HomeMy WebLinkAbout1640 Thomas
In Re: Marcia Thomas, : File Docket: 12-021
Respondent : X-ref: Order No. 1640
: Date Decided: 6/16/14
: Date Mailed: 7/9/14
Before: John J. Bolger, Chair
Nicholas A. Colafella, Vice Chair
Raquel K. Bergen
Mark R. Corrigan
Roger Nick
Kathryn Streeter Lewis
Maria Feeley
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.” An Answer was filed and a hearing was requested. 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 Marcia Thomas, a public official/public employee in her capacity as
Secretary/Treasurer for Rice Township, Luzerne County, violated \[Sections 1103(a) and
1105(b)\] of the State Ethics Act (Act 93 of 1998) when she used her public position for \[a\]
private pecuniary benefit, including but not limited to using Township equipment and
resources for a personal benefit; when she authorized compensation for compensatory
and vacation time in excess of compensation approved by the Township Board of
Supervisors; when she submitted documentation to the Pennsylvania Municipal Retirement
System for her inclusion in pension plans which included altered dates of her employment,
resulting in an increased pension to be paid to her; when she failed to disclose on
Statements of Financial Interests filed for the 2007, 2008 and 2009 calendar years all
direct/indirect sources of income and her employment with The Mountaintop Eagle; when
she failed to disclose her office, directorship or employment with The Blue Marlin Group on
Statements of Financial Interests filed for \[the\] 2007 and 2008 calendar years; and when
she failed to disclose creditors in excess of $6,500 on the Statement of Financial Interests
filed for the 2009 calendar year.
II.FINDINGS:
1. Marcia Thomas served as the Rice Township, Luzerne County, Secretary/Treasurer
from approximately November 13, 1990, until January 3, 2011.
Thomas, 12-021
Page 2
a. Thomas was initially hired by Rice Township as a part-time
Secretary/Treasurer, in training from November 13, 1990, through December
31, 1990.
b. Thomas assumed the position as Secretary/Treasurer on a full-time basis
effective January 1, 1991.
c. Thomas was annually reappointed as Secretary/Treasurer between 1991
and 2010.
d. Thomas was not reappointed to this position during the Board of Supervisors
January 3, 2011, reorganizational meeting.
2. Rice Township is a Township of the Second Class, governed by a three-Member
Board of Supervisors.
3. Marcia Thomas has served as a Member of the Rice Township Board of
Supervisors since January 2012.
a. Thomas was elected to the Rice Township Board of Supervisors in
November 2011.
b. Thomas campaigned for a seat on the Board of Supervisors after not being
appointed as Secretary/Treasurer.
4. At all times relevant to this matter, Thomas was a part-time employee of the
Mountaintop Eagle newspaper and co-owner of the Blue Marlin Group.
a. The “about us” page of the Mountaintop Eagle newspaper’s website
identified several employees, including Thomas.
1. Thomas was identified as one of two members of the paper’s editorial
staff.
2. The website does not identify how long Thomas had been employed
by the paper.
3. Thomas has been employed by the Mountaintop Eagle on a part-time
basis since approximately October 1988.
5. The Blue Marlin Group is a rental property business owned by Marcia Thomas and
Linda Fischer.
a. The Blue Marlin Group has been in existence since at least November 2,
2005.
b. Marcia Thomas and Linda Fischer each hold a 50% ownership interest in the
Blue Marlin Group.
c. The Blue Marlin Group’s assets include two (2) rental properties in
Nuangola, Pennsylvania: Luzerne County property numbers 47-L8S2A-007-
003-000 (6 Water Street, Nuangola, Pennsylvania) and 47-L8S2-004-004-
000 (15 North End Road, Nuangola, Pennsylvania).
6. On November 2, 2005, a fictitious name filing for the Blue Marlin Group was filed
with the Pennsylvania Department of State.
Thomas, 12-021
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a. Entity number 557989 was assigned by the Pennsylvania Department of
State to the Blue Marlin Group.
b. Owners are identified as Marcia Thomas, 253 Heslop Road, Mountaintop,
PA 18707 and Linda Fischer, no address available.
c. The registered place of business is 253 Heslop Road, Mountaintop, PA
18707.
1. \[Residence address redacted\] is Marcia Thomas’ residence.
7. Thomas, in her official capacity as the Rice Township Secretary/Treasurer, was
responsible for performing duties that included, but were not limited to, the
following:
a. Managing the day-to-day operations of Rice Township.
b. Managing Township finances, including the payment of bills and payroll.
c. Preparing and filing all required reports with state and federal agencies.
d. Preparing and maintaining meeting minutes for the Township Board of
Supervisors.
8. As a Rice Township employee, Thomas was eligible to receive the following
benefits funded partially or in full by the Township:
a. Health insurance coverage, including vision, dental, prescription and major
medical plans.
b. Pension plan participation at Township expense.
c. Paid sick, holiday, vacation and bereavement days.
9. Rice Township employee salaries and benefits are annually approved by the
Township Board of Supervisors as part of reorganizational meetings.
10. Rice Township records reflect the following salary and benefit approval for Thomas
as Secretary/Treasurer between 2008 and 2010:
a. January 7, 2008: $31,520.00 salary, plus benefits.
b. January 5, 2009: $32,310.00 salary, plus benefits.
c. January 4, 2010: $33,217.60 salary, plus benefits.
11. Rice Township records indicate that the Township utilizes a fringe benefits policy,
which allows for paid holidays, vacation days, sick days, bereavement days, health
insurance, and pension benefits.
12. The Rice Township Board of Supervisors did not authorize an overtime or
compensatory time policy as a method of compensation for the Secretary/Treasurer
during 2007, 2008, 2009, or 2010.
a. These types of compensation were limited to Township Police and Road
Department personnel.
Thomas, 12-021
Page 4
The following findings relate to allegations that Thomas authorized compensation
for compensatory and vacation time in excess of compensation approved by the
Township Board of Supervisors.
