HomeMy WebLinkAbout1527 SnyderIn Re: Roger M. Snyder,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Louis W. Fryman, Chair
John J. Bolger, Vice Chair
Donald M. McCurdy
Nicholas A. Colafella
Mark Volk
07 -086
Order No. 1527
7/22/09
8/4/09
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(s). 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 held. The record is
complete.
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 -086
Page 2
I. ALLEGATIONS:
That Roger Snyder, a (public official /public employee) in his capacity as a West
Donegal Township Supervisor violated the following provision(s) of the State Ethics Act
(Act 93 of 1998) when he used the authority of his public position for private pecuniary
gain when he used township employees, supplies, and equipment to produce campaign
literature for the 2007 elections in which he was a candidate for township supervisor; when
he utilized township equipment and materials to construct a driveway at a rental property
he owns; and when he used township dumpsters to dispose of personal trash.
§ 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).
§ 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.
II. FINDINGS:
A. Pleadings
1. On November 1, 2007, a letter was forwarded to Roger Snyder by the Investigative
Division of the State Ethics Commission, informing him that a complaint against him
was received by the Investigative Division and that a full investigation was being
commenced.
a. Said letter was forwarded by certified mail, no. 7006 2150 0000 8776 4926.
b. The domestic return receipt bore the signature of Cheryl Snyder, with a
delivery date of November 2, 2007.
2. Periodic notice letters were forwarded to Snyder in accordance with the provisions
of the Ethics Act, advising him of the general status of the investigation.
3. The Investigative Complaint was mailed to Snyder on April 1, 2008.
4. Snyder has served as a member of the West Donegal Township Board of
Supervisors since approximately January 1996.
Snyder, 07 -086
Page 3
a. West Donegal Township is designated a second class township [and is]
governed by a five (5) member Board of Supervisors.
5. As a West Donegal Township Supervisor, Snyder has general supervisory
responsibilities....
a. Snyder was the Township Supervisor with oversight responsibility for the
Township road department during 2007.
b. West Donegal Township employs approximately six (6) full time personnel
split between the administrative offices and road crew to handle the day -to-
day operations of the Township.
c. Snyder did not work as an employee of the Township.
6. The Township municipal complex is located at One Municipal Drive, Elizabethtown,
Pennsylvania....
a. Included at the municipal complex are the Township municipal offices, Road
Department /Public Works Garage, recreational facilities, public works
materials storage area, and West Donegal Township Sewer Authority and
Elizabethtown Area Water Authority offices.
b. The Road Department also has use of a private garage for equipment
storage approximately 1/10 mile from the municipal complex.
7 Snyder owns rental property located at [street address redacted], Elizabethtown,
Pennsylvania....
a. This property is located approximately [distance] from the West Donegal
Township municipal complex.
b. This property has a detached garage....
c. Situated adjacent to the property in the rear is the auxiliary storage garage
used by the Township's Public Works Department.
d. Snyder's personal residence is located at [street address redacted],
Elizabethtown, Pennsylvania....
1. This property is located across [the road] from Snyder's rental
property.
8. West Donegal Township was utilizing dumpster boxes from Lebanon Farms
Disposal from April 1, 2004, through March 31, 2007, pursuant to a municipal waste
hauling contract with the Township.
a. Effective April 1, 2007, the Township's municipal waste hauling contract was
with York Waste Disposal.
9. The Lancaster County Solid Waste Authority had separate rate schedules for the
2006 and 2007 calendar years.
a. During the 2006 calendar year the following fee schedule was in place:
Tires: $2.00 per tire.
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Page 4
Extra bags: $1.25 per extra bag.
Oversized items: $4.00 each.
Appliances: $12.00 each.
b. During the 2007 calendar year, construction /demolition fees were increased
to $72.00 per ton and extra bags were increased to $1.50 each.
1. Other dumping fees remained the same.
10. Snyder had access to the Township dumpster on weekends.
11. Until mid 2007, dumpster boxes at the West Donegal Township municipal building
were not secured in any fashion.
12. Lebanon Farms Disposal, the Township's waste /trash hauler from 2004 through
March 2007, charged ... fees for anyone in need of a dumpster for debris.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION
OF SNYDER'S USE OF TOWNSHIP EQUIPMENT
13. West Donegal Township's equipment includes dump trucks, a backhoe, a roller,
and a front end loader.
a. On October 16, 2006, the Township's Board of Supervisors enacted
Resolution No. 06/2006 which established fees to be charged for Township
equipment [rental].
b. This resolution amended the fee schedule for equipment rental contained in
Resolution No. 02/2001.
c. The rental fees included the equipment and operator. Specifically included
in the resolution is all prices include operator -No equipment without
operator."
d. The Township's fee schedule included hourly rates for the Township's
backhoe, roller, and dump truck. Hourly rates were as follows: dump truck
$55.00; backhoe $65.00; and roller $48.00.
14. Snyder was aware of the Township resolutions relating to rental and fees for use of
Township equipment.
15. The Township roller was delivered to Snyder's property at Snyder's direction
around 2 p.m. in the afternoon on one occasion in 2007.
16. On August 17, 2007, Road Foreman Jeff Templin received two hours overtime pay
to meet Snyder at a Township jobsite on Foreman Road.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION OF SNYDER
USING TOWNSHIP EMPLOYEES AND A COPY MACHINE FOR HIS RE-
ELECTION
17. On December 1, 2003, West Donegal Township enacted Resolution No. 16 -03
relating to the "inspection and duplication of public records in accordance with the
Pennsylvania Right to Know Law as amended by Act 100 of 2002."
a. Contained within Resolution No. 16 -03 is the following fee schedule relating
to the duplication and certification of Township records:
Snyder, 07 -086
Page 5
Photocopying per page $0.10
Color copies per page $0.30
Formatted computer disks $10.00
Certification of any document as a $5.00
true and correct copy of a Township record
Certification that the Township has examined $5.00
its records and an identified record does not
exist.
Postage or express mail charges to Actual cost incurred by
Township respond for public record by forwarding
records to requester
Reproduction of record by third party Actual cost incurred by
Township
when Township does not have necessary
equipment
Search of records by Township employee if $10.00 per'/ hour
written request does not precisely identify
the public record
18. The basis for West Donegal Township Resolution No. 16 -03 was to establish a fee
structure for the duplication of Township records.
19. Snyder was seeking reelection as a West Donegal Township Supervisor in 2007.
a. Snyder ran for reelection as a team with Supervisor Nancy Garber.
b. Both were running for reelection in the primary on the same party ticket.
20. Snyder utilized Township equipment, materials, and facilities and [a Township]
employee to duplicate his campaign literature for both the primary and general
municipal elections held in 2007.
21. On three separate days between April 9, 2007, and April 30, 2007, Snyder directed
Township clerical employee Amanda Willenbecher to create and duplicate
campaign literature for Snyder.
a. Willenbecher worked on the project on April 9, 10, and 30, 2007.
b. Snyder provided the information needed for the flyers as well as blank copy
paper to be used by Willenbecher.
c. Willenbecher spent approximately three (3) hours creating and editing the
campaign literature on these days.
d. She did this on Township time using Township equipment and facilities.
e. Willenbecher spent an additional eight (8) hours on April 30, 2007, copying
the campaign literature at Snyder's direction.
