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HomeMy WebLinkAbout1571 Reisinger In Re: Jonathan Reisinger, : File Docket: 09-026 Respondent : X-ref: Order No. 1571 : 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. Reisinger, 09-026 Page 2 I.ALLEGATIONS: That Jonathan Reisinger, a public official/public employee in his capacity as Zoning Officer and Sewage Enforcement Officer for Dickinson Township, Cumberland County, violated Sections 1103(a), 1104(a), and 1105(b) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 1104(a), and 1105(b), when he used the authority of his public position for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment, for his outside employment/business interests; and when he performed private business interests while on Dickinson Township time; and when he failed to list Dickinson Township as a direct or indirect source of income on his SFIs filed with Dickinson Township for the 2005 and 2006 calendar years; and when in his capacity as the Cooke Township Sewage Enforcement Officer (SEO) he failed to file SFIs with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years; and when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to file SFIs with Hopewell Township for the 2005, 2006, and 2008 calendar years and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; and when, as the Lower Mifflin Township SEO, he failed to file SFIs with Lower Mifflin Township for the 2005 and 2008 calendar years, failed to list all direct or indirect sources of income and office, directorship or employment in any business on his SFI for the 2006 calendar year, and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; and when in his capacity as the North Middleton Township Assistant SEO/SEO he failed to file an SFI with North Middleton Township for the 2007 calendar year. II.FINDINGS: 1. Jonathan Reisinger served as the Dickinson Township Zoning Officer, Sewage Enforcement Officer (“SEO”), and Codes Enforcement Officer from January 2, 2002, until he resigned on October 21, 2008. a. Reisinger was elected to the Dickinson Township Board of Supervisors and began his term of office on January 4, 2010. 2. Dickinson Township is a second class township located in Cumberland County, Pennsylvania. a. Approximately 5,000 people reside in Dickinson Township. b. The Township is a rural area, and there are no highly concentrated areas of population in the Township. c. There are no waste water treatment plants in the Township, and most residents have septic tanks. 3. Reisinger was licensed in August 31, 1998, to perform the duties of a Sewage Enforcement Officer by the Pennsylvania Department of Environmental Protection. a. Reisinger’s certification number is 02925. 4. The job description that was in effect for the SEO position for Dickinson Township at the time of Reisinger’s employment lists the following duties and responsibilities: a. Employee should review and act on all applications for a permit to install a sub-service sewage system. b. Employee shall be responsible for revising or supplementing the official plan Reisinger, 09-026 Page 3 by submitting to DEP subdivision modules for all new land development. c. Employee shall be capable of preparing modules for all minor subdivisions. d. Employee shall conduct all tests used to determine suitability of a site for individual or community sewage system. e. Employee shall be responsible for issuing or denying permits in the jurisdiction [in] which he is employed. f. Employee shall assist [with] applying to DEP for reimbursements annually. 5. In his position as Township SEO, Reisinger was required to work a 40 hour work week. a. Reisinger’s work hours were 7:00 a.m. to 3:30 p.m., including an unpaid half hour lunch period. 1. Reisinger also worked overtime hours as needed. b. Reisinger filled out time sheets indicating the hours that he worked for the Township. c. Reisinger accrued annual leave, personal leave, and sick time as a Township employee. 6. Reisinger’s hourly pay rates were set by the Dickinson Township Supervisors at their annual reorganization meetings as follows: Year Hourly Rate 2004 $17.51 2005 $19.25 2006 $19.96 2007 $20.64 2008 $20.64 7. Reisinger performed sewage enforcement work including preparation for percolation tests and completion of percolation tests for Dickinson Township outside of his normal work hours of 7:00 a.m. to 3:30 p.m. a. Preparation for percolation tests included the digging of holes for each test and then presoaking the holes with water as required by Pennsylvania Department of Environment Protection regulations. b. Reisinger charged Dickinson Township a flat fee for each service he provided to the Township outside of his normal work hours. c. Reisinger’s wages for Township work outside of regular business hours were reported to him at the end of each calendar year on a 1099 form. 8. Reisinger was provided with a stipend of $30.00 per month from Dickinson Township for official use of his personal cellular telephone. a. Reisinger’s cellular telephone service was provided through Nextel via telephone number 717-226-****. b. Reisinger was not required to provide his cell phone bills with itemized calls Reisinger, 09-026 Page 4 to the Township to receive the monthly stipend. c. Also included on monthly reimbursement reports submitted by Reisinger was reimbursement for miles from Reisinger’s use of his personal vehicle for official Dickinson Township business. 1. Beginning in approximately January 2008, Reisinger began utilizing a Dickinson Township provided vehicle for any official Dickinson Township business that required travel. 9. Reisinger maintained a desk in an open office area located in the rear of the Dickinson Township building. a. The open area was shared by Reisinger and Dickinson Township’s Assistant SEO/Zoning Officer, Larry Barrick. 1. Barrick began working for Dickinson Township as Assistant SEO/Zoning Officer in or around March 2006. 10. Dickinson Township employees that were assigned office areas in the Township Building each were assigned a computer for official use. a. Each individual employee’s computer can only be accessed via a password created by that employee. 1. The only employee with access to Reisinger’s assigned computer was Reisinger due to the password protection. b. The Township has a server located in the Township building where documents can be saved for use by all Township employees. 1. Documents can also be saved to each individual computer. c. Reisinger was provided with a Dickinson Township printer located next to his computer. 11. Dickinson Township maintains a Personnel Handbook containing various Township policies and procedures. a. The handbook must be reviewed and signed by each Township employee. 1. Reisinger signed the acknowledgment page of the handbook on September 15, 2004, confirming that he had received and reviewed the handbook. b. The current version of the handbook was enacted on August 2, 2004. 12. A Dickinson Township sick leave policy was included in the Dickinson Township personnel handbook dated August 2, 2004. The Dickinson Township sick leave policy reads as follows: “All full-time employees of the Township are entitled to six (6) sick days per year. Sick leave is earned on a monthly pro-rated basis. An employee may borrow against the anticipated sick leave earned in a calendar year; however, if an employee terminates service with the Township or is terminated by the Township and has used more days than he/she has accrued, the employee shall reimburse the Township for the excess sick Reisinger, 09-026 Page 5 leave used at the hourly rate of pay at the time of termination. Sick leave may be accrued from year to year up to a maximum of thirty (30) days. Retiring employees, or employees leaving the Township in good standing will receive payment for one-half (1/2) of the accrued unused sick leave up to a maximum thirty (30) days at the rate of pay applicable at the time of retirement from service. The Township may require proof of illness for authorized sick leave if there is reason to suspect misuse of sick leave, or if the absence extends for three or more days. A doctor’s return to work order must be submitted after an employee returns from a hospital stay or other serious illness.” a. No doctor’s return to work orders were found in Reisinger’s Dickinson Township personnel file. 13. The Dickinson Township Personnel Handbook contains the following regarding use of Township computers: “All computers, software, data files, and other information related to Township business may be stored on the computers. In order to insure compliance, the Board of Supervisors may monitor or review Township owned equipment, files, databases, and any electronic wire transmissions, such as electronic mail (e-mail) without prior notice. E-mails should not include anything that the sender would not want publicly disclosed, nor contain offensive, insulting, or harassing materials. Furthermore, employees should be aware that data stored on computers can be reconstructed even after being deleted. Only properly licensed computer programs and software may be installed and used on Township computers. Employees shall not make, acquire, or use unauthorized copies of software.” 