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HomeMy WebLinkAbout1617 Luckenbill In Re: Larry Luckenbill, : File Docket: 11-030 Respondent : X-ref: Order No. 1617 : Date Decided: 4/10/13 : Date Mailed: 4/16/13 Before: John J. Bolger, Chair Nicholas A. Colafella, Vice Chair Raquel K. Bergen Mark Volk Mark R. Corrigan Roger Nick 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 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. I.ALLEGATIONS: That Larry Luckenbill, a public official/public employee in his capacity as a Supervisor for Wayne Township, Schuylkill County, violated Sections 1103(a), 1103(f) and 1105(b) of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 1103(f) and 1105(b), when he used the authority of his public position for a private pecuniary benefit of himself and/or a business with which he is associated by participating in discussions and actions of the Board of Supervisors to award contracts for Township paving and road projects at a time when he had a reasonable expectation that his company would be utilized as a subcontractor; when he and/or a business with which he is associated entered into contracts with the Township in excess of $500.00 without an open and public process; when he authorized payments to be issued to Luckenbill Brothers Paving; when he failed to file Statements of Financial Interests for the 2006, 2007 and 2009 calendar years and when he failed to disclose on a Statement of Financial Interests filed for the 2010 calendar year real estate interests, creditors and gifts. II.FINDINGS: 1. Larry Luckenbill served on the Wayne Township, Schuylkill County, Board of Supervisors from approximately 1983 through December 2012. a. Wayne Township, Schuylkill County, is a Township of the Second Class governed by a three (3) Member Board of Supervisors. Luckenbill, 11-030 Page 2 b. Luckenbill resigned from the Board in December 2012. 2. The Wayne Township Board of Supervisors oversees the daily operations of the Township’s Road Department. a. The Road Department includes a Roadmaster, three (3) full-time, and up to four (4) part-time employees. b. The Road Department maintains a small inventory of equipment and materials for general road maintenance and repair. c. Heavy equipment not owned by the Township is either rented or provided by private contractors hired by the Township. 1. Private equipment rental/contracting is under the general supervision of the Roadmaster. 3.Ralph Fidler has been employed as the Wayne Township Roadmaster for approximately the past thirty (30) years. a. As Roadmaster, Fidler’s responsibilities are as follows:  Scheduling daily work assignments for the Township road crew.  Identifying minor and major road construction/repair projects to be completed each year.  Preparation of bid specifications for the Township’s annual major road projects.  Supervising all Township road projects, including those utilizing the services of private contractors.  Attending Board of Supervisors meetings and briefing the Board as to the status of road projects. 4. The Wayne Township Board of Supervisors conducts two road inspections each year. a. These semi-annual road inspections are generally held each spring and fall. b. The purpose of these road inspections is to identify Township roads in need of current or future repair. The Township funds these repairs with State Liquid Fuels funds. c. Participants in the semi-annual road inspections are generally the Supervisors and Roadmaster. 5. After the spring road inspection, Roadmaster Ralph Fidler identifies which road projects should be completed, based on the Township’s receipt of Liquid Fuel Funds. a. Roadmaster Fidler identifies the projects based on the prior fall and spring road inspections, in consultation with the Board of Supervisors. b. Roadmaster Fidler determines the scope of each year’s projects after receiving information from the Commonwealth detailing the Township’s Liquid Fuels fund allocation for the year. Luckenbill, 11-030 Page 3 1. Wayne Township attempts to complete as many projects as possible each year, based on available Liquid Fuels funding. 6. Roadmaster Fidler is responsible for developing the bid specifications for the Township’s annual major road projects. a. Once the bid specifications are drafted, Township Secretary Barbara Moyer is responsible for placing a bid advertisement in the Pottsville Republican Herald Newspaper. b. Roadmaster Fidler is responsible for handling any inquiries regarding the projects from potential bidders. c. The Wayne Township Board of Supervisors will hold a special bid opening meeting for the major road project bids. d. Roadmaster Fidler is responsible for reviewing the bids to ensure compliance with all bid specifications, prior to approval by the Board of Supervisors. 7. The Wayne Township Board of Supervisors is ultimately responsible for the review and approval of bids awarded for major road projects annually. a. After the bid(s) are awarded, Roadmaster Fidler has daily supervisory responsibility over the project(s) until completion to the Township’s and PennDOT’s satisfaction. 8. Since 2007, Wayne Township major road projects have been exclusively awarded to either EJB Paving & Materials or Pennsy Supply, Inc. a. Contracts were awarded by the Board of Supervisors to the lowest bidder. b. Contracts were awarded as follows: Calendar Year Winning Bidder Bid Quote Award Date Award Location 2007 EJB Paving & Materials $290,339.60 May 16, 2007 BOS meeting 2008 EJB Paving & Materials $172,988.90 May 21, 2009 BOS meeting 2009 EJB Paving & Materials $279,085.10 April 15, 2009 BOS meeting 2010 Pennsy Supply Inc. $234,327.98 June 16, 2010 BOS meeting 2011 Pennsy Supply Inc. $263,947.10 April 20, 2011 BOS meeting 2012 EJB Paving & Materials $159,360.78 May 16, 2012 BOS meeting * BOS abbreviated for Board of Supervisors. 