Snyder, 07 -086
Page 6
f. Snyder instructed Willenbecher to be discreet in copying the materials.
Willenbecher's hourly salary in 2007 was $14.42.
h. Snyder did not reimburse the Township for any time Willenbecher spent on
the project.
Willenbecher's wages for the eleven (11) hours she spent on the project
totaled $158.62.
g.
22. On April 9, 2007, Willenbecher edited a one -page campaign flyer for Snyder dated
April 6, 2007.
a. This document had a photo of Snyder on it and a place for a photo of Nancy
Garber who was running for reelection with Snyder.
23. On April 10, 2007, Willenbecher completed editing the flyer, [including] changing
the date to May 1, 2007, [adding] a photograph of Nancy Garber, and [making]
typographical changes.
a. Willenbecher used a Township digital camera to photograph Garber.
24. On April 30, 2007, Willenbecher created a double sided campaign flyer at Snyder's
direction.
a.
b.
The front side of the flyer was split into two identical sections with photos of
Nancy Garber and Roger Snyder on them.
Also included was the following caption: "Re -elect Garber & Snyder West
Donegal Township Supervisors May 15 respected, experienced, effective
paid for by the committee to re -elect Nancy Z. Garber and Roger Snyder
Supervisors."
c. The back side had qualifications for both candidates listed twice: once on
the top half and a second time on the bottom half of the flyer.
25. Snyder did not receive approval from the Board of Supervisors to use Township
employees or equipment to create and duplicate campaign materials.
a. Snyder undertook this endeavor without the knowledge or approval of his
running mate, Nancy Garber.
26. Willenbecher charged Snyder the Township's actual cost per copy of .00970 cents
for black/white and .098 cents for color.
a. On May 16, 2007, Snyder was invoiced in the amount of $172.41 for 1690
color copies ($165.62) and 700 black/white copies ($6.79).
b. Snyder paid this invoice on May 24, 2007.
27. Snyder informed Garber of her portion of the campaign expenses for campaign
materials.
28. Nancy Garber issued two (2) personal checks totaling $1,158.54 to Snyder to cover
campaign expenses.
a. Garber's personal check number 1917 in the amount of $500.00 was issued
Snyder, 07 -086
Page 7
to Snyder on September 10, 2007.
b. Garber's personal check number 1927 in the amount of $658.54 was issued
to Snyder on October 1, 2007.
c. Garber did not make any payments to West Donegal Township toward the
cost of editing and duplication of campaign materials.
29. During the fall 2007 general election, Snyder was running for the position of
Supervisor as a team with incumbent Supervisor Nancy Garber.
a. Snyder also was ... running against Keith Murphy.
30. On October 29, 2007, Snyder directed Amanda Willenbecher to edit a campaign
flyer for him on Township time, using a Township computer.
a. Willenbecher spent approximately one (1) hour editing the flyer.
b. Willenbecher spent 1.5 hours printing the flyer using the Township copier on
October 30, 2007, and an additional 6 hours on October 31, 2007.
31. The actual literature consisted of two separate pages.
a. The first page is a sample ballot for the position of West Donegal Township
Supervisor with the boxes for Nancy Z. Garber and Roger Snyder
highlighted in yellow and the actual voting box shaded in black to reflect a
vote for each candidate. This sequence is repeated three times on the flyer
along with the captions "Vote Republican for West Donegal Township
Supervisors Re -elect incumbents Nancy Z. Garber and Roger Snyder" and
"Paid for by The Committee to Re -elect Nancy Z. Garber and Roger Snyder
Supervisors."
b. The second page of the flyer has the following information repeated three
times:
The Garber /Snyder Team
Proven Quality and Effective Leadership
• Completion of Foreman Road Bridge Project for use by
hundreds of people
• No tax increases for 11 of 12 budget cycles
• Construction of modern municipal office
• Improvements to municipal facilities at no cost to taxpayers
• Acquisition of additional recreation land at no cost to taxpayers
32. On October 31, 2007, West Donegal Township Supervisor Charlie Tupper stopped
by the Township building and witnessed the campaign literature being duplicated.
a. Tupper directed that the copying cease and contacted Police Chief Charles
Kraus.
b. Chief Kraus went to the Township building and seized the copies.
33. West Donegal Township Supervisors billed Snyder for 8.5 hours of Willenbecher's
time plus 25% for her benefits and $0.098 per copy for 2000 color copies.
a. Snyder was invoiced by the Township on November 2, 2007, in the amount
of $349.21.
Snyder, 07 -086
Page 8
b. Snyder paid the invoice on December 4, 2007.
34. Snyder requested that Nancy Garber reimburse him personally $349.00, the
amount he was charged by the Township for copying campaign literature.
a. Garber refused to pay Snyder anything toward this invoice.
b. Garber was not aware Snyder was using Township employees to create
campaign literature.
c. Garber was out of town when these copies were made.
35. Snyder did not receive permission from the West Donegal Township Board of
Supervisors to use the Township copier to produce copies promoting his re-
election.
36. Copying costs for Snyder at Staples in Hershey to produce his campaign literature
prepared by Willenbecher [were] approximately $846.80.
a. Total charges based on:
2000 color copies at $0.39 each $780.00
Set up fee $20.00 minimum $ 20.00
Subtotal $800.00
PA Sales tax 6% $ 46.80
Total $846.80
B. Testimon
37. David George ( "George ") was employed as a laborer with the West Donegal
Township road department from December 2004 until March 2008.
a. On one occasion, George's immediate supervisor, Jeff Templin, directed him
to deliver a load of topsoil to Snyder's rental property.
1. George used a Township payloader to load the Township dump truck
with topsoil from the Township stockpile, and he dumped
approximately eight tons of topsoil in the backyard of Snyder's rental
property.
2. The Township uses topsoil to make the shoulders of roads look nice
after the roads have been repaved.
3. George does not know what the topsoil was used for.
b. On two different occasions, George saw Snyder throw materials in the
dumpster located at the Township garage.
38. Jeffrey M. Templin, Sr. ( "Templin ") is employed as the roadmaster for West
Donegal Township.
a. On at least one occasion, Templin saw Snyder throw materials, including
construction materials, in the dumpster at the Township garage.
b. Templin took photographs of debris unrelated to Township projects,
including drywall, bundles of copper pipe casing, and other construction
Snyder, 07 -086
Page 9
debris, that was dumped in the dumpster at the Township garage on at least
four different occasions. (ID 24, 1 -10).
1. Templin took the photographs because the Township was having
problems with the dumpster being filled with trash on weekends.
2. Templin noted that one piece of drywall scrap dumped in the
Township dumpster in December 2006 was octagonal in shape and
identical to the cutout for a window installed in Snyder's garage at his
rental property.
3. On occasion, Templin reported people to the police for using the
Township dumpster.
4. At some time after Templin observed Snyder putting waste in the
dumpster at the Township garage, Templin, at the request of the
Township Manager, installed locks on all of the Township dumpsters
to prevent people from using the dumpsters.
c. On August 17, 2007, Snyder called Templin out to a Township job site to
discuss the widening of a Township road. (ID 20).
1. Although the meeting was to discuss Township road work, Snyder
also asked to use the Township roller.
