HomeMy WebLinkAbout1713 Bechdel, Sr.A.
STATE ETHICS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: James H. Bechdel, Sr. File Docket:
Respondent X -ref:
Date Decided
Date Mailed:
16 -017
Order No. 1713
4113/17
4/14/17
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Marla 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 seg., 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 admitting all of the Fact Findings of the
Investigative Complaint, and a hearing was waived. The record is complete.
I. ALLEGATIONS:
That James H. Bechdel, Sr., a public official /public employee in his capacity as a
Supervisor for Bald Ea le Township, Clinton County, Pennsylvania, violated Sections
1103(a), 1104(a), 1104�d)), 1105(b}) 2 , and 1105(b)(5) of the State Ethics Act (Act 93 of
1998), 65 Pa.C.S. §§ 1103(a), 1104�a�5 11040), OM A5) and 1105(b)(5), when he used
the authority of his public position for a private pecuniary benefit off hhimself and /or a
member of his immediate family by making purchases from the Federal Surplus Supply
Property Program, which is of restricted access, and subsequently converted those items
to his personal use; and when he engaged in the purchase of a Federal Emergency
Management Administration (FEMA) travel trailer from the Federal Surplus Supply
Property Program and subsequently conveyed same to his brother, a member of his
immediate family; and when he filed deficient Statement[ sj of Financial Interests by failing
to include the Township as a source of income for the 2013, 2014, and 2015 calendar
years, in addition to failing to identify an occupation or profession for the 2014 and 2015
fling years.
II. FINDINGS:
1. The Investigative Division of the State Ethics Commission received a signed, sworn
complaint alleging that James H. Bechdel, Sr. violated provisions of the State Ethics
Act (Act 93 of 1998).
2. Upon review of the complaint the Investigative Division initiated a preliminary inquiry
on .tune 30, 2016.
P.O. BOX 1 1470, HARRISBURG, PA 17108-1470 ^ 717-783-16 10 • 1-800-932-0936 • www.ethics.state.pa.us
Bechdel Sr., 16017
age
3. The preliminary inquiry was completed within sixty days.
a. The Commission, through the Executive Director, initiated a full investigation
on August 29, 2016,
4. On August 29, 2016, a letter was forwarded to James H. Bechdel, Sr., by the
Investigative Division of the State Ethics Commission, informing him that a
complaint against him was received by the Investigative Division and that a full
investigation was being commenced.
a. Said letter was forwarded by certified mail, no. 7015 3010 0002 3785 0415.
b. The domestic return receipt bore the signature of James H. Bechdel, Sr.,
with a delivery date of September 1, 2016.
C. A copy of the Notice of Investigation and the Domestic Return Receipt are
attached to the Investigative Complaint/Findings Report as Exhibit "C."
5. On February 7, 2017, an amended Notice of Investigation was forwarded to .lames
H. Bechdel, Sr. by the Investigative Division of the State Ethics Commission
informing him that the allegations contained in the August 29, 2016, Notice of
Investigation were being amended.
a. Said letter was forwarded by certified mail, no. 7011 0470 0002 7996 6038.
b. The domestic return receipt bore the signature of James H. Bechdel, Sr.,
with a delivery date of February 10, 2017.
C. A copy of the Notice of Investigation and the Domestic Return Receipt are
attached to the Investigative Complaint/Findings Report as Exhibit "D."
6. Periodic notice letters were forwarded to James H. Bechdel, Sr. at least every ninety
days in accordance with the provisions of the Ethics Act advising him of the general
status of the investigation.
7. The Investigative Complaint/Findings Report was mailed to the Respondent on
February 24, 2017.
a. The Investigative Complaint/Findings Report was issued within 179 days of
the initiation of a full investigation.
8. James H. Bechdel, Sr. has served as a Bald Eagle Township Supervisor since or
about 1983.
a. Between January 2004 and August 2014, Bechdel, Sr. served as the Vice -
Chairman of the Board of Supervisors.
b. Since August 2014, Bechdel, Sr. has served as the Chairman of the Board of
Supervisors.
C. In addition to holding office as a Supervisor, Bechdel, Sr. has been employed
as the full -time Roadmaster for Bald Eagle Township since March 2010.
9. Bald Eagle Township (hereafter °Township "), Clinton County, Pennsylvania, is a
Township of the Second Class (population less than 5,000) governed by a three (3)
Member Board of Supervisors.
Bechdel ' 16 -017
Page
a. As per the Second Class Township Code, Township Supervisors receive
$1,875.00 gross annuallyy, paid in quarterly installments, for services
rendered in their elected Supervisor /public official capacity.
b. The Supervisors need not be present at every Township meeting to receive
Supervisor compensation.
10. Since January 2012, the Township Board of Supervisors has consisted of the
following individuals, other than the Respondent, ,lames H. Bechdel, Sr.:
a. Jack B. Bechdel (January 2010 through present);
1. Jack B. Bechdel is the brother and immediate family member of
Respondent, James H. Bechdel, Sr.
b. Kenneth McGhee (January 2016 through present);
C. Gerard Banfill (August 17, 2014, through December 31, 2015); and
d. Christian B. Dwyer (served until deceased on August 17, 2014).
11, The Township holds one (1) regularly scheduled legislative meeting per month.
a. The first Township meeting of each calendar year is the Township
Reorganizational meeting.
1. At the Reorganizational meeting, Township public officials are
appointed and/or reappointed in their respective officer positions.
2. The Township holds special meetings as necessary.
b. Minutes of each meeting are approved for accuracy at the subsequent
meeting via a vote by the Board of Supervisors.
1. Voting during a Township meeting occurs in group "aye /nay" fashion
after a motion is made and properly seconded.
2. Any abstentions or objections made during the vote are specifically
noted in the minutes.
12. Signature authority over Township financial accounts is maintained by all three (3)
Supervisors and the Secretary/Treasurer.
a. issued Township checks require the signature of any two (2) of the four (4)
authorized signatories.
b. Signatures on Township checks must be live signatures; facsimile stamps
are not used.
THE FOLLOWING FINDINGS PERTAIN TO PURCHASES MADE FROM THE FEDERAL
SURPLUS PROPERTY PROGRAM BY JAMES H. BECHDEL, SR.
13. The Federal Surplus Program ( "FSP ") is a federally sponsored program that is
administered locally by the Pennsylvania Department of General Services ( "DGS" ).
a. The primary FSP warehouse and executive offices are located at the DGS
Headquarters at 2221 Forster Street, Harrisburg, Pennsylvania 17125.
BechdeE Sr., 16 -017
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1. The FSP utilizes other auxiliary locations throughout Pennsylvania for
the sale of certain larger items, such as vehicles and outdoor
equipment.
2. As a program of the federal government, other locations throughout
the United States are utilized as well.
b. The FSP authorizes representatives of municipalities, school districts,
medical institutions, and certain non - profit organizations to purchase surplus
items, vehicles, equipment, and supplies at a 70% to 90% reduction of actual
costs for the official use of the entity.
C. All interested eligible participants for the FSP must file an application to the
FSP to determine eligibility.
1. Local government entities, including townships, are eligible to
participate.
2. Municipalities that meet criteria for participation are permitted to
purchase surplus items at any time during normal business hours,
Monday through Friday, 8:00 a.m. until 4:00 p.m.
3. Only individuals authorized by a municipality can make purchases on
behalf of a municipality. These authorized individuals must be
documented on the municipality's application to participate in the
FSP.
d. Upon approval by the FSP, an application is valid for three (3) years.
1. Participants can seek renewals every three (3) years pursuant to FSP
rules and procedures.
14. Municipalities and those individuals authorized to make purchases on behalf of a
governmental entity are required to adhere to purchase policies, guidelines, and
regulations that govern the purchase of Federal surplus property, which include the
following:
a. The property is needed and will be used by the recipient for carrying out or
promoting for the residents of a given political area one or more public
purposes.
b. The property is not being acquired for any other use or purpose, or for sale
or other distribution, or for permanent use outside of the state, except with
prior written approval of the state agency.
C. Funds are available to pay all costs and charges incident to donation.
d. All items of property shall be placed in use for the purpose(s) for which
acquired within 1 year of receipt (unless otherwise specified by FSP and /or
DGS ersonnel) and shall be continued in use for such purpose(s) for 1 year
from the date the property was placed in use.
15. FSP rules require that if the property is not placed into use, the property must be
returned to the state or made available to transfer to another agency or the state.
a. FSP policy reVres that certain larger items, such as vehicles, must be
utilized by the donee for at least eighteen (18) months before it maybe sold
or transferred by the donee.
Bechdel Sr., 16017
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b. Smaller items purchased by a donee from the FSP must be utilized for at
least twelve (12) months before [they] may be sold or transferred.
C. Furthermore, if a donee wishes to sell /transfer /dispose of items purchased
from the FSP, the donee must notify the FSP of its intentions prior to taking
any action.
d. In regards to items with an acquisition cost of $5,000.00 or more, the
property shall be used only for the purpose(s) for which acquired and no
other purpose(s).
16. When a purchase is made by a municipality, an invoice detailing the purchased
items is provided by the FSP to the municipality which made the purchase. Each
invoice includes the following information:
a. Donee identification number, name, physical address, and email address.
1. The term "donee" refers to the FSP participant making the purchase.
b. Donee federal identification number, category, type, and county.
C. Item code numbers, descriptions, and quantities.
d. Federal acquisition costs (per unit and total).
1. The federal acquisition cost is the cost paid by the federal government
to manufacture and obtain a particular item.
e. Service charge costs (per unit, applicable discounts, and total).
1. The service charge is the cost of an item for an FSP participant.
f. Signature block for authorized individual purchasing items.
17. The Township has been a participant in the FSP since or before 2004.
a. Bechdel, Sr. has been authorized to make purchases from the FSP on behalf
of the Township since or before January 2
1. Bechdel, Sr. has been the primary Township official making
purchases through FSP.
b. The Township most recently filed a renewal application, which was approved
b the FSP on September 23, 2014, and remains valid until September 23,
217.
1. Bechdel, Sr. signed the renewal application on September 9, 2014,
which acknowledged he would comply with the terms, conditions, and
restrictions of the FSP.
2. Authorized purchasers on this application include the following
Township officials and employees:
James Bechdel, Sr.,
Jack B. Bechdel (Township Supervisor);
Bechdel Sr., 16 -017
—G�—
• Michelle Walizer (former Township SecretarylTreasurer);
Scott Bechdel (Township road crew employee);
Kathryn Williams (Township Zoning Officer); and
Gerard Banfill (Township Supervisor).
