindle Road, Harrisburg, Pennsylvania is approximately eight miles (one way) from the Hershey Lodge & Convention Center. 35. In 2006 and 2007, Donia 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. 36. Donia 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. Legitimate Miles `,Actual Claimed Miles`, Difference 2003 336 587 251 2004 336 587 251 2005 336 592 256 2006 280 506 226 2007 280 430 150 a. Approximate legitimate 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 legitimate 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 Donia stayed at the convention center hotel in 2006 and 2007. 37. Donia utilized personal vehicles other than his 2003 Ford truck to travel to PSATS conventions from 2003 through 2007, claiming mileage in the amount of $1,096.50 in relation to travel expenses. a. Donia claimed mileage for travel to and from the convention at a time when he was already receiving a monthly vehicle reimbursement. 38. Donia 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: Check Number Check Date Check Amount Illegitimate Mileage Illegitimate Wages Total . ..... Illegitimate Payment 1881 04/10/03 $ 1,673.44 $ 211.32 $ 270.00 $ 481.32 2291 04/22/04 $ 2,005.33 $ 217.19 $ 480.00 $ 697.19 2717 04/21/05 $ 1,944.13 $ 236.80 $ 504.00 $ 740.80 3103 04/27/06 $ 2,106.47 $ 222.64 $ 516.00 $ 738.64 3531 04/30/07 $ 619.74 $ 208.55 - $ 208.55 TOTALS: $1,161.00 $2106.47 $1,096.50 $1,770.00 $2,866.50 Convention Date Mileage Meals Lodging Tolls Wages Total Check No. 04/06/03 - 04/09/03 $211.32 (587 x 0.36) $262.17 $383.35 $6.60 $810.00 $1,673.44 1881 04/18/04 - 04/21/04 $217.19 (587 x 0.37) $308.19 $393.35 $6.60 $1,080.00 $2,005.33 2291 04/17/05- 04/20/05 $236.80 (592 x 0.40) $168.48 $393.35 $11.50 $1,134.00 $1,944.13 2717 04/23/06 - 04/26/06 $222.64 (506 x 0.44) $350.34 $362.99 $9.50 $1,161.00 $2106.47 3103 04/22/07 - 04/25/07 $208.55 (430 x 0.485) $110.81 $290.88 $9.50 $0.00 $619.74 3531 Donia, 07 -073 Page 10 Expenses identified on the report were paid via lump sum check from the township General Fund for each respective year. 39. Donia submitted expense claims for unauthorized overtime wages and excessive mileage reimbursement on expense reports submitted for [the] 2003 through 2007 PSATS conventions totaling $2,866.50 as shown below: a. 40. Donia participated 'n actions as a township supervisor in approving monthly bills which included the payment /reimbursement of PSATS convention expenses and signed checks issued to himself. a. Supervisor Floyd Berkebile was absent from the April 2003, 2004, and 2005 meetings. 41. Donia maintains signature authority over three separate personal accounts (Accounts No. )000(811, )000(X230, and )0)000(X109) at a bank. a. Account numbers )0)(811 and )000(X230 are checking accounts. 1. Donia maintains sole signature authority over the accounts. b. Account number )00000(X109 is a savings account. 1. The account is a joint account with Donia and Linda Donia maintaining signature authority over the account. 42. Checks received by Donia from the township as reimbursement for PSATS convention expenses from 2003 through 2007 were either deposited into Donia's account at a bank (Account No. )000(811) or cashed. 43. Donia realized a financial gain of at least $2,866.50 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, at a time when Donia was already receiving monthly vehicle reimbursements, while attending PSATS conventions from 2003 through 2007 as shown below: Year Unauthorized Overtime Excess Mileage Total 2003 $270.00 $211.32 481.32 2004 $480.00 $217.19 $697.19 Donia, 07 -073 Page 11 2005 $504.00 2006 $516.00 2007 $0.00 Total 1,770.00 $236.80 $222.64 $208.55 $1,096.50 $740.80 $738.64 $208.55 $2,866.50 THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT DONIA CLAIMED AND APPROVED COMPENSATION FOR HIMSELF AS A ROADMASTER FOR HIS RESPONSIBILITIES AS A TOWNSHIP SUPERVISOR. 44. 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. 45. 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. 46. 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. 47. 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. 48. 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. 49. Donia and Supervisor Ronald Berkebile 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. b. Road crew personnel expressed little interest in fueling the boiler in exchange for compensatory time. Donia, 07 -073 Page 12 50. Donia and Berkebile assumed the primary responsibility for fueling the township boiler due to the fact that road crew personnel were not interested in completing the task. a. Donia resides approximately one mile from the township building. b. Berkebile resides approximately one and one -half miles from the township building. 51. Donia and Berkebile routinely charged four hours per day for the fueling of the township boiler. a. Whatever the number of overtime hours claimed, Donia and Berkebile were credited with one and one -half times that amount per the township overtime policy (See, Finding No. 17). 52. From January 2003 through March 2007, Donia claimed overtime hours in association with fueling the township boiler on Fridays, weekends, and various holidays. 53. In addition to claiming overtime /compensatory time for fueling the township boiler, Donia routinely claimed overtime /compensatory time for plowing snow, road checks, and other road crew activities including call -outs, cutting fallen trees, etc. a. Donia often claimed more overtime than that claimed by regular road crew employees above and beyond time claimed for fueling the township boiler. 1. Donia often claimed overtime during regular working days when road crew employees did not, even though he worked the same number of hours as road crew employees. 2. Donia often claimed overtime hours on Fridays during the summer months. aa. Fridays are not normal working days for the township road crew. 54. 