HomeMy WebLinkAbout1720 Allen. t
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STATE E E H I sS COMMISSION
309 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Dennis Allen, File Docket: 16 -022
Respondent X -ref: Order No. 1720
Date Decided: 9127117
Date Mailed: 1013117
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Maria Feeley
Melanie DePalma
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et sew�., by the above -named Respondent. At the
th
commencement of its investigation, e Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified as
an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement were
subsequently submitted by the parties to the Commission for consideration. The Stipulated
Findings are set forth as the Findings in this Order. The Consent Agreement has been
approved.
I. ALLEGATIONS:
That Dennis Allen, a public official /public employee in his capacity as a Supervisor
for Monroe Township, Bradford County, violated [Section 1103(a)] of the State Ethics Act
(Act 93 of 1998) by utilizing the authority of his public office to engage in a conflict of
interest, resulting in a pecuniary benefit to a member of his immediate family, namely his
son, Derrick Allen, to wit:
• On or about January 4, 2016, Dennis Allen participated in discussions and
actions of the Monroe Township Board of Supervisors, including voting and
seconding a motion to increase the hourly wage /compensation of his son
and immediate family member, Derrick Allen;
• On or about January 4, 2016, Dennis Allen participated in discussions and
official actions of the Monroe Township Board of Supervisors, including
voting to reappoint his son and immediate family member, Derrick Allen, as
an employee of the Township; and
• Dennis Allen participated in actions of the Monroe Township Board of
Supervisors to approve payments to his son, Derrick Allen, including voting
to approve payroll and signing checks issued to his son, Derrick Allen.
H. FINDINGS:
Dennis H. Allen ( "Allen ") has served as a Monroe Township Supervisor
( "Supervisor ") since January 2002.
P.O. BOX 1 1470, HARRISBURG, PA 17108 -1470 8 717 - 783 -1610 • 1 -800- 932 -0936 ® www.ethics.state.pa.us
Allen, 16 -022
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2. Monroe Township (hereafter, "Township "), Bradford County, Pennsylvania, is a
Township of the Second Class ( opulation less than 5,000) governed by a three (3)
Member Board of Supervisors "Board ").
3. Since January 2014, the Board has consisted of the following individuals other than
Allen:
a. Vernon I. Perry, III ( "Perry")
1. Perry is currently the Board Chairman.
2. Perry is in his first term as a Supervisor and started his term in
January 2014.
3. Perry is currently an active member of the United States Army
Reserves.
b. David G. Dunn ( "Dunn ")
1. Dunn is currently in his second term as a Supervisor and started his
service in [this term in] January 2012.
2. Dunn had previously served as a Supervisor from January 1986 to
January 1992.
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 reorganizational meeting, Township public officials are
appointed and/or reappointed to their respective officer positions.
2. Township public employee positions are also appointed and /or
reappointed by a vote of the three (3) Supervisors.
b. In addition to regularly scheduled meetings, the Township holds special
meetings as necessary.
5. Upon review of Township meeting minutes, once a motion is made and seconded
there is no vote taken on the motion.
a. The Board considers a motion and second as affirmative votes on a matter.
b. Any abstentions or objections made during the vote are specifically noted in
the meeting minutes.
C. Minutes of each meeting are approved at the subsequent meeting.
6. At the reorganizational meeting, the Board sets compensation for Township
employees, including any pay increases.
a. Compensation for Township employees who are Supervisors, also known as
"working Supervisors," is to be set by the Township Board of Auditors.
Allen, 16 -022
Ra—g- e 3
b. Although working Supervisors' compensation is to be set by the Township
Board of Auditors, Supervisors have historically set a working wage for
Supervisors.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT ALLEN
PARTICIPATED IN DISCUSSIONS AND ACTIONS OF THE BOARD RESULTING IN A
PECUNIARY BENEFIT TO HIS SON AND IMMEDIATE FAMILY MEMBER.
2014 Reorganizational Meeting;
7. The Township held a reorganizational meeting on January 6, 2014, during which
employees were reappointed.
a. Township officials /employees present at this meeting included Supervisors
Allen, Perry, and Dunn, as well as Road Foreman Wayne Lantz and then -
Township Secretary/Treasurer ( "Secretary/Treasurer ") Julie Jennings
( "Jennings ").
b. Per motioned to appoint Derrick V. Allen ( "Derrick Allen ") as Road Laborer,
to which Dunn seconded the motion.
