HomeMy WebLinkAbout1623 Tvardzik
In Re: Andrew Tvardzik, : File Docket: 13-002
Respondent : X-ref: Order No. 1623
: Date Decided: 10/8/13
: Date Mailed: 10/22/13
Before: John J. Bolger, Chair
Nicholas A. Colafella, Vice Chair
Raquel K. Bergen
Mark R. Corrigan
Roger Nick
Kathryn Streeter Lewis
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 Andrew Tvardzik, a (public official/public employee) in his capacity as a
Supervisor for Paint Township, Somerset County, violated [Sections 1103(a) and
1105(b)(5)] of the State Ethics Act (Act 93 of 1998) when he used the authority of his office
for a private pecuniary gain by appointing himself as a consultant/liaison for the Township
pertaining to various Township sewer and real estate development projects, including, but
not limited to, the renovation/construction of the Township Police department building; and
when he claimed compensation for duties related to his position as Supervisor, including
but not limited to attendance at construction/project meetings, signing checks, [and]
meeting with the public, developers, and Township engineers; and when he subsequently
approved his compensation for hours submitted related to administrative duties; and when
he failed to disclose all direct/indirect sources of income on Statement[s] of Financial
Interests for the 2008, 2009, 2010 and 2011 calendar years.
II.FINDINGS:
1. Andrew Tvardzik has served as a Supervisor for Paint Township (hereafter
“Township”), Somerset County, since January 2008.
a. Tvardzik has served as the Vice-Chairman of the Board of Supervisors from
September 18, 2012, to the present.
Tvardzik, 13-002
Page 2
1. Tvardzik previously served as the Vice-Chairman from January 2008
through December 2009.
b. Tvardzik served as a Secretary/Treasurer from January 2010 to September
18, 2012.
1. The position of Secretary/Treasurer was not specified as being
Secretary/Treasurer for the Board or for the entire Township.
c.Tvardzik previously served on the Township Planning Commission from
2004 to 2007.
1. Tvardzik reviewed and approved various development plans while
serving on the Planning Commission, including residential subdivision
project plans.
2. Professionally, Tvardzik had managed his own building/remodeling business,
“Andrew Tvardzik Building and Remodeling,” since 1975.
a. Tvardzik retired approximately fourteen (14) years ago.
3. Paint Township is a Second Class Township, governed by a three (3) Member
Board of Supervisors (hereafter “Board”).
a. The Board re-organizes each year to appoint a Chairman, Vice-Chairman,
and Secretary/Treasurer.
4. The Board holds regular monthly meetings at the Township Municipal Building on
the third Tuesday of each month.
a. Special meetings are held on an as-needed basis.
5. Voting at Township meetings occurs via a roll call or group aye/nay fashion
depending on the issue at hand.
a. A roll call vote is utilized upon request.
b. A group aye/nay vote is utilized for routine approval of minutes and monthly
expenditures.
c. All objections and abstentions are noted within the minutes.
6. The Second Class Township Code (hereafter “Code”), Section 65606-
Compensation for Supervisors, sets the provision of the supervisors’ salaries based
upon population of the respective township (see 53 P.S. § 65606).
a. The population of Paint Township is 3,300.
b. The annual maximum salary for a Supervisor of Paint Township based on
population per the Code is $1,875.00.
c. In addition to setting maximum supervisor compensation, Section 65606 also
directs that compensation of Supervisors, when employed as Roadmasters,
Laborers, Secretary, Treasurer, Assistant Secretary, Assistant Treasurer or
in any employee capacity not otherwise prohibited, shall be determined by
the Board of Auditors, at an hourly, daily, weekly, semi-monthly or monthly
Tvardzik, 13-002
Page 3
basis, and shall be comparable to compensation paid in the locality for
similar services.
7. Paint Township Supervisors are compensated $25.00 for each regular and/or
special Township meeting attended.
a. Meeting pay is a separate form of compensation from wages earned by
Supervisors in an employee capacity.
b. Meeting pay is not issued to Supervisors for attending Planning Commission,
Sewer/Water Authority, training seminars/conferences, etc.
c. The meeting pay was not established via ordinance.
8. Tvardzik received meeting pay throughout his tenure as a Supervisor for his
attendance at Township Board meetings.
a. Tvardzik received meeting pay for attending regular and special Board
meetings, without exceeding the maximum compensation threshold set for
Supervisors per the Second Class Township Code, Section 65606.
9. The Township employs an office staff, Police Department, Public Works
Department, and Emergency Management Coordinator.
a. The office staff consists of a full-time Office Secretary (Wendy Senior) and
(since January 2011) a full-time Office Clerk (Linda Taormina).
1. The office staff reports directly to the Board of Supervisors.
b. Township employees are members of a collective bargaining unit and
adhere to contractual agreements between the unit and the Township.
10. The office staff has historically performed the duties of a Township
Secretary/Treasurer/Administrator with the exception of signing Township checks.
a. A Member of the Board of Supervisors has held the official title of
Secretary/Treasurer.
11. Signature authority over Township financial accounts is maintained by all three (3)
Supervisors.
a. Township checks require the combined live signatures of any two authorized
signatories.
1. Signature stamps are not utilized.
12. The office staff is responsible for the generation of Township meeting minutes.
a. Handwritten notes taken contemporaneous with the meeting are utilized to
assist in drafting meeting minutes.
1. Township meetings are not audio recorded.
b. The previous meeting’s minutes are provided to the Supervisors for review
prior to the next regular monthly meeting.
Tvardzik, 13-002
Page 4
1. The minutes of each meeting are approved for accuracy at the
subsequent regular meeting.
13. The office staff is responsible for the timely payment of Township bills.
a. Upon receipt of an invoice, a Township check will be drafted, sometimes
between meeting dates, in preparation for signing by a Township Supervisor.
b. Invoices are generally reviewed by the Supervisors signing the check at the
time it is presented by Township staff.
1. Invoices are available for Supervisors to review prior to signing any
check.
2. Invoices are not reviewed by the entire Board prior to a check being
issued for payment.
14. The office staff compiles a meeting packet for each Supervisor prior to each regular
monthly meeting, that is made available by the day of meeting.
a. The packet includes a meeting agenda, the previous month’s minutes, a
financial report, police report, and various correspondences.
b. The packet is placed by staff in the Supervisor’s mailbox located in the
office.
c. The packet does not include payroll information.
15. The office staff is responsible for the generation/distribution of Township payroll.
a. Township employees submit timesheets to the office staff for payroll
purposes.
1. Timesheets represent work completed for the past two (2) week
period.
b. The office staff inputs information from timesheets into a Quickbook program
for issuance of paychecks.
c. Paychecks are issued to employees on a bi-weekly basis.
16. Payroll checks are approved upon review of the respective timesheet(s) and the
signing of the checks by any two (2) of the three (3) Supervisors.
a. Supervisors are to review and initial employee timesheets for each pay
period falling between regularly scheduled meetings.
b. Paychecks are signed by any available Supervisor, upon review of the
timesheets.
c. Payroll is not approved as a line item/regular motion at Township Board
meetings.
17. The Board may appoint Supervisors to serve as Township employees, per the
Township Code, Section 65602.
Tvardzik, 13-002
Page 5
a. Historically, the Board has appointed any Supervisors who will serve in an
employee capacity for the Township during the annual Supervisors re-
organization meeting.
b. The Board typically appoints a Supervisor(s) to serve as the Township
Roadmaster.
c. The Board appoints the remaining Supervisors to work on an “as-needed”
basis for the Township, via a motion separate from the appointment of the
Roadmaster.
1. The Board does not identify the type of work the Supervisor(s) are to
perform in order to receive compensation.
2. The Board likewise does not limit the number of hours a Supervisor
can claim while working on an “as-needed” basis.
d. The Township does not have a job description for the Roadmaster or the
"as-needed” working Supervisors.
18. The Second Class Township Code, Section 65901-Township Auditors, Meetings,
Duties, and Quorum, states that the board of auditors shall determine the
compensation for any Supervisor employed by the township.
19. The Auditors have annually established the compensation for Supervisors working
as Township employees at the Auditors’ annual re-organization meeting.
a. The Township Auditors have consistently set the wage and benefits for the
Roadmaster pursuant to a specific motion.
b. The Auditors’ minutes identify the Supervisors as having the option of
accepting the Township labor wages for any time worked “as-needed.”
1. The Auditors do not identify or discuss the type of work the
Supervisor(s) are to perform in order to receive hourly compensation.
2. The Auditors do not limit the number of hours a Supervisor can claim
for compensation.
c. Tvardzik, as a Township Supervisor, attended the Auditors meetings from
2009 to 2012.
20. The Auditors have specified that, in order for a Supervisor to be compensated, the
remaining two (2) Supervisors must approve the hours/timesheet.
a. The requirement is consistently noted in the annual minutes of the Auditors’
re-organization meetings.
b. The Board has not consistently followed the Auditors’ requirement regarding
Supervisor approval of working Supervisor timesheets prior to issuance of a
paycheck.
c. The Auditors have not enforced those requirements regarding approval of
working Supervisor timesheets prior to receipt of compensation.
21. The Board regularly appoints a Supervisor to serve as the Township
Secretary/Treasurer, in accordance with Sections 65701 and 65802 of the Code.
Tvardzik, 13-002
Page 6
a. The Township does not have a specific job description for the Supervisor
appointed as Secretary/Treasurer.
22. Section 65802 of the Code lists the Township Secretary’s duties as follows:
a. Record the proceedings of the board of supervisors and all court orders
relative to the laying out, opening and vacating of roads in a minute book.
b. Preserve the minute book and other records and turn them over to the
successor in office.
c. With the consent of the board of supervisors and in conformity with other
laws governing the retention and disposition of municipal records, have the
authority to destroy records and papers of the township other than the
minute book and account book after the lapse of six (6) years from the date
of the records.
d. Inform supervisors of all township meetings, including special meetings of
the board of supervisors.
23. Section 65704lists the Township Treasurer's dutiesas follows:
a. Receive all moneys due the township and deposit them promptly in a
designated depository in the name of the township.
b. Keep distinct and accurate accounts of all sums received from taxes and
other sources, which accounts shall be open to the inspection of the board of
supervisors and any citizen of this Commonwealth.
c. Pay out all moneys of the township only on direction by the board of
supervisors.
d. Annually state the accounts and make them available to the board of
auditors for settlement.
e. Preserve the account books, papers, documents and other records of the
office and turn them over to the successor in office.