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 contained 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. 55. Donia transferred regular and overtime hours worked from employee time cards to his day planners /calendars and then transferred the corresponding compensatory time accrued and taken onto separate tracking sheets. a. Discrepancies exist between overtime hours logged in Donia's day Donia, 07 -073 Page 13 56. Donia routinely "sold" unused compensatory time back to the township [during] the time frame of June 2002 through March 2007. Donia was the individual at the township who approved /authorized the "selling" of compensatory time back to the township for all employees. Donia effectively approved the "selling" of significant numbers of his own compensatory hours back to the township. 57. Donia'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 Donia and /or Berkebile assumed the responsibility. b. Donia and /or Berkebile maintained the township boiler system on weekends and holidays. c. Even though Donia and /or Berkebile 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. a. b. planners /calendars in comparison with that documented on actual compensatory time tracking sheets. e. The task of maintaining the boiler system was considered a manual labor task, more akin to the duties of the road crew. f. Donia performed this duty /responsibility in his position as a roadmaster as opposed to a Township Supervisor. 58. From July 1, 2006, through September 7, 2006, Donia did not perform any roadmaster /road superintendent related work for the township. a. Donia did not work as an employee of the township during the referenced time frame. b. Donia had surgery on or about July 31, 2006. 59. The specific procedure for which Donia had surgery restricted him from performing physical activity of the nature required to be performed as a member of the road crew. a. Donia was not eligible to receive compensatory time as he could not perform the physical duties of a roadmaster at that time. 60. Donia utilized either compensatory hours or vacation hours to account for his daily time /payroll hours during the period of July 31, 2006, through September 7, 2006. a. Donia utilized a total of eighty (80) compensatory hours over the six -week time period referenced. Donia, 07 -073 Page 14 b. Donia utilized a total of one hundred fifty (150) vacation hours over the six - week time period referenced. c. Donia received ten hours of holiday pay for the Labor Day holiday on September 4, 2006. 61. Although Donia utilized either compensatory or vacation time to account for his daily hours after the surgery, Donia claimed seventy -eight hours of compensatory time during the same six -week time period that compensatory and vacation time was utilized. a. Compensatory hours claimed by Donia were claimed at one time the amount worked and not one and one -half times as normally claimed. 1. Compensatory hours were claimed at straight time due to the fact that Donia had not actually worked forty hours per week for each week in question. b. Donia claimed fifty -four compensatory hours over ten separate days when Donia also had submitted vacation or compensatory time days to account for his normal daily hours on those respective days. c. Donia claimed an additional twenty -four compensatory hours for work allegedly completed outside of the road crew normal work week. 1. August 11, 2006, August 12, 2006, and August 13, 2006, were Friday, Saturday, and Sunday respectively. 62. Work allegedly performed by Donia over the six -week time period of July 31, 2006, through September 7, 2006, was supervisory in nature. a. Donia transferred information regarding road crew hours worked into day planners and subsequently transferred the information a second time onto actual time sheets for processing, researched grant information, developed grant applications, etc. b. Township supervisors are not permitted to receive roadmaster wages or the equivalent thereof for the performance of duties related to their supervisor position. 63. From approximately June 1, 2002, through May 24, 2007, Donia claimed approximately three thousand seven hundred nineteen and one -half (3,719.5) hours of compensatory time in his roadmaster /road superintendent position. a. Of the three thousand seven hundred nineteen and one half (3,719.5) hours claimed, seventy -eight (78) hours were claimed in 2006 for which no work was performed as a township roadmaster /road superintendent. 64. Donia realized a financial gain of approximately $1,677.00 as a result of claiming seventy -eight hours in compensatory time, which Donia did not work in his roadmaster /road superintendent position, and subsequently using the time claimed for leave or selling the time claimed back to the township. 65. Donia voted to approve the monthly bills on eighteen of nineteen instances in which compensatory time payouts to him were documented. a. Donia received two checks in the same month on six occasions. Donia, 07 -073 Page 15 b. Donia is not recorded as voting on monthly bills at the February 26, 2007, meeting. c. Donia signed all twenty -five checks issued as an authorized signatory for the township. 66. Twenty -one of the twenty -five checks issued for compensatory hours claimed were deposited into Donia's personal account at a bank (Account No. )000(811). a. Donia holds sole signature authority on the account. b. Check numbers 2120, 2123, 2164, and 2903 were cashed at a bank. 67. In addition to road crew hours worked and overtime hours worked, Donia's day planner /calendar revealed several doctor's appointments for Donia during normal Township road crew working days and hours. a. Quemahoning Township does not offer sick time /days to employees. b. Employees are required to utilize personal, vacation, or compensatory time for illnesses, doctor appointments, etc. 68. Donia's day planner /calendar documented a minimum of sixteen doctor appointments for Donia during normal township work hours between the dates of January 6, 2004, and December 13, 2006. 