9. Wayne Township Board of Supervisors meeting minutes confirm that since 2007, Luckenbill participated in Board actions resulting in both EJB Paving & Materials and Pennsy Supply being awarded contracts for major road projects during that time frame. a. Luckenbill’s participation included participating in semi-annual road inspections to determine the scope of projects, reviewing and awarding bids and authorizing payment of the completed work. 10. Luckenbill, in his official capacity as a Wayne Township Supervisor, participated in official action taken by the Board approving payments to EJB Paving & Materials and Pennsy Supply, Inc., since 2007. a. Payments for work completed by EJB Paving & Materials and Pennsy Supply were included as part of monthly bill lists prepared by the Township Luckenbill, 11-030 Page 4 Secretary/Treasurer and submitted to the Board for approval. b. The Board is provided with monthly bill lists for review the evening of its regular monthly meeting. c. The bill lists are voted on in their entirety, by a single motion. d. Once the bills are approved, a payment check is issued by the Township. 1. Township checks are signed by the Secretary/Treasurer and one (1) Supervisor. 2. Facsimile signature stamps are not utilized. 11. The following chart details payments made by Wayne Township, between 2007 and 2011 [sic], to EJB Paving & Materials and Pennsy Supply, Inc., for major road projects using Liquid Fuels Funds. Date CH # Amount Payee Mtg Date Motion Second Vote 08/21/07 133 $190,000.00 EJB Paving & Materials 05/16/07 Fidler Luckenbill 3-0 07/24/08 201 $177,804.64 EJB Paving & Materials 05/21/08 Fidler Schropp 3-0 08/11/09 202 $180,767.33 EJB Paving & Materials 04/15/09 Schropp Luckenbill 3-0 09/27/10 203 $191,651.23 Pennsy Supply 06/16/10 Fidler Schropp 3-0 07/28/11 204 $267,042.57 Pennsy Supply 04/20/11 Fidler Schropp 3-0 08/16/12 206 $160,345.79 EJB Paving & Materials 08/15/12 Schropp Luckenbill 3-0 a. The front side of check number 201 was signed by Supervisor Stanley Fidler and Secretary/Treasurer Barbara Moyer. b. The other checks were all signed by Supervisor Larry Luckenbill and Secretary/Treasurer Barbara Moyer. 12. In addition to the major road projects, EJB Paving & Materials, EJ Breneman, and Pennsy Supply, Inc. all had additional business dealings with Wayne Township since at least 2007. a. These business dealings included supplying road aggregate and other paving and/or hauling services. b. Roadmaster Ralph Fidler was responsible for ordering goods and services sold to the Township by EBJ Paving & Materials, EJ Breneman, and Pennsy Supply, Inc., which were not bid as part of annual major road projects. c. Payments by the Township for these services are made in the same way as other Township payments, as detailed in previous Findings. d. Payments to EJB entities included payments issued to EJB Paving & Materials and EJ Breneman. 13. Luckenbill, in his official capacity as a Wayne Township Supervisor, regularly participated in the approval of bill lists which included payments to EJB Paving & Materials, EJ Breneman, and/or Pennsy Supply, Inc., for the purchase of road materials. Luckenbill, 11-030 Page 5 14. Since at least 2007 and continuing until 2011, Wayne Township business records detail Luckenbill’s participation in the approval of payments issued to EJ Breneman, EJB Paving & Materials, and Pennsy Supply, Inc. 15. Luckenbill owns and operates Luckenbill Brothers Paving Company, Schuylkill Haven, Pennsylvania. a. Luckenbill operates Luckenbill Brothers Paving Company with his wife, Carol Luckenbill. 16. Articles of Incorporation for Luckenbill Brothers Paving Company were filed with the Pennsylvania Department of State on May 13, 1994. a. Entity number 2580619 was assigned to this business entity by the Pennsylvania Department of State. b. The stated corporate address for Luckenbill Brothers Paving Company is Luckenbill’s residential address. c. The sole incorporator is listed as Larry Luckenbill, Sr. 17. By-Laws for Luckenbill Brothers Paving were signed by Larry L. Luckenbill, Sr. and Carol Luckenbill on July 1, 1994. a. Board officers were identified as Larry L. Luckenbill, Sr., President and Carol Luckenbill, Secretary/Treasurer. 18. The initial Board of Directors Meeting for Luckenbill Brothers Paving Company was held on July 1, 1994. a. Since January 12, 1997, annual Board of Directors meetings were held on 01/12/07, 01/09/08, 01/13/09, 01/05/10, 01/06/11 and 01/04/12. b. During each of these meetings, the Board officers remained Larry Luckenbill, Sr., President and Carol Luckenbill, Secretary/Treasurer. 19. Luckenbill Brothers Paving provides commercial and residential paving, hauling and construction services in Schuylkill County and nearby communities. a. Luckenbill Brothers Paving owns dump trucks, backhoes and other heavy equipment utilized in its business operations. b. Luckenbill Brothers Paving also provides hauling services as an independent hauler for businesses including Pennsy Supply, Inc., and EJB Paving & Materials. 20. From at least 2007 to 2012, Luckenbill Brothers Paving (“LBP”) has had an ongoing business relationship with Pennsy Supply, Inc., and EJB Paving & Materials. a. The nature of these business relationships included serving as an independent hauler as well as a source for road materials for Luckenbill Brothers Paving’s own operations. 21. The business relationship between LBP, Pennsy Supply, Inc., and EJB Paving & Materials was ongoing at the time Luckenbill participated in Board actions to approve contracts with both companies. Luckenbill, 11-030 Page 6 a. Luckenbill also approved payments to both companies at a time when his company, LBP, had an ongoing business relationship with Pennsy Supply, Inc., and EJB Paving & Materials. 22. Pennsy Supply, Inc., and EJB Paving & Materials each used independent haulers to transport materials as part of road projects. a. Both companies maintain the names of independent haulers separated by zones, or geographical regions, in Eastern Pennsylvania. b. The Project Foremen for each company determine the number of haulers needed each day, which are then secured by a company dispatcher. 23. Luckenbill Brothers Paving was an independent hauler for both Pennsy Supply, Inc., and EJB Paving & Materials, since at least 2007. a. Luckenbill Brothers Paving was utilized as an independent hauler by each company on an as needed basis. b. Luckenbill Brothers Paving was contacted by each company’s dispatcher to schedule hauling services on a daily basis, or for the duration of a particular job. c. Company dispatchers determined the number of trucks needed and for approximately how long. d. Compensation paid to Luckenbill Brothers Paving was to be based on either an hourly rate, plus detention time and any applicable fuel surplus charges, or a per load basis, based on the weight of the material and distance hauled. 