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HomeMy WebLinkAbout1569 DeVries In Re: Burt DeVries, : File Docket: 09-034 Respondent : X-ref: Order No. 1569 : Date Decided: 10/19/10 : Date Mailed: 10/26/10 Before: Louis W. Fryman, Chair John J. Bolger, Vice Chair Donald M. McCurdy Raquel K. Bergen Nicholas A. Colafella Mark Volk 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. DeVries, 09-034 Page 2 I.ALLEGATIONS: That Burt DeVries, a public official/public employee in his capacity as a Member of the South Pymatuning Township Municipal Authority, violated Sections 1103(a) and 1104(a) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a) and 1104(a), when he used the authority of his office for private pecuniary benefit, including but not limited to increasing his rate of compensation as a Board Member without approval of the South Pymatuning Township Board of Supervisors, the appointing authority; and then subsequently participating in actions of the Authority Board to issue payments to him; and when he failed to file Statements of Financial Interests for the 2005 and 2006 calendar years. II.FINDINGS: 1. DeVries has served as a Member of the South Pymatuning Township Municipal Authority (hereafter Authority) consecutively from at least December 6, 2005, through the present. a. DeVries was initially appointed to fill a vacancy on the Authority Board on December 4, 2002. 1. DeVries served as an Authority Board Member from December 4, 2002, until March 10, 2003. 2. DeVries served as an alternate Authority Board Member from March 11, 2003, through approximately December 5, 2005. b. DeVries served as the Authority Assistant Secretary/Treasurer from January 3, 2006, to January 2, 2007, and as the Authority Treasurer from January 2, 2007, to the present. 2. DeVries also served as a Supervisor for South Pymatuning Township, Mercer County, from February 5, 1996, to January 5, 2004. a. DeVries served as the Assistant Chairperson of the Board of Supervisors from at least January 6, 1997, until January 5, 2004. 3. The South Pymatuning Township Supervisors are responsible for appointing the Members of the Authority Board and setting Board Member compensation. a. Authority Board Members serve five year terms. b. Pursuant to the provisions of the Municipality Authorities Act, compensation provided for Authority Board Members must be established by the appointing authority. 1. Board Members are not permitted to receive an increase or decrease in compensation during their existing terms. 2. Any increase or decrease in salary becomes effective only upon the beginning of a new term after the increase/decrease is enacted. 4. The original Articles of Incorporation associated with the Authority provided for a five Member Board of Directors. a. The Articles of Incorporation specifically mandated that the Authority was limited to the undertaking of only those projects which it was directed to DeVries, 09-034 Page 3 undertake by resolution or ordinance of the Board of Supervisors. 5. The Authority is currently governed by a five Member Board of Directors. a. The Authority Board holds one regularly scheduled meeting per month on the first Tuesday of each month. 1. Special meetings are held as necessary. b. The Township Supervisors appointed a specific alternate Member to the Authority Board in March 2003, January 2007, January 2008, and January 2009. 1. The initial alternate Board Member appointed served as such from March 2003 until December 2005. 2. No alternate Board Member was specifically appointed by the Township Supervisors in 2007. 6. Voting at Authority meetings is normally conducted via group “aye/nay” vote after a motion is made and properly seconded. a. All Board Members, including the Board Chairman, vote on motions presented. b. If any Authority Member objects during the group vote, an individual roll call vote is taken and recorded. c. Any objections or abstentions cast are specifically noted in the minutes. 1. Minutes of Authority Board Meetings are approved for accuracy at subsequent meetings. 7. No specific meeting packets are compiled for Authority Board Members to review prior to Authority Board meetings. a. Documents provided to the Authority Board Members at each meeting include an agenda developed by the Board Chairman, a report developed by the Authority engineer, and a Treasurer’s report generated by the recording secretary. b. The recording secretary also compiles a bill list which is presented to the Board for review at the regular monthly meeting. 1. The bill list represents all those bills received by the Authority since the prior legislative meeting. 