24. Both Sections 65703 and 65803 require that the Board of Auditors set
compensation for a Supervisor performing the duties of the Township
Secretary/Treasurer.
a. The Township Auditors were not familiar with provisions of the Second Class
Township Code, specifically related to Supervisors compensation.
b. The day-to-day operations (i.e. meeting packet preparation, accounts
payable/receivable, retrieving mail, payroll processing) are completed by the
office staff.
25. Despite a requirement in the Code, between 2008 and 2012 the Township Auditors
did not set the compensation for a Supervisor appointed as Secretary/Treasurer.
a. The Township Supervisor appointed as Secretary/Treasurer historically has
not claimed or received an hourly wage for performing
Supervisor[sic]/Treasurer duties.
Tvardzik, 13-002
Page 7
b. Traditionally, the appointment of the Secretary/Treasurer position was
merely a naming of a Board officer position, and was not an appointment to a
Township employment position.
THE FOLLOWING FINDINGS ARE IN RELATION TO TVARDZIK ASSUMING THE
POSITION OF TOWNSHIP CONSULTANT/LIAISON FOR VARIOUS TOWNSHIP
DEVELOPMENTS.
26. Tvardzik and Supervisor Kenneth Holsopple were appointed by the Board as part-
time or “as-needed” working Supervisors at the January 2008 Supervisors re-
organization meeting.
a. The Township does not have a job description for a part-time working
Supervisor.
1. Part-time working Supervisors were to work “as-needed” by the
Township.
b. Holsopple also served as the appointed Township Secretary/Treasurer in
2008.
1. Holsopple did not submit timesheets or receive compensation as a
part-time working Supervisor, nor was he compensated in relation to
his position as the appointed Township Secretary/Treasurer.
27. The Township Auditor minutes covering the time period of 2008 to 2012 identify the
wages set by the elected Auditors for the Township Supervisors, including Tvardzik,
as listed below:
Year Approved Supervisor Wages
2008 Roadmaster David Blough-$15.90/hour, with benefits.
Auditors:
Edythe F. Zschoche Wages for other Supervisors Ken Holsopple and Tvardzik
have the option to accept labor’s wages for their time if so
Lorraine Hissong desired. Each Supervisor submitting hours for compensation
must have two other Supervisors approve the hours before
Walter Boziak being paid.
(absent)
2009 Roadmaster David Blough-$16.40/hour, with benefits.
Auditors:
Edythe F. Zschoche Wages for other Supervisors Ken Holsopple and Tvardzik
have the option to accept labor’s wages for their time if so
Lorraine Hissong desired. Each Supervisor submitting hours for compensation
must have two other Supervisors approve the hours before
Vacancy being paid.
2010 Roadmaster David Blough-$16.90/hour, with benefits.
Auditors:
Edythe F. Zschoche Wages for other Supervisors Joseph Huff and Tvardzik are
the same as labor wages for their time if so desired
Lorraine Hissong ($15.18/hour). Each Supervisor submitting hours for
compensation must have two other Supervisors approve the
Michael McCracken hours before being paid.
2011 Roadmaster David Blough-$17.40/hour, with benefits.
Auditors:
Edythe F. Zschoche Wages for other Supervisors Joseph Huff and Tvardzik are
(absent) the same as labor wages at $15.68/hour. Each Supervisor
submitting hours for compensation must have two other
Tvardzik, 13-002
Page 8
Year Approved Supervisor Wages
Lorraine Hissong Supervisors approve the hours before being paid.
Michael McCracken
2012 Roadmaster David Blough-$716.00/weekly, with benefits.
Auditors:
Lorrie Polash Wages for other Supervisors Huff and Tvardzik are the same
as labor wages at $16.18/hour. Each Supervisor submitting
Lorraine Hissong hours for compensation must have two other Supervisors
approve the hours before being paid. These wages go in
Michael McCracken effect February 2012.
28. In 2008, the Auditors approved an hourly wage for Tvardzik and Holsopple
equivalent to the laborer wage.
a. The Township’s non-supervisor laborer wage set in 2008 for Tvardzik and
Holsopple was $14.18.
b. The Auditors did not specify whether the hourly wage was set in regards to
working Supervisor compensation or as the Secretary/Treasurer.
1. The Auditors did not approve a separate hourly wage for Holsopple in
regard to his appointment as the Secretary/Treasurer.
29. The Auditors approved an hourly wage for Tvardzik in 2008, with the expectation
Tvardzik would be compensated for performing “as-needed” work for the Township.
a. The Auditors did not set any parameters regarding the specific type of work
for which Tvardzik could claim compensation.
30. Between 2000 and 2008, several residential subdivision projects were initiated
within the Township.
a. Any residential subdivision project would require the approval of
development plans by the Planning Commission and the Board of
Supervisors.
b. Residential subdivision projects prior to 2008 were administered collectively
by the Township Engineers, Supervisors, and the respective developers.
1. At the time of the last residential subdivision project, all three (3)
Supervisors were appointed Roadmasters.
31. As of January 2008, there were two (2) major residential subdivision projects
(Winchester Estates and RidgeView Estates/Ramblin Hills) pending within the
Township.
a. Ground breaking had not begun on either project as of January 2008.
32. The Township Sewer Disposal System Rules and Regulations (hereafter “Township
Sewer Rules”), adopted July 30, 1990, and revised March 2008, set the fees, rates,
and testing/inspection parameters of Township sewer systems for new and existing
developments.
a. Township Sewer Rules, Article XII-Section 1214 to 1218, require the developer
of a sewage line to reimburse the Township for all costs associated with the
plan review, inspections, testing, and legal fees.
Tvardzik, 13-002
Page 9
33. The Township Sewer Rules were applicable to the Winchester Estates and
RidgeView Estates/Ramblin Hills residential subdivision projects.
a. Tvardzik had notified and discussed the inspection requirements/fees with
the project developers for Winchester Estates and RidgeView
Estates/Ramblin Hills prior to construction.
b. The residential subdivision projects required inspections of the
developments’ infrastructure, specifically sewer/water lines, manholes, and
roads.
1. The Township was responsible for the inspections of the sewer lines,
manholes, and roads, while the local water authority (Windber
Authority) inspected the waterlines.
2. Any one of the available Supervisors/Roadmasters was authorized to
perform sewer inspections.
3. Tvardzik participated in Board discussions regarding visual inspection
of the gravel depth and grade requirements in early 2008.
c. The Township ultimately assumed ownership of the sewer system and roads
upon completion of the subdivision projects.
34. Tvardzik had extensive knowledge of the Winchester Estates residential subdivision
project in 2008, as a result of reviewing project plans and designs while serving on
the Township Planning Commission.
35. The Board had discussed the Township and developer requirements pertaining to
the residential subdivision projects during regular Township public meetings in early
2008.
a. In discussions with the Board, Tvardzik offered to serve as a
consultant/liaison between the developers/investors and the Township
Engineer for the residential subdivision projects.
b. The other Supervisors informally accepted Tvardzik’s offer and agreed that
Tvardzik would serve as the consultant/liaison between the Township and
respective parties associated with the projects (i.e., developers, contractors,
engineers).
1. The Board took no official action to appoint Tvardzik as the
consultant/liaison.
c. As consultant/liaison, Tvardzik would also conduct inspections of sewer
lines, manholes, etc.
1. The Board considered hiring an inspector, but concerns surrounding
the financial costs and availability of an inspector influenced the
Board to utilize Tvardzik.
2. Tvardzik’s services were believed to cost less than that of a
contracted inspector.
Tvardzik, 13-002
Page 10
3. The remaining Board Members agreed during a public meeting to
have Tvardzik perform sewage inspections, and for him to be
compensated at the Roadmaster hourly wage.
4. The Board did not take official action on Tvardzik serving as the
Inspector or project consultant/liaison.
36. The Board was not actively advertising or soliciting for applicants to serve as a
consultant/liaison for the project(s) at the time in 2008 when Tvardzik assumed the
role.
a. The Supervisors were in agreement that a consultant/liaison for the
project(s) would be beneficial to the Township.
b. The Supervisors expected Tvardzik to submit timesheets and receive
compensation for any of Tvardzik’s work associated with the subdivision
projects.
37. At the February 4, 2008, regular meeting of the Township, Tvardzik reported as
having met with Winchester Estates developer John Rugg to discuss inspection
requirements for the development.
a. Tvardzik specifically discussed the visual inspection requirements,
construction drawings, as-built drawings, Inspector’s responsibilities, and
inspection fees.
b. Tvardzik, acting as the Township consultant/liaison with the project
developers, was the only Supervisor who met with Rugg regarding the
inspection requirements.
38. Between May 19 and November 22, 2008, Tvardzik, acting as the Township
consultant/liaison with the project developers, performed visual inspections of
sewer lines and manholes at Winchester Estates and RidgeView Estates residential
subdivision projects with the expectation of being compensated.
a. The visual inspections were agreed upon between the respective project
developers and the Board in accordance with the Township Sewer Rules.
1. Project developers/contractors regularly contacted the Township
building to inform Tvardzik when the visual inspections were needed.
2. Tvardzik completed the inspections with the developers/contractors
based on his availability.
b. The daily visual inspections consisted of a visual check of the gravel depth
and grade surrounding the sewer lines.
1. The daily visual inspections were not required to be performed by a
certified Engineer or Inspector.
39. From January to May 2008, Tvardzik performed various administrative duties
without compensation, in addition to consultant/liaison services, for the residential
subdivision projects, at the Township building on a daily basis.
a. Making/receiving phone calls for Township business;
b. Signing Township checks;
Tvardzik, 13-002
Page 11
c. Monitoring resident complaints/questions;
d. Generating Township correspondences;
e. Reviewing Township related paperwork; and
f. Arranging and/or attending meetings with State Representatives, project
developers, and Township Engineers.
40. Tvardzik regularly provided updates and answered questions at Township meetings
throughout 2008, relating to various Township projects/issues, including PENN Vest
grant application status regarding funding of a sewer expansion project, which was
a separate project being pursued by the Township and was not related to any of the
ongoing residential subdivision projects.
41. Tvardzik typically worked at the Township building from approximately 8:00
a.m./8:30 a.m. to noon.
a. The remaining Supervisors were aware of Tvardzik working at the Township
building.
b. Tvardzik worked at the Township building without being directed to do so by
the Board.
c. At times, Tvardzik worked past noon based on work load or scheduled
inspections.
42. Tvardzik did not submit timesheets or receive compensation from January through
May 18, 2008, for any laborer or administrative duties.
43. Starting on or about May 19, 2008, Tvardzik began submitting timesheets for
various duties, including performing the daily visual inspections for the Winchester
Estates and RidgeView Estates residential subdivision projects, as well as other
administrative functions.
a. Administrative tasks for which Tvardzik sought compensation from the
Township include, but are not limited to, the following:
1. Obtaining and providing project plans to DEP and county
representatives for review.