24. As part of the business relationship Luckenbill Brothers Paving had with Pennsy Supply, Inc., and EJB Paving & Materials, Luckenbill Brothers Paving was hired as an independent hauler by each company to haul materials on major road projects and other Township road projects. a. In these instances, Luckenbill Brothers Paving would be compensated by either Pennsy Supply, Inc., or EJB Paving & Materials, as a result of Township payments made to either company. 25. Daily hauling records of EJB Paving & Materials confirm Luckenbill Brothers Paving was utilized as an independent hauler on Wayne Township paving projects during 2008 and 2009. a. Daily hauling records for 2007 were not available from EJB Paving & Materials. b. Hauling records reflect Luckenbill Brothers Paving was compensated at an hourly rate of $67.00 by EJB Paving & Materials, as part of the Wayne Township work. 26. Business records provided by Luckenbill Brothers Paving detail the following annual gross payments received from Pennsy Supply, Inc. and EJB Paving & Materials: a. Year EJB Pennsy Supply 2007 $11,161.28 $ 86,161.02 2008 $17,402.38 $110,874.67 2009 $16,896.52 $176,791.75 Luckenbill, 11-030 Page 7 2010 $13,599.60 $270,666.38 2011 $ 3,660.85 $315,103.87 2012 ___None_ $ 21,339.95 (as of March 2012) * Totals $62,720.63 $980,934.64 * [sic]. [There is a $3.00 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).] 27. EJB Paving & Materials hauling slips from 2008 include six (6) separate hauling slips, totaling $3,065.25, relating to Wayne Township work. a. This hauling work occurred between June 10, 2008, and June 12, 2008. b. EJB Paving & Materials was compensated for this work as part of the Township’s 2008 major road project. 28. EJB Paving & Materials hauling slips from 2009 include four (4) separate hauling slips totaling $2,278.00 related to Wayne Township work. a. This hauling work occurred between June 17, 2009, and June 25, 2009. b. EJB Paving & Materials was compensated for this work as part of the Township’s 2009 major road project. 29. On May 16, 2012, the Wayne Township Board of Supervisors awarded the 2012 major road projects to EJB Paving & Materials. a. Actual construction work on the 2012 major road projects occurred during June of 2012. b. Roadmaster Fidler was responsible for the daily supervision of the project through its completion. 30. Luckenbill Brothers Paving was not utilized by EJB Paving & Materials as an independent hauler on the 2012 major Township road project. a. 2012 was the first year since 2007 that Luckenbill Brothers Paving did not serve as an independent hauler on the Township’s annual major road project(s). 31. Luckenbill Brothers Paving continued to have a business relationship with EJB Paving & Materials during 2012, unrelated to Wayne Township. 32. Daily hauling records of Pennsy Supply, Inc. confirm that Luckenbill Brothers Paving was utilized as an independent hauler on Wayne Township major road projects during 2010 and 2011. a. Hauling records reflect Luckenbill Brothers Paving was compensated at a rate based on tonnage hauled. b. During the 2010 Wayne Township project, Luckenbill Brothers Paving was compensated at a rate of $6.65 per ton hauled. c. During the 2011 Wayne Township project, Luckenbill Brothers Paving was compensated at a rate of 6.85 per ton hauled. Luckenbill, 11-030 Page 8 d. Luckenbill, as a Township Supervisor, participated in Board actions to approve contracts with Pennsy Supply Company, at or about the time he was serving as an independent hauler with Pennsy. 33. Pennsy Supply, Inc. utilized trucks from Luckenbill Brothers Paving on the 2010 Wayne Township major project from August 5, 2010, through August 10, 2010. a. Multiple trucks owned by Luckenbill Brothers Paving were used each day during the project. b. These trucks were arranged through Pennsy Supply, Inc.’s dispatch process. c. Compensation was based on the $6.65 per ton hauled rate. 34. Pennsy Supply, Inc. hauling records confirm Luckenbill Brothers Paving was paid $6,301.24 for hauling materials as part of the 2010 Wayne Township major paving project from August 5, 2010, through August 10, 2010. a. Luckenbill Brothers Paving also provided Pennsy Supply, Inc. other hauling services unrelated to the Wayne Township project during this same time frame. 35. Pennsy Supply, Inc. utilized trucks from Luckenbill Brothers Paving on the 2011 Wayne Township major project from June 9, 2011, through June 13, 2011. a. Multiple trucks owned by Luckenbill Brothers Paving were used each day during the project. b. These trucks were arranged through Pennsy Supply, Inc.’s dispatch process. c. Compensation was based on the $6.85 per ton hauled rate. 36. Pennsy Supply, Inc. hauling records confirm Luckenbill Brothers Paving was paid $6,182.53 for hauling materials as part of the 2011 Wayne Township major paving project from June 9, 2011, through June 13, 2011. a. Luckenbill Brothers Paving also provided Pennsy Supply, Inc. other hauling services unrelated to the Wayne Township project during this same time frame in 2011. 37. Between 2007 and 2012, Luckenbill Brothers Paving received payments from Pennsy Supply, Inc. and EJB Paving & Materials for performing independent hauling services in relation to Wayne Township paving/road projects. a. At the time that Luckenbill participated in approving the road projects and awarding contracts, from 2007 to 2012, to Pennsy Supply, Inc., and EJB Paving & Materials, it was reasonably foreseeable that LBP would be utilized as an independent hauler by Pennsy Supply, Inc., and/or EJB Paving & Materials. 1. Since 2007 Luckenbill’s company (“LBP”) had ongoing business relationships with both EJB Paving & Materials and Pennsy Supply, Inc., to provide hauling services in and around Wayne Township. 2. Luckenbill Brothers Paving was available to dispatchers based on their business location within Wayne Township. Luckenbill, 11-030 Page 9 3. LBP was paid in excess of $85,000 annually by Pennsy Supply, Inc., between 2007 and 2011. 