14. Reisinger was provided with internet access and a Township email address through Comcast that were to only be used for official Dickinson Township use. a. Reisinger’s Dickinson Township provided e-mail address was dtzoning@comcast.net. b. Reisinger maintained a personal e-mail address of *********@mac.com. 15. At the same time Reisinger was serving as Dickinson Township SEO, he was also serving as SEO for other municipalities. a. Reisinger served as SEO or Alternate SEO for the following municipalities for the following time periods: Municipality Dates of Service North Middleton January 7, 2008, to December 31, 2008 Township Cooke Township April 5, 2000, to June 1, 2009 Hopewell Township January 5, 2004, to at least July 6, 2010 Lower Mifflin Township January 2, 2001, to present 16. At or about the time he was hired, the Dickinson Township Board of Supervisors verbally informed Reisinger that he was not to do any outside work, including municipal work, during his Dickinson Township work hours. Reisinger, 09-026 Page 6 17. Reisinger was appointed as North Middleton Township, Cumberland County SEO on January 7, 2008. a. Reisinger was not reappointed in January 2009 by the North Middleton Township Board of Supervisors because of that Board’s dissatisfaction with his performance as SEO. b. The North Middleton Township SEO position was not a full-time position and the SEO was not expected to work regularly scheduled hours. 1. Reisinger did not maintain an office in the North Middleton Township building. c. Reisinger was issued 1099 forms by North Middleton Township. 1. 1099 forms from North Middleton Township detail Reisinger’s receipt of compensation from North Middleton Township as follows: Year Income 2008 $14,430.00 d. Prior to his appointment as North Middleton Township SEO, Reisinger was questioned by the North Middleton Township (NMT) Board regarding his work load and whether it would be a conflict of interest for Reisinger to accept the position. 1. Reisinger informed the NMT Board that he was available to do work on nights and weekends. e. Reisinger provided the NMT Board with the rates he charged for SEO work for North Middleton Township. 1. The NMT Board accepted Reisinger’s rates. 18. Reisinger was appointed Alternate SEO by Cooke Township on April 5, 2000, and served as the SEO from 2001 through May 2009. a. Reisinger was terminated as Cooke Township SEO effective June 1, 2009, following complaints the Township received that Reisinger did not show up for scheduled inspections and was neglectful in returning phone calls. b. Reisinger was not required to work regular hours with the Township. c. Reisinger contracted with the Township and received a 1099 form for tax purposes. 1. Reisinger received the following compensation from Cooke Township: Year Income 2002 $3,770.00 2003 $3,650.00 2004 $4,975.00 2005 $2,055.00 2006 $2,395.00 2007 $2,355.00 Reisinger, 09-026 Page 7 2008 $400.00* 2009 $300.00* * No 1099s were provided for calendar years 2008 and 2009, as Reisinger’s compensation from the Township was less than $600.00 for each year. d. Reisinger provided the Cooke Township Board with his fees for performing SEO work for the Township. 1. The Cooke Township Board agreed to Reisinger’s fees. 19. Reisinger served as the Hopewell Township, Cumberland County SEO and Alternate SEO from January 2004 through 2009. a. Reisinger was not required to work regular hours for Hopewell Township. b. Reisinger contracted with Hopewell Township and received a 1099 form for tax purposes. 1. Reisinger received the following compensation from Hopewell Township: Year Income 2005 $9,475.00 2006 $4,980.00 2007 $6,480.00 2008 none 2009 $ 490.00 c. Reisinger provided rates for performing SEO work for Hopewell Township to the Board of Supervisors who did not object to the rates set by Reisinger. 20. As part of his duties as Hopewell Township SEO, Reisinger was required to submit various sewage related reports to the Township. a. The majority of the time, Reisinger submitted the reports in person at the Township Building. 1. Reisinger would submit the reports in person during the week at approximately 4:00 to 4:30 p.m. b. Reports were also mailed to Hopewell Township or emailed to Hopewell Township’s email address. c. Reisinger submitted reports and invoices to Hopewell Township from his Dickinson Township email account, dtzoning@comcast.net. 21. Reisinger has served as the Lower Mifflin Township, Cumberland County SEO from 2001 to the present. a. Reisinger is not required to work regular hours for Lower Mifflin Township, but he is considered an employee of the Township. 1. Reisinger does not submit timesheets and is not considered an hourly employee. Reisinger, 09-026 Page 8 2. Reisinger receives a W-2 form from Lower Mifflin Township for tax purposes. 3. Reisinger received the following compensation from Lower Mifflin Township: Year Amount 2001 $7,545.00 2002 $4,775.00 2003 $4,120.00 2004 $4,330.00 2005 $3,770.00 2006 $7,630.00 2007 $5,050.00 2008 $9,535.00 2009 $4,875.00 b. Reisinger submitted a flat fee schedule to Lower Mifflin Township (LMT) outlining the fees charged. 1. The LMT Board of Supervisors agreed to fees as set by Reisinger. 22. In addition to serving as SEO for the above outlined municipalities, Reisinger performed sewage enforcement work for private individuals, engineering firms, and other private entities. a. Reisinger performed work for Lobar Associates, Cumberland Geotechnical Consultants, and Martin and Martin, Inc. b. Reisinger performed the work as JR Sole Proprietor. 1. As JR Sole Proprietor, Reisinger also performed lawn care and snow removal services. 23. Dickinson Township officials were aware that Reisinger was the SEO for other municipalities, and Reisinger was given verbal approval by the Board of Supervisors to serve as the SEO for the other municipalities. a. Reisinger was specifically verbally directed by the Board not to do work for the other municipalities on Dickinson Township time. 24. Although directed by the Board not to perform outside work on Dickinson Township time, Reisinger used the facilities of Dickinson Township while on Township time for the benefit of his outside business interests, including SEO duties for other municipalities. 25. Reisinger frequently used his personal cell phone to take calls from individuals and other municipalities during his Dickinson Township work hours. a. Reisinger would walk out of the building to take the phone calls. b. Reisinger took at least two to three personal calls per day, and the calls were approximately 5 to 15 minutes in duration. Reisinger, 09-026 Page 9 26. A facsimile transmittal cover page found on Reisinger’s Dickinson Township computer listed the Dickinson Township fax number, 717-486-8142, as Reisinger’s personal fax number. a. The cover page was used by Reisinger to send faxes related to his employment as Cooke Township SEO. 27. North Middleton Township employees used both Reisinger’s cellular telephone number, 717-226-****, and the Dickinson Township office number, 717-486-7424, to contact Reisinger. a. Reisinger was contacted at the Dickinson Township office because he could be easily reached at that location when necessary. b. Calls were made to Reisinger by North Middleton Township employees during the normal North Middleton Township business hours of 8:00 a.m. and 5:00 p.m. 1. The calls were generally 5 to 10 minutes in duration. c. Reisinger was present in the North Middleton Township Office approximately six to seven times during North Middleton Township’s normal business hours in 2008. 28. North Middleton Township employees utilized Reisinger’s Dickinson Township email address, dtzoning@comcast.net, as a point of contact regarding sewage enforcement work in North Middleton Township. a. The only email address on file with the North Middleton Township Manager, Deborah Ealer, as a point of contact for Reisinger was his Dickinson Township e-mail address, dtzoning@comcast.net. b. No other e-mail addresses were found to be on file with North Middleton Township as a means of contacting Reisinger. 29. Cooke Township officials/employees contacted Reisinger via his cellular telephone number 717-226-****. a. Calls were made to Reisinger by the Cooke Township Secretary/Treasurer, Carol Jones, during the daylight hours which corresponded with Reisinger’s hours at Dickinson Township. b. Reisinger specifically directed the Cooke Township Secretary/Treasurer not to call him at the Dickinson Township phone number. 