2. Managing resident complaints/issues associated with a storm water
run-off at RidgeView Estates.
3. Authorizing and/or arranging the release of necessary permits
associated with RidgeView Estates.
44. In 2008, Tvardzik submitted two invoices (#1206 and #1222) totaling $3,124.35
(excluding mileage) to the Township office, seeking payment for the daily visual
inspections he performed at Winchester Estates covering the time period of May 19
to August 16.
a. The information from the invoices was utilized by the office staff to bill
Winchester Estates for inspection costs incurred by the Township, and to
generate Tvardzik’s paychecks.
Tvardzik, 13-002
Page 12
b. The invoices listed the description of work, hours claimed, hourly rate,
mileage reimbursement, and total amount owed.
45. Tvardzik listed on invoices submitted to the developers the Roadmaster’s hourly
wage and not the laborer’s hourly wage as was approved for him by the Auditors.
a. The invoices were not initialed or signed by any of the remaining
Supervisors as having been reviewed/approved.
b. The remaining Supervisors were aware that Tvardzik performed the daily
inspections, with the expectation Tvardzik would be compensated for the
work.
46. The Winchester Estates ownership group, Wessley LLC, issued two (2) payments
to the Township via check #10022 and #10023, both dated October 28, 2008, in the
total amount of $3,303.18.
a. The checks were deposited into the Township’s general fund account.
b. The check payments memo listed “Inspection fee for subdivision.”
c. The payment by Wessley LLC is not exclusive to Tvardzik’s submitted
invoices, and accounts for the approved overpayment.
47. Tvardzik submitted two (2) undated invoices totaling $975.80 to the Township office
staff associated with work performed specifically for RidgeView Estates which
included telephone calls and meeting with developers, and obtaining and providing
project plans for DEP and county representatives, in addition to performing
inspections.
a. Information from the invoices was utilized by the office staff to bill RidgeView
Estates for costs incurred by the Township and to generate Tvardzik’s
paychecks.
b. The invoices listed the work performed and the total amount of hours to
complete the work.
c. The specific amount of time in performing the inspections was not detailed
on the invoices.
d. The invoices were not initialed or signed by any of the remaining
Supervisors as having been reviewed/approved.
e. The invoices were not dated or numbered.
f. The invoices were billed at the 2008 Roadmaster’s hourly rate of $15.90.
g. Tvardzik made a mathematical error on the invoices, resulting in an invoice
total of $975.80; however, the actual fee should have been listed as
$985.80.
48. RidgeView Estates made payment to the Township via check #4, dated January 9,
2009, in the amount of $1,178.00.
a. The check was deposited into the Township’s general fund account by the
office staff.
Tvardzik, 13-002
Page 13
b. The check payment memo lists “Andy’s Time.”
c. The payment made by RidgeView Estates is not exclusive to Tvardzik’s
submitted invoices and accounts for the approved overpayment.
49. During 2008, Tvardzik was issued a total of three (3) paychecks from the Township
totaling $4,110.15 for hours claimed on invoices submitted in relation to the
Winchester Estates and RidgeView Estates residential subdivision projects, as
detailed below:
Check Pay Period Check No. Signatures Gross Hours Mileage/
Date Amount Reimbursement
08-06-08 7/20-8/2 20497 DB/AT 2,830.20 178 409.45
09-23-08 8/31-9/13 20615 DB/AT 294.15 18.5 69.69
11-24-08 11/09-11/22 20798 DB/AT 985.80 62 106.05
Total $4,110.15 258.5 $585.19
Signatures: DB-David Blough; AT-Andy Tvardzik
a. Tvardzik was compensated at the hourly wage of the Township Roadmaster
in 2008 ($15.90) and not his set “as-needed” hourly wage of $14.18 as set
by the Auditors.
1. Tvardzik listed the Roadmaster’s 2008 hourly wage of $15.90 on his
invoices submitted for payment.
b. The paychecks issued to Tvardzik totaling $4,110.15 did not include mileage
reimbursement.
50. Tvardzik’s total compensation at the Auditors’ approved 2008 “as-needed” hourly
rate would have been $3,665.53 (258.5hrs. X $14.18/hr).
a. Tvardzik received an additional $444.62 ($4,110.15 - $3,665.53) by
receiving the Roadmaster’s hourly wage as opposed to his “as-needed”
working Supervisor wage in 2008.
1. Tvardzik was not appointed Roadmaster by the Board of Supervisors
in 2008 but claimed the Roadmaster hourly rate when submitting
invoices.
b. The office staff processed Tvardzik’s pay at the Roadmaster’s hourly rate,
without having been instructed by any remaining Supervisor to do so.
1. The office staff did not question Tvardzik about the information listed
on the invoices, including the Roadmaster’s hourly wage he claimed.
2. The office staff did not receive or process paychecks for any other
Supervisors in the past for performing inspections or administrative
services similar to the work that had been completed by Tvardzik.
c. The Board of Supervisors had informally agreed that Tvardzik be
compensated at the Roadmaster rate.
51. Tvardzik consistently signed paychecks issued to himself in 2008, as an authorized
Township signatory, even though the hourly rate he received ($15.00) was not the
approved hourly rate ($14.18) set by the Auditors.
Tvardzik, 13-002
Page 14
a. Tvardzik endorsed Township paychecks issued to him in 2008, and
deposited the paychecks into his personal bank account at Slovenian
Savings and Loan Association (account #[number redacted]), or paychecks
were cashed by Tvardzik at the Slovenian Savings and Loan Association,
Windber, Pennsylvania branch location.
1. Tvardzik and his spouse are the authorized signatories for Slovenian
Savings and Loan Association account #[number redacted].
b. Tvardzik did not question any Township officials as to what hourly wage he
should be compensated.
c. In 2008, Tvardzik claimed hourly wages that were not authorized by the
Auditors and subsequently approved the respective paychecks that
compensated him at an unauthorized hourly rate.
52. In 2008, Tvardzik received compensation totaling $4,110.15asa result of his
submission of invoices for hours worked, which included inspection duties,
permitting, development plans and managing residential complaints.
a. 2008 W-2 Wage and Tax Statements issued to Tvardzik confirmed
compensation totaling $4,110.15.
53. At the January 2009 Supervisors re-organization meeting, the Board appointed
Supervisor David Blough as the only Township-employed Supervisor.
a. In 2009, the Board of Supervisors did not specifically appoint Tvardzik or
any other Supervisor as a Township employee.
1. The 2009 re-organization minutes only list the appointment of Blough
as a full-time/part-time/as-needed Township employee in the position
of Roadmaster.
54. In 2009, the Auditors approved an hourly wage for Tvardzik equivalent to the
Township laborer’s wage.
a. The Township laborer’s wage in 2009 was $14.68.
55. The Auditors approved an hourly wage for Tvardzik in 2009, in the event that
Tvardzik was appointed to perform “as-needed” Township duties.
a. The Auditors approved an hourly wage for Tvardzik in 2009, without
specifically identifying the type of work he could claim to be compensated or
the number/limit of hours he could claim.
b. The Auditors do not regularly review the Board of Supervisors re-
organization minutes, nor do they receive any additional information from the
Supervisors that may assist in determining which Supervisors are appointed
as Township employees.
c. The Auditors believed the two (2) remaining Supervisors were considered
part-time/as-needed Township employees.
56. In 2009, Tvardzik worked from the Township building on weekdays and continued
to perform administrative functions relating to various Township projects, including
consultant/liaison work relating to the residential subdivision projects, and the day-
to-day operations of the Township.
Tvardzik, 13-002
Page 15
a. Tvardzik typically worked from approximately 8:00 a.m./8:30 a.m. to noon.
57. In 2009, Tvardzik regularly submitted descriptive bi-weekly timesheets that listed
his work performed, which included but was not limited to the following:
a. Visual inspections of sewer lines and manholes;
b. Making/receiving phone calls for Township business;
c. Signing Township checks;
d. Monitoring resident complaints/questions;
e. Generating Township correspondences;
f. Reviewing Township paperwork and bills;
g. Arranging and/or attending meetings with State Representatives, project
developers, and Township Engineers; and
h. Researching/reviewing grant applications.
58. Tvardzik claimed on his descriptive timesheets in 2009 as having worked a total of
697.15 hours.
a. The timesheets documented that Tvardzik performed a total of 85.5 hours of
inspections at RidgeView Estates and Ramblin Hills in 2009.
59. Tvardzik regularly gave updates at Township meetings in 2009 relating to Township
projects/issues, including financial assistance for local fire companies, and PENN
Vest grant application status for funding of the sewer expansion project.
a. At the February 17, 2009, regular Township meeting, Tvardzik and Blough
reported as having met with officials from local fire companies regarding the
Township providing financial assistance.
b. At the May 4, 2009, regular Township meeting, Tvardzik reported that he
would arrange meetings with county and state legislatures [sic] in regard to
obtaining grant funding for the sewer expansion project.
c. At the June 15, 2009, regular Township meeting, Tvardzik reported that he
met with Representative Richard Kasunic in regard to applying for PENN
Vest and H2O grants.
d. The above listed items were consistent with the duties and responsibilities of
a Township Supervisor.
60. In 2009, Tvardzik submitted nineteen (19) timesheets to the office personnel
detailing the work he performed throughout each pay period.
a. Eighteen (18) of the nineteen (19) timesheets were not initialed/signed by
the other two (2) Supervisors for approval as was required by the Auditors.
1. Tvardzik routinely initialed/signed his own timesheets that were
submitted for payroll processing.
Tvardzik, 13-002
Page 16
61. In 2009, Tvardzik was issued a total of nineteen (19) paychecks, in the total amount
of $11,160.47, for claimed hours worked, which included administrative work
performed at the Township.
a. Tvardzik received compensation at the hourly rate set by the Auditors for
Township laborers.
b. Tvardzik’s compensation did not include mileage reimbursement.
62. Tvardzik signed all nineteen (19) paychecks issued to himself in 2009, as an
authorized Township signatory.
a. Tvardzik endorsed all nineteen (19) Township paychecks issued to him in
2009.
b. Tvardzik’s paychecks were deposited into Tvardzik’s Slovenian Savings and
Loan Association personal bank account or cashed by him at the Slovenian
Savings and Loan Association, Windber, Pennsylvania branch location.
