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HomeMy WebLinkAbout1499 SnyderIn Re: Stephen M. Snyder, 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 -061 Order No. 1499 12/4/08 12/19/08 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 allegation. 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. Snyder, 07 -061 Page 2 I. ALLEGATIONS: That Stephen Snyder, a (public official /public employee) in his capacity as Chief of Police of Knoxville Borough, Tioga 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 a private pecuniary benefit to make purchases for personal use from the Federal Surplus Property Program and the Federal Law Enforcement Surplus Property Program, which programs are limited to governmental entities. II. FINDINGS: 1. Stephen M. Snyder served as the full -time Chief of Police for Knoxville Borough, Tioga County, from October 2001 until September 2006. 2. Snyder, as Chief of Police, was supervised by Knoxville Borough Mayor Karen Clark. 3. In his capacity as the Chief of Police, Snyder was authorized, with mayoral approval, to make purchases of police items relating to supplies and any other necessary purchases. a. Snyder was authorized to make purchases for items needed on a regular basis in fulfilling his duties as the Police Chief. 1. The Mayor did not give prior approval to Snyder for any purchases he made from State and Federal Surplus Programs. 2. Snyder would submit invoices and bills for purchases he made to Knoxville Borough Secretary /Treasurer Lyssa Harper for payment. 4. Municipal governments in the Commonwealth of Pennsylvania are eligible to participate in the Federal Surplus Property Program. a. Knoxville Borough has participated in this program since at least 2001. 5. The Federal Surplus Property Program is a federally sponsored program that is administered by the Pennsylvania Department of General Services. a. The Federal Surplus Property Program warehouse and executive offices are located at the Pennsylvania Department of General Services Headquarters at 2221 Forster Street, Harrisburg, Pennsylvania 17125. 6. The Federal Surplus Property Program authorizes representatives of municipalities, school districts, medical institutions, and certain non - profit organizations to purchase surplus items, vehicles, equipment, and supplies at a 70% to 90% reduction of actual costs. a. All interested eligible participants for the Federal Surplus Property Program must make application to the Federal Property Division to determine eligibility. b. Municipalities that meet criteria for participation are permitted to purchase surplus items at any time during normal daily business hours, Monday through Friday, 8:00 a.m. until 4:00 p.m. 1. Only individuals authorized by a municipality can make purchases on behalf of a municipality. Snyder, 07 -061 Page 3 2. Job titles of individuals authorized by a municipality to make purchases are required on purchase forms to affect the approval of an individual by the Federal Property Division. c. Municipalities and authorized individuals are required to become familiar with purchase policies, guidelines, and regulations that govern the purchase of Federal surplus property. 7 When authorized to purchase Federal surplus property, individuals receive notification of Federal Regulations governing purchases through the following means: a. Initial application. Attachment of Regulations in their entirety affixed to form "G- SSS -1" (Distribution Document), which invoices items purchased, unit costs, and service charges that must be signed by a purchaser agreeing to the items. Additional notification of purchase regulations via a bold -typed notice paper given to purchasers when removing property from the Federal Supply warehouse. A visible bright yellow placard located directly above the checkout register at the Federal supply warehouse. 8. Municipalities and public agencies making purchases from the Surplus program are required to comply with Federal and state regulations outlined on Form G -SSS which include the following: a. The property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes. b. The property is not being acquired for any other use or purpose, or for sale or other distribution, or for permanent use outside of the state, except with prior written approval of the state agency. c. Funds are available to pay all costs and charges incident to donation. d. All items of property shall be placed in use for the purpose(s) for which acquired within one (1) year of receipt and shall be continued in use for such purpose(s) for one (1) year from the date the property was placed in use. 1. If the property is not placed in use, the property must be returned to the state or made available to transfer to another agency or the state. e. In regards to items with an acquisition cost of $5,000.00 or more, the following is required: 1. The property shall be used only for the purposes(s) for which acquired and no other purpose(s). 9. Displayed in the Federal Surplus facility is a bright yellow placard with the heading "Do You Know" and the following: You agreed to use the surplus property only in the official program which Snyder, 07 -061 Page 4 you represent." You agreed to put the surplus property into use within one year and to use it for at least one year." You agreed to use certain items for eighteen (18) months or longer." You agreed that you would not sell the property, loan it, trade it, or tear it down for parts unless we give you permission before you do it." You agreed to pay the U.S. Government if you did not use the property according to your agreement." "Surplus property must be used in an authorized program." "Personal use or non -use of surplus property is not permitted." "Permission must be obtained before selling, trading, or cannibalizing surplus property." "Read the back of your distributions; understand your obligations." 10. When arriving at the Federal Property warehouse, purchasers must abide by the following procedures: Register with the Federal service representative. Receive Distribution Document G- SSS -1. Receive authorization to peruse warehouse and outside storage yard. Gather items needed for municipality use. Tag items that could not be readily transported. Record items gathered and /or tagged on Distribution Document G- SSS -1. Present items and form G -SSS -1 to the Federal service representative. Have items checked and compared with form G- SSS -1. Sign Distribution Document G- SSS -1. Receive invoice copy of payment due and owing to Commonwealth of Pennsylvania. Pay invoice upon receipt of property, or opt to have municipality billed. Receive abridged copy of rules and regulations. Remove items from warehouse. 