4. LBP was paid in excess of $3,500 annually by EJB Paving & Materials between 2007 and 2011. 38. LBP received payments from Pennsy Supply and EJB Paving & Materials in relation to Wayne Township projects totaling $17,824.02, as outlined below: Year Contractor Amount 2008 EJB $ 3,062.25 2009 EJB $ 2,278.00 2010 Pennsy $ 6,301.24 2011 Pennsy $ 6,182.53 $17,824.02 39. The adjusted profit margin figures of Luckenbill Brothers Paving, Inc. were used to determine an approximate financial gain, as a result of work performed either directly for the Township, or as an independent hauler, through EJB Paving & Materials and/or Pennsy Supply. a. The ordinary business income figure from the S-Corporation Tax Returns of Luckenbill Brothers Paving was compared to the gross receipts to determine an approximate profit percentage. In addition to this comparison, officer compensation was added to the ordinary business income total to base a more accurate profit margin/financial gain percentage. Adjusted Profit Margins of LBP are as follows: b. 2007 Adjusted Profit Margin: 10.93% 2008 Adjusted Profit Margin: 7.45% 2009 Adjusted Profit Margin: 8.09% 2010 Adjusted Profit Margin: 10.44% 2011 Adjusted Profit Margin: (-) 3.69% 40. Luckenbill Brothers Paving received a private pecuniary gain of $1,070.49 as a result of independent hauling from EJB Paving & Materials, and Pennsy Supply Inc.: Year Contractor Amount Received APM Profit 2008 EJB $ 3,065.25 7.45% $ 228.36 2009 EJB $ 2,278.00 8.09% $ 184.29 2010 Pennsy $ 6,301.24 10.44% $ 657.84 2011 Pennsy $ 6,182.53 (3.69)% $ .00 The following Findings relate to allegations that Luckenbill and/or a business with which he is associated entered into contracts with the Township in excess of $500.00 without an open and public process; and when he authorized payments issued to Luckenbill Brothers Paving. 41. Wayne Township has utilized the services of Luckenbill Brothers Paving since at least 2007. a. The business relationship occurred during Luckenbill’s tenure as a Wayne Township Supervisor. b. The nature of this business relationship has included hauling materials and/or equipment for the Township. Luckenbill, 11-030 Page 10 c. None of the hauling services Luckenbill Brothers Paving provided for Wayne Township in excess of $500.00 were advertised for public/competitive bid. d. Roadmaster Ralph Fidler would contact Luckenbill Brothers Paving to schedule any needed hauling work. 42. Roadmaster Ralph Fidler generally obtained hauling quotes on an annual basis. a. Township records maintained by Roadmaster Fidler included hauling quotes for 2007, 2010 and 2011. b. Roadmaster Fidler was unable to provide the State Ethics Commission with hauling quotes for 2008, 2009, or 2012. 43. Hauling quotes on file with Wayne Township identify Luckenbill Brothers Paving as having submitted a quote to the Township on two separate occasions, once in 2007 and once in 2010. 44. Wayne Township records confirm nine (9) invoices, totaling $8,444.76, submitted by Luckenbill Brothers Construction [sic] between May 4, 2007, and September 23, 2010. a. Six (6) of these nine (9) invoices were in excess of $500.00 each. b. Luckenbill Brothers Paving submitted at least one (1) invoice in excess of $500.00 to Wayne Township during each year from 2007 through 2010. 45. The nine business invoices submitted by Luckenbill Brothers Paving to the Township included the following: a. Invoice # Date Amount Service 2007150 05/04/07 $ 210.00 Moving road widener from Lancaster to Wayne Twp. 2007280 12/27/07 $3,022.50 Hauling: Moyer Station Road Project 2008101 01/04/08 $ 589.76 Hauling: Anti-Skid 2009051 05/13/09 $ 800.00 16 Tons of Bulk Salt 2009084 07/06/09 $ 770.00 Paver and Operator 2010127 04/19/10 $ 231.00 Haul Blacktop to Kiehners Road, Wayne Township 2010138 05/12/10 $ 610.50 Haul Asphalt, 5/4/10 & 5/5/10 2010169 07/12/10 $ 379.50 Haul Blacktop from EJB to Wayne Township 2010199 09/23/10 $1,831.50 Haul Blacktop from EJB to Wayne Township b. LBD [sic] was the low bidder in 2007, based on Roadmaster Fidler’s quotes. c. Nothing is noted on the invoices indicating Supervisor Larry Luckenbill’s approval. d. Luckenbill did participate in the approval of bill lists which included the payments, as well as executing on behalf of the Township all but one of the checks issued. e. This work was initiated by Roadmaster Ralph Fidler. 46. The following chart details all of the checks, totaling $8,444.76, issued to Luckenbill Luckenbill, 11-030 Page 11 Brothers Paving, official signatures, and the date each check cleared the Township account: Date CH # Amount Payee Signed 05/23/07 1855 $210.00 Luckenbill Brothers Paving Luckenbill, Moyer 12/31/07 2189 $3,022.50 Luckenbill Brothers Paving Luckenbill, Moyer 01/28/08 2265 $589.76 Luckenbill Brothers Paving Schropp, Moyer 06/08/09 3354 $800.00 Luckenbill Brothers Paving Luckenbill, Moyer 07/24/09 3435 $770.00 Luckenbill Brothers Paving Luckenbill, Moyer 05/03/10 3886 $231.00 Luckenbill Brothers Paving Luckenbill, Moyer 06/01/10 3935 $610.50 Luckenbill Brothers Paving Luckenbill, Moyer 08/02/10 4052 $379.50 Luckenbill Brothers Paving Luckenbill, Moyer 10/27/10 4179 $1,831.50 Luckenbill Brothers Paving Luckenbill, Moyer 47. Luckenbill Brothers Paving realized a private pecuniary gain of $842.93 as a result of Luckenbill, in his capacity as a Wayne Township Supervisor, participating in approval of payments and signing checks issued to his company. Private pecuniary gain determined as follows: Year Amount Received APM Profit 2007 $ 3,232.50 10.93% $ 353.31 2008 $ 589.76 7.45% $ 43.93 2009 $ 1,570.00 8.09% $ 147.01* 2010 $ 3,052.50 10.44% $ 318.68 * [sic]. [The correct amount of $127.01 was used to calculate the total of $842.93.] The following Findings relate to allegations that Luckenbill failed to file Statement of Financial Interests forms for the 2006, 2007 and 2009 calendar years and his failure to report any real estate interests, creditors or gifts received on his SFI filed for the 2010 calendar year. 48. Luckenbill, in his official capacity as a Wayne Township Supervisor, was annually st required to file a Statement of Financial Interests form by May 1, containing information for the prior calendar year. 49. Luckenbill was annually provided with a blank SFI form to complete, by the Wayne Township Secretary, each January. 