2. Even though the meeting was short, Templin was automatically
awarded two hours of overtime (time and a half based on a rate of
approximately $18.15 per hour) because he had been called out on
his day off.
3. Templin showed Barry Geib ( "Geib "), a tenant who lives in Snyder's
rental property, how to operate the roller, and Geib drove the roller to
the rental property.
4. The roller was used on asphalt laid on the driveway next to the rental
property.
5. The Township has a resolution that establishes a rental fee for the
roller of $48.00 per hour.
a. Per the resolution, rented Township equipment must be driven
or operated by a Township employee.
6. Templin did not submit documentation to the Township for Snyder to
be billed for use of the roller because he believed that Snyder would
do so, and he does not recall Snyder asking him for an invoice.
7. Templin did not know whether it was okay for Snyder to use the
Township roller.
d. Templin had a load of topsoil delivered to Snyder's rental property at his
request.
e. The Township road crew cut down a bank on the property of Township
Supervisor Nancy Garber because of problems with drifting snow.
1. The road work extended beyond the Township right -of -way and into
Snyder, 07 -086
Page 10
Garber's property.
39. Amanda Willenbecher ( "Willenbecher ") was employed as an Administrative
Assistant with West Donegal Township from approximately October 1998 until
March 2008.
a. As part of her job duties, Willenbecher was in charge of the Township trash
and recycling program.
1. From 2004 through 2007, the Township had a waste management
contract with Lebanon Farms Disposal, Inc. ( "Lebanon Farms ") for the
collection of both residential waste and municipal waste.
a. The contract with Lebanon Farms did not include the collection
of residential or municipal construction /demolition waste.
2. Beginning April 1, 2007, the Township entered into a waste
management contract with York Waste Disposal.
a. The contract with York Waste Disposal did not include the
collection of residential or municipal construction /demolition
waste.
3. Pursuant to a rate schedule of the Lancaster County Solid Waste
Management Authority, for waste disposed of through the above
waste management contracts, the Township would be charged tip
fees of $47.00 per ton of construction /demolition waste disposed of at
the landfill, with an additional Growing Greener Fee of $4.00 per ton
and Transfer fee of $8.50 per ton. (ID 8).
a. The minimum tip fee for construction /demolition waste would
be $25.00.
4. Under the waste management contracts with Lebanon Farms and
York Waste Disposal, the Township was provided with three cubic
yard dumpsters at the Township office, the Township garage, and
several other municipal facilities.
b. Prior to the primary election in May 2007, Snyder approached Willenbecher
and asked her to create and copy a flyer for Snyder's campaign for
reelection as a West Donegal Township Supervisor.
1. Willenbecher told Snyder that she would make the copies for him
because he was her boss.
2. Snyder emailed the campaign flyer to Willenbecher's work email
address, and Willenbecher then used the Township's digital camera
to take pictures of Snyder and his running mate, Nancy Garber, to
place on the flyer.
3. Snyder told Willenbecher to be discreet and not let anybody see what
she was copying when she made copies of the campaign flyer.
4. Snyder provided copy paper, and Willenbecher used the Township
copier to make copies of the campaign flyer.
5. Colony Office Products, the company that provides maintenance for
Snyder, 07 -086
Page 11
the Township copier, charges the Township fees for excess black and
white or color copies made, which fees are less than the fees the
Township charges for copies of Township public records. (ID 10; ID
25 -2).
6. Willenbecher billed Snyder for the copies that she made at the lesser
fees charged by Colony Office Products because Snyder was not
getting copies of Township public records.
7 Willenbecher provided Snyder with a Township invoice dated May 16,
2007, for 700 black/white copies at $0.00970 each ($6.79), and 1690
color copies at $0.09800 each ($165.62), for a total charge of
$172.41, which Snyder paid. (ID 17 -1, 17 -2).
8. Willenbecher initially testified that she spent eleven hours editing and
printing the campaign flyer, but on cross - examination she testified
that she spent several hours on the project. (NT, 93 -94; 118 -119).
a. Willenbecher did not bill Snyder for her time.
c. Prior to the general election in November 2007, Snyder contacted
Willenbecher at the Township office and asked her to make copies of a flyer
for his reelection campaign.
1. Willenbecher began making copies of a campaign flyer for Snyder but
when another Township official saw what she was copying, she was
directed to stop making the copies, and the copies were subsequently
confiscated from the Township office by the police.
2. At the direction of another Township Supervisor, Willenbecher
charged Snyder for the copies that she had made.
3. Willenbecher provided Snyder with a Township invoice dated
November 2, 2007, for 2000 color copies at $0.09800 each ($196.00)
and for 8.5 hours of her time at $14.42 per hour plus 25% ($153.21),
for a total charge of $349.21, which Snyder paid. (ID 18 -1, 18 -2).
4. Snyder was again billed the lesser fee charged by Colony Office
Products for excess color copies made by the Township copier
instead of the fee the Township charges for color copies of Township
public records.
40. Judy Ebersole ( "Ebersole ") is employed as the Office Manager of West Donegal
Township.
a. West Donegal Township Resolution No. 16 -03, adopted by the Township
Board of Supervisors on December 1, 2003, establishes fees imposed by the
Township in connection with requests for inspection and duplication of public
records. (ID 10).
1. The Resolution establishes a fee of $0.10 per page for photocopies,
with a fee of $0.30 per page for color photocopies.
b. West Donegal Township Resolution No. 8/2006, adopted December4, 2006,
establishes fees for miscellaneous Township permits and services. (ID 12).
1. Section 15 of the Resolution provides as follows:
Snyder, 07 -086
Page 12
Section 15. Fees for Copies of Township Publications. The
following fees shall be imposed for copies of the following Township
publications:
Zoning Ordinance ........................ .........................$35.00
Subdivision and Land Development Ordinance ...........$35.00
Storm Water Management Ordinance ........................$25.00
ZoningMaps ............................ ..............................$ 6.00
Fees for copies of Township Publications.........$0.10 per page
2. Resolution No. 8/2006 is signed by Snyder in his capacity as Vice
Chairman of the Township Board of Supervisors.
c. To the best of Ebersole's knowledge, no Township resident other than
Snyder has ever requested that non - Township materials be photocopied at
the Township office.
d. For the period from October 23, 2007, to November 23, 2007, the Township
was charged $261.66 by Colony Office Products for excess copies made on
the Township copier.
41. Nick Viscome ( "Viscome ") has served as the Township Manager for West Donegal
Township since 2002.
a. The Board of Supervisors of West Donegal Township consists of five
Members.
b. The Township municipal complex consists, in pertinent part, of the Township
office and the Township garage.
1. After the Township roadmaster informed Viscome of problems with
the Township dumpsters being used on weekends, Viscome directed
that the dumpsters be chained.
c. Because the Township occasionally shares equipment with neighboring
municipalities, a schedule was developed for fees to be charged other
municipalities for the rental of each piece of borrowed /exchanged
equipment.
1. West Donegal Township Resolution No. 06/2006, adopted October
16, 2006, establishes the fees to be charged for Township equipment
rentals. (ID -11).
a. On its face, Resolution No. 06/2006 does not indicate who is
authorized to rent Township equipment or require approval of
such rentals.
