HomeMy WebLinkAbout1710 RheeltV PAN
STATE ETHICS COMMISSION
349 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Joann Danielle Rheel,
Respondent
File Docket:
X -ref:
Date Decided:
Date Mailed:
16 -008
Order No. 1710
3128117
3131117
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Maria Feeley
Melanie DePalma
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 sew., 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 not filed and a hearing was deemed waived.
A Stipulation of Findings and a Consent Agreement were subsequently submitted by the
�arties to the Commission for consideration. The Stipulated Findings are set forth as the
indings in this Order. The Consent Agreement has been approved.
ALLEGATIONS:
That Joann Danielle Rheel, a public official /public employee in her capacity as a
Supervisor for Conemaugh Township, Cambria County, violated [Sections 1103(x),
1104(a), 1104(d), 1105(a), 1105(b)(3), 1105(b) (4), and 1105(b)(8)] of the State Ethics Act
(Act 93 of 1998) when she used the authority of her public position to assume a position of
employment with the Township, absent appointment or authorization by the Board of
Supervisors and/or Board of Auditors, thereby setting her own hours of work and rate of
pa ;and when she received compensation for performing Supervisor duties; and when she
failed to disclose any office, directorship or employment of any nature whatsoever in any
business entity, on Statements of Financial Interests filed for calendar years 2013, 2014
and 2015; [and when she] failed to disclose any reportable real estate interests], and failed
to disclose the name and address of each cre itor to whom is owed in excess of $6,500
and the interest rate thereon, on (a] calendar year 2014 Statement of Financial Interests;
and when she failed to affix a signature date to her 2015 calendar year Statement of
Financial Interests.
II. FINDINGS:
Joann Danielle Rheel ( "Rheel ") has served as a Supervisor for Conemauggh
Township ( "Township "), Cambria County, from January 6, 2014, through E
present.
Rheel was appointed Chairman of the Township Board of Supervisors on
January 4, 2016.
P.O. BOX 1 1470, HARRISBURG, PA 17108 -1470 • 717- 783 -1610 • 1- 800 -932 -0936 • www.ethics.state.pa.us
Rheel, 16 -008
age 2
b. Rheel previously served as the Vice Chairman of the Township Board of
Supervisors during 2014 and 2015.
2. In addition to her public office, Rheel has been employed as an on -call Rural Carrier
Associate ("RCA!') at the Windber Post Office from February 2016 through the
present.
a. Additionally, Rheel has been employed since April 17, 2013, as a part-
time/on-call school van /bus driver for the Ribblett Corporation.
3. The Township is a Second Class Township governed by a three (3) Member Board
of Supervisors ( "Board ").
a. Regular meetings are held on the first Monday of each month.
1. Workshop and special meetings are held as needed.
b. Supervisors are compensated $50.00 for each meeting attended.
4. Voting at Township meetings occurs via "aye" or "nay" fashion after a motion is
made and properly seconded.
5. The Township Secretary/Treasurer manages the administrative functions of the
Township, which include, but are not limited to, the following:
a. Maintaining Township records;
b. Maintaining accounts receivable /payable;
C. Processing payroll; and
d. Managing the Township's garbage fee collections.
6. The Secretary/Treasurer is responsible for recording the Board meeting minutes.
a. The Secretary/Treasurer will take notes at Board meetings to later generate
the official meeting minutes.
1. The minutes are subsequently approved by the Board at its following
meeting.
7. The Secretary/Treasurer is responsible for preparing material for the Board in
advance of a meeting.
a. Board meeting material is compiled into a packet for each Supervisor prior to
a Board meeting.
b. The packet includes an agenda, the prior month's minutes, a financial report
(which discloses account balances), list of expenditures, and any relevant
correspondences.
1. Payroll information, in the form of check number and amount paid per
check, is noted on the list of expenditures.
2. At a regular meeting, the Board will vote to approve the payment of
the list of expenditures, including payroll.
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aa. Rheel routinely voted affirmatively to approve payment of the
monthly bills.
8. The Supervisors and the Secretary/Treasurer maintain signature authority over the
Township's financial accounts.
a. Township checks require the signatures of the Secretary/Treasurer and any
two (2) of the three (3) Supervisors.
b. Facsimile signature stamps are not utilized.
9. The Secretary/Treasurer is responsible for processing payroll of Township
employees.
a. To assist in payroll distribution, the Road Foreman and Police Chief submit a
bi- weekly timesheet for their respective departments to the
Secretary/Treasurer.
The timesheets note the employee, hours worked per day and week,
and a general description of work performed by the department for
each day.
2. The timesheets are verified by the Road Foreman /Police Chief.
3. The timesheets are not reviewed by a Supervisor and/or the Board
prior to, or after, the issuance of paychecks.
aa. Beginning January 2016, timesheets were included in the
Board meeting packets, per the recommendation of the
Township Auditors.
4. The Secretary/Treasurer does not review and /or approve the
work /hours listed on the timesheets.
b. Upon receipt of the timesheets, the SecretaryfTreasurer places the
hours /wages for the Secretary/Treasurer, Tax Collector, and Janitor on the
Road Department timesheet.
C. The Secretary/Treasurer calculates gross and net pay for each employee
based on the hours listed on the timesheets.
d. The Secretary/Treasurer drafts the paychecks and obtains the signatures of
the Supervisors prior to distribution.
1. The Supervisors are contacted by the Secretary/Treasurer when
paychecks are ready to be signed.
2. Supervisors who are readily available generally sign the paychecks at
the Township building. If none are available, paychecks are delivered
by the Road Foreman/Police Chief to the Supervisors for their
respective signatures.
10. [The Second Class Township Code] establishes that the board of auditors shall
determine the compensation for a supervisor employed with a township:
The compensation of supervisors, when employed as roadmasters,
laborers, secretary, treasurer, assistant secretary, assistant treasurer or
in any employe capacity not otherwise prohibited by this or any other
Rheel, 16 -008
-'4
act, shall be determined by the board of auditors, at an hourly, daily,
weekly, semi - monthly or monthly basis, which shall be comparable o
compensation paid in the locality for similar services....
53 P.S. § 65606(a).
11. [The Second Class Township Codel requires that the auditors establish
compensation for supervisors in an employee capacity:
The board of auditors shall determine the compensations for the
current year authorized in section 606 for supervisors employed by
the township....
53 P.S. § 65901(a)
12. Township Supervisors have traditionally served as roadmasters, laborers, or
"working supervisors" on an as- needed basis.
13. Township Supervisors serving as "working supervisors" are not appointed or
designated through any official action of the Board.
a. The Board does not vote to appoint Supervisors as Township employees.
b. Supervisors who work for the Township are considered general labor, unless
otherwise specifically appointed as Roadmaster.
Working supervisors have historically only provided labor support to
the Road Department.
2. Supervisors who are employed by the Township do not hold any
managerial positions.
3. Supervisors who are employed by the Township typically work in a
part-time capacity.
14. Township Auditors convene twice a year to set the compensation of any
Supervisor(s) employed by the Township and to present the results of the annual
audit.
a. The Auditors do not set any guidelines for the Supervisors in relation to the
type of work they can perform for compensation.
b. Although the Supervisors do not officially appoint themselves to any specific
employee positions, the Auditors set Supervisor compensation nonetheless.