8. Signature authority over Authority accounts is maintained by all five Members of the Authority Board. a. Authority checks require two live signatures. b. Facsimile stamps are not utilized by the Authority. 9. The Township Board of Supervisors set Authority Board Members’ compensation at the rate of $50.00 (gross) per meeting. DeVries, 09-034 Page 4 a. The Board of Supervisors set this compensation in December 2002 (Finding No. 18). 1. Prior to this time Authority Members were not compensated. b. Board Members must be present in order to receive the $50.00 payment. c. The $50.00 per meeting payment is applicable to Authority meetings as well as any meetings attended which relate to Authority business. 10. Payment issued to Authority Board Members for meeting attendance is specifically documented on the bill list presented for review and approval. a. The Authority secretary sends an e-mail message to every Board Member on a monthly basis in order to determine the amount of compensation to issue to each respective Board Member. 1. The e-mail requests each respective Board Member to inform the secretary of the number of meetings which were attended during the prior month. b. The Authority secretary generates checks for each respective Board Member based on the response received. c. The Authority secretary transports the checks to the Authority meeting for required signatures and subsequent distribution. 11. The desire of Authority Board Members to receive compensation for service on the Board was first presented to the Township Supervisors for consideration at least as early as December 17, 2001. a. Authority Board Members had historically served as unpaid volunteers in their positions through that time. 12. Minutes of the December 17, 2001, Supervisors Special Meeting document then Authority Board Member Mark Presley questioning the Supervisors regarding Authority Board Members receiving compensation. a. The entire Authority Board and Authority solicitor were in attendance at the meeting with the exception of Board Member David Sopko. b. The Township did not approve compensation for Authority Board Members at that time. 13. At the January 2, 2002, Authority meeting, the Authority Board requested its solicitor to inform the Township Supervisors of the Authority’s position on various issues under consideration. a. Issues under consideration included the size of the Board, appointment of new Board Members, and salaries for Board Members. 14. In correspondence dated January 4, 2002, to the Township Supervisors, the Authority solicitor noted the following regarding compensation for Authority Members: a. The Authority Board was renewing its request that its Members be paid for each regular meeting attended at the rate of fifty dollars per meeting. DeVries, 09-034 Page 5 1. The correspondence identified extra Board Member responsibilities regarding the Authority beyond regular meeting attendance including managing finances, answering concerns of the public, attending meetings with the Borough of Clark Sewer Committee, and attending meetings of the Upper Shenango Valley Water Pollution Control Authority (USVWPCA). 2. The correspondence documented that all extra responsibilities would remain uncompensated including attending special meetings or meetings with the Township Supervisors. b. The Township Supervisors did not approve compensation for Authority Board Members as a result of the second request made on January 4, 2002. c. Authority Board Members continued to serve as unpaid volunteers in their positions through 2002. 15. At the November 14, 2002, Authority meeting, the Authority Board again requested its solicitor to inform the Township Supervisors of the Authority’s position on various issues under consideration by both the Authority and the Supervisors. a. Issues under consideration again included the size of the Authority Board, appointment of new Board Members, and salaries for Board Members. 16. In correspondence to the Township Supervisors dated November 19, 2002, the Authority solicitor presented the Authority’s position on multiple issues, including: a. The reappointment of Evelyn Klein to the Authority Board for a five year term expiring on December 31, 2007. b. [Approval] for establishment of a salary for Authority Members at the rate of fifty dollars per regular meeting attended. 17. A motion was made at the November 22, 2002, Supervisors meeting by DeVries, seconded by Nashtock, to appoint Nashtock to the Authority Board. a. The motion passed via unanimous 2-0 vote. 1. Supervisor Derr was not present at the meeting. 