1. Derrick Allen is the son, and an immediate family member, of Allen.
2. There is no record of a vote taken as to the appointment of Derrick
Allen.
C. Perry motioned during this meeting to give the Road Laborer position a $0.75
per hour pay increase. Prior to a second to Perry's motion, Dunn voted "no."
1. Allen then abstained due to Derrick Allen's status as his son.
2. SecretarylTreasurer Jennings was asked by Perry to check with then -
Township Solicitor Richard Wilson about the possibility of Allen
casting a tiebreaker vote.
3. The matter was then tabled.
8. At the February 11, 2014, regular meeting of the Board, the following action
occurred regarding a pay increase for Derrick Allen, the Township Road Laborer.
a. Minutes reflect that Perry made a motion to e the Road Laborer position a
$0.75 per hour raise, which was seconded A llen.
Dunn voted no.
2. There were no recorded votes for either Perry or Allen.
3. Minutes note that the motion passed and the Road Laborer is to start
the new pay wage at the next pay period.
9. Prior to the February 11, 2014, meeting, Perry shared with the other Supervisors
that he, Perry,, had contacted the Pennsylvania State Association of Township
Supervisors (`PSATS' and was informed that a Supervisor could vote as to
wagelcompen,,. - . off a family member, so long as the vote pertained to the
"position" rather than the "individual."
a. Based on the information Perry provided from PSATS, Allen seconded the
motion to increase the compensation of the "Road Laborer position."
Allen, 16 -022
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10. At the time Allen used the authority of his public office by seconding the motion to
approve an increase in compensation for the Road Laborer position, he knew that
his son, an immediate family member, was the only individual to be affected by the
vote /increase.
a. Allen's actions resulted in a pecuniary benefit to his son.
2015 Reorganizational Meeting:
11. At the Township reorganizational meeting held on January 5, 2015, the following
Township officials /employees were present: Supervisors Allen and Dunn, as well as
Road Foreman Lantz and current SecretarylTreasurer Tia Schoonover
( "Schoonover ").
a. Schoonover was appointed as Secretary/Treasurer in April 2014 upon the
resignation of Jennings.
Perry was absent from this meeting due to his military obligations with
the United States Army Reserves.
b. Dunn motioned to appoint Derrick Allen as Road Laborer.
Schoonover was recorded as seconding the motion even though she
was not a Member of the Board and therefore ineligible to vote.
2. Schoonover stated to a Commission investigator that Dunn directed
her to second the motion, since Allen could not do so due to a conflict
of interest.
C. There was no official vote to set compensation for the Road Laborer position.
Allen and Dunn had agreed that if a pay increase would be authorized
for the Road Laborer position at the next meeting, any pay increase
would be effective retroactively to January 5, 2015.
12. The Township held a special meeting on January 13, 2015, primarily for the purpose
of setting the Road Laborer compensation.
a. Township officials attending the meeting included Supervisors Allen, Perry,
and Dunn, as well as Secretary/Treasurer Schoonover.
b. The following discussion occurred at the January 13, 2015, meeting:
The Road Laborer pay needs to be discussed. David Dunn
said we should give Road Laborer five percent cost of living
raise. Vernon Perry discussed how he wants to set a pay
scale. David Dunn made motion to give Road Laborer a fifty
cent raise, Vernon Perry asked why he changed it from five
percent to fifty cents. Vernon stated the he wants to get with
other townships on the pay. Dennis Allen wanted to make it
clear that the road Laborer was also an equipment operator.
Vernon discussed the difference on a Road Foreman and
Road laborer. Vernon also stated that if we aren't paying an
adequate wage they can leave. Vernon Perry made motion to
give the Road Laborer a dollar an hour raise also. Dennis
Allen seconded the motion.
Allen, 16 -022
5
C. Perry motioned to give the Road Laborer position a $1.00 per hour pay
increase, to which Allen seconded.
d. There was never an official vote of the Board to ratify Perry's motion to grant
the $1.00 per hour pay increase.
e. Based on the motion by Perry and the second by Allen, Derrick Allen
received a $1.00 per hour pay increase for 2015.
13. By taking official action to second a pending motion before the Board, when no
subsequent vote was taken as to the motion, Allen utilized the authority of his office.
a. At the time Allen acted to second the motion to approve an increase in
compensation for the Road Laborer position, he knew that his son, and
immediate family member, was the only individual to be affected by the
vote /increase.
b. Allen's actions resulted in a pecuniary benefit to his son.