C, The only compensation for Supervisors set by the Auditors is the wage /salary
of those Supervisors serving as Roadmaster, laborer, and
Secretary/Treasurer.
d. The Auditors established working supervisor compensation for 2014, 2015,
and 2016 as follows:
Year
Roadmaster
Laborer
5ecreta !Treasurer
20-4-P-2.08/hour
.0 our
800 mont
2015
2.08 our
.03 our
$UUU/montli
2016
$13.08/hour
2.03 our
800 mont
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15. The Auditors conduct an annual audit of Township records and present their
findingslrecommendations to the Board.
a. The Secretary/Treasurer provides the pertinent records to the Auditors for
review.
b. The audit involves a reconciliation of Township accounts, including payroll
and the Township's garbage collection records.
C. The Board receives and reviews the final repo Wrecom mend ations, but is not
obligated to agree to or abide by the findingslrecommendations.
16. Dan Freiwald ( "Freiwald ") was the Township's Police Chief beginning in January
1991, Zoning nd Building Enforcement Officer effective January 2001, and Road
Foreman effective January 2004.
a. Freiwald held the aforementioned employment positions until his death on
April 15, 2016.
17. Supervisor Larry Marhefka ( "Marhefka ") was the Roadmaster prior to Freiwald's
appointment as Road Foreman in January 2004.
a. Marhefka and Freiwald were both appointed as Roadmaster /Road Foreman
between 2004 and 2013.
Marhefka's service as a Supervisor ended at the end of 2013.
b. In or about November 1.999, Freiwald began verifying all employees'
timesheets.
C. Freiwald completed the timesheets for each pay period, listing the hours of
each Road Crew employee.
1. The timesheets also included the hours of any Supervisor(s) working
in a labor employee capacity.
2. Supervisors were not employed in a full -time capacity but worked on
an as- needed basis, usually as a roadworker.
18. Rheel began claiming hours as an employee for the Township after taking office in
2014.
a. Rheei's timesheets confirm she first claimed hours on February 5, 2014, and
February 6, 2014.
b. Sppecific duties completed were not itemized on timesheets completed by
Rheel and reviewed by Freiwald.
19. Between January and March 2014, Freiwald listed Rheel on the Road Department
timesheets, and recorded Rheel's total hours worked per day.
a. In or by March 2014, a dispute occurred between Freiwald and Rheel
concerning the number of hours Rhee[ was claiming to have worked.
1. Freiwald listed Rheel as having worked a total of two (2) hours for the
March 1, 2014, through March 15, 2014, timesheet while Rheel
claimed she worked thirty -six (36) hours.
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2. Based on Rheel's assertions of her hours worked, Township
Secretary ohn Peschock ("Peschock") ecorded Rheel as havingg
worked a total of thirty -six (36) hours for the March 1, 2014, througFi
March 15, 2014, pay period.
3. Rheel was compensated for thirty -six (36) hours at the $11.03 er
hour rate set by the Auditors, totaling $397.08 for that pay periodp
20. As a result of conflicts between Freiwald and Rheel that continued throughout 2014,
Rheel submitted her hours directly to Peschock beginning July 2014.
a. Freiwald continued to list Rheel on the timesheets, but did not record the
hours she worked.
1. Freiwald verified /signed the timesheets, even though he did not list
Rheel's hours.
b. Rheel submitted her hours directly to Peschock for payroll purposes.
1. Rheel's hours did not contain a description of the work completed.
C. Peschock subsequently recorded Rheel's total hours for the pay period on
the timesheets.
d. The Supervisors did not review and/or approve the timesheets, once
completed by Peschock.
1. Payroll was issued for all employees based on the timesheets
approved by Freiwald and /or Peschock.
2. The Board approved payroll and signed checks issued to Rheel.
21. By November 2014, Peschock requested that Rheel begin recording the type of
work she was completing, in addition to the total hours worked.
a. Rheel then began providing timesheets that included a general description of
the type of work she completed for each day.
22. Rheel continued to submit her hours for compensation to Peschock for the
remainder of 2014.
a. Rheel performed labor -type work with the Road Department throughout
2014, including snow plowing, maintenance of equipment, and
cleaning /beautification of Township property, which was typical of the type of
duties for which Supervisors have been compensated.
23. In 2014, Rheel received compensation totaling $3,688.77 (which includes $650.00
of meeting pay) from the Township, based on timesheets submitted by Rheel.
a. Peschock processed payroll for Rheel at the hourly pay rate set by the
Auditors of $11.03 per hour as a working Supervisor.
b. The Board regularly approved payroll which included payments issued to
Rheel.
24. Between February and August 2014, Rheel submitted 207 hours for compensation
totaling $2,283.21, which hours contained no description of the type of work
completed by Rheel.
Rheel, 16 -008
F-a—ge 7
a. Rheel served as the authorized Township signatory on all nine of the
paychecks issued to her.
b. In 2014 Rheel voted affirmative)y in approving payroll reports that listed all
nine (9) paychecks issued to her that resulted from timesheets which
contained no description of the type of work Rheel completed.
25. In November 2014, Rheel also claimed an estimated total of 7.88 hours, totaling
$86.92 in compensation, for work directly related to her supervisory duties, per the
[Second Class Township Code].
26. In 2015, Rheel continued to submit hours directly to the newly- appointed
Secretary/Treasurer, Melissa Sarlouis ("Sarlouis"),
a. Sarlouis processed payroll in the same manner as did Peschock during his
tenure (i.e., Police Chief /Road Foreman submitted timesheets for their
respective departments).
b. Sarlouis was a subordinate employee to Rheel and processed hours
submitted by Rheel for payment.
27. In 2015, Rheel received a total of $9,904.53 (which includes $700.00 of meeting
pay) as compensation from the Township.
a. The compensation received by Rheel was a direct result of Rheel submitting
timesheets to Sarlouis.
b. The Board did not review any of the timesheets submitted by Rheel but
regularly approved payroll and signed checks issued to Rheel.
28. Of the total compensation received by Rheel in 2015, Rheel claimed approximately
194 hours for work directly related to her supervisory duties.
a. Rheel's timesheets reflect a total of at least forty -six (46) days that Rheel
was compensated for performing work encompassed within her supervisory
duties.
1. On occasions where Rheel's timesheets would list multiple areas of
work erformed, which included supervisory duties, same was not
included in the above total.
2. An exact total of supervisory-duty related hours could not be
confirmed.
b. Rheel, as an authorized signatory for Township accounts, signed eight (8) of
the fourteen (14) paychecks issued to her in 2015.
C. In 2015 Rheel voted affirmatively in approving payroll reports that listed all
fourteen (14) paychecks issued to her that resulted from timesheets which
listed her performing work directly related to her supervisory duties.
29. In 2016, Rheel claimed approximately 70.5 hours, totaling $848.12 in
compensation, for work directly related to her supervisory duties.
a. Rheel's timesheets reflect a total of at least twenty -six (26) instances where
Rheel was compensated for performing supervisory duties within her position
as an elected Supervisor.
Rheel, 16 -008
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30. In 2016 Rheel voted affirmatively in approving payroll reports that listed all five (5)
paychecks issued to her that resulted from timesheets which listed her performing
work directly related to her supervisory duties.