69. Donia did not utilize personal, vacation, or compensatory time to attend scheduled doctor appointments during normal township working days /hours. a. Donia received full wages for working complete ten hour days for all days on which doctor appointments were documented. b. Other township road crew employees were not afforded the same benefit in relation to doctor appointments scheduled during normal working hours. 1. Other road crew employees were normally required to utilize compensatory time, annual time, or personal time to account for hours missed due to doctor appointments. 70. Donia received payment[s] totaling approximately $585.25 in his position as township roadmaster /road superintendent while attending personal physician appointments during normal road crew working hours. 71. As the Chairman of the Board of Supervisors, Donia was often viewed as the main contact for the township for any meetings or functions requiring attendance, any questions requiring assistance, etc. a. Donia developed and researched grant applications, attended meetings with building code representatives, attended meetings with the township solicitor, attended meetings with neighboring township representatives, etc. during normal township road crew hours. b. Donia routinely performed these and other supervisor activities for the township during normal road crew working hours for approximately twenty - five years. Donia, 07 -073 Page 16 72. Donia consistently received his roadmaster /road superintendent wages for the performance of functions related to his position of township supervisor. a. No means exists by which to accurately document the total number of hours for which Donia received payment as a roadmaster /road superintendent for supervisor - related duties. 1. Donia's day planners do not consistently note instances of supervisory work completed nor do they note the amount of time claimed on supervisory work. b. Donia's financial gain concerning roadmaster /road superintendent wages for the performance of supervisor - related duties could not be determined. 73. Donia realized a minimum financial gain of approximately $2,262.25 as a result of claiming compensatory time for supervisor - related duties and receiving roadmaster /road superintendent wages while attending personal physician appointments during normal working hours as [set forth] below: Description Financial Gain Compensatory hours claimed /sold back while recovering from '77.00 surgery /performing supervisory duties Payment for time utilized at personal doctor's appointments $585.25 Total $2,262.25 THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT DONIA PARTICIPATED IN ACTIONS OF THE BOARD OF SUPERVISORS TO HIRE HIS WIFE AS TOWNSHIP SECRETARY /TREASURER AND PARTICIPATED IN APPROVING COMPENSATION FOR HER. 74. Quemahoning Township employs a Secretary /Treasurer to perform administrative functions regarding the day -to -day operation of the township. 75. The Secretary /Treasurer is appointed annually by the supervisors at each year's re- organization meeting. a. The salary for the Secretary /Treasurer is approved by the township supervisors at the reorganization meeting for each respective year. 1. The Secretary /Treasurer's position is a salar[ied] position based on a forty -hour, Monday through Friday, workweek. 76. Linda Donia (hereafter L. Donia) was employed as the full -time Quemahoning Township Secretary /Treasurer from approximately June 14, 1993, until January 7, 2008. a. From at least 2002 through 2007, L. Donia's work schedule was 8 a.m. — 4 p.m., Monday through Friday, with a paid lunch period. b. L. Donia was employed as the Secretary /Treasurer in a part -time capacity in 1992. 77. L. Donia is Donia's spouse (See, Finding No. 30). a. Donia and L. Donia were not married when L. Donia was initially hired by the township. Donia, 07 -073 Page 17 1. Donia and L. Donia were married in calendar year 2000. 78. L. Donia's salary in the position of township Secretary /Treasurer for years 2002 through 2007 [was] approved by the Board of Supervisors. 79. In addition to her annual salary, L. Donia was approved in 2005, 2006, and 2007 to receive a monthly automobile allowance of $50.00 per month for use of her personal vehicle for doing township business, including travel to the post office, bank, etc. a. The $50.00 monthly allowance was approved at the 2005, 2006, and 2007 reorganization meetings in the same motion which reappointed L. Donia to the Secretary /Treasurer position and set her salary for the respective year. b. L. Donia also received an automobile allowance in 2002 and 2003 in the amount of $15.00 monthly and in 2004 in the amount of $30.00 monthly. 1. No approval of the monthly automobile allowance is documented in the reorganization meeting minutes for calendar years 2002, 2003, or 2004. 80. From January 2002 through January 2007, Donia participated in the reappointment of L. Donia into the position of township Secretary /Treasurer at annual re- organization meetings and participated in the setting of L. Donia's salary and monthly automotive allowance at said meetings as shown below: Meeting Date January 7, 2002 January 6, 2003 January 5, 2004 January 3, 2005 January 3, 2006 January 2, 2007 Donia Motion By Present Yes R. Berkebile Yes R. Berkebile Yes R. Berkebile Yes R. Berkebile Yes R. Berkebile Yes R. Berkebile Second B Donia Donia Donia Donia A. Griffith A. Griffith Donia's Vote Yes Yes Yes Yes Abstained Abstained Final Vote 2 -0 2 -0 2 -0 2 -0 2 -0 -1 2 -0 -1 81. Only Donia and Berkebile were present at the 2002, 2003, 2004, and 2005 re- organization meetings. a. Supervisor Floyd Berkebile (hereafter F. Berkebile) typically spent the months of October through April in Florida and was not present for re- organization meetings for the years 2002, 2003, 2004, and 2005. 