C. Perry motioned to give the Road Laborer position a $1.00 per hour pay
increase, to which Allen seconded.
d. There was never an official vote of the Board to ratify Perry's motion to grant
the $1.00 per hour pay increase.
The Board considered the motion and second as affirmative votes.
e. Derrick Allen received a $1.00 per hour pay increase for 2015 as a result of
his father's participation in the discussion and seconding of the motion.
14. Perry and Schoonover both asserted to an investigator for the Commission that they
had contacted PSATS and were informed that a Supervisor could vote as to
wage /compensation of a family member, so long as the vote pertained to the
"position" rather than the "individual."
15. Allen's use of office to second the pay increase was the subject of preliminary
inquiry 15 -021: Allen.
a. Upon conclusion of prelimina in uiry 15 -021, it was determined that Allen's
action of initially abstaining at7he January 5, 2015, reorganizational meeting,
and then waiting. cast his vote until a tie vote had occurred at a
subsequent meeting, was an attempt to comply with Section 11030) of the
Ethics Act (65 Pa.C.S. § 1103 (j)).
2016 Reorganizational Meeting:
16. The reorganizational meeting for the Township was held on January 4, 2016, with
Supervisors Allen, Perry, and Dunn in attendance, as well as Road Foreman Lantz
and Secretary/Treasurer Schoonover.
a. At this reorganizational meeting, Perry motioned to appoint Derrick Allen as
Road Laborer, to which Dunn seconded.
There was no formal vote of the Board recorded to approve the
motion.
b. Perry then motioned to approve an hourly pay increase for the Road Laborer
position of $0.75 per hour.
Allen, 16 -622
6
Allen seconded the motion, to which Dunn "said no."
2. Although there was no recorded vote of approval, the motion by Perry
and second by Allen increased the Road Laborer's pay rate from
$17.25 per hour to $18.00 per hour for calendar year 2016.
3. At the time of Allen's actions to increase the Road Laborer's hourly
rate, his son was the Township's sole Road Laborer.
C. Allen did not initially abstain from participation to increase compensation for
a member of his immediate family, namely his son.
d. By utilizing the authority of his public office as a Supervisor to second a
motion of the Board, when no subsequent vote was taken as to the motion,
Allen effectuated a financial gain for a member of his immediate family.
2017 Reoraanizational Meetina:
17. The Township held its reorganizational meeting on January 3, 2017, with attendees
including Supervisors Allen, Perry, and Dunn, as well as Secretary/Treasurer
Schoonover.
a. During the meeting, Perry motioned to reappoint Derrick Allen as Road
Laborer, to which Dunn seconded.
Allen abstained from voting.
b. Dunn then motioned to give the Road Laborer position a $0.50 per hour pay
increase to $18.50 per hour, to which Perry seconded.
Allen abstained from voting.
Increased Compensation:
18. Between January 10, 2016, and December 31, 2016, Road Laborer Derrick Allen
was issued twenty -six (26) Township employee payroll checks at the pay rate of
$18.00 per hour, an increase of $0.75 per hour, as a result of the actions taken by
the Board at the January 4, 2016, Township reorganizational meeting.
a. Allen seconded the motion to approve the pay increase.
b. The first pay period in which the pay rate of $18.00 per hour took effect was
December 26, 2015, through January 8, 2016.
1. The increased pay rate of $18.00 per hour was applied to the second
week of the above - mentioned pay period, which was January 2, 2016,
through January 8, 2016,
19. Derrick Allen realized a pecuniary benefit as a result of Allen utilizing the authority of
his office to second (vote in favor of) a motion to increase the compensation of the
Road Laborer by $0.75 an hour, at a time when the Township's only Road Laborer
was Allen's son, and member of his immediate family.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT ALLEN
PARTICIPATED IN ACTIONS OF THE BOARD TO APPROVE PAYMENTS TO HIS SON,
DERRICK ALLEN, INCLUDING VOTING TO APPROVE PAYROLL AND SIGNING
CHECKS ISSUED TO HIS SON.
Allen, 16 -022
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22.
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I
Prior to meetings, Supervisors receive a meeting packet that 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.