18. Between February 21, 2012, and December 30, 2015, a total of twelve (12) invoices
were issued to the Township from the FSP, relating to purchases made by
authorized Township representatives.
a. Bechdel, Sr. signed ten (10) of these invoices as an authorized Township
purchaser.
1. Vice - Chairman /Supervisor Jack B. Bechdel (Respondent's brother)
signed one (1) of these invoices: Invoice No. 605316.
b. One invoice, No. 604553, was not signed by any Township representative.
19. Bechdel, Sr. routinely reviewed FSP's online website to search the listings for sale
items of interest to him.
a. Bechdel, Sr. would travel to FSP's Harrisburg location and make purchases
for the Township as well as personal items for himself and others, including
family members and friends.
1. Bechdel, Sr. even invited friends and family to accompany him on
visits to FSP.
b. Bechdel, Sr. made purchases from FSP with Township funds for himself and
others even though he was aware of FSP regulations prohibiting such
actions.
C. Bechdel, Sr. would take a "grocery list" of desired items with him to the FSP
so as to keep accountability of items specifically for himself and/or individuals
not affiliated with the Township.
20. All twelve (12) of the FSP invoices list the Township as the "donee."
a. Items purchased by the Township through the FSP program, as identified on
the FSP invoices, are detailed in the chart below:
INVOICES FROM FEDERAL SURPLUS PROGRAM
-_
Invoke Invoice Federal Acquisition Cost Service Charges
Item Description ; Quantity - - -
Number] Date- Unrt ('Total U I !Discount Total
603110; 2/21/2012' Box 1 89.42.! 89.421 15.00 O r 15.00'
20 Piece Socket Set [ . 178 85 178.85. 17.50 0 17501
--
Electric Lantern i 20,341 203C 3.00 0, 3-00L .....
f
File Cabinet 1 53 57 53.57 20.00 0 20.fl0
i Personal Supplies - 1 001; 00[r 1.00 0' 1.00t
Personal Su lies 1 0 0 [ 0 01 � 8.00_ 0, 8 00
pp- _ .............
Personal Supplies i 0.01; 0.01i
2 OOE - 0� 2.0&,
-
. --
-.
i . i Invoice Total (Payment Due from T►vp) —> f$66.50
-.
Total Federal Acquisition Cost —> E$342.21
Total Savings Through Surplus Purchases - -> i
Bechdel Sr., 16 -017
Page
-
603203 31612012;
-- -
Travel Tra►ler
1 `19375 04 X19375 04 2995 00 0 2995.00
.. _..
_. _
SwivelRocker
- _
1 200 D0 200.00i 9.95E 4 9.95,
--
Metal Chair
2 125 00 � 250 00' 20 00_ 0 40.00 - _
I Invoice Total (Payment Due from Twp) . -> x$3,044.95
Total Federal Acquisition Cost --> 1$-- --- .
__.
....
-
' Total Savings Through Surplus Purchases --> 1$16,780.05
.
-- ............... - - -- ............... _- . ........
INVOICES FROM FEDERAL SURPLUS PROGRAM
ke
Invorce Invoice
tem Description
Federal AcgwsiiionCost ( Service Charges 3
iQuantity. Unit £Discount' Total
Unit
Number' Date €
... -
-_
j ;Total ....
60.4205, 9/12/2012i
Chain Assembly
h
1 54 46 F 54 46r 27 50' SD %' 13.751
-
DS Greenmaster
1 500 00r 500 001 125.00. 50 %' 62.50'
_
Stethoscope
-
1 42.03. 42.01 y 7.50! 0 7.541
1
Ammunition Chest
■
2 ' 11.10,' 22.201 3.00i 0 6.00
Personal Supplies
3 0.01 0 031 1 00: 0 3 AO
1 _
Personal Supplies
Pp
5 y.... 0.011E 0.05 y 2 00! 0'r 1-. _...
f
Drinking S stem
_
1 _... _ 37 .. 37.90 10 00 0 10.44
.
Invoice Total (Payment Du from Twp) > $112.75
� y
_
on Cost--> :$656.67
Total Fede ral Acquisition
Total Savings Throug=h Surplus Purchases -> 1$543.92
604553,1112912012;
* CltamAssembly
Ir 2 S4 46` 108 921 27.501 50 % 27.50'
Generator
1 F 4006 OOr 4000 001 395 00� 54 %F 197.50,
- -
-
Blanket
;' 1 ' 10 00' 10 OD'1 6 50F 0' 6.501
Sand Ba &s
1 r 38.18: 38.1& 19 95' 50.03% 9.97
Tricorn Hat
_
1 1 ' 106.00: 106.00' 3.001 0 _3.001
Tools
0 01 ,r 0 0r F ` fl 3D 00
30.0Miscellaneous
_.
Shill Vented Knee Pads
� .. F y
r
j 1 30 00; 30 00 5.00 0 5 00
-
Invoice Total (Payment Due from T�vp) - > 1 `$279.47
Total Federal Acquisition Cost - -> '$4,293.11
j
.....
Total Savings Through Surplus Purchases -> $4,013 64
I
* This item was listed with a 50% discount, but the total amount charged to the Township showed no discount. j
--
Invoke , Invoke `
Item Description
Federal Acquisition Cost Service Charges
Quantity.
jUmt Discount Total
Number Date
Umt Total
2 0 421E 0 8.4. r 1.50£0 3 00
604899 2/512D13'',
Abrasive Wheel _-
-
_
Reverse Spade Drill
1 100.40 100,001 25.00; 25 40z -
Generator
1 ' 4000.00: 4000 001 395 00 50 %� 197 50�
....._
Desktop Computer
-
1 ' 660 001 660 001 80 00 50 %1 40.00[
3
-
_.
Knee Pad
__.. ....._ ...
1 1 ' 17.42!' 17.42E 5.001 0 5.00
I --
Lubricating Oil
-- y -.... r -r r r
1 36 72? 36.721 15.00 50 %� 7 5 1
(
1 Invoice Total (Payment Due from Twp } -> j$278.
Total Federal Acquisition Cost --> ;$4,814.98
€ Total Savings Through Surplus Purchases - > .r$4,536 98
6053 ib 411D12D13.
Push Mower
--
1 ' 559.20; 559.2 01E 0.01 0 0.01
' ` 2610.001 175.001 01 175 k
- E
Gasoline Generator Set
-_
1 2610.00 -
1 F 2 68::' 2.68 5.00' 0 5 00
Quad Box
Tent Floor
$47.75;` 847.75 5.00 4 SOOS
1
_- _._..
Personal Su lies
Pp
-- - ... Y r r
6_ 0.41; 0 06, 1.04 0 6.00j ^ . .
-
- °
Personal Supplies
5 ' 0.01 0.051 2.Ofl F 0' 10 00
-_
Invoice Total (Payment Due from Twp.) -? 3201.01
1
Total Federal Acquisition Cost ^> 1$4,419 74
.....
- --
Total Savings Through Surplus Purchases - > :$3,818 7
Invoice Invoice
Item Description jQuanfify
Federal Acquisition Cost Service Charges
Unit 'Total �Umt ;Discount Total,
Number; Date
606675, 1/29/2014
Pliers
3
' 5.00 15 00� - 1.0V
0 3.60j
Gasoline Generator Set
1
25D 00, 250 00�. 425-00
50% 212.56
Power Cords
1
53.21 53 21 7.50;
r OOr 100.001
0 7.50;
500/0. 50.40(
Laptop
1
-_ 1750.001 1750
DVD Player
1
20 D0� 2D 001 17.50'
0� i7.5D
Scissor lack
_
1
-- - ..
' 141.06 141.06! 15.00:
_
50% � 7.54
;Extreme Cold Weather Mittens
2
r 39 91' 79.82? 5.00!
0' 10.00
Invoice Total (Payment Due from Twp) j$308.00
-
c
Total Federal Acquisition Cost _->
1$2,309.09
Total Savings Through Surplus Purchases
-> ,2,001.09
607 4/1612014.
0
Hack Saw
...
1
30.0T ' 30 07r 5 00�
' 141.45 5.401
.
0� 5 00
50% 12.50;
Metal Trash Cans
_-
Paint Brush
5
5
-_ 28.29'
2.49 ;� 12.45i 100',
0' 5.00 -
' ;Extreme Cold Weather Mittens
2
' 39 91 79.821 ' S 00,'
0' 10.04
Invoice Total (Payment Due from T►vp.) -> 1$32.50
_.... _ .
Total Federal Acquisition Cost - ->
$263.79
?
Total Savings Through Surplus )Purchases
-- -> ,23129
Invoice Invoice �
_
Federal Ac u►son Cast Service
itt
Charges
3
Number Date
Item Description Quantity . ;
-
Unit jotal - Unit IDiscount3 Total
_r _.....r
. ..,....---- 3 ..._..._ - -j- -_,
607578r 712212014;
._.........,. _._,..,..,.._ - .......,.
Fibrous Twine
2
_.... � �
2.87, 5.741 1.04
0.0 1
r
0 2.00
Or 0.02
I i
Propane Space Heater
2
178 401r 356 80
r
Bathtub Dram
-
1
26 03; 26 03€ 3.50
-
50% 1.75
_
Hack Saw
-
1
9.% 956r 5.00'
0' 5.00!
3
L_
HandPum Oiler
1;
' 9.751 9.751 1.50
D� 1.50_
-
Mattock
1
r 23.3T 23 371 4 41 r
0 0.01
*
Strai t P Bar
2,
38 761 77 52 6 50'
... _. _
50% 6.50
f-
Too) Carrier
...
1
..
r 28.59! 28.591 5.00
Or 5_00
_.
Portable Head Lamp
1
1 00 ` 1.00' 3.00'
0' -3 DO
-
- ..... _
Clock
1
,- r r
9 30 9 34, 3.OD
0 3 00,
'
-Wall _.
Shopp g Cart
1
-
100.00I 100 00 ` 4.41'
0' 0 01 --
...
j
Medical Waste Basket
5
6.571x- 32 851 0.01
0' 0.05
Cross -Cut Saw
1
164.53; 164,531 5.00,
D 5 4Dj
Large Ammunition Chest
2::
r... 1 1.101 22.201 3 ODI
0 6 K_
Small Ammunition
1
' 3 881 3 88� 1 50'
0 .. .::. ....
-
**
Cold Weather Undershirt I
_..
3
' 13 15x 39.45{ 3.955D 13% 5.91
.
1...
