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HomeMy WebLinkAbout1718 Bechdela; = X STATE ETHICS COMMISSION 309 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Jack B. Bechdel, File Docket: Respondent X -ref: Date Decided: Date Mailed: 16 -016 Order No. 1718 7127117 7/31[17 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 seq., by the above -named Respondent. At the commencement of its investigation, the fnVestigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was requested. A Stipulation of Findings and a Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement has been approved. 1. ALLEGATIONS: That Jack B. Bechdel, a public official /public employee in his capacity as a Supervisor for Bald Ea Ie Township, Clinton County, Pennsylvania, violated Sections 1103(a), 1103(f), 1104(a , 1104(d), 1105(�t1104(a),11104 (2), and 1105(b (5) of the State Ethics Act (Act 93 of 1998), 65 a.C.S. §1103(a),' 103( ),1105(b)(2), and 1105(b)(5), when he used the authority of his public position for a private pecuniary benefit by making purchases from the Federal Surplus Supply Property Program, which is of restricted access, and subsequently converted those Items to his personal use; when he orchestrated the purchase of a Federal Emergency Management Administration ( "FEMA ") travel trailer from the Federal Surplus Supply Property Program and subsequently conveyed same to himself, from the Township, for a fee of $500.00, absent an open and public process; and when he filed deficient Statement[s] of Financial Interests by failing to include the Township as a source of income for the 2013 and 2015 calendar years, in addition to failing to Identify an occupation or profession for the 2015 filing year. II. FINDINGS: Jack B. Bechdel ( "Bechdel') has served as a Bald Eagle Township Supervisor since January 2010. a. Bechdel has served as the Vice - Chairman of the Board of Supervisors since August 2014. b. Bechdel has never been a full -time Bald Eagle Township employee. P.O. BOX 11470, HARRISBURG, PA 17 108-1470 • 717- 783 -1610 • 1- 800 -932 -0936 • www.ethics.state.pa.us Bechdel, 16 -016 1. Bechdel is employed part -time by Bald Eagle Township on an as- needed basis as a road crew employee. 2. 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. a. As per the Second Class Township Code, Township Supervisors receive $1,875.00 gross annually, 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. 3. Since January 2012, the Township Board of Sy ppervisors has consisted of the following individuals, other than the Respondent, Bechdel: a. James H. Bechdel, Sr. ( "Bechdel, Sr. ") (1983 through present); 1. Bechdel, Sr. is the brother and immediate family member of Respondent Bechdel. 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). 4. 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 Reorganization al 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. 5. 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 BECHDEL, Bechdel, 16 -016 age ,� 6. 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. 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. 7. 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 SP and/or DGS personnel) and shall be continued in use for such purpose(s) for 1 year from the date the property was placed in use. Bechdel, 16 -016 a1 age 4 8. 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 requires that certain larger items, such as vehicles, must be utilized by the donee for at least eighteen (18) months before [being] sold or transferred by the donee. b. Smaller items purchased by a donee from the FSP must be utilized for at least twelve (12) months before [being] 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). 9. 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 bythe 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. 10. The Township has been a participant in the FSP since or before 2004. a. Bechdel has been authorized to make purchases from the FSP on behalf of the Township since taking office as a Supervisor in 2010. b. The Township most recently filed a renewal application, which was approved by the FSP on September 23, 2014, and remains valid until September 23, 2017. Bechdel, Sr., as Chairman for the Township, signed the renewal application on or about 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: Bechdel, 16 -016 P age Page 5.' Bechdel; • Bechdel, Sr. (Township Supervisor); • Michelle Walizer (former Township Secretary/Treasurer); • Scott Bechdel (Township road crew employee); Kathryn Williams (Township Zoning Officer); and Gerard Banfill (Township Supervisor). 11. 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 signed one (1) of the invoices as an authorized Township purchaser. 1. Bechdel, Sr. (Respondent's brother) signed ten (10) of the invoices. b. One invoice, No. 604553, was not signed. by any Township representative. 12. Bechdel made purchases from FSP with Township funds for himself even though he was aware of FSP regulations prohibiting such actions. 13. 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 Invoice Invoice Federal Acquisition Cost Service Charges Item Description uantity _. .".� .._ #.,..,,� i Number, bate tunit Total Unit Discount Total: 603110 2/21/20121 Wrench Box 1 j 89 42 89.42; — 15.00; 0 .15.00; -..... , ..._.._ -,. -- __... -. -.. ..__ .............. ..._..,. .r .... _. .__.... -- - 20 Piece Socket Set 1 178.8.5! 178 85' 17.50 0� 17.% Electric Lantern l; 20.34; 20.34] 3. _ Or 3.00i File Cabinet 1' ; 53.57: 53.57;' 20,00t 0' 20 06 Personal Supplies 1 0 O1' 00 — I'M r 0`T 1.00i - -- — _ Personal Supp)<es i 0.014 0 01 8 00 0` 8 ODj - ._.. -- - Personal Supplies _1 0 01 0 01 2 00 D 2 0D Invoice Total (PaymentDue from Twp.