31. Between January 2014 and August 2016, Rheel submitted timesheets to the
Secretary/Treasurer that listed no specific work performed and/or claimed
compensation for duties related to her office as an elected Supervisor, resulting in
her receiving compensation from public monies.
a. Rheel, as an authorized signatory for Township accounts, signed five (5) of
the twelve (12) paychecks issued to her in 2016 (January to August) which
included payments for services related to her position as a Supervisor.
b. Rheel, as an authorized signatory for Township accounts, signed eight (8) of
the fourteen (14) paychecks issued to her in 2015 for services related to her
position as a Supervisor.
C. Between 2014 and 2016 Rheel regularly voted to approve the monthly
expenditures which included Township payroll including payments to her.
THE FOLLOWING FINDINGS ARE IN RELATION TO RHEEL ASSUMING A POSITION
OF EMPLOYMENT WITH THE TOWNSHIP ABSENT APPOINTMENT OR
AUTHORIZATION BY THE BOARD OF SUPERVISORS ANDIOR BOARD OF
AUDITORS.
32. Township Ordinance No. 122 -Solid Waste Ordinance, adopted May 4, 1992, sets
forth that "The municipality shall provide for the collection of all garbage, rubbish,
and bulky wastes from individual residences and multi - family residential sources"
located within the Township.
a. Commercial, institutional and industrial establishments are to dispose of all
waste through arrangements approved by the Township.
b. The Ordinance further sets forth that the Township will establish an annual
fee schedule based on the actual costs of collecting and anticipated
volumes.
33. The Secretary/Treasurer is responsible for managing the garbage collection fee,
including but not limited to the following:
a. Mailing out collection notices;
b. Informing residents as to methods of payment for the services;
C. Distributing garbage stickers to residents who have paid;
1. The garbage stickers are to be placed on garbage bags, signifying the
resident has paid for that year.
d. Depositing the fees into Township accounts; and
e. Tracking delinquent accounts,
34. From about 1979 until approximately the end of 2014, the Township garbage fee
collection was managed by Secretary/Treasurer Peschock.
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F -a-g-e-9
35. Each year, Peschock was responsible for maintaining and distributing notices to
residents that specified any collection fee, available methods of payment, and
specified days of garbage collection.
a. Garbage collection fees could be paid through the mail, placed in the
Township drop -off mail slot at the door of the Township building, or paid in
person at the Township building during the established collection hours.
b. Although other Township officialslemployees could collect fees, the primary
responsibility for the collection was with the Secretary/Treasurer.
I . The fees were at times also collected by the Supervisors, Road
Foreman /Police Chief, and/or the Police Captain, forthe convenience
of a resident if the Secretary/Treasurer was not available.
C. Garbage fee collection hours varied in the final years of Peschock's tenure,
as reflected in the chart below:
Year
Collection Times
2009
Fees can be paid at the Municipal Buil ing until February 28, 2009
Tuesday and Thursday 9:30 a.m. - 11:30 a.m.
201-1 --Fees
can be pal at t e Municipal Building until February 28, 2011
Monday only 9:30 a.m. - 11:30 a.m. and 4 P.M. - 6 p.m.
2012
-Fees can be paid at the Municipal Building until February 29, 2012
Monday only 9:30 a.m. - 11 a,m. and 4 m. - 5:30 .m.
2013
Fees can a pal at the Municipal Bui ing unti e ruary 28, 2013
Thursday 10:30 a.m. - noon and 4 .m. - 5:30 p.m.
2014
Fees can e ai at the Building until February 28, 20 4
Thursday and Friday 9 a.m. - noon
*No information was available for calendar year 2010.
36. The Township Auditors Reports dated February 19, 2013, February 22, 2014, and
February 21, 2015, each offered input and recommendations pertaining to the
Township's garbage fee collections.
a. The reports found that the late payment policy was not being consistently
applied and it was recommended same be corrected:
In looking at dates upon which garbage payments were made, it
does not appear that the late payment policy was consistently
applied and should be corrected.
b. The reports also suggested that efforts be made to ensure all accounts were
being paid up -to -date:
That every effort be made to ensure that all required garbage
fees be collected from every residential and commercial
property owner.
C. Although the reports offered recommendations to the Board, the Board was
not mandated to implement the recommendations.
37. The issues pertaining to garbage fee collections that were identified by the Auditors
led to occasional Board discussions, but did not result in any official action until
2014 when Rheel took office.
38. After taking office in 2014, Rheel expressed interest in administering the garbage
collection fees.
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a. There was no vote of the Board authorizing Rheel to administer garbage
collection fees.
1. The Board was aware and agreed that Rheel would be reviewing the
collection process.
b. Rheel began reporting to the Township building during the hours Peschock
collected fees.
C. Rheel's 2014 timecards do not reflect her claiming hours for compensation
for performing garbage fee collections.
1. Rheei's 2014 timecards are non - descriptive, and do not detail the
specific work she performed.
39. At the December 1, 2014, Township meeting, the Board hired Sarlouis to replace
Peschock as Secretary/Treasurer.
a. Peschock was to train Sarlouis in the duties /res onsibilities of the
Secretary/Treasurer position, including garbage fee collection.
b. The hiring was in anticipation of replacing Peschock upon his retirement at
the end of 2014.
C. At the January 5, 2015, re- organization meeting, the Board appointed
Sarlouis as Secretary/Treasurer.
40. At a Board meeting in or around late 2014 /early 2015, the topic of garbage fee
collections was raised by citizens and was subsequently discussed by the Board.
a. During the discussion, Rheel volunteered to manage the garbage fee
collections for 2015.
b. The Board agreed that Rheel would assist with garbage fee collections, but
did not discuss whether Rheel would be compensated in relation to garbage
fee collections for 2015.
41. Peschock prepared the 2015 garbage notices prior to retiring at the end of
December 2014.
a. In preparing the notices, Peschock contacted Sarlouis to determine her
collection times for the upcoming year (2015) so that the days and times
could be included with the notices.
b. Sarlouis informed Peschock that she was unavailable during the day to
collect, due to her full -time day job.
1. The Secretary/Treasurer is not a full -time employment position.
C. Peschock suggested that Sarlouis speak to Rheel about Rheel collecting
garbage fees in 2015.
d. Sarlouis informed Rheel about the collections and that she ( Sarlouis) was
unavailable to collect during the day.
1. Rheel agreed to commit time to the collections and set her collection
hours for 2015 as Monday to Friday, from 9:00 a.m. to 12:30 p.m.
Rheel, 16 -008
T5-11
2. Sarlouis agreed to collect on Wednesday evenings from 5:00 p.m. to
6:30 p.m.
e. Sarlouis informed Peschock of the 2015 collection times that she and Rheel
had mutually agreed upon.
Peschock placed the 2015 collection times agreed to by Sarlouis and
Rheel on the garbage notices that he mailed to residents.
42. As a result of the discussions among Sarlouis, Rheel and Peschock, Rheel
submitted hours for compensation for collecting payments, drafting mailings for
garbage accounts, and managing calls relating to garbage payments.
a. Rheel reported on her timesheets submitted for payment the work related to
the 2015 garbage fee collections.