13. Thomas’ compensation as Secretary/Treasurer was annually reviewed and
approved by the Township Board of Supervisors as part of reorganizational
meetings.
a. Thomas attended and participated in these reorganizational meetings in her
official capacity as Secretary/Treasurer.
b. Thomas was responsible for preparing meeting minutes from the
reorganizational meetings and memorializing Board of Supervisors actions,
including the approval of employee salaries and benefits, including her own
as Secretary/Treasurer.
14. Between 2007 and 2010, Thomas never requested that the Board of Supervisors
amend her approved compensation to include any of the following:
a. The receipt and/or payment of compensatory and/or overtime hours.
b. The payment of sick, holiday, personal and/or vacation hours in excess of
those annually established for employees by the Board of Supervisors.
15. Income received by Thomas from Rice Township was annually reported on W-2
Wage and Tax Statements. W-2 Wage and Tax forms on file with Rice Township
report the annual amounts paid to Thomas as follows: 2007 - $31,350.80; 2008 -
$31,807.35; 2009 - $32,310.00; 2010 - $33,217.60; 2011 - $255.52.
16. Thomas was responsible for processing payroll for Rice Township employees.
a. Rice Township employees, including Thomas, were paid on a bi-weekly
basis.
b. Thomas prepared payroll checks, which included her signature as
Secretary/Treasurer and \[the signature of\] one Supervisor.
c. Employee payroll is listed as a line item on monthly bill lists.
d. Bill lists are voted on in their entirety by the Board of Supervisors.
17. Thomas, in her official capacity as the Rice Township Secretary/Treasurer, was
responsible for maintaining leave usage records for Township employees, including
herself.
a. Thomas was responsible for ensuring that Township employees did not
receive compensation for sick, vacation, or bereavement hours in excess of
those annually approved by the Board of Supervisors.
18. Rice Township payroll is annually reviewed as part of the comprehensive review of
Township financial records by the Board of Auditors.
a. During 2010, the Rice Township Board of Auditors consisted of Toni Rogan,
Elaine Wallace and Rhonda Rowles.
b. The 2010 audit was completed by the Board of Auditors during the early part
of 2011.
Thomas, 12-021
Page 5
c. The Board of Auditors released an undated audit for the 2010 calendar year
in the early part of 2011, which was signed by all three (3) Township
Auditors.
19. As part of its 2010 Audit Report, the Rice Township Board of Auditors concluded
that Thomas was compensated for excess leave.
a. The Board of Auditors surcharged Thomas for the excess leave as detailed
in the 2010 Audit Report.
b. The Audit Report also concluded that Thomas used Township equipment,
including cellular telephones and computers, for personal purposes.
20. Audit findings contained in the undated Rice Township Board of Auditors 2010
Audit Report included findings resulting in surcharges for excess vacation pay and
alleged misuses of Township materials, equipment and/or facilities by Thomas.
21. Thomas received compensation from Rice Township at a rate of $15.97 per hour
during 2010, as approved as part of the 2010 salary and wage schedule.
a. The 2010 salary and wage schedule did not contain a provision for the
payment of overtime, compensatory time, or unused leave.
22. Thomas received compensation from Rice Township during 2010 for days and/or
hours not worked based on her stated leave usage as of January 10, 2011, and her
2010 calendar book.
a. Information received during the investigation indicated that Thomas received
$594.88 in \[payment for\] excess annual leave.
1. This amount is deemed to be de minimis per Commission precedent.
23. Rice Township did not have an approved policy in 2007 or 2008 regarding the
payment of compensatory time for the Secretary/Treasurer.
a. Compensatory time was not included as part of the Township’s salary or
fringe benefits policies.
24. Between September 14, 2007, and March 31, 2008, Thomas received payments for
compensatory hours.
25. Thomas would not have received either compensatory time payment had she not
initiated the payments in her official capacity as Secretary/Treasurer.
a. Supervisors signing the checks were unaware that the payments were for
compensatory time.
b. Information received during the investigation indicated that Thomas received
$586.58 in unapproved compensatory time payments.
1. This amount is deemed to be de minimis per Commission precedent.
26. On February 27, 2014, the Rice Township Board of Auditors convened a special
meeting at which the Auditors voted to approve a settlement agreement between
Marcia Thomas and the Board of Auditors pursuant to which the Board agreed not
to pursue the surcharge which had previously been levied against Thomas for
Thomas, 12-021
Page 6
allegedly exceeding her authorized \[leave\] time.
The following findings relate to Thomas using Township equipment and facilities for
personal purposes.
27. Thomas, in her official capacity as the Rice Township Secretary/Treasurer, had
access to a Township-provided cell phone and two (2) office computer systems.
a. These items were not available for use by the general public.
b. Thomas did not contribute any personal funds to the acquisition of the cell
phone or office computers.
28. In addition to access to Rice Township-owned computers, Thomas was provided
with a Township-owned cellular phone to use for official Township business.
a. Between 2007 and 2010, Rice Township had cellular phone service provided
by Nextel, Nextel/Sprint, and then Sprint after the Nextel/Sprint merger.
b. Between 2007 and 2010, Rice Township had approximately twelve (12)
different cellular phone lines through Nextel, Nextel/Sprint, and/or Sprint,
with each cell phone line being assigned to a different Township employee.
c. Rice Township had three different calling plans: Business Advantage Talk
450, National Achiever 400, and National Talk More 800.
d. The National Achiever 400 calling plan included 400 anytime minutes, caller
ID, and unlimited night and weekend calling.
e. Rice Township received a single, itemized monthly statement including
charges for all of its phone plans.
29. Thomas had a Rice Township cellular phone provided to her for official use, at no
cost, between 2007 and January 2011.
a. The number assigned to Thomas’ Rice Township-issued cell phone was
570-371-1417.
b. This phone was permanently assigned to Thomas as Secretary/Treasurer.
c. Thomas’ calling plan was National Achiever 400.