} --� x$66.50 Total Federal Acquisition Cost —> $342 21 Total Savings Through Surplus Purchases > `$275.71 603203 31612012; Travel Trailer 1 '19375 0019375 OD 2995 00 0 2495 D0' i Swivel Rocker 1; {r 200.001 2fl0.00( 9 95. Dr 9951 i Metal Chair 2 _ t 125 00 250 OOy 2fl 00 _ OF— 40.00, J Invoice Total (Payment Due from iI ;.) --> :$3,044.95 _ - -- — ..— .......... .........._'......... -- — -- ..._._. _._... - -- -- - -- — Total - - - - - - -- - --- - -n Cos — -- Federal Acquisition Cost > . -. $ 9,825.00 Total Savings Through Surplus Purchases - -> $16,780.05_._....__.____; Bechdel, 16 -016 Page 6 -I * This item was listed with a 50 °/a discount, but the total amount charged to the Township showed no discount INVOICES FROM FEDERAL SURPLUS PROGRAM Invoice " Invoice 1 Federal Acquisition Cost ? Service Charges : Number: Date Item Description Quantity -- -_ -- _.. .Unit Total Unit Discount: Totals € 604205. 9112/20121 : Chain Assembly 1 - -.... _ 54.46: 54 46r 27.505 50 %' 13,75t - _.. _. AS Greenmaster 1 _ ........... . �.. 500.001 500.00, 125.00: 50 %; 62.50? Stethoscope- 1 r 42.03; 42 03 r 7.5W 0' 7.50; Ammunition Chest T u:... 2 ' 11.10; 22.20; 3.00;: 0' 6 00 Personal Supplies 3 r -_.. � D O1 s 0 03 ■ 1 00 0 3100 Personal Supplies 5 0 O1 0.05' 3 0. 10.00 ]7rinkmg System 1 _2.00' .N_,._. _. - - - _ 37.90: 37 90 10 00i 0' 10 001 Invoice Total (Payment Due from Trop) —> x$112 75 Total Federal Acquisition Cost -> $656 67 Total Savings` Through Surplus Purchases o 3543.92 - 604553 1112912012= * Cha€nAssembly 2 - - - - 54.46: 108.9 27 50 50 /or 27-50 _._._� ' -5 _ r.__..._ ...... Generator 1 ,_W_.... u 4000.00: 4000.00 395 00: 50% 197.501 Blanket I 10.00:: 10 00 6.5 0 6 50� Sand Bags -.._1 1 38 18 38 .18 19.95; SO 03% 9.971 -- Tricorn Hat - 1 106, 106 00 3.00 0 3. D0 1vliscellaneous Tools 1 0.01 0.01 30.00; 0 30.00; Shill Vented Knee Pads ft r 1 30.00! 30 00'' 5W 0' S DO? -. - TmmT .... - .. . -.--. # _.. - .._. Invoice Total (Payment Due from Trvp.) > _$279.47 ......_. 1 r - Total Federal AcquisitionCost - -> $4,293.11 Total Savings Through SunAus Purchases -> $4,013.64 -I * This item was listed with a 50 °/a discount, but the total amount charged to the Township showed no discount Bechdel, 16 -016 a2ge 77 Invoice Invoice Federal Acquisition Cost Service Charges j Item Description Number: Date uanti - Unit Total ;Unit :Discount;, -_ _ Total',, 606675 1/29/2014 Pkrs 31 5.00; 15 001 1.00 0:_ 3.443 Gasoline Generator Set 1' ' 250,W' 250 001 425 00. 50 %4 212.501 - - Power Cords I ...,._. r.. _ r ..... 53.21z 53 21 7.50' _. - - -- 0 7.501 Laptop 1 1750 00 1750.00i 100.00 50% 50.001 - DVD Player 12 4 20.00 20.R 17.501: Oi 17.54 Scissor Tack 1, - 141 06 14106' I S 00 _ 50 %r 7.54 Exbewe Gold Weather Mittens 2 39.9 1 79.81 5.00. 0 lo .001 - Invoice Total (Payment Due from_Twv ^> 1308.00 Total Federal Acquisition Cost - > '$2 309.09 Total Savings Through, Surplus Purchases > - r2,001 09_ - -- 607139 4116/2Q14 Hack Saw 1, 30.07; 30 071 5 Y- - - -- -- - - -. Metal Trash Cans _... ..... 5 28,29i 14145 504` SO %' 12,50£ Paint Brush 5 2.49! 12.45i 100; 0 S.QO Extreme Cold Weather Mittens. 2, 34 91; 79.82 5.00: 01 1D 00? Invoice Total (Payment Due from Twp.) -> $32.50 Total Federal Acquisition Cost --> - - -- $263.79 .Total 9 _ lus PuService Invoice , Iuvoice - Charges e deralA qu s t on C st 1gCS Item D escription :Number, Date Quantity; 'Unit Total iU_nit :Discount Total; 607578 7/22/2014 _ Fibrous Twine -:. ,. .rip 2 2.87; ` 5 341r' 1.00;r -,- . - - D` 2 DO' - • . ane Propane Space Heater p 2 178 40 ` 356 80 ` 0 41 ` 0' 0.02` _- Bathtub Drams - 1 ` 26 43 ` 26 03 €� 3.5 ...... 50 %r 1 75 I Hack Saw 1 ? 9.50: 9.501 5,041 0 5.0N Hand Pump Oiler - _.. 1 r - - r- - r - 9 75 9 75 1.5 r 0 150 _ _ ({ Mattock _ - U y 23.37,; 23.371 0. 41 0"! 0 0_l: * Straight Pry Bar 2 38 76 77 521 6.5 0; _ _ 50 /o 6,M Tool Career 1 28.59.-O' 8 59. 28.59; 5 00 0 5.00 Portable Head Lamp I; - 1.00r 100' � - 00 3 O 00 _ Wall Clock 1' 9. 30; 3.66 0 3.0 Shopping Cart I 13 r 100.00.r 100.04r 0.41 ` or 0.01' Medical Waste Basket I 5 6.5 7 32.851 0.01; 0" -C saw Saw 1' 164 53 164 53 5.00i O 5.001 f ? Large Ammunition Chest 2 ` 11 10 r 22.201` 3 00 0 6.00 k_ - _.. - - .._ SmaUAmmimitianChest - 1! -_ - - -- - r 3.88 3.88' 1.50_:' _. 4' 1.50 - - -- - - ** Cold Weather Undershirt _.._,...3;_. _..... , 13 15' 39.45Y 3 95 +50.13 %' 5.91j t Personal Supplies o a 1 ' 0 D I D 01 r O 50' 4 0 50 - - -_ Personal Supplies u 1 ' 0 D 1 0 011` 3 OO r 0' 3,00, - ._ .. Field Pack Frame _. 2 1 50 33. 67 28 �. 0 3,001 1 _ m Invoice Total (Payment Due fro Twp.) > '$52 75 1 I_ i Total Federal Acquisition Cost - -> $977.81 Total Savings Through Surplus Purchases > $925.06 t I _ -- - - - -- -- - .... .... _ - -- * Thus item was fisted with a 50 % discount but the total amount charged to the Township showed no discount. g - r ** This item was listed with a 50.13% increase in once that was charged to the Townshin_ reason is unknown. Bechdel, 16 -016 aP� Invoice Invoice Federal Acquisition Cost (- Service Charges Item Description Quantity- - °- Number Date Unit Total ;Unit Discount Total, 607626 8!l /2014 Fibrous Twine 4 2.87" 11,48 LOW 0 4001 Heater Fan 1 492.69 492 6917 45 00' 0 45.00 - BlueFabnc StackingChaus 14' 7 12T66!' 1750 00` 19.50?' 0' 273.E Mounting Bookshelf 1 ' 150.00+!- 150.0 15. 0r 15.00 Large AmmwitGon Chest 2 11 10 22.2W 3.001 Ol 6.001 y r -- r --r- 1 Extreme Cold Weather Mittens 2 39.9L 79.81 5.001 0 10.001 ' i Snowshoes 3 S3 43 1b0 29 5 00r C 15.00 Snowshoes Invoice Total (.Payment Due from Twp.) > !$368.00 — Total Federal Acquisition Cost - -> x$2_666 48 Total Savings Through Surplus Purchases > 12,298.48 609907 12130!20153 - Hammcr J-9 25.00 25.00; 4.00; 50 % 2,O0 ? * Cross -Cut Saw 2 164 53 329 06 5.00 500 o S 00 _- �... - _ BowlmgP 5, ' 11 SO 57 S0� 1M 0; 10.0W 1 Lube 0 1' 43.5& 43 56` 17.50; 50 %r $ 75 f d9 Small0scillatingFan 2, 15.00; 30 00� 7.50!' 