43. The remaining Members of the Board were aware of and agreed with Rheel
collecting garbage payments and managing delinquent accounts.
a. The Board did not discuss or vote to approve Rheel's duties or compensation
in relation to the garbage fee collection.
b. Supervisor George Cveykus ("Cveykus") had no specific knowledge whether
Rheel received compensation for performing garbage fee collections until
Freiwald informed him of the matter in late 2015.
1. Cveykus believed it was permissible for Rheel to be compensated for
performing garbage fee collections.
C. Supervisor Freidhoff had specific knowledge Rheel was being compensated
for work related to garbage fee collections but did not address the Board
and /or Rheel as to whether she could be compensated for performing such
work.
Freidhoff was willing to compensate Rheel for performing garbage fee
collections had she raised the issue with the Board.
d. During 2015, Cveykus and Freidhoff voted to approve bill lists which included
payments to Rheel.
44. At the May 4, 2015, regular meetin .9, the Board discussed the Auditors' February
21, 2015, report and recommendations which addressed the following regarding
delinquent accounts:
That every effort be made to ensure that all required garbage fees be
collected from every residential and commercial property owner. It is
also recommended that a separate garbage fee be paid for each
rental unit.
a. During the meeting, the Supervisors agreed that Rheel would send reminder
letters to residents that have unpaid garbage fees.
45. Throughout 2015, Rheel worked with Solicitor William Barbin ( "Barbin ") and Sarlouis
to update the garbage account listings and to manage delinquent accounts.
a. Rheel recorded on her timesheets the work with Barbin and Sarlouis that was
associated with updating the garbage accounts.
Rheel, 16 -008
Tape 12
b. The Board was aware Rheel was updating the garbage account listings and
managing the delinquent accounts.
46. On at least two occasions during 2015, Rheel provided the Board with updates
concerning delinquent garbage accounts at regular Board meetings.
a. At the August 3, 2015, meeting, Rheel reported that fees collected in 2015
totaled $108,450.00 to date.
b. At the September 8, 2015, meeting, Rheel reported the garbage bills for
2016 will include new language stating "you may be prosecuted" and
"Payment of garbage is mandated by Ordinance #122."
1. Rheel also announced that sixteen (16) residents did not pay their
2015 garbage collection fee, and that the Solicitor was proceeding to
place liens against those properties.
47. Rheel claimed hours specific to garbage fee collections in 2015 beginning with her
January 16, 2015, timesheet.
48. For 2015, Rheel submitted sixteen (16) timesheets that record a total of 262.5 hours
for performing work directly related to collecting garbage fees, which resulted in
Rheel's receipt of compensation totaling $2,895.38.
49. Township payroll is approved by the Board during regular Township meetings.
a. Payments are issued to Supervisors for hours claimed based on timesheets
submitted by the Supervisors.
b. Sixteen (16) paychecks were issued to Rheel in 2015 based on timesheets
Rheel submitted, with payments totaling $2,895.38 for garbage fee
collecting.
C. Rheel signed eight (8) of the sixteen (16) paychecks issued to her in 2015,
which included payments for garbage fee collecting.
50. In 2015 Rheel participated in approving no less than ten (10) bill lists which included
payments to her for garbage fee collections.
a. In 2015 Rheel voted affirmatively in approving payroll reports that listed all
sixteen (16) paychecks issued to her that resulted from timesheets which
listed her performing work directly related to the collection of garbage fees.
51. At the November 2, 2015, Board meeting, Rheel offered to continue to collect
Township garbage fees for 2016.
a. Rheel recommended that all payments be dropped off or mailed to the
Township building to be later processed at her residence.
b. The Board was in agreement that Rheel continue garbage fee collections.
C. There was no official action by the Board to authorize Rheel to perform the
garbage fee collections for 2016 or be compensated for the work.
52. During 2016, Rheel continued to provide updates to the Board as to garbage fee
collections.
Rheel 16 -008
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a. At the February 1, 2016, meeting, Rheel reported the garbage collection fees
to date as $29,169.00.
b. At the March 7, 2016, meeting, Rheel reported the garbage fee collection
was $99,360.00, and additionally recommended the Township remain with
Waste Management for garbage collection services.
53. Between January and April 2016, Rheel submitted six (6) timesheets claiming a
total of 142 hours for performing work related to garbage fee collections, which
resulted in her receiving compensation totaling $1,708.26.
a. Rheel's 2016 timesheets. as submitted to the Township, include hours
claimed for garbage fee collection.
54. A total of six (6) payments were issued to Rheel in 2016 for hours worked for the
Township, including hours from January and February for garbage fee collections.
a. Rheel signed all six (6) of the paychecks issued to her which included
compensation related to garbage fee collections.
b. Rheel participated in approving payroll which included payments to her in
2016 for garbage fee collections.
C. In 2016 Rheel voted affirmatively in approving payroll reports that listed all
six (6) paychecks issued to her that resulted from timesheets which listed her
performing work directly related to the collection of garbage fees.
55. Rheel ceased claiming hours for compensation for garbage fee collections following
the initiation of the Commission's investigation regarding this matter.
56. In 2015 and 2016, the Board was aware and supportive of Rheel assuming the
garbage fee collection responsibilities, but did not discuss or take official action to
set, or authorize Rheel to receive, compensation for the work.
a. The Board did not take any formal action to appoint Rheel as the Township's
primary and/or secondary garbage fee collector.
b. Rheel did not inform the Board that she would be seeking compensation for
work related to garbage fee collections.
C. Sarlouis did not question whether Rheel could be compensated for the
collection services.
d. Neither Rheel nor the Board sought that any specific compensation be set by
the Board of Auditors.
1. Rheel was compensated at the rate of a Township laborer.
e. Township payroll [included payments to Rheel] for garbage fee collections.
The Board did not specifically create or designate a position with
responsibility for the collection of the garbage fees.
No Board Member ever questioned Rheel's receipt of compensation for
garbage fee collections.
Rheel, 16 -008
X14
57. The Township Auditors' February 27, 2016, report for the 2015 calendar year
finances commented on the efforts of the Supervisors and Secretary/Treasurer in
the garbage fee collections:
...the Supervisors and the Secretary /Treasurer be commended for
their efforts in the collection of garbage fees due. Those efforts
resulted in an increased collection of over $14,000.
58. On June 1, 2016, and November 3, 2016, Rheel was interviewed by representatives
of the Investigative Division, during which Rheel claimed, among other things, the
following:
a. Rheel had no knowledge as to the type of work she could perform and also
be compensated for in her Supervisor position.
1. Early in her tenure, Rheel asked Supervisor Cveykus about a job
description for the Supervisor position and was told to "figure it out."
2. Rheel contacted and later attended PSATS seminars to become more
familiar with her duties /responsibilities as a Supervisor.
b. Early, in her tenure, Solicitor Barbin informed Rheel that all Supervisors were
considered "Roadmasters."
C. Rheel and Freiwald had a conflict with one another which led to her
submitting timesheets directly to Secretary/Treasurer Peschock.
1. Rheel claimed she was not compensated for the hours she had
worked.
d. Rheel admitted to recording hours to attend a PSATS seminar(s) with the
expectation of being compensated.