50. Wayne Township maintained all filed Statements of Financial Interests filed by Luckenbill since 2006. 51. Luckenbill failed to file Statement of Financial Interests forms with Wayne Township, in his official capacity as a Township Supervisor, for the 2007 and 2009 calendar years. a. Luckenbill’s SFI for the 2009 calendar year was due by May 1, 2010. b. Luckenbill’s SFI for the 2007 calendar year was due by May 1, 2008. 52. Luckenbill’s SFI filed for the 2010 calendar year did not include any responses to boxes 8 “Real Estate Interests,” 9 “Creditors,” and 11“Gifts.” Luckenbill, 11-030 Page 12 53. Luckenbill filed Statement of Financial Interests form(s) with Wayne Township, in his official capacity as a Township Supervisor, for the 2006 calendar year on March 5, 2007. a. This form was timely filed. 54. Luckenbill filed three Statement of Financial Interests forms with Wayne Township for year 2008. a. One form for calendar year 2008 was filed February 26, 2009. This form was timely filed. b. One form for calendar year 2008 was undated. This form is considered incomplete. c. One form was filed for year 2008, and signed/dated February 26, 2010. 1. Luckenbill believes that that form was mislabeled and was meant to be filed for year 2009; however Luckenbill acknowledges that this particular form was not properly completed and therefore not filed for year 2009. III.DISCUSSION: As a Member of the Wayne Township (“Township”) Board of Supervisors from approximately 1983 through December 2012, Respondent Larry Luckenbill, hereinafter also referred to as “Respondent,” “Respondent Luckenbill,” and “Luckenbill,” has been a public officialsubject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. The allegations are that Luckenbill violated Sections 1103(a), 1103(f), and 1105(b) of the Ethics Act: (1) when he used the authority of his public position for the private pecuniary benefit of himself and/or a business with which he is associated by participating in discussions and actions of the Township Board of Supervisors to award contracts for Township paving and road projects at a time when he had a reasonable expectation that his company would be utilized as a subcontractor; (2) when he and/or a business with which he is associated entered into contracts with the Township in excess of $500.00 without an open and public process; (3) when he authorized payments to be issued to Luckenbill Brothers Paving; (4) when he failed to file Statements of Financial Interests (“SFIs”) for the 2006, 2007 and 2009 calendar years; and (5) when he failed to disclose on a Statement of Financial Interests filed for the 2010 calendar year real estate interests, creditors and gifts. 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 Luckenbill, 11-030 Page 13 "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 1103(f) of the Ethics Act imposes certain restrictions as to contracting: § 1103. Restricted activities (f)Contract.— No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. § 1103(f). Section 1103(f) of the Ethics Act provides in part that no public official/public employee or his spouse or child or business with which the public official/public employee or his spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official/public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. Luckenbill, 11-030 Page 14 Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Section 1105(b)(3) of the Ethics Act requires the filer to disclose on the SFI any direct or indirect interest in any real estate which was sold or leased to or purchased or leased from the Commonwealth, any of its agencies or political subdivisions, or which was the subject of any condemnation proceedings by the Commonwealth or any of its agencies or political subdivisions. Subject to certain statutory exceptions, Section 1105(b)(4) of the Ethics Act requires the filer to disclose on the SFI the name and address of each creditor to whom is owed in excess of $6,500 and the interest rate thereon. Subject to certain statutory exceptions, Section 1105(b)(6) of the Ethics Act requires the filer to disclose on the SFI the name and address of the source and the amount of any gift or gifts valued in the aggregate at $250 or more and the circumstances of each gift. 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 Luckenbill served on the Township Board of Supervisors from approximately 1983 through December 2012. The Township Board of Supervisors consists of three Members. In a private capacity, Luckenbill is the owner, operator and President of a business named “Luckenbill Brothers Paving Company” (“LBP”). LBP has been incorporated in Pennsylvania since 1994. LBP provides commercial and residential paving, hauling and construction services. From at least 2007 to 2012, LBP had ongoing business relationships with EJB Paving & Materials and Pennsy Supply, Inc. (“Pennsy Supply”). LBP business records detail the following annual gross payments received from EJB Paving & Materials and Pennsy Supply: Year EJB Paving & Materials Pennsy Supply 2007 $11,161.28 $ 86,161.02 2008 $17,402.38 $110,874.67 2009 $16,896.52 $176,791.75 2010 $13,599.60 $270,666.38 2011 $ 3,660.85 $315,103.87 2012 None $ 21,339.95 (as of March 2012) Since 2007, Luckenbill participated in actions of the Township Board of Supervisors resulting in both EJB Paving & Materials and Pennsy Supply being awarded contracts for major road projects during that time frame. In 2007, 2008, 2009, and 2012, the Township’s major road projects were awarded to EJB Paving & Materials. In 2010 and 2011, the Township’s major road projects were awarded to Pennsy Supply. In his official capacity as a Township Supervisor, Luckenbill participated in semi-annual road inspections to determine the scope of such projects. Luckenbill also participated in actions of the Township Board of Supervisors to review bids and award contracts and to authorize payment for the completed work. The business relationship between LBP, Pennsy Supply and EJB Paving & Materials was ongoing at the time Luckenbill participated in actions of the Township Board of Supervisors to approve contracts with, and payments