63. Tvardzik’s 2009 Township compensation totaled $10,235.63 as a result of his
submission of bi-weekly timesheets for hours worked which included time related to
his position as a Township Supervisor and his role as the consultant/liaison for the
residential subdivision projects.
a. 2009 W-2 Wage and Tax Statements issued to Tvardzik confirmed
compensation totaling $10,235.63.
64. At the January 2010 Supervisors re-organization meeting, Tvardzik was appointed
as the Township Secretary/Treasurer.
65. Supervisors who served as the Township Secretary/Treasurer prior to Tvardzik’s
appointment were not compensated for performing duties as the
Secretary/Treasurer.
a. Supervisors appointed as Secretary/Treasurer usually performed few duties
related to the position that would require compensation.
b. The Auditors historically have not set a wage/benefits specific for the
Township Secretary/Treasurer.
1. The Auditors routinely set wage/benefits for the Township
Roadmaster and Supervisors who are considered as an “as-needed”
employee.
2. The Auditors approve an hourly wage for Supervisors working on an
“as-needed” basis with the understanding the Supervisor can receive
compensation for work relating to the Township.
66. The Auditors did not approve a specific wage/benefit for Tvardzik in his position as
the Secretary/Treasurer.
a. The Auditors approved an hourly wage for Tvardzik at the same hourly wage
as received by Township laborers, $15.18/hour.
1. The Auditors approved an hourly wage for Tvardzik in 2010, with the
expectation Tvardzik would be compensated by the Township for
related work.
Tvardzik, 13-002
Page 17
b. The Auditors approved an hourly wage for Tvardzik in 2010 in the event
Tvardzik was appointed as a Township employee at the Board’s 2010 re-
organization meeting.
67. Throughout 2010, Tvardzik continued to work on weekdays at the Township
building performing work related to various Township projects, including residential
subdivision projects and a PENN Vest funded sewer expansion project as the
Township’s consultant/liaison.
a. Tvardzik typically worked from approximately 8:00 a.m./8:30 a.m. to noon.
68. The type of duties completed by Tvardzik throughout 2010 was similar to the work
he had completed in 2008 and 2009, including:
a. Visual inspections of sewer lines and manholes;
b. Making/receiving phone calls for Township business;
c. Signing Township checks;
d. Monitoring resident complaints/questions;
e. Generating Township correspondences;
f. Arranging and/or attending meetings with State Representatives, project
developers, and Township Engineers; and
g. Researching/reviewing grant applications.
69. From 2008 to 2010, the Township Engineering firm, The EADS Group, arranged
and monitored the technical pressure tests of the sanitary sewer system for the
Winchester Estates and RidgeView Estates/Ramblin Hills developments.
a. The technical pressure tests were required to be completed in accordance
with the Township Sewer Rules.
b. The tests were arranged after Tvardzik completed the visual inspections.
c. Tvardzik was not certified to perform the technical pressure tests.
d. Tvardzik included time observing the technical pressure tests on behalf of
the Township on his 2008 and 2009 invoices and timesheets.
70. Project developers of Winchester Estates and RidgeView Estates/Ramblin Hills
made payments to the Township, throughout the project, to cover Township costs
(i.e., legal and engineering fees, inspections costs), in accordance with the
Township Sewer Rules, Article XII-Section 1214 to 1218.
a. Payments were received at the Township building and deposited by the
office staff into the Township’s general fund account.
b. Payments received by the Township from the developers included the costs
of the daily inspections performed by Tvardzik.
71. Total payments received by the Township from the developers covering the time
period of 2008 to 2010 are as follows:
Tvardzik, 13-002
Page 18
Year Payments
2008 $6,545.39
2009 $14,000.00
2010 $4,000.00
Total $24,545.39
a. The $24,545.39 paid to the Township includes amounts the Township paid
to Tvardzik for completing inspections at Winchester Estates and RidgeView
Estates and various administrative tasks relating to RidgeView Estates.
72. By early 2010, the Board had discussed and agreed to pursue an addition to the
Township’s Police building.
a. Tvardzik was present at the Board meeting and participated in the
discussions, expressing his interest in pursuing the project.
73. Tvardzik contacted Pawlowski and Haman Architects sometime prior to April 22,
2010, requesting development designs for the addition to the Township’s Police
building.
a. Pawlowski and Haman Architects responded to Tvardzik’s request on or
about April 22, 2010, with schematic and development designs for the
addition to the Township’s Police building.
b. Pawlowski and Haman Architects had provided the architectural drawings for
the initial Township and Police buildings in the early 2000s.
74. In addition to the schematic and development designs, Pawlowski and Haman
Architects offered to perform administrative services for the Township for the
project, which included but were not limited to:
a. Observe, review and report on construction progress;
b. Attend scheduled project meetings;
c. Review shop drawings as requested;
d. Review payment and process change requests; and
e. Assist in obtaining final project closeout documents.
75. Pawlowski and Haman Architects charged a fee of approximately twenty-five
percent (25%) of their total costs for administrative services.
a. Pawlowski and Haman Architect estimated an administrative fee for the Paint
Township Police building project of approximately $6,000.00.
1. Pawlowski and Haman estimated that total costs for the project were
$23,160.00.
76. Tvardzik informed Eash (Project Manager for JPT) that he (Tvardzik) would be
Project Administrator due to his construction background.
77. In or about April 2010, Tvardzik began performing the administrative duties for the
Police building project, in addition to the various other administrative duties he was
Tvardzik, 13-002
Page 19
performing for the Township, at or about the same time that Pawlowski and Haman
Architects offered to perform administrative services in relation to the project.
a. The remaining Supervisors were aware of and permitted Tvardzik to perform
the administrative duties for the project, with the expectation Tvardzik would
be compensated.
1. The Supervisors did not take any official action in approving/
appointing Tvardzik to be the project administrator.
78. During 2010, Tvardzik submitted non-descriptive, bi-weekly timesheets to the
Township which documented only the hours he worked each day, without detailing
the specific work performed.
a. Tvardzik claimed to have worked a total of 1,062.5 hours in 2010.
b. Tvardzik approved all of his timesheets in 2010.
1. The other Supervisors approved timesheets on two occasions in
2010.
c. Although Tvardzik did not complete descriptive timesheets in 2010, project
notes of RidgeView Estates and Ramblin Hills document Tvardzik performing
a total of 72 hours of inspections from November 17, 2009, to October 19,
2010.
d. None of the timesheets submitted by Tvardzik detailed duties performed.
79. In 2010, Tvardzik was issued a total of twenty-five (25) paychecks totaling
$16,079.00, as a result of submitting timesheets claiming hours for work performed,
including administrative duties, on behalf of the Township.
a. Tvardzik received compensation at his 2010 hourly rate of $15.18 as
approved by the Auditors.
80. Tvardzik signed twenty-four (24) of the Township paychecks issued to himself in
2010, as an authorized Township signatory.
a. Tvardzik’s paychecks were deposited into his personal bank account
(account #[number redacted]) or were cashed by Tvardzik at the Slovenian
Savings and Loan Association, Windber Branch.
81. For 2010, Tvardzik received compensation totaling $16,079.00, as a result of his
submission of non-descriptive, bi-weekly timesheets which included hours worked
that were directly related to his position as a Township Supervisor, and his role as
the consultant/liaison for the residential subdivision projects, sewer expansion
projects, and/or Township Police building expansion project.
a. 2010 W-2 Wage and Tax Statements issued to Tvardzik confirmed
compensation totaling $16,079.00.
82. Prior to 2010 the Township did not provide its residents with a public sanitary sewer
system.
a. Only a limited number of Township residents had access to an integrated
sanitary sewer system.
Tvardzik, 13-002
Page 20
1. The majority of residents utilized on lot/septic systems.
b. The Township had regularly inquired about/applied for PENN Vest funding
without success in the years leading up to 2010.
c. The Township was notified by PENN Vest in April 2010 that it was awarded
funding for a sewer expansion project.
d. The Board approved the Township Engineer (The EADS Group) proposal for
the PENN Vest funded sanitary sewer project at the May 18, 2010, regular
meeting.
e. Tvardzik performed administrative functions related to the application
process for PENN Vest funding.
83. At an October 25, 2010, special meeting, the Supervisors approved Resolution
2010-10 declaring the official intent of the Township to reimburse an interim loan
through First Commonwealth Bank (loan account # [number redacted]) in the
amount of one million dollars for the sewer project.
a. The interim loan was obtained to provide readily accessible funds in
association with the sewer project.
b. Tvardzik executed the Resolution as the Secretary/Treasurer and took part
in the unanimous approval of Resolution 2010-10.
84. The procedures for the disbursement of funds from the interim loan were as follows:
a. Requisitions were generated by the office staff at the direction of a
Supervisor;
b. The requisition was forwarded to First Commonwealth Bank for approval;
c. Once approval was given, the office staff generated the respective check
payment;
d. The check payment was signed by any two of the three Supervisors.
85. Requisitions for payments from the interim loan account were completed by the
Township office staff at the direction of Tvardzik, or on occasion, one of the
remaining Supervisors, and then submitted to First Commonwealth Bank for the
appropriate approval of disbursement of funds.
a. Tvardzik was also the Township Secretary/Treasurer at the time he gave
direction to staff to complete the requisitions.
b. Interim loan requisitions required the signatures of the Board Chairman,
Solicitor, and Township Engineer, and attestation of the Township
Secretary/Treasurer.
c. Interim loan requisitions were most often completed and submitted to First
Commonwealth Bank by the office staff at Tvardzik’s direction.
1. Occasionally interim loan requisitions were completed and submitted
to First Commonwealth Bank by the office staff at the direction of the
remaining Supervisors.
Tvardzik, 13-002
Page 21
d. Requisitions were subsequently reviewed and approved for submittal by the
Board of Supervisors at the following regular meeting.
86. At the January 2011 Supervisors re-organization meeting, Tvardzik was re-
appointed as the Township Secretary/Treasurer.
a. The 2011 re-organization meeting minutes do not list the appointment of
Tvardzik to any other Township position.
87. In 2011, the Auditors set Tvardzik’s wage at $15.68/hour, which was the same as
the Township laborer’s hourly wage.
a. The Auditors approved the hourly wage for Tvardzik with the expectation
Tvardzik could perform work for the Township and be compensated.
b. The Auditor minutes did not set a specific wage/benefits in relation to the
Township Secretary/Treasurer.
88. During 2011, Tvardzik continued to work at the Township building on weekdays and
performed consulting/liaison work related to various Township projects, to include
the residential subdivisions projects, sewer expansion project, and performed the
“administrative” duties associated with the Township Police building expansion
project.
a. Some of the duties were consistent with the position of Secretary/Treasurer.
b. Tvardzik typically worked from approximately 8:00 a.m./8:30 a.m. to noon.