18. At the December 4, 2002, meeting of the Board of Supervisors, a motion was made by Nashtock, seconded by DeVries, to set compensation for Authority Board Members to be paid from Authority accounts as designated by the Authority Board. a. The motion called for Authority Board Members to receive compensation in the amount of $50.00 per meeting. 1. The $50.00 per meeting payment was documented as being effective January 1, 2003, for Board Members starting their term on or after this date. b. The motion passed via 2-0 unanimous vote. c. The motion did not specify if Authority Board Members were entitled to receive the $50.00 per meeting attended for meetings outside regular Authority meetings (i.e., meetings with the Authority engineer, attendance at DeVries, 09-034 Page 6 USVWPCA meetings, etc.). 19. Prior to December 2002, the South Pymatuning Township Supervisors had never approved Members of the Authority Board to receive compensation for their service/meeting attendance. a. The Authority Board had initiated requests to the Township Supervisors to approve compensation for Board Members as early as, if not prior to, December 2001. b. Individuals serving as Board Members had done so as unpaid volunteers from the inception of the Authority. 20. Between 2005 and 2008, the Authority Board, including DeVries, voted to increase the compensation of Authority Members. a. DeVries, as a Township Supervisor, voted to set compensation for Authority Members in 2002. b. Minutes of the Authority meetings confirm the following regarding increases to Member compensation: January 5, 2005: The Authority went into executive session. The Authority returned from executive session. Vince DeJulia made a motion to increase Lori Gill’s salary to $1,000.00 per month, Dave Haywood seconded. All Members approved. Dave Haywood made a motion [to] increase the Board Members pay per meeting to $75.00 per meeting, Vince DeJulia seconded. All Members approved. 1. Board Member Klein was not present for this meeting. Members voting were Nashtock, DeVries, DeJulia and Haywood. January 4, 2006: Dave Haywood made a motion to pay the Authority Members $100.00 per meeting for the South Pymatuning Municipal Authority and $75.00 per meeting for the USVWPCA, Vince DeJulia seconded. All Members approved. 1. Members present and voting were Nashtock, DeVries, DeJulia, Klein and Haywood. January 18, 2008: At 6:00 p.m. the Board went into Executive Session to discuss personnel matters and reconvened at 6:10 p.m. A motion was made by Mr. DeVries, seconded by Mrs. Klein to set the regular monthly meeting pay for all Board Members to $150.00 and reduce the extra meeting and continued meeting pays to $50.00 per meeting. Any Member that attends a USVWPCA meeting will be credited with an extra meeting pay. The rate increase is effective February 1, 2008. Motion carried. 1. Board Members voting were DeJulia, DeVries, Klein, Nashtock and Schenker. DeVries, 09-034 Page 7 c. DeVries voted, as an alternate Authority Member, on January 5, 2005. 21. Authority Board Members routinely voted to approve increases in Board Member compensation as illustrated in the chart below: Meeting Date Members Meeting Meeting Compensation Vote Present Compensation Approved by Authority Established by Supervisors January 5, 2005 M. Nashtock $50.00 per meeting $75.00 per meeting 4-0 B. DeVries V. DeJulia D. Haywood January 4, 2006 M. Nashtock $50.00 per meeting $100.00 per Authority meeting 5-0 B. DeVries V. DeJulia $75.00 per USVWPCA meeting E. Klein D. Haywood January 18, 2008 M. Nashtock $50.00 per meeting $150.00 per Authority meeting 5-0 B. DeVries V. DeJulia $50.00 per extra and continued E. Klein meetings J. Schenker a. None of the increases in compensation were presented to the South Pymatuning Township Supervisors for consideration or approval prior to enacting. b. Nashtock did not inform the Township Supervisors of Authority Board actions to increase Board Member compensation in 2005, 2006 or 2008 although serving as both a South Pymatuning Township Supervisor and Authority Board Member during those years. 22. When compensation was increased at the above listed meetings, Members of the Board of Supervisors were also serving as Authority Members. a. Supervisor Nashtock was present at the 2005, 2006 and 2008 meetings. b. The Authority Members believed that the Board of Supervisors would have approved increases. 