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HomeMy WebLinkAbout1522 GindlespergerIn Re: Calvin Gindlesperger, 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 08 -030 Order No. 1522 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 possible violation(s) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement waiving an evidentiary hearing were subsequently submitted by the parties to the Commission for consideration. The 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. Gindlesperger, 08 -030 Page 2 I. ALLEGATIONS: That Calvin Gindlesperger, a public official /public employee in his capacity as a Supervisor of Conemaugh Township, Somerset County, violated Sections 1103(a) and 1105(b) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1105(b), when he used the authority of his public position for private pecuniary benefit when he claimed hours worked as a part -time Roadmaster which were related to his duties and responsibilities as a Township Supervisor and when he participated in actions of the Board of Supervisors to approve payments issued to him for these duties; and when he failed to disclose on Statements of Financial Interests filed for the 2004, 2005, and 2007 calendar years, all sources of income in excess of $1,300.00. II. FINDINGS: 1 Calvin Gindlesperger served as a Supervisor of Conemaugh Township, Somerset County from January 5, 2004, until April 16, 2008. a. Gindlesperger resigned as Supervisor on April 16, 2008, on the advice of his attorney. b. Gindlesperger served as Chairman of the Board of Supervisors from January 5, 2004, until his resignation from the Board on April 16, 2008. 2. Conemaugh Township is a Second Class Township governed by a three - member Board of Supervisors. a. Conemaugh Township holds regularly scheduled meetings on the third Wednesday of each month. 1. Special Meetings are held as necessary. 3. Conemaugh Township Supervisors receive an annual wage of $2,499.96 for Supervisor duties and responsibilities including, but not limited to, attendance at Board of Supervisors meetings held throughout the year. a. Supervisors do not have to be present at all meetings to receive the full compensation. b. Payment is issued for all duties performed in a Supervisory capacity and is not limited to meeting attendance. 4. Gindlesperger is employed by High Ridge Water Authority located in Blairsville, Pennsylvania. a. Gindlesperger is an Operations Manager. 1. The position is a salaried position. 2. There are no set working hours for the position. b. Gindlesperger has claimed to work as many as 70 to 80 hours a week in the position. 5. From January 5, 2004, until April 16, 2008, the following Supervisors served with Gindlesperger on the Conemaugh Township Board of Supervisors: a. David Hart Gindlesperger, 08 -030 Page 3 1. Hart's term ended on January 1, 2008. 2. Hart served as Roadmaster and Secretary /Treasurer in 2004, 2005, 2006, and 2007. b. Robert Rouser 1. Rouser resigned as Supervisor on May 12, 2004, due to health reasons. 2. Rouse served as Roadmaster until resigning. c. Wayne Kauffman 1. Kauffman was appointed as Supervisor at the June 16, 2004, Supervisor meeting. 2. Kauffman served as Roadmaster in 2005, 2006, 2007, and 2008. d. Steven Buncich 1. Buncich began serving as Supervisor on January 7, 2008. 2. Buncich served as Roadmaster in 2008. 6. Voting at Conemaugh Township meetings occurs by individual roll call vote after a motion is made and properly seconded. a. Abstentions and objections are specifically noted in the minutes. b. Meeting minutes are approved at subsequent meetings for accuracy. 7 Signature authority over township accounts is held by all three Supervisors and the Secretary /Treasurer. a. Checks require the signature of the Secretary/Treasurer and one Supervisor. b. Facsimile stamps were permitted to be used during Gindlesperger's term. 1. A facsimile stamp of Gindlesperger's signature was created to be used on township checks. 2. The facsimile stamp was destroyed when Gindlesperger resigned from his position as Supervisor. 8. Conemaugh Township employs a six man full -time road crew to address road related matters in the township including the maintaining of approximately 80 total miles of roads. a. The road crew is supervised by two full -time Roadmasters. 