to, Pennsy Supply and EJB Paving & Materials. Luckenbill, 11-030 Page 15 The parties have stipulated that at the time Luckenbill participated in approving the road projects and awarding contracts from 2007 to 2012 to Pennsy Supply and EJB Paving & Materials, it was reasonably foreseeable that LBP would be utilized as an independent hauler by Pennsy Supply and/or EJB Paving & Materials. Since 2007 LBP had ongoing business relationships with both EJB Paving & Materials and Pennsy Supply to provide hauling services in and around the Township. Between 2007 and 2012, LBP received payments from EJB Paving & Materials and Pennsy Supply for performing independent hauling services in relation to Township paving/road projects. EJB Paving & Materials utilized LBP as an independent hauler on Township paving projects during 2008 and 2009. Pennsy Supply utilized LBP as an independent hauler on Township major road projects during 2010 and 2011. From 2008 through 2011, LBP received payments totaling $17,824.02 from EJB Paving & Materials and Pennsy Supply in relation to Township projects. The parties have stipulated that from this total amount, LBP received a private pecuniary gain of $1,070.49 as a result of independent hauling from EJB Paving & Materials and Pennsy Supply. In addition to the above, the Township has utilized the services of LBP since at least 2007. The services LBP has provided to the Township have included hauling materials and/or equipment for the Township. The following nine invoices, totaling $8,444.76, were submitted by LBP to the Township between May 4, 2007, and September 23, 2010: Invoice # Date Amount Service 2007150 05/04/07 $ 210.00 Moving road widener from Lancaster to Wayne Twp. 2007280 12/27/07 $3,022.50 Hauling: Moyer Station Road Project 2008101 01/04/08 $ 589.76 Hauling: Anti-Skid 2009051 05/13/09 $ 800.00 16 Tons of Bulk Salt 2009084 07/06/09 $ 770.00 Paver and Operator 2010127 04/19/10 $ 231.00 Haul Blacktop to Kiehners Road, Wayne Township 2010138 05/12/10 $ 610.50 Haul Asphalt, 5/4/10 & 5/5/10 2010169 07/12/10 $ 379.50 Haul Blacktop from EJB to Wayne Township 2010199 09/23/10 $1,831.50 Haul Blacktop from EJB to Wayne Township At least five of the above nine invoices were for hauling services in excess of $500.00 each. None of the hauling services LBP provided for the Township in excess of $500.00 were advertised for public/competitive bid. Township Roadmaster Ralph Fidler (“Roadmaster Fidler”) generally would obtain hauling quotes on an annual basis. Roadmaster Fidler would contact LBP to schedule any needed hauling work. The work billed by LBP in the above invoices was initiated by Roadmaster Fidler. Luckenbill participated in the approval of bill lists which included the Township’s payments for the above invoices. Luckenbill also signed, as an authorized Township Luckenbill, 11-030 Page 16 signatory, all of the checks issued in payment of the above invoices except for one check (check number 2265) in the amount of $589.76. The parties have stipulated that LBP realized a private pecuniary gain of $842.93 as a result of Luckenbill, in his capacity as a Township Supervisor, participating in approval of payments and signing checks issued to his company. As for Respondent’s SFIs, Respondent failed to file SFIs with the Township for the 2007 and 2009 calendar years. Additionally, Respondent’s SFI filed for the 2010 calendar year did not include any responses to boxes 8 “Real Estate Interests,” 9 “Creditors,” and 11 “Gifts.” Respondent timely filed SFI form(s) with the Township for the 2006 calendar year. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Ethics Act to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following in relation to the above allegations: a. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred when Luckenbill used the authority of his office by participating in discussions and actions of the Board of Supervisors of Wayne Township, to award contracts for Township paving and road projects to EJB Paving & Materials, and Pennsy Supply, at a time when it was reasonably foreseeable that Luckenbill Brothers Paving Company, a business with which Luckenbill was associated, would be utilized as an independent hauler on those projects; b. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(a) occurred when Luckenbill used the authority of his office by authorizing payments to be issued to Luckenbill Brothers Paving Company by the Township, for services rendered by Luckenbill Brothers Paving Company; c. That a violation of Section 1103(f) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1103(f) occurred when Luckenbill and/or a business with which he is associated, namely Luckenbill Brothers Paving Company, entered into contracts with Wayne Township, in excess of $500.00, without an open and public process; d. That a violation of Section 1105(b) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1105(b) occurred when Luckenbill failed to file Statements of Financial Interests for the 2007 Luckenbill, 11-030 Page 17 and 2009 calendar years, and when he failed to disclose on a Statement of Financial Interests filed for the 2010 calendar year, real estate interests, creditors and gifts. e. That no violation of Section 1105(b) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §1105(b) occurred as to the allegation of a failure to file a 2006 Statement of Financial Interests, in that the form was timely filed with the Township. 4. Luckenbill agrees to make payment in the amount of $1,070.49 in settlement of this matter, payable to Wayne Township, and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Luckenbill agrees to file complete and accurate Statements of Financial Interests with Wayne Township, through the Pennsylvania State Ethics Commission, for the 2007 and 2009 calendar years; and an amended Statement of Financial Interests for calendar year 2010 within thirty (30) days of the issuance of the final adjudication in this matter. 6. Luckenbill agrees to not accept any reimbursement, compensation or other payment from Wayne Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. 