30. On March 10, 1998, the Rice Township Board of Supervisors enacted Resolution
Number 98-3, “regulating the use of cellular or digital communications equipment.”
a. Marcia Thomas was the Rice Township Secretary/Treasurer when
Resolution Number 98-3 was enacted by the Township Board of
Supervisors.
b. Thomas signed the two (2) page Resolution document in her official capacity
as Secretary/Treasurer.
31. Rice Township Resolution 98-3, enacted by the Board of Supervisors on March 10,
1998, contained six specific provisions identified as A through F. Provisions A, E,
and F related to personal use of a Township-issued cell phone and provided as
follows:
Thomas, 12-021
Page 7
a. Section A: That the use of these handsets will be restricted to Township
business.
b. Section E: If any handset accrues charges beyond the credited amount
within any month, department heads should be prepared to document the
reason for the charge.
c. Section F: If an additional charge is incurred which can’t be documented as
a legitimate use, the responsible party will immediately reimburse the
Township for any and all overages.
32. Thomas used the Township computers and cellular telephone assigned to her for
personal purposes and in support of her private business interests, including the
Mountaintop Eagle newspaper and the Blue Marlin Group.
a. Thomas’ use of the Township cellular telephone and computers occurred
from at least 2006 through 2011.
33. Neither the forensic review conducted by Information Network Associates, Inc. nor
the review conducted by the Investigative Division of the State Ethics Commission
was able to document the amount of Township time Thomas utilized on Township
computers in pursuit of her personal/business interests.
34. Thomas used her Rice Township-issued cell phone number (570-371-1417) as her
point of contact for her Blue Marlin Group rental business.
a. Thomas included her Rice Township cellular phone number on Blue Marlin
Group documents, including advertising flyers, rental agreements and/or
leases.
35. Business records of the Blue Marlin Group confirm that Rice Township cellular
phone number 570-371-1417 was used by Thomas as the point of contact on some
of the signed Blue Marlin Group rental contracts.
a. The Blue Marlin Group utilized two types of rental agreements during
Thomas’ tenure.
1. One agreement was a single page standard rental agreement.
2. The second agreement was a multiple-page agreement.
36. Eight (8) rental agreements used by Blue Marlin Group to lease property included
Thomas’ Township cellular telephone number (570-371-1417) as a point of contact.
a. Two (2) “Standard Rental Agreement(s)” contained contact information and a
request for their return to Marcia Thomas, 253 Heslop Road, Mountain Top,
PA 18707, 570-371-1417 (Thomas’ Rice Township cellular phone number).
1. These contracts were signed on June 15, 2009, and May 21, 2009.
b. Six (6) Blue Marlin Group rental contracts included Thomas’ Rice Township
cell phone number as the first point of contact for the Blue Marlin Group.
1. Specifically included with each rental contract was the following
notice regarding contacting the landlords:
Thomas, 12-021
Page 8
“Any notice which tenant may, or is required to give shall be given by
mailing the same certified to landlord Blue Marlin Group at the
following address: 253 Heslop Road, Mountaintop, PA 18707
telephone 570-371-1417 or 570-407-1447.”
37. The following six (6) Blue Marlin Group rental contracts contained Thomas’
Township-provided cellular telephone number as a point of contact:
a. Contract with Tenant 1, covering the period March 2009 – February 28,
2010, for 6 Water Street, Nuangola, PA 18707, signed February 15, 2009.
b. Contract with Tenant 2, covering the period May 1, 2010 – April 30, 2011, for
6 Water Street, Nuangola, PA 18707, signed April 17, 2010.
c. Contract with Tenant 2, covering the period May 1, 2011 – April 30, 2012, for
6 Water Street, Nuangola, PA 18707, signed April 28, 2011.
d. Contract with Tenant 2, covering the period June 1, 2012 – May 31, 2013,
for six months, for 6 Water Street, Nuangola, PA 18707, signed June 2,
2012.
e. Contract with Tenant 3, covering the period October 9, 2012 – October 9,
2013, for 15 North End Road, Nuangola, PA 18707, signed October 8, 2012.
f. Contract with Tenant 4, covering the period June 1, 2012 – September 15,
2012, for 15 North End Road, Nuangola, PA 18707, signed February 21,
2012.
1. Thomas’ Rice Township cell phone number, which was typed on this
rental agreement, had a line drawn through it and was replaced with
the number \[telephone number redacted\], a personal number.
38. The Blue Marlin Group received fourteen (14) payments from Tenant 1 between
February 12, 2009, and February 2, 2010.
a. Tenant 1’s signed rental agreement included Thomas’ Rice Township
cellular phone number as his point of contact with her.
39. The Blue Marlin Group received ten (10) payments from Tenant 2 between April 8,
2010, and December 9, 2010.
a. Tenant 2’s signed rental agreement included Thomas’ Rice Township
cellular phone number as his point of contact with her.
40. Between December 21, 2007, and December 20, 2010, Rice Township incurred
charges for 570-371-1417, Marcia Thomas’ Township-provided cell phone.
41. Between December 21, 2007, and December 20, 2010, Thomas placed and/or
received approximately 7,763 calls using her Rice Township-issued cell phone
(570-371-1417).
a. These calls included personal use, personal business use as to the Blue
Marlin Group rentals and the Mountaintop Eagle, and Township business.
b. Thomas did not reimburse Rice Township for any personal or personal
business use of her Township-issued cell phone.
Thomas, 12-021
Page 9
c. Thomas utilized her Township-provided cellular telephone for personal
and/or private business interests even though Township Resolution 98-3
prohibited personal use.