23. At the times of the votes to increase compensation, Authority Members believed that since a Member of the Board of Supervisors voted to increase compensation, no other formal action was required. a. The Authority Solicitor did not advise the Authority that separate Board of Supervisor approval was required. b. Former Supervisor DeVries and Supervisor Nashtock, who also served as Authority Members, did not believe any additional action of the Supervisors was required. DeVries, 09-034 Page 8 24. Checks issued to Authority Board Members as compensation for meeting attendance originated from Authority Account Numbers XXXX406 and XXXXX526 at First National Bank (FNB). 25. Between May 2004 and August 2009, DeVries participated in actions as a Member of the Authority to approve monthly bills which included payments to him for attendance at meetings. a. [The] payments received by DeVries [totaled] $8,500.00. b. DeVries voted to approve fifty-four (54) bill lists during this time. c. DeVries signed four (4) checks totaling $750.00 issued to him. 26. From February 2005 through August 2009, DeVries received compensation as an Authority Board Member in excess of the amount specifically approved by the Township Supervisors totaling $3,950.00 as shown in the chart below: Meeting Check Check Check No. of Amount Unapproved Date Number Date Amt. Mtgs. Due Compensation (Gross) 06/01/04 2000 06/01/04 50.00 1 $50.00 $0.00 07/06/04 2016 07/06/04 50.00 1 50.00 0.00 08/03/04 2040 08/03/04 50.00 1 50.00 0.00 09/07/04 2055 09/07/04 50.00 1 50.00 0.00 12/2004 2118 12/07/04 50.00 1 50.00 0.00 01/05/05 2142 01/01/05 50.00 1 50.00 0.00 02/01/05 2164 02/01/05 75.00 1 50.00 25.00 03/08/05 2180 03/01/05 75.00 1 50.00 25.00 04/05/05 2195 04/05/05 75.00 1 50.00 25.00 08/02/05 2285 08/02/05 75.00 1 50.00 25.00 09/06/05 2317 09/06/05 75.00 1 50.00 25.00 10/04/05 2331 10/04/05 75.00 1 50.00 25.00 11/01/05 2350 11/01/05 75.00 1 50.00 25.00 12/06/05 2373 12/01/05 150.00 2 100.00 50.00 01/04/06 2390 01/03/06 75.00 1 50.00 25.00 02/07/06 2413 02/01/06 100.00 1 50.00 50.00 03/07/06 2429 03/07/06 100.00 1 50.00 50.00 04/04/06 2442 04/04/06 250.00 3 150.00 100.00 05/02/06 2462 05/01/06 175.00 2 100.00 75.00 06/06/06 2475 06/06/06 100.00 1 50.00 50.00 07/05/06 2495 07/05/06 100.00 1 50.00 50.00 08/01/06 2498 08/01/06 175.00 2 100.00 75.00 09/05/06 0004 09/07/06 250.00 3 150.00 100.00 10/03/06 1015 10/03/06 175.00 2 100.00 75.00 11/06/06 1042 11/06/06 175.00 2 100.00 75.00 12/05/06 1058 12/05/06 250.00 3 150.00 100.00 01/04/07 1086 01/04/07 175.00 2 100.00 75.00 02/06/07 1115 02/06/07 250.00 3 150.00 100.00 03/06/07 1136 03/06/07 100.00 1 50.00 50.00 04/03/07 1151 04/03/07 175.00 2 100.00 75.00 05/01/07 1178 05/01/07 175.00 2 100.00 75.00 06/05/07 1203 06/05/07 100.00 1 50.00 50.00 07/09/07 1223 07/09/07 100.00 1 50.00 50.00 08/01/07 1242 08/01/07 250.00 3 150.00 100.00 DeVries, 09-034 Page 9 Meeting Check Check Check No. of Amount Unapproved Date Number Date Amt. Mtgs. Due Compensation (Gross) 09/04/07 1261 09/04/07 175.00 2 100.00 75.00 10/02/07 1281 10/02/07 175.00 2 100.00 75.00 11/07/07 1320 11/07/07 100.00 1 50.00 50.00 12/04/07 1343 12/04/07 325.00 4 200.00 125.00 01/09/08 1368 01/09/08 175.00 2 100.00 75.00 02/05/08 1391 02/01/08 225.00 2 100.00 125.00 03/05/08 1415 03/04/08 200.00 2 100.00 100.00 04/01/08 1438 04/01/08 200.00 2 100.00 100.00 05/06/08 1470 05/06/08 200.00 2 100.00 100.00 06/03/08 1489 06/03/08 150.00 1 50.00 100.00 07/01/08 1505 07/01/08 200.00 2 100.00 100.00 08/05/08 1530 08/05/08 150.00 1 50.00 100.00 09/02/08 1548 09/02/08 200.00 2 100.00 100.00 10/07/08 1562 10/07/08 150.00 1 50.00 100.00 11/03/08 1586 11/02/08 200.00 2 100.00 100.00 12/02/08 1606 12/02/08 150.00 1 50.00 100.00 01/06/09 1627 01/06/09 250.00 3 150.00 100.00 02/03/09 1649 02/03/09 150.00 1 50.00 100.00 03/03/09 1668 03/03/09 150.00 1 50.00 100.00 04/07/09 1689 04/07/09 150.00 1 50.00 100.00 05/05/09 1712 05/05/09 150.00 1 50.00 100.00 06/02/09 1739 06/02/09 150.00 1 50.00 100.00 07/07/09 1761 07/07/09 150.00 1 50.00 100.00 08/04/09 1776 08/04/09 150.00 1 50.00 100.00 Total $8,500.00 $3,950.00 27. Ongoing payment to Authority Board Members was suspended by the Authority Board at the October 6, 2009, Authority Board meeting. a. Noted under “New Business” was that the Board hold payment for October and future meetings until informed by the Commission of a resolution to the potential conflict of Members adjusting their own compensation. 1. Commission refers to the State Ethics Commission. b. The motion passed unanimously. 