1. One of the expenses is itemized as "employee payroll."
The vote taken at each legislative meeting to approve the bills includes the approval
of employee payroll.
a. The register of bills maintained by the Township identifies all payments due,
including Township payroll, which is to be approved for payment at each
meeting.
Signature authority over Township accounts is maintained by all three (3)
Supervisors and the Secretary/Treasurer.
a. Township - issued checks require the signatures of at least two (2) of the four
(4) above - mentioned authorized signatories.
b. Signatures on Township checks must be live signatures; facsimile stamps
are not used.
The Township utilizes a timecard system for its employees.
a. There are three (3) Township employee positions: Road Foreman, Road
Laborer, and Secretary/Treasurer.
b. The Road Foreman and Road Laborer are to submit their timecards to the
Secretary/Treasurer on the last day of each pay period, for review and
approval.
1. The Township's pay period is biweekly, beginning on a Saturday and
ending on a Friday.
aa. For example, a pay period beginning on Saturday, October 15,
2016, would end on Friday, October 28, 2016.
C. There are two (2) separate timecards for each Township pay period.
1. Each timecard consists of a seven (7) day cycle starting on Saturday
and ending on Friday.
2. Each timecard includes a graph which lists the hours worked by each
employee under certain categories of work.
The following chart lists the ten (10) work categories included on the Township road
crew employees' timecards:
432.12 Snow Removal
4 .12 Maintenance/Repair Roads KBridges
493.03
433.2 Roa gns
409.12 Township Building
406.12Training
400.2 Meeting
409.3 Garage
7. 12 Too s & Machine Re air
4 acation
Allen, 16 -022
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25. The Secretary/Treasurer reviews the timecards of the Road Foreman and Road
Laborer for payroll purposes, and provides one (1) of two (2) required approval
signatures.
a. Although all three (3) Supervisors may approve Township employee
timecards, at least one (1) Supervisor must provide a signature to authorize
payment, in addition to the Secretary/Treasurer.
b. The Secretary/Treasurer's timecards are submitted directly to the
Supervisors for review and must be approved and signed by at least two (2)
Supervisors.
C. Each timecard includes a block titled Secretary Double Check, noting that
the total claimed work hours were verified by the Secretary/Treasurer.
d. At the bottom of each timecard is an area with "in" and "out" columns, which
are used by the employee to obtain a time stamp from the Township's
employee timeclock.
1. When each employee places this portion of his/her timecard into the
employee timeclock, the timecard is stamped with the time and date.
26. The Township employees are paid by check from the Township General Fund
account.
a. The Township General Fund account is held under a Pennsylvania Local
Government Investment Trust (PLGIT) account maintained at Wells Fargo
Bank.
b. Each employee payroll check is issued by the Secretary/Treasurer after at
least two (2) individuals have signed the check.
C. On each of the Township General Fund account checks is a memorandum
area in which a brief description of the purpose of the check may be
included.
1. The checks issued to Township employees for employee payroll
purposes include the payroll period in the memorandum area.
27. Derrick Allen submitted thirty -four (34) timecards for the period from January 2016
through December 2016.
a. The first timecard pertained to the first week of the pay period of December
26, 2015, through January 8, 2016, in which Derrick Allen was still receiving
his previous 2015 pay rate of $17.25 per hour.
b. The remaining timecards submitted by Derrick Allen to Secretary/Treasurer
Schoonover were for workweeks in which he was receiving the increased pay
rate of $18.00 per hour.
1. Allen participated in the Board decision resulting in this increase.
C. In his capacity as a Supervisor, Allen signed thirty -three (33) of the timecards
submitted by his son, Derrick Allen, for the workweeks in which Derrick Allen
was compensated at $18.00 per hour.
28. In his capacity as a Supervisor, Allen signed sixteen (16) Township employee
payroll checks issued to his son, Derrick Allen, at the pay rate of $18.00 per hour.
Allen, 16 -022
9
29. Allen, in his capacity as a Supervisor, utilized the authority of his public office,
resulting in a pecuniary benefit to a member of his immediate family, namely his
son, Derrick Allen.
a. Allen participated in discussions and actions of the Board, including
seconding a motion to increase the hourly wage/compensation of his son
and immediate family member, Derrick Allen, on January 4, 2016, when no
subsequent vote was taken as to the motion.
b. Allen participated in actions of the Board to approve payments to his son,
Derrick Allen, including voting to approve payroll and signing checks issued
to his son, Derrick Allen.