11. The earliest approved application on file with the Federal Property Division by Knoxville Borough is dated November 9, 2000. a. Application was made by Eugene R. Beebe, Knoxville Borough Council President. Snyder, 07 -061 Page 5 12. Stephen M. Snyder, Knoxville Borough Police Chief, was not listed as an authorized purchaser for the Federal Surplus Property Program by way of application dated November 9, 2000. a. Snyder did not commence employment as Police Chief until October 2001. b. Snyder became an authorized purchaser sometime after beginning employment as Borough Police Chief. 1. Any purchases related to the Borough had to be approved by the Mayor. 13. The last approved application on file with the Federal Property Division by Knoxville Borough is dated February 16, 2004. a. Snyder, Knoxville Borough Police Chief, was an authorized purchaser for Knoxville Borough. 14. Between February 2004 and June 2005, Snyder, in his position of Knoxville Borough Police Chief, made purchases of a personal nature from the Federal Surplus Property Program. 15. From February 25, 2004, through July 29, 2005, Snyder made a total of six (6) trips to the Federal Property warehouse in Harrisburg, Pennsylvania. a. Snyder was accompanied by other Knoxville Borough officials /employees and other surrounding municipality officials including but not limited to: • Tom Potteiger, Knoxville Borough • Ben Paulhamus, Knoxville Borough • Louis Bloom, Knoxville Borough • Lawrence Calvario, Elkland Fire Department • Jack Snyder, Elkland Police Department • Percy White, Knoxville Borough b. Snyder would also contact Thomas Young, Chief of Police for the Borough of Wellsboro, and Ronald Adams, former Chief of Police for Westfield Borough, while at Federal Surplus and inform them of the availability of police jackets which he offered to purchase for them. 16. Federal Surplus records confirm purchases made by Knoxville Borough from the Federal Surplus Property Program in Harrisburg, Pennsylvania, on various occasions between 2004 and 2005. a. Snyder is the only Knoxville Borough official that signed Federal Surplus invoices during this period. 17. The following reflects dates, invoice numbers, invoice signers, and the total cost of surplus merchandise purchased from the Federal Surplus Property Program between February 25, 2004, and July 29, 2005, by Snyder as a Knoxville Borough Representative. Total of Invoice (Service Date of Trip Invoice Number Invoice Signature Charge) Snyder, 07 -061 Page 5 12. Stephen M. Snyder, Knoxville Borough Police Chief, was not listed as an authorized purchaser for the Federal Surplus Property Program by way of application dated November 9, 2000. a. Snyder did not commence employment as Police Chief until October 2001. b. Snyder became an authorized purchaser sometime after beginning employment as Borough Police Chief. 1. Any purchases related to the Borough had to be approved by the Mayor. 13. The last approved application on file with the Federal Property Division by Knoxville Borough is dated February 16, 2004. a. Snyder, Knoxville Borough Police Chief, was an authorized purchaser for Knoxville Borough. 14. Between February 2004 and June 2005, Snyder, in his position of Knoxville Borough Police Chief, made purchases of a personal nature from the Federal Surplus Property Program. 15. From February 25, 2004, through July 29, 2005, Snyder made a total of six (6) trips to the Federal Property warehouse in Harrisburg, Pennsylvania. a. Snyder was accompanied by other Knoxville Borough officials /employees and other surrounding municipality officials including but not limited to: • Tom Potteiger, Knoxville Borough • Ben Paulhamus, Knoxville Borough • Louis Bloom, Knoxville Borough • Lawrence Calvario, Elkland Fire Department • Jack Snyder, Elkland Police Department • Percy White, Knoxville Borough b. Snyder would also contact Thomas Young, Chief of Police for the Borough of Wellsboro, and Ronald Adams, former Chief of Police for Westfield Borough, while at Federal Surplus and inform them of the availability of police jackets which he offered to purchase for them. 16. Federal Surplus records confirm purchases made by Knoxville Borough from the Federal Surplus Property Program in Harrisburg, Pennsylvania, on various occasions between 2004 and 2005. a. Snyder is the only Knoxville Borough official that signed Federal Surplus invoices during this period. 17. The following reflects dates, invoice numbers, invoice signers, and the total cost of surplus merchandise purchased from the Federal Surplus Property Program between February 25, 2004, and July 29, 2005, by Snyder as a Knoxville Borough Representative. Invoice Number Items Service Charge Fed. Acq. Cost 587115 Dead bolt $1.00 $8.00 August 13, 2004 Air hose $5.00 $73.14 October 22, 2004 Toshiba Laptop $225.00 $2,409.00 January 19, 2005 Dell Laptop $50.00 $2,539.00 588180 Lexmark Laser Printer $175.00 $2,600.00 Personal Supplies $1.00 $.01 588225 Log splitter $300.00 $1,850.00 (2) Tool Boxes $17.50 $2.40 588617 Heater $2.50 $65.00 Penguin Refrigerator $25.00 $275.00 (10) Packages 2 hole paper $50.00 $10.00 589151 (10) Metal Fence $20.00 $43.40 Posts (2) Lab Beakers $5.00 $61.20 Wet Vacuum Cleaner $37.50 $71.98 (3) Misc. personal supplies $3.00 $.03 (1) Misc. personal supplies $2.00 $.01 (4) Misc. personal supplies $20.00 $.04 590280 Gasoline Can $8.00 $24.98 (7) Winter Jackets $210.00 $1,169.00 Misc. personal supply $2.00 $.01 February 25, 2004 587115 Stephen M. Snyder $281.00 August 5, 2004 588180 Stephen M. Snyder $176.00 August 13, 2004 588225 Stephen M. Snyder $317.50 October 22, 2004 588617 Stephen M. Snyder $77.50 January 19, 2005 589151 Stephen M. Snyder $87.50 July 29, 2005 590280 Stephen M. Snyder $220.00 Total Trips: 6 Total Amount Purchased: $1,159.50 Invoice No. Date Check No. Amount 587115 3/30/04 18074 $281.00 588180 8/20/04 18248 $176.00 588225 8/20/04 18248 $317.50 588617 11/18/04 18343 $77.50 Snyder, 07 -061 Page 6 18. Purchases made by Snyder from the Federal Surplus Property Program included the following: 19. Snyder signed all six (6) invoices for the purchases made from February 25, 2004, through July 25, 2005. a. During an interview with a State Ethics Commission investigator, Snyder verified his signature on all six invoices. 