2. The resolution establishes, in pertinent part, the following charges:
Township roller - $48.00; Township backhoe - $65; and Township
dump truck - $55.
3. The resolution provides that All Prices include Operator — No
Equipment without Operator."
4. The resolution is signed by Snyder as Chairman of the Township
Board of Supervisors.
Snyder, 07 -086
Page 13
d. Viscome is not aware of West Donegal Township ever renting its equipment
to Township residents.
e. The Township does not have an office specifically designated for the renting
or leasing of Township equipment.
f. Snyder never asked Viscome for permission to utilize Township equipment
for any type of project.
g. The Township road crew shaved off the bank of the property of Township
Supervisor Nancy Garber because Templin was concerned about problems
with drifting snow.
42. Charles Tupper ( "Tupper ") has served as a West Donegal Township Supervisor
since approximately 1999.
a. At the same time that the Snyder /Garber campaign flyers for the November
2007 general election were being copied, Tupper received a telephone call
regarding the use of the Township copier.
b. Tupper went to the Township office and when he saw what the Township
copier was being used for, he telephoned the Chief of the Northwest
Regional Police Department.
c. After the Police Chief arrived, Tupper ordered that the copying be stopped,
and then the Police Chief confiscated the copies that had been made.
d. At Tupper's direction, Snyder was billed for the copies and the time spent
making them by Willenbecher.
e. The Township does not make photocopies of personal documents, and it is
not in the business of running a copying service.
f. Tupper does not recall Snyder ever asking the Township Board of
Supervisors for permission to utilize the Township roller.
Due to insurance concerns, it is Township policy that rented Township
equipment be accompanied by an operator.
g.
43. Charles Krauss, III ( "Krause ") was employed as Chief of the Northwest Regional
Police Department from October 2003 to January 2008.
a. West Donegal Township is within the jurisdiction of the Northwest Regional
Police Department.
b. In the fall of 2007, Tupper telephoned Krause and asked him to respond to
the West Donegal Township office.
c. When Krause arrived at the Township office, he observed that the Township
copier was making color copies of a campaign flyer for the reelection of
Snyder and Nancy Garber as Township Supervisors.
d. Krause telephoned the Lancaster County District Attorney and the Township
Solicitor and on their advice, he confiscated the campaign flyers that had
already been printed.
Snyder, 07 -086
Page 14
44. Nancy D. Garber ( "Garber ") is a Member and Chair of the West Donegal Township
Board of Supervisors.
a. In 2007, Garber and Snyder were both up for reelection to the Township
Board of Supervisors.
b. For the May 2007 primary election, Garber and Snyder had a campaign flyer
prepared which consisted of a joint letter from them accompanied with their
photographs. (ID 13 -2).
c. Garber did not direct any Township employee to make copies of campaign
materials for the primary or general elections in 2007.
d. Garber was not aware that Township equipment was going to be utilized to
create campaign flyers for her joint reelection campaign with Snyder, and
had she known, she would not have allowed it to occur.
e. Garber initially made payments to Snyder to contribute toward their joint
campaign expenses, but she did not make any further payments once she
became aware of the use of the Township copier to make copies of
campaign materials.
f. Garber never had a conversation with Snyder with regard to having the
Township do some grading work on the bank of her property.
1. The Township did some grading on a bank on Garber's property as a
safety measure and not for the express purpose of benefiting Garber.
45. Earl H. Kean ( "Kean ") is a resident of West Donegal Township.
a. In 2007, Kean acted as the manager of the campaign committee formed for
Snyder's and Garber's reelection to the West Donegal Township Board of
Supervisors.
b. Kean and Snyder worked together on campaign strategy and the creation of
flyers for the primary and general elections in 2007.
c. Snyder told Kean that the Township had a policy that would allow Snyder to
have copies of the campaign flyer for the 2007 primary election made at the
Township at cost.
d. Kean was concerned that the strategy and tactics for Snyder's reelection
campaign might be accessed by another Township Supervisor because the
campaign flyers were being copied at the Township office, and he relayed
those concerns to Snyder.
e. One day while Kean was driving in the Township, he observed Snyder and
an individual named Barry Geib spreading asphalt in a driveway and using
the Township roller to compact the asphalt.
1. Snyder told Kean that a Township resolution permitted the rental of
Township equipment, and the Township roadmasterwould calculate a
fee for Snyder's use of the Township roller and then an invoice would
be sent to him.
46. Barry L. Geib ( "Geib ") is the tenant of Snyder's rental property at [street address
redacted], Elizabethtown, Pennsylvania.
Snyder, 07 -086
Page 15
a. Geib is employed as a truck driver with a company that hauls materials such
as sand, salt, and blacktop.
b. When Geib moved in at Snyder's rental property, he asked whether Snyder
would be interested in paving the stone driveway with excess blacktop that
Geib could obtain from his employer at no cost.
c. Geib told Snyder that laying the blacktop would require raking it out by hand
and then rolling it to make it adhere to the stone base of the driveway.
1. If Snyder had not had access to a roller, Geib would not have done
the work on Snyder's driveway because blacktop will not adhere
properly unless it is rolled.
d. Snyder said that he had made arrangements with Templin to rent the
Township roller, and Geib was present during two conversations between
Templin and Snyder where Templin indicated that he would bill Snyder for
the number of times the roller was used.
e. Geib used the Township roller on Snyder's driveway on four occasions of
about fifteen to twenty minutes each, beginning on June 18, 2007, and when
he was finished using it, Snyder asked Templin for a bill for using the roller
four times.
f. Geib made other improvements to Snyder's rental property, including laying
tile in the basement, painting the porch, landscaping the grounds, and
putting in a fish pond.
1. Geib made the improvements because he is happy at the rental
property and does not intend to move.
Snyder's father owns the property adjacent to Snyder's rental property, and
Geib saw Snyder use a load of topsoil to fill in the shoulder of the road in
front of his father's property where a hedgerow had been removed.
g.
47. Jay Hilsher ( "Hilsher ") has served as a Supervisor for West Donegal Township
since approximately 1996.
a. Hilsher never authorized Snyder to get a load of topsoil dumped at his
property, to use the Township copier to copy campaign materials, or to use
the Township roller on his property.
48. Snyder has served as a Supervisor for West Donegal Township since January
1996, and he was appointed as Chairman of the Township Board of Supervisors
nine times.
a. Snyder and his wife live at [street address redacted], Elizabethtown,
Pennsylvania, and they own a rental property across the street at [street
address redacted], Elizabethtown, Pennsylvania, which property is currently
rented to Geib.
b. Snyder's father owns the property at [street address redacted],
Elizabethtown, Pennsylvania, which property is adjacent to Snyder's rental
property.
c. The Township's waste management contract covers all Township residential
Snyder, 07 -086
Page 16
property owners but not commercial property owners, and it is funded by the
rate payers.
1. The contractor for the Township waste management contract is
responsible for several dumpsters placed on Township property.
2. Pursuant to the Township waste management contract, a ratepayer is
permitted to put out three thirty -two (32) gallon containers of trash per
week.
3. Snyder, as the owner of two properties in the Township, pays
approximately $200 per year per property as a ratepayer under the
Township waste management contract.
4. The Township dumpsters are collected on a weekly basis along with
the residential trash.