1. Floyd Berkebile provided the township [with] a telephone number for his location in Florida for contact if necessary. 82. Neither Donia nor Berkebile contacted F. Berkebile via telephone to discuss L. Donia's reappointment, salary, or other benefits for 2002, 2003, 2004, or 2005. a. L. Donia's reappointment, salary, and other benefits were approved at the 2002, 2003, 2004, and 2005 reorganization meetings with no initial abstention or public disclosure by Donia prior to voting. 83. Votes to reappoint L. Donia into the Secretary /Treasurer position and establish her salary and other benefits were conducted solely by Donia and Berkebile in 2002, 2003, 2004, and 2005. Donia, 07 -073 Page 18 a. F. Berkebile was not contacted to attend the meeting via telephone and vote on motions presented for consideration. b. Donia did not abstain from the vote to approve L. Donia's reappointments, salary, or other benefits. c. Donia did not publicly disclose the nature of his relationship with L. Donia prior to voting on the motions. 1. The spousal relationship between the Donias was common knowledge in the township. 84. In 2006 and 2007, Donia, Berkebile, and Supervisor Allan Griffith were present for the annual reorganization meetings. a. Although Donia abstained from the actual vote to reappoint L. Donia and establish her salary and other benefits, Donia participated in discussions with the remaining supervisors and provided input on L. Donia's proposed salary and other benefits. 85. L. Donia received payroll checks on a bi- weekly basis from Quemahoning Township, spanning the dates of June 2002 through December 2007, in her position as Secretary /Treasurer. a. L. Donia received additional checks monthly for an automobile allowance spanning the time frame of June 2002 through December 2007. 86. L. Donia received approximately two hundred thirteen (213) checks from the township payroll and general fund representing regular wages earned in her position of Secretary /Treasurer and monthly automotive allowances. a. Donia was present at all regular meetings at which monthly bills, including payroll, were approved with the exception of the March 12, 2007, September 10, 2007, and December 10, 2007, regular meetings. b. Donia voted affirmatively to approve monthly bills at each regular meeting, including payroll and automobile checks issued to L. Donia, on sixty -three (63) of sixty -seven (67) opportunities. 1. No vote is recorded for Donia for the February 12, 2007, regular meeting. 2. Donia was absent from the March 12, 2007, September 10, 2007, and December 10, 2007, regular meetings. aa. Donia had submitted his resignation prior to the December 10, 2007, meeting. c. Donia signed one hundred seventy -seven (177) of one hundred eighty -two (182) checks issued to L. Donia as an authorized township signatory. 87. L. Donia maintains signature authority over two separate personal accounts at a bank (Accounts No. ) 0(506 and )0)000(X109). a. Account No. )0)X506 is a checking account. 1. L. Donia maintains sole signature authority over the account. Donia, 07 -073 Page 19 b. Account No. )00000(X109 is a savings account. 1. The account is a joint account with L. Donia and Donia maintaining signature authority over the account. 88. All checks received by L. Donia as payroll and automobile allowances in her position as Secretary /Treasurer were either deposited into L. Donia's account at a bank (Account No. )000(506) or cashed with the exception of check numbers 1694, 3418, and 3428. a. The ultimate disposition of check numbers 1694, 3418, and 3428 could not be determined. 89. In addition to payroll and automobile allowance checks received, L. Donia received a minimum of six extra payroll checks between the [months] of December 2002 and December 2006 as a result of selling four hundred thirty -one (431) unused vacation and compensatory hours back to the township. a. Compensatory hours accrued were approved by Donia. b. Donia was present and voted affirmatively at each meeting where extra checks issued to L. Donia were approved as part of the monthly bills. b. Donia signed all six extra checks issued to L. Donia as an authorized signatory for the township. c. All extra checks issued to L. Donia were deposited into L. Donia's bank account (Account No. )000(506) with the exception of check number 1626. 1. Check number 1626 was cashed. 90. L. Donia, Donia's spouse, realized a financial gain as a result of Donia participating in discussions and votes as a township supervisor to appoint L. Donia as the township Secretary /Treasurer, setting L. Donia's salary and automotive allowance, and approving the sale of unused vacation and compensatory time back to the township as well as signing checks issued. 91. In a sworn statement provided to Commission investigators on July 23, 2008, Donia provided the following information: a. Donia accepted the $600.00 per month vehicle reimbursement and paid for all expenses related to the vehicle (payments, maintenance, gas, etc.) because it cost the township less to provide the reimbursement to Donia than to purchase a vehicle outright. b. As the road superintendent, Donia was responsible for tracking employee hours worked, approving overtime worked, and approving the use of or selling back of vacation and /or compensatory time to the township. c. Donia utilized personal vehicles other than his 2003 Ford truck for transportation to annual PSATS conventions due to the fact that he left his truck at the township building for use by township employees if necessary. 