9. At yearly reorganization meetings from 2004 through 2008, all three Supervisors were appointed as Roadmasters in either a full or part -time capacity as follows: a. 2004: Rouser, Hart, Gindlesperger Year Approved Yearly Salary 2004 $49,561.60 2005 $49,561.60 2006 $52,614.05 2007 $53,666.33 Year Approved Hourly Rate 2005 $19.02 2006 $19.41 2007 $19.80 2008 $20.20 Year Approved Hourly Rate 2008 $20.20 Year Approved Hourly Rate 2004 $19.02 Gindlesperger, 08 -030 Page 4 1. There is no designation made in the minutes as to who was full -time and who was part -time. 2. Gindlesperger did not claim Roadmaster hours in 2004. b. 2005: Kauffman and Hart, full -time. Gindlesperger, part -time. c. 2006: Kauffman and Hart, full -time. Gindlesperger, part -time. d. 2007: Kauffman and Hart, full -time. Gindlesperger, part -time. e. 2008: Kauffman and Buncich, full -time. Gindlesperger, part -time. 10. Compensation for Conemaugh Township Supervisors employed in a full or part -time capacity was set by Township Auditors at yearly reorganization meetings. Salaries of Supervisors who served in an employee capacity during Gindlesperger's term on [the] Board are documented as follows: a. David Hart, Secretary /Treasurer — Roadmaster 1. Hart was expected to work a 40 hour work week. 2. Hart's salary was combined to include pay for both his Secretary /Treasurer and Roadmaster positions. b. Robert Rouser, Roadmaster c. Wayne Kauffman, Roadmaster d. Steven Buncich, Roadmaster 11. Conemaugh Township Roadmasters are responsible for supervising the maintaining of township roads. Tasks include road inspection, snow plowing, and directing the road crew, etc. a. At times Conemaugh Township Roadmasters perform physical labor with the road crew. Gindlesperger, 08 -030 Page 5 b. There was no official job description for the Roadmaster position in Conemaugh Township. 12. Normal working hours for the Conemaugh Township road crew revolve at different times during the year as follows: a. From May 1 through November 15, employees work 10 hour days Monday through Thursday. 1. The road crew begins work at 6:00 a.m. and ends work at 4:00 p.m. b. From November 15 through May 1, employees work 8 hour days Monday through Friday. 1. The road crew begins work at 7:00 a.m. and ends work at 3:00 p.m. 13. Road crew workers punch a time clock and fill out time sheets with descriptions of hours worked. a. The time sheets and punch sheets are approved by the Roadmasters. 1. The sheets are normally initialed or signed if approved. 2. Hours worked can change depending on weather conditions. 14. During the timeframe that Gindlesperger served on the Board, it was practice for the Conemaugh Township Roadmasters to neither fill out time sheets nor utilize punch time clocks to document hours worked. a. Conemaugh Township Roadmasters currently fill out time sheets, but do not punch time clocks. 15. Payroll Clerk Collette Boschele enters the submitted hours into her computer to generate payroll checks. a. The checks are then subsequently signed by the Supervisors and Secretary /Treasurer before being distributed to employees. 16. Final approval of payroll occurs at regular monthly meetings through [a] motion to pay all bills for the month. a. Payroll checks are issued from the Township General Fund. 17. It is practice for the Conemaugh Township Roadmasters to follow the same established work schedule as the road crew. a. There were no set working hours for Gindlesperger as a part -time Roadmaster. 1. Part -time Roadmaster hours are worked on an as- needed basis. 18. Gindlesperger served as a part -time Roadmaster from January 5, 2004, until April 16, 2008. a. Gindlesperger was first appointed as Roadmaster at the January 5, 2004, reorganization meeting. Month Hours Description Oct. 2005 20 Fetula Police Hearings Nov. and Dec. 2005 10 Budget Nov. and Dec. 2006 10 Budget Apr. 2007 20 State Conference May and June 2007 20 Sewage Right Away, Evenin Meetin [sic] Meeting Date Approved Hourly Rate January 6, 2004 $12.44 January 4, 2005 $12.44 January 4, 2006 $12.44 January 9, 2007 $12.69 January 8, 2008 $12.69 Gindlesperger, 08 -030 Page 6 b. Gindlesperger was appointed as a part -time Roadmaster in 2005, 2006, 2007, and 2008. c. Gindlesperger did not claim hours worked as a part -time Roadmaster until September 2007. 1. Hours that were claimed by Gindlesperger were retroactive to 2005. 19. Conemaugh Township Auditors reorganization meeting minutes document Gindlesperger's hourly rate from 2004 through 2008, as approved by the township auditors as the following: 20. Beginning in September 2007, Gindlesperger billed Conemaugh Township for hours claimed in a part -time Roadmaster capacity. a. The claimed hours were retroactive to October 2005. b. Gindlesperger began submitting hours due to criticism levied by residents regarding his actions as Supervisor. 21. Gindlesperger submitted a time sheet on or around September 8, 2007, to the township listing 80 hours claimed as part -time Roadmaster. The time sheet contained the following hours: a. All 80 hours claimed by Gindlesperger on the September 8, 2007, time sheet are related to his duties and responsibilities as [a] Conemaugh Township Supervisor. b. None of the hours claimed were related to the part -time Roadmaster position. 