50%' 50 Invoke Total (Payment Due from Tt vp ) - . > $33.25 - - -- - Total Federal Acquisition Cost - - >- .._......;x$48512 Total Savings Through Surplus Purchases > '451 87 t — F * This item was listed with a 50% discount, but the total amount charged to the Township showed no discount 1 3. Overall Total Amount Due from Tivp > 34,789.63 Overall Total Federal Acquisition Cost - -> x$40,754.00 _, _,., - -- - -- - -- - -- .. - -- -- - - _, 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 /o (3 x $3.95 = $11.85; $11.85 - 50.13 %- $5.91.] 14. 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. 15. 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. 16. Prior to meetings, Supervisors receive a meeting acket which generally consists of the upcoming meeting agenda, a written copy of tre 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, 16 -016 age 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). 17. The vote taken at each Board of Supervisors meeting to approve the bills includes the approval of Federal Surplus Property Program transactions. a. Bechdel, as a Township Supervisor, voted to approve the payment of bill lists containing invoices from FSP purchases including items for his and his brother's personal use. b. The Township used its General Fund account to pay for eleven (11) of the twelve (12) invoices. The Township's General Fund account is maintained at M &T Bank under account number [account number redacted]. C. 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. 18. Bechdel, as an authorized TownsVsignatory, signed all twelve (12) of the checks issued from the Township to the . a. Bechdel, Sr. (Respondent's brother) also signed all twelve (12) checks. 19. On August 1, 2016, an inventory of surplus items purchased by Bechdel 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. Bechdel (Respondent) and Supervisor Bechdel, Sr. 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.) 20. Ninety (90) out of one hundred twenty -three (123) items purchased by the Township from the FFSP were located, or an explanation as to disposition /use was provided a. Thirty -three (33) items were Not Found or were used for personal purposes by the Respondent, his brother, or others not associated with the Township. Bechdel, 16 -016 Page 21. 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 Federal Acquisition Cost Service Char es Fair Market Value Travel ray er 1 19,3-15.00 2,995.00 4 582.19 DS reenmaster' 1 500.00 62.50 118.25 Stethoscope 1 42.03 7.50 9.94 DrinI stem 1 37.90 10.00 8.96 enerator 4,00 .00 97.50 946.00 Tricorn Hat 1 0 3.00 25.07 enerator 1 1 4,000.00 197.50 946.00 Desktop om uter 1 660.00 40.00 156.09 Push Mower 1 559.20 0.01 32.25 Gasoline Generator Set 1 2 610.00 175.00 6 f 7.27 _Q­ua-d Box 1 2.68 5.00 0.63 oor Tent 1 847.75 5.00 200.49 ervin art 1 100.00 .50 23.65 Gasoline Generator Set 1 250.00 212.50 59.13 DVD Player 1 20.00 17.50 4.73 Propane ace Heater 2 356.80 0.02 84.38 MattocK 1 2137 0.01 5.53 Shopping art 1 100.00 0.01 23.65 Medical Waste Basket 5 32.85 0.05 7.77 I-ar e Ammunition Chest 2 22.20 6.00 5.25 mall Ammunition Chest 1 3.88 1.50 0.92 Field Pack Frame 1 2 6728 3.00 5,9 eater Fan 1 492.69 45.00 116.52 Snowshoe 3 160.29 15.00 37.91 TOTAL $34,369.92 $4,011.10 8,128.49 a. Federal acquisition cost is $34,369.92. b. Service charge is $4,011.10. 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 CONVERTING SAME TO HIS OWN PERSONAL USE. 22. 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. Bechdel, 16-016 Pge 11 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. 23. As a Township Supervisor and ap�o licant on behalf of the Township to participate in the FSP program, Respondent Bechdel has knowledge of the FSP program's prohibition of purchases for non - government use. a. Even though he possessed this knowledge, Bechdel knowingly made purchases for the personal benefit of himself or his brother which were made in the name of the Township. FSP Travel Trailer purchase in 2012: 24. In early 2009, Respondent's brother, Bechdel, Sr., purchased a FEMA travel trailer through the FSP program and transferred same to his personal use. See, State Ethics Commission Order No. 1793. 25. 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: • Vehicle Identification Number (VIN): 5CH2OOR3591170116 • Certificate Number: 70112 -1148 108 • Year, Make, Model: 2009 TL Industries TT834 • Purchase Price: $19,375.00 • Date of Statement: June 22, 2011 26. On March 6, 2012, this FEMA travel trailer was purchased from the FSP by Bald Eagle Township Supervisor Bechdel, Sr. using the authority of his public position. a. FSP Invoice No. 603203 was signed by Township Supervisor 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 positon as a Township Supervisor. d. Bechdel, Sr. purchased the FEMA travel trailer with no intent of same ever being utilized by the Township. e. Respondent coordinated the purchase of the FEMA travel trailer with Bechdel, Sr. so that ultimately the trailer would be transferred to the Respondent for his personal use. Bechdel, 16 -016 age 27. The travel trailer purchased by Bechdel, Sr. via invoice no. 603203 was a 2009 TL Industries TT834 travel trailer. a. Respondent accompanied Bechdel, Sr. on or about March 6, 2012, the time the 2009 TL Industries TT834 travel trailer was purchased from FSP. b. 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. C. The Township had no need for the trailer, and Bechdel, Sr. did not seek Board approval to make the purchase. d. The trailer was purchased for the sole personal use of Respondent. e. Bechdel Sr. signed invoice no. 603203 as a Township representative, acknowledging receipt of this particular trailer on behalf of the Township. 