42. Thomas maintains that two Township Supervisors expressly authorized her use of
her Township-provided cell phone for personal use.
a. Notwithstanding said express authorization, Thomas admits that she should
have realized that these Supervisors did not have authority to grant such
permission in view of the Township's written policy prohibiting the use of
Township-provided cellphones for personal use, as provided for in Rice
Township Resolution 98-3.
b. Thomas’ personal calls and private business calls included calls placed to
the Mountaintop Eagle, Beroc, Inc., Linda Fischer/Tir Na Nog Cabin, and
various medical and retail establishments.
c. Thomas’ personal calls and calls related to private business endeavors were
included as part of her itemized portion of the Township’s monthly cell phone
bill.
43. Between December 21, 2007, and December 20, 2010, Thomas placed and/or
received a minimum of 4,013 calls of a personal or private business nature using
her Rice Township-provided cellular phone.
a. These calls included arranging property rentals on behalf of the Blue Marlin
Group.
b. The calls totaled approximately 52% of all calls placed or received by
Thomas.
1. Between December 21, 2007, and December 20, 2010, Rice
Township incurred charges totaling $926.16 relating to Thomas’ use
of her Township-provided cellular phone.
2. Fifty-two percent (52%) of those calls, for which the Township paid
$481.60 (52% x $926.16), were in relation to Thomas’ business
dealings in regard to the Blue Marlin Group.
3. Thomas received a private pecuniary benefit of $481.60 from using
her Township-provided cellular phone to arrange property rentals on
behalf of the Blue Marlin Group.
a. This amount is deemed to be de minimis per Commission
precedent.
44. Thomas’ Rice Township cell phone number was the point of contact for at least five
(5) different individuals who had rental dealings with Thomas d/b/a the Blue Marlin
Group between April 1, 2008, and August 19, 2009.
a. Individuals who used Thomas’ Rice Township phone number as their point of
contact with her for Blue Marlin Group rentals included Tenant 5, Tenant 6,
Tenant 7, Tenant 8, and Tenant 9.
45. Business records of the Blue Marlin Group confirm that payments received from
Tenant 5, Tenant 6, Tenant 7, Tenant 8, and Tenant 9 between April 1, 2008, and
August 13, 2009, totaled approximately $2,335.00.
Thomas, 12-021
Page 10
46. Between May 2008 and August 2009, Rice Township cellular telephone records for
570-371-1417 assigned to Marcia Thomas confirm that Thomas placed calls to or
received calls from the following relating to Blue Marlin Group rentals: Tenant 5,
Tenant 6, Tenant 7, Tenant 8, and Tenant 9.
47. These calls resulted in contracts between the Blue Marlin Group and private
individuals between April 1, 2008, and August 13, 2009.
a. Thomas did not have permission from the Rice Township Board of
Supervisors to use her Township-issued cell phone for personal business
endeavors.
b. Thomas utilized her Township-provided cellular telephone for personal use
at least 52% of the time that the telephone was in operation.
48. Thomas used the authority of her public position in regard to her use of Township
equipment, namely a cellular telephone, for her private business interests, which
resulted in a private pecuniary benefit to Thomas of approximately $2,335.00.
The following findings relate to the allegation that Thomas reported incorrect dates
of her employment regarding her inclusion in the Township pension plan.
49. Rice Township has two (2) separate Ordinances relating to its non-uniformed
employee pension plan.
a. Township Ordinance # 99-1 was approved by the Board of Supervisors on
February 9, 1999.
b. Township Ordinance # 99-1 was replaced by Ordinance # 2002-1, approved
by the Board of Supervisors on March 12, 2002.
50. Rice Township Ordinance # 99-1 authorized Rice Township’s enrollment in the
Pennsylvania Municipal Retirement System.
a. Membership was mandatory for all permanent municipal employees of the
Township.
b. Credit for service towards the annuity of each original member began to
accrue upon the effective date of the agreement between the Township and
the Pennsylvania Municipal Retirement System.
c. Rice Township assumes all liability for any unfundedness created due to the
acceptance of the benefit structure.
d. Ordinance # 99-1 was approved by the Township Board of Supervisors on
February 9, 1999.
51. On March 12, 2002, the Rice Township Municipal Employee Pension Plan
Agreement was amended.
a. The only significant change in this agreement from the February 9, 1999,
pension plan agreement related to item # 1, Coverage; Credited Service.
1. Under the 1999 plan, credited service accrued from the employee’s
enrollment in the system (February 9, 1999).
Thomas, 12-021
Page 11
b. Language in the 2002 plan was amended to read: “Credited service shall
accrue from the original member’s date of hire or the expiration of the
member’s probationary period if one so existed.”
c. Credited service time earned prior to the enrollment of the Township into the
system shall be known as prior service.
52. Thomas held the position of Rice Township Secretary/Treasurer at all times
relevant to the creation of \[the Township’s\] non-uniformed employees’ pension plan
and its subsequent revisions.
a. Thomas, in her position as Secretary/Treasurer, was responsible for the
completion and submission of all required documentation to the
Pennsylvania Municipal Retirement System.
b. Documentation required to be submitted to the Pennsylvania Municipal
Retirement System by Thomas included applications, payroll information,
correspondence, and employment date verification for all Township
employees, including Thomas.
c. Thomas’ initial employment date with Rice Township predated the creation of
the non-uniformed employees’ pension plan.
53. Rice Township pension and general business records detail Thomas’ various
reported employment dates with the Township beginning in or about November
1990 as Assistant Secretary/Treasurer and January 1991 as Secretary/Treasurer.
a. An application for Pension Plan Membership was signed by Thomas on April
26, 1999, listing an effective employment date of 1/1/90.
1. Thomas was not listed on the Township’s payroll records prior to
November 1990.
2. The first payroll check was issued to her on or about November 15,
1990.
b. \[The information below pertains to\] annual pension reports issued to Marcia
Thomas for years ending December 31, 2009, December 31, 2008,
December 31, 2001, December 31, 2000, and December 31, 1999.