20. Knoxville Borough issued payments from its General Fund account to the Federal Surplus Property Program as follows: Invoice No. Item Service Charge Fed. Acq. Cost 588180 Personal Supply $1.00 $.01 588225 Log Splitter $300.00 $1,850.00 588225 (2) Tool Boxes $17.50 $2.40 589151 (1) Personal Supply $2.00 $.01 (3) Personal Supplies $3.00 $.03 (4) Personal Supplies $20.00 $.04 Vacuum Cleaner $37.50 $671.98* 590280 (1) Personal Supply $2.00 $.01 589151 3/1/05 18471 $87.50 590280 10/3/05 18470 $220.00 Snyder, 07 -061 Page 7 21. The purchases made from the Federal Surplus Property Program in 2004 and 2005 by Snyder included items which were used for his personal benefit. 22. The following represents items Snyder purchased from the Federal Surplus Property Program (FSPP) which were utilized for his personal purposes: *[sic]. [This appears to be a typographical error, intended to have been $71.98. Cf., Fact Finding 36. The discrepancy does not affect the calculation of the total private pecuniary benefit in Fact Finding 70.] 23. The Federal Property Supply Division assesses an "Acquisition Cost" or "Actual Retail Value" to items for sale at the Federal Surplus warehouse. a. The actual acquisition cost appears on the Distribution Document G- SSS -1. b. The Federal General Services Administration determines the acquisition cost of all items for sale at Federal Surplus facilities throughout the United States. c. The actual acquisition cost is the value of the item(s) if purchased retail at the time of sale as determined by GSA. d. The "service charge" is the actual cost of the item to the buyer. 24. The total acquisition cost of merchandise purchased by Knoxville Borough was determined by GSA to be $11,802.20. a. Knoxville Borough's total expenditures were $1,159.50 in service charges. b. Knoxville Borough received a cost savings of $10,642.70, based upon the actual retail value (acquisition cost) of the items ($11,802.20 - $1,159.50). 25. When making purchases from Surplus, Snyder would indicate the items that he purchased for personal use on the invoices upon returning from Surplus. a. Snyder would submit payment to Knoxville Borough Secretary /Treasurer Lyssa J. Harper. 1. Payments would be made by Snyder by both cash and check. 26. Snyder would also purchase items for individuals from other municipalities. a. These individuals would pay Snyder, who would submit payments to Knoxville Borough Secretary /Treasurer Lyssa J. Harper. Date of Reimbursement Amount Payment Method Payment Made For September 17, 2004 $300.00 Cash Stephen Snyder for 1 Log Splitter. January 21, 2005 $62.50 Check # 3062 Stephen Snyder for 8 Personal Supplies and Wet Vacuum Cleaner. August 8, 2005 $38.00 Cash Percy White for 1 jacket and 1 gas can September 14, 2005 $62.00 Cash Westfield Borough for 2 jackets and 2 Personal Supplies. September 20, 2005 $30.00 Check # 30188 Wellsboro Borough for 1 jacket. October 21, 2005 $30.00 Check Mark Burdick for 1 jacket. Total Reimbursements $522.50 Snyder, 07 -061 Page 8 27. Snyder would submit the invoices from the Commonwealth of Pennsylvania, Federal Property Division, to Borough Secretary /Treasurer Lyssa J. Harper. a. Harper would review the invoice to ensure accuracy and then submit the invoice to a Borough Council Member for review and approval for payment. 28. Harper would enter the information into QuickBooks and print a check for payment. a. Harper would sign the check along with the President or Vice - President of Borough Council and then send payment. b. All Borough issued checks must bear two (2) signatures. c. The President and Vice - President have authority to sign Borough checks in addition to the Secretary /Treasurer. 29. Receipts maintained by Knoxville Borough Secretary /Treasurer Lyssa J. Harper reflect that Stephen Snyder or other individuals making personal purchases through the Surplus program would reimburse Knoxville Borough for personal purchases that were made. 30. No record exists of Snyder ever reimbursing Knoxville Borough for the (2) tool boxes purchased from the Federal Surplus Property Program on August 13, 2004, and charged to Invoice no. 588225. a. The service charge for the items was $17.50 with a Federal acquisition charge of $2.40. 31. The following chart confirms reimbursements made by Snyder to Knoxville Borough for items purchased at Federal Surplus for the personal use of Snyder or other individuals. 32. Snyder reimbursed the Borough a total of $362.50 for a log splitter, wet vacuum cleaner, and eight (8) personal supplies. a. The Borough was reimbursed for two (2) winter jackets, but those jackets were returned at a later time to the Borough and then returned to the Federal Surplus Program Chief. b. Snyder received reimbursements from others totaling $160.00 which he then forwarded to the Borough. Snyder, 07 -061 Page 9 33. Snyder purchased a log splitter and 2 toolboxes on wheels via invoice #588225. a. These items are currently located at Snyder's residence. b. These items were never used for Knoxville Borough business. 34. Snyder purchased the wet vacuum cleaner and miscellaneous personal supplies via invoice #589151. a. The personal supplies are unable to be identified. b. The vacuum cleaner was discarded due to it being non - operational. 35. Snyder purchased two (2) winter jackets with liners and fur collars and miscellaneous personal supplies via invoice no. 590280. a. The jackets were used by Snyder while he was the Police Chief for Knoxville Borough. b. The personal supplies are unable to be identified. 36. The actual Federal acquisition cost of the merchandise Snyder converted to personal use totaled $1,924.44.* a. The Federal acquisition is the actual amount paid originally for the item by the Federal Government. b. Federal acquisition costs of items purchased for Snyder's personal use: Log Splitter Tool Boxes Personal Supplies Vacuum Cleaner $1,850.00 $ 2.40 $ .06 $ 71.98 $1,924.44* * [Fact Finding 22 includes additional items of minor value that do not affect the calculation of the total private pecuniary benefit in Fact Finding 70.] 37. Snyder reimbursed Knoxville Borough a total of $362.50 (amount paid to Surplus) throughout 2004 and 2005 for personal items purchased through the Surplus program. a. A total of $17.50 (service charge) or $2.40 (Federal acquisition cost) for tool boxes was not paid by Snyder. 38. Snyder realized a private pecuniary gain of $1,561.94 by not paying the actual value of merchandise ($2,524.44) converted from Federal Surplus to personal use or purchased on behalf of another municipality or individual. Federal acquisition Cost $1,924.44 Amount paid by Snyder $ 362.50 $1,561.94 39. The main intent of Snyder traveling to the Federal Surplus warehouse was to purchase items for Knoxville Borough; however, many trips resulted in purchases intended solely for his personal use. Snyder, 07 -061 Page 10 a. Snyder made six (6) trips to Surplus between February 2004 and July 2005. b. Three (3) of the six (6) trips were primarily to make purchases of a personal nature. c. Of the three (3) trips when personal items were purchased, two (2) trips included items purchased for the Borough. 