1. DeVries was present at the meeting and participated in the unanimous vote. 28. During a sworn statement with Commission investigators on May 6, 2010, DeVries stated the following: a. DeVries recalled the issue of approving compensation for the Authority Board being presented to the Township Supervisors when he served as such. b. DeVries believed that Authority Board Members served as volunteers prior to December 2002 when the Township Supervisors approv[ed] compensation for Board Members. c. DeVries, as a Township Supervisor, participated in the vote to appoint himself to the Authority Board and participated in the vote to approve DeVries, 09-034 Page 10 compensation for Authority Board Members. 1. DeVries recalled no statement having been made by either him or Michael Nashtock regarding possible conflicts of interests in relation to the votes. d. DeVries was in favor of allowing the Authority Board to establish its own compensation amount with no Township involvement unless the amounts established by the Authority Board became “ridiculous.” 1. DeVries was in favor of allowing such after reviewing the section of the Municipality Authorities Act which allowed the Authority Board to establish Board officer compensation. aa. All Members of the Authority Board served as officer[s] at that time; however, increases approved by the Authority Board were for general Board membership. e. DeVries did not accept any compensation as an alternate Authority Board Member until after his term as a Township Supervisor had expired. f. Board Members are not issued any reimbursement for mileage, charges incurred for telephone calls regarding Authority business, etc. THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT DEVRIES FAILED TO FILE A STATEMENT OF FINANCIAL INTERESTS IN HIS POSITION AS A MEMBER OF THE SOUTH PYMATUNING TOWNSHIP MUNICIPAL AUTHORITY FOR CALENDAR YEARS 2005 AND 2006. 29. On May 20, 2009, and August 26, 2009, a review of various records including Statements of Financial Interests was conducted by the Investigative Division of the State Ethics Commission at the South Pymatuning Township municipal building. b. No Statements of Financial Interests were present for DeVries in his position as an Authority Board Member for calendar years 2005 and 2006. 30. On May 6, 2010, DeVries met with a Commission investigator and provided copies of his personal copies of Statements of Financial Interests which he had filed for calendar years 2005 and 2006. a. DeVries’s 2005 and 2006 calendar year Statements of Financial Interests were dated June 12, 2006, and February 12, 2007, respectively. III.DISCUSSION: As a Member of the South Pymatuning Township Municipal Authority (“Authority”), Respondent Burt DeVries, hereinafter also referred to as “Respondent,” “Respondent DeVries,” and “DeVries,” is 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 Respondent DeVries violated Sections 1103(a) and 1104(a) of the Ethics Act: (1) when he used the authority of his office for private pecuniary benefit, including but not limited to increasing his rate of compensation as a Board Member without approval of the South Pymatuning Township (“Township”) Board of Supervisors, the appointing authority, and then subsequently participating in actions of the Authority Board to issue payments to him; and (2) when he failed to file Statements of Financial Interests (“SFIs”) for the 2005 and 2006 calendar years. DeVries, 09-034 Page 11 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. Section 1104(a) of the Ethics Act provides that each public official/public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Respondent DeVries has served as a Member of the Authority consecutively from at least December 6, 2005, through the present. DeVries was initially appointed to fill a vacancy on the Authority Board on December 4, 2002. DeVries served as an Authority Board Member from December 4, 2002, until March 10, 2003. DeVries served as an alternate Authority Board Member from March 11, 2003, through approximately December 5, 2005. DeVries served as the Authority Assistant Secretary/Treasurer from January 3, 2006, to January 2, 2007, and as the Authority Treasurer from January 2, 2007, to the present. DeVries also served as a Township Supervisor from February 5, 1996, to January 5, 2004. DeVries, 09-034 Page 12 The Members of the Authority Board are appointed by the Township Board of Supervisors. Pursuant to the Municipality Authorities Act, compensation provided for Authority Board Members must be established by the Township Board of Supervisors as the appointing authority. Authority Board Members are not permitted to receive an increase or decrease in compensation during their existing terms. Any increase or decrease in salary becomes effective only upon the beginning of a