1. Although Donia left his 2003 Ford at the township building, road crew employees were encouraged by the supervisors to take personal, compensatory, or annual time during the PSATS conference. Donia, 07 -073 Page 20 d. Mileage claimed regarding PSATS conventions was accrued as a result of travel to Hershey, Pennsylvania, travel back and forth from Donia's hotel to the convention center several times per day, and driving to restaurants. e. Donia and Berkebile were the primary individuals who fueled the township boiler during the winter months due to lack of interest by other employees. 1. Donia stated that fueling the township boiler would be considered maintenance of the township building. f. Donia has performed supervisory duties for Quemahoning Township during normal road crew working hours and received his roadmaster /road superintendent wages for performing such duties for at least twenty -five years. Quemahoning Township allows township employees to attend physician appointments without submitting personal, compensatory, or annual time to account for hours missed as long as [they] return to the township prior to the end of day. h. Donia never considered the possibility of having Supervisor Floyd Berkebile attend township reorganization meetings via telephone to vote on the appointment of Donia's spouse as the Secretary /Treasurer. 92. Additionally, Donia asserts that throughout his tenure as a Supervisor for Quemahoning Township, he has, on occasion, requested legal advice from representatives of PSATS, regarding his duties as a Township Supervisor. a. Donia asserts that according to the individuals at PSATS, he was entitled to all compensation received and that his actions were in conformity with applicable law. g. b. Donia acknowledges that he never received specific legal advice regarding the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1101 et seq. c. Donia additionally acknowledges that he does not have any written legal opinion or advice from any legal representative, be it from the Ethics Commission, PSATS or the Quemahoning Township Solicitor, regarding his actions as outlined above. d. No known documents or other records exist to support Donia's assertions. 93. Donia and[ /or] L. Donia realized a total financial gain of at least approximately $5,128.75 as a result of submitting unauthorized expenses; claiming compensatory time for supervisor - related duties; receiving daily wages while attending personal physician's appointments; participating in votes and discussion regarding the appointment of [L. Donia] as the township Secretary /Treasurer, establishing her salary, and approving an automobile allowance for [her]; and [approving] the selling back of unused vacation and compensatory time for [L. Donia] as shown below: Description Amount Submission of Overtime Wages and Mileage Reimbursement $2,866.50 Compensatory Hours Claimed as Road Master /Road Superintendent $1,677.00 After Surgery Wages Received for Time Spent at Physician's Appointments $585.25 Donia, 07 -073 Page 21 Description Amount Total 5,128.75 III. DISCUSSION: As a Supervisor for Quemahoning Township ( "Township ") from January 7, 1980, until December 10, 2007, Respondent Samuel Donia (hereinafter also referred to as "Respondent," "Respondent Donia," or "Donis "), 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 Donia violated Section 1103(a) of the Ethics Act when he used the authority of his public position for the private pecuniary gain of himself or a member of his immediate family by claiming and receiving extra compensation for attending state conventions; by claiming and receiving excess expenses for attending state conventions; by claiming and approving compensation to himself as roadmaster for his responsibilities as Township Supervisor; and by participating in actions of the Township Board of Supervisors ( "Board ") to hire his wife as Township Secretary /Treasurer and participating in approving compensation for her. 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 following terms related to Section 1103(a) are 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. "Immediate family." A parent, spouse, child, brother or sister. 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 Donia, 07 -073 Page 22 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 Donia served as a Supervisor for the Township from January 7, 1980, until December 10, 2007, when he resigned due to health concerns. Donia served as Chairman of the Board from approximately January 1984 to December 2007. 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, maintaining the Township vehicles, and other duties. 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. 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 workweek. Although not specifically addressed in the policy, employees may request and be issued payment for accumulated Donia, 07 -073 Page 23 compensatory hours with Donia's approval. Donia was appointed as a full -time Township roadmaster each year that he served as a Supervisor, with the exception of his first year in office when he worked as a part -time roadmaster. Donia also served as the appointed road superintendent from at least January 2002 to December 2007. As the road superintendent, Donia was responsible for, inter alia, recording and maintaining employee time and attendance, ordering materials and road supplies, and authorizing overtime. Donia, as a Township employee, received an hourly rate approved by the Township Auditors. From at least June 2002 through November 2007, Donia 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. At each year's Township reorganization meeting 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. Donia voted affirmatively to approve attendance at the Convention as well as payment of expenses and mileage reimbursement at set rates. Donia attended all four days of each Convention held from 2003 through 2007. Donia, as