1. Each statement includes a stated date of employment for Thomas of
January 1, 1990.
2. Statements for the years ending December 31, 2008, and December
31, 2009, include a request “to review this important information.
Should any of it appear incorrect or should you not understand any
part of the statement, please seek our assistance.”
54. Thomas retired from her position with Rice Township effective January 3, 2011.
a. Thomas’ retirement benefits through the Pennsylvania Municipal Retirement
System were calculated based on employment dates of January 1, 1990
(initial hiring date) through January 3, 2011 (official retirement date).
b. Thomas’ actual initial hiring date as a full-time Rice Township employee was
effective January 1, 1991.
Thomas, 12-021
Page 12
55. Pennsylvania Municipal Retirement System records \[establish\] the following relating
to Thomas’ employment date, pension value, and monthly payments.
a. Marcia Thomas’ application for inclusion in the Rice Township Pension Plan,
dated April 26, 1999, is on file with the Pennsylvania Municipal Retirement
System.
1. This application included an effective employment date of January 1,
1990, and an effective membership date of January 1, 1999.
b. Thomas, in her official capacity as the Rice Township Secretary/Treasurer,
provided the January 1, 1990, start date to the Pennsylvania Municipal
Retirement System.
56. Based on the calculations of the Pennsylvania Municipal Retirement System,
Marcia Thomas received an additional amount per month in pension benefits since
January 2011 based on an inaccurate initial employment date.
57. Information received during the investigation indicated that Thomas received
$562.80 in excess pension payments as a result of her reporting an inaccurate
initial employment date.
a. This amount is deemed to be de minimis per Commission precedent.
The following findings relate to allegations that Thomas failed to disclose on
Statements of Financial Interests filed for the 2007, 2008, and 2009 calendar years all
direct/indirect sources of income and her employment with the Mountaintop Eagle;
that she failed to disclose her office, directorship, or employment with the Blue
Marlin Group on Statements of Financial Interests filed for the 2007 and 2008
calendar years; and that she failed to disclose creditors in excess of $6,500 on her
Statement of Financial Interests filed for the 2009 calendar year.
58. Thomas, as the Rice Township Secretary/Treasurer from 1990 until January 3,
2011, and as a Township Supervisor since January 2012, was annually required to
complete a Statement of Financial Interests form by May 1, containing information
for the prior calendar year.
59. Statement of Financial Interests forms for calendar years 2007 through 2012 were
on file with Rice Township.
60. Thomas failed to list Rice Township as a direct/indirect source of income on
Statements of Financial Interests filed for calendar years 2007 through 2010.
61. Thomas did not provide any response to box #9, Creditors, on her 2009 calendar
year filing.
62. Thomas failed to list her employment with the Mountaintop Eagle on Statements of
Financial Interests filed for calendar years 2007, 2008, and 2009.
63. Thomas failed to list her financial interest in the Blue Marlin Group on her 2007 and
2008 calendar year filings.
a. Thomas has had a 50% ownership interest in the Blue Marlin Group since
2005.
III.DISCUSSION:
Thomas, 12-021
Page 13
As the Secretary/Treasurer for Rice Township (“Township”), Luzerne County, from
approximately November 13, 1990, until January 3, 2011, and a Township Supervisor
since January 2012, Respondent Marcia Thomas, also referred to hereinafter as
“Respondent,” “Respondent Thomas,” and “Thomas,” has been a public official/public
employeesubject to the provisions of the Public Official and Employee Ethics Act (“Ethics
Act”), 65 Pa.C.S. § 1101 et seq.
The allegations are that Thomas, in her capacity as the Township
Secretary/Treasurer, violated Sections 1103(a) and 1105(b) of the Ethics Act: (1) when
she used her public position for a private pecuniary benefit, including but not limited to
using Township equipment and resources for a personal benefit; (2) when she authorized
compensation for compensatory and vacation time in excess of compensation approved by
the Township Board of Supervisors; (3) when she submitted documentation to the
Pennsylvania Municipal Retirement System for her inclusion in pension plans which
included altered dates of her employment, resulting in an increased pension to be paid to
her; (4) when she failed to disclose on Statements of Financial Interests (“SFIs”) filed for
the 2007, 2008, and 2009 calendar years all direct/indirect sources of income and her
employment with the Mountaintop Eagle; (5) when she failed to disclose her office,
directorship or employment with the Blue Marlin Group on SFIs filed for the 2007 and 2008
calendar years; and (6) when she failed to disclose creditors in excess of $6,500 on the
SFI filed for the 2009 calendar year.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 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
Thomas, 12-021
Page 14
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)(4) of the Ethics Act requires the filer to disclose on the SFI the name and address
of each creditor to whom is owed in excess of $6,500 and the interest rate thereon.
Subject to certain statutory exceptions 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.
Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any
office, directorship or employment in any business entity.
Section 1105(b)(9) of the Ethics Act requires the filer to disclose on the SFI any
financial interest in any legal entity engaged in business for profit. The term “financial
interest” is defined in the Ethics Act as “\[a\]ny financial interest in a legal entity engaged in
business for profit which comprises more than 5% of the equity of the business or more
than 5% of the assets of the economic interest in indebtedness.” 65 Pa.C.S. § 1102.
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.
From approximately November 13, 1990, until January 3, 2011, Thomas served as
the Township Secretary/Treasurer. Thomas was initially hired by the Township as a part-
time Secretary/Treasurer in training from November 13, 1990, through December 31, 1990,
and she assumed the position of Secretary/Treasurer on a full-time basis effective January
1, 1991. Thomas was annually reappointed as the Secretary/Treasurer between 1991 and
2010, but she was not reappointed to the position during the January 3, 2011,
reorganizational meeting of the Township Board of Supervisors (“Board”). Since January
2012, Thomas has served as a Township Supervisor, having been elected to that position
in November 2011.