28. 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. 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 list[s] the Township's municipal address: 12 Fairpoint Road, Mill Hall, PA 17751. b. The 2009 TL Industries TT834 travel trailer was never used for any Township business. C. The sale reason for the Township's purchase of the trailer by Bechdel, Sr. was to provide the trailer to his brother, Bechdel, the Respondent. 29. On November 12, 2013, ownership of the travel trailer purchased by the Township in 2012 was transferred from the of to Respondent 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. Respondent Bechdel waited nineteen (19) 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. 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. Bechdel, 16-016 aP..__g� 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 Bechdel. 30. The purported sale of the travel trailer to the Respondent, Bechdel, occurred absent an open and public process. a. Respondent had conspired with his brother and fellow Township Supervisor Bechdel Sr. to purchase the FSP FEMA travel trailer with the intent of never placing same into Township use, but rather to ultimately "sell" same from the Township to the Respondent following the expiration of the eighteen month FSP mandated use period. b. The "sale" of the travel trailer was purportedly for $500.00. C. The Township did not advertise the sale of the trailer, seek bids, make a record of the sale in the official Township meeting minutes, disclose all offers concerning the sale and/or allow an opportunity for the public to comment on the purported sale. 1. The transfer of the title of the 2009 TL Industries TT834 travel trailer from the Township to the Respondent was essentially a clandestine action, withheld from public view. 31. Title to the 2009 TL Industries TT834 travel trailer (VIN: 5CH200R3591170116) was transferred from the Township to Respondent, 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. 1. Respondent, 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. Respondent, Bechdel, paid $52.50 to The Kar Lot for Pen nDOT 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 Respondent Bechdel. 2. Margaret L. Johnson (transfer processor), Respondent Bechdel (purchaser), and Michelle L. Bennett (Township representative /seller) all signed this document on November 12, 2013. aa. Bennett was the former Township SecretarylTreasurer and now has the name Michelle L. Walizer. 32. The transfer of the 2009 TL Industries TT834 travel trailer (VIN: 5CH200R3591170116) occurred only as a result of a prearrangement between Bechdel, 16 -016 age Bechdel Sr. and Respondent at the time of purchase from FSP that Respondent would take possession of the trailer for his personal use. 33. The Township possesses no records of the sale of the 2009 TL Industries TT834 travel trailer (VIN: 5CH2OOR3591170116) to Respondent Bechdel. a. The Township has no record verifying any payment to the Township from Respondent Bechdel. 34. On July 22, 2016, the PennDOT vehicle database confirmed vehicular information related to the FEMA travel trailer that had been purchased by Respondent Bechdel from the Township. a. A "Vehicle Inquiry" is obtained from the PennDOT database by entering the trailer's VIN. The inquiry confirmed that the 2009 TL Industries TT834 travel trailer (VIN: 5CH2OOR3591170116) is owned by Respondent 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 Respondent 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 Respondent Bechdel. 35. 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 Michelle a izer (former Sec.ITr.) 597629 Travel Trailers 2 @ 18,000 3/9/2009 4/8/2009 4/15/2009 - Larry Eoute (former Road oreman Certification Card #2 Invoice # Specified Items Acquisition Cost Date Acquired Card Issue Date Date Placed Signatories Into Use 6032Z-3 Travel Trai ers 19,375.00 3/612012 A 3/712012 - ames Bec e Bechdel, 16 -016 ap6 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. 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. 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, Respondent 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. 36. Respondent Bechdel claimed in an interview with a Commission Investigator that he sold the trailer to an unknown third -part buyer, using the notary services of Bill's Happy Camper RV Sales and Service �-'BHC"), a recreational vehicle dealership located in Mill Hall, 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 Respondent concerning the transfer of the 2009 TL Industries TT834 travel trailer. b. Respondent Bechdel brought the FEMA 2009 TL Industries TT834 travel trailer to BHC in 2014 with the purported intent of selling it to a third -party buyer. 1. Miller visually witnessed the trailer in Bechdel's possession. 2. Respondent Bechdol brought the trailer to BHC on a Friday, at which time Miller was asked by 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 (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 Bechdel. 4. 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, 16 -016 a -_ge 6 37. The Pennsylvania Department of Transportation vehicle database confirms that the travel trailer transferred to Respondent Bechdel by the Township on November 1, 2013, is still registered to the Respondent, 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. 38. Between November 29, 2012, and January 29, 2014, four (4) separate gasoline /diesel powered electric generators from the FSP were purchased by Respondent and his brother, Bechdel, Sr. a. These four (4) generators are listed in the following invoices: #604553; #604899; #605316; and #606675. 1. Respondent Bechdel signed invoice #605316. aa. Bechdel, Sr. signed invoice #604899 and #606675. 