40. Snyder's trip to Surplus on August 13, 2004, resulted in purchases solely for personal purposes. a. Snyder purchased the log splitter and tool boxes on that date. 41. When traveling to Harrisburg to make purchases from Federal Surplus, Snyder used his personal vehicle, but traveled during business hours. 42. Snyder realized a private pecuniary gain of $1,561.94 when traveling to the Federal Surplus Property Program on Borough time to make purchases of a personal nature. $1,561.94 $1,561.94 Purchases THE FOLLOWING FINDINGS RELATE TO THE FEDERAL LAW ENFORCEMENT SURPLUS PROPERTY PROGRAM. 43. Accredited Law Enforcement Agencies in the Commonwealth of Pennsylvania are permitted to apply to participate in the Federal Law Enforcement Surplus Property Program (FLESPP). a. The Federal Law Enforcement Property Program is a federally sponsored program that is administrated by the Pennsylvania Department of General Services. 1. The Federal Law Enforcement Property Program warehouse and executive offices are located at the Pennsylvania Department of Government Services Headquarters at 2221 Forster Street, Harrisburg, Pennsylvania 17125. 44. The Federal Law Enforcement Property Program authorizes sworn law enforcement officers to purchase surplus items, tactical gear, weapons, uniforms, vehicles, weapon accessories, police vehicle accessories, and uniform accessories at a 70% to 90% reduction of actual costs. a. All interested police agencies must make application to the Federal Law Enforcement Property Division to determine eligibility. 45. Police officers who meet criteria for participation are permitted to purchase surplus items at any time during normal daily business hours, Monday through Friday, 8:00 a.m. to 4:00 p.m. a. Federal Law Enforcement Property Division officials require signatures and ranks of the individual police officers authorized by a police agency to make purchases on behalf of a police agency. b. All authorized Pennsylvania purchasers must be duly sworn and Snyder, 07 -061 Page 11 commissioned police officers within the Commonwealth of Pennsylvania. 46. A law enforcement agency's head or commander is authorized to make initial application and may delegate authorized sworn law enforcement officers to purchase items at the Federal Law Enforcement warehouse. 47. Knoxville Borough has participated in the FLESPP since at least 2002. a. Stephen M. Snyder, as Police Chief for Knoxville Borough, was authorized to make application for eligibility. b. Knoxville Borough first applied to the Federal Law Enforcement Property Division on March 11, 2002. 1. Application was made on or about March 11, 2002, by Stephen M. Snyder. 2. Snyder was the only authorized registered screener to make purchases during calendar year 2002. 3. Law Enforcement Surplus Property purchasers are known as " screeners." 4. Only sworn law enforcement officers are permitted to make purchases or be screeners. c. Knoxville Borough reapplied in 2005. 1. Snyder was the only authorized screener in 2005. 2. Application was made on January 31, 2005. 3. Approval occurred on or about February 14, 2005. d. No other screeners were ever listed for Knoxville Borough. 48. Regulations governing the Federal Law Enforcement Supply Program are the same as the Federal Surplus Property Program regulations and in part prohibit the acquisition of property for personal use. 49. From 2002 to 2005, Snyder had made a total of three (3) trips to the Federal Law Enforcement Property warehouse. a. All of the trips Snyder made to Surplus were during the week. b. The trip to Surplus in Harrisburg from Knoxville is approximately a 7 hour round trip. c. One (1) of the trips made by Snyder to Surplus was of a personal nature. 50. The trips made by Snyder were for the purpose of making purchases of Surplus items for Knoxville Borough Police Department as well as items Snyder purchased for his personal purposes and items he purchased on behalf of other individuals /municipalities. a. Snyder did not have a spending limit on any purchases he made for the Borough. Date Invoice No. Items Service Charge Fed. Acq. Cost 9/26/02 D -1151 (5) Riot Helmets $35.00/ $696.25 $150.00 17974 D -1451 $7.00 each item $75.00 18395 D -1518 (3) Gas Mask Filters $4.50 $30.00 (3) Gas Masks $12.00 $279.96 1/16/04 D -1361 Cub Cadet Tractor $150.00 $13,000.00 10/6/04 D -1451 Kawasaki 4 x 4 $75.00 $4,500.00 7/29/05 D -1518 (1) Boresiting $20.00 $725.00 (1) Camera $20.00 $1,002.00 Invoice Number Date Amount Check Number D -1151 10/30/02 $51.50 17276 D -1361 2/10/04 $150.00 17974 D -1451 12/22/04 $75.00 18395 D -1518 10/3/05 $40.00 18748 Invoice Date Invoice No. Description Qty Surplus Charge January 16, 2004 D -1361 Tractor - IHC Cub Cadet MDL -128 1 $150.00 Snyder, 07 -061 Page 12 b. One of the four invoices submitted to Knoxville Borough by Snyder was for a personal purchase made by Snyder which he then re -sold to a member of the Elkland Fire Department. 51. Snyder made the following purchases from FLESPP. a. Snyder signed all the invoices for purchases made from FLESPP with the exception of D -1451. 1. Invoice D -1451 was signed by someone from Elkland Borough after receiving authorization from Snyder to purchase the Kawasaki 4x4. 52. The invoices Snyder received from FLESPP were submitted to Lyssa J. Harper, Knoxville Borough Secretary /Treasurer. a. Harper would review the invoice to ensure accuracy and then have a Borough Council Member review and approve the bill for payment. b. Harper would enter the information into QuickBooks and print a check for payment. 53. Harper would sign the check along with the Borough Council President or Vice - President and send the check for payment. a. All Borough checks must bear two (2) authorized signatures. b. The President and Vice - President of Borough Council, in addition to the Secretary /Treasurer, have authority to sign Borough checks. 54. Knoxville Borough issued the following payments from the General Fund to FLESPP for purchases made by Snyder. 55. Purchases made or authorized by Snyder from FLESPP included items which were utilized for personal purposes of Snyder or a friend as delineated: Snyder, 07 -061 Page 13 October 6, 2004 D -1451 4 X 4 Kawasaki 1 $75.00 a. The Kawasaki is currently located at Snyder's home. b. The Kawasaki was never used for any Knoxville Borough Police Department use. 56. The Cub Cadet tractor was purchased by Snyder. a. Snyder admits that the signature on invoice #D -1361 was his. b. Snyder purchased the tractor and took personal possession of it at the time of purchase. c. Snyder asserts that he purchased the tractor for Larry Calvario, a member of the Elkland Borough Fire Department. 