a working Supervisor, was entitled to claim wages for normal work hours and days missed while attending the Convention. For each Convention, Donia lost thirty hours of wages representing normal work days and hours of Monday through Wednesday, from 6 a.m. to 4 p.m. Donia claimed wages lost for normal work days and hours missed in relation to his attendance at each year's Convention from 2003 through 2006. Donia 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, Donia additionally claimed two hours of overtime daily for Monday, Tuesday, and Wednesday, even though the Township road crew does not work overtime on those days. The parties have stipulated that Donia claimed approximately fifty -eight hours of overtime, resulting in total overtime wages of $1,770, in relation to his attendance at the Donia, 07 -073 Page 24 Conventions held from 2003 through 2006. Although Donia was already receiving a monthly vehicle allowance from the Township's General Fund for use of his personal four -wheel drive truck for Township - related business, Donia did not use his four -wheel drive truck to travel to any of the Conventions held from 2003 through 2007. Instead, Donia used other personal automobiles to drive to the Conventions. Donia claimed mileage reimbursement in the total amount of $1,096.50 for travel related to Conventions that he attended from 2003 through 2007, even though he was receiving the aforesaid monthly vehicle allowance from the Township. As detailed in Fact Findings 33 -36, the parties have stipulated that Donia claimed mileage in excess of that necessary to travel to the Conventions that he attended from 2003 through 2007. Upon returning from each year's Convention from 2003 through 2007, Donia 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. Donia 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. Donia cashed or deposited the checks that he received from the Township for his claimed Convention expenses from 2003 through 2007. The parties have stipulated that Donia realized a financial gain of at least $2,866.50 as a result of submitting claims for unauthorized overtime wages and excess mileage reimbursement related to his attendance at the Conventions from 2003 through 2007. We shall now review the stipulated Fact Findings relating to the allegations that Donia claimed and approved compensation for himself as a roadmaster for his responsibilities as a Supervisor. For approximately twenty -five years, Donia routinely performed Supervisor activities, including but not limited to developing and researching grant applications and attending meetings with various parties, during normal road crew work hours. Donia consistently received his roadmaster /road superintendent wages for performing functions related to his position as a Supervisor. From July 1, 2006, through September 7, 2006, Donia did not perform any work for the Township as a Township employee. On or about July 31, 2006, Donia had surgery that restricted him from performing physical activity such as that performed by road crew workers. As of that time, Donia was not eligible to receive compensatory time because he could not perform his physical duties as a roadmaster. During the six -week period of July 31, 2006, through September 7, 2006, Donia utilized either compensatory time or vacation time to account for his daily payroll hours. During the same six -week period, Donia claimed seventy -eight hours of compensatory time, as detailed in Fact Finding 61. The work for which Donia claimed compensatory time during the period from July 31, 2006, through September 7, 2006, was not performed as a roadmaster or road superintendent but rather was supervisory in nature, such as, for example, preparing road crew hours worked for payroll processing, researching grant information, and developing grant applications. Township supervisors are not permitted to receive roadmaster wages or the equivalent thereof for the performance of duties related to the position of supervisor. (See, R.H. and T.W. v. State Ethics Commission, 673 A.2d 1004 (Pa. Cmwlth. 1996)). Donia, 07 -073 Page 25 Donia subsequently used the aforesaid claimed compensatory hours for leave or sold the hours back to the Township. The parties have stipulated that Donia realized a financial gain of approximately $1,677.00 as a result of claiming seventy -eight hours of compensatory time for performing supervisor - related duties while he was recovering from surgery. The Township does not offer sick time or days to employees. Instead, Township employees are required to use personal, vacation, or compensatory time for illnesses or doctor appointments. Between January 6, 2004, and December 13, 2006, Donia had a minimum of sixteen doctor appointments during normal Township work hours. Donia did not use personal, vacation, or compensatory time to attend such appointments but rather received full wages for working a complete day. The parties have stipulated that Donia received payments totaling approximately $585.25 in his position as a Township roadmaster /road superintendent for time spent attending personal doctor appointments during normal Township work hours. 