The salaries and benefits of Township employees are annually approved by the
Board as part of reorganizational meetings. As a Township employee, Thomas was
eligible to receive fringe benefits, including health insurance coverage, pension plan
participation, paid holidays, and vacation, sick and bereavement days. The Board
annually reviewed and approved a salary plus benefits for Thomas as the
Secretary/Treasurer. Between 2007 and 2010, the Board did not authorize an overtime or
compensatory time policy as a method of compensation for the Secretary/Treasurer, and
Thomas did not request that the Board amend her approved compensation to include the
receipt or payment of compensatory or overtime hours or the payment of sick, holiday,
personal, or vacation hours in excess of those annually established for employees by the
Board.
As the Secretary/Treasurer, Thomas was responsible for processing payroll for
Township employees. Thomas prepared payroll checks, which included her signature as
the Secretary/Treasurer and the signature of one Township Supervisor. Thomas was also
responsible for maintaining leave usage records for Township employees and ensuring
that Township employees did not receive compensation for sick, vacation, or bereavement
hours in excess of those annually approved by the Board.
Between September 14, 2007, and March 31, 2008, Thomas received payments for
Thomas, 12-021
Page 15
compensatory hours. Thomas would not have received such compensatory time payments
had she not initiated them in her official capacity as the Secretary/Treasurer. The
Township Supervisors signing the checks were unaware that the payments were for
compensatory time. The parties have stipulated that the amount of $586.58 that Thomas
received as payment for unapproved compensatory time was de minimis.
The Township payroll is annually reviewed as part of the comprehensive review of
Township financial records by the Township Board of Auditors (“Board of Auditors”). The
Board of Auditors completed the 2010 calendar year audit during the early part of 2011.
As part of its 2010 Audit Report, the Board of Auditors concluded that Thomas was
compensated for excess leave and that Thomas had used Township equipment, including
cellular telephones and computers, for personal purposes. The Board of Auditors
surcharged Thomas for excess vacation pay and alleged misuses of Township materials,
equipment or facilities. The Board of Auditors subsequently approved a settlement
agreement with Thomas pursuant to which the Board of Auditors agreed not to pursue the
surcharge levied against her for excess leave. The parties have stipulated that the amount
of $594.88 that Thomas received in payment for excess leave was de minimis.
Thomas has been employed by the Mountaintop Eagle newspaper on a part-time
basis since approximately 1988. The Mountaintop Eagle’s website identifies Thomas as a
member of the newspaper’s editorial staff. Thomas is also a co-owner of a rental property
business named “Blue Marlin Group.” Blue Marlin Group has been in existence since at
least November 2, 2005, and its assets include two rental properties in Nuangola,
Pennsylvania. Thomas holds a 50% ownership interest in Blue Marlin Group.
As the Township Secretary/Treasurer, Thomas was provided with a Township-
issued cellular telephone (the “Township Cell Phone”) to use for official Township business
between 2007 and January 2011. The Township Cell Phone was assigned a particular
telephone number (the “Township Cell Phone Number”). Pursuant to Township Resolution
98-3, enacted by the Board on March 10, 1998, the Township Cell Phone was to be used
only for Township business.
Thomas used the Township Cell Phone for personal purposes and in support of her
private business interests, including the Mountaintop Eagle and Blue Marlin Group.
Thomas used the Township Cell Phone Number as her point of contact for Blue Marlin
Group and included it on Blue Marlin Group advertising flyers. Between April 1, 2008, and
August 19, 2009, the Township Cell Phone Number was the point of contact for at least
five different tenants who had rental dealings with Blue Marlin Group. Thomas placed
calls to or received calls from these five tenants, which resulted in rental contracts for Blue
Marlin Group. Between April 1, 2008, and August 13, 2009, Blue Marlin Group received
payments totaling approximately $2,335.00 from the five tenants. Thomas also used the
Township Cell Phone Number as a point of contact on various Blue Marlin Group rental
agreements signed between February 2009 and February 2012. See, Fact Findings 36-
39. The parties have stipulated that Thomas’ use of the Township Cell Phone for her
private business interests resulted in a private pecuniary benefit to her of approximately
$2,335.00.
Between December 21, 2007, and December 20, 2010, Thomas placed or received
a minimum of 4,013 calls of a personal or private business nature using the Township Cell
Phone, including calls arranging property rentals on behalf of Blue Marlin Group and calls
placed to the Mountaintop Eagle. Thomas did not have permission from the Board to use
her Township Cell Phone for personal business endeavors and did not reimburse the
Township for any personal or personal business use of her Township Cell Phone.
Between December 21, 2007, and December 20, 2010, the Township paid $481.60 for
charges related to Thomas’ use of the Township Cell Phone for personal and private
business calls. The parties have stipulated that the private pecuniary benefit in the amount
of $481.60 that Thomas received from such use of the Township Cell Phone was de
minimis.
Thomas, 12-021
Page 16
On February 9, 1999, the Board approved Township Ordinance # 99-1, which
authorized the Township’s enrollment in the Pennsylvania Municipal Retirement System
(“PMRS”). Thomas held the position of Township Secretary/Treasurer at all times relevant
to the creation of the Township’s non-uniformed employees’ pension plan (“Township
Pension Plan”) and its subsequent revisions. Under the Township Pension Plan, credited
service begins to accrue from the original member’s date of hire or the expiration of the
member’s probationary period if one existed.
As the Secretary/Treasurer, Thomas was responsible for completing all required
documentation, including applications, payroll information, correspondence, and
employment date verification for all Township employees, and submitting it to PMRS.
Although Thomas was initially hired by the Township in November 1990 as a part-time
Secretary/Treasurer in training and assumed the position of Secretary/Treasurer on a full-
time basis effective January 1, 1991, she signed an application for inclusion in the
Township Pension Plan which listed an effective employment date of January 1, 1990.