Personal Supplies
1
r
0 D1; 0.011 0.50
,
4 D 50 .__._...
--
Personal Su lies
-
1
0,01i 0.0 1 !V;
013 3.00'
4 3 00
r
1
Field Pack Frame
2
33.64' 67.281 1.50
-
0' 3.001 -
Invoice Total (Payment Due from Trvp }
> x$52 75
Total Federal Acquisition Cost -^>
1$977.81 .....
(
Total Savings Through Surplus Purchases
- -> $92... .
- - - ...... ._ .. -
* This item was listed with a 50% discount, but the total amount charged to the Township showed no discount.
I
** This item was listed with a 50.13% increase in price that was charged to the Township; reason is unknown. __
Bechdel Sr., 16 -017
age-
-- --
Invoice Invoice
Federal Acquisition Cost i Service Charges
Item Description Quantity
25.00; ..
Unit 'Tot, Discount Total
Number: Date
Number _. --
607626; 81112014; Fibrous Twine
4
2 87 11.48s�- 1.00 0 4.00
-
1 Heater Fan
1
492.69 492.691 45,00; 0 45.00,
-
Bice Fabric Stacking Chairs ;
14
125.00: 1750.00: 19 50 4 r 273.00
Mounting Bookshelf
1
150.00,; 15D 00 15 00 0 15.00
- Large Anununition Chest
2
' 11 101 22 2W 3.00: 0 6.00(
!Extreme Cold Weather Mittens;
i.__.. Lube OR
' 39.91 79 821 S.QO r 0 r 10.00E
Snowshoes
3
r 53 43� 160 29� 5.00; 0' 15.00
_
- .. _. _ -. ..
_.
-_
Invoice Total (Payment Due from Tn.) —> $368 00
.,
...... -r nn'
Total Federal Acquisition Cost - -> x$2,666.48
-
. ...... ....: _._
....__... -- . -
50%0;r
Total Savings Through Surplus Purchases - -> '$2,298.48
-r _ .... ..... . ... -
Hammer
1
25.00
25.00; ..
4.00;
50 %,
2.00:
_ -.
Crass Cut Saw
2
- y....
164 53
3-2-9.06i7
5,00;
x
50%
5.00;
BowlingPins
5
_ ._
11,50;
57.5W
2.00,
0'
10.001
i.__.. Lube OR
1
x 43.56E
43 561
17.501
r
50%
8.751
^ „.......... f
.,
...... -r nn'
3 .0 -00�
7.50;
50%0;r
7.56
Ove rail Total Amount DuefromTwp. —>
--
- - .....
Overall Total Federal Acquisition Cost --> x$44,75
I Overall Total Savings Through Surplus Purchases —> $35,964 32
[Note: For Invoice Number 607578, the amount charged for three "cold weather
undershirts,” specifically $5.91, reflects a discount of 50.13% (3 x $3.95 = $11.85; $11.85 W-
50.13 %= $5.91.]
21. The total invoiced to the Township from the FSP between February 21, 2012, and
December 30, 2015, was $4,789.68.
a. The "service charge" refers to the price the Township paid for the items
purchased.
b. Although the Township was only charged $4,789.68, the federal acquisition
cost for the same items purchased by the Township totaled $40,754.00.
C. As an FSP participant, the Township realized a cost savings of $35,964.32
by purchasing the above items through the FSP program.
22. The FSP requires that once an invoice is issued, the Township has thirty (30) days
to make payment on the total amount due the FSP program.
23. Prior to meetings, Supervisors receive a meeting packet which generally consists of
the upcoming meeting agenda, a written copy of the prior month's meeting minutes,
and a Treasurer's report.
a. The meeting agendas are prepared by the Township Secretary.
b. The Treasurer's report includes a list of the Township's monthly expenses.
Bechdel Sr., 16 -017
agP��
1. Invoices from FSP are listed in the Township's Treasurer's report as
"Commonwealth of PA."
2. This expense refers to check payments made to the FSP (Federal
Surplus Property Program).
24. The vote taken at each Board of Supervisors meeting to approve the bills includes
the approval of Federal Surplus Property Program transactions.
a. The Township used its General Fund account to pay for eleven (11) of the
twelve (12) invoices.
1. The Township's General Fund account is maintained at M &T Bank
under account number '[account number redacted].
b. One invoice, no. 603203, was paid by check no. 614 from the Township's
Pennsylvania Local Government Investment Trust 'PLGIT ") account
[account number redacted] as opposed to the General Fund.
25. Bechdel, Sr., as an authorized Township signatory, signed all twelve (12) of the
checks issued from the Township to the FSP and voted to issue payments for FSP
purchases which included items for his and his brother's personal use.
a. Vice - Chairman /Supervisor Jack Bechdel (Respondent's brother) also signed
all twelve (12) checks.
b. Bechdel, Sr. voted on the following dates to approve payments to FSP:
Date
Bechdel Sr.
Voting Capacity
Check No.
Check
Amounts
Signed Check
e rua 2 2
Motioned
233
66.50
es
March 20
September 20 2
Seconded
Seconded
614
2564
3 044.95
2.75
es
Yes
December 2012
;econded
2664
279.47
Yes
e rua 13
Seconded
2747
278.00
Yes
rl 2013
econ a
2821
20T O
es
u ust 2013
econ e
296
2.50
Yes
e rua 014
econ e- d
3170
TF8. 06
Yes
April 2014
Seconded
3261
2.5D
es
July 0 4
MoF1 one
3372
52.75
Yes
August 2014
Seconded
3402
68.00
es
January 016
Seconded
3977
3.25
Yes
nt
*As previously stated, check #614 was paid uum the i OW11S111P a rL-A 1 G1-U"'.
C. The twelve (12) payments made by the Township to the FSP between
February 27, 2012, and August 25, 2014, are contained In the chart below:
Bechdel Sr., 16 -017
CHECKS FROM BALD EAGLE TOWNSHIP TO FEDERAL SURPLUS PROGRAM
.... -
- .... -
Check Check Date Payee 1 Memo E Amount 3
2336 2/27/2012 ( Commonwealth of PA #603110 r 66-50
- - ......... -
- --
614 3/26/2012 Commonwealth of PA I Invoice #603203 I 3,044 95
2564 9/24/2012 Commonwealth ofPAI Invoice #604205 i y 11275
2664 12/17/2012 Commonwealth of PA / Invoice #604553 279.47
i
r ...
Invoice #604899
2747 2/25/2013 Commonwealth of PA 1 278.00
1
2821 4/29/2013 Commonwealth of PA / Invoice #605316 201.01
..... .
2961 8/26/2013 i Commonwealth of PA / Invoice #605870 12.50
3170 2/24/2014 Commonwealth of PA / Invoice 9606675 308.00
.....
3251 4/28/2014 Commonwealth of PA 1 Invoice #607139 32 50
_.
3372 7/28/2014 Commonwealth of PA 1 Invoice #607578 52.75
- __.... _ ._ _..
3977 1/4/2016 Commonwealth of PA / Invoice #609907
33.
r
014 Commonwealth ofPA / invoice #607626
3402 8/25/2 368.00
.......
i E.
-. ...3 _._ _- ......_ i
OVERALL TOTAL > $4,789 68
d. Bechdel, Sr., in his capacity as a Township Supervisor, routinely made
purchases from FSP, which were not utilized for any official Township
purchase and subsequently participated in the approval of payments for
those items, including the signing of checks.
1. Bechdel, Sr. then converted items purchased from FSP, paid for with
Township funds, for his personal use.
26. On August 1, 2016, an inventory of surplus items purchased by Bechdel,.Sr. with
Township funds was conducted by Investigators for the State Ethics Commission at
the Township municipal building located at 12 Fairpoint Road, Mill Hall, PA 17751.
a. The purpose of the inventory was to locate and verify use of the items that
the Township had purchased from the FSP, as identified in the twelve (12)
invoices issued by the FSP.
b. James Bechdel, Sr. and Supervisor Jack Bechdel participated in the
inventory to aid in locating the items identified on the FSP invoices.
1. Respondent and his brother participated because they were the
purchasers of the items listed on FSP invoices.
2. Upon locating an item, its presence/Township use was visually
confirmed.
3. If an item was unable to be located, an explanation was requested as
to where the item might be located or, in the alternative, what was the
disposition of the item (i.e., sold, used /consumed, transferred,
returned, etc.)
27. The results of the inventory conducted by an SEC Investigator are outlined on the
following chart. Items that were found or for which a reasonable explanation as to
disposition were provided (consumed, issued to worker, etc.) are listed as "Found"
�"F "), and items that were not found, or were no longer in the possession of the
ownship, are listed as "Not Found" ("NV):
Invoice ##603110 Febr acry 21 2012
Ite
Q uantit
F 1 NF
Explanation
renc ox
0- e
Bechdel Sr' 16 -017
Page
Electric Lantern 1
F
i e a inet
Invoice #7FF
Item Quanti
Explanation
rave rai er
em to i s a am er
wive Rocker
eta air 2
Invoice #604205
Se tember
12 2012
Item Quantity
F I NF
Explanation
ain ssem
reenmaster
i not now w at item was
tet osco a
tem un a •cou not specity where
Ammunition est
tern un e , cou not s eci w ere
rEn 5 s em
Invoice 6045
53 November
29 2012
Item Quantit F I NF Ex lanation
Chain Assembly
enerator o at ra ey s action or scrappe ;cou not
s e ify scrapyard location
an et
an Bag Torn open during usage; un e
not now what item was
acorn at
isce aneous oo s
Shift - ente nee a
invoice #604899 Februa 5 2013
Item Qua ntit F 1 NF Ex lanation
Abrasive ee 2 F
Reverse a e ri
Generator o at ra ey s action or scrappe ; cou not
s e ifV scrapyard location
es top ompu er ormer I wp. Sec. Walizer may have scrappe
item
Kne e Pad
u ricatEn j onsuma a item use on ve ices
Invoice #605316 (April 10 2013
Item Quantit F/ NF Ex lanation
Pus ower o at ra ey s uction or crapped; cou not
specify scra and location
aso one enerator et o at ra ey s uctiion or scrappe ;cou not
s eci scra and location
Di not now w at item was
ua ox
Floor Tent
se or roa wor area; ater un e
Invoice #605870
Au
ust 5 2013
Item Quantit
F I NF
Ex lanation
ervin art
cra a cou not s eci where
Invoice #6.--I—/
6675 Janua
29 2014
Item Quantit
NF
Ex lanation
Hers
aso one enerator et
F
o at ra ey s uction or scrappe ; cou not
specify scra and location
ower or
a to
i not remember purchasing item, cou not
DVD Player
s ecif an location for item
Scissor ac
o eat er Etten
e t in w . ve ice emer enc it
Invoice #7rM
Item
Quantity
Ex lanation
aw
5
a ras an
fPaint Brus 5
ems
eat er itten 2
1 F I Kept in I w . ve ice emergency it
Invoice
#607578 Jul 22 2014
Item
Quantit
F I NF
Explanation
i rous wine un e
2
onsuma a items
au not spent w erea auts o Stems
ro ane ace eater
Bathtub rain
Bechdel Sr., 16 -017
age
ac aw
Quantity
1;- deral
Ac uisition Cost
Service
Char es
Hand um er
rave rai er
not now w at item was
attoc
4 82.