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 Donia and Supervisor Ronald Berkebile ( "Berkebile ") 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 responsibility of fueling the Boiler because no other individuals were willing or available to maintain the Boiler system. From January 2003 through March 2007, Donia claimed overtime /compensatory time in association with fueling the Boiler on Fridays, weekends, and various holidays. Donia 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. Next, we shall review the stipulated Fact Findings relating to the allegations that Donia participated in actions of the Board to hire his wife as Township Secretary/Treasurer and participated in approving her compensation. The Township employs a Secretary /Treasurer to perform administrative functions regarding its day -to -day operation. The Supervisors appoint the Secretary /Treasurer and set the compensation for said position at each year's reorganization meeting. The Secretary /Treasurer position is a salaried position based on a forty -hour workweek. Donia married his spouse, Linda Donia ( "Mrs. Donia "), in 2000. Mrs. Donia began employment as the Township's full -time Secretary /Treasurer on or about June 14, 1993, and was previously employed in said position in a part -time capacity. Mrs. Donia served as Secretary /Treasurer until January 7, 2008. Donia, 07 -073 Page 26 As Secretary /Treasurer, Mrs. Donia received a salary as determined by the Board. In addition to her salary, from 2002 through 2007, Mrs. Donia received a monthly automobile allowance for use of her personal vehicle to perform Township business. The monthly automobile allowance was set at $15 in 2002 and 2003, at $30 in 2004, and at $50 from 2005 thorough 2007. At each year's Township reorganization meeting from January 2002 through January 2005, Donia voted to reappoint Mrs. Donia as Secretary /Treasurer and set her salary. At the reorganization meetings in January 2006 and January 2007, Donia abstained from voting to reappoint Mrs. Donia as Secretary /Treasurer and set her salary, but he participated in discussions with the other two Supervisors with regard to Mrs. Donia's proposed salary and benefits. From June 2002 through December 2007, Mrs. Donia received from the Township bi- weekly payroll checks and monthly automobile allowance checks for serving as Secretary /Treasurer. On sixty -three occasions, Donia voted affirmatively at regular Board meetings to approve monthly bills that included payroll and automobile allowance checks issued to Mrs. Donia. Donia also signed, as a Township signatory, one - hundred seventy - seven such checks issued to Mrs. Donia. Between December 2002 and December 2006, Donia also voted affirmatively to approve monthly bills that included six checks issued to Mrs. Donia as a result of selling unused vacation and compensatory hours back to the Township. Donia signed the aforesaid six checks as a Township signatory. Mrs. Donia cashed or deposited checks that she received from the Township for her salary, monthly automobile allowance, and sale of unused vacation and compensatory hours back to the Township. 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 Donia's receipt of expense reimbursements for attendance at state conventions in excess of actual expenses incurred; 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 Donia claimed and approved compensation as roadmaster for his responsibilities as Township Supervisor while on sick leave; and 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 Donia's participation in the hiring of his wife as Township Secretary[ /Treasurer] and [participation] in approving her compensation; 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 Donia claimed and approved Donia, 07 -073 Page 27 compensation as roadmaster for maintaining the Township boiler system during non - business days. 4. Donia agrees to make payment in the amount of $8,000.00 in settlement of this matter. Said settlement amount is to be made in monthly payments of $150.00 per month for fifty -three (53) months, followed by a final payment of $50.00, [with] said payments to be made payable to Quemahoning Township 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. 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 Consent Agreement, we agree with the parties' recommendation that a violation of Section 1103(a) of the Ethics Act occurred in relation to Donia's receipt of expense reimbursements for attendance at state conventions in excess of actual expenses incurred. Each element of a violation of Section 1103(a) has been established. Donia used the authority of office by voting to approve the Supervisors' attendance at the Conventions with expenses to be paid by the Township; by submitting expense reports to the Township that included claims for unauthorized overtime wages for the 2003 through 2006 Conventions and claims for excess mileage reimbursement for the 2003 through 2007 Conventions; and by voting to approve monthly bills and co- signing Township checks payable to himself that included such overtime wages and mileage reimbursements. Such uses of authority of office resulted in financial gain to Donia consisting of payment of at least $2,866.50 in unauthorized overtime wages and excess mileage reimbursement in relation to his attendance at the Conventions from 2003 through 2007. Such financial gain was private because there was no authorization in law permitting Donia 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 or to receive such excess mileage reimbursement. See, 53 P.S. § 66402(g). Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Donia's receipt of expense reimbursements for attendance at state conventions in excess of actual expenses incurred. We next consider the recommendation of the parties that a violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for his responsibilities as a Supervisor while on sick leave. From July 1, 2006, through September 7, 2006, Donia did not perform any work for the Township as a Township employee because he was physically unable to perform his roadmaster duties. Donia used the authority of office when he claimed seventy -eight hours of compensatory time for work that he performed between July 31, 2006, and September 7, 2006, that was supervisory in nature. Such use of authority of office resulted in financial gain to Donia consisting of approximately $1,677. The financial gain was private because there was no authorization in law permitting Donia to receive