Thomas retired from her position as the Township Secretary/Treasurer effective
January 3, 2011. Thomas’ retirement benefits through PMRS were calculated based on
employment dates of January 1, 1990, through January 3, 2011. Based on PMRS’s
calculations, Thomas received an additional amount per month in pension benefits since
January 2011 based on an inaccurate initial employment date of January 1, 1990. The
parties have stipulated that the amount of $562.80 in excess pension payments that
Thomas received as a result of her reporting an inaccurate initial employment date was de
minimis.
As for Thomas’ SFIs, although her SFIs for calendar years 2007 through 2012 were
on file with the Township, she failed to disclose the Township as a source of income on her
SFIs for calendar years 2007 through 2010 and to disclose her employment with the
Mountaintop Eagle on her SFIs for calendar years 2007 through 2009. Thomas further
failed to provide any response to Block number 9 (“Creditors”) on her SFI for calendar year
2009. Thomas additionally failed to disclose her financial interest in Blue Marlin Group on
her SFIs for calendar years 2007 and 2008.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in
relation to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Thomas utilized her
position as Secretary/Treasurer for Rice
Township, Luzerne County for a private
pecuniary benefit when she used Township
equipment, namely a cellular telephone, to
transact rental agreements with Blue Marlin
Group, a business with which she is associated.
b. That a violation of Section 1105(b) \[of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1105(b),\] occurred when Thomas failed to
disclose on Statements of Financial Interests
Thomas, 12-021
Page 17
filed for the 2007, 2008, and 2009 calendar
years all direct/indirect sources of income and
her employment with The Mountaintop Eagle;
when she failed to disclose her office,
directorship or employment with The Blue Marlin
Group on Statements of Financial Interests filed
for the 2007 and 2008 calendar years; and when
she failed to disclose creditors in excess of
$6,500.00 on the Statement of Financial
Interests filed for the 2009 calendar year.
c. That no violation of Section 1103(a) \[of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1103(a),\] occurred when Thomas
authorized compensation for compensatory and
vacation time in excess of compensation
approved by the Township Board of Supervisors,
as any gain realized by Thomas is deemed to be
de minimis.
d. That no violation of Section 1103(a) \[of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1103(a),\] occurred when Thomas
submitted documentation to the Pennsylvania
Municipal Retirement System for her inclusion in
pension plans which included altered dates of
her employment resulting in an increased
pension to be paid to her, as any gain realized
by Thomas is deemed to be de minimis.
4. Thomas agrees to make payment in the amount of $2,335.00
in settlement of this matter payable to Rice Township and
forwarded to the Pennsylvania State Ethics Commission within
thirty (30) days of the issuance of the final adjudication in this
matter.
5. Thomas agrees to file amended complete and accurate
Statements of Financial Interests with Rice Township through
the Pennsylvania State Ethics Commission, for the 2007,
2008, and 2009 calendar years within thirty (30) days of the
issuance of the final adjudication in this matter.
6. Thomas agrees to not accept any reimbursement,
compensation or other payment from Rice 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….
Consent Agreement, at 1-2.
In considering the Consent Agreement, we accept the recommendation of the
parties for a finding that a violation of Section 1103(a) of the Ethics Act occurred when
Thomas utilized her position as the Township Secretary/Treasurer for a private pecuniary
Thomas, 12-021
Page 18
benefit when she used Township equipment, namely a cellular telephone, to transact
rental agreements with Blue Marlin Group, a business with which she is associated.
It is axiomatic that Section 1103(a) of the Ethics Act prohibits the use of
governmental facilities, equipment, time, and the like for private purposes. See, e.g.,
Sindiri, Order 1572; Debias, Order 1539; Neff, Order 1498; Morton, Order 1491; Rembold,
Order 1417; Cobb, Order 1354; Confidential Opinion, 05-001.
As the Township Secretary/Treasurer, Thomas was provided with the Township Cell
Phone to use for official Township business. Thomas used the Township Cell Phone
Number as her point of contact for Blue Marlin Group, a business with which she is
associated as a co-owner. Between April 1, 2008, and August 19, 2009, Thomas placed
calls to or received calls from five tenants, which resulted in rental agreements for Blue
Marlin Group. During the same time period, Blue Marlin Group received payments totaling
approximately $2,335.00 from these five tenants. Thomas also used the Township Cell
Phone Number as a point of contact on various Blue Marlin Group rental agreements
signed between February 2009 and February 2012. The parties have stipulated that
Thomas’ use of the Township Cell Phone for her private business interests resulted in a
private pecuniary benefit to her of approximately $2,335.00.
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 when
Thomas utilized her position as the Township Secretary/Treasurer for a private pecuniary
benefit when she used Township equipment, namely a cellular telephone, to transact
rental agreements with Blue Marlin Group, a business with which she is associated.
Turning to the allegations regarding Thomas’ SFIs, it is clear that Thomas failed to
disclose: (1) the Township as a source of income on her SFIs for calendar years 2007
through 2010; (2) her employment with the Mountaintop Eagle on her SFIs for calendar
years 2007 through 2009; and (3) creditors owed in excess of $6,500 on her SFI for
calendar year 2009. As for the allegation regarding Thomas’ SFIs for calendar years 2007
and 2008 in relation to Blue Marlin Group, per the Consent Agreement, it would appear
that the parties are treating Thomas’ failure to disclose her financial interest in Blue Marlin
Group as a failure to disclose an office, directorship or employment in Blue Marlin Group.
We hold that a violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b),
occurred when Thomas failed to disclose on SFIs filed for the 2007, 2008, and 2009
calendar years all direct/indirect sources of income and her employment with the
Mountaintop Eagle; when she failed to disclose her office, directorship or employment with
Blue Marlin Group on SFIs filed for the 2007 and 2008 calendar years; and when she
failed to disclose creditors in excess of $6,500 on the SFI filed for the 2009 calendar year.