8. 5
reenmaster
tra+ t ar
7. 0
4
tet osco e
Tool Carrier
.03
7.
8.96
orta a ea amp-
4 00 .00
.5
7.5
Wall GlocK
rt
ricorn at
cra a cou 1, oc s c were e
opping
as e
5
enerator
es to om uter
pur
E sng item s; s; cou not
Medical
0.
56. 9
specify any location for items
rosscut aw
are Ammu nition ;hest
559-20
2 6 0.
0.
7
cra a cou not s eci w ere
Small mmunition e-st
Scrapped; could not specify where
Cold Weather n ers in
3
Issued to w . roa crew wor ers
5. 0
2
Moor
e-rvingart
Gasoline Generator bet
not remem er purc asmg items; could not
Field ac rame
T715
2.5
65
59
specify an y location for items
Invoice #607626
Au Usti
2014
Item
--Q-uanfity
F I NF
Explanation
Fibrous lwine undlej
4
____T
Consumable items
Could not specity w erea outs oT item
Heater an
.65
art
Blue of tac in air
.0
Mounting oo s e
are Ammunition Unest
Cold eat er Mitten
2
e 11 '1 1 w . ve is a emer enc it
ows oe
-no-w-
un e ; cou not eci wriere
Invoice #609907
December
30 2015
Item
Quantit
F 1 NF
Ex lanation
ammer
Crosscut aw
2
ovat e to out or anization
Eow n in
atin
onsuma a item use on ve ices
atin a
TOTAL
# OF ITEMS
FOUND
= 90 out of 123
TOTAL *OF ITEMS NOT FOUND
= 33 out of 123
28. Ninety (90 out of one hundred twenty - three (123) items purchased by the Township
from the F)SP were located, or an explanation as to disposition /use was provided.
a. Thirty -three (33) items were Not Found or to have been used for personal
purposes by the Respondent, his brother, or Township employee.
29. The thirty -three (33) items which were not located and for which no Township use
could be documented, are identified on the FSP invoices as detailed in the chart
below:
Item
Quantity
1;- deral
Ac uisition Cost
Service
Char es
Fair Market
Value
rave rai er
375.GO--
50
__2__95.0
2.5
4 82.
8. 5
reenmaster
.DD
4
7. 0
4
tet osco e
.03
7.
8.96
Drinking stem
enerator
4 00 .00
.5
7.5
946. 0
ricorn at
6.00
4 000.0
3. 0
.5
5.07
46.0
enerator
es to om uter
66.0
0.
56. 9
-P-us-fi Mower
559-20
2 6 0.
0.
7
,25
7.27
aso ine enerator et
.0
ua ox
ent
7.75
5. 0
2 .49
Moor
e-rvingart
Gasoline Generator bet
25 .DO
T715
2.5
65
59
P a er
0.0
7.50
4.73
Pro pan ace eater
2
5 .
.0
D
4.
5.
attoc
-Sffo-r)
.37
0
•
.65
art
.
.0
Bechdel Sr., 16 -017
Page
e Ica ante as et
.85
5
are mmunition chest
2
2.
3.
ma mmunition est
J_"::�7.77
ie ac came
.28
2.
5
eater an
6 9
Wows oe
TOTAL
34 369.92
8.39
a. The federal acquisition cost of the thirty -three (33) items was $34,369.92.
Federal acquisition cost is the amount paid by the federal
[government) to originally purchase that item.
b. The service charge of the thirty -three (33) items was $4,011.10.
1. The service charge is the fee charged to the Township to purchase
the item from FSP.
C. The fair market value of an item on any FSP invoice is calculated by
multiplying the federal acquisition cost by 23.65 %.
1. The term "fair market value" refers to the approximate value of an
item if it were to be sold to the public, outside of the FSP program.
THE FOLLOWING FINDINGS RELATE TO RESPONDENT UTILIZING THE AUTHORITY
OF HIS OFFICE TO PURCHASE A FEMA TRAVEL TRAILER THROUGH THE FSP
PROGRAM FOR THE PURPOSE OF TRANSFERRING SAME TO HIS BROTHER.
30. The Federal Emergency Management Agency ( "FEMA ") is a federal government
entity which provides both emergency coordination and emergency response to
federally recognized disasters, both natural and manmade.
a. Between 2007 and 2008, FEMA purchased thousands of travel trailers from
TL Industries, in response to several natural disasters in which federal
intervention was granted.
1. The FEMA purchased travel trailers were to be used as temporary
housing for individuals displaced by natural disasters (flooding,
hurricanes, etc.)
2. FEMA had purchased enough trailers so that at least 2,000 were
available at any given time.
b. Following the large purchase of TL Industries travel trailers, FEMA elected to
surplus the trailers that had been unused /unoccupied to various FSP
locations throughout the United States.
1. One of the FSP locations chosen for the distribution of surplus travel
trailers was the FSP warehouse in Harrisburg, Pennsylvania.
FSP Travel Trailer purchases in 2009:
31. As a Township Supervisor and applicant on behalf of the Township to participate in
the FSP, Bechdel, Sr. has knowledge of the FSP program prohibiting purchases for
non - government use.
a. Even though he possessed this knowledge, Bechdel, Sr. knowingly made
purchases for the personal benefit of himself or his brother which were made
in the name of the Township.
Bechdel Sr., 16 -017
age
32. In early 2009, Respondent Bechdel, Sr. informed Larry Eoute, an employee of the
Bald Eagle Township Road Department, of FEMA travel trailers available for
purchase through the FSP program at a substantially reduced cost.
a. Bechdel, Sr. became aware of the availability of travel trailers as a result of
accessing FSP's website in his public position.
b. Bechdel, Sr. inquired of Eoute's interest in purchasing a FEMA trailer from
FSP.
1. Bechdel, Sr. did not advise Eoute of the purchase restrictions, which
included that the purchase had to be for use by the Township.
G. Eoute, believing he could purchase a trailer for p ersonal use, advised
Bechdel, Sr. of his desire to purchase [one] of the FEMA trailers.
1. On or about March 9, 2009, Bechdel, Sr. and Eoute took two (2)
Township vehicles to an FSP depot in Ohio with the intent of
purchasing two (2) travel trailers and computers with Township funds.
2. Bechdel, Sr. intended to purchase one of the travel trailers from the
Township for himself, and Eoute was to purchase the second trailer
and a computer.
33. On March 9, 2009, the Township received invoice no. 597629 from the FSP,
detailing the six (6) items purchased by Bechdel, Sr. at or about that time.
a. Township General Fund Check #1195 (dated March 30, 2009) was issued to
the "Commonwealth of Pennsylvania" as payment for FSP invoice #597629.
b. The items purchased are listed in the chart below:
C. Two (2) of the items identified on invoice no. 597629 were FEMA travel
trailers.
1. As was arranged by Bechdel, Sr., one of the travel trailers was to be
utilized by Bechdel, Sr., and the other was to be used by Eoute.
2. Larry Eoute purchased one of the Toshiba laptops listed in invoice no.
597629 from the Township immediately following its acquisition from
FSP.
d. None of the items purchased on Invoice No. 597629 were used for Township
business as required by FSP regulations.
e. The sole purpose and intent of Bechdel, Sr. to travel to Ohio was to purchase
the travel trailer for his personal use and that of Eoute.
Bechdel Sr., 16 -017
Page
1. Bechdel, Sr. informed Eoute the trailers would be stored for two (2)
years and then could be resold.
34. The FSP FEMA trailer purchased by Bechdel, Sr. in 2009, FSP invoice #597629
�VIN #5M6TE272265002978), was transferred from the Township to Susan G.
eters on May 13, 2011.
a. Susan G. Peters is the paramour of Respondent James H. Bechdel, Sr.
1. At the time of the title transfer, Peters resided at [address redacted].
2. Peters and the Respondent currently reside together at [residence
address redacted].
b. Former Township Secretary/Treasurer Michelle L. Walizer (Bennett) provided
her signature on the transfer paperwork to transfer the trailer title into Susan
G. Peters' possession.
C. Peters was used b Bechdel, Sr. as a "straw party" to avoid suspicion and
scrutiny from the FSP regarding the sale of Township property.
d. Although Peters was the named title holder, Bechdel, Sr., maintained control
over the trailer.
e. Bechdel, Sr. purchased the trailer with the intent to transfer same to himself,
through Peters.
35. The FSP FEMA trailer (VIN #5M6TE272265002978) was sold from Peters to
Michael J. Renninger on October 26, 2013.
a. The trailer currently is in the possession of Renninger and located at his
residence at [residence address redacted].
b. Renninger purchased the trailer from Respondent, James Bechdel, Sr., for
$3,500.00.
C. Even though [the trailer was] titled in [Peters'] name, Renninger negotiated
the purchase with the Respondent.
36. The Township has no records of either Bechdel, Sr., Peters, or Eoute paying for
either travel trailer.
FSP Travel Trailer purchase in 20112:
37. Following Respondent using his public position to obtain a travel trailer for his
personal use, Respondent's brother expressed an interest in obtaining a similar unit.
a. Respondent located a trailer by accessing FSP's online site.
38. On June 22, 2011, a FEMA travel trailer was transferred from the FEMA Logistics
Center in Cumberland, Maryland, to the FSP facility in Harrisburg, Pennsylvania.
a. A U.S. government "Certificate to Obtain Title to a Vehicle" form
accompanied the travel trailer, which included specifications for the travel
trailer, as listed below:
it Vehicle Identification Number (VIN): 5CH2OOR3591170116
Bechdel Sr., 16 -017
Page 17'
• Certificate Number: 70112 -1148 108
• Year, Make, Model: 2009 TL Industries TT834
• Purchase Price. $19,375.00
• Date of Statement: June 22, 2011
39. On March 6, 2012, this FEMA travel trailer was purchased from the FSP by Bald
Eagle Township Supervisor James Bechdel, Sr. using the authority of his public
position.
a. FSP Invoice No. 603203 was signed by Township Supervisor James
Bechdel, Sr., at the time of the purchase, as a representative of the
Township.
b. Invoice No. 603203 listed the following information concerning the travel
trailer:
• Item Code: 2330 -11 -0352 -001
• Federal Acquisition Cost: $19,375.00
• FSP Service Charge: .$2,995.00
C. Bechdel, Sr. was only able to take possession of the trailer by virtue of his
position as a Township Supervisor.