new term. In December 2002 the Township Board of Supervisors set the compensation of Authority Board Members at the rate of $50.00 gross per meeting attended. As a Township Supervisor, DeVries seconded the motion and voted in favor of setting such compensation for the Authority Board Members. The $50.00 per meeting payment was documented as being effective January 1, 2003, for Board Members starting their term on or after that date. Although the approved motion did not specify whether Authority Board Members would be entitled to compensation for meetings outside regular Authority meetings (Fact Finding 18 c), the parties have stipulated that the $50.00 per meeting payment is applicable to Authority meetings as well as any meetings attended that relate to Authority business (Fact Finding 9c). At Authority Board meetings held on January 5, 2005, January 4, 2006, and January 18, 2008, the Authority Board voted to increase its Members’ compensation as detailed in Fact Findings 20-21. None of these increases in compensation were presented to the Township Board of Supervisors for consideration or approval prior to enactment. The Authority Solicitor did not advise the Authority that separate Board of Supervisor approval was required. Former Supervisor DeVries and Supervisor Nashtock, who served as Authority Members, did not believe any additional action of the Supervisors was required. The Authority Members believed that the Township Board of Supervisors would have approved increases. At the January 5, 2005, and January 4, 2006, Authority Board meetings, DeVries participated in the Authority Board votes to increase Authority Board Member compensation. At the January 18, 2008, Authority Board meeting, DeVries made the motion and participated in the Authority Board vote to increase Authority Board Member compensation. Between May 2004 and August 2009, DeVries participated in actions as an Authority Board Member in approving monthly bill lists that included payments to DeVries for attendance at meetings. DeVries voted to approve 54 bill lists during this time. DeVries signed four (4) checks totaling $750.00 issued to him. The Stipulated Findings do not indicate whether those checks included unauthorized meeting pay to DeVries. As detailed in Fact Finding 26, from February 2005 through August 2009, DeVries received as an Authority Board Member a total of $3,950 of compensation not approved by the Township Board of Supervisors. At the October 6, 2009, Authority Board meeting, DeVries participated in a unanimous vote of the Authority Board to suspend further meeting payments to Authority Board Members until informed by this Commission of a resolution to the potential conflict of Members adjusting their own compensation. On May 20, 2009, and August 26, 2009, a review of SFIs was conducted at the Township municipal building. No SFIs were present for DeVries as an Authority Board Member for calendar years 2005 and 2006. On May 6, 2010, DeVries provided to a Commission investigator copies of DeVries’s personal copies of SFIs which he had filed for calendar years 2005 and 2006. DeVries’s 2005 and 2006 calendar year SFIs were dated June 12, 2006, and February 12, 2007, respectively. DeVries, 09-034 Page 13 We note that during a sworn statement with Commission investigators on May 6, 2010, DeVries acknowledged that while serving as a Township Supervisor, he participated in the vote to appoint himself to the Authority Board. Such an action would be beyond the scope of the allegations and the five-year limitations period provided by the Ethics Act. See, 65 Pa.C.S. § 1108(m). 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 an unintentional violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred when DeVries participated in increasing his rate of compensation, as a Board Member, without approval of the South Pymatuning Township Board of Supervisors, the appointing Authority; and his receipt of said compensation. b. That no violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1104(a), occurred in relation to the allegation that DeVries failed to file Statements of Financial Interests for the 2005 and 2006 calendar years with the South Pymatuning Township Municipal Authority, as there is insufficient evidence to establish that the forms in question were not appropriately filed. 