89. On or about January 18, 2011, Tvardzik directed Township Office Secretary Senior
to complete interim loan requisition #13 (hereafter “Req. 13”) in the amount of
$29,500.00.
a. The $29,500.00 requisition included $16,000.00 for the wages paid to
Tvardzik by the Township in 2010 for services performed in association with
the sewer project, as well as other administrative duties performed by
Tvardzik.
1. Tvardzik submitted Township paystub #22890 to Senior in justification
of the requested amount of $16,000.00.
2. Paystub #22890 included Tvardzik’s year-to-date salary (as of
November 23, 2010) as being $15,578.06.
aa. Tvardzik’s 2010 earnings totaled $16,079.00.
90. Req. 13 was signed by Tvardzik both as the Secretary/Treasurer and as the Board
Chairman.
a. Blough was the Board Chairman in 2011.
91. On January 18, 2011, at approximately 2:00 p.m., Tvardzik submitted to First
Commonwealth Bank, via facsimile transmission, Req. 13 in the amount of
$29,500.00, which included $16,000.00 as reimbursement to the Township for
wages paid to him in 2010.
a. Tvardzik’s total 2010 earnings were not exclusive to work associated with
the sewer project.
Tvardzik, 13-002
Page 22
1. Tvardzik completed duties related to the Police building and other
administrative functions for the Township.
92. Tvardzik faxed Req. 13 and the appropriate support documentation to First
Commonwealth Bank without the review/signature of Board Chairman David
Blough.
a. The remaining Supervisors were unaware of Tvardzik submitting Req. 13 to
First Commonwealth Bank.
1. The remaining Supervisors believed that the Township was permitted
to submit a requisition to be reimbursed for wages incurred by
Tvardzik associated with the sewer project.
b. First Commonwealth Bank authorized the release of the requested funds
upon receipt of the requisition along with support documentation confirming
wages paid to Tvardzik.
93. The PENN Vest grant did not include an allocation for the Township to be
reimbursed for Township employee wages incurred as a result of the project.
a. The remaining Supervisors were informed by the Township Engineer that the
PENN Vest grant could be amended to include allocations for wages paid by
the Township to Tvardzik for sewer project duties.
94. On January 18, 2011, Township Office Clerk Taormina was directed by Tvardzik to
generate interim loan account check #1006, dated January 18, 2011, in the amount
of $29,500.00.
a. Of the $29,500.00, $16,000.00 was to reimburse the Township for Tvardzik’s
2010 wages.
b. Tvardzik and Blough signed the check as authorized signatories for the
Township.
c. Check #1006 was deposited into the Township’s general fund account by the
office staff on January 19, 2011.
95. The Township received $29,500.00 from its interim loan account as a result of
Tvardzik’s actions in the completion and submission of Req. 13 to First
Commonwealth Bank.
96. Any interim loan requisitions were forwarded by the office staff or any one of the
Supervisors to the Township Engineer for submittal of a requisition from the PENN
Vest grant account.
a. The Township Engineer informed the Supervisors that a request may be
submitted seeking to amend the allocations from the PENN Vest grant
account, in order to allot funds for wages paid by the Township in relation to
the sewer project.
1. The request to alter the allocations from the PENN Vest grant account
would be based on the availability of grant funds.
97. Req. 13 was forwarded to the Township Engineer for its inclusion in the PENN Vest
Requisition No. 1, dated February 18, 2011.
Tvardzik, 13-002
Page 23
a. The Township Engineer did not include Req. 13 within the PENN Vest
Requisition No. 1, as no specific allocation existed in the PENN Vest grant to
cover wages incurred by the Township.
b. The Township Engineer informed Tvardzik to withhold submitting any future
requisition relating to wages incurred by the Township in relation to the
project.
1. The Township did not submit any other requisitions to the interim loan
account or to the PENN Vest grant.
98. Tvardzik performed duties for the Township in 2011 for which he was compensated
including, but not limited to, the following:
a. Making/receiving phone calls for Township business;
b. Signing Township checks;
c. Monitoring resident complaints/questions;
d. Generating Township correspondences;
e. Reviewing Township paperwork and bills;
f. Arranging and/or attending meetings with State Representatives, project
developers, and Township Engineers;
g. Researching/reviewing grant applications; and
h. Overseeing the construction of the Township Police building project.
i. Some of these duties were consistent with the position of
Secretary/Treasurer.
99. In 2011, Tvardzik continued to submit non-descriptive, bi-weekly timesheets that
listed only the hours worked each day.
a. Tvardzik claimed, on timesheets, to have worked a total of 946.5 hours in
2011.
100. In 2011, Tvardzik was issued twenty-six (26) paychecks totaling $14,788.67, as a
result of his submitted timesheets for work performed, including administrative
duties, on behalf of the Township.
a. Tvardzik received compensation at his Auditor approved 2011 hourly rate.
101. Tvardzik signed 23 of 26 paychecks issued to him in 2011, as an authorized
Township signatory.
a. Tvardzik endorsed all Township paychecks issued to him in 2011.
b. Tvardzik’s paychecks were deposited into his personal bank account or
cashed by Tvardzik at Slovenian Savings and Loan Association.
102. In 2011, Tvardzik received compensation totaling $14,791.87 for various duties
including his role as the consultant/liaison for the residential subdivision projects,
Tvardzik, 13-002
Page 24
sewer expansion projects, and/or Township Police building expansion project and
administrative duties related to his position as Township Supervisor.
a. 2011 W-2 Wage and Tax Statements issued to Tvardzik confirmed
compensation totaling $14,791.87.
b. No specific breakdown of hours worked related to Tvardzik’s position of
Township Supervisor was available.
103. At the January 2012 Board of Supervisors re-organization meeting, Tvardzik was
re-appointed by the Board of Supervisors as the Township Secretary/Treasurer.
a. The 2012 re-organization meeting minutes do not list the appointment of
Tvardzik to any other positions.
b. The 2012 re-organization minutes do not identify the Secretary/Treasurer
position as that of a Township employee.
104. In 2012, the Auditors approved an hourly wage for Tvardzik at the same rate as the
Township laborer’s hourly wage of $16.18.
a. The Auditors approved the hourly wage for Tvardzik in the event Tvardzik
performed duties for the Township for which he could be compensated.
b. The Auditor minutes did not set specific wages/benefits for Tvardzik as the
Township Secretary/Treasurer.
105. Throughout 2012, Tvardzik continued to work for the Township on weekdays
performing consulting/liaison work related to various Township projects, including
the Township’s sewer expansion project, and performing the “administrator” duties
associated with the Township Police building expansion project.
a. Tvardzik typically worked from approximately 8:00 a.m./8:30 a.m. to noon.
106. Tvardzik performed various duties/tasks for the Township during 2012, including but
not limited to:
a. Making/receiving phone calls for Township business;
b. Signing Township checks;
c. Monitoring resident complaints/questions;
d. Generating Township correspondences;
e. Arranging and/or attending meetings with State Representatives, project
developers, and Township Engineers;
f. Researching/reviewing grant applications; and
g. Overseeing the construction of the Township Police building project.
107. During 2012, Tvardzik submitted non-descriptive, bi-weekly timesheets that listed
only the hours he worked for each day.
a. Tvardzik claimed to have worked a total of 408.25 hours in 2012 as detailed
on timesheets.
Tvardzik, 13-002
Page 25
b. None of the timesheets completed by Tvardzik listed any specific projects or
duties completed.
108. For the year 2012, Tvardzik was issued a total of eighteen (18) paychecks, in the
amount of $6,571.87, as a result of his submission of timesheets.
a. Tvardzik received compensation at the hourly rate approved by the Auditors
for the year 2012.
109. Tvardzik signed all eighteen (18) paychecks issued to him in 2012, as an
authorized Township signatory.
a. Tvardzik endorsed all Township paychecks issued to him in 2012.
b. Tvardzik’s paychecks were deposited into his personal bank account or
cashed by Tvardzik at Slovenian Savings and Loan Association.
110. Tvardzik’s 2012 compensation totaling $6,571.87 was based on his submission of
non-descriptive timesheets which included hours for various duties including his
role as the consultant/liaison for the residential subdivision projects, Township
Police building expansion project and administrative duties related to his position as
Township Supervisor.
a. 2012 W-2 Wage and Tax Statements issued to Tvardzik confirmed
compensation totaling $6,571.87.
111. At the September 18, 2012, regular Board meeting, the Board accepted Tvardzik’s
resignation as Secretary/Treasurer.
a. The Township was experiencing financial difficulties resulting in a public
petition seeking Tvardzik’s resignation.
1. The financial difficulties were related, in part, to the costs for the
Township Police building expansion.
b. Supervisor Joseph Huff was appointed as the Secretary/Treasurer, and
Tvardzik was appointed as the Board Vice-Chairman.
c. At the meeting, Tvardzik confirmed having managed the day-to-day
operations of the Police building expansion project.
d. Questions were raised by citizens as to the amounts paid to Tvardzik in
relation to this project.
112. Between 2008 and 2012, compensation paid by the Township to Tvardzik was listed
in the Township’s budget as a line item titled economic development.
113. Office Secretary Senior is responsible for drafting the Township’s preliminary
budget for review by the Board of Supervisors.
a. At or about the time Tvardzik was issued his first paycheck of 2008, Senior
created in the 2008 Township budget line item, 463.00-Economic
Development, for any wages incurred by Township officials providing
services for the development of the Township.
Tvardzik, 13-002
Page 26
1. Senior created the line item within the budget in response to Tvardzik
submitting his timesheets.
b. Senior informed the Supervisors that line item 463.00 was created to
account for the wages incurred by Tvardzik.
c. Line item 463.00-Economic Development did not exist as part of the
approved 2008 budget.
1. Prior to 2008, Supervisors traditionally were not compensated for
performing work relating to the Township’s economic development
(i.e., project administrators/inspectors).
2. Prior to 2008, Senior did not budget for wages incurred by
Supervisors performing project administrator/inspection services for
the Township.
114. Line item 463.00-Economic Development has been included in the Township
budget since 2008 as a result of Tvardzik receiving compensation for performing
consulting/liaison services for the Township, as well as administrative duties.
a. Tvardzik was the only Supervisor who received wages that were allocated to
budgetary line item 463.00-Economic Development.
b. Prior to Tvardzik, Supervisors were not compensated for performing work
relating to the Township’s economic development (i.e., project
administrators/inspectors).