1. Rheel claimed to have learned from PSATS that supervisors can be
compensated for attending the seminar, since it benefited their
townships.
e. Rheel volunteered to perform garbage fee collections upon discussion with
the Board and Peschock.
1. The Board was supportive of her performing the collections, but did
not formally appoint her to the duty /responsibility.
f. Rheel submitted timesheets for hours worked performing garbage fee
collections with the expectation of being compensated.
1. Rheel asserts that Peschock informed her ( Rheel) that she would be
compensated for performing garbage fee collections.
g. For the 2016 collections, Rheel informed the Board that having collection
hours at the Township building was inefficient and that it would be more
efficient to have the payments mailed to, or dropped off at, the Township
mailbox to be processed at a later time by Rheel at her residence.
1. Rheel claimed that she informed the Board she would no longer
collect the fee at the Township building during the day.
Rheel, 16 -008
X95
2. Rheel claimed her position as an RCA was not a factor in ending the
collection hours in 2016.
h. Rheel volunteered to manage garbage fee collections in 2016, and claims
that she informed the Board that there was excessive downtime during the
collection times in 2015; therefore, she recommended eliminating collection
times and to have residents mail or drop off payments at the Township
building.
i. Rheel admitted to having claimed compensation for performing reviews of a
police contract in late 2015, going to local police departments to compare the
contract with others, and reviewing the Police Department's budget in
conjunction with the review of the contract.
59. From January 2015 to May 2016, Rheel submitted timesheets to the
Secretary/Treasurer that listed garbage fee collection, at a time when the Board did
not appoint Rheel or authorize Rheel to specifically appoint herself to such position
of employment, which resulted in compensation paid to her from public monies.
THE FOLLOWING FINDINGS ARE IN RELATION TO DISCREPANCIES FOUND ON
RHEEL'S CALENDAR YEAR 2013, 2014, AND 2015 STATEMENT OF FINANCIAL
INTERESTS FORMS.
60. Section 1104(a) of the State Ethics Act sets forth that each public official of the
Commonwealth shall file a Statement of Financial Interests ( "SFI ") for the preceding
calendar year with the Commission no later than May 1 of each year that he holds
such position and of the year after he leaves such position.
a. Rheel was required to file SFIs for calendar years 2013, 2014, and 2015 as a
Supervisor.
61. In May 2015, an SFI compliance review of the Township was conducted.
a. Rheel's SFIs for calendar years 2013, 2014, and 2015 were reviewed.
62. Block 8 requires the disclosure of [any direct or indirect interest in any real estate
which was sold or leased to or purchased or leased from the Commonwealth, any of
its agencies or political subdivisions, or which was the subject of any condemnation
proceedings by the Commonwealth or any of its agencies or political subdivisions].
a. Block 8 was blank on Rheel's 2014 calendar year SFI form.
63. Block 9 requires the disclose of the name and address of each creditor to whom is
owed in excess of $6,500 and the interest rate thereon.
a. Block 9 was blank on Rheel's 2014 calendar year SFI form.
64. Block 13 requires the disclosure of any office, directorship or employment of any
nature whatsoever in any business entity.
a. Block 13 was blank on Rheel's 2013, 2014, and 2015 calendar year SFI
forms.
65. Instructions are attached to each blank SFI form.
a. The instructions indicate that the current date is to be entered on the form.
b. Rheel's 2015 calendar year SFI form was not dated.
Rheel, 16 -008
��16
Ill. DISCUSSION:
As a Supervisor for Conemaugh Township ( "Township "), Cambria County, from
January 6, 2014, through the present, Respondent Joann Danielle Rheel, also referred to
herein as Respondent, Respondent Rheel, and Rheei, 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 se q.
The allegations are that Rheel violated Sections 1103(a), 1104(a), 1104(d), 1105(a),
1105(b }(3), 1105(b)(4 }, and 1105(b ) (8) of the Ethics Act: (1) when she used the authority of
her public position to assume a position of employment with the Township, absent
appointment or authorization by the Township Board of Supervisors and/or Township
Board of Auditors, thereby setting her own hours of work and rate of pay, (2) when she
received compensation for perFormin Supervisor duties, (3) when she failed to disclose
any office, directorship or employmenof any nature whatsoever in any business entity, on
Statements of Financial Interests ( "SFIs ") filed for calendar years 2013, 2014 and 2015; (4)
when she failed to disclose any reportable real estate interests and failed to disclose the
name and address of each creditor to whom is owed in excess of $6,500 and the interest
rate thereon, on a calendar year 2014 SF1; and (5) when she failed to affix a signature date
to her 2015 calendar year SFI.
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 employyee 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 ublic official or public employee, a member
of his immediate family or a business with which he or a
member of his immediate family is associated.
65 Pa.C.S. § 1102.
Section 1103(a) of the Ethics Act prohibits a public official /public employee from
using the authority of public office /employment or confidential information received by
holding such a public position for the private pecuniary benefit of the public official/public
employee himself, any member of his immediate family, or a business with which he or a
member of his immediate family is associated.
Rheel 16 -008
7age 17
Section 1104(a) of the Ethics Act provides that each public official /public employee
must file an SFI fort the preceding calendar year, each year that he holds the position and
the year after he leaves it.
Section 1104(d) of the Ethics Act provides that no public official shall be allowed to
take the oath of office, or enter or continue upon his duties, nor shall he receive
compensation from public funds, unless he has filed an SFI as required by the Ethics Act.
Section 1105(a) of the Ethics Act provides that the SFI shall be filed on the form
prescribed by this Commission; that all information requested on the form shall be provided
to the best of the knowledge, information and belief of the filer; and that the form shall be
signed under oath or equivalent affirmation.
Section 1105(b)(3) of the Ethics Act requires the filer to disclose on the SFI any
direct or indirect interest in any real estate which was sold or leased to or purchased or
leased from the Commonwealth, any of its agencies or political subdivisions, or which was
the subject of any condemnation proceedings by the Commonwealth or any of its agencies
or political subdivisions.
Subject to certain statutory exceptions, Section 1105(b)(4) of the Ethics Act requires
the filer to disclose on the SFI the name and address of each creditor to whom is owed in
excess of $6,500 and the interest rate thereon.
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.
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.
The Township Board of Supervisors ( "Board of Supervisors ") consists of three
Members. The Township Supervisors (`.Supervisors") and the Township
Secretary/Treasurer ( "Secretary/Treasurer ") maintain signature authority over the
Township's financial accounts. Township checks require the signatures of the
Secretary/Treasurer and any two of the three Supervisors.
The Secretary/Treasurer is responsible for processing payroll for Township
employees. The Township Road Foreman and Township Police Chief verify and submit bi-
weekly timesheets for their respective departments to the Secretary/Treasurer. The
timesheets note the employee, hours worked per day and week, and a general description
of work performed by the department for each day. The Secretary/Treasurer prepares
paychecks based on the timesheets. The Board of Supervisors approves the Township
nlo ee payrrd oll as part of the list of expenditures approved at regular monthly meetings
e Boa of Supervisors.
Supervisors have traditionally worked for the Township as Roadmasters, laborers, or
"working Supervisors" on an as- needed basis. Supervisors serving as "working
Supervisors are not appointed or designated through any official action of the Board of
Supervisors. Unless otherwise specifically appointed as Roadmaster, Supervisors who
work for the Township are considered general labor.