22. Gindlesperger claimed 20 hours listed on the September 8, 2007, time sheet as "Fetula Police Hearings." The hearings occurred in October 2005 and were related to the firing of a patrolman, Officer Fetula, from the Conemaugh Township Police Department. a. Gindlesperger attended the hearings as a Conemaugh Township Supervisor. 1. The Board of Supervisors presided over the hearing as fact finders. b. The claimed 20 hours dealt with personnel matters. Gindlesperger, 08 -030 Page 7 23. Gindlesperger claimed 20 hours on the September 8, 2007, time sheet, 10 hours in November /December 2005 and 10 hours in November /December 2006, as "Budget." a. The Conemaugh Township Budget is created in November and December of each year for the following calendar year. b. Township officials confirmed Gindlesperger assisted in the preparation of the budget in 2005 and 2006 by reviewing the proposed budget and offering suggestions for changes. 1. Gindlesperger had telephonic conversations and communicated through e -mail correspondence with township officials regarding the budget. c. Gindlesperger assisted in the preparation of the budget as Chairman of the Conemaugh Township Board of Supervisors. 24. Gindlesperger claimed 20 hours on the September 8, 2007, time sheet as "State Conference." a. The Pennsylvania State Association of Township Supervisors held its annual conference in 2007 from April 22, 2007, through April 25, 2007, in Hershey, PA. 1. The conference ran from Sunday to Wednesday. b. Township officials confirmed Gindlesperger attended the conference. 1. Gindlesperger attended the conference from April 22, 2007, to April 24, 2007. c. Gindlesperger attended the conference as a Conemaugh Township Supervisor. 1. Gindlesperger was appointed by the Board of Supervisors at the January 2, 2007, reorganization meeting to be the Township voting delegate to the state convention. 25. Gindlesperger utilized 8 hours of vacation leave on April 23, 2007, and 4 hours of vacation leave on April 24, 2007, for time absent from his position as Operations Manager with the High Ridge Water Authority. a. Sunday is not a normal working day for Gindlesperger. 26. Gindlesperger claimed 20 hours on the September 8, 2007, time sheet as "Sewage Right Away, Evenin Meetin [sic]." a. In or around May and June 2007 Conemaugh Township held evening meetings for Township residents to ask questions about right of ways and express concerns regarding a Bens Creek Sewer Project. b. Township officials confirmed Gindlesperger attended the meetings as Chairman of the Board of Supervisors. 1. Gindlesperger answered questions and signed right of ways acting as Hours Description 38 Police Issues 13 Budget 13 Budget (Sewer) 7 Sewer Issues 9 General Month Hours Description June 2007 to Sept. 2007 80 Police Issue Howie Jackson Gindlesperger, 08 -030 Page 8 Chairman. c. More than one meeting was held regarding the sewer project. d. The claimed 20 hours were related to Gindlesperger's duties and responsibilities as Conemaugh Township Supervisor. 27. Gindlesperger submitted a time sheet on or around September 22, 2007, to the Township listing 80 hours claimed as part -time Roadmaster hours. The time sheet listed the following hours: a. Issues arose beginning in June 2007 regarding former Conemaugh Township Police Chief Howard Jackson. 1. There were approximately fifty grievances that Township patrolmen had filed against Jackson. b. Gindlesperger met with and had telephonic conversations with the Conemaugh Township Police Officers regarding the problems with Jackson. 1. Gindlesperger was reimbursed by the Township for his cell phone bill for months that the conversations took place in summer 2007 due to the high volume of calls and the high cost of the cell phone bill. c. Gindlesperger held conferences with former Conemaugh Township Solicitor James Beener regarding a potential hearing and settlement. d. A daytime meeting was held with the Supervisors, Beener, Attorneys for the patrolmen, Jackson and Jackson's legal Council present. 1. A settlement was reached between all parties at this meeting that included the stipulation that Jackson resign. 28. All 80 hours claimed as "police issues" by Gindlesperger on the September 22, 2007, time sheet were related to his duties and responsibilities as [a] Conemaugh Township Supervisor. a. All 80 hours were not road related and dealt with personnel matters. 29. Gindlesperger submitted a memo to Conemaugh Township Secretary /Treasurer Cindy Walerysiak on or around November 18, 2007, claiming 80 hours as part -time Roadmaster. The memo listed the following hours: a. Gindlesperger did not list specific dates and times that the claimed hours were worked on the memo. Gindlesperger, 08 -030 Page 9 b. All hours listed on the memo are related to Gindlesperger's duties and responsibilities as Supervisor. 