40. The travel trailer purchased by Bechdel, Sr. via invoice no. 603203 was a 2009 TL
Industries TT834 travel trailer.
a. The travel trailer was purchased by Bechdel, Sr. as a Township Supervisor
and authorized Township purchaser under the ruse that the trailer was to be
utilized for official Township business.
b. The Township had no need for the trailer, and Bechdel, Sr. did not seek
Board approval to make the purchase.
C. The trailer was purchased for the sole personal use by Bechdel, Sr. and/or a
member of his immediate family.
d. Bechdel, Sr. signed invoice no. 603203 as a Township representative,
acknowledging receipt of this particular trailer on behalf of the Township.
1. Jack Bechdel, Bechdel, Sr.'s brother, accompanied Bechdel, Sr. on or
about March 6, 2012, the time the 2009 TL Industries TT834 travel
trailer was purchased from FSP.
41. On April 4, 2012, the FEMA trailer was released from the FSP to Bechdel, Sr.
a. A "Certificate of Release of Motor Vehicles" form accompanied the travel
trailer.
1. Mary Beth Stringent, Director of the Bureau of Supplies and Surplus
Operations with the Pennsylvania Department of General Services,
completed and signed this form, which was then notarized by Dauphin
County Notary Michelle L. Thrush on April 5, 2012.
2. This form states that ownership of the travel trailer was officially
transferred to the Township as the owner and listed the Township's
municipal address: 12 Fairpoint Road, Mill Hall, PA 17751.
Bechdel Sr., 16 -017
age`
b. The 2009 TL Industries TT834 travel trailer was never used for any Township
business.
C. The sole reason for the Township's purchase of the trailer by Bechdel, Sr.
was to provide the trailer to his brother, Supervisor Jack Bechdel.
42. On November 12, 2013, ownership of the travel trailer purchased by the Township
in 2012 was transferred from the of to Jack Bechdel.
a. The transfer occurred approximately nineteen (19) months after the travel
trailer had officially been released by FSP to Bechdel, Sr. in his capacity as a
Township Supervisor.
b. Jack Bechdel waited nineteen (1 9) months to take official ownership of the
travel trailer to give the impression that the trailer was being utilized for
Township business and that the Township was complying with FSP policies.
1. FSP policy requires that certain larger items, such as vehicles, be
utilized by the donee for at least eighteen (18) months before said
items may be sold by the donee.
2. FSP policy also requires that if a donee wishes to sell items previously
purchased from the FSP, the donee must notify the FSP of its
intentions.
3. The Township did not notify the FSP regarding its intention to sell any
of the items previously purchased from the FSP, including the travel
trailer that was sold to Jack Bechdel.
43. Title to the 2009 TL Industries TT834 travel trailer (VIN: 5CH200R3591170116) was
transferred from the Township to Jack Bechdel on or about November 12, 2013,
utilizing the title /notary services of The Kar Lot, 131 Hogan Boulevard, Mill Hall,
Pennsylvania.
a. A "Computerized Vehicle Registration PennDOT Applicant Summary
Statement" form was filed with The Kar Lot by Margaret L. Johnson, an
employee of The Kar Lot, who completed and signed this form on November
12, 2013.
Jack Bechdel, listed as the purchaser of the trailer, also signed the
form as the "owner" verifying his home address as [residence address
redacted].
2. The trailer was listed in "fair" condition on this form.
3. Jack Bechdel paid $52.50 to The Kar Lot for PennDOT fees
associated with processing a vehicle title transfer.
b. A "Commonwealth of Pennsylvania Certificate of Title for a Vehicle" was
filled out by Margaret L. Johnson on November 12, 2013.
1. A copy of this document was filed with The Kar Lot and the original
document was provided to Jack Bechdel.
2. Margaret L. Johnson (transfer processor), Jack Bechdel (purchaser),
and Michelle L. Bennett (Township representative /seller) all signed
this document on November 12, 2013.
Bechdel Sr., 16 -017
Page
aa. Bennett was the former Township Secretary/Treasurer and
now has the name Michelle L. Walizer.
44. The Township possesses no records of the sale of the 2009 TL Industries TT834
travel trailer (VIN: 5CH2OOR3591170116) to Jack Bechdel.
a. The Township has no record verifying any payment to the Township from
Jack Bechdel.
45. On July 22, 2016, the PennDOT vehicle database confirmed vehicular information
related to the FEMA travel trailer that had been purchased by Jack Bechdel from the
Township.
a. A "Vehicle Inquiry" is obtained from the PennDOT database by entering the
trailer's VIN.
1. The inquiry confirmed that the 2009 TL Industries TT834 travel trailer
(VIN: 5CH2OOR3591170116) is owned by Jack Bechdel and is
registered at his home address.
2. The inquiry confirmed that the trailer has a title date of November 1,
2013, which was the date that Bechdel purchased the trailer from the
Township.
3. The inquiry reflected a purchase date of November 12, 2013, which
was the date that The Kar Lot transferred ownership of the trailer from
the Township to Jack Bechdel.
46. The FSP issues certification cards to its participants, requesting that the participants
acknowledge and certify the usage of items purchased.
a. Only those who are listed under the participating organization's application
may sign these certification cards acknowledging the usage of purchased
items.
b. The Township received two (2) separate notification cards from the FSP
requesting signatures by authorized Township representatives stating that
the travel trailers purchased in 2009 and 2012 had, in fact, been put into
official use by the Township in accordance with FSP policy.
1. Both certification cards stated that the specified items "must be
placed into use within 12 months and used for a minimum of 18
months thereafter."
2. Details of these certification cards are outlined in the chart below:
Certification
Card #1
Invoice #
Specified Items
Acquisition
Cost
Date
Acquired
Card Issue
Date
Date
Placed
Signatories
Into Use
is e e a izer
(former Sec. /Tr.)
597629
Travel Trailers
2 @ 18,000
3/9/2009
4/8/2009
1 4/15/2009
- Larry Eoute Road
Vormer
oreman
Certification Card #2
Invoice #
Specified Items
Acquisition
Cost
Date
Acquired
Card Issue
Date
Date
Placed
Signatories
Into Use
6 03
rave ray ers
75.0
3 0
7 2
- ames ec e
Bechdel Sr., 16 -017
Page
r. u ervisor
C. As indicated by the chart above, Bechdel, Sr. signed the certification card for
the travel trailer purchased by the Township from the FSP on March 6, 2012.
1. By affixing his signature, Bechdel, Sr. affirmed that the Township was
using the trailers for official Township purposes.
d. Bechdel, Sr. falsified the FSP certification card by indicating that the FEMA
2009 TL Industries TT834 travel trailer acquired by the Township in 2012
was utilized by the Township.
1. No records exist demonstrating usage of the FEMA 2009 TL
Industries TT834 travel trailer by the Township for any Township
purposes.
2. This trailer was acquired by Bechdel, Sr. with the intent of providing
same to his brother, Supervisor Jack Bechdel.
e. Neither of the two (2) travel trailers acquired by Bechdel, Sr. in his capacity
as a Township Supervisor were ever utilized by the Township for any
Township purposes.
47. Jack Bechdel, Respondent's brother, claimed in an interview with a Commission
Investigator that he sold the trailer to an unknown third -party buyer, using the notary
services of Bill's Happyy Camper RV Sales and Service ("BHC"), a recreational
vehicle dealership locafed in Mill Hail, Pennsylvania.
a. William Miller, owner of BHC, signed an affidavit on October 13, 2016,
indicating that no records exist of any notary services performed for Jack
Bechdel concerning the transfer of the 2009 TL Industries TT834 travel
trailer.
b. Jack Bechdel brougght the FEMA 2009 TL Industries TT834 travel trailer to
BHC in 2014 with purported intent of selling it to a third -party buyer.
1. Miller visually witnessed the trailer in Jack Bechdel's possession.
2. Jack Bechdel brought the trailer to BHC on a Friday, at which time
Miller was asked by Jack Bechdel to inspect the trailer and provide
notary services for the sale of the trailer in the event that an interested
party committed to purchasing the trailer from him (Jack Bechdel).
3. Miller visually inspected the exterior and interior of the FEMA 2009 TL
Industries TT834 travel trailer and noted it was in excellent condition
at that time.
aa. This information contradicts the "fair" condition identified on the
sale transfer of said trailer between the Township and Jack
Bechdel.
4. Jack Bechdel asked Miller if he could leave the trailer on BHC
property over the weekend so that interested buyers could look at the
trailer, to which Miller agreed.
5. Miller returned to BHC property on the following Monday morning, and
the travel trailer was gone.
Bechdel Sr., 16 -017
Page
48. The Pennsylvania Department of Transportation vehicle database confirms that the
travel trailer transferred to Jack Bechdel by the Township on November 1, 2013, is
still registered to Jack Bechdel.
THE FOLLOWING FINDINGS RELATE TO RESPONDENT UTILIZING THE AUTHORITY
OF HIS OFFICE TO PURCHASE SURPLUS ELECTRIC GENERATORS THROUGH THE
FSP PROGRAM, WHICH ARE UNACCOUNTED FOR AND /OR WERE CONVERTED TO
HIS PERSONAL USE.
49. Between November 29, 2012, and January 29, 2014, four (4) separate
gasoline /diesel powered electric generators from the FSP were purchased by
Township Supervisors Jack Bechdel and the Respondent.
a. These four (4) generators are listed in the following invoices: #604553;
#604899; #605316; and #606675.
1. Bechdel, Sr. signed invoice #604899 and #606675.
aa. Jack Bechdel signed invoice #605316.
bb. Invoice #604553 was not signed by any Township authorized
representative.
b. Two (2) of the generators are itemized as "Generator" and the other two are
itemized as "Gasoline Generator Set."
1. A "Generator" is a stand -alone mechanical generator, while a
"Gasoline Generator Set" consists of a generator atop a small trailer,
which may be towed.
50. Upon purchase from the FSP, none of the four generators were ever stored on
Township property, nor were they ever used for Township purposes.
a. FSP policy requires that the generators were to have been utilized for official
Township purposes for a minimum of twelve (12) months.
b. As a participating entity, the Township was to notify the FSP of any resale
and/or disposal of items originally purchased from the FSP.