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. 39. 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 he FSP of any resale and /or disposal of items originally purchased from the FSP. 1. No one from the Township, including Respondent Bechdel, had ever notified the FSP regarding the resale and /or disposal of any of the four generators. 40. 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 generators on Township property. 41. 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. THE FOLLOWING FINDINGS RELATE TO RESPONDENT FILING DEFICIENT STATEMENTS OF FINANCIAL INTERESTS WITH THE TOWNSHIP. Bechdel, 16 -016 al e 17 42. A Statement of Financial Interests ("SFI") compliance review was conducted for 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. 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. 43. 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. 44. Bechdel filed his SFI forms for the 2013, 2014, and 2015 calendar years with a signature date of August 12, 2016, on all forms. a. Bechdel's refiled SFI forms had the following deficiencies: 2013 SFI: Block 10 did not include his Township Supervisor income. 2. 2015 SFI: Block 6 was not completed and Block 10 did not include his Township Supervisor income. 45. Bechdel realized a private pecuniary benefit 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. III. DISCUSSION: As a Supervisor for Bald Eagle Township ( "Township "), Clinton County, Pennsylvania, since January 2010, Respondent Jack B. Bechdel, also referred to herein as "Respondent," "Respondent Bechdel," and "Bechdel," 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. The allegations are that Respondent Bechdel violated Sections 1103(a), 1103 f), 1104(a), 1104(d), 1105(b)(2), and 1105(b)(5) of the Ethics Act: (1) when he used t e authority of his public position for a private pecuniary benefit 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 orchestrated the purchase of a Federal Emergency Management Administration ( "FEMA ") travel trailerfrom the FSP and subsequently conveyed same to himself, from the Township, for a fee of $500.00, absent an open and public process; and (3) when he filed deficient for of Financial Interests ( °SFIs ") by failing to include the Township as a source of income forthe 2013 and 2015 calendar years, in addition to failing to identify an occupation or profession for the 2015 filing year. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: Bechdel, 16-016 a�' gee I § 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 immediate family, or a business with which he or a member of his immediate family is associated. Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting: § 1103. Restricted activities (f) Contract. --No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or .public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 Pa.C.S. § 1103(f). Bechdel, 16 -016 ap9 Section 1103(f) of the Ethics Act provides in part that no public official /public employee or his spouse or child or business with which the public official /public employee or his spouse or child is associated may enter into a contract with his governmental body valued at five hundred dollars or more or any subcontract valued at five hundred dollars or more with any person who has been awarded a contract with the governmental body with which the public official /public employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. Section 1104(a) of the Ethics Act provides that each public official /public employee must file an SFI 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 an SFI 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 SFI form must provide. Section 1105(b)(2) of the Ethics Act requires the filer to disclose on the SFI 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 SFI 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. The Township Board of Supervisors ( "Board of Supervisors ") consists of three Members. Respondent Bechdel has served as a Township Supervisor since January 2010 and as the Vice - Chairman of the Board of Supervisors since August 2014. Respondent's brother, James H. Bechdel, Sr. (also referred to herein as "Bechdel, Sr. "), has been a Member of the Board of Supervisors since 1983. 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 governinq 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 to as the "donee") or carryin 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 property shall be placed in use for the purpose(s) for which acquired within one year of receipt unless otherwise specified by FSP and /or DGS 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 Bechdel, 16 -016 a�2 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 manufacturelobtain 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 21 c, 21 c(1). Respondent has been authorized to make purchases from the FSP on behalf of the Township since taking office as a Supervisor m 2010. As a Township Supervisor, Respondent purchased items from the FSP for the personal use /benefit of himself or his brother even though he knew that FSP policies /regulations prohibited such actions. Respondent, in his public position, approved the purchase 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. 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. On March 6, 2012, Bechdel, Sr. purchased this travel trailer - -a 2009 TL Industries TT834 FEMA travel trailer identified with Vehicle Identification Number ( "VIN ") 5CH200R3591 1 701 1 6- -from the FSP as a representative of the Township. 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 Bechdel, Sr. at the time of the purchase as a representative of the Township. 