5. The Township waste management contract permits a ratepayer to
include one 32- gallon container of construction and demolition waste
per week for collection.
a. Construction and demolition waste over the above -limit may be
delivered to the Lancaster County Solid Waste Management
Authority for disposal for a fee.
d. On or about December 26, 2006, Snyder dumped about a sheet and a half of
drywall in the dumpster at the Township garage, and on January 2, 2007, he
dumped two 32- gallon containers of scrap drywall pieces in the same
dumpster.
e. On two other occasions, Snyder dumped bundles of pipe insulation in the
dumpster at the Township garage.
f. Snyder, who is not home during the week because of his employment, put
his construction waste in the Township dumpster instead of putting it out for
collection with his other trash because residential waste could not be put out
for collection earlier than Tuesday evening, and the waste was heavier than
his wife could handle.
g.
In 1995, the Township Board of Supervisors adopted a resolution that
established rental fees for Township equipment, including the Township
roller.
1. After Snyder was elected as a Township Supervisor, the 1995
resolution was amended several times to adjust the rental rates and
include other pieces of equipment.
2. There were never any discussions among the Township Supervisors
with regard to limiting Township equipment rentals to municipalities or
concerns raised by the Supervisors as to residents trying to rent
Township equipment.
h. Snyder knew that there was a Township resolution permitting the general
public to rent Township equipment, so when Geib had leftover blacktop
available, Snyder contacted Templin to rent the Township roller.
1. Snyder met with Templin on June 18, 2007, to discuss renting the
Snyder, 07 -086
Page 17
J.
Township roller, and when Templin gave Snyder permission to use
the roller, Snyder asked Templin to send him an invoice.
2. The roller was driven to Snyder's rental property by Geib, and it was
returned to Township storage after it was used.
3. On August 17, 2007, Snyder met Templin at a Township project on
Foreman Road to discuss the project details.
a. The meeting lasted approximately twenty to twenty -five
minutes and did not include any discussions pertaining to use
of the Township roller.
4. Snyder used the Township roller to roll blacktop on his driveway on
four occasions, each time for about ten to fifteen minutes.
a. Snyder never received an invoice for using the roller despite
asking Templin and the Township Office Manager for a bill,
and he never paid the Township for use of the roller.
After a hedgerow located in the Township right -of -way in front of the property
owned by Snyder's father was removed, there was a drop off of about eight
inches between the road surface and the Township right -of -way.
1. Snyder had discussions with the Township roadmaster about filling in
the drop off, but the roadmaster was too busy to take care of it, so
Snyder told him to deliver a load of topsoil for Snyder to use to fill in
the drop off.
2. After a load of approximately eight tons of topsoil was delivered to
Snyder's adjacent rental property, he used his private equipment to
move the topsoil to the Township right -of -way in front of his father's
property and level the drop off.
3. The topsoil was used only to fill in the drop off in the Township right -
of -way in front of Snyder's father's property.
In February 2007, Snyder and Garber formed a campaign committee to pool
their resources for their bids for reelection as Township Supervisors.
1. After Snyder and Kean created a campaign flyer for the reelection
campaign, Snyder asked Willenbecher if the Township had the
capability to copy the flyer.
a. Snyder wanted to use the Township as a copying service
because a Township resolution authorized such copying, and
it was more convenient than going to a commercial
establishment.
b. Snyder told Willenbecher to be discreet with regard to the
copying because of Kean's concerns that the campaign
platform might be made public sooner than desired.
2. Willenbecher told Snyder that she would check and get back to him,
and approximately one week later, she told him that the Township
could do the copying and provided him with a price.
Snyder, 07 -086
Page 18
3. After Snyder and Garber had their pictures taken and put on the
campaign flyer for the May 2007 primary election, Snyder gave
Willenbecher the number of copies to be made and asked to be
billed.
a. ID 13 -3 consists of a two -sided campaign flyer for the May
2007 primary election which has color photographs of
candidates Garber and Snyder on one side and biographies of
the candidates on the other side.
b. The flyers were printed on paper provided by Snyder and paid
for by the campaign committee.
4. Snyder was billed and paid $172.41 for the copies that Willenbecher
made of the primary election campaign flyer.
5. On or about October 29, 2007, when Snyder asked Willenbecher
whether she could copy a campaign flyer to be handed out for the
November 2007 general election, she indicated that she could do so
and bill him for the copies.
a. ID 15 consists of a two -sided color campaign flyer that
encourages a voter to "Vote Republican" and reelect Garber
and Snyder as West Donegal Township Supervisors.
6. Snyder delivered two reams of paper to the Township office for
Willenbecher to use to make the copies, but Willenbecher had
already begun the copying project.
7 Snyder paid a Township invoice for the copies of the campaign flyer
for the November 2007 general election even though he never
received the copies.
k. Snyder is not aware of any other Township Supervisors using the Township
roller, using the Township dumpsters for refuse disposal, or having the
Township copy campaign materials.
C. Exhibits
49. ID 17 -1 is an invoice from West Donegal Township to Snyder dated May 16, 2007.
a. The invoice is for 700 black/white copies @ .00970 each (or $6.79), and
1690 color copies @ .09800 each (or $165.62), fora total charge of $172.41.
50. ID 18 -1 is an invoice from West Donegal Township to Snyder dated November 2,
2007, in the amount of $349.21.
a. The invoice describes the charges as follows:
2000 color copies @ .09800 each $196.00
Administrative Time (8.5 hours @ 14.42 + 25 %) 153.21
b. The invoice contains the following handwritten notation: "Attached is check
4850 for copying however product not delivered RMS 12/3/07."
III. DISCUSSION:
Snyder, 07 -086
Page 19
As a Supervisor for West Donegal Township ( "Township ") since approximately
January 1996, Respondent Roger M. Snyder (hereinafter also referred to as "Respondent,"
"Respondent Snyder," and "Snyder ") 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 Snyder violated Section 1103(a) of the Ethics Act when he,
as a Township Supervisor, used the authority of his public position for private pecuniary
gain: (1) when he used township employees, supplies, and equipment to produce
campaign literature for the 2007 elections in which he was a candidate for Township
Supervisor; (2) when he utilized township equipment and materials to construct a driveway
at a rental property he owns; and (3) when he used township dumpsters to dispose of
personal trash.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official /public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Preliminarily, we must address Snyder's "Motion for Special Relief" (also referred to
herein as "Motion "), which was filed following the conclusion of the hearing in this matter.
Snyder's Motion asserts that the Investigative Complaint against him should be dismissed,
or in the alternative, that he should be granted a new, public hearing before the full
Commission, because: (1) the Hearing Officer was patently biased against Snyder and in
favor of the Investigative Division, as evidenced by the Hearing Officer's evidentiary
rulings; (2) the Hearing Officer denied Snyder an opportunity to present evidence of
Snyder, 07 -086
Page 20
obvious political motivations and bias against him that was relevant to this matter and
necessary to provide the proper context for the allegations against him, including evidence
of a conspiracy against him involving a political opponent; (3) Snyder was subject to
selective and vindictive prosecution because Township Supervisor Nancy Garber also
benefited from the photocopying of the campaign flyers, and she allegedly had extensive
work done to her private property for her benefit at Township expense, yet she was not
charged with violating the Ethics Act; (4) the Hearing Officer denied Snyder his right to
confront the witnesses against him by refusing to permit Snyder to inquire into the identity
of the individual(s) who had filed complaint(s) against him; and (5) Snyder was in essence
entrapped by the Investigative Division because during the course of its investigation, the
Investigative Division did not order Snyder to cease from engaging in some of the conduct
that gave rise to the allegations against him.