The Consent Agreement of the parties proposes that this Commission find that: (1)
no violation of Section 1103(a) of the Ethics Act occurred when Thomas authorized
compensation for compensatory and vacation time in excess of compensation approved by
the Board, as any gain realized by Thomas is deemed to be de minimis; and (2) no
violation of Section 1103(a) of the Ethics Act occurred when Thomas submitted
documentation to PMRS for her inclusion in pension plans which included altered dates of
her employment, resulting in an increased pension to be paid to her, as any gain realized
by Thomas is deemed to be de minimis. Based upon the Stipulated Findings, we agree
with the parties that any pecuniary gain realized by Thomas as a result of her aforesaid
actions was de minimis.
Accordingly, we hold that no violation of Section 1103(a) of the Ethics Act, 65
Pa.C.S. § 1103(a), occurred when Thomas authorized compensation for compensatory
Thomas, 12-021
Page 19
and vacation time in excess of compensation approved by the Board, as any gain realized
by Thomas is deemed to be de minimis.
We further hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. §
1103(a), occurred when Thomas submitted documentation to PMRS for her inclusion in
pension plans which included altered dates of her employment, resulting in an increased
pension to be paid to her, as any gain realized by Thomas is deemed to be de minimis.
As part of the Consent Agreement, Thomas has agreed to make payment in the
amount of $2,335.00 payable to Rice Township and forwarded to this Commission within
thirty (30) days of the issuance of the final adjudication in this matter.
Thomas 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.
Thomas has further agreed to file amended, complete and accurate SFIs for the
2007, 2008, and 2009 calendar years with the Township, through this Commission, within
thirty (30) days of the issuance of the final adjudication in this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Thomas is directed to make
payment in the amount of $2,335.00 payable to Rice 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, Thomas 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 she has not already done so, Thomas is directed to file amended,
complete and accurate SFIs for the 2007, 2008, and 2009 calendar years with the
th
Township, through this Commission, by no later than the thirtieth (30) day after the
mailing date of this adjudication and Order.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV.CONCLUSIONS OF LAW:
1. As the Secretary/Treasurer for Rice Township (“Township”), Luzerne County, from
approximately November 13, 1990, until January 3, 2011, and a Township
Supervisor since January 2012, Respondent Marcia Thomas (“Thomas”) has been
a public official/public employeesubject to the provisions of the Public Official and
Employee Ethics Act (“Ethics Act”), 65 Pa.C.S. § 1101 et seq.
2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Thomas utilized her position as the Township Secretary/Treasurer for a
private pecuniary benefit when she used Township equipment, namely a cellular
telephone, to transact rental agreements with Blue Marlin Group, a business with
which she is associated.
Thomas, 12-021
Page 20
3. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred
when Thomas failed to disclose on Statements of Financial Interests (“SFIs”) filed
for the 2007, 2008, and 2009 calendar years all direct/indirect sources of income
and her employment with the Mountaintop Eagle; when she failed to disclose her
office, directorship or employment with Blue Marlin Group on SFIs filed for the 2007
and 2008 calendar years; and when she failed to disclose creditors in excess of
$6,500 on the SFI filed for the 2009 calendar year.
4. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Thomas authorized compensation for compensatory and vacation time in
excess of compensation approved by the Township Board of Supervisors, as any
gain realized by Thomas is deemed to be de minimis.
5. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Thomas submitted documentation to the Pennsylvania Municipal Retirement
System for her inclusion in pension plans which included altered dates of her
employment, resulting in an increased pension to be paid to her, as any gain
realized by Thomas is deemed to be de minimis.
In Re: Marcia Thomas, : File Docket: 12-021
Respondent : Date Decided: 6/16/14
: Date Mailed: 7/9/14
ORDER NO. 1640
1. A violation of Section 1103(a) of the Public Official and Employee Ethics Act
(“Ethics Act”), 65 Pa.C.S. § 1103(a), occurred when Marcia Thomas (“Thomas”)
utilized her position as the Secretary/Treasurer for Rice Township (“Township”),
Luzerne County, for a private pecuniary benefit when she used Township
equipment, namely a cellular telephone, to transact rental agreements with Blue
Marlin Group, a business with which she is associated.
2. A violation of Section 1105(b) of the Ethics Act, 65 Pa.C.S. § 1105(b), occurred
when Thomas failed to disclose on Statements of Financial Interests (“SFIs”) filed
for the 2007, 2008, and 2009 calendar years all direct/indirect sources of income
and her employment with the Mountaintop Eagle; when she failed to disclose her
office, directorship or employment with Blue Marlin Group on SFIs filed for the 2007
and 2008 calendar years; and when she failed to disclose creditors in excess of
$6,500 on the SFI filed for the 2009 calendar year.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Thomas authorized compensation for compensatory and vacation time in
excess of compensation approved by the Township Board of Supervisors, as any
gain realized by Thomas is deemed to be de minimis.
4. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
when Thomas submitted documentation to the Pennsylvania Municipal Retirement
System for her inclusion in pension plans which included altered dates of her
employment, resulting in an increased pension to be paid to her, as any gain
realized by Thomas is deemed to be de minimis.
5. Per the Consent Agreement of the parties, Thomas is directed to make payment in
the amount of $2,335.00 payable to Rice 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.
6. Per the Consent Agreement of the parties, Thomas is directed to not accept any
reimbursement, compensation or other payment from Rice Township representing a
full or partial reimbursement of the amount paid in settlement of this matter.
7. To the extent she has not already done so, Thomas is directed to file amended,
complete and accurate SFIs for the 2007, 2008, and 2009 calendar years with the
Township, through the Pennsylvania State Ethics Commission, by no later than the
th
thirtieth (30) day after the mailing date of this Order.
8. Compliance with paragraphs 5, 6, and 7 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,
___________________________
Name, Case #
Page 22
John J. Bolger, Chair