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. Respondent coordinated the purchase of the FEMA travel trailer with Bechdel, Sr. so that ultimately the trailer would be transferred to the Respondent for his personal use. The Township had no need for the trailer, and Bechdel, Sr. did not seek approval of the Board of Supervisors to make the purchase. This travel trailer was acquired by Bechdel, Sr. for the sole reason of rrovidingg same to his brother, Respondent Bechdel. This travel trailer was never utilized y the Townshi for any Township purposes. However, Bechdel, Sr. 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 Respondent. Bechdel, 16 -016 Page Respondent 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. Respondent had conspired with Bechdel, Sr. to purchase this trailer with the intent of never placing it into Township use, but rather to ultimately "sell" it from the Township to the Respondent following the expiration of the eighteen month FSP mandated use period. The transfer of the trailer to Respondent occurred only as a result of a prearrangement between Bechdel, Sr. and Respondent, at the time the trailer was purchased from FSP, that Respondent would take possession of the trailer for his personal use. The transfer of the travel trailer from the Township to Respondent was purportedly for the sale price of $500.00. The Township possesses no records of the purported sale. The Township has no record verifying any payment to the Township from Respondent. Additionally, the transaction occurred without an open and public process. The transfer of the title of the 2009 TL Industries TT834 travel trailer from the Township to the Respondent was essentially a clandestine action, withheld from public view. 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 Respondent. At the time title to the travel trailer was transferred from the Township to Respondent, 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 Respondent Bechdel signed it as the purchaser. In an interview with a Commission Investigator, Bechdel claimed that he sold the aforesaid travel trailer to an unknown third -party buyer, using the notary services of Bill's Happy Camper RV Sales and Service ( "BHC "), a recreational vehicle dealership located in Mill Hall, Pennsylvania. However, William Miller ( "Miller "), owner of BHC, signed an affidavit on October 13, 2016, indicating that no records exist of any notary services performed for Bechdel concerning the transfer of the 2009 TL Industries TT834 travel trailer. 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 Bechdel's possession and noted that the travel trailer was in excellent condition at that time. 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 Bechdel. As for other FSP purchases relevant to this case, between November 29, 2012, and January 29, 2014, four generators /generator sets ( "generators ") were purchased from the FSP by Respondent and Bechdel, Sr. as Township Supervisors. Bechdel, Sr. signed the FSP invoices for two of these generators, and Respondent 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 an these generators on Township property. No one from the Township, including Respondent Bechdel, 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 Bechdel, 16 -016 a-1 2 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. 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." Bechdel, Sr. signed ten of these invoices as an authorized Township purchaser. Respondent Bechdel signed one of these invoices as an authorized Township purchaser. The Township paid for all twelve FSP invoices with Township funds. Respondent voted to approve the payment of bill lists containing invoices from FSP purchases including items for his and his brother's personal use. 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 Bechdel, Sr. 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 Stipulated Findings provide that Respondent realized a private pecuniary benefit 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 45. 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. Respondent's SFI forms for calendar years 2013 and 2015 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 SFl for calendar year 2015. 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. As a Supervisor for Bald Eagle Township, Clinton County, Penns Ivania, Jack B. Bechdel violated Section 1103�a) of the Public Official and Employee 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 Federal Surplus Supply Property Program, which is of restricted access, and subsequently converted purchased items, including a FEMA Travel Trailer and electrical generator, to his personal use. b. Jack B. Bechdel violated Section[s] 1104(a)/1105(b)(2), (5) of the Ethics Act, 65 Bechdel, 16 -016 al; ge n Pa.C.S. §§ 1104(a)11105(b)(2), (5), when he filed untimely and deficient Sttatements of Financial Interests on which he failed to include the Township as a source of income for the 2013 and 2015 calendar years and failed to identify an occupation or profession for the 2015 calendar year. C. Jack B. Bechdel violated Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when he conveyed a Federal Emergency MManagement Administration (FEMA) travel trailer purchased from the Federal Surplus Supply Property Program to himself, through the Township, for a fee of $500.00 absent an open and public process. d. That no action will be undertaken pursuant [to] Section 1104(d) of the Public Official an Employee Ethics Act, 65 Pa.C.S. § 1104(d). 4. Bechdel agrees to make payment in the amount of $5,000.00 in settlement of this matter payable to Bald Eagle Township and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. a. Bechdel agrees to return the electrical generator in his possession, purchased from the Federal Surplus Program as identified above, to the Township; and to direct the Township to submit to the State Ethics Commission a receipt and verification of the return of said property, and that same was returned in good working order. 