In its Answer to Snyder's Motion, the Investigative Division argues that: (1) there is
no evidence of bias against Snyder by the Hearing Officer; (2) Snyder was afforded the
opportunity to present all relative, probative evidence at the time of the hearing in this
matter; (3) Snyder cites no evidence in support of the allegation that he was subject to
selective and vindictive prosecution; (4) pursuant to the Ethics Act and the Regulations of
this Commission, the identity of the Complainant(s) in this matter must remain confidential;
and (5) Snyder cites no evidence that supports his allegation that his conduct was the
result of entrapment by the Investigative Division.
In considering Snyder's legal arguments, we have reviewed the record in this
matter, and it is our determination that the Hearing Officer's evidentiary rulings were
impartial and did not deny Snyder the opportunity to present any evidence that was
relevant and probative to this matter.
We reject Snyder's argument that he was subject to selective and vindictive
prosecution. Any possible violation of the Ethics Act by another Township public official or
public employee would not serve as a defense in this matter.
We disagree with Snyder's argument that the Hearing Officer erred by refusing to
permit Snyder to inquire into the identity of the Complainant(s) in this matter. Pursuant to
Section 1108(h) of the Ethics Act and Section 21.22(b) of this Commission's Regulations,
Snyder is not entitled to access to the original Complaint(s) filed in this matter or the name
of the Complainant(s). 65 Pa.C.S. § 1108(h); 51 Pa. Code § 21.22(b).
Lastly, we find no evidence of record whatsoever to support Snyder's bald assertion
that he was entrapped by the Investigation Division, and we remind Snyder that the
responsibility for his conduct ultimately lies solely with him.
Based upon the above analysis, we deny Snyder's Motion for Special Relief.
Having disposed of Respondent's Motion for Special Relief, we shall now
summarize the relevant facts.
Snyder has served as a Township Supervisor since January 1996. As a Township
Supervisor, Snyder has general supervisory responsibilities, and in 2007, he was the
Township Supervisor with oversight responsibility for the Township road department.
Snyder did not work as a Township employee.
Use of Township Resources to Produce Campaign Materials
On December 1, 2003, the Township Board of Supervisors adopted Resolution No.
16 -03 to establish fees imposed by the Township in connection with requests for
inspection and duplication of public records under the Pennsylvania Right to Know Law.
Pursuant to Resolution No. 16 -03, the Township would charge a fee of $0.30 per page for
Snyder, 07 -086
Page 21
color photocopies and $0.10 per page for other photocopies of Township public records.
Township Resolution No. 8/2006, adopted by the Board of Supervisors on December 4,
2006, establishes fees for miscellaneous Township permits and services, including a fee of
$0.10 per page for copies of Township publications. The aforesaid Township Resolutions
do not authorize the use of Township equipment for photocopying personal documents or
establish fees to be charged for such activity.
In 2007, both Snyder and Nancy D. Garber ( "Garber ") were up for reelection to the
Township Board of Supervisors. In February 2007, Snyder and Garber formed a campaign
committee to pool their resources for their reelection bids. Earl H. Kean ( "Kean "), a
Township resident, acted as manager of the Snyder /Garber campaign committee. Snyder
and Kean worked together on campaign strategy and the creation of campaign flyers.
For the May 2007 primary election, Snyder and Kean created a campaign flyer
which consisted of a joint letter from Snyder and Garber to be accompanied by their
photographs. In April 2007, Snyder approached Amanda Willenbecher ( "Willenbecher "),
an Administrative Assistant for the Township, and asked her to copy the campaign flyer.
Willenbecher told Snyder that she would make the copies because he was her boss.
Snyder told Willenbecher to be discreet and not let anybody see what she was copying
when she made copies of the campaign flyer. Snyder testified that he did so because of
Kean's concerns that the campaign platform might be made public sooner than desired.
Snyder emailed the campaign flyer to Willenbecher's work email address, and she
then used the Township's digital camera to take pictures of Snyder and Garber to place on
the flyer. Willenbecher worked on the campaign flyer on three days in April 2007, and on
April 30, 2007, she used copy paper provided by Snyder to make copies of the campaign
flyer on the Township copier. Willenbecher initially testified that she spent approximately
ten to eleven hours editing and copying the campaign flyer, but on cross - examination, she
testified that she spent several hours on the project.
The Township is charged fees by Colony Office Products, the company that
provides maintenance for the Township copier, for excess black and white or color copies
made. The fees charged by Colony Office Products are less than the fees the Township
charges for copies of Township public records and publications. Willenbecher billed
Snyder for the copies that she made at the lesser fees charged by Colony Office Products
because Snyder was not getting copies of Township documents. Specifically,
Willenbecher provided Snyder with a Township invoice for 700 black/white copies at
$0.00970 each ($6.79), and 1690 color copies at $0.09800 each ($165.62), for a total
charge of $172.41. On May 24, 2007, Snyder remitted payment of $172.41 to the
Township. Snyder did not reimburse the Township for the time spent on the campaign
flyer project by Willenbecher.
On or about October 29, 2007, Snyder contacted Willenbecher at the Township
office and asked her to make copies of a Snyder /Garber campaign flyer to be handed out
for the November 2007 general election. While Willenbecher was making copies of the
campaign flyer, Township Supervisor Charles Tupper ( "Tupper ") received a telephone call
regarding the use of the Township copier. Tupper went to the Township office and when
he saw that the copier was making copies of the campaign flyer, he telephoned Charles
Kraus, III ( "Krause "), Chief of the Northwest Regional Police Department, and asked him to
respond to the Township office. After Krause arrived at the Township office, Tupper
ordered that the copying be stopped. Krause telephoned the Lancaster County District
Attorney and the Township Solicitor and on their advice, he confiscated the copies of the
general election campaign flyer.
Tupper testified that the Township does not make copies of personal documents,
and it is not in the business of running a copying service. At Tupper's direction, Snyder
was billed for the copies of the general election campaign flyer and the time Willenbecher
Snyder, 07 -086
Page 22
spent making them. Specifically, Willenbecher provided Snyder with a Township invoice
charging him $196.00 for 2000 color copies and $153.21 for eight and one -half hours of
Willenbecher's time plus benefits, for a total charge of $349.21. The color copies were
billed at the lesser fee charged by Colony Office Products for excess color copies made by
the Township instead of the fee the Township charges for color copies of Township public
records.
On December 4, 2007, Snyder paid the Township invoice for the copies of the
campaign flyer for the general election. Snyder never received the copies of the campaign
flyer because they had been confiscated by Chief Krause. Snyder requested that Garber
reimburse him for the amount charged by the Township, but she did not make any payment
to him. Garber did not direct any Township employee to make copies of campaign
materials for the primary or general elections in 2007, and she was not aware that Snyder
was going to utilize Township equipment to create campaign flyers for their joint reelection
campaign.