1. No one from the Township, including Bechdel, Sr., had ever notified
the FSP regarding the resale and/or disposal of any of the four
generators.
51. No records exist confirming usage of these four (4) generators by the Township for
official Township purposes.
a. No other Township official or employee could recall having [seen] any of
these four (4) generators on Township property.
52. Michael Starr, Chief of Federal Surplus & Law Enforcement Property Division with
the FSP, certified to Commission Investigators that all four (4) of these generators
were in new or near -new condition at the time of purchase by the Respondent and
his brother as Township representatives.
53. The following chart lists the federal acquisition cost, service charge cost, and fair
market value for each of the four generators.
Bechdel Sr., 16 -417
Item
Quantity
Federal
Ac uisition Cost
Service
Char es
Fair Market
Value
Generator
0 .00
4 0.0
97.5
97. 0
94 0
94 .00
enerator
aso one enerator et
0. 0
7 .00
7.
59.
aso one enerator a
TOTAL
25.0
10 860.00
2.5
782.50
--92- 568.40
THE FOLLOWING FINDINGS RELATE TO RESPONDENT UTILIZING THE AUTHORITY
OF HIS OFFICE TO PURCHASE SURPLUS ITEMS THROUGH THE FSP PROGRAM,
WHICH ARE UNACCOUNTED FOR ANDIOR WERE CONVERTED TO HIS PERSONAL
USE.
54. Thirty -three (33) out of one hundred twenty -three (123) items purchased by the
Township from the FSP could not be found either in possession of the Township,
nor utilized by the Township.
a. Excluding the FEMA travel trailer and four (4) generators noted in the
preceding findings, the federal acquisition cost of the remaining 28 items is
$4,134.92.
1. The amount spent by the Township on these (28) items is $233.60,
and the fair market value of these 28 items is $977.90.
55. A listing of the twenty -eight (28) miscellaneous items Not Found is detailed in the
chart below:
Item
Quantity
ederal
Acquisition Cost
Service
Charges
Fair Market
Value
reenmaster
0
2.5
118.25
4
tet osco e
4 .03
37.9G
7.5
1
8.9
Drinking stem
Hat
0 .00
.00
3. 0 U_
25. 7
acorn
Desktop om uter
6 0.0
4 . 0
5 .09
us ower
59. 0
2568
50
0. 3
Quad Box
Floor ent
47.75
5. 0
0.4
ervtn art
00.0
2.5
7. 0
230
4. 3
ace eater
wattoc er
2
.00
56.
.02
0.0
4.3
5.5
23. 7
0.0
0.
.65
Shopping art
Medical aste Bas et
5
32.65
U.UD
7.77
5
are mmunition est
22.0
6.0
0
5.
,Small AMMU nition est
2
.88
67.
.00
.92
5.
Ee ac ram_
Heater Fan
492,69
5.
2
2
15.00
7.9
Snowshoe
TOTAL
4134.92
233.60
977.90
a. No documentation could be provided by Bechdel, Sr. or his brother as to the
disposition and/or location of these twenty -eight (28) items or if the items
were ever used for Township business.
1. Respondent and his brother were the Township representatives
making the purchases from FSP.
b. No records could be provided by the Township, MSC, FAC, or Bechdel, Sr.
as to the disposition and/or location of these twenty -eight (28) items.
Bechdel Sr., 16 -017
Page 1
C. No records could be provided by the Township demonstrating usage of these
twenty -eight (28) items.
d. The twenty-eight (28) miscellaneous items Not Found consist of items
primarily used for personal use, such as Army/Na vvyy (survival /campin ) items
�- such as floor tent, ammunition chest, field pack , snowshoes and home
goods (computer, push mower, serving cart, DVD player, Mattock, waste
basket, shopping cart).
e. Bechdel Sr. was the last documented Township official to maintain
custodylpossession over the miscellaneous twenty -eight (28) items.
THE FOLLOWING FINDINGS RELATE TO RESPONDENT FILING DEFICIENT
STATEMENTS OF FINANCIAL INTERESTS WITH THE TOWNSHIP.
56, A Statement of Financial Interests ( "SFI ") compliance review was conducted at the
Township by a State Ethics Commission Investigator on July 19, 2016.
a. This SFI compliance review was for all Township public officials and
employees who are mandated to file SFI forms for each calendar year.
I . The compliance review specifically sought calendar years 2013, 2014,
and 2015.
b. The Township Secretary/Treasurer was unable to locate any SFI documents
for the Respondent for calendar years 2013, 2014, and 2015.
57, On September 19, 2016, an Ethics Commission Investigator was informed by
Township staff that Township officials had filed SFIs for the 2013, 2014, and 2015
calendar years.
a. A second compliance review was completed after being advised the
Township's mandated filers had filed their SFI forms for calendar years 2013,
2014, and 2015.
58. Bechdel, Sr. filed SFI forms for the 2013, 2014, and 2015 years with a signature
date of August 12, 2016, on all of the forms.
a. Bechdel, Sr.'s filed SFI forms include the following deficiencies:
1. 2013 SFI: Block 10 did not include the Township as a source of
income.
2. 2014 SFI: Block 6 was not completed and Block 10 did not include
his Township Supervisor income.
3. 2015 SFI: Block 6 was not completed and Block 10 did not include
his Township Supervisor income.
59. Bechdel, Sr. realized a private pecuniary benefit of no less than $34,369.92, when
he utilized the authority of his office as a Township Supervisor to make purchases
from the FSP program, with the intent and/or knowledge that the purchased items
would be converted to his personal use and/or the use of members of his immediate
family.
Bechdel Sr., 16 -017
Page
Items
Quantity
Federal
Acquisition Cost
ravel I railer
$19.3 (b. 00
Generator
4
60.
isce aneous terns
34.
TOTAL
34 369.92
a. Bechdel, Sr. purchased items from the FSP for personal use and the
personal use of his brother while knowing that FSP policies prohibited
purchase for non - government purposes.
b. Bechdel, Sr. traveled to the FSP with the intent of purchasing items using
Township funds that would later be sold to himself and/or his brother,
Supervisor Jack Bechdel, without any open and public process.
C. Items purchased by Bechdel, Sr. with Township funds [that] were never used
for Township purposes include travel trailers and generators.
d. No records exist that Bechdel, Sr. ever paid the Township for any of the
items purchased from FSP.
e. Bechdel, Sr., in his public position, approved the purchase of the personal
items at the Townships expense by voting to approve payments and signing
Township checks.
60. Bechdel, Sr. was paid as follows for calendar years 2013, 2014, and 2015 when
SFIs were not on file with the Township:
2013: $1,875.00
2014: $1,875.00
2015: $1,875,00
Total 5,625.00
III. DISCUSSION:
As a Supervisor for Bald Eagle Township ( "Township "), Cinton Countyy,
Pennsylvania, since about 1983, Respondent James H. Bechdel, r., lso referred to
herein as Respondent and Bechdel, Sr., 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 Respondent violated Sections 1103(a), 1104(a), 1104(d),
1105(b)(2), and 1105(b)(5) of the Ethics Act: (1) when he used the authority of his public
position for the private pecuniary benefit of himself and /or a member of his immediate
family by making purchases from the Federal Surplus Supply Property Program ( "FSP "),
which is of restricted access, and subsequently converted those items to his personal use;
2 when he engaged in the purchase of a Federal Emergency Management Administration
( "FEMA ") travel trailer from the FSP and subsequently conveyed same to his brother, a
member of his immediate family; and (3) when he filed deficient Statements of Financial
Interests by failing to include the Township as a source of income for the 2013, 2014, and
2015 calendar years, in addition to failing to identify an occupation or profession for the
2014 and 2015 filing years.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
Bechdei Sr' 16 -017
Page
§ 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 , ecuniary benefit of the public official /public
employee himself, any member of his immedpiate family, or a business with which he or a
member of his immediate family is associated.
Section 1104(a) of the Ethics Act provides that each public official /public employee
must file a Statement of Financial Interests for 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 a Statement of Financial Interests as
required by the Ethics Act.
Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure
that a person required to file the Statement of Financial Interests form must provide.
Section 1105(b)(2) of the Ethics Act requires the filer to disclose on the Statement of
Financial Interests his occupation or profession.
Subject to certain statutory exceptions not applicable to this matter, Section
1105(b)(5) of the Ethics Act requires the filer to disclose on the Statement of Financial
Interests the name and address of any direct or indirect source of income totaling in the
aggregate $1,300 or more.
We shall now summarize the relevant facts.
Bechdel Sr., 16 -017
ag
The Township Board of Supervisors ( "Board of Supervisors ") consists of three
Members. The Townshipp Supervisors receive $1,875.00 gross annually for services
rendered in their elected Supervisor /public official capacity.
Respondent has served as a Township Supervisor since about 1983. Between
January 2004 and August 2014, Respondent served as Vice- Chairman of the Board of
Supervisors. Since August 2014, Respondent has served as Chairman of the Board of
Supervisors. Additionally, Respondent has been employed as the full -time Roadmaster for
the Township since March 2010.
Respondent's brother, Jack Bechdel (also referred to herein as "Respondent's
brother "), has been a Member of the Board of Supervisors from January 2010 through the
present.
The FSP is a federally sponsored program that is administered locally by the
Pennsylvania Department of General Services ( "DGS "). The FSP authorizes
representatives of municipalities and certain other types of entities to purchase - -for their
use-- surplus items, vehicles, equipment, and supplies at a 70% to 90% reduction of actual
costs. All interested participants for the FSP must file an application to the FSP to
determine eligibility_ Only individuals authorized by a municipality can make purchases on
behalf of a municipality. These authorized individuals must be documented on the
municipality's application to participate in the FSP.
Municipalities and those individuals authorized to make purchases on their behalf
are required to adhere to certain rules, policies, guidelines, and regulations governing the
purchase of Federal surplus property, which include, inter alia, the following (1) the
property is needed and will be used by the recipient (referred as the "donee ") for carrying
out or promoting for the residents of a given political area one or more public purposes; (2)
the property is not being acquired for any other use or purpose, or for sale or other
distribution, or for permanent use outside of the state, except with prior written approval of
the state agency; (3) all items of propert shall be placed in use for the purpose(sAGS
for
which acquired within one year of receipt unless otherwise specified by FSP and/or
personnel) and shall be continued in use for such purpose(s) for one year from the date the
property was placed in use; (4) if the property is not placed into use, the property must be
returned to the state or made available to transfer to another agency or the state; (5)
certain larger items, such as vehicles, must be utilized by the donee for at least eighteen
months before being sold or transferred; (6) smaller items must be utilized for at least
twelve months before being sold or transferred; (7) a donee must notify the FSP prior to
taking any action to sell /transfer /dispose of items purchased from the FSP; and (8) items
with an acquisition cost of $5,000.00 or more are to be used only for the purpose(s) for
which acquired and no other purpose(s).