Pursuant to the Second Class Township Code, the Township Board of Auditors
( "Board of Auditors ") shall determine the compensation for Supervisors employed by the
Township. See, 53 P.S. §§ 65606(a), 65901(a). The Board of Auditors sets the
compensation or Supervisors serving as Roadmaster, laborer, or Secretary/ Treasurer.
Payments are issued to Supervisors for hours claimed based on timesheets submitted by
the Supervisors.
Rheel, 16 -008
X18
Rheel has served as a Supervisor from January 6, 2014, through the present.
Rheel served as Vice Chairman of the Board of Supervisors during 2014 and 2015, and
she was appointed as Chairman of the Board of Supervisors on January 4, 2016.
Re: Rheel's Compensation for Performing Supervisor Duties
Rheel began claiming hours as an employee for the Township after taking office as
a Supervisor in 2014, and she first claimed hours on February 5, 2014. Rheel performed
labor -type work for the Road Department, and she was compensated at the hourly rate set
by the Auditors for a Supervisor working as a laborer. Timesheets that were completed by
Rheel and reviewed by Road Foreman Dan Freiwald ( "Freiwald ") did not itemize Rheel's
specific duties.
In or by March 2014, a dispute occurred between Freiwald and Rheel concerning
the number of hours Rheel was claiming to have worked. As a result of continuing conflicts
between Rheel and Freiwald, Rheel began to submit her hours directly to
Secretary/Treasurer John Peschock ( "Peschock ") for payroll purposes in July 2014.
Rheel's hours did not contain a description of the work coin leted. By November 2014,
Peschock requested that Rheel begin recording the type ofpwork she was completing in
addition to the total hours worked. Rheel then began providing timesheets that included a
general description of the type of work she completed for each day. In 2015, Rheel
continued to submit her hours directly to the newly- appointed SecretarylTreasurer, Melissa
Sarlouis ( "Sarlouis ").
Between February 2014 and August 2016, Rheel submitted timesheets to the
Secretary/Treasurer that included hours for performing work directly related to her duties
as a Supervisor as follows: (1) an estimated total of 7.88 hours in November 2014; (2)
approximately 194 hours in 2015; and (3) approximately 70.5 hours in 2016. Based upon
the applicable hourly rate set by the Auditors for a Supervisor working as a laborer, Rheel
received compensation totaling approximately $86.92 in 2014, $2,139.82 in 2015, and
$848.12 in 2016, for performing work directly related to her duties as a Supervisor. See,
Fact Findings 14 d, 25, 28, 29.
As a Supervisor, Rheel voted in 2015 and 2016 to approve payroll reports that listed
a total of nineteen paychecks issued to her as a result of timesheets which listed her
performing work directly related to her duties as a Supervisor. Rheel signed, as an
authorized Township signatory, eight of fourteen paychecks issued to her in 2015 and five
paychecks issued to her in 2016 that included payment for performing work directly related
to her duties as a Supervisor.
Re: Rheel's Assumption of Township Employment Absent Appointment or Authorization
Pursuant to Township Ordinance No. 122 -Solid Waste Ordinance, the Township
shall provide for the collection of garbage from individual residences and multi- family
residential sources located within the Township. The Township establishes an annual fee
schedule ( "Garbage Fee ") based on the actual costs of collecting and anticipated volumes.
The Secreta (Treasurer is responsible for managing the collection of the Garbage
Fee. From about 1979 until approximately the end of 2014, Secretary/Treasurer Peschock
was primarily responsible for he collection of the Garbage Fee. Peschock was responsible
for mailing garbage notices to residents that specified any Garbage Fee, available methods
of payment for the service, and days of garbage collection. Among other methods of
making pa ment, the Garbage Fee could be paid in person at the Township building during
hours established for the collection of the Garbage Fee.
Issues pertaining to the Garbage Fee collection that were identified by the Auditors
led to occasional discussions by the Board of Supervisors but did not result in any official
Rheel, 16 -008
P 5 ge 19
action. After Rheel took office as a Supervisor in 2014, she expressed interest in
administering the Garbage Fee collection. The Board of Supervisors was aware and
agreed that Rheel would be reviewing the collection process, but there was no vote
authorizing her to administer the Garbage Fee collection.
Rheel began reportingg to the Township building during the hours that Peschock
collected the Garbage Fee. Rheel's timesheets for 2014 do not reflect her claiming hours
for collection of the Garbage Fee.
At a Board of Supervisors meeting in or around late 2014 /early 2015, the topic of the
collection of the Garbage Fee was raised by citizens and discussed by the Board of
Supervisors. During the discussion, Rheel volunteered to manage the Garbage Fee
collection for 2015. The Board of Supervisors agreed that Rheel would assist with the
Garbage Fee collection for 2015 but did not discuss whether she would be compensated in
relation to the Garbage Fee collection for 2015.
On December 1, 2014, the Board of Supervisors hired Sarlouis to replace Peschock
as the Secretary/Treasurer upon Peschock's retirement at the end of 2014. Peschock
prepared the garbage notices for 2015 prior to his retirement. In reparing the garbage
notices, Peschock contacted Sarlouis to determine her Garbage Fee collection hours for
2015 so that the hours could be included with the garbage notices. After Sarlouis informed
Peschock that she was unavailable during the day to collect the Garbage Fee due to her
full -time day job, Peschock suggested that Sarlouis speak to Rheel about Rheel collecting
the Garbage Fee in 2015. After being informed by Sarlouis of her unavailability to collect
the Garbage Fee during the day, Rheel agreed to commit time to the Garbage Fee
collection and set her collection hours for 2015 as Monday to Friday, from 9:00 a.m. to
12:30 p.m. Sarlouis agreed to collect on Wednesday evenings from 5:00 p.m. to 6:30 p.m.
Peschock placed the 2015 collection times agreed to by Sarlouis and Rheel on the
garbage notices that he mailed to residents.
As a result of the discussions among Rheel, Sarlouis, and Peschock, Rheel reported
on her timesheets hours for collecting the Garbage Fee in 2015, drafting mailings for
garbage accounts, and managing calls relating to the Garbage Fee. Rheel claimed hours
for work related to collecting the Garbage Fee beginning with her January 16, 2015,
timesheet. Rheel did not inform the Board of Supervisors that she would be seeking
compensation for work related to collecting the Garbage Fee, and the Board of Supervisors
did not discuss or vote to approve Rheel's duties or receipt of compensation in relation to
collection of the Garbage Fee. Neither Rheel nor the Board of Supervisors sought that any
specific compensation be set by the Board of Auditors for Rheel's collection of the Garbage
Fee, and Rheel was compensated for such work at the hourly rate for a Supervisor working
as a laborer.
At the regular meeting of the Board of Supervisors on May 4, 2015, the Supervisors
discussed the Auditors' February 21, 2015, report and recommendations regarding
delinquent garbage accounts. During the meeting, the Supervisors agreed that Rheel
would send reminder letters to residents having unpaid Garbage Fees. Throughout 2015,
Rheel worked with Solicitor William Barbin ( "Barbin ") and Sarlouis to update the garbage
account listings and manage delinquent garbage accounts. Rheel recorded on her
timesheets the work with Barbin and Sarlouis that was associated with updating the
garbage accounts. The Board of Supervisors was aware that Rheel was updating the
garbage account listings and managing the delinquent garbage accounts, and on at least
two occasions during 2015, Rheel provided the Board of Supervisors with updates
concerning delinquent garbage accounts.