30. Gindlesperger listed 38 hours on the November 18, 2007, memo as "Police Issues." The police issues were regarding personnel matters involving former Conemaugh Township Police Chief Howard Jackson. a. The personnel matters involving Jackson dealt with his resignation from his position as chief due to ongoing problems with Officers within the Department as detailed in previous findings. b. Gindlesperger's involvement with the issue was due to his position as Chairman of the Board of Supervisors. c. Duties performed by Gindlesperger regarding the issues were related to his duties and responsibilities as Supervisor and were not road related. 31. Gindlesperger listed 13 hours as "Budget" and 13 hours as "Budget— Sewer" on the November 18, 2007, memo. a. Township officials confirmed Gindlesperger assisted with the preparation of both the Township budget and the Sewer Department Budget in 2007. b. Gindlesperger attended meetings and participated in telephonic and e-mail correspondence with Cindy Walerysiak regarding both budgets. c. Gindlesperger reviewed the budgets item by item. d. Gindlesperger assisted Walerysiak with the budget as Chairman of the Board of Supervisors. 32. Gindlesperger listed 7 hours on the November 18, 2007, memo as "Sewer Issues." a. Township officials confirmed Township residents contacted Gindlesperger with complaints about the Sewer Department and Township sewer projects. 1. Gindlesperger has experience with sewer related issues due to his professional employment with High Ridge Water Authority. b. Gindlesperger was contacted by residents in his capacity as Chairman of the Board of Supervisors. 33. Gindlesperger listed 9 hours on the November 18, 2007, memo as "General." a. There was no further explanation provided on the memo for the hours. b. During an interview with State Ethics Commission Investigators, Gindlesperger described the hours as related to various tasks including reviewing documents, mail, and signing checks. 34. Days and times [that] hours [were] being claimed cannot be established from information listed on the September 8, 2007, September 22, 2007, and November 18, 2007, time sheets submitted by Gindlesperger to the Township. a. Specific dates and times that hours [were being claimed] were not listed on the time sheets by Gindlesperger. Date Hours Description 11/24 1 Sewer Manager 11/25 1 Twp Matters 11/26 0.5 Jim Beener 11/29 1 Wayne and Cindy 11/30 2 Cindy, Wayne, and Jim Beener 12/2 5 Going over Union Contract, Proposal Peter Barkley 12/3 3 Wayne, Jim Beener, Contract Randy Younkin 12/4 1 Vivian Berkbile, Pete Agreement 12/5 1 Vivian Berkbile 12/7 2 Vivian Berkbile, Jim Beener 12/10 4 Jim Beener, Police service agreements 12/11 3 Jim Beener, Zoning Agreement and Sewage Agreement 12/13 2 Jim Beener, Misc contract stuff, Vivian Berkbile 12/15 4 Roads 12/16 4 Roads Gindlesperger, 08 -030 Page 10 b. Gindlesperger confirmed to State Ethics Commission Investigators that dates and hours worked could not be established. 35. Gindlesperger submitted a listing of hours labeled, Time Sheet Cindy or Collette Thanks Calvin" in December 2007 containing 34.5 hours claimed as part -time Roadmaster. The listing contained the following hours: a. Gindlesperger had telephonic conversations with Vivian Berkebile regarding personnel issues relating to her husband, Township road crew member Randy Berkebile. 1. Randy Berkebile was off work on disability due to a back injury and wished to return to work and a conflict arose. 2. Gindlesperger held telephonic conferences with former Township Solicitor James Beener regarding the issue. 3. Vivian Berkebile confirmed she contacted Gindlesperger in his capacity as Chairman of the Board of Supervisors. 36. Gindlesperger listed 4 hours on December 15, 2007, and 4 hours on December 16, 2007, as "roads." a. The 4 hours claimed on December 15, 2007, and the 4 hours claimed on December 16, 2007, are related to Gindlesperger's duties as part -time Roadmaster. 1. Gindlesperger explained during an interview with State Ethics Commission Investigators that on said dates, he and former Supervisor David Hart toured roads to determine those that required future repair. b. The remaining 26.5 hours listed on the December time sheet are not road related and are related to Gindlesperger's responsibilities and duties as a Conemaugh Township Supervisor. Check Date Check No. Amount Meeting Date Action Recorded Vote 09/13/2007 6998 $772.68 09/19/2007 vote 3 to 0 09/27/2007 ** 7036 $772.68 10/24/2007 vote 3 to 0 11/21/2007** 7191 $772.68 11/21/2007 second, vote 2 to 0 12/20/2007 ** 7265 $350.09 12/19/2007 second, vote 2 to 0 Check Date Check No. Amount Signed 9/13/2007 6998 $772.68 Hart, Kauffman 10/1/2007* 7036 $772.68 Hart, Kauffman 11/26/2007* 7191 $772.68 Hart, Kauffman 12/21/2007* 7265 $350.09 Hart, Kauffman Gindlesperger, 08 -030 Page 11 37. High Ridge Water Authority records confirm Gindlesperger did not utilize vacation, personal, or sick leave from his position as Operations Manager for the Authority from November 24, 2007, until December 16, 2007. 