When a municipality purchases items from the FSP, the FSP provides the
municipality with an invoice listing the purchased items and the "federal acquisition costs"
and "service charge costs" of the items, per unit and total. The "federal acquisition cost" is
the cost paid by the federal government to manufacture /obtain a particular item. The
"service charge cost" is the cost of an item for an FSP participant. The "fair market value"
of an item on any FSP invoice is calculated by multiplying the federal acquisition cost by
23.65 %. The term "fair market value" refers to the approximate value of an item if it were
to be sold to the public, outside of the FSP program. Fact Findings 29 c, 29 c(1).
Respondent has been authorized to make purchases from the FSP on behalf of the
Township since or before January 2004. As a Township Supervisor, Respondent
purchased items from the FSP forthe personal use of himself and/or his immediate family,
despite knowing that FSP pIce ies prohibited purchase for non - government purposes. Per
the admitted Fact Findings, spondent traveled to the FSP with the intent of purchasing
items using Township funds that would later be sold to himself and/or Jack Bechdel without
any open and public process. Respondent, in his public position, approved the purchase
Bechdel Sr., 16 -017
Page
of the personal items at the Township's expense by voting to approve payments and
signing Township checks as an authorized Township signatory. Such items were
subsequently converted to the personal use of Respondent and /or his immediate family.
No records exist that Respondent ever paid the Township for any of the items purchased
from the FSP.
On August 1, 2016, an inventory of items purchased by Respondent from the FSP
with Township funds was conducted by Commission Investigators at the Township
municipal building. There were 33 items that were not located and for which no Township
use could be documented. Such items included a travel trailer that the Federal Emergency
Management Agency ( "FEMA ") had originally purchased for use as temporary housing for
individuals displaced by natural disasters, two generators, two "generator sets' (generators
on small trailers), and other miscellaneous items. The federal government paid a total of
$34,369.92 to originally purchase the aforesaid 33 items. The fee charged to the Township
to purchase the 33 items from the FSP was $4,011.10. The total fair market value of the
aforesaid 33 items when acquired from the FSP was $8,128.49, calculated as 23.65% of
the federal acquisition cost.
The FEMA travel trailer that is at issue in this case was purchased from the FSP in
2012.1 Respondent located this travel trailer by accessing FSP's online site. On March 6,
2012, Respondent purchased this travel trailer - -a 2009 TL Industries TT834 FEMA travel
trailer identified with Vehicle Identification Number ( "VIN ") 5CH2OOR3591170116- -from the
FSP as a representative of the Township using the authority of his public position. The
federal acquisition cost of this trailer was $19,375.00. The service charge cost (cost to the
Township for purchasing this travel trailer) was $2,995.00. The fair market value of this
travel trailer at the time it was obtained from the FSP was $4,582.19. The FSP Invoice
documenting this transaction, FSP Invoice No. 603203, was signed by Respondent at the
time of the purchase as a representative of the Township. Respondent was only able to
take possession of the trailer through his position as a Township Supervisor. The travel
trailer was purchased by Respondent as a Township Supervisor and authorized Township
Weunder the ruse that the trailer was to be utilized for official Township business.
The Township had no need for the trailer, and Respondent did not seek approval of the
Board of Supervisors to make the purchase. This travel trailer was acquired by
Respondent with the intent and for the sole reason of providing same to his brother, Jack
Bechdel. This travel trailer was never utilized by the Township for any Township purposes.
However, Respondent signed an FSP certification card falsely affirming that the travel
trailer was utilized by the Township for official Township purposes.
On November 12, 2013, ownership of the 2009 TL Industries TT834 travel trailer
purchased by the Township in 2012 was transferred from the Township to Jack Bechdel.
Jack Bechdel waited nineteen months to take official ownership of the travel trailer to give
the impression that the trailer was being utilized for Township business and that the
Township was complying with FSP policies. The Township did not notify the FSP
regarding its intention to sell any of the items previously purchased from the FSP, including
the travel trailer that was transferred to Jack Bechdel.
At the time title to the travel trailer was transferred from the Township to Jack
Bechdel, the travel trailer was listed in "fair" condition. Michelle L. Bennett (now known as
Michelle L. Walizer), former Township Secretary/Treasurer, signed the title paperwork as
the Township representative, and Jack Bechdel signed it as the purchaser. The Township
ppossesses no records of the sale of the 2009 TL Industries TT834 travel trailer (VIN:
5CH2OOR3591170116 to Jack Bechdel. The Township has no record verifying any
payment to the Township from Jack Bechdel.
1 We may not rule upon Respondent's activities relating to a different travel trailer purchased from the FSP
in 2009 and later transferred to Respondent's paramour as a "straw party," due to the statute of limitations
of the Ethics Act. See, 65 Pa.C.S. § 1108(m).
Bechdel Sr., 16 -017
57—
in an interview with a Commission Investigator, Jack Bechdel claimed that he sold
the aforesaid travel trailer to an unknown third -party buyer, using the notary services of
Bill's Happyy Camper RV Sales and Service ( "BHC "), a recreational vehicle dealership
located in Mili Hall, Pennsylvania. However, William Miller ( "Miller "), owner of BHC, signed
an affidavit on October 13, 2016, indicating that nos exist of any notary services
performed for Jack Bechdel concerning the transfer of the 2009 TL Industries TT834 travel
trailer. Jack Bechdel brought this travel trailer to BHC in 2014 with the purported intent of
selling it to a third -party buyer. Miller visually witnessed the trailer in Jack Bechdel's
possession and noted that the travel trailer was in excellent condition at that time. Jack
Bechdel asked Miller if he could leave the trailer on BHC property over the weekend so that
interested buyers could look at the trailer, to which Miller agreed. When Miller returned to
BHC property the following Monday morning, the travel trailer was gone. Pennsylvania
Department of Transportation records confirm that the travel trailer is still registered to Jack
Bechdel.
As for other FSP purchases relevant to this case, between November 29, 2012, and
January 29, 2014, four generatarslgenerator sets "generators ") were purchased from the
FSP by Respondent and Jack Bechdel as Township Supervisors. Respondent signed the
FSP invoices for two of these generators, and Jack Bechdel signed the FSP invoice for one
of these generators. The FSP invoice for the fourth generator was not signed by any
Township authorized representative. Upon purchase from the FSP, none of these
generators were ever stored on Township property, nor were they ever used for Township
purposes. No other Township official or employee could recall having seen any of these
generators on Township property. No one from the Township, including Respondent, had
ever notified the FSP regarding the resale and/or disposal of any of these generators. Per
an FSP representative, all four of these generators were in new or near -new condition at
the time of purchase by the Respondent and his brother as Township representatives. For
these four generators, the total federal acquisition cost was $10,860.00, the total service
charge cost was $782.50, and the total fair market value at the time of acquisition through
the FSP was $2,568.40.
For the remaining 28 items purchased by the Township from the FSP that could not
be found either in possession of the Township or utilized by the Township, the total federal
acquisition cost was $4,134.92, the total service charge cost was $233.60, and the total fair
market value at the time of acquisition through the FSP was $977.90. Respondent and his
brother were the Township representatives making the purchases from the FSP.
Respondent was the last documented Township official to maintain custody /possession
over the miscellaneous 28 items.
Between February 21, 2012, and December 30, 2015, a total of twelve invoices
were issued to the Township from the FSP, relating to purchases made by authorized
Township representatives. All twelve of the FSP invoices list the Township as the "donee."
Respondent signed ten of these invoices as an authorized Township purchaser. Jack
Bechdel signed one of these invoices. The Township paid for all twelve FSP invoices with
Township Tunds. Respondent voted to approve all twelve Township payments to FSP.
Signature authority over Township financial accounts is maintained by all three
Supervisors and the Secretary/Treasurer. Issued Township checks require the live
signatures of any two of the four authorized signatories. Both Respondent and .lack
Bechdel signed, as authorized Township signatories, all twelve of the Township checks
issued to the FSP for FSP purchases, which included items for their personal use.
The admitted Fact Findings provide that Respondent realized a private pecuniary
benefit of no less than $34,369.92 when he utilized the authority of his office as a
Township Supervisor to make purchases from the FSP program, with the intent and /or
knowledge that the purchased items would be converted to his personal use and /or the use
of members of his immediate family. Fact Finding 59.
Bechdel Sr., 16 -017
Page
An SFI compliance review was conducted at the Township on July 19, 2016. The
Township Secretary[Treasurer was unable to locate any SFIs for the Respondent for
calendar years 2013, 2014, and 2015. On September 19, 2016, Township staff informed a
Commission Investigator that Township officials had filed SFIs for the 2013, 2014, and
2015 calendar years. Thereafter, a second compliance review was completed at the
Township. Respondent's SFI forms for the 2013, 2014, and 2015 years were signed
August 12, 2016. All three SFI forms were deficient in that they did not include the
Township as a source of income. Respondent also failed to complete Block 6
( "Occupation or Profession ") on his SFIs for calendar years 2014 and 2015. Respondent
received $1,875.00 per year of Supervisor compensation from the Township at a time
when he did not have the required accurate and complete SFIs on file with the Township.
Having summarized the above relevant facts, we must now determine whether the
actions of Respondent violated Sections 1103(a), 1104(a), 1104(d), 1105(b)(2), and
11050M 5 of the Ethics Act, 65 Pa.C.S. §§ 1103. (a), 1104(a), 1104(4), 1105(b)(2), and
1105 b��5�. As we apply the facts to the allegations, due process requires that we not
depart from the allegations. Penns v. Department of State, 594 A.2d 845 (Pa. Cmwlth.
1991). A violation of the Ethics Act must a based upon c ear and convincing proof. 65
Pa.C.S. § 1108(g). Clear and convincing proof is "so'clear, direct, weighty, and convincing
as to enable the trier of fact to come to a clear conviction, without hesitance, of the truth of
the precise facts in issue. "' In Re: Charles E.D.M., 550 Pa. 595, 601, 708 A.2d 88, 91
('1998) (Citation omitted).
Per the Pennsylvania Supreme Court's decision in Kistler v. State Ethics
Commission, 610 Pa. 5'16, 22 A.3d 223 (2011), in order to violate Section 11 03(a) of the
Ethics Act,--a public official/public employee:
... must act in such a way as to put his office /public position]
to the purpose of obtaining for himself a private pecuniary
benefit. Such directed action implies awareness on the part of
the [public off iciallpublic employee) of the potential pecuniary
benefit as well as the motivation to obtain that benefit for
himself.