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, we agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred when Luckenbill used the authority of his office by participating in discussions and actions of the Township Board of Supervisors to award contracts for Township paving and road projects to EJB Paving & Materials and Pennsy Supply at a time when it was reasonably foreseeable that LBP, a business with which Luckenbill was associated as the owner and President, would be utilized as an independent hauler on those projects. Factually, from at least 2007 to 2012, LBP had ongoing business relationships with EJB Paving & Materials and Pennsy Supply. Since 2007, Luckenbill participated in actions of the Township Board of Supervisors resulting in both EJB Paving & Materials and Pennsy Supply being awarded contracts for major road projects during that time frame. In 2007, 2008, 2009, and 2012, the Township’s major road projects were awarded to EJB Paving & Materials. In 2010 and 2011, the Township’s major road projects were awarded to Pennsy Supply. Luckenbill, 11-030 Page 18 Luckenbill used the authority of his public office when he participated in actions of the Township Board of Supervisors to review bids and award contracts and to authorize payment for the completed work. The business relationship between LBP, Pennsy Supply and EJB Paving & Materials was ongoing at the time Luckenbill participated in actions of the Township Board of Supervisors to approve contracts with, and payments to, Pennsy Supply and EJB Paving & Materials. The parties have stipulated that at the time Luckenbill participated in approving the road projects and awarding contracts from 2007 to 2012 to Pennsy Supply and EJB Paving & Materials, it was reasonably foreseeable that LBP would be utilized as an independent hauler by Pennsy Supply and/or EJB Paving & Materials. Since 2007 LBP had ongoing business relationships with both EJB Paving & Materials and Pennsy Supply to provide hauling services in and around the Township. This Commission has long held that a reasonable and legitimate anticipation of the development of a financial/business relationship may support a finding of a conflict of interest. See, e.g., Pavlovic, Opinion 02-005; Confidential Opinion, 00-006; Garner, Opinion 93-004; Amato, Opinion 89-002 (citing Sowers, Opinion 80-050); Caldwell, Order 1172; Snyder, Order 979-2, affirmed, Snyder v. State Ethics Commission, 686 A.2d 843 (Pa. Cmwlth. 1996), allocatur denied, 1997 Pa. LEXIS 2719 (Pa. Dec. 22, 1997). Between 2007 and 2012, LBP received payments from EJB Paving & Materials and Pennsy Supply for performing independent hauling services in relation to Township paving/road projects. EJB Paving & Materials utilized LBP as an independent hauler on Township paving projects during 2008 and 2009. Pennsy Supply utilized LBP as an independent hauler on Township major road projects during 2010 and 2011. From 2008 through 2011, LBP received payments totaling $17,824.02 from EJB Paving & Materials and Pennsy Supply in relation to Township projects. The parties have stipulated that from this total amount, LBP received a private pecuniary gain of $1,070.49 as a result of independent hauling from EJB Paving & Materials and Pennsy Supply. With each element of a violation of Section 1103(a) established, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Luckenbill used the authority of his office by participating in discussions and actions of the Township Board of Supervisors to award contracts for Township paving and road projects to EJB Paving & Materials and Pennsy Supply at a time when it was reasonably foreseeable that LBP, a business with which Luckenbill was associated, would be utilized as an independent hauler on those projects. We further agree with the parties that a violation of Section 1103(a) of the Ethics Act occurred when Luckenbill used the authority of his office by authorizing payments to be issued to LBP by the Township, for services rendered by LBP. The Township has utilized the services of LBP since at least 2007. Between May 4, 2007, and September 23, 2010, nine invoices totaling $8,444.76 were submitted by LBP to the Township. Luckenbill used the authority of his public office when he participated in the approval of bill lists which included the Township’s payments for the aforesaid invoices. Luckenbill also used the authority of his public office when he signed, as an authorized Township signatory, all of the checks issued in payment of the aforesaid invoices except for check number 2265 in the amount of $589.76. The parties have stipulated that LBP realized a private pecuniary gain of $842.93 as a result of Luckenbill participating in approving the aforesaid payments and signing the aforesaid checks issued to LBP. Luckenbill, 11-030 Page 19 We hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Luckenbill used the authority of his office by authorizing payments to be issued to LBP by the Township, for services rendered by LBP. Additionally, a violation of Section 1103(f) of the Ethics Act occurred when Luckenbill and/or LBP entered into contracts with the Township in excess of $500.00 without an open and public process. At least five of the aforesaid nine invoices submitted by LBP to the Township between May 4, 2007, and September 23, 2010, were for hauling services in excess of $500.00 each. Such services were initiated by Roadmaster Fidler. Per the Stipulated Findings and Consent Agreement, the parties are in agreement that no open and public process was observed as to such contracts. Based upon the Stipulated Findings and Consent Agreement, we hold that a violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Luckenbill and/or a business with which he is associated, LBP, entered into contracts with the Township in excess of $500.00 without an open and public process. Turning to the allegations involving Luckenbill’s SFIs, the parties have recommended the finding of a violation of Section 1105(b) of the Ethics Act with respect to Luckenbill’s failure to file SFIs for the 2007 and 2009 calendar years, and his failure to disclose, on an SFI filed for the 2010 calendar year, real estate interests, creditors and gifts. While a violation for failure to file is generally based upon Section 1104(a) of the Ethics Act, such a failure to file would necessarily include a failure to disclose the