30. Cooke Township maintained contact information of all Cooke Township officials and employees, including Reisinger. a. Reisinger’s Dickinson Township email address, dtzoning@comcast.net, was listed as his primary point of contact. b. Reisinger’s cellular telephone number, 717-226-****, was also shown as a primary point of contact on the list. 31. Hopewell Township employees, including Hopewell Township Secretary Kimberly Myers, would contact Reisinger via his cellular telephone number 717-226-****. Reisinger, 09-026 Page 10 a. Phone calls between Reisinger and Myers occurred during her normal Hopewell Township working hours of 8:30 a.m. to 3:30 p.m., Monday through Thursday. 1. These hours correspond with Reisinger’s work hours with Dickinson Township. b. In the event of an emergency Myers would leave a voicemail message on Reisinger’s cellular phone, and then call the Dickinson Township Office. 32. Hopewell Township employees contacted Reisinger via his Dickinson Township email address, dtzoning@comcast.net, and his personal e-mail address regarding Sewage Enforcement work in Hopewell Township. a. Hopewell Township Secretary Kimberly Myers would email correspondence to Reisinger via both Reisinger’s Dickinson Township account and his personal account, *********@mac.com. 33. Calls from Lower Mifflin Township employees regarding SEO work in the Township were placed primarily to Reisinger’s cellular telephone number 717-226-****. a. On a few occasions Lower Mifflin Township Secretary/Treasurer Shelby Winter contacted Reisinger at the Dickinson Township number, 717-486- 7424. b. Winter would have been provided the Dickinson Township number by Reisinger as a point of contact. 34. Contact with Reisinger by Lower Mifflin Township employees also occurred via email. a. Reisinger initially provided Lower Mifflin Township with his Dickinson Township email address, dtzoning@comcast.net as the primary email contact. b. At some point in 2008, Reisinger advised Winter to begin using his personal email address, *********@mac.com as the primary email contact. 35. In May, June and October 2008 Reisinger’s use of Dickinson Township facilit[ies] for his outside business interests resulted in disciplinary action against Reisinger. 36. Between 2005 and 2008 Reisinger was compensated by Dickinson Township on dates when he was also billing other municipalities for services. 37. Reisinger completed sewage enforcement work for other municipalities during the same time frame as his (Reisinger’s) Dickinson Township work hours as shown below: Hours Worked Work Times Sewage for for Enforcement Township for which Dickinson Dickinson Date Task task was completed Township Township Sunrise Sunset 8 HR Consultation 8/3/2005 DEP Hopewell Township 9.5 700 to 1700 608 2022 Reisinger, 09-026 Page 11 4/26/2006 Probes Lower Mifflin 12 700 to 1930 615 1959 4/26/2006 Probes Lower Mifflin 12 4/26/2006 Probes Lower Mifflin 12 8/24/2006 Dig/Prep Holes Lower Mifflin 13.5 700 to 2100 629 1953 Site Inv. Issue 9/15/2008 Permit North Middleton 12 700 to 1930 650 1917 a. Reisinger’s Dickinson Township time sheets were compared with invoices that Reisinger submitted to other municipalities where he served as Sewage Enforcement Officer. These dates and times were then compared to sunrise and sunset charts obtained from the United States Naval Observatory for Carlisle, PA. b. All of the above outlined Sewage Enforcement tasks, excluding the 8 HR DEP Consultation on August 3, 2005, would have to be complete[ly] performed during daylight hours when Reisinger was reported as working for Dickinson Township. 38. Reisinger received payments of at least $625.00 for performing sewage enforcement work for other municipalities during his Dickinson Township work hours as shown below: Sewage Enforcement Township for which Date Task task was completed Fee Charged 8/3/2005 8 HR Consultation DEP Hopewell $ 240.00 4/26/2006 Probes Lower Mifflin $ 80.00 4/26/2006 Probes Lower Mifflin $ 80.00 4/26/2006 Probes Lower Mifflin $ 80.00 8/24/2006 Dig/Prep Holes Lower Mifflin $ 45.00 9/15/2008 Site Inv. Issue Permit North Middleton $ 100.00 Total $ 625.00 a. The amounts listed in the column “Fee Charged” above are the amounts that Reisinger billed each municipality listed under “Township” for the work that was shown to have been performed during his Dickinson Township work hours. 39. Reisinger also used sick time from his Dickinson Township position in order to perform services and be compensated by other municipalities where he also served as SEO. a. Reisinger was compensated by Dickinson Township when claiming sick leave. 40. From March 14, 2006, until September 10, 2008, Reisinger claimed 58 hours of sick leave to cover his absence from his position with Dickinson Township to perform Sewage Enforcement tasks for other municipalities as outlined below: Type of Dickinson Township for Township Fee which task was Leave Charged to Date Sewage Enforcement Task completed Utilized Township 3/14/2006 Dig/Prep Holes Lower Mifflin Sick Leave $50.00 Reisinger, 09-026 Page 12 3/14/2006 Dig/Prep Holes Lower Mifflin Sick Leave $50.00 3/15/2006 Perc Test Lower Mifflin Sick Leave $175.00 3/15/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 FI lot 12 Scenic View Lower Mifflin Sick Leave $50.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 6/8/2006 Perc Test Lower Mifflin Sick Leave $175.00 10/9/2006 Perc Test Lower Mifflin Sick Leave $175.00 1/5/2007 Final Inspection Lower Mifflin Sick Leave $50.00 5/15/2008 Issue Permit North Middleton Sick Leave $50.00 6/3/2008 Issue permit Lower Mifflin Sick Leave $50.00 9/10/2008 Perc Test/Holes/Permit Lower Mifflin Sick Leave $270.00 9/10/2008 Perc Test/Holes/Permit Lower Mifflin Sick Leave $270.00 41. Dickinson Township absence reports showing dates of sick leave utilized and reasons for the utilization of sick leave were submitted by Reisinger to the Township. a. Reisinger’s absence reports contained the following: Reason For Date Absence Explanation 3/14/2006 Illness - Self See Me 3/15/2006 Illness - Self See Me 6/8/2006 N/A N/A 10/9/2006 N/A N/A a. No written explanation accompanied absence reports giving the explanation for “See me.” b. Reisinger did not submit absence reports for June 8, 2006, October 9, 2006, and May 15, 2008. c. Reisinger’s use of sick leave on January 1, 2007, May 15, 2008, June 3, 2008, and September 10, 2008, could be considered to be acceptable uses of the Township’s sick leave policy. 42. Reisinger realized a financial gain of at least $1,175.00 by utilizing sick leave to cover his absence from his position at Dickinson Township to perform tasks for other municipalities where he was employed as Sewage Enforcement Officer. 43. The hard drive from the computer that was assigned to Reisinger by Dickinson Township was a Western Digital, model WD2500YS, serial number WCANY2563713. 44. A forensic analysis of Reisinger’s Dickinson Township computer determined 205 e-mails were sent or received by Reisinger’s Dickinson Township email account, dtzoning@comcast.net, from August 9, 2004, until September 25, 2008, that were related to Reisinger’s outside employment. Reisinger, 09-026 Page 13 a. Of the 205 e-mails, 108 were sent by Reisinger and 97 were received by Reisinger. b. Reisinger sent 25 e-mails to his personal account, *********@mac.com, from the Dickinson Township account that were related to work with other municipalities. c. Reisinger sent 19 e-mails to the Dickinson Township account from his personal account that were related to work with other municipalities. d. Many of the e-mails contained attached files including invoices and sewage enforcement related reports. 45. Reisinger’s Dickinson Township computer hard drive also contained 107 files related to Reisinger’s work for other municipalities that were created between August 25, 2004, and September 4, 2008. 46. Reisinger utilized at least 1,012 minutes of Dickinson Township time to create, print, and e-mail files related to work for other municipalities from August 25, 2004, to September 4, 2008. 