38. Gindlesperger filled out and submitted all of the time sheets to the Township for payment. a. Gindlesperger's submitting of the time sheets constituted his initial approval of the hours for payment. b. Each time sheet was also initialed by Supervisor David Hart for approval. 39. Conemaugh Township Meeting minutes do not contain mention of Gindlesperger having been specifically authorized by a vote of the Board to be compensated for the claimed hours. 40. Conemaugh Township Records confirm payments to Gindlesperger for hours claimed as part -time Roadmaster. Payment was issued to Gindlesperger with the following checks: *[Cf., Fact Finding 41 a.] a. Gindlesperger's facsimile stamp or signature was not present on any of the above outlined checks. 41. Conemaugh Township records confirm Gindlesperger participated in the approval of monthly Township bills including all payments from the Township General Fund. Payroll in the Township is paid from the General Fund. a. Gindlesperger participated in the approval of 4 out of 4 of the checks that were issued to him for the part -time Roadmaster hours as shown below: * *[Cf., Fact Finding 40.] 42. Gindlesperger cashed or deposited all payroll checks issued to him for hours claimed as part time Roadmaster. 43. Gindlesperger received a private pecuniary gain of $2,363.57 when he claimed and received compensation for duties attributable to his position as a township supervisor, rather than those of a part -time Roadmaster. Gindlesperger, 08 -030 Page 12 a. Total Payments: Less 16 hours 4/2007, PSATs convention: 4 hours 12/15/2007, Roads: 4 hours 12/16/2007, Roads: Total $2,668.13 $ 203.04 $ 50.76 $ 50.76 $2,363.57 THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT GINDLESPERGER FAILED TO DISCLOSE ON STATEMENTS OF FINANCIAL INTERESTS FILED FOR THE 2004, 2005, AND 2007 CALENDAR YEARS, ALL SOURCES OF INCOME IN EXCESS OF $1,300.00. 44. As [a] Supervisor for Conemaugh Township, Gindlesperger was annually required to file a Statement of Financial Interests form by the yearly May 1 deadline, containing information for the prior calendar year. Statement of Financial Interests forms on file with Conemaugh Township include the following filings by Gindlesperger: a. Calendar Year 2003: Filed: 2 -24 -04 on SEC form 01/03 Position: Supervisor Creditors: GMAC Car Loan Direct /indirect income: None Office, Directorship or Employment in any business: None All other financial interests: None b. Calendar Year 2004: Filed: Not Dated on SEC form 01/05 Position: Supervisor Creditors: None Direct /indirect income: Highridge Water Authority, DEP Office, Directorship or Employment in any business: None All other financial interests: None c. Calendar Year 2005: Filed: 1 -18 -06 on SEC form 01/06 Position: Supervisor Creditors: None Direct /indirect income: None Office, Directorship or Employment in any business: None All other financial interests: None d. Calendar Year 2006: Filed: 1 -8 -07 on SEC form 01/07 Position: Supervisor Creditors: M & T Bank Direct /indirect income: Highridge Water Authority, Conemaugh Township Office, Directorship or Employment in any business: None All other financial interests: None e. Calendar Year 2007: Filed: 1 -13 -08 on SEC form 01/08 Position: Supervisor Calendar Year Income 2004 $2,499.96 2005 $2,499.96 2007 $5,983.37 Gindlesperger, 08 -030 Page 13 Creditors: M & T Bank Direct /indirect income: Highridge Water Authority Office, Directorship or Employment in any business: None All other financial interests: None 45. Gindlesperger did not list Conemaugh Township as a source of direct /indirect income on the 2004, 2005 and 2007 calendar year forms. a. Conemaugh Township records confirm that Gindlesperger earned in excess of $1,300.00 from Conemaugh Township in 2004, 2005, and 2007 as shown below: 46. On August 7, 2008, Gindlesperger filed amended Statement of Financial Interests forms with the State Ethics Commission office. Amended forms filed with the Investigative Division include the following findings: a. Calendar Year 2004: Filed: 7 -30 -08 on SEC form 01/08 Position: Supervisor Creditors: None Direct /indirect income: Highridge Water Authority Office, Directorship or Employment in any business: None All other financial interests: None b. Calendar Year 2005: Filed: 7 -30 -08 on SEC form 01/08 Position: Supervisor Creditors: None Direct /indirect income: Highridge Water Authority Office, Directorship or Employment in any business: None All other financial interests: None c. Calendar Year 2007 Calendar Year: 2007 Filed: 7 -30 -08 on SEC form 01/08 Position: Supervisor Creditors: M & T Credit Services, LLC Direct /indirect income: Highridge Water Authority Office, Directorship or Employment