115. The Township’s allotted budget amount for line item 463.00-Economic Development
from 2008 to 2012 was as follows:
Year Budgeted Tvardzik’s Actual
Amount Wage
2008 -no line item- $4,110.15
2009 $1,000 $10,235.63
2010 $7,999.92 $16,079.00
2011 $10,495.19 $14,791.87
2012 $11,000.00 $6,571.87
Total $30,495.11 $51,788.52
a. From 2008 to 2012 Tvardzik was issued payments totaling $21,293.41
above the budgeted amount for line item 463.00-Economic Development.
116. Tvardzik maintained a presence at the Township building, as a Supervisor, from
January 2008 to June 2008 while performing various administrative functions that
are encompassed within the office of an elected Township Supervisor, without
submitting timesheets or being compensated.
a. Supervisors are not permitted to receive hourly wages for completing their
Township duties.
117. Tvardzik’s presence did not decrease the day-to-day workload (i.e., Board meeting
preparation, accounts receivable/payable, retrieving mail, answering phone calls) of
the Township office staff.
Tvardzik, 13-002
Page 27
118. From July 2008 to August 2012, Tvardzik consistently submitted bi-weekly
timesheets claiming hours that included administrative duties associated with
Township projects and the day-to-day operations of the Township.
a. Tvardzik began to submit timesheets in July 2008 as the difficulty of the work
became more involved and time consuming.
b. Tvardzik did not perform work similar to, or the same as, the Township
laborers throughout his tenure as a Supervisor.
c. Tvardzik consistently performed various duties, including some that are
encompassed within his Supervisor role as an elected official.
d. The Auditors did not authorize a specific wage/benefit for Tvardzik to
perform services in the position as the Secretary/Treasurer from 2010 to
2012.
1. Tvardzik did receive the laborer rate for each respective year.
2. Auditors were unaware a salary for the Secretary/Treasurer position
should have been set.
e. The remaining Supervisors were aware of and verbally approved Tvardzik
receiving compensation for work completed at the Township, but did not
consistently review/approve timesheets submitted by Tvardzik.
f. The two remaining Supervisors performed similar administrative functions
but to a lesser extent than Tvardzik from 2009 to 2012, without submitting
timesheets or receiving compensation.
119. Tvardzik set hours for himself at the Township building without direction from or
consultation with the Board of Supervisors.
a. Tvardzik selected the type of work he claimed on his timesheets based on
the amount of time and effort it took to complete.
b. The Board was generally aware of the daily hours Tvardzik was working.
120. Tvardzik’s timesheets from August 2008 to January 2012 were not regularly
reviewed/approved by the two remaining Supervisors prior to the issuance of the
respective paycheck to Tvardzik, as was set by the Auditors.
a. Tvardzik submitted timesheets and reviewed/approved his own timesheets
with the expectation the office staff would issue him a paycheck.
b. From August 2008 to January 2012, Tvardzik was consistently issued
paychecks which were deposited and/or cashed by Tvardzik.
121. During an interview conducted by Commission Investigators on August 13, 2013,
Tvardzik indicated the following:
a. Tvardzik did not consider himself to be a Township employee;
b. Tvardzik justified his work at the Township based on his understanding that
the Code permits a Supervisor to be compensated for performing work
related to a township’s infrastructure.
Tvardzik, 13-002
Page 28
1. Tvardzik was not able to cite a specific section of the Code that would
substantiate his understanding;
c. The remaining Board members were aware of and agreed, both in a public
meeting setting and outside of a public meeting, that Tvardzik could perform
the various work he had claimed on his timesheets with the expectation he
would be compensated;
d. The Board did not take official action to appoint Tvardzik as the
Administrator/overseer for the residential subdivision projects, PENN Vest
funded sewer project, or Police building expansion project;
e. The Board consistently discussed during Board of Supervisor public meeting
sessions the work Tvardzik had been performing for the Township;
f. Tvardzik selected the hours he worked at the Township and the amount of
hours he claimed on his timesheets for the work performed without any
restrictions or limitations from the remaining Board members;
g. Since 2008, Tvardzik performed various duties associated with his position
as a Supervisor but did not claim compensation;
h. Tvardzik claimed compensation for performing duties that were outside the
duties/responsibilities of a Supervisor;
i. Tvardzik was unable to distinguish the total number of hours he claimed for
performing duties related to his position as a Supervisor and duties that were
outside the duties/responsibilities of a Supervisor;
j. Tvardzik was unaware of the Auditors’ provision that required the two (2)
remaining Supervisors to review/approve his timesheet prior to its submittal
for a paycheck;
k. Tvardzik reviewed and signed his timesheets and paychecks based on his
availability while working on a daily basis at the Township building;
l. Tvardzik was asked and agreed in 2009 to assist Supervisor Ken Holsopple
in performing the various duties associated with the Secretary/Treasurer
position due to Holsopple’s failing health at the time;
m. The additional duties performed by Tvardzik as the appointed
Secretary/Treasurer did not result in him claiming additional hours on his
timesheets;
n. Tvardzik submitted invoices to the office personnel in 2008 for hours/mileage
related to performing inspections at Winchester Estates and for inspections
and various administrative work at RidgeView Estates with the expectation
the invoices would be utilized to bill the respective developers; and
o. Tvardzik decided to stop completing descriptive timesheets in 2010, because
he believed it was too much work.
122. As a result of Tvardzik’s use of the authority of his public position, namely
approving his own timesheets and serving as a Township signatory for paychecks
issued to himself, Tvardzik realized a private pecuniary benefit by claiming and
receiving compensation for performing the role of Township consultant/liaison
and/or project administrator for various Township projects, which included
Tvardzik, 13-002
Page 29
residential subdivision projects, a sewer expansion project, and a Township Police
building expansion project; while simultaneously performing administrative duties as
an elected Township Supervisor and appointed Secretary/Treasurer.
THE FOLLOWING FINDINGS RELATE TO DISCREPANCIES ON TVARDZIK
STATEMENT OF FINANCIAL INTERESTS FORMS FOR CALENDAR YEARS 2008,
2009, 2010, AND 2011.
123. Section 1104(a) of the State Ethics Act states in pertinent part that a public
employee and public official of the Commonwealth shall file a Statement of
Financial Interests for the preceding calendar year with the department, agency,
body or bureau in which he is employed or to which he is appointed or elected no
later than May 1 of each year that he holds such a position and of the year after he
leaves such position.
a. Any other public employee or public official shall file a Statement of Financial
Interests with the governing authority of the political subdivision by which he
is employed or within which he is appointed or elected no later than May 1 of
each year that he holds such a position and of the year after he leaves such
a position. Persons who are full-time or part-time Solicitors for political
subdivisions are required to file under this Section.
b. Tvardzik has served as a Paint Township Supervisor from January 2008 to
the present.
124. On January 24, 2013, a Statement of Financial Interests compliance review was
conducted for Paint Township.
a. Maintained within Paint Township, Tvardzik had filed Statements of Financial
Interests for calendar years 2007, 2008, 2009, 2010, and 2011 in regard to
his position as a Township Supervisor.
125. Section 1105(b)(5), Required Information, of the State Ethics Act requires that any
direct or indirect sources of income totaling in the aggregate of $1,300.00 or more
shall be included in the calendar year with regard to the person required to file the
statement.
a. Tvardzik failed to disclose his direct or indirect source of income from Paint
Township on his Statement of Financial Interests forms for calendar years
2008, 2009, 2010, and 2011.
126. W-2 Wage and Tax forms issued by Paint Township to Tvardzik confirmed the
following:
Year Compensation Meeting Pay
2008 $4,110.15 $350.00
2009 $10,235.65 $550.00
2010 $16,079.00 $625.00
2011 $14,791.87 $325.00
2012 $6,571.87 $350.00
127. On March 29, 2013, documentation was received by the State Ethics Commission
via U.S. Mail from Tvardzik’s legal representative, Attorney William Gleason Barbin.
a. Barbin provided Tvardzik’s amended Statements of Financial Interests that
disclosed income received from the Township for calendar years 2008,
2009, 2010, and 2011.
Tvardzik, 13-002
Page 30
b. The amended Statements of Financial Interests were provided voluntarily in
response to the Commission investigation.
III.DISCUSSION:
As a Supervisor for Paint Township (“Township”), Somerset County, since January
2008, Respondent Andrew Tvardzik, also referred to hereinafter as “Respondent,”
“Respondent Tvardzik,” and “Tvardzik,” 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 Tvardzik violated Sections 1103(a) and 1105(b)(5) of the
Ethics Act when: (1) he used the authority of his office for a private pecuniary gain by
appointing himself as a consultant/liaison for the Township pertaining to various Township
sewer and real estate development projects, including but not limited to the
renovation/construction of the Township Police department building; (2) when he claimed
compensation for duties related to his position as Supervisor, including but not limited to
attendance at construction/project meetings, signing checks, and meeting with the public,
developers, and Township engineers; (3) when he subsequently approved his
compensation for hours submitted related to administrative duties; and (4) when he failed
to disclose all direct/indirect sources of income on Statements of Financial Interests
(“SFIs”) for the 2008, 2009, 2010 and 2011 calendar years.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a)Conflict of interest.—
No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest."
Use by a public
official or public employee of the authority of his office or
employment or any confidential information received through
his holding public office or employment for the private
pecuniary benefit of himself, a member of his immediate family
or a business with which he or a member of his immediate
family is associated. The term does not include an action
having a de minimis economic impact or which affects to the
same degree a class consisting of the general public or a
subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a
member of his immediate family or a business with which he or
a member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official/public employee from
using the authority of public office/employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official/public
Tvardzik, 13-002
Page 31
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
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.
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 SFI 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.
Tvardzik has served as a Township Supervisor since January 2008. Tvardzik
served as Vice-Chairman of the Board of Supervisors (“Board”) from January 2008 through
December 2009 and as Secretary/Treasurer from January 2010 to September 18, 2012.
Tvardzik has served as the Vice-Chairman of the Board from September 18, 2012, to the
present.
The Township is governed by a three-Member Board. The Board re-organizes each
year to appoint a Chairman, Vice-Chairman, and Secretary/Treasurer. All three
Supervisors maintain signature authority over the Township’s financial accounts.
Township checks require two signatures.
The Township office staff is responsible for the generation/distribution of Township
payroll. Township employees submit timesheets to the office staff which represent work
completed for the past two-week period. Supervisors are to review and initial employee
timesheets for each pay period falling between regularly scheduled meetings. Paychecks
are issued on a bi-weekly basis and are approved upon review of the respective
timesheets and the signing of the checks by any two Supervisors. Payroll is not approved
as a line item/regular motion at Board meetings.