47. Reisinger realized a private pecuniary gain of at least $327.31 when he created, modified, and printed documents related to work for other municipalities while being paid by Dickinson Township as outlined in the following chart: Time Date (min) Hourly Rate Financial Gain 8/26/2004 17 $ 17.51 $ 4.96 8/27/2004 1 $ 17.51 $ 0.29 11/5/2004 3 $ 17.51 $ 0.88 12/23/2004 19 $ 17.51 $ 5.54 2/22/2005 41 $ 19.25 $ 13.15 5/5/2005 42 $ 19.25 $ 13.48 5/12/2005 44 $ 19.25 $ 14.12 8/1/2005 32 $ 19.25 $ 10.27 8/18/2005 86 $ 19.25 $ 27.59 11/11/2005 8 $ 19.25 $ 2.57 11/30/2005 32 $ 19.25 $ 10.27 1/24/2006 22 $ 19.96 $ 7.32 1/26/2006 2 $ 19.96 $ 0.67 4/3/2006 44 $ 19.96 $ 14.64 8/3/2006 29 $ 19.96 $ 9.65 8/28/2006 9 $ 19.96 $ 2.99 9/6/2006 25 $ 19.96 $ 8.32 12/19/2006 37 $ 19.96 $ 12.31 12/20/2006 22 $ 19.96 $ 7.32 2/5/2007 17 $ 20.64 $ 5.85 2/8/2007 1 $ 20.64 $ 0.34 4/2/2007 6 $ 20.64 $ 2.06 5/14/2007 64 $ 20.64 $ 22.02 5/17/2007 31 $ 20.64 $ 10.66 5/31/2007 239 $ 20.64 $ 82.22 Reisinger, 09-026 Page 14 10/1/2007 2 $ 20.64 $ 0.69 10/29/2007 1 $ 20.64 $ 0.34 1/9/2008 42 $ 20.64 $ 14.45 8/16/2008 63 $ 20.64 $ 21.67 9/4/2008 2 $ 20.64 $ 0.69 Total $ 327.31* * [sic]. [There is a two-cent discrepancy in the calculation, to the advantage of Respondent. Respondent receives the benefit of the indicated amount. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Cmwlth. 2002).] 48. From September 12, 2007, to December 15, 2007, Reisinger utilized his Dickinson Township computer for non-governmental related matters during Dickinson Township work hours for at least 1,616 minutes. 49. Reisinger realized a private pecuniary gain of at least $555.90 when he utilized his Dickinson Township computer for non-governmental related matters during Dickinson Township work hours as shown below: Total Time Date (min) Hourly Rate Financial Gain 9/12/2007 380 $ 20.64 $ 130.72 9/17/2007 94 $ 20.64 $ 32.34 9/21/2007 344 $ 20.64 $ 118.34 9/26/2007 50 $ 20.64 $ 17.20 9/28/2007 29 $ 20.64 $ 9.98 10/1/2007 287 $ 20.64 $ 98.73 10/9/2007 8 $ 20.64 $ 2.75 10/11/2007 2 $ 20.64 $ 0.69 10/16/2007 1 $ 20.64 $ 0.34 10/17/2007 419 $ 20.64 $ 144.14 10/24/2007 1 $ 20.64 $ 0.34 11/14/2007 1 $ 20.64 $ 0.34 Total $ 555.90* * [sic]. [There is a one-cent discrepancy in the calculation, to the advantage of Respondent. Respondent receives the benefit of the indicated amount. Bartholomew v. State Ethics Commission, 795 A.2d 1073 (Pa. Cmwlth. 2002).] 50. Reisinger’s use of Dickinson Township time to transact his outside business was brought to his attention by the Dickinson Township Manager, Ronald Reeder, on several occasions in 2008. 51. During an April 23, 2008, meeting with Reeder regarding personnel issues, including Reisinger’s outside business interests conflicting with Dickinson Township work, Reisinger stormed out of Reeder’s office during the review and refused to return. a. Reisinger subsequently received a day suspension on May 22, 2008, without compensation due to insubordination. 52. Reisinger was advised in June 2008 by memo from Dickinson Township Manager Ronald Reeder that any outside employment must not conflict with his duties as Reisinger, 09-026 Page 15 SEO for the Township and that use of Township facilities for outside employment was not permitted. a. On June 10, 2008, a Memorandum from Ronald L. Reeder, Township Manager, addressed to Jonathan Reisinger and Larry Barrick with the Subject: SEO Employment and Necessary Insurance provided as follows: “There are two issues that need to be discussed in this memorandum. The first issue concerns your work as SEOs for Dickinson Township. All efforts should be made to conduct all SEO associated work for Dickinson Township during the typical work day. This was apparently the objective of the appointment of Larry Barrick as Assistant Zoning Officer/SEO. If this is not possible and you will be performing these SEO functions after hours and receiving additional compensation as sub-contractors Dickinson Township will need a current insurance binder showing Dickinson Township as an additional insured from your insurance company. Please provide this insurance binder no later than June 13, 2008. The second issue involves outside employment. Although Dickinson Township does not have any policy restricting outside employment it is expected that this outside employment will not interfere with Township duties or be conducted during Township hours. However, on no less than two occasions there have been contacts from ‘clients’ attempting to make arrangements for your SEO services in neighboring municipalities. The use of Dickinson Township phone service and cell phone service during the work day to make outside employment arrangements is not permitted. Please make arrangements with persons needing your SEO service to contact you either before or after work. Should you have any questions please contact me.” 53. Reisinger was warned again in October 2008 by Reeder regarding Reisinger’s conducting outside business interests while on Township time. a. Reisinger continued to perform duties not related to Dickinson Township after the April 2008 meeting and his receipt of Reeder’s June 10, 2008, memorandum. 54. An October 10, 2008, memo from Township Manager Ronald Reeder to Reisinger, with a subject of “Personnel issues/Zoning Officer/SEO responsibilities,” provided in part as follows: “The final issue and one that cannot and will not be tolerated is the conducting of your personal/outside work activities on Township time and the use of Township equipment for personal/outside work activities as evidenced by the document recovered from the Township copier on the afternoon of October 8, 2008.” a. Attached to the memo is a handwritten note dated October 10, 2008, that reads that Reisinger was being placed on administrative leave with pay until Reeder decided on the course of action he needed to take. 55. Reisinger sent a letter to Reeder dated October 14, 2008, confirming receipt of the October 10, 2008, memo from Reeder, but disagreeing with portions of Reeder’s assertions. a. In the letter, Reisinger states, “I did use the fax machine to fax a perc test. I Reisinger, 09-026 Page 16 did not use Township time to create the document. I simply faxed the page.” 56. A letter from Reeder to Reisinger dated October 20, 2008, gave Reisinger the option of resigning in lieu of termination. a. In the letter, Reeder stated as follows: “During my eight plus months as manager I have had multiple occasions to counsel you on your performance and, on at least one occasion, to discipline you with loss of pay. I have four basic problems with your performance. First, it is clear to me that a substantial portion of your time, when you are supposed to be functioning as a Township employee, I see you engaging in other business pursuits. This was demonstrated most recently on October 8, 2008, and other occasions. You know this to have been a concern of mine and, rather than simply stopping the practice, you have taken steps to try to hide these occurrences from me.” 1. The discipline resulting in a day without pay refer[enced] in the above letter refers to the day without pay Reisinger received on May 22, 2008, for insubordination. 57. On October 21, 2008, Reisinger tendered his resignation as Dickinson Township SEO, Code Enforcement Officer, and Zoning Officer. a. A settlement agreement between Reisinger and Dickinson Township was signed by Reisinger and Dickinson Township Manager Ron Reeder on October 21, 2008. b. Reisinger was to be paid the gross total amount of $13,539.84 payable in equal payments through December 26, 2008. c. The Township also was to provide Reisinger with health insurance at the family level through December 2008. d. The Township further agreed not to contest Reisinger’s anticipated claim for unemployment compensation. 58. Dickinson Township Board of Supervisors meeting minutes from October 27, 2008, confirm that Reisinger’s resignation from his position as Township Zoning Officer/Codes Enforcement Officer and Sewage Enforcement Officer was accepted. The minutes from the meeting contain the following: “Chairman Jones asked Solicitor Sharp if he had read and approved of the resignation. He replied, “He had and he approved”. Chairman Jones made a motion to accept Jonathan E.W. Reisinger’s resignation and his removal as Zoning Officer, Codes Enforcement Officer and Sewage Enforcement Officer for Dickinson Township. Vice-Chairman Wyrick seconded the motion. A motion passed with a unanimous vote.” a. The settlement agreement between Reisinger and Dickinson Township was also approved at the meeting. Meeting minutes relating to the settlement agreement read as follows: “Approval of the settlement agreement, waiver and general release of claims dated October 21, 2008. Chairman Jones made a motion to accept the agreement. Vice-Chairman Wyrick seconded the motion. The motion passed with a unanimous vote.” Reisinger, 09-026 Page 17 59. Reisinger realized a pecuniary benefit of at least $2,683.21 when he used the authority of his public position for private pecuniary gain as follows: a. Performing sewage enforcement work for other municipalities during his Dickinson Township work hours. b. Utilizing sick leave to cover his absence from his position at Dickinson Township to perform tasks for other municipalities that he was employed by as Sewage Enforcement Officer. c. Creating, modifying, and printing documents related to work for other municipalities during his Dickinson Township work hours. d. Utilizing his Dickinson Township computer for non-governmental related matters during his Dickinson Township work hours. e. The following chart depicts Reisinger’s pecuniary benefit: Financial Event Type Gain Sewage enforcement work during Dickinson Township hours $ 625.00 Sick leave use to perform tasks for other municipalities $ $1,175.00 Creating, modifying, and printing documents for other municipalities during Dickinson Township hours $ 327.31 Utilizing his Dickinson Township computer for non-governmental related matters during his Dickinson Township work hours. $ 555.90 Total $ 2,683.21 THE FOLLOWING FINDINGS RELATE TO ALLEGATIONS THAT REISINGER FAILED TO LIST DICKINSON TOWNSHIP AS A DIRECT OR INDIRECT SOURCE OF INCOME ON HIS SFIS FILED WITH DICKINSON TOWNSHIP FOR THE 2005 AND 2006 CALENDAR YEARS. 