5. As part of this Agreement, Bechdel agrees that he will immediately resign his public office as a Supervisor for Bald Eagle Township, and will neither seek nor hold any position of public office in the Commonwealth of Pennsylvania, at any time, from the date of this agreement forward. 6. Bechdel agrees to file complete and accurate amended Statements of Financial Interests with Bald Eagle Township, through the Pennsylvania State Ethics Commission, for calendar years 2013 and 2015 within thirty (30) days of the issuance of the final adjudication in this matter. 7. Bechdel agrees to not accept any reimbursement, compensation or other payment from Bald Eagle Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Consent Agreement, at 2 -3. In considering the Consent Agreement, we agree with the parties that Respondent's actions resulted in violations of Section 1103(a) and Section 1103(f) of the Ethics Act. Bechdel, 16 -016 age 24 Respondent used the authority of his office as a Township Supervisor when he purchased items from the FSP for the personal use /benefit of himself or his brother. Respondent further used the authority of his public office when he approved the purchase of the personal items at the Township's expense by voting to approve payments and by signing, as an authorized Township signatory, all of the Township checks issued to pay for such items converted to the personal use of Respondent and /or his immediate family. The parties have stipulated that Respondent realized a private pecuniary benefit when he utilized the authority of his office as a Township Supervisor to make purchases from the FSP p roggram, 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 45. The items purchased from FSP that Respondent received for his own personal use included the FEMA 2009 TL Industries TT834 travel trailer purchased from the FSP in 2012 and an electrical generator. The travel trailer was purchased by Respondent's brother, Bechdel, Sr., as a Township Supervisor and authorized Township purchaser under the ruse that the trailer was to be utilized for official Township business. Respondent coordinated the purchase of the travel trailer with Bechdel, Sr. so that ultimately the trailer would be transferred to Respondent for his personal use. Respondent had conspired with Bechdel, Sr. to purchase this trailer with the intent of never placing it into Township use, but rather to ultimately "sell" it from the Township to the Respondent. This travel trailer was never utilized by the Township for any Township purposes. 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. On November 12, 2013, ownership of this travel trailer was transferred from the Township to Respondent following the expiration of the eighteen month FSP mandated use period. The transfer of the trailer to Respondent occurred only as a result of a prearrangement between Bechdel, Sr. and Respondent, at the time the trailer was purchased from FSP, that Respondent would take possession of the trailerfor his personal use. The transfer of the travel trailer from the Township to Respondent was purported)y for the sale price of $500.00. The Township possesses no records of the purported sale. The Township has no record verifying any payment to the Township from Respondent. Additionally, the transaction occurred withouf an open and public process. The transfer of the title of the travel trailer from the Township to the Respondent was essentially a clandestine action, withheld from public view. As for the four generators that Respondent and Bechdel, Sr. purchased from FSP between November 29, 2012, and January 29, 2014, in their capacities as Township Supervisors, Respondent used the authority of his public office when he signed the FSP invoice for one of the generators and signed Township checks paying for all of them. Respondent converted one of the generators to his personal use, and none of the generators were ever stored on Township property or used for Township purposes. No other Township official or employee could recall having seen any of these generators on Township property. 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. Based upon the Stipulated Findings and Consent Agreement of the parties, we hold that as a Township Supervisor, Respondent Bechdel 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 Bechdel, 16 -016 a subsequently converted purchased items, including a FEMA travel trailer and electrical generator, to his personal use. We further hold that Respondent Bechdel violated Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when he conveyed a FEMA travel trailer purchased from the FSP to himself, through the Township, for a fee of $500.00 absent an open and public process. As for the allegations involving Respondent's SFIs, we hold that Respondent Bechdel violated Sections 1104(a)/I 105(b)(2), (5) of the Ethics Act, 65 Pa.C.S. §§ 1104(a)11105(b)(2), (5), when he filed untimely andd deficient SFIs on which he failed to includde the Township as a source of income for the 2013 and 2015 calendar years and failed to identify an occupation or profession for the 2015 calendar year. Per the Consent Agreement of the parties, no action will be undertaken pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). As part of the Consent Agreement, Respondent Bechdel has agreed to make payment in the amount of $5,000.00 payable to Bald Eagle Township and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Bechdel has agreed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Bechdel has further agreed to return the electrical generator in his possession, purchased from the FSP as identified above, to the Township; and to direct the Township to submit to this Commission a receipt and verification of the return of said property, and that same was returned in good working order. Bechdel has agreed to file complete and accurate amended SFIs with the Township, through this Commission, for calendar years 2013 and 2015 within thirty (30) days of the issuance of the final adjudication in this matter. Finally, Bechdel has agreed that he will immediately resign his public office as a Township Supervisor and will neither seek nor hold any position of public office in the Commonwealth of Pennsylvania, at any time, from the date of the Consent Agreement (May 26, 2017) forward. 