in any business: None All other financial interests: None 47. Gindlesperger did not list all sources of direct /indirect income in excess of $1,300.00 on the amended forms. a. Gindlesperger did not list Conemaugh Township as a source of income on the amended forms. III. DISCUSSION: As a Supervisor of Conemaugh Township ( "Township ") from January 5, 2004, until April 16, 2008, Respondent Calvin Gindlesperger (hereinafter also referred to as Gindlesperger, 08 -030 Page 14 "Respondent," "Respondent Gindlesperger," and "Gindlesperger ") 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 Gindlesperger violated Sections 1103(a) and 1105(b) of the Ethics Act: (1) when he used the authority of his public position for private pecuniary benefit when he claimed hours worked as a part -time Roadmaster that were related to his duties and responsibilities as a Township Supervisor and when he participated in actions of the Township Board of Supervisors to approve payments issued to him for these duties; and (2) when he failed to disclose on Statements of Financial Interests filed for the 2004, 2005, and 2007 calendar years all sources of income in excess of $1,300.00. 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. Subject to certain statutory exceptions not applicable to this matter, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the Statement of Financial Interests the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. 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. Gindlesperger, 08 -030 Page 15 Respondent Gindlesperger served as a Member and Chairman of the Township Board of Supervisors ( "Board ") from January 5, 2004, until April 16, 2008. The Board consists of three Members. Township Supervisors receive an annual wage of $2,499.96 for all duties performed in a Supervisor capacity including, but not limited to, attendance at Board meetings. Supervisors do not have to be present at all meetings to receive the full compensation. Voting at Board meetings occurs by individual roll call vote after a motion is made and properly seconded. Abstentions and objections are specifically noted in the minutes. Meeting minutes are approved at subsequent meetings. Signature authority over Township accounts is held by all three Supervisors and the Secretary /Treasurer. Checks require the signature of the Secretary /Treasurer and one Supervisor. From 2004 through 2008, all three Supervisors were appointed as Roadmasters in either a full or part -time capacity. Township Roadmasters are responsible for supervising the maintaining of Township roads. Tasks include road inspection, snow plowing, and directing the road crew. At times, Township Roadmasters perform physical labor with the road crew. Respondent served as a part -time Roadmaster from January 5, 2004, until April 16, 2008. Respondent's approved hourly rate as a part -time Roadmaster was $12.44 in 2004, 2005, and 2006, and $12.69 in 2007 and 2008. There were no set working hours for Respondent as a part -time Roadmaster. Respondent did not claim hours worked as a part -time Roadmaster until September 2007. Beginning in September 2007, Respondent billed the Township for hours claimed in a part -time Roadmaster capacity. The claimed hours were retroactive to October 2005. On or about September 8, 2007, Respondent submitted a time sheet to the Township claiming 80 hours as a part -time Roadmaster during the time period from October 2005 through June 2007, as detailed at Fact Findings 21 -26. Respondent listed the hours as pertaining to police hearings, the budget, attendance at the PSATS conference, and attendance at meetings regarding a sewage project. The parties have stipulated that all 80 hours claimed by Respondent on the September 8, 2007, time sheet were related to his duties and responsibilities as a Township Supervisor, and that none of the hours claimed were related to the part -time Roadmaster position. On or about September 22, 2007, Respondent submitted a time sheet to the Township claiming 80 hours as a part -time Roadmaster during the time period from June 2007 to September 2007. All 80 hours claimed on the September 22, 2007, time sheet were listed as pertaining to police issues and were related to Respondent's duties and responsibilities as a Township Supervisor. On or about November 18, 2007, Respondent submitted a memo to the Township Secretary /Treasurer claiming 80 hours as a part -time Roadmaster, as detailed at Fact Findings 29 -33. Respondent did not list specific dates and times that the claimed hours were worked. Respondent listed the hours as pertaining to police, budget, and sewer issues and "general." The parties have stipulated that all hours listed on the memo related to Respondent's duties and responsibilities as a Township Supervisor. In December 2007 Respondent claimed 34.5 hours as