Township Supervisors are compensated $25.00 for each regular and/or special
Township meeting attended. Meeting pay is a separate form of compensation from wages
earned by Supervisors in an employee capacity.
The Board has historically appointed any Supervisors who will serve in an employee
capacity for the Township during the annual Supervisors re-organization meeting. See, 53
P.S. § 65602. The Board typically appoints any Supervisor not appointed as Roadmaster
to work for the Township on an “as-needed” basis. The Board does not limit the number of
hours a Supervisor can claim while working on an “as-needed” basis or identify the type of
work the Supervisor is to perform in order to receive compensation. The Township does
not have a job description for part-time or “as-needed” working Supervisors.
Pursuant to the Second Class Township Code, the Township Board of Auditors
(“Auditors”) must determine the compensation of a Supervisor who is employed by the
Township. See, 53 P.S. §§ 65606, 65901. The Auditors have annually established the
compensation for Supervisors working as Township employees at the Auditors’ annual re-
organization meeting. The Auditors’ minutes identify the Supervisors as having the option
of accepting the Township laborer wages for any time worked “as-needed.” The Auditors
do not identify or discuss the type of work the Supervisors are to perform in order to
receive hourly compensation or limit the number of hours a Supervisor can claim for
compensation. Although the Auditors have specified that in order for a Supervisor to be
compensated, the remaining two Supervisors must approve the hours/timesheet, the Board
has not consistently followed this requirement.
Tvardzik, 13-002
Page 32
The Board regularly appoints a Supervisor to serve as the Township
Secretary/Treasurer. Despite a requirement in the Second Class Township Code,
between 2008 and 2012 the Auditors did not set the compensation for a Supervisor
appointed as Secretary/Treasurer. The Township Supervisor appointed as
Secretary/Treasurer historically has not claimed or received an hourly wage for performing
Secretary/Treasurer duties.
The Board appointed Tvardzik as a part-time or “as-needed” working Supervisor at
the January 2008 Supervisors re-organization meeting. The Auditors approved an hourly
wage for Tvardzik equivalent to the Township laborer wage with the expectation that he
would be compensated for performing “as-needed” work for the Township. The Auditors
similarly set Tvardzik’s hourly wage for performing Township work at the Township laborer
wage each year from 2009 through 2012.
The Township Sewer Disposal System Rules and Regulations (“Township Sewer
Rules”) set the fees, rates, and testing/inspection parameters for Township sewer systems
for new and existing developments. The Township Sewer Rules require the developer of a
sewage line to reimburse the Township for all costs associated with the plan review,
inspections, testing, and legal fees.
As of January 2008, there were two major residential subdivision projects,
Winchester Estates and RidgeView Estates/Ramblin Hills (“RidgeView Estates”), pending
within the Township. The Township Sewer Rules were applicable to the Winchester
Estates and RidgeView Estates residential subdivision projects. The Township was
responsible for the inspections of the projects’ sewer lines, manholes, and roads, while the
local water authority inspected the projects’ waterlines. Any one of the available
Supervisors/Roadmasters was authorized to perform sewer inspections.
In early 2008, the Board discussed the Township and developer requirements
pertaining to the residential subdivision projects during regular Township public meetings.
Tvardzik had extensive knowledge of the Winchester Estates residential subdivision project
as a result of reviewing project plans and designs while serving on the Township Planning
Commission from 2004 to 2007. In discussions with the Board, Tvardzik offered to serve as
a consultant/liaison between the developers/investors and the Township Engineer for the
residential subdivision projects. The other Supervisors informally accepted Tvardzik’s
offer and agreed that Tvardzik would serve as the consultant/liaison between the Township
and the developers, contractors, and engineers associated with the respective projects.
The Board took no official action to appoint Tvardzik as the project consultant/liaison.
As the project consultant/liaison, Tvardzik would also conduct inspections of sewer
lines, manholes, and the like. The Board considered hiring an inspector, but concerns
surrounding the financial costs and availability of an inspector influenced the Board to
utilize Tvardzik. The remaining Board Members agreed during a public meeting to have
Tvardzik perform sewage inspections and for him to be compensated at an hourly wage.
The Board did not take official action on Tvardzik serving as the inspector. The
Supervisors expected Tvardzik to submit timesheets and receive compensation for any of
his work associated with the subdivision projects.
From January 2008 to May 2008, Tvardzik performed various administrative duties,
in addition to consultant/liaison services, for the residential subdivision projects. The
administrative duties included making/receiving phone calls for Township business,
signing Township checks, monitoring resident complaints/questions, generating Township
correspondence, reviewing Township related paperwork, and arranging and/or attending
meetings with State Representatives, project developers, and Township Engineers.
Tvardzik typically worked at the Township building on a daily basis from approximately
8:00 or 8:30 a.m. to noon. Tvardzik did not submit timesheets or receive compensation
from January 2008 through May 18, 2008, for any laborer or administrative duties.
Tvardzik, 13-002
Page 33
Between May 19, 2008, and November 22, 2008, Tvardzik, acting as the Township
consultant/liaison with the project developers, performed visual inspections of sewer lines
and manholes at the Winchester Estates and RidgeView Estates residential subdivision
projects with the expectation of being compensated. The visual inspections were agreed
upon between the respective project developers and the Board in accordance with the
Township Sewer Rules. Project developers/contractors regularly contacted the Township
building to inform Tvardzik when the visual inspections were needed, and he completed
the inspections with the developers/contractors based on his availability.
Starting on or about May 19, 2008, Tvardzik began submitting timesheets for
various duties, including performing the daily visual inspections for the Winchester Estates
and RidgeView Estates residential subdivision projects, as well as other administrative
tasks. Tvardzik submitted two invoices totaling $3,124.35 to the Township office, seeking
payment for the daily visual inspections he performed at Winchester Estates covering the
time period of May 19, 2008, to August 16, 2008. The invoices listed the description of
work, hours claimed, hourly rate, mileage reimbursement, and total amount owed.
The information from the invoices was utilized by the Township office staff to bill
Winchester Estates for inspection costs incurred by the Township and to generate
Tvardzik’s paychecks. The invoices were not initialed or signed by any of the remaining
Supervisors as having been reviewed/approved. The remaining Supervisors were aware
that Tvardzik performed the daily inspections with the expectation that he would be
compensated for the work. The Winchester Estates ownership group subsequently issued
two checks to the Township in payment of the invoices.
Tvardzik submitted two undated invoices totaling $975.80 to the Township office
staff which were associated with work performed specifically for RidgeView Estates,
including performing inspections. The invoices listed the work performed and the total
amount of hours to complete the work. The invoices were not initialed or signed by any of
the remaining Supervisors as having been reviewed/approved. Information from the
invoices was utilized by the office staff to bill RidgeView Estates for costs incurred by the
Township and to generate Tvardzik’s paychecks. RidgeView Estates subsequently issued
a check to the Township in payment of the invoices.
During 2008, Tvardzik was issued a total of three paychecks from the Township
totaling $4,110.15 for hours claimed on invoices submitted in relation to the Winchester
Estates and RidgeView Estates residential subdivision projects. Tvardzik signed, as an
authorized Township signatory, the aforesaid three paychecks issued to him in 2008.
In 2009, Tvardzik worked from the Township building on weekdays and continued to
perform administrative functions related to the day-to-day operations of the Township and
consultant/liaison work pertaining to the residential subdivision projects. Tvardzik
submitted nineteen descriptive bi-weekly timesheets to Township office staff that listed his
work performed, which included but was not limited to: visual inspections of sewer lines
and manholes; making/receiving phone calls for Township business; signing Township
checks; monitoring resident complaints/questions; generating Township correspondence;
reviewing Township paperwork and bills; arranging and/or attending meetings with State
Representatives, project developers, and Township Engineers; and researching/reviewing
grant applications. Tvardzik claimed a total of 697.15 hours on his 2009 timesheets, and
he routinely initialed/signed his own timesheets.
In 2009, Tvardzik was issued a total of nineteen paychecks from the Township, and
he signed, as an authorized Township signatory, all nineteen paychecks issued to him.
The parties have stipulated that Tvardzik’s 2009 Township compensation totaled
$10,235.63 as a result of his submission of bi-weekly timesheets for hours worked which
Tvardzik, 13-002
Page 34
included time related to his position as a Township Supervisor and his role as the
consultant/liaison for the residential subdivision projects.
At the January 2010 Supervisors re-organization meeting, Tvardzik was appointed
as the Township Secretary/Treasurer. Throughout 2010, Tvardzik continued to work on
weekdays at the Township building performing work related to various Township projects,
including residential subdivision projects and a PENN Vest funded sewer expansion
project as the Township’s consultant/liaison. Tvardzik performed duties similar to the work
that he had completed in 2008 and 2009.
By early 2010, the Board had discussed and agreed to pursue an addition to the
Township’s Police building. Pawlowski and Haman Architects (“Pawlowski”) provided
schematic and development designs for the Police building project and offered to perform
administrative services for the project for a fee of approximately $6,000.00. In or about
April 2010, Tvardzik began performing the administrative duties for the Police building
project in addition to the various other administrative duties he was performing for the
Township. The remaining Supervisors were aware of and permitted Tvardzik to perform
the administrative duties for the project, with the expectation that Tvardzik would be
compensated. The Supervisors did not take any official action in approving/appointing
Tvardzik to be the project administrator.
During 2010, Tvardzik submitted non-descriptive, bi-weekly timesheets to the
Township which documented only the hours he worked each day without detailing the
specific work performed. Tvardzik claimed to have worked a total of 1,062.5 hours in
2010, and he approved all of his timesheets. Tvardzik signed, as an authorized Township
signatory, twenty-four of twenty-five paychecks that were issued to him in 2010. The
parties have stipulated that Tvardzik received compensation totaling $16,079.00 in 2010
as a result of his submission of non-descriptive, bi-weekly timesheets which included hours
worked that were directly related to his position as a Township Supervisor and his role as
the consultant/liaison for the residential subdivision projects, sewer expansion projects,
and/or the Township Police building expansion project.
At the January 2011 Supervisors re-organization meeting, Tvardzik was re-
appointed as the Township Secretary/Treasurer. During 2011, Tvardzik continued to work
at the Township building on weekdays. Tvardzik performed consulting/liaison work related
to various Township projects, including the residential subdivision projects and sewer
expansion project, and he performed the administrative duties associated with the
Township Police building expansion project.