60. As Dickinson Township Zoning Officer, Codes Enforcement Officer, and Sewage Enforcement Officer, Reisinger was annually required to file a Statement of Financial Interests form by the May 1 deadline, containing information for the prior calendar year. 61. A Statement of Financial Interests Compliance Review was conducted at the Dickinson Township Office on July 22, 2009. Statements of Financial Interests forms on file included the following filings by Reisinger: a. Calendar Year 2004 Filed 3/28/05 on SEC form 01/05 Position: Sewage Enforcement Officer Creditors: None Direct/Indirect Sources of Income: Townships listed above: Dickinson Township, Cooke Township, West Pennsboro Township, Lower Mifflin Township, Hopewell Township and Reisinger Lawn Service Office, Directorship, or employment in any business: Reisinger Lawn Service, owner Financial Interests in any legal entity and business for profit: Reisinger Lawn Service Reisinger, 09-026 Page 18 All other Financial Interests: None b. Calendar year 2005 Filed 2/28/06 on SEC form 01/06 Position: SEO/BCO, Zoning Officer st Creditors: Members 1 Direct/Indirect Sources of Income: Lower Mifflin Township, Cooke Township, Hopewell Township Office, Directorship, or employment in any business: Jonathan Reisinger sole prop., owner Financial Interests in any legal entity and business for profit: Same as above All other Financial Interests: None c. Calendar year 2006 Filed 1/4/07 on SEC form 01/07 Position: SEC-BCO, Zoning Officer Creditors: None Direct/Indirect Sources of Income: Hopewell Township, Lower Mifflin Township, Cooke Township, and Jonathan Reisinger sole prop. Office, Directorship, or Employment in any business: Jonathan Reisinger sole prop., owner Financial Interests in any legal entity in business for profit: Same as above All other Financial Interests: None d. Calendar year 2007 Filed 2/1/08 on SEC form 01/08 Position: SEO, BCO, Zoning Officer Creditors: None Direct/Indirect Sources of Income: JR Sole Proprietor, Lower Mifflin Township, Cooke Township, Hopewell Township Office, Directorship or employment in any business: Jonathan Reisinger Sole prop., owner Financial Interest in any legal entity in business for profit: Same as above All other Financial Interests: None e. Calendar year 2008 Filed 3/5/09 on SEC form 01/09 Position: Supervisor, Zoning Officer Creditors: None Direct/Indirect Sources of Income: Dickinson Township, Cooke Township, Lower Mifflin Township, North Middleton Township and Hopewell Township Office, Directorship or employment in any business: Dickinson, Cooke, Hopewell, North Middleton, Lower Mifflin Townships; Sewage Enforcement Officer All other Financial Interests: None 62. Reisinger failed to list Dickinson Township as a source of direct/indirect income in excess of $1,300.00 on his 2005 and 2006 Statements of Financial Interests on file with Dickinson Township. a. W-2s from Dickinson Township confirm that Reisinger was compensated in excess of $1,300.00 by Dickinson Township as shown below: Year Income Reisinger, 09-026 Page 19 2005 $42,625.22 2006 $47,385.04 b. 1099 forms from Dickinson Township show that Reisinger was paid additional $5,510.00 from Dickinson Township for calendar year 2006. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT REISINGER FAILED TO FILE SFIS WITH COOKE TOWNSHIP FOR THE 2005, 2006, 2007, AND 2008 CALENDAR YEARS. 63. Reisinger served as the Cooke Township Sewage Enforcement Officer from January 2, 2001, until June 1, 2009. a. As Cooke Township Sewage Enforcement Officer, Reisinger was annually required to file a Statement of Financial Interests form by the yearly May 1 deadline, containing information for the prior calendar year. b. Reisinger was annually provided by the Township Statement of Financial Interests forms to complete. 64. A review of Statement of Financial Interests on file with Cooke Township for Reisinger confirmed that there were no Statement of Financial Interests forms on file with Cooke Township by Reisinger. 65. Reisinger did not timely file Statement of Financial Interests forms with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years when he was required to do so as Cooke Township Sewage Enforcement Officer. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT REISINGER FAILED TO FILE SFIS WITH HOPEWELL TOWNSHIP FOR THE 2005, 2006, AND 2008 CALENDAR YEARS AND WHEN HE FAILED TO LIST ALL DIRECT OR INDIRECT SOURCES OF INCOME ON HIS SFI FOR THE 2007 CALENDAR YEAR. 66. Reisinger served as the Hopewell Township Sewage Enforcement Officer from August 23, 2004, until January 5, 2009. a. Reisinger served as the Hopewell Township Alternate Sewage Enforcement Officer from January 5, 2004, to August 23, 2004, and from January 5, 2009, to at least December 31, 2009. b. As Hopewell Township Sewage Enforcement Officer/Alternate Sewage Enforcement Officer, Reisinger was annually required to file a Statement of Financial Interests form by the yearly May 1 deadline, containing information for the prior calendar year. 67. Statement of Financial Interests forms filed with Hopewell Township by Reisinger were included the following filings: a. Calendar Year: 2007 Filed: 2/1/08 on SEC form 01/08 Position: SEO and Zoning Officer Creditors: None Direct/Indirect income: Lower Mifflin Township, Cooke Township, Hopewell Township, and JR Sole Proprietor Office, Directorship or employment in any business: Jonathan Reisinger Sole Proprietor, Owner Financial Interest in any legal entity in business for profit: Jonathan Reisinger, 09-026 Page 20 Reisinger Sole Proprietor, Owner All other financial interests: None 1. Reisinger failed to list Dickinson Township as a source of direct or indirect income on the above outlined 2007 calendar year form. 2. Reisinger earned in excess of $1,300.00 in direct/indirect income from Dickinson Township in calendar year 2007. 68. Reisinger did not timely file Statement of Financial Interests forms with Hopewell Township for the 2005, 2006, and 2008 calendar years in his capacity as Hopewell Township Sewage Enforcement Officer/Alternate Sewage Enforcement Officer. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT REISINGER FAILED TO FILE SFIS WITH LOWER MIFFLIN TOWNSHIP FOR THE 2005 AND 2008 CALENDAR YEARS AND WHEN HE FAILED TO LIST ALL DIRECT OR INDIRECT SOURCES OF INCOME AND OFFICE, DIRECTORSHIP, OR EMPLOYMENT IN ANY BUSINESS ON HIS SFI FOR THE 2006 CALENDAR YEAR AND WHEN HE FAILED TO LIST ALL DIRECT OR INDIRECT SOURCES OF INCOME ON HIS SFI FOR THE 2007 CALENDAR YEAR. 69. Reisinger served as the Lower Mifflin Township Sewage Enforcement Officer from January 2, 2001, until at least July 6, 2010. a. As Lower Mifflin Township Sewage Enforcement Officer, Reisinger was annually required to file a Statement of Financial Interests form by the yearly May 1 deadline, containing information for the prior calendar year. 70. Statement of Financial Interests forms filed with Lower Mifflin Township by Reisinger included the following filings: a. Calendar Year: 2000 Filed: 3/21/01 on SEC form 1/01 Position: Sewage Enforcement Officer Creditors: Capital One, 7.9% Direct/Indirect Sources of Income: Dickinson Township and Cooke Township Office, Directorship or employment in any business: None Financial Interests in any legal entity in business for profit: None All other financial interests: None b. Calendar Year: 2002 Filed: 2/7/02 on SEC form 01/02 Position: Sewage Enforcement Officer Creditors: None Direct/Indirect Sources of Income: Dickinson Township and Cooke Township Office, Directors[hip] or employment in any business: Lawn landscape business, owner Financial Interest in any legal entity in business for profit: None All other financial interests: None c. Calendar Year: 2006 Filed: 4/28/06 on SEC form 01/07 Position: Sewage Enforcement Officer Creditors: None Direct/Indirect income: Dickinson Township, Cooke Township, Hopewell Township Office/Directorship or employment in any business: None Reisinger, 09-026 Page 21 Financial Interests in any legal entity in business for profit: Jonathan Reisinger, Sole Proprietor, 100% All other financial interests: None d. Calendar Year: 2007 Filed: 2/1/08 on SEC form 01/08 Position: SEO, BCO, Zoning Officer Creditors: None Direct/Indirect Income: Attached and JR Sole Proprietor Office, Directorship or employment in any business: Jonathan Reisinger, Sole Proprietor, owner Financial Interest in any legal entity in business for profit: Jonathan Reisinger, Sole Proprietor, owner All other financial interest: None e. No other Statement of Financial Interests forms are on file with the Lower Mifflin Township Office for Reisinger. 