1. The tractor was never used for any Knoxville Borough purposes. d. Snyder later sold the tractor to a member of the Elkland Fire Department. 1. The tractor can not be located. 57. The 4x4 Kawasaki for Snyder was purchased by a member of the Elkland Fire Department or Police Department. a. A member of the Elkland Fire Department or Police Department signed Snyder's name to the invoice for the purchase of the 4x4 Kawasaki. 1. Snyder did not go to Surplus on October 6, 2004. b. Snyder confirmed that he did not sign the invoice for the purchase of the 4x4 on the Knoxville Borough Police Department account. 1. Snyder's signature appeared on Invoice D -1451. c. Snyder received a phone call from the members of the Elkland Fire Department or Police Department who informed him of the availability of the 4x4 at Surplus. 1. Snyder gave authorization to purchase the 4x4. d. The 4x4 was never utilized for any Borough or Police Department purposes. 58. Snyder reimbursed Knoxville Borough for the cost of the Kawasaki and tractor. a. Snyder's payment was made in cash. b. Calvario asserts that he paid cash for the tractor to Snyder who reimbursed the Borough. c. Knoxville Borough Secretary /Treasurer marked bank deposit slips for the payments as reimbursement for Surplus items. 59. According to the Federal Law Enforcement Surplus Program, actual Federal acquisition cost of merchandise Snyder converted to personal use or purchased for another individual totaled $17,500.00. Invoice Number Invoice Date Item Description Qty Cost Location Comment 590280 7/29/05 Military Gasoline Can 1 $8.00 Knoxville Borough Never placed in use by Borough. 590280 7/29/05 Winter Jackets w/ Liners and Fur Collars 7 $210.00 Not Located Never placed in use by Borough. Snyder, 07 -061 Page 14 a. The Federal acquisition cost is the actual amount paid originally for the item by the Federal government. 60. Snyder reimbursed Knoxville Borough a total of $225.00 (amount of service charge paid to Surplus) in 2004. 61. Snyder realized a private pecuniary gain of $17,275.00 by not paying the actual value of merchandise ($4,500.00 [sic]) converted from the Federal Law Enforcement Surplus Property Program to personal use. Acquisition Cost: $ 4,500.00 - Kawasaki z x4 Acquisition Cost: $13,000.00 -Cub Cadet Sub -Total $17,500.00 Less amount paid by Snyder: $ 225.00 Total $17,275.00 62. The trip made by Snyder on January 16, 2004, resulted in purchases made on behalf of another. a. No purchases were made which would have benefited the Borough. 63. Snyder's private pecuniary gain for personal purchases from FLESPP totaled: a. Acquisition Costs $17,275.00 $17,275.00 64. On or around May 2006, Thomas Baker, Knoxville Borough Council Member, became aware of Snyder's purchases of a personal nature from both the Federal Surplus Property Program and the Federal Law Enforcement Surplus Program. a. Council Member Thomas Baker contacted the Pennsylvania Department of Government Services (DGS) and notified Scott Pepperman, Chief, Federal Surplus and Law Enforcement Property Division. 65. In October 2006, DGS contacted Knoxville Borough to advise that a compliance check would be conducted at the Borough in October 2006. a. DGS advised the Borough of the items purchased from Surplus that would be the subject of the review. b. The items included all those purchases by Snyder. 66. During the compliance review, Pepperman determined the following regarding purchases made by Knoxville Borough: 1 Based upon Federal Law Enforcement Surplus documentation, it is believed that Respondent purchased a Surplus Model 128 IHC /Cub Cadet tractor. This model tractor was manufactured from September 1971 through October 1974 and retailed for approximately $2,000.00 in 1974. 590280 7/29/05 Personal Supplies 1 $2.00 Not Located Never placed in use by Borough. 588617 10/22/04 Heater 1 $2.50 Knoxville Borough In proper use by Borough. 588617 10/22/04 Penguin Refrigerator 1 $25.00 Knoxville Borough Never placed in use by Borough. 588617 10/22/04 Paper, Two Hole 10 $50.00 Knoxville Borough In proper use by Borough. 587115 2/25/04 Dead Bolt Locks 1 $1.00 Knoxville Borough In proper use by Borough. 587115 2/25/04 Air Hose 1 $5.00 Knoxville Borough In proper use by Borough. 587115 2/25/04 Toshiba Laptop Computer 1 $225.00 Knoxville Borough Never placed in use by Borough. 587115 2/25/04 Dell Laptop Computer 1 $50.00 Knoxville Borough In proper use by Borough. 588180 8/5/04 Lexmark Laser Printer 1 $175.00 Knoxville Borough Never placed in use by Borough. 588180 8/5/04 Personal Supplies 1 $1.00 Knoxville Borough Never placed in use by Borough. 588225 8/13/04 Log Splitter 1 $300.00 Not Located Never placed in use by Borough. 588225 8/13/04 Tool Boxes with Wheels 2 $17.50 Not Located Never placed in use by Borough. 589151 1/19/05 Metal Fence Posts 10 $20.00 Knoxville Borough In proper use by Borough. 589151 1/19/05 Laboratory Beakers 2 $5.00 Knoxville Borough In proper use by Borough. 589151 1/19/05 Wet Vacuum Cleaner 1 $37.50 Not Located Never placed in use by Borough. 589151 1/19/05 Personal Supplies 3 $3.00 Knoxville Borough Never placed in use by Borough. 589151 1/19/05 Personal Supplies 1 $2.00 Knoxville Borough Never placed in use by Borough. 589151 1/19/05 Personal Supplies 4 $20.00 Knoxville Borough Never placed in use by Borough. Snyder, 07 -061 Page 15 a. Pepperman's review did not include purchases through the FLESPP. 67. On or about May 16, 2007, Knoxville Borough was fined $5,874.76 by the U.S. General Services Administration for items purchased from the Federal Surplus Program. a. Knoxville Borough was fined for the following items: • Toshiba Laptop Computer — OAC ($2,409.00) • Penguin Refrigerator — OAC ($275.00) • Military Gasoline Can — OAC ($24.98) • Winter Jacket x 3 — OAC ($501.00) • Dell Laptop Computer — OAC ($2,539.00) • Wet Vacuum Cleaner — OAC ($671.98)* • Log Splitter — OAC ($1,850.00)* • Tool Boxes x 2 — OAC ($4.80)* • Lexmark Laser Printer — OAC ($2,600.00) • Winter Jackets x 4 — OAC ($748.00)* Snyder, 07 -061 Page 16 *denotes that the item was not located during the compliance review. b. The total OAC (Federal acquisition cost) was $11,523.76.* * [sic]. [There is a one hundred dollar difference in the calculation, which does not affect the calculation of the total private pecuniary benefit in Fact Finding 70.] 1. The fine is derived by taking a percentage of the total acquisition cost to determine a fair market value. 2. The GSA determines the fine amount. 