Snyder did not receive approval from the Township Board of Supervisors to use
Township employees or equipment to duplicate campaign materials. Snyder testified that
he used the Township as a copying service because a Township resolution authorized
such copying, and it was more convenient than going to a commercial establishment.
Use of Township Resources at Snyder's Rental Property
The Township occasionally shares equipment with neighboring municipalities. In
1995, the Township Board of Supervisors adopted a resolution that established fees to be
charged for the rental of Township equipment, including, in pertinent part, the Township
roller. The resolution was amended several times to adjust the rental rates and to include
additional pieces of Township equipment. Pursuant to Township Resolution 06/2006 ( "the
Resolution "), adopted October 16, 2006, the Board of Supervisors set the fee for renting
the Township roller at $48.00. The rental fees established by the Resolution include the
equipment and an operator. The Resolution specifically provides that no Township
equipment is to be rented without a Township employee- operator, and it is signed by
Snyder as Chairman of the Board of Supervisors.
Snyder and his wife own a residence in Elizabethtown, Pennsylvania, and they own
a rental property across the street from their residence. Barry L. Geib ( "Geib ") is the
tenant of Snyder's rental property. Geib is employed as a truck driver with a company that
hauls blacktop and other materials. When Geib moved in at Snyder's rental property, he
asked whether Snyder would be interested in paving the stone driveway with excess
blacktop that Geib could obtain from his employer at no cost. Geib told Snyder that laying
the blacktop would require rolling it to make it adhere to the stone base of the driveway.
On August 17, 2007, Snyder called Jeffrey M. Templin ( "Templin "), the Township
roadmaster, out to a Township job site, ostensibly to discuss the widening of a Township
road. At the meeting, Snyder asked to use the Township roller. Templin showed Geib how
to operate the roller, and Geib drove the roller to Snyder's rental property. Templin was
automatically awarded two hours of overtime (time and a half based on a rate of
approximately $18.15 per hour) for the meeting on August 17, 2007, because he had been
called out on his day off. Geib used the Township roller on Snyder's driveway on four
occasions of about fifteen to twenty minutes each. Snyder did not receive an invoice for
using the roller, and he made no payments to the Township for use of the roller. Based
upon the Resolution, the charge for renting the Township roller four times would be
$192.00.
Snyder's father owns the property adjacent to Snyder's rental property. Snyder
testified that after a hedgerow located in the Township right -of -way in front of his father's
property was removed, there was a drop off of about eight inches between the road
Snyder, 07 -086
Page 23
surface and the Township right -of -way. Snyder testified that he had discussions with
Templin about filling in the drop off, but Templin was too busy to take care of it. Templin
had a Township employee deliver a load of approximately eight tons of topsoil to Snyder's
rental property at Snyder's direction. Snyder testified that he used his private equipment
to move the topsoil to the Township right -of -way in front of his father's property and level
the drop off. Snyder further testified that the topsoil was used only to fill in the drop off in
the Township right -of -way in front of his father's property.
Use of Township Dumpsters to Dispose of Personal Trash
The Township municipal complex includes the Township office, the Township
garage, and other facilities. Pursuant to Township waste management contracts with
Lebanon Farms Disposal from April 1, 2004, through March 31, 2007, and with York Waste
Disposal effective April 1, 2007, the Township was provided with three cubic yard
dumpsters at the Township office, the Township garage, and several other municipal
locations. The Township contracts with Lebanon Farms Disposal and York Waste
Disposal did not themselves provide for the collection of residential or municipal
construction /demolition waste.
Templin and Township employee David George each observed Snyder throwing
materials in the dumpster at the Township garage on at least one occasion. Snyder admits
that on or about December 26, 2006, he dumped about a sheet and a half of drywall in the
dumpster at the Township garage, and on January 2, 2007, he dumped two 32- gallon
containers of scrap drywall pieces in the same dumpster. See, Fact Finding 48(d). Snyder
further admits that on two occasions, he dumped bundles of pipe insulation in the
dumpster at the Township garage. See, Fact Finding 48(e). Templin took photographs of
the debris dumped by Snyder in the Township dumpster.
Until mid -2007, the dumpsters located at the Township office and garage were not
secured in any fashion. The Township had problems with the dumpster at the Township
garage being filled with trash on weekends, and Templin occasionally reported people to
the police for using the Township dumpster. At some time after Templin observed Snyder
dumping waste in the dumpster at the Township garage, Templin installed locks on all of
the Township dumpsters at the direction of Nick Viscome, the Township Manager.
Having summarized the relevant facts, we note that the parties have filed
briefs /closing statements in this matter.
In its Closing Statement /Brief, the Investigative Division contends that: absent
Snyder's position as a Township Supervisor, he would not have been able to utilize
Township equipment or employees to perform personal tasks; Snyder realized a private
pecuniary benefit of at least $130.00 from the delivery of the topsoil, based upon the rental
fees for the Township dump truck and Township payloader necessary to effectuate said
delivery; by using the Township roller, Snyder realized a private pecuniary benefit of at
least $246.66, consisting of a rental fee of $192.00 plus $54.44 of overtime paid to
Templin for showing Geib how to use the roller; by utilizing the Township dumpster to
dispose of personal trash and construction debris, Snyder realized a private pecuniary
benefit of at least $150.00 based upon the dumping fees for otherwise disposing of such
waste at the Lancaster County Solid Waste Authority facility; and Snyder realized a private
pecuniary benefit of at least $655.38 by using Township employees and equipment to copy
campaign materials at a reduced cost. The Investigative Division asks this Commission to
order Snyder to pay restitution and a treble penalty, and to refer this matter to the
appropriate law enforcement authorities.
In his Proposed Findings of Fact, Conclusions of Law and Brief, Snyder asserts
that: he was denied a full and fair hearing for the reasons set forth in his Motion for Special
Relief; the evidence pertaining to Snyder's use of topsoil is irrelevant to the allegations
Snyder, 07 -086
Page 24
against him; Snyder did not receive a private pecuniary benefit from the photocopying of
campaign materials because he paid the amounts billed by the Township; because Snyder
never received the photocopies of the campaign flyer for the November 2007 general
election, he sustained a loss of $349.21; and any private pecuniary benefit derived by
Snyder was at most de minimis.
We shall now determine whether the actions of Snyder violated Section 1103(a) of
the Ethics Act. As we apply the facts to the allegations, due process requires that we not
depart from the allegations. Pennsy v. Department of State, 594 A.2d 845 (Pa. Cmwlth.
1991). A violation of the Ethics Act must be based upon clear and convincing proof. 65
Pa.C.S. § 1108(g). Clear and convincing proof is "so `clear, direct, weighty, and
convincing as to enable the trier of fact to come to a clear conviction, without hesitance, of
the truth of the precise facts in issue." In Re: Charles E.D.M., 550 Pa. 595, 601, 708 A.2d
88, 91 (1998) (Citation omitted).
We shall first consider the allegation that Snyder violated Section 1103(a) of the
Ethics Act when he used a Township employee, supplies, and equipment to produce
campaign literature for the 2007 elections in which he was a candidate for Township
Supervisor.
Snyder used the authority of his public office as a Township Supervisor when he
asked Township employee Willenbecher to copy a campaign flyer for the joint reelection
campaign of Snyder and Garber prior to the May 2007 primary election, and when he
asked Willenbecher to make copies of a general election campaign flyer on or about
October 29, 2007. Willenbecher made the copies for Snyder because he was her boss.