compensation as a Township Donia, 07 -073 Page 28 employee for performing his responsibilities as a Supervisor. See, R.H. and T.W., supra; VanWhy, Order 1295; Hardinger, Order 1232. We hold that a violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for his responsibilities as a Township Supervisor while on sick leave. Turning to the third recommended violation of Section 1103(a) of the Ethics Act, there were uses of authority of office by Donia. But for the fact that Donia was a Supervisor, he would not have been in a position to vote on Mrs. Donia's reappointments as Township Secretary /Treasurer; vote to set Mrs. Donia's salary or participate in discussions with the other Supervisors as to her salary and benefits; vote to approve monthly bills that included checks issued to Mrs. Donia for payroll, the monthly automobile allowance, and the sale back to the Township of Mrs. Donia's unused vacation and compensatory hours; and sign Township checks payable to Mrs. Donia for compensation related to her employment as Secretary /Treasurer. Such uses of authority of office resulted in a private pecuniary benefit to Mrs. Donia consisting of the compensation that she received for serving as the Township Secretary /Treasurer. Lastly, Mrs. Donia is a member of Donia's immediate family as that term is defined in the Ethics Act. Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Donia's participation in the hiring of his wife as Township Secretary /Treasurer and participation in approving her compensation. Lastly, we accept the parties' recommendation that no violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for maintaining the Township Boiler system during non - business days. There is no basis in the stipulated Fact Findings for concluding that maintaining the Boiler was Donia's responsibility as a Supervisor. Accordingly, we hold that no violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for maintaining the Township Boiler system during non - business days. The parties have stipulated that Donia realized a financial gain of at least $5,128.75 in this case, including: $1,677 as a result of claiming compensatory time as a roadmaster for performing his duties as a Supervisor; $2,866.50 as a result of submitting claims for unauthorized overtime wages and excess mileage reimbursement for his attendance at the Conventions from 2003 through 2007; and $585.25 as a result of claiming wages for time spent at physician appointments. Although the parties have not stipulated as to the financial gain realized by Mrs. Donia as a result of Donia's participation in her reappointments as Secretary /Treasurer and the setting of her compensation for said position, it would appear that the parties are in agreement that such financial gain was not de minimis. As part of the Consent Agreement, Donia has agreed to make payment in the amount of $8000 payable to the Township, pursuant to the following payment arrangement: monthly payments of $150 per month for fifty -three (53) months followed by a final payment of $50, with said payments to be made payable to the Township and forwarded to this Commission, and with the first such payment to be due 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. Donia, 07 -073 Page 29 Accordingly, Donia is directed to make payment in the amount of $8,000, with said amount to be paid as follows: monthly payments of $150 per month for fifty -three (53) months followed by a final payment of $50, with said payments to be made payable to the Township and forwarded to this Commission, and with the first such payment due 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, 1980, until December 10, 2007, Respondent Samuel Donia ( "Donia ") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. A violation of Section 1103(a) of the Ethics Act occurred in relation to Donia's receipt of expense reimbursements for attendance at state conventions in excess of actual expenses incurred. 3. A violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for his responsibilities as a Township Supervisor while on sick leave. 4. A violation of Section 1103(a) of the Ethics Act occurred in relation to Donia's participation in the hiring of his wife as Township Secretary /Treasurer and participation in approving her compensation. 5. No violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for maintaining the Township boiler system during non - business days. In Re: Samuel Donia, Respondent ORDER NO. 1490 File Docket: 07 -073 Date Decided: 9/22/08 Date Mailed: 10/10/08 1 Samuel Donia ( "Donia "), a public official in his capacity as a Supervisor for Quemahoning Township ( "Township ") from January 7, 1980, until December 10, 2007, violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to his receipt of expense reimbursements for attendance at state conventions in excess of actual expenses incurred. 2. A violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for his responsibilities as a Township Supervisor while on sick leave. 3. A violation of Section 1103(a) of the Ethics Act occurred in relation to Donia's participation in the hiring of his wife as Township Secretary /Treasurer and participation in approving her compensation. 4. No violation of Section 1103(a) of the Ethics Act occurred when Donia claimed and approved compensation as a roadmaster for maintaining the Township boiler system during non - business days. 5. Per the Consent Agreement of the parties, Donia is directed to make payment in the amount of $8,000, with said amount to be paid as follows: monthly payments of $150 per month for fifty -three (53) months followed by a final payment of $50, with said payments to be made payable to the Township and forwarded to the Pennsylvania State Ethics Commission, and with the first such payment due 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