68. Knoxville Borough did not take action against Snyder in his capacity as Police Chief. a. Snyder had resigned his position prior to the Borough receiving notification from the Surplus program. 69. Knoxville Borough paid the fine of $5,874.76 by check #1936 dated May 25, 2007. 70. Stephen M. Snyder's use of the authority of his public position as Chief of Police of Knoxville Borough to purchase items of a personal nature and for other individuals at a discounted price from Federal Surplus and the FLEP program resulted in a private pecuniary gain of: a. Federal Surplus $ 1,850.00 b. Federal Law Enforcement Surplus Program $ 5,500.00 Total $ 7,350.00 III. DISCUSSION: As Chief of Police of Knoxville Borough ( "Borough"), Tioga County, from October 2001 through September 2006, Respondent Stephen M. Snyder ( "Snyder ") has been a public official /public employee 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 Snyder violated Section 1103(a) of the Ethics Act when he, as the Borough Chief of Police, used the authority of his office for a private pecuniary benefit to make purchases for personal use from the Federal Surplus Property Program and the Federal Law Enforcement Surplus Property Program, which programs are limited to governmental entities. 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 2 This value represents the Federal acquisition price of the log - splitter. It is believed the other items purchased were of de minimis value. 3 This value represents the Federal acquisition price of the 4x4 and believed value of the tractor ($1,000.00). Insufficient records exist to place an actual value of the tractor, but it is believed to have retailed as new for between $1,500.00 and $2,000.00 in 1974. Snyder, 07 -061 Page 17 65 Pa.C.S. § 1103(a). employee shall engage in conduct that constitutes a conflict of interest. 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 /public employment or confidential information received by holding such a public position for the private pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Snyder served as the full -time Borough Chief of Police from October 2001 until September 2006. As Chief of Police, Snyder was authorized to make purchases of police items and supplies. Snyder submitted invoices and bills for such purchases to the Borough Secretary /Treasurer for payment. Municipal governments in the Commonwealth of Pennsylvania are eligible to participate in the Federal Surplus Property Program. The Federal Surplus Property Program is a federally sponsored program administered by the Pennsylvania Department of General Services ( "DGS "). The Federal Surplus Property Program authorizes representatives of municipalities to purchase surplus items, vehicles, equipment, and supplies at a 70% to 90% reduction of actual costs. Municipalities that meet criteria for participation are permitted to purchase surplus items at any time during normal daily business hours at the Federal Surplus Property Program warehouse ( "Warehouse ") located at the DGS Headquarters in Harrisburg, Pennsylvania. Only individuals authorized by a municipality can make purchases on behalf of a municipality. Municipalities and authorized individuals are made aware of purchase policies, guidelines, and regulations that govern the purchase of federal surplus property through receipt of notification of Federal Regulations on the initial application; the attachment of such Regulations to form "G- SSS -1," which is the Distribution Document that must be Snyder, 07 -061 Page 18 signed by a purchaser when making purchases; a bold -typed notice paper given to purchasers when removing property from the Warehouse; and a visible bright yellow placard located directly above the checkout register at the Warehouse. Municipalities making purchases from the Federal Surplus Property Program are required to comply with the following relevant Federal and State requirements outlined on form G- SSS -1: (1) the property will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes; (2) the property is not being acquired for any other use or purpose, or for sale or other distribution; (3) all items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the property was placed in use; (4) if the property is not placed in use, the property must be returned to the state or made available to transfer to another agency or the state; and (5) for items with an acquisition cost of $5,000.00 or more, the property shall be used only for the purposes(s) for which acquired and no other purpose(s). A bright yellow placard displayed in the Warehouse contains, in part, the following statements: You agreed to use the surplus property only in the official program which you represent." You agreed that you would not sell the property, loan it, trade it, or tear it down for parts unless we give you permission before you do it." You agreed to pay the U.S. Government if you did not use the property according to your agreement." "Surplus property must be used in an authorized program." "Personal use or non -use of surplus property is not permitted." Each item for sale at the Warehouse is assigned an "acquisition cost," which is the value of an item if purchased retail at the time of sale as determined by the Federal General Services Administration. The acquisition cost for each item appears on form G- SSS-1. Prior to removing items from the Warehouse, purchasers must register with the Federal service representative, receive form G- SSS -1, receive authorization to peruse the Warehouse and outside storage yard, present selected items and form G -SSS -1 to the Federal service representative, sign form G- SSS -1, and receive an abridged copy of rules and regulations. The Borough has been approved to participate in the Federal Surplus Property Program since approximately 2001. Between February 2004 and June 2005, Snyder, as Borough Chief of Police and an authorized purchaser for the Borough under the Federal Surplus Property Program, made the seven hour round trip to the Warehouse a total of six times. Three such trips were made primarily for Snyder to purchase items for Snyder's personal use. Per the Fact Findings, in 2004 and 2005, Snyder made purchases of personal supplies, two toolboxes, a wet vacuum cleaner, and a log splitter from the Federal Surplus Property Program for his personal use. Snyder also purchased items for the personal use of other individuals. Snyder signed the invoices for these purchases and submitted them to the Borough Secretary /Treasurer for payment. Snyder reimbursed the Borough for the amounts paid for items Snyder purchased for personal use. Snyder, 07 -061 Page 