a part -time Roadmaster for the time period of November 24 through December 16, 2007, as detailed in Fact Findings 35 -36 b. Of the 34.5 hours claimed, 8 hours related to Respondent's duties as a part -time Roadmaster. The remaining 26.5 hours were not road related and were related to Gindlesperger, 08 -030 Page 16 Respondent's duties and responsibilities as a Township Supervisor. Township payroll is processed as follows. The Payroll Clerk enters submitted hours into her computer to generate payroll checks. The checks are subsequently signed by the Supervisors and Secretary /Treasurer before being distributed to employees. Final approval of payroll occurs at regular monthly meetings through a motion to pay all bills for the month. Payroll checks are issued from the Township General Fund. The parties have stipulated that Respondent's submission of the time sheets constituted his initial approval of the hours for payment. Each time sheet was also initialed by another Supervisor for approval. The Township issued the following checks as payments to Respondent for hours claimed as a part -time Roadmaster: (1) check number 6998 in the amount of $772.68; (2) check number 7036 in the amount of $772.68; (3) check number 7191 in the amount of $772.68; and (4) check number 7265 in the amount of $350.09. All four checks bore dates between September 13, 2007, and December 21, 2007, and were signed by Supervisors other than Respondent. Respondent participated in the approval of monthly Township bills including all four of the aforesaid checks that were issued to him for the part -time Roadmaster hours. Specifically, Respondent seconded the motions and participated in 2 to 0 votes to approve checks 7191 and 7265. Respondent participated in 3 to 0 votes to approve checks 6998 and 7036. The parties have stipulated that Respondent received a private pecuniary gain in the amount of $2,363.57 when he claimed and received compensation as a part -time Roadmaster for duties attributable to his position as a Township Supervisor, as calculated at Fact Finding 43 a. We shall now summarize the material facts pertaining to Respondent's Statements of Financial Interests ( "SFIs "). As a Township Supervisor, Respondent was required to file an SFI with the Township each year by May 1. Respondent did not list the Township as a direct or indirect source of income on his 2004, 2005 and 2007 calendar year SFI forms. Township records confirm that Respondent earned in excess of $1,300.00 from the Township in each of those years. On August 7, 2008, Respondent filed amended SFI forms with this Commission. Respondent did not list the Township as a source of income on the amended forms. 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 Gindlesperger claiming and receiving hours worked as a part -time Roadmaster which were related to his duties and responsibilities as a Township Supervisor, and his participation in the approval of such payments; and b. That a technical violation of Section 1105(b) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1105(b) Gindlesperger, 08 -030 Page 17 occurred in relation to Gindlesperger's failure to disclose on Statements of Financial Interests filed for the 2004, 2005, and 2007 calendar years, all sources of income in excess of $1,300.00. 4. Gindlesperger agrees to make payment in the amount of $2,363.57 in settlement of this matter payable to the Township of Conemaugh and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Gindlesperger agrees to file complete and accurate Statements of Financial Interests with the Township of Conemaugh, through the Pennsylvania State Ethics Commission, for calendar years 2004, 2005, and 2007 within thirty (30) days of the issuance of the final adjudication in this matter. 6. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1 -2. In considering the Consent Agreement, we agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred in relation to Respondent claiming and receiving payments for hours worked as a part -time Roadmaster that were related to his duties and responsibilities as a Township Supervisor, and his participation in the approval of such payments. Each element of the recommended violation has been established. But for the fact that Respondent was a Township Supervisor, he would not have been in a position to submit claims for payment for the aforesaid hours of administrative work. The parties have stipulated that Respondent's submission of time sheets claiming payment as a part -time Roadmaster for duties performed as a Township Supervisor constituted his initial approval of the hours for payment. Respondent further used the authority of his public office when he participated in the approval of payment of monthly Township bills that included all four of the Township checks issued to him for the aforesaid hours. The resulting compensation constituted a private pecuniary benefit to Respondent. It is well established that a township supervisor may not receive hourly wages as an employee for performing the duties of a supervisor. See, R.H. v. State Ethics Commission, 673 A.2d 1004 (Pa. Cmwlth. 