But for being in his public position, Snyder would not have been able to ask a Township
employee to prepare and copy his campaign materials on Township time using Township
supplies and equipment.
While the Township has resolutions establishing fees for the duplication of
Township documents, those resolutions do not authorize the use of Township equipment
to photocopy personal documents. Snyder instructed Willenbecher to be discreet in
copying the campaign materials. The only logical reason for doing so would be to conceal
the fact that Snyder was using a Township employee, equipment, and facilities for private
campaign purposes.
As for the private pecuniary benefit realized by Snyder, there is no evidence in the
record to establish the costs that Snyder would have incurred had he utilized a private
copying service rather than Township resources to make the copies of the campaign flyers
for the 2007 primary and general elections. It is clear, however, that the rates
Willenbecher billed Snyder for such copies were significantly less than the rates
established for the duplication of Township public records and publications pursuant to
Township Resolutions Nos. 16 -03 and 8/2006, respectively. To determine the pecuniary
benefit realized by Snyder, we shall utilize the rates established by the aforesaid Township
resolutions as a benchmark.
For the 2007 primary election campaign flyers, Snyder was billed $6.79 for 700
black/white copies and $165.62 for 1690 color copies, for a total charge of $172.41, which
he paid. Under the rates established for the duplication of Township documents, Snyder
would have been billed $70.00 for the black/white copies (700 copies at $0.10 per copy)
and $507.00 for the color copies (1690 copies at $0.30 per copy), for a total charge of
$577.00. Snyder thus realized a private pecuniary benefit of $404.59 with regard to the
photocopying of the 2007 primary election campaign flyers. Parenthetically, we note that a
value cannot be clearly established for the time that Willenbecher spent on the copying
project because her testimony on that issue is both contradictory and imprecise.
Turning to the campaign flyers for the 2007 general election, the Township billed
Snyder, 07 -086
Page 25
Snyder $196.00 for 2000 color copies and $153.21 for Willenbecher's administrative time
and benefits, for a total charge of $349.21. Snyder paid the Township's bill for the copies
of the campaign flyer for the general election, but he never received the copies because
they were confiscated by Chief Kraus. Snyder thus did not realize any pecuniary benefit
with regard to the use of Township resources to photocopy the campaign flyers for the
2007 general election.
Based upon the above analysis, Snyder realized a total private pecuniary benefit in
the amount of $404.59 from the use of Township resources to photocopy the campaign
flyers for both elections in 2007, which amount was de minimis. See, Bixler v. State Ethics
Commission, 847 A.2d 785 (Pa. Cmwlth. 2004) (holding that a net profit in the amount of
$561.77 resulting from business transactions between a township supervisor's employer
and the township would fall within the "de minimis" exclusion to the definition of "conflict of
interest ").
While we certainly do not condone even minimal uses of governmental staff and
facilities for campaign purposes, given the "de minimis" exception to the definition of
"conflict" or "conflict of interest," we are constrained to hold that Snyder did not violate
Section 1103(a) of the Ethics Act when he used a Township employee, supplies, and
equipment to produce campaign literature for the 2007 elections in which he was a
candidate for Township Supervisor in that the resulting private pecuniary benefit was de
minimis. See, Bixler, supra; cf., Confidential Opinion, 05 -001; Dennis, Opinion 07 -003.
However, we must remind Snyder that he is a public official and holds an office of public
trust which is not to be used for personal gain.
In considering the second allegation, Snyder admits that he used the Township
roller to roll blacktop on the driveway at his rental property on four occasions but never
made payment to the Township. Based upon Township Resolution No. 06/2006, the
charge for renting the Township roller four times would be $192.00. With the addition of
the $54.44 in overtime that Templin received for showing Geib how to use the roller,
Snyder realized at most a private pecuniary benefit in the amount of $246.44. Based upon
Bixler, supra, the amount of the private pecuniary benefit realized by Snyder from using
the Township roller was de minimis. Therefore, we hold that Snyder did not violate Section
1103(a) of the Ethics Act when he utilized Township equipment and materials to construct
a driveway at a rental property he owns in that the resulting private pecuniary benefit was
de minimis.
We do not address Snyder's direction to have a Township employee deliver topsoil
to Snyder's rental property for his use. As there is no evidence to establish that the topsoil
was used to construct the driveway at Snyder's rental property, that particular action is not
encompassed within the averments of the Investigative Complaint. See, Pennsy v.
Department of State, 594 A.2d 845 (Pa. Cmwlth. 1991).
Turning to the allegation pertaining to Snyder's use of Townships dumpsters to
dispose of personal trash, there was no use of authority of office by Snyder. Although
Snyder admits that he dumped personal construction debris in the dumpster at the
Township garage on at least four occasions, the dumpster was not secured in any fashion
on those occasions. Further, access to the dumpster was not limited to Township officials
or employees as evidenced by the Township's problems with other individuals using the
Township dumpster and being reported to the police by the Township roadmaster. As
such, Snyder's access to the Township dumpster was not dependent upon his position as
a Township Supervisor. Absent a use of authority of office, the elements for a violation of
Section 1103(a) of the Ethics Act cannot be met. Therefore, we find that Snyder did not
violate Section 1103(a) of the Ethics Act when he used Township dumpsters to dispose of
personal trash in that there was no use of authority of office by Snyder.
This case is closed.
Snyder, 07 -086
Page 26
IV. CONCLUSIONS OF LAW:
1. As a Supervisor for West Donegal Township ("Township ") since approximately
January 1996, Respondent Roger M. Snyder ( "Snyder ") 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. Snyder did not violate Section 1103(a) of the Ethics Act when he used a Township
employee, supplies, and equipment to produce campaign literature for the 2007
elections in which he was a candidate for Township Supervisor in that the resulting
private pecuniary benefit was de minimis.
3. Snyder did not violate Section 1103(a) of the Ethics Act when he utilized Township
equipment and materials to construct a driveway at a rental property he owns in that
the resulting private pecuniary benefit was de minimis.
4. Snyder did not violate Section 1103(a) of the Ethics Act when he used Township
dumpsters to dispose of personal trash in that there was no use of authority of office
by Snyder.
In Re: Roger M. Snyder,
Respondent
ORDER NO. 1527
File Docket: 07 -086
Date Decided: 7/22/09
Date Mailed: 8/4/09
1 Respondent Roger M. Snyder ( "Snyder "), a public official in his capacity as a
Supervisor for West Donegal Township ( "Township ") since approximately January
1996, did not violate Section 1103(a) of the Public Official and Employee Ethics Act
( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he used a Township employee, supplies,
and equipment to produce campaign literature for the 2007 elections in which he
was a candidate for Township Supervisor in that the resulting private pecuniary
benefit was de minimis.
2. Snyder did not violate Section 1103(a) of the Ethics Act when he utilized Township
equipment and materials to construct a driveway at a rental property he owns in that
the resulting private pecuniary benefit was de minimis.
3. Snyder did not violate Section 1103(a) of the Ethics Act when he used Township
dumpsters to dispose of personal trash in that there was no use of authority of office
by Snyder.
BY THE COMMISSION,
Louis W. Fryman, Chair