19 The stipulated total Federal acquisition cost for the items Snyder purchased for his personal use was $1,924.44, which included $1,850.00 for the log splitter. The price paid by Snyder for these items was $362.50, of which $300.00 was for the log splitter. The log splitter is currently located at Snyder's residence. It has never been used for Borough business. The parties have stipulated that Snyder realized a private pecuniary gain of $1,561.94 when he purchased the aforesaid items from the Federal Surplus Property Program for his personal use. Accredited Law Enforcement Agencies in the Commonwealth of Pennsylvania are permitted to apply to participate in the Federal Law Enforcement Surplus Property Program. The Federal Law Enforcement Surplus Property Program is a federally sponsored program that is administrated by DGS. The Federal Law Enforcement Surplus Property Program enables authorized law enforcement officers to purchase surplus items, tactical gear, weapons, uniforms, vehicles, weapon accessories, police vehicle accessories, and uniform accessories at a 70% to 90% reduction of actual costs. Sworn law enforcement officers who meet criteria for participation are known as " screeners." Screeners are permitted to purchase surplus items at any time during normal daily business hours at the Federal Law Enforcement Surplus Property Program warehouse, which is located at the same address as the Federal Surplus Property Program Warehouse in Harrisburg, Pennsylvania. The regulations governing the Federal Law Enforcement Surplus Property Program are the same as the Federal Surplus Property Program regulations and, in part, prohibit the acquisition of property for personal use. Fact Finding 48. The Borough has participated in the Federal Law Enforcement Surplus Property Program since Snyder, as Borough Chief of Police, first applied on behalf of the Borough on March 11, 2002. From 2002 to 2005, Snyder, as a screener for the Borough, made the seven hour round trip to the Warehouse a total of three times; one such trip was of a personal nature. The following purchases from the Federal Law Enforcement Surplus Property Program were made by Snyder or with Snyder's authorization for Snyder's personal use or the personal use of Snyder's friend: on January 16, 2004, Snyder purchased an IHC Cub Cadet tractor ( "Tractor ") at a cost of $150.00; and on October 6, 2004, a Kawasaki 4 X 4 ( "Kawasaki ") was purchased with Snyder's authorization at a cost of $75.00. The Federal acquisition cost for the Kawasaki was $4,500.00. The Federal acquisition cost for the Tractor was $13,000.00. However, the parties believe that the retail price of the Tractor when new would have been between $1,500.00 and $2,000.00, and that for purposes of this matter, its fair market value would be $1,000.00. Fact Findings 51, 61, 70b, Footnote 3. Snyder signed the invoice for the Tractor and took personal possession of it at the time of purchase. A member of the Elkland Fire Department or Police Department signed Snyder's name to the invoice for the Kawasaki after receiving Snyder's authorization to purchase the Kawasaki. The Borough issued payments from its General Fund account to the Federal Law Enforcement Surplus Property Program, which included payments for the Tractor and the Kawasaki. Snyder made a cash payment to the Borough of $225.00, representing the Borough's payments to the Federal Law Enforcement Surplus Property Program for the Tractor and the Kawasaki. The Tractor and the Kawasaki were never used for Borough or Police Department Snyder, 07 -061 Page 20 purposes. Snyder asserts that he purchased the Tractor for a member of the Elkland Borough Fire Department. Snyder later sold the Tractor to a member of the fire department. The Tractor cannot be located. The Kawasaki is currently located at Snyder's residence. After an October 2006 compliance check, the U.S. General Services Administration fined the Borough $5,874.76 for items purchased from the Federal Surplus Property Program that were never placed in use by the Borough, including items that Snyder had purchased for his personal use. The Borough did not take action against Snyder to recover the aforesaid fine. Snyder had resigned from his Borough position prior to the October 2006 compliance check. The parties have stipulated that Snyder's use of the authority of his position as Borough Chief of Police to purchase items from the Federal Surplus Property Program and the Federal Law Enforcement Surplus Property Program for his personal use or for the personal use of other(s) resulted in a private pecuniary gain of $7,350.00, calculated as the sum of the acquisition price of the log - splitter ($1,850.00), the approximate fair market value of the Tractor ($1,000.00), and the acquisition price of the Kawasaki ($4,500.00). 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 Snyder utilizing the authority of his public office /public employment as Chief of Police of Knoxville Borough, Tioga County, to purchase and /or authorize the purchase of a log splitter from the Federal Surplus Property Program, resulting in said items being retained and /or disposed of in violation of the guidelines of the Federal Surplus Property Program and /or converted to personal use; and b. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred in relation to Snyder utilizing the authority of his public office /public employment as Chief of Police of Knoxville Borough, Tioga County, to purchase and /or authorize the purchase of a Kawasaki 4x4 and a Model 128 IHC /Cub Cadet tractor from the Federal Law Enforcement Surplus Property Program, resulting in said items being retained and /or disposed of in violation of the guidelines of the Federal Law Enforcement Surplus Property Program and /or converted to personal use. 4. Snyder agrees to make payment in the amount of $7,350.00 in settlement of this matter. Said settlement amount is to be made in monthly payments of $200.00 per month for thirty -six (36) months and a final payment of $150.00, made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Snyder, 07 -061 Page 21 Commission, with the first payment due [within] thirty (30) days of the issuance of the final adjudication in this matter. Snyder agrees to not accept any reimbursement, compensation or other payment from Knoxville Borough 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 Snyder used the authority of his public position as the Borough Chief of Police when he purchased the log splitter from the Federal Surplus Property Program and retained such log splitter for his personal use. But for the fact that Snyder was the Borough Chief of Police, he would not have been in a position to be an authorized purchaser under the Federal Surplus Property Program and to make purchases for his personal use. Such actions were uses of authority of Snyder's public position (see, Juliante, Order 809), which resulted in a private pecuniary benefit to Snyder in the amount of $1,850.00, the acquisition price of the log splitter. Snyder's personal use of items purchased from the Federal Surplus Property Program, including the log splitter, was specifically prohibited. See, Fact Findings 8a, 8b, 8d1, 9. Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Snyder utilizing the authority of his public office /public employment as Borough Chief of Police to purchase and /or authorize the purchase of a log splitter from the Federal Surplus Property Program, resulting in said item being retained and /or disposed of in violation of the guidelines of the Federal Surplus Property Program and /or converted to personal use. Cf., Fisher, Order 1332; Kolb, Order 1322. Turning to the second recommended violation proposed by the parties, we agree that a violation of Section 1103(a) of the Ethics Act occurred when Snyder used the authority of his public position as the Borough Chief of Police to purchase and /or authorize the purchase, from the Federal Law Enforcement Surplus Property Program, of the Tractor for the personal use of Snyder or other(s) and the Kawasaki for the personal use of Snyder. But for the fact that Snyder was the Borough Chief of Police, he would not have been in a position to purchase and /or authorize the purchase of items from the Federal Law Enforcement Surplus Property Program for his personal use or the personal use of other(s). Such actions were uses of authority of Snyder's public position (see, Juliante, Order 809), which resulted in a private pecuniary benefit of $5,500.00. The purchase /use of the Tractor and Kawasaki for personal purposes was specifically prohibited. See, Fact Findings 8a, 8b, 8d, 8e, 9, 48. Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act occurred in relation to Snyder utilizing the authority of his public office /public employment as Borough Chief of Police to purchase and /or authorize the purchase of the Kawasaki and Tractor from the Federal Law Enforcement Surplus Property Program, resulting in said items being retained and /or disposed of in violation of the guidelines of the Federal Law Enforcement Surplus Property Program and /or converted to personal use. As part of the Consent Agreement, Snyder has agreed to make payment in the Snyder, 07 -061 Page 22 amount of $7,350.00 in settlement of this matter as follows: monthly payments of $200.00 per month for thirty -six (36) months and a final payment of $150.00, with said payments to be made payable to the Commonwealth of Pennsylvania and forwarded to this Commission, and with the first such payment due within thirty (30) days of the issuance of this adjudication and Order. Additionally, Snyder has agreed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement, Snyder is directed to make payment in the amount of $7,350.00 as follows: monthly payments of $200.00 per month for thirty -six (36) months and a final payment of $150.00, with said payments to be made payable to the Commonwealth of Pennsylvania and forwarded to this Commission, and with the first such 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, Snyder is further directed to not accept any reimbursement, compensation or other payment from the Borough 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 Chief of Police for Knoxville Borough ( "Borough ") from October 2001 until September 2006, Respondent Stephen M. Snyder ( "Snyder ") has been a public official /public employee subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. Snyder violated Section 1103(a) of the Ethics Act when he used the authority of his public office /public employment as Borough Chief of Police to purchase and /or authorize the purchase of a log splitter from the Federal Surplus Property Program, resulting in said item being retained and /or disposed of in violation of the guidelines of the Federal Surplus Property Program and /or converted to personal use. 3. Snyder violated Section 1103(a) of the Ethics Act when he used the authority of his public office /public employment as Borough Chief of Police to purchase and /or authorize the purchase of a Kawasaki 4x4 and a Model 128 IHC /Cub Cadet tractor from the Federal Law Enforcement Surplus Property Program, resulting in said items being retained and /or disposed of in violation of the guidelines of the Federal Law Enforcement Surplus Property Program and /or converted to personal use. In Re: Stephen M. Snyder, Respondent ORDER NO. 1499 File Docket: 07 -061 Date Decided: 12/4/08 Date Mailed: 12/19/08 1 Respondent Stephen M. Snyder ( "Snyder "), a public official /public employee in his capacity as Chief of Police for Knoxville Borough ( "Borough ") from October 2001 until September 2006, violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he used the authority of his public office /public employment as Borough Chief of Police to purchase and /or authorize the purchase of a log splitter from the Federal Surplus Property Program, resulting in said item being retained and /or disposed of in violation of the guidelines of the Federal Surplus Property Program and /or converted to personal use. 2. Snyder violated Section 1103(a) of the Ethics Act when he used the authority of his public office /public employment as Borough Chief of Police to purchase and /or authorize the purchase of a Kawasaki 4x4 and a Model 128 IHC /Cub Cadet tractor from the Federal Law Enforcement Surplus Property Program, resulting in said items being retained and /or disposed of in violation of the guidelines of the Federal Law Enforcement Surplus Property Program and /or converted to personal use. 3. Per the Consent Agreement of the parties, Snyder is directed to make payment in the amount of $7,350.00 as follows: monthly payments of $200.00 per month for thirty -six (36) months and a final payment of $150.00, with said payments to be made payable to the Commonwealth of Pennsylvania and forwarded to this Commission, and with the first such payment due by no later than the thirtieth (30 day after the mailing date of this Order. 4. Per the Consent Agreement of the parties, Snyder is directed to not accept any reimbursement, compensation or other payment from the Borough representing a full or partial reimbursement of the amount paid in settlement of this matter. 5. Compliance with paragraphs 3 and 4 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