4. DeVries agrees to make payment in the amount of $1,300.00 in settlement of this matter payable to the South Pymatuning Township Municipal Authority and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1-2. In considering the Consent Agreement, we accept the recommendation of the parties for a finding that an unintentional violation of Section 1103(a) of the Ethics Act occurred when DeVries participated in increasing his rate of compensation as an Authority Board Member, without approval of the Township Board of Supervisors, and received said compensation. DeVries, 09-034 Page 14 DeVries used the authority of his public office as an Authority Board Member at the January 5, 2005, and January 4, 2006, Authority Board meetings, when he participated in the Authority Board votes to increase Authority Board Member compensation. DeVries used the authority of his public office as an Authority Board Member at the January 18, 2008, Authority Board meeting when he made the motion and participated in the Authority Board vote to increase Authority Board Member compensation. DeVries voted to approve at least some of the monthly bill lists that included unauthorized compensation to him for meeting attendance. The resulting private pecuniary benefit to DeVries consisted of a total of $3,950.00 of unauthorized meeting pay that DeVries received. Intent is not a requisite element for a violation of Section 1103(a) of the Ethics Act. See, e.g., Yocabet v. State Ethics Commission, 531 A.2d 536 (Pa. Cmwlth. 1987). Nevertheless, based upon the Stipulated Findings, it would appear that the aforesaid violation was unintentional. We hold that an unintentional violation of Section 1103(a) of the Ethics Act occurred when DeVries participated in increasing his rate of compensation as an Authority Board Member, without approval of the Township Board of Supervisors (the appointing authority), and received said compensation. Cf., Russell v. State Ethics Commission, 987 A.2d 835 (Pa. Cmwlth. 2009), allocatur denied, No. 22 WAL 2010 (Pa. August 11, 2010). We further hold that no violation of Section 1104(a) of the Ethics Act occurred in relation to the allegation that DeVries failed to file SFIs for the 2005 and 2006 calendar years with the Authority, as there is insufficient evidence to establish that the forms in question were not appropriately filed. As part of the Consent Agreement, Respondent has agreed to make payment in the amount of $1,300.00 payable to the South Pymatuning Township Municipal Authority and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a 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 DeVries is directed to make payment in the amount of $1,300.00 payable to the South Pymatuning Township Municipal Authority and forwarded to this Commission by no later than the th 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 Member of the South Pymatuning Township Municipal Authority (“Authority”), Respondent Burt DeVries (“DeVries”) is 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. DeVries unintentionally violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he participated in increasing his rate of compensation as an DeVries, 09-034 Page 15 Authority Board Member, without approval of the South Pymatuning Township Board of Supervisors (the appointing authority), and received said compensation. 3. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to the allegation that DeVries failed to file Statements of Financial Interests for the 2005 and 2006 calendar years with the Authority, as there is insufficient evidence to establish that the forms in question were not appropriately filed. In Re: Burt DeVries, : File Docket: 09-034 Respondent : Date Decided: 10/19/10 : Date Mailed: 10/26/10 ORDER NO. 1569 1. As a Member of the South Pymatuning Township Municipal Authority (“Authority”), Burt DeVries (“DeVries”) unintentionally violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he participated in increasing his rate of compensation as an Authority Board Member, without approval of the South Pymatuning Township Board of Supervisors (the appointing authority), and received said compensation. 2. No violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in relation to the allegation that DeVries failed to file Statements of Financial Interests for the 2005 and 2006 calendar years with the Authority, as there is insufficient evidence to establish that the forms in question were not appropriately filed. 3. Per the Consent Agreement of the parties, DeVries is directed to make payment in the amount of $1,300.00 payable to the South Pymatuning Township Municipal Authority and forwarded to the Pennsylvania State Ethics Commission by no later th than the thirtieth (30) day after the mailing date of this Order. 4. Compliance with Paragraph 3 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