required information pursuant to Section 1105(b). Cf., Maley, Order 1594. Therefore, we accept the parties’ recommended disposition and hold that a violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Luckenbill failed to file SFIs for the 2007 and 2009 calendar years, and when he failed to disclose, on an SFI filed for the 2010 calendar year, real estate interests, creditors and gifts. We further hold that no violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred as to the allegation of a failure to file an SFI for calendar year 2006, in that the form was timely filed with the Township. As part of the Consent Agreement, Luckenbill has agreed to make payment in the amount of $1,070.49 in settlement of this matter, payable to Wayne Township and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Luckenbill has agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Luckenbill has further agreed to file with the Township, through this Commission, complete and accurate SFIs for calendar years 2007 and 2009 and an amended SFI for calendar year 2010, 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, Luckenbill is directed to make payment in the amount of $1,070.49 payable to Wayne Township and forwarded to th this Commission by no later than the thirtieth (30) day after the mailing date of this adjudication and Order. Luckenbill, 11-030 Page 20 Per the Consent Agreement of the parties, Luckenbill is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Luckenbill is directed to file with the Township, through this Commission, complete and accurate SFIs for calendar years 2007 th and 2009 and an amended SFI for calendar year 2010, by no later than the thirtieth (30) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV.CONCLUSIONS OF LAW: 1. As a Member of the Wayne Township (“Township”) Board of Supervisors from approximately 1983 through December 2012, Respondent Larry Luckenbill (“Luckenbill”) has been a public officialsubject to the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq. 2. Luckenbill violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), when he used the authority of his office by participating in discussions and actions of the Township Board of Supervisors to award contracts for Township paving and road projects to EJB Paving & Materials and Pennsy Supply, Inc. at a time when it was reasonably foreseeable that Luckenbill Brothers Paving Company, a business with which Luckenbill was associated, would be utilized as an independent hauler on those projects. 3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Luckenbill used the authority of his office by authorizing payments to be issued to Luckenbill Brothers Paving Company by the Township, for services rendered by Luckenbill Brothers Paving Company. 4. A violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Luckenbill and/or a business with which he is associated, namely Luckenbill Brothers Paving Company, entered into contracts with the Township in excess of $500.00 without an open and public process. 5. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Luckenbill failed to file Statements of Financial Interests for the 2007 and 2009 calendar years, and when he failed to disclose, on a Statement of Financial Interests filed for the 2010 calendar year, real estate interests, creditors and gifts. 6. No violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred as to the allegation of a failure to file a Statement of Financial Interests for calendar year 2006, in that the form was timely filed with the Township. In Re: Larry Luckenbill, : File Docket: 11-030 Respondent : Date Decided: 4/10/13 : Date Mailed: 4/16/13 ORDER NO. 1617 1. As a Member of the Wayne Township (“Township”) Board of Supervisors, Larry Luckenbill (“Luckenbill”) 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 office by participating in discussions and actions of the Township Board of Supervisors to award contracts for Township paving and road projects to EJB Paving & Materials and Pennsy Supply, Inc. at a time when it was reasonably foreseeable that Luckenbill Brothers Paving Company, a business with which Luckenbill was associated, would be utilized as an independent hauler on those projects. 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Luckenbill used the authority of his office by authorizing payments to be issued to Luckenbill Brothers Paving Company by the Township, for services rendered by Luckenbill Brothers Paving Company. 3. A violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred when Luckenbill and/or a business with which he is associated, namely Luckenbill Brothers Paving Company, entered into contracts with the Township in excess of $500.00 without an open and public process. 4. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred when Luckenbill failed to file Statements of Financial Interests for the 2007 and 2009 calendar years, and when he failed to disclose, on a Statement of Financial Interests filed for the 2010 calendar year, real estate interests, creditors and gifts. 5. No violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred as to the allegation of a failure to file a Statement of Financial Interests for calendar year 2006, in that the form was timely filed with the Township. 6. Per the Consent Agreement of the parties, Luckenbill is directed to make payment in the amount of $1,070.49 payable to Wayne 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. 7. Per the Consent Agreement of the parties, Luckenbill is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 8. To the extent he has not already done so, Luckenbill is directed to file with the Township, through the Pennsylvania State Ethics Commission, complete and accurate Statements of Financial Interests for calendar years 2007 and 2009 and an amended Statement of Financial Interests for calendar year 2010, by no later th than the thirtieth (30) day after the mailing date of this Order. 9. Compliance with Paragraphs 6, 7 and 8 of this Order will result in the closing of this case with no further action by this Commission. Luckenbill, 11-030 Page 22 a. Non-compliance will result in the institution of an order enforcement action. BY THE COMMISSION, ___________________________ John J. Bolger, Chair