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. Per the Consent Agreement of the parties, Respondent Bechdel is directed to make payment in the amount of $5,000.00 payable to Bald Eagle Township and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Respondent Bechdel is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. Respondent Bechdel is ordered to return the electrical generator in his possession, purchased from the FSP as identified above, to the Township; and to direct the Township to submit to this Commission a receipt and verification of the return of said property, and that same was returned in good working order. To the extent he has not already done so, Respondent Bechdel is directed to file complete and accurate amended SFIs for the 2013 and 2015 calendar years with the Township, through this Commission, by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Bechdel, 16 -016 ap e M Finally, Respondent Bechdel is ordered to fulfill his agreement that he will immediately resign his public office as a Township Supervisor and will neither seek nor hold any position of public office in the Commonwealth of Pennsylvania, at any time, from the date of the Consent Agreement (May 26, 2017) forward. 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 Bald Eagle Township ( "Township "), Clinton County, Pennsylvania, since January 2010, Respondent .lack B. Bechdel ("Bechdel") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1 101 et seg. 2. Based upon the Stipulated Findings and Consent Agreement of the parties, as a Township Supervisor, Bechdel 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 Federal Surplus Supply Property Program ( "FSP "), which is of restricted access, and subsequently converted purchased items, including a Federal Emergency Management Administration ( "FEMA ") travel trailer and electrical generator, to his personal use. 3. Bechdel violated Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when he conveyed a FEMA travel trailer purchased from the FSP to himself, through the Township, for a fee of $500.00 absent an open and public process. 4. Bechdel violated Sections 1104(a)l1105(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 and 2015 calendar years and failed to identify an occupation or profession for the 2015 calendar year. 5. Per the Consent Agreement of the parties, no action will be undertaken pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). In Re: Jack B. Bechdel, File Docket: 16 -016 Respondent Date Decided: 7127117 Date Mailed: 7131117 ORDER NO. 1718 As a Supervisor for Bald Eagle Township ( "Township "), Clinton County, Pennsylvania, Jack B. Bechdel ( "Bechdel ") 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 make purchases from the Federal Surplus Supply Property Program ("FSP"), which is of restricted access, and subsequently converted purchased items, including a Federal Emergency Management Administration (FEMA) travel trailer and electrical generator, to his personal use. 2. Bechdel violated Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when he conveyed a FEMA travel trailer purchased from the FSP to himself, through the Township, for a fee of $500.00 absent an open and public process. 3. Bechdel violated Sections 1104(a)/1105(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 and 2015 calendar years and failed to identify an occupation or profession for the 2015 calendar year. 4. Per the Consent Agreement of the parties, no action will be undertaken pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). 5. Per the Consent Agreement of the parties, Bechdel is directed to make payment in the amount of $5,000.00 payable to Bald Eagle Township and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 6. Bechdel is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. Bechdel is ordered to return the electrical generator in his possession, purchased from the FSP as identified herein, to the Township; and to direct the Township to submit to the Pennsylvania State Ethics Commission a receipt and verification of the return of said property, and that same was returned in good working order. 8. To the extent he has not already done so, Bechdel is directed to file complete and accurate amended Statements of Financial Interests for the 2013 and 2015 calendar years with the Township, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30th) day after the mailing date of this Order. 9. Bechdel is ordered to fulfill his agreement that he will immediately resign his public office as a Township Supervisor and will neither seek nor hold any position of public Sechdel, 16 -016 Page office in the Commonwealth of Pennsylvania, at any time, from the date of the parties' Consent Agreement (May 26, 2017) forward. 10. Compliance with paragraphs 5, 6, 7, 8, and 9 of this Order will result in the closing of this case with no further action by this Commission. a. Noncompliance will result in the institution of an order enforcement action. BY THE COMMISSION, s Nicholas A. Colafella, Chair /