71. Reisinger did not timely file Statement of Financial Interests forms with Lower Mifflin Township for the 2005 and 2008 calendar years in his capacity as Lower Mifflin Township Sewage Enforcement Officer. 72. Reisinger did not list all direct or indirect sources of income and office, directorship, or employment in any business on his Statement of Financial Interests form for the 2006 calendar year. a. Reisinger failed to list Lower Mifflin Township as a source of direct/indirect income. 1. Reisinger earned in excess of $1,300.00 in direct/indirect income from Lower Mifflin Township in calendar year 2006. b. Reisinger did not list Jonathan Reisinger, Sole Proprietor as an office directorship or employment in any business on the 2006 calendar year form. 1. Reisinger listed that he held a financial interest in the business for profit, Jonathan Reisinger, Sole Proprietor on the form. 73. Reisinger did not list all direct or indirect sources of income on his Statement of Financial Interests form for the 2007 calendar year. a. Reisinger did not list Dickinson Township as a source of direct/indirect income on the form. 1. Reisinger earned in excess of $1,300.00 in direct/indirect income from Dickinson Township in calendar year 2007. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATIONS THAT REISINGER FAILED TO FILE AN SFI WITH NORTH MIDDLETON TOWNSHIP FOR THE 2007 CALENDAR YEAR IN HIS CAPACITY AS THE NORTH MIDDLETON TOWNSHIP SEO . 74. Reisinger served as the North Middleton Township Sewage Enforcement Officer from January 7, 2008, until December 31, 2008. a. As North Middleton Township Sewage Enforcement Officer, Reisinger was annually required to file a Statement of Financial Interests form by the yearly May 1 deadline, containing information for the prior calendar year. Reisinger, 09-026 Page 22 75. Statement of Financial Interests forms filed with North Middleton Township by Reisinger included the following filings: a. Calendar Year: 2008 Filed: 3/5/09 on SEC form 1/09 Position: Dickinson Township Supervisor, seeking and Dickinson Township Zoning Officer, held Creditors: None Direct/Indirect sources of Income: Dickinson Township, Cooke Township, Lower Mifflin, North Middleton, Hopewell Township Office, Directorship or employment in any business: Dickinson Township, Cooke Township, Hopewell Township, North Middleton Township, Lower Mifflin Township, Sewage Enforcement Officer All other financial interests: None 76. Reisinger did not timely file Statement of Financial Interests forms with North Middleton Township for the 2007 calendar year by May 1, 2008, when he was required to do so as North Middleton Township Sewage Enforcement Officer. 77. On July 20, 2010, Reisinger filed accurate and complete amended Statements of Financial Interests for the 2005, 2006, 2007, and 2008 calendar years with the State Ethics Commission. III.DISCUSSION: As the Dickinson Township Zoning Officer, Sewage Enforcement Officer (“SEO”) and Codes Enforcement Officer from January 2, 2002, until October 21, 2008, and as the SEO/Alternate SEO for Cooke Township (April 5, 2000, to June 1, 2009), Lower Mifflin Township (January 2, 2001, to present), Hopewell Township (January 5, 2004, to at least July 6, 2010), and North Middleton Township (January 7, 2008, to December 31, 2008), Respondent Jonathan Reisinger, hereinafter also referred to as “Respondent,” “Respondent Reisinger,” and “Reisinger,” was a public official/public employee subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. The allegations are that Reisinger violated Sections 1103(a), 1104(a), and 1105(b) of the Ethics Act: (1) when he used the authority of his public position for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment, for his outside employment/business interests; (2) when he performed private business interests while on Dickinson Township time; (3) when he failed to list Dickinson Township as a direct or indirect source of income on his SFIs filed with Dickinson Township for the 2005 and 2006 calendar years; (4) when in his capacity as the Cooke Township SEO he failed to file SFIs with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years; (5) when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to file SFIs with Hopewell Township for the 2005, 2006, and 2008 calendar years and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; (6) when, as the Lower Mifflin Township SEO, he failed to file SFIs with Lower Mifflin Township for the 2005 and 2008 calendar years, failed to list all direct or indirect sources of income and office, directorship or employment in any business on his SFI for the 2006 calendar year, and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; and (7) when in his capacity as the North Middleton Township Assistant SEO/SEO he failed to file an SFI with North Middleton Township for the 2007 calendar year. 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: Reisinger, 09-026 Page 23 § 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. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the Statement of Financial Interests form must provide. 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. Respondent Reisinger served as the Dickinson Township Zoning Officer, SEO, and Codes Enforcement Officer from January 2, 2002, until he resigned on October 21, 2008. As the Dickinson Township SEO, Reisinger was required to work a 40 hour work week. Reisinger’s work hours were 7:00 a.m. to 3:30 p.m. and included an unpaid half hour lunch period. Reisinger also worked overtime hours as needed. Reisinger accrued annual leave, personal leave, and sick leave as a Dickinson Township employee. Reisinger, 09-026 Page 24 At the same time Reisinger was serving as Dickinson Township SEO, he was also serving as SEO or Alternate SEO for the following municipalities during the indicated time periods: (1) Cooke Township, from April 5, 2000, to June 1, 2009; (2) Lower Mifflin Township, from January 2, 2001, to present; (3) Hopewell Township, from January 5, 2004, to at least July 6, 2010; and (4) North Middleton Township, from January 7, 2008, to December 31, 2008. At or about the time Reisinger was hired by Dickinson Township, the Dickinson Township Board of Supervisors verbally informed Reisinger that he was not to do any outside work, including municipal work, during his Dickinson Township work hours. Although specifically directed by the Dickinson Township Board of Supervisors not to perform outside work on Dickinson Township time, Reisinger used the facilities of Dickinson Township while on Township time for the benefit of his outside business interests, including his SEO work for other municipalities. Between 2005 and 2008 Reisinger received payments of at least $625.00 for performing sewage enforcement work for other municipalities during his Dickinson Township work hours, as detailed at Fact Findings 37-38. From March 14, 2006, until September 10, 2008, Reisinger claimed 58 hours of sick leave from Dickinson Township to cover his absence to perform sewage enforcement tasks for other municipalities, as detailed in Fact Findings 39-40. The parties have stipulated that Reisinger realized a financial gain of at least $1,175.00 by utilizing sick leave to cover his absence from his position at Dickinson Township to perform tasks for other municipalities where he was employed as SEO. Reisinger frequently used his personal cell phone to take calls from individuals and other municipalities during his Dickinson Township work hours. Some of the municipalities for which Reisinger served as SEO not only contacted Reisinger on his cell phone during Dickinson Township work hours but also contacted Reisinger at the Dickinson Township office number. As a Dickinson Township employee, Reisinger was provided a Dickinson Township computer, internet access, and e-mail address for official use only. Reisinger used his Dickinson Township e-mail address as a point of contact