Rheel submitted to the Secretary/Treasurer sixteen timesheets for 2015 that
recorded a total of 262.5 hours for performing work directly related to collecting the
Garbage Fee. Rheel received compensation totaling $2,895.38 based on the hours that
she claimed for collecting the Garbage Fee in 2015. Rheel signed eight of sixteen
Rheel, 16 -008
P-a—ge-20
Township paychecks issued to her that included compensation for collecting the Garbage
Fee in 2015, and she voted to approve payroll reports that listed the sixteen Township
paychecks issued to her.
At the November 2, 2015, Board of Supervisors meeting, Rheel offered to continue
collecting the Garbage Fee for 2016. Rheel recommended that all pa ments be dropped
off or mailed to the Township building to be later processed at her residence. The Board of
Supervisors agreed that Rheel would continue collecting the Garbage Fee but took no
official action to authorize her to perform the collection for 2016 or be compensated for the
work. During 2016, Rheel continued to provide updates to the Board of Supervisors as to
the collection of the Garbage Fee.
Between January 2016 and April 2016 Rheel submitted six timesheets to the
Secretary/Treasurer that claimed a total of 142 hours for performing work related to the
collection of the Garbage Fee. Rheel received compensation totaling $1,708.26 based on
the hours that she claimed for collecting the Garbage Fee in 2016. Rheel signed all six
Township paychecks issued to her that included compensation for collecting the Garbage
Fee in 2016, and she voted to approve payroll reports that listed the six Township
paychecks issued to her.
In 2015 and 2016, the Board of Supervisors was aware and supportive of Rheel
assumingg the Garbage Fee collection responsibilities, but the Board of Supervisors did not
appoint Rheel as the Township's primary or secondary Garbage Fee collector or authorize
Rheel to receive compensation for the work. Rheel ceased claiming hours for
compensation for collecting the Garbage Fee following the initiation of the Investigative
Division's investigation regarding the instant matter.
Rheel's SFIs
Rheel's SFIs for calendar years 2013, 2014 and 2015 were reviewed as part of an
SFI compliance review conducted at the Township. On Rheel's SFI for each of the
aforesaid calendar years, Block 13 (Office, Directorship or Employment in any Business)
was blank. On Rheel's SFI for calendar year 2014, Block 8 (Real Estate Interests) and
Block 9 (Creditors) were blank. Rheel's SFI for calendar year 2015 was not dated.
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 in relation to Rheel utilizing
[the] authority of her office to assume a position
of employment with the Township, absent
appointment or authorization by the Board of
Supervisors andfor Board of Auditors, thereby
setting her own hours of work and rate of pay;
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 Rheel utilizing
[the] authority of her office to receive
compensation for performing Supervisor duties;
Rheel, 16 -008
Page 21
C. That a violation of Section 1105(b)(8) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(8), occurred in relation to
Rheel neglect[ing] to disclose any office,
directorship or employment of any nature
whatsoever in any business entity, on
Statements of Financial Interests filed for
calendar years 2013, 2014 and 2015;
d. That a violation of Section 1105(b)(3) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(3), occurred in relation to
Rheel neglect[ing] to disclose any [reportable
real estate interests],
e. That a violation of Section 1105(b)(4) of the
Public Official and Employee Ethics Act, 65
Pa.C.S. § 1105(b)(4), occurred in relation to
Rheel neglect[ing] to disclose the name and
address of each creditor to whom is owed in
excess of $6,500 and the interest rate thereon,
on [a] calendar year 2014 Statement of Financial
Interests,
f. That a violation of Section 1104(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1104(a), occurred when Rheel neglected to affix
a signature date to her 2015 calendar year
Statement of Financial Interests; [and]
g. The Investigative Division is not seeking any
disgorgement pursuant [to] 65 Pa.C.S. § 1104(d)
of the Ethics Act,
4. Rheel agrees to make payment in the amount of $1,800.00 in
settlement of this matter payable to Conemaugh Township and
forwarded to the Pennsylvania State Ethics Commission within
thirty (30) days of the issuance of the final adjudication in this
matter.
5. Rheel agrees to file complete and accurate amended
Statements of Financial Interests with Conemaugh Township
through the Pennsylvania State Ethics Commission, for
calendar years 2013, 2014, and 2015 within thirty (30) days of
the issuance of the final adjudication in this matter.
B. Rheel agrees to not accept any reimbursement, compensation
or other payment from Conemaugh 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
Rheel, 16 -008
7age 22
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent Agreement, at 2 -3.
In considering the Consent Agreement, we accept the parties' recommendation for a
finding that Rheel violated Section 1103(a) of the Ethics Act in relation to her utilization of
the authority of her office to assume a position of employment with the Township, absent
appointment or authorization by the Board of Supervisors and/or Board of Auditors, thereby
setting her own hours of work and rate of pay.
After Rheel took office as a Supervisor in 2014, she expressed interest in
administering the Garbage Fee collection for the Township. The Board of Supervisors was
aware and agreed that Rheel would be reviewing the collection process, but there was no
vote authorizing her to administer collection of the Garbage Fee.
In or around late 2014 /early 2015, Rheel volunteered to manage the Garbage Fee
collection for 2015. The Supervisors agreed that Rheel would assist with the Garbage Fee
collection for 2015 but did not discuss or vote to approve Rheel's duties or compensation in
relation to collection of the Garbage Fee for 2015. After being informed of the
Secretary/Treasurer's unavailability to collect the Garbage Fee during the day, Rheel
agreed to commit time to the Garbage Fee collection and set daytime collection hours.
At the November 2, 2015, Board of Supervisors meeting, Rheel offered to continue
collecting the Garbage Fee for 2016. The Board of Supervisors agreed that Rheel would
continue collecting the Garbage Fee but took no official action to authorize her to perform
the collection for 2016 or be compensated for the work.
Rheel did not inform the Board of Supervisors that she would be seeking
compensation for work related to collecting the Garbage Fee. Rheel submitted timesheets
to the Secretary/Treasurer that recorded a total of 262.5 hours in 2015 and a total of 142
hours between January 2016 and April 2016 for performing work directly related to the
collection of the Garbage Fee. Rheel received compensation totaling $2,895.38 in 2015
and $1,708.26 in 2016 based on the hours that she claimed for performing work directly
related to collection of the Garbage Fee. The Board of Supervisors did not appoint Rheel
as the Township's primary or secondary Garbage Fee collector or authorize Rheel to
receive compensation for collecting the Garbage Fee. Rheel's compensation for collecting
the Garbage Fee was not determined by the Board of Auditors as required by the Second
Class Township Code.
Rheel utilized the authority of her office: (1) when she signed eight of sixteen
Township payychecks issued to her in 2015 and six Township paychecks issued to her in
20`16 that included compensation for collecting the Garbage Fee; and (2) when she voted
to approve the payroll reports that listed the sixteen Township paychecks issued to her in
2015 and the six Township paychecks issued to her in 2016.