Kistler, s�u�ra, 610 Pa. at 523, 22 A.3d at 227. To violate Section 1103(a) of the Ethics Act,
a��ic officiallpublic employee "must be consciously aware of a private pecuniary benefit
for himself, his family, or his business, and then must take action in the form of one or
more specific steps to attain that benefit." Id., 610 Pa. at 528, 22 A.3d at 231.
In appl �a) ng the facts to the allegations, it is indisputable that Respondent violated
Section 11 of the Ethics Act.
Respondent used the authority of his public office when he: located the FEMA 2009
TL Industries TT834 travel trailer (VIN: 5CH2OOR3591170116) by accessing FSP's online
site; purchased this travel trailer on March 6, 2012, in his capacity as a representative of
the Township; signed the FSP Invoice documenting this transaction in his official capacity
as a representative of the Township; voted to pay the FSP Invoice for this transaction; and
signed, as an authorized Township signatory, the Township check paying for this FEMA
travel trailer with Township funds, The travel trailer was purchased by Respondent as a
Township Supervisor and authorized Township purchaser under the ruse that the trailer
was to be utilized for official Township business. This travel trailer was never utilized by
the Township for any Township purposes. Respondent used the Township's access to the
FSP with the intent and for the sole reason of providing the travel trailer to his brother, Jack
Bechdel. Respondent used the authority of his public office when he signed an FSP
certification card falsely affirming that the travel trailer was utilized by the Township for
official Township purposes. On November 12, 2013, ownership of this travel trailer was
transferred from the Township to Jack Bechdel. The Township has no record of Jack
Bechdel paying anything to the Township for this travel trailer. The federal acquisition cost
Bechdel Sr.! , 16 -017
Page
of this travel trailer was $19,375.00. The service charge cost (cost to the Township for
purchasing this travel trailer) was $2,995.00. The fair market value of this travel trailer at
he time it was obtained from the FSP was $4,582.19.
As for other FSP purchases at issue in this case, Respondent used the authority of
his public office when he effectuated such purchases in his official capacity as a Township
representative and/or voted to pay the FSP invoices for such purchases with Township
funds and signed, as an authorized Township signatory, the Township checks paying for
such purchases. For the four generators - -which were never stored on Township property
or used for Township purposes - -the total federal acquisition cost was $10,860.00, the total
service charge cost was $782.50, and the total fair market value at the time of acquisition
through the FSP was $2,568.40. For the remaining 28 items purchased by the Township
from the FSP that could not be found either in possession of the Township or utilized by
the Township, the total federal acquisition cost was $4,134.92, the total service charge cost
was $233.60, and the total fair market value at the time of acquisition through the FSP was
$977.90. Respondent and his brother were the Township representatives making the
purchases from the FSP. Respondent was the last documented Township official to
maintain custody /possession over the miscellaneous 28 items.
Respondent has admitted that he realized a private pecuniary benefit of no less than
$34,369.92 when he utilized the authority f his office as a Township Supervisor to make
purchases from the FSP program, with the intent and/or knowledge that the purchased
items would be converted to his personal use and /or the use of members of his immediate
family. Fact Finding 59.
With each element of a violation of Section 1103(a) of the Ethics Act established,
we hold that Respondent violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a),
when he used the authority of his public office as a Township Supervisor to make
purchases from the FSP, which is of restricted access, and subsequently converted those
items to his personal use and /or conveyed them to a member of his immediate family. Cf.,
Kolb, Order 1322; see also, Calhoun, Order 1562.
We further hold that Respondent violated Section 1104(a)/1105(b)(2), (5) of the
Ethics Act, 65 Pa.C.S. § 1104(a)/1105(b)(2), (5), when he filed untimely an deficient SFIs
on which he failed to include the Township as a source of income for the 2013, 2014, and
2015 calendar years and failed to identify an occupation or profession for the 2014 and
2015 calendar years.
In contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104 d),
Respondent received $1,875.00 per year of Supervisor compensation from the Township
when he did not have accurate and complete SFIs on file with the Township.
Section 1107(13) of the Ethics Act empowers this Commission to order restitution in
a
instances where public official /public employee has obtained a financial gain in violation
of the Ethics Act. Restitution is warranted in this case. The Township is the governmental
entity that directly lost money as a result of Respondent's actions. Based upon the
admitted averments of the Investigative Complaint, the quantifiable amount lost by the
Township is $4,011.10.
Accordingly, Respondent dames H. Bechdel, Sr. is ordered to make payment of
restitution in the amount of $4,011.10 payable to Bald Eagle Township and forwarded to
this Commission by no later than the thirtieth (30ih) day after the mailing date of this
adjudication and Order.
Additionally, in light of the egregious nature of Respondent's conduct, we shall
impose a treble penalty in this case pursuant to Section 1109(c) of the Ethics Act.
Bechdel Sr., 16 -017
agFr e 31
Respondent has admitted that he realized a rivate pecuniary benefit of no less than
$34,369.92 when he utilized the authority of his office as a Township Supervisor to make
purchases from the FSP program, with the intent and/or knowledge that the purchased
items would be converted to his personal use and/or the use of members of his immediate
family. Fact Finding 59. The calculation of the treble penalty is three times the amount of
the financial gain resulting from Respondent's aforesaid violation of Section 1103(a) of the
Ethics Act ($34,369.92 x 3 = $103,109.76).
Respondent James H. Bechdel, Sr. is ordered to make payment of a treble penalty
in the amount of $103,109.76 payable to the Commonwealth of Pennsylvania and
forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date
of this adjudication and Order.
Respondent is directed to not accept any reimbursement, compensation or other
payment from the Township representing a full or partial reimbursement of the aforesaid
restitution or treble penalty.
We shall not require disgorgement of the Township Supervisor compensation
Respondent received for years in which he did not have accurate and complete SFIs on file
with the Township. However, to the extent he has not already done so, Respondent is
directed to file with the Township amended SFIs for the 2013, 2014, and 2015 calendar
years, providing full financial disclosure as required by the Ethics Act and the Regulations
of this Commission, by no later than the thirtieth (301h ) day after the mailing date of this
adjudication and Order, and to forward copies of such filings to this Commission for
compliance verification purposes.
Non - compliance will result in the institution of an order enforcement action.
Turning to the matter of referral, given the criminal penalties associated with the
Ethics Act and the potential applicability of other laws, we shall refer this Order to the Office
of the Clinton County District Attorney, the Office of the Attorney General of the
Commonwealth of Pennsylvania, and the U.S. Attorney's Office of the Middle District of
Pennsylvania with our recommendation that criminal prosecutions be instituted against
Respondent.
IV. CONCLUSIONS OF LAW:
1. As a Supervisor for Bald Eagle Township ( "Township "), Clinton County,
Pennsylvania, since about 1983, Respondent James H. Bechdel, Sr. 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 §-q q.
2. James H. Bechdel, Sr. violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. §
1103(a), when he used the authority of his public office as a Township Supervisorto
make purchases from the Federal Surplus Supply Property Program, which is of
restricted access, and subsequently converted those items to his personal use
and/or conveyed them to a member of his immediate family.
3. James H. Bechdel, Sr. violated Section 1104(a)11105(b)(2), (5) of the Ethics Act, 65
Pa.C.S-§1104(a)11105(b)(2),(5 �Ie when he filled untimely and deficient Statements
of Financial Interests on which failed to include the Township as a source of
income for the 2013, 2014, and 2015 calendar years and failed to identify an
occupation or profession for the 2014 and 2015 calendar years.
4. In contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), James
H. Bechdel, Sr. received $1,875.00 per year of Supervisor compensation from the
Township when he did not have accurate and complete Statements of Financial
Interests on file with the Township.
Bechdel Sr., 16 -017
Page P
Restitution and a treble penalty are warranted.
in Re: James H. Bechdel, Sr.,
Respondent
File Docket: 16 -017
Date Decided: 4113117
Date Mailed: 4114117
ORDER NO. 1713
1. As a Supervisor for Bald Eagle Township ( "Township "), Clinton County,
Pennsylvania, ,lames H. Bechdel, Sr. violated Section 1103(a) of the Public Official
and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1103(a), when he used the
authority of his public office as a Township Supervisor to makke purchases from the
Federal Surplus Supply Property Program, which is of restricted access, and
subsequently converted those items to his personal use and/or conveyed them to a
member of his immediate family.
2. James H. Bechdel, Sr. violated Section 1104(a)11105(b)(2), (5) of the Ethics Act, 65
Pa.C.S. §§ 1104(a)11105(b)(2), {5), when he filed untimely and deficient Statements
of Financial Interests on which he failed to include the Township as a source of
income for the 2013, 2014, and 2015 calendar years and failed to identify an
occupation or profession for the 2014 and 2015 calendar years.
3. In contravention of Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d), James
H. Bechdel, Sr. received $1,875.00 per year of Supervisor compensation from the
Township when he did not have accurate and complete Statements of Financial
Interests on file with the Township.
4. James H. Bechdel, Sr. is ordered to make ppayment of restitution in the amount of
$4,011.10 ttte Ethics omlmissolby Eagle late� than the and forwarded to the thirtieth (30t) day after the Pennsylvania
date of this Order.
5. James H. Bechdel, Sr. is ordered to make payment of a treble penalty in the amount
of $103,109.76 payable to the Commonwealth of Pennsylvania and forwarded to
the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day
after the mailing date of this Order.
6. James H. Bechdel, Sr. is further directed to not accept any reimbursement,
compensation or other payment from the Township representing a full or partial
reimbursement of the aforesaid restitution or treble penalty.
7. To the extent he has not already done so, James H. Bechdel, Sr. is directed to file
with the Township amended Statements of Financial Interests for the 2013, 2014,
and 2015 calendar years, providing full financial disclosure as required by the Ethics
Act and the Regulations of this Commission, by no later than the thirtieth (30t'') day
after the mailing date of this Order, and to forward copies of such filings to this
Commission for compliance verification purposes.
8. Non - compliance with paragraph 4, 5, 6, or 7 of this Order will result in the institution
of an order enforcement action.
9. This matter will be referred to the Office of the Clinton County District Attorney, the
Office of the Attorney General of the Commonwealth of Pennsylvania, and the U.S.
Bechdel Sr.., 16 -017
Page ag
Attorney's Office of the Middle District of Pennsylvania with our recommendation
that criminal prosecutions be instituted against Respondent.
BY • •
FUM 11719411511