for the other municipalities for which he served as SEO/Alternate SEO. A forensic analysis of Reisinger’s Dickinson Township computer determined that from August 9, 2004, until September 25, 2008, 205 e-mails were sent or received by Reisinger’s Dickinson Township e-mail account that were related to Reisinger’s outside employment. Many of the e-mails contained attached files including invoices and sewage enforcement related reports. A facsimile transmittal cover page found on Reisinger’s Dickinson Township computer listed the Dickinson Township fax number as Reisinger’s personal fax number. The cover page was used by Reisinger to send faxes related to his employment as Cooke Township SEO. Reisinger admitted using the Dickinson Township fax machine on one occasion to fax a document that was unrelated to Dickinson Township (see, Fact Findings 54-55a). Reisinger’s Dickinson Township computer hard drive also contained 107 files created between August 25, 2004, and September 4, 2008, which were related to Reisinger’s work for other municipalities. From August 25, 2004, to September 4, 2008, Reisinger utilized at least 1,012 minutes of Dickinson Township time to create, print, and e-mail files related to work for Reisinger, 09-026 Page 25 other municipalities. The parties have stipulated that Reisinger realized a private pecuniary gain of at least $327.31 when he created, modified, and printed documents related to work for other municipalities while being paid by Dickinson Township, as outlined in Fact Finding 47. From September 12, 2007, to December 15, 2007, Reisinger utilized his Dickinson Township computer for non-governmental related matters during Dickinson Township work hours for at least 1,616 minutes. The parties have stipulated that Reisinger realized a private pecuniary gain of at least $555.90 when he utilized his Dickinson Township computer for non-governmental related matters during Dickinson Township work hours, as detailed in Fact Finding 49. Reisinger’s use of Dickinson Township time and resources for his outside business interests resulted in disciplinary action against him and, ultimately, his resignation in lieu of termination on October 21, 2008. The parties have stipulated that Reisinger realized a pecuniary benefit of at least $2,683.21 when he used the authority of his public position for private pecuniary gain, calculated as the sum of the following: (1) $625.00 for performing sewage enforcement work for other municipalities during his Dickinson Township work hours; (2) $1,175.00 for utilizing sick leave to cover his absence from his position at Dickinson Township to perform SEO tasks for other municipalities; (3) $327.31 for creating, modifying, and printing documents related to work for other municipalities during his Dickinson Township work hours; and (4) $555.90 for utilizing his Dickinson Township computer for non-governmental related matters during his Dickinson Township work hours (Fact Findings 59-59e). We shall now review the material facts relating to the allegations regarding Reisinger’s SFIs. As Dickinson Township Zoning Officer, Codes Enforcement Officer, and SEO, Reisinger was required to file an SFI form with Dickinson Township annually by the May 1 deadline. An SFI Compliance Review was conducted at the Dickinson Township office on July 22, 2009. Reisinger failed to list Dickinson Township as a direct/indirect source of income on his 2005 and 2006 calendar year SFIs on file with Dickinson Township, despite having received compensation from Dickinson Township in excess of $42,000.00 in 2005 and in excess of $52,000.00 in 2006. As the Cooke Township SEO, Reisinger was required to file an SFI form with Cooke Township annually by the May 1 deadline. A review of SFIs on file with Cooke Township for Reisinger confirmed that there were no SFI forms on file with Cooke Township for Reisinger. Reisinger failed to timely file SFI forms with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years. As the Hopewell Township SEO/Alternate SEO, Reisinger was required to file an SFI form with Hopewell Township annually by the May 1 deadline. Reisinger failed to list Dickinson Township as a direct/indirect source of income on his SFI filed with Hopewell Township for calendar year 2007, despite having earned more than $1,300.00 of income from Dickinson Township in 2007. Reisinger did not timely file SFI forms with Hopewell Township for the 2005, 2006, and 2008 calendar years. As the Lower Mifflin Township SEO, Reisinger was required to file an SFI form with Lower Mifflin Township annually by the May 1 deadline. Reisinger did not timely file SFI forms with Lower Mifflin Township for the 2005 and 2008 calendar years. Reisinger failed to list Lower Mifflin Township as a direct/indirect source of income on his SFI for calendar year 2006, despite having earned in excess of $7,000.00 of income from Lower Mifflin Township in calendar year 2006. Reisinger did not list his “office, directorship or employment” in his private business, Jonathan Reisinger, Sole Proprietor, on his 2006 Reisinger, 09-026 Page 26 calendar year SFI. Reisinger did list on the form that he held a financial interest in such business. Reisinger did not list Dickinson Township as a direct/indirect source of income on his SFI for calendar year 2007, despite having earned more than $1,300.00 of income from Dickinson Township in 2007. As the North Middleton Township SEO, Reisinger was required to file an SFI form with North Middleton Township annually by the May 1 deadline. Reisinger did not file an SFI with North Middleton Township for the 2007 calendar year by May 1, 2008. The parties have stipulated that on July 20, 2010, Reisinger filed accurate and complete amended SFIs for the 2005, 2006, 2007, and 2008 calendar years with this Commission. 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 Ethics Act occurred when Jonathan Reisinger, a public official/public employee in his capacity as Zoning Officer and Sewage Enforcement Officer for Dickinson Township, used the authority of his public position for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment for his outside employment/business interests; and when he performed work for non- Dickinson Township entities while on Dickinson Township time. b. That a violation of Section 1104(a) of the Ethics Act occurred when Jonathan Reisinger, in his capacity as the Cooke Township Sewage Enforcement Officer (SEO), failed to file SFIs with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to file SFIs with Hopewell Township for the 2005, 2006, and 2008 calendar years; when, as the Lower Mifflin Township SEO, he failed to file SFIs with Lower Mifflin Township for the 2005 and 2008 calendar years; and when in his capacity as the North Middleton Township Assistant SEO/SEO he failed to file an SFI with North Middleton Township for the 2007 calendar year. c. That a violation of Section 1105(b) of the Ethics Act occurred when Jonathan Reisinger failed to list Dickinson Township as a direct or indirect source of income on his SFIs filed with Reisinger, 09-026 Page 27 Dickinson Township for the 2005 and 2006 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; when, as the Lower Mifflin Township SEO, he failed to list all direct or indirect sources of income and office, directorship or employment in any business on his SFI for the 2006 calendar year, and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year. 4. Reisinger agrees to make payment in the amount of $2,683.21 in settlement of this matter payable to Dickinson Township and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. To the extent he has not already done so, Reisinger agrees to file complete and accurate Statements of Financial Interests for calendar years 2005, 2006, 2007, and 2008 disclosing all required information with each municipality for which he served as a public official or public employee, as set forth in the preceding paragraphs, within thirty (30) days of the issuance of the final adjudication in this matter. Copies of said forms shall be forwarded to the State Ethics Commission for compliance verification purposes. 