In 2011, Tvardzik continued to submit non-descriptive, bi-weekly timesheets that
listed only the hours he worked each day. Tvardzik claimed to have worked a total of
946.5 hours in 2011. Tvardzik signed, as an authorized Township signatory, twenty-three
of twenty-six paychecks that were issued to him in 2011. The parties have stipulated that
Tvardzik received compensation totaling $14,791.87 in 2011 for performing various duties,
including his role as the consultant/liaison for the residential subdivision projects, sewer
expansion projects, and/or Township Police building expansion project and administrative
duties related to his position as a Township Supervisor.
At the January 2012 Supervisors re-organization meeting, Tvardzik was re-
appointed as the Township Secretary/Treasurer. Throughout 2012, Tvardzik continued to
work for the Township on weekdays, performing consulting/liaison work related to various
Township projects, including the Township’s sewer expansion project, and performing the
administrator duties associated with the Township Police building expansion project.
During 2012, Tvardzik submitted non-descriptive, bi-weekly timesheets that listed
only the hours he worked each day. Tvardzik claimed to have worked a total of 408.25
hours in 2012. Tvardzik signed, as an authorized Township signatory, all of eighteen
Tvardzik, 13-002
Page 35
paychecks that were issued to him in 2012. The parties have stipulated that Tvardzik
received compensation totaling $6,571.87 in 2012 based on his submission of non-
descriptive timesheets which included hours for various duties, including his role as the
consultant/liaison for the residential subdivision projects and Township Police building
expansion project and administrative duties related to his position as a Township
Supervisor.
The parties have stipulated that as a result of Tvardzik’s use of the authority of his
public position, namely approving his own timesheets and serving as a Township signatory
for paychecks issued to himself, Tvardzik realized a private pecuniary benefit by claiming
and receiving compensation for performing the role of Township consultant/liaison and/or
project administrator for various Township projects, which included residential subdivision
projects, a sewer expansion project, and a Township Police building expansion project,
while simultaneously performing administrative duties as an elected Township Supervisor
and appointed Secretary/Treasurer.
As for Tvardzik’s SFIs, on January 24, 2013, an SFI compliance review of the
Township was conducted. Tvardzik failed to disclose the Township as a source of income
on his SFIs filed with the Township for calendar years 2008, 2009, 2010, and 2011. On
March 29, 2013, the State Ethics Commission received from Tvardzik’s legal
representative Tvardzik’s amended SFIs that disclosed income received from the
Township for calendar years 2008, 2009, 2010, and 2011.
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 no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a) occurred in relation to Tvardzik
assuming the position of consultant/liaison for
the Township, as there is insufficient clear and
convincing evidence to establish that Tvardzik
utilized the authority of his office to obtain this
position.
b. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a) occurred in relation to Tvardzik claiming
compensation for duties related to his position
as an elected Township Supervisor, and when
he subsequently approved timesheets submitted
by himself seeking compensation for hours
submitted related to administrative duties.
c. That a violation of Section 1105(b)(5) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(5) occurred when Tvardzik
failed to disclose all direct/indirect sources of
income on Statements of Financial Interests filed
for the 2008, 2009, 2010 and 2011 calendar
years.
Tvardzik, 13-002
Page 36
4. Tvardzik agrees to make payment in the amount of $3,500.00
in settlement of this matter, payable to Paint 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, Tvardzik agrees to
file complete and accurate Statements of Financial Interests
with Paint Township through the Pennsylvania State Ethics
Commission, for the 2008, 2009, 2010, and 2011 calendar
years within thirty (30) days of the issuance of the final
adjudication in this matter.
6. Tvardzik agrees to not accept any reimbursement,
compensation or other payment from Paint 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.
In considering the Consent Agreement of the parties, we accept the parties’
recommendation for a finding that Tvardzik did not violate Section 1103(a) of the Ethics
Act in relation to his assuming the position of consultant/liaison for the Township, as there
is insufficient evidence to establish that Tvardzik utilized the authority of his office to obtain
this position. The Stipulated Findings do not establish a use of authority of office by
Tvardzik to obtain the position(s) of consultant/liaison for the Township for the residential
subdivision projects, the PENN Vest funded sewer expansion project, or the Township
Police building expansion project.
Accordingly, we hold that Tvardzik did not violate Section 1103(a) of the Ethics Act,
65 Pa.C.S. § 1103(a), in relation to his assuming the position of consultant/liaison for the
Township, as there is insufficient evidence to establish that Tvardzik utilized the authority
of his office to obtain this position.
We agree with the parties that a violation of Section 1103(a) of the Ethics Act
occurred in relation to Tvardzik claiming compensation for duties related to his position as
an elected Township Supervisor, and when he subsequently approved timesheets
submitted by himself seeking compensation for hours submitted related to administrative
duties.
Starting on or about May 19, 2008, Tvardzik began submitting timesheets for
various duties, including performing the daily visual inspections for the Winchester Estates
and RidgeView Estates residential subdivision projects, as well as other administrative
tasks. During 2008, Tvardzik was issued a total of three paychecks from the Township
totaling $4,110.15 for hours claimed on invoices submitted in relation to the Winchester
Estates and RidgeView Estates residential subdivision projects.
Tvardzik, 13-002
Page 37
In 2009, Tvardzik continued to perform administrative functions related to the day-
to-day operations of the Township and consultant/liaison work pertaining to the residential
subdivision projects. Tvardzik submitted nineteen timesheets to the Township office staff,
and he routinely initialed/signed his own timesheets. The parties have stipulated that
Tvardzik’s 2009 Township compensation totaled $10,235.63 as a result of his submission
of bi-weekly timesheets for hours worked which included time related to his position as a
Township Supervisor and his role as the consultant/liaison for the residential subdivision
projects.
During 2010, Tvardzik performed work related to various Township projects.
Tvardzik approved all of his timesheets which he submitted to the Township in 2010. The
parties have stipulated that Tvardzik received compensation totaling $16,079.00 in 2010
as a result of his submission of timesheets which included hours worked that were directly
related to his position as a Township Supervisor and his role as the consultant/liaison for
the residential subdivision projects, sewer expansion projects, and/or the Township Police
building expansion project.
During 2011 and 2012, Tvardzik performed work for the Township and submitted
timesheets to the Township for such work. The parties have stipulated that Tvardzik
received compensation totaling $14,791.87 in 2011 and compensation totaling $6,571.87
in 2012 for performing various duties, including his role as the consultant/liaison for the
residential subdivision projects, sewer expansion projects, and/or Township Police building
expansion project and administrative duties related to his position as Township Supervisor.
Tvardzik used the authority of his office when he submitted timesheets which
included hours for time/duties related to his position as a Township Supervisor, approved
his own timesheets, and signed, as an authorized Township signatory, 87 of 91 paychecks
that the Township issued to him from 2008 through 2012. The parties have stipulated that
Tvardzik realized a private pecuniary benefit as a result of his aforesaid use of the
authority of his public position as a Township Supervisor.
Based upon the Stipulated Findings and the Consent Agreement, we hold that a
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to
Tvardzik claiming compensation for duties related to his position as an elected Township
Supervisor, and when he subsequently approved timesheets submitted by himself seeking
compensation for hours submitted related to administrative duties. See, R.H. v. State
Ethics Commission, 673 A.2d 1004 (Pa. Cmwlth. 1996).
As for the allegations regarding Tvardzik’s SFIs, we hold that Tvardzik violated
Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), when he failed to disclose
all direct/indirect sources of income on SFIs filed for the 2008, 2009, 2010 and 2011
calendar years.
As part of the Consent Agreement, Tvardzik has agreed to make payment in the
amount of $3,500.00 payable to Paint Township and forwarded to this Commission within
thirty (30) days of the issuance of the final adjudication in this matter.
Tvardzik 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.
To the extent he has not already done so, Tvardzik has further agreed to file
complete and accurate SFIs for the 2008, 2009, 2010, and 2011 calendar years with the
Township, through this Commission, within thirty (30) days of the issuance of the final
adjudication in this matter.
Tvardzik, 13-002
Page 38
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, Tvardzik is directed to make
payment in the amount of $3,500.00 payable to Paint Township and forwarded to this
th
Commission by no later than the thirtieth (30) day after the mailing date of this
adjudication and Order.
Per the Consent Agreement of the parties, Tvardzik 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, Tvardzik is directed to file complete and
accurate SFIs for the 2008, 2009, 2010, and 2011 calendar years with the Township,
th
through this Commission, by no later than the thirtieth (30) day after the mailing date of
this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV.CONCLUSIONS OF LAW:
1. As a Supervisor for Paint Township (“Township”), Somerset County, since January
2008, Respondent Andrew Tvardzik (“Tvardzik”) has been a public official subject to
the provisions of the Public Official and Employee Ethics Act (“Ethics Act”), 65
Pa.C.S. § 1101 et seq.
2. Tvardzik did not violate Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in
relation to his assuming the position of consultant/liaison for the Township, as there
is insufficient evidence to establish that Tvardzik utilized the authority of his office
to obtain this position.
3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Tvardzik claiming compensation for duties related to his position as an
elected Township Supervisor, and when he subsequently approved timesheets
submitted by himself seeking compensation for hours submitted related to
administrative duties.
4. Tvardzik violated Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
when he failed to disclose all direct/indirect sources of income on Statements of
Financial Interests filed for the 2008, 2009, 2010 and 2011 calendar years.
In Re: Andrew Tvardzik, : File Docket: 13-002
Respondent : Date Decided: 10/8/13
: Date Mailed: 10/22/13
ORDER NO. 1623
1. As a Supervisor for Paint Township (“Township”), Somerset County, Andrew
Tvardzik (“Tvardzik”) did not violate Section 1103(a) of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1103(a), in relation to his
assuming the position of consultant/liaison for the Township, as there is insufficient
evidence to establish that Tvardzik utilized the authority of his office to obtain this
position.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Tvardzik claiming compensation for duties related to his position as an
elected Township Supervisor, and when he subsequently approved timesheets
submitted by himself seeking compensation for hours submitted related to
administrative duties.
3. Tvardzik violated Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5),
when he failed to disclose all direct/indirect sources of income on Statements of
Financial Interests filed for the 2008, 2009, 2010 and 2011 calendar years.
4. Per the Consent Agreement of the parties, Tvardzik is directed to make payment in
the amount of $3,500.00 payable to Paint 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. Per the Consent Agreement of the parties, Tvardzik 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.
6. To the extent he has not already done so, Tvardzik is directed to file complete and
accurate Statements of Financial Interests for the 2008, 2009, 2010, and 2011
calendar years with the Township, through the Pennsylvania State Ethics
th
Commission, by no later than the thirtieth (30) day after the mailing date of this
Order.
7. Compliance with paragraphs 4, 5, and 6 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,
___________________________
John J. Bolger, Chair