1996); Cf., Mendez, Order 1481; Hahn, Order 1480; Harton, Order 1421; Seamans, Order 1411; Johnson, Order 1187. Therefore, Respondent received a private pecuniary gain in the amount of $2,363.57 when he claimed and received compensation as a part -time Roadmaster for duties attributable to his position as a Township Supervisor. Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Respondent claiming and receiving payments for hours worked as a part -time Roadmaster that were related to his duties and responsibilities as a Township Supervisor, and his participation in the approval of such payments. Gindlesperger, 08 -030 Page 18 We accept the recommendation of the parties for the finding of a technical violation of Section 1105(b) of the Ethics Act in relation to Respondent's failure to disclose on his SFIs filed for the 2004, 2005, and 2007 calendar years all sources of income in excess of $1,300.00, specifically, the Township. For each of these calendar years, Respondent received income from the Township in an amount that exceeded $1,300.00, yet he failed to list the Township as a source of income on his SFI. We hold that a technical violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred in relation to Respondent's failure to disclose on his SFIs filed for the 2004, 2005, and 2007 calendar years all sources of income in excess of $1,300.00. See, Hahn, supra; Gorr, Order 1523; Wyrick, Order 1512; Glover, Order 1389. As part of the Consent Agreement, Respondent has agreed to make payment in the amount of $2,363.57 payable to the Township of Conemaugh and forwarded to this Commission within thirty days of the issuance of the final adjudication in this matter. Respondent has further agreed to file complete and accurate SFIs for calendar years 2004, 2005, and 2007 with the Township through this Commission within thirty days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth the proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Respondent is directed to make payment in the amount of $2,363.57 payable to the Township of Conemaugh and forwarded to this Commission by no later than the thirtieth (30 day after the mailing date of this adjudication and Order. To the extent he has not already done so, Respondent is directed to file complete and accurate SFIs for calendar years 2004, 2005, and 2007 with the Township through this Commission by no later than the thirtieth (30 day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As a Supervisor of Conemaugh Township ( "Township") from January 5, 2004, until April 16, 2008, Respondent Calvin Gindlesperger (" Gindlesperger") 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. Gindlesperger violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he claimed and received payments for hours worked as a part -time Roadmaster that were related to his duties and responsibilities as a Township Supervisor and participated in approving such payments. 3. A technical violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred in relation to Gindlesperger's failure to disclose on his Statements of Financial Interests filed for the 2004, 2005, and 2007 calendar years all sources of income in excess of $1,300.00. In Re: Calvin Gindlesperger, Respondent ORDER NO. 1522 File Docket: 08 -030 Date Decided: 7/22/09 Date Mailed: 8/4/09 1 As a Supervisor of Conemaugh Township ( "Township "), Respondent Calvin Gindlesperger ( "Gindlesperger ") violated Section 1103(a) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he claimed and received payments for hours worked as a part -time Roadmaster that were related to his duties and responsibilities as a Township Supervisor and participated in approving such payments. 2 A technical violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred in relation to Gindlesperger's failure to disclose on his Statements of Financial Interests filed for the 2004, 2005, and 2007 calendar years all sources of income in excess of $1,300.00. 3. Per the Consent Agreement of the parties, Gindlesperger is directed to make payment in the amount of $2,363.57 payable to the Township of Qonemaugh and forwarded to this Commission by no later than the thirtieth (30) day after the mailing date of this Order. 4. To the extent he has not already done so, Gindlesperger is directed to file complete and accurate Statements of Financial Interests for calendar years 2004, 2005, and 2007 with the Township through this Commission by no later than the thirtieth (30 ) day after the mailing date of this Order. 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