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 2-3. In considering the Consent Agreement, it is clear that a violation of Section 1103(a) of the Ethics Act occurred when Reisinger used the authority of his public position(s) with Dickinson Township for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment for his outside employment/business interests, and when he performed work for non-Dickinson Township entities while on Dickinson Township time. There were uses of authority of office on the part of Reisinger. But for the fact that he was the Dickinson Township Zoning Officer/SEO/Codes Enforcement Officer, Reisinger would not have been in a position to use the Dickinson Township resources (office space, computers, telephones, copy machines and fax equipment) and time to perform duties related to his outside employment/business interests, such as his SEO positions with other municipalities. There was no authorization in law permitting Reisinger to utilize Dickinson Township resources or time for such purposes. To the contrary, such actions were specifically prohibited. The parties have stipulated that the resulting private pecuniary benefit to Reisinger totaled at least $2,683.21 (Fact Findings 59-59e). Reisinger, 09-026 Page 28 Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Reisinger used the authority of his public position(s) with Dickinson Township for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment for his outside employment/business interests, and when he performed work for non-Dickinson Township entities while on Dickinson Township time. Cf., Bornstein, Order 1463. We further hold that a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Reisinger, in his capacity as the Cooke Township SEO, failed to file SFIs with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to file SFIs with Hopewell Township for the 2005, 2006, and 2008 calendar years; when, as the Lower Mifflin Township SEO, he failed to file SFIs with Lower Mifflin Township for the 2005 and 2008 calendar years; and when in his capacity as the North Middleton Township Assistant SEO/SEO he failed to file an SFI with North Middleton Township for the 2007 calendar year. Finally, we hold that a violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Reisinger failed to list Dickinson Township as a direct or indirect source of income on his SFIs filed with Dickinson Township for the 2005 and 2006 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; and when, as the Lower Mifflin Township SEO, he failed to list all direct or indirect sources of income and office, directorship or employment in any business on his SFI for the 2006 calendar year, and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year. As part of the Consent Agreement, Respondent has agreed to make payment in the amount of $2,683.21 payable to Dickinson Township and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. To the extent he has not already done so, Respondent has further agreed to file complete and accurate SFIs for calendar years 2005, 2006, 2007, and 2008 disclosing all required information with each municipality for which he served as a public official or public employee, as set forth in the preceding paragraphs, within thirty (30) days of the issuance of the final adjudication in this matter, and to forward copies of said forms to this Commission for compliance verification purposes. 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 is directed to make payment in the amount of $2,683.21 payable to Dickinson Township and forwarded th 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 2005, 2006, 2007, and 2008 disclosing all required information with each municipality for which he served as a public official or public employee, as set forth above, and to forward copies of such filings to this Commission by th no later than the thirtieth (30) day after the mailing date of this adjudication and Order. Reisinger, 09-026 Page 29 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 the Dickinson Township Zoning Officer, Sewage Enforcement Officer (“SEO”) and Codes Enforcement Officer from January 2, 2002, until October 21, 2008, and as the SEO/Alternate SEO for Cooke Township (April 5, 2000, to June 1, 2009), Lower Mifflin Township (January 2, 2001, to present), Hopewell Township (January 5, 2004, to at least July 6, 2010), and North Middleton Township (January 7, 2008, to December 31, 2008), Respondent Jonathan Reisinger (“Reisinger”) was a public official/public employee subject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. 2. Reisinger violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used the authority of his public position(s) with Dickinson Township for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment for his outside employment/business interests, and when he performed work for non-Dickinson Township entities while on Dickinson Township time. 3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Reisinger, in his capacity as the Cooke Township SEO, failed to file Statements of Financial Interests (“SFIs”) with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to file SFIs with Hopewell Township for the 2005, 2006, and 2008 calendar years; when, as the Lower Mifflin Township SEO, he failed to file SFIs with Lower Mifflin Township for the 2005 and 2008 calendar years; and when in his capacity as the North Middleton Township Assistant SEO/SEO he failed to file an SFI with North Middleton Township for the 2007 calendar year. 4. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Reisinger failed to list Dickinson Township as a direct or indirect source of income on his SFIs filed with Dickinson Township for the 2005 and 2006 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; and when, as the Lower Mifflin Township SEO, he failed to list all direct or indirect sources of income and office, directorship or employment in any business on his SFI for the 2006 calendar year, and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year. In Re: Jonathan Reisinger, : File Docket: 09-026 Respondent : Date Decided: 10/19/10 : Date Mailed: 10/26/10 ORDER NO. 1571 1. Jonathan Reisinger (“Reisinger”), a public official/public employee in his capacities as the Dickinson Township Zoning Officer, Sewage Enforcement Officer (“SEO”) and Codes Enforcement Officer from January 2, 2002, until October 21, 2008, and as the SEO/Alternate SEO for Cooke Township (April 5, 2000, to June 1, 2009), Lower Mifflin Township (January 2, 2001, to present), Hopewell Township (January 5, 2004, to at least July 6, 2010), and North Middleton Township (January 7, 2008, to December 31, 2008), violated Section 1103(a) of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), when he used the authority of his public position(s) with Dickinson Township for private pecuniary benefit by utilizing the resources of Dickinson Township, including but not limited to office space, computers, telephones, copy machines and fax equipment for his outside employment/business interests, and when he performed work for non- Dickinson Township entities while on Dickinson Township time. 2. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Reisinger, in his capacity as the Cooke Township SEO, failed to file Statements of Financial Interests (“SFIs”) with Cooke Township for the 2005, 2006, 2007, and 2008 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to file SFIs with Hopewell Township for the 2005, 2006, and 2008 calendar years; when, as the Lower Mifflin Township SEO, he failed to file SFIs with Lower Mifflin Township for the 2005 and 2008 calendar years; and when in his capacity as the North Middleton Township Assistant SEO/SEO he failed to file an SFI with North Middleton Township for the 2007 calendar year. 3. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Reisinger failed to list Dickinson Township as a direct or indirect source of income on his SFIs filed with Dickinson Township for the 2005 and 2006 calendar years; when in his capacity as the Hopewell Township Assistant SEO/SEO he failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year; and when, as the Lower Mifflin Township SEO, he failed to list all direct or indirect sources of income and office, directorship or employment in any business on his SFI for the 2006 calendar year, and failed to list all direct or indirect sources of income on his SFI for the 2007 calendar year. 4. Per the Consent Agreement of the parties, Reisinger is directed to make payment in the amount of $2,683.21 payable to Dickinson Township and forwarded to the th Pennsylvania State Ethics Commission by no later than the thirtieth (30) day after the mailing date of this Order. 5. To the extent he has not already done so, Reisinger is directed to file complete and accurate SFIs for calendar years 2005, 2006, 2007, and 2008 disclosing all required information with each municipality for which he served as a public official or public employee, as set forth above, and to forward copies of such filings to the th Pennsylvania State Ethics Commission by no later than the thirtieth (30) day after the mailing date of this Order. Reisinger, 09-026 Page 31 6. Compliance with Paragraphs 4 and 5 of this Order will result in the closing of this case with no further action by this Commission. a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, ___________________________ Louis W. Fryman, Chair