Based upon the Stipulated Findings and the Consent Agreement, we hold that
Rheel violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to her
utilization of the authority f her office to assume a position of employment with the
Township, absent appointment or authorization by the Board of Supervisors and /or Board
of Auditors, thereby setting her own hours of work and rate of pay.
We agree with the parties that a violation of Section 1103 (a) of the Ethics Act
occurred in relation to Rheel utilizing the authority of her office to receive compensation for
performing Supervisor duties. Between February 2014 and August 2016, Rheel submitted
timesheets to the Secretary/Treasurer that included hours for performing work directly
related to her duties as a Supervisor. Based upon the applicable hourly rate set by the
Rheel, 16008
Ma-g--e23
Auditors for a Supervisor working as a laborer, Rheel received compensation totaling
approximately $86.92 in 2014, $2,139.82 in 2015, and $848.12 in 2016, for performing
work directly related to her duties as a Supervisor: Rheel utilized the authority of her office:
(1) when she submitted timesheets as a working Supervisor that included hours for
performing work directly related to her duties as a Supervisor; (2) when she voted in 2015
and 2016 to approve payroll reports that listed a total of nineteen paychecks issued to her
as a result of timesheets which listed her performing such work; and (3) when she signed
eight of fourteen paychecks issued to her in 2015 and five paychecks issued to her in 2016
that included payment for performing such work.
Accordingly, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S.
§ 1103(a), occurred in relation to Rheel utilizing the authority of her office to receive
compensation for performing Supervisor duties.
Turning to the allegations regarding Rheel's SFIs, we hold that: (1) a violation of
Section 11 05(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8), occurred in relation to Rheel
neglecting to disclose any office, directorship or employment of any nature whatsoever in
any business entit , on SFIs filed for calendar years 2013, 2014 and 2015; (2) a violation of
Section 1105(b) {3 of the Ethics Act, 65 Pa.C.S. 5 1105(b) {3), occurred in relation to Rheel
neglecting to disclose any reportable real estate interests on a calendar ear 2014 SFI; (3)
a violation of Section 1105(b)(4) of the Ethics Act, 65 Pa.C.S. 11050)(4), occurred in
relation to Rheel neglecting to disclose the name and address o f each creditor to whom is
owed in excess of $6,500 and the interest rate thereon, on a calendar year 2014 SFI; and
(4) a violation of Section 1104(a)11105(a) of the Ethics Act, 65 Pa.C.S. § 1104(a)11105(a),
occurred when Rheel neglectedd to affix a signature date to her 2015 calendar year SFFI.
We note that the Investigative Division is not seeking any disgorgement of Rheel's
Supervisor compensation pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. §
1104(d).
As part of the Consent Agreement, Rheel has agreed to make payment in the
amount of $1,800.00 payable to Conemaugh Township and forwarded to this Commission
within thirty (30) days of the issuance of the final adjudication in this matter. Rheel has
also 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. Rheel has further agreed to file complete and accurate amended SFIs for
calendar years 2013, 2014, and 2015 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, Rheel is directed to make
payment in the amount of $1,800.00 payable to Conemaugh Township and forwarded to
this Commission by no later than the thirtieth (30th) day after the mailing date of this
adjudication and Order.
Per the Consent Agreement of the parties, Rheel is further 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, Rheel is directed to file complete and
accurate amended SFIs for calendar years 2013, 2014, and 2015 with the Township,
through this Commission, by no later than the thirtieth (30th) day after the mailing date of
this adjudication and Order.
Rheel, 16 -008
'age 24
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 Conemaugh Township ( "Township "), Cambria County, from
January 6, 2014, through the present, Respondent Joann Danielle Rheel ( "Rheel ")
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. Rheel violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to
her utilization of the authority of her office to assume a position of employment with
the Township, absent appointment or authorization by the Township Board of
Supervisors and /or Township Board of Auditors, thereby setting her own hours of
work and rate of pay.
3. A violation of Section 1103(x) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Rheel utilizing the authority of her office to receive compensation for
performing Supervisor duties.
4. A violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. 5 1105(b)(8),
occurred in relation to Rheel neglecting to disclose any office, directorship or
employment of any nature whatsoever in any business entity, on Statements of
Financial Interests filed for calendar years 2013, 2014 and 2015.
5. A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3),
occurred in relation to Rheel neglecting to disclose any reportable real estate
interests on a calendar year 2014 Statement of Financial Interests.
6. A violation of Section 1105(b)(4) of the Ethics Act, 65 Pa.C.S. § 1105(b)(4),
occurred in relation to Rheel neglecting to disclose the name and address or each
creditor to whom is owed in excess of $6,500 and the interest rate thereon, on a
calendar year 2014 Statement of Financial Interests.
7. A violation of Section 1104(a)/1105(a) of the Ethics Act, 65 Pa.C.S. §
1104(a)/1105(a), occurred when Rheel neglected to affix a signature date to her
2015 calendar year Statement of Financial Interests.
In Re: Joann Danielle Rheel, File Docket: 16.008
Respondent Date Decided: 3128117
Date Mailed: 3131117
ORDER NO. 1710
As a Supervisor for Conemaugh Township ( "Township "), Cambria County,
Respondent Joann Danielle Rheel ( "Rheel ") violated Section 1103(a) of the Public
Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. 5 1103(x), in relation to
her utilization of the authority of her office to assume a position of employment with
the Township, absent appointment or authorization by the Township Board of
Supervisors and /or Township Board of Auditors, thereby setting her own hours of
work and rate of pay.
A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Rheel utilizing the authority of her office to receive compensation for
performing Supervisor duties.
A violation of Section 1105(b)(8) of the Ethics Act, 65 Pa.C.S. § 1105(b)(8),
occurred in relation to Rheel neglecting to disclose any office, directorship or
employment of any nature whatsoever in any business entity, on Statements of
Financial Interests filed for calendar years 2013, 2014 and 2015.
4. A violation of Section 1105(b)(3) of the Ethics Act, 65 Pa.C.S. § 1105(b)(3),
occurred in relation to Rheel neglecting to disclose any reportable real estate
interests on a calendar year 2014 Statement of Financial Interests.
5. A violation of Section 1105(b)(4) of the Ethics Act, 65 Pa.C.S. § 1105(b)(4),
occurred in relation to Rheel neglecting to disclose the name and address off each
creditor to whom is owed in excess of $6,500 and the interest rate thereon, on a
calendar year 2014 Statement of Financial Interests.
6. A violation of Section 1104(a)/1105(a) of the Ethics Act, 65 Pa.C.S. §
1104(a)/1105(a), occurred when Rheel neglected to affix a signature date to her
2015 calendar year Statement of Financial Interests.
7. Per the Consent Agreement of the parties, Rheel is directed to make payment in the
amount of $1,800.00 payable to Conemaugh Township and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after
the mailing date of this Order.
8. Per the Consent Agreement of the parties, Rheel is further 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, Rheel is directed to file complete and
accurate amended Statements of Financial Interests for calendar years 2013, 2014,
and 2015 with the Township, through the Pennsylvania State Ethics Commission,
by no later than the thirtieth (30th) day after the mailing date of this Order.
Rheel, 16 -008
Page 26
10. Compliance with paragraphs 7, 8, and 9 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,
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