C. Derrick Allen realized a pecuniary benefit as a result of Allen utilizing the
authority of his office to second (vote in favor of) a motion to ... increase the
compensation of the Road Laborer by $0.75 an hour.
III. DISCUSSION:
As a Supervisor for Monroe Township ( "Township "), Bradford County, since January
2002, Respondent Dennis Allen, also referred to herein as "Respondent," Respondent
Allen," and "Allen," has been a public official subject to the provisions of the Public Official
and Employee Ethics Act ( "Ethics Act "), 65 PaTS. § 1101 et se g.
The allegations are that Allen violated Section 1103(a) of the Ethics Act by utilizing
the authority of his public office to engage in a conflict of interest, resulting in a pecuniary
benefit to a member of his immediate family, namely his son, Derrick Allen, to wit:
On or about January 4, 2016, Allen participated in discussions and actions of
the Township Board of Supervisors, including voting and seconding a motion
to increase the hourly wage/compensation of his son and immediate family
member, Derrick Allen,
• On or about January 4, 2016, Allen participated in discussions and official
actions of the Township Board of Supervisors, including voting to reappoint
his son and immediate family member, Derrick Allen, as an employee of the
Township, and
• Allen participated inactions of the Township Board of Supervisors to approve
payments to his son, Derrick Allen, including voting to approve payroll and
signing checks issued to his son, Derrick Allen.
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. —No public official or public
employee shall engage in conduct that constitutes a conflict of
interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
Allen, 16 -022
gage 10
"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 11030) of the Ethics Act, pertaining to voting conflicts, provides as follows;
§ 1103. Restricted activities
(j) Voting conflict.- -Where voting conflicts are not
otherwise addressed by the Constitution of Pennsylvania or by
any law, rule, regulation, order or ordinance, the following
procedure shall be employed. Any public official or public
employee who in the discharge of his official duties would be
required to vote on a matter that would result in a conflict of
interest shall abstain from voting and, prior to the vote being
taken, publicly announce and disclose the nature of his interest
as a public record in a written memorandum filed with the
person responsible for recording the minutes of the meeting at
which the vote is taken, provided that whenever a governing
body would be unable to take any action on a matter before it
because the number of members of the body required to
abstain from voting under the provisions of this section makes
the majority or other legally required vote of approval
unattainable, then such members shall be permitted to vote if
disclosures are made as otherwise provided herein. In the
case of a three - member governing body of a political
subdivision, where one member has abstained from voting as
a result of a conflict of interest and the remaining two members
of the governing body have cast opposing votes, the member
who has abstained shall be permitted to vote to break the tie
vote if disclosure is made as otherwise provided herein.
65 Pa.C.S. § 11030).
In Garner, Opinion 93 -004, this Commission concluded that Section 11030) of the
Ethics Act would allow a member of a three -- member board with a conflict to second a
motion where the two remaining board members would have opposing views or where one
of the other two board members would be absent. Allowing the board member with a
conflict to second the motion under such circumstances would put the matter in a posture
fora vote. In order to confirm whether a second will not be forthcoming, the board member
AI[en, 16 -022
gage 11
with a conflict could clarify such by requesting that the lack of a second be documented in
the meeting minutes. As long as the board member with a conflict would initially: 1)
abstain from the vote; and (2) fully satisfy the disclosure requirements of Section 1103 '),
the board member wit�confli would then be permitted to vote to break the tie if the
other two board members would cast opposing votes. Garner, supra.
As noted above, the parties have submitted a Consent Agreement and Stipulation of
Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts contained. (We parenthetically
note that although the Stipulated Findings include information as to Allen's conduct as a
Supervisor in 2014 and 2015 with regard to matters pertaining to his son's employment
with the Township, such conduct is not encompassed within the allegations in the instant
matter.)
The Township is governed by a three - Member Board of Su ervisors ( "Board ").
Allen has served as a Supervisor since January 2002. David G. Dunn "Dunn ") and Vernon
I. Perry, III ( "Perry") have served as the other two Supervisors during t e time period since
January 2014.
At Board meetings, once a motion is made and seconded there is no vote taken on
the motion. The Board considers a motion and a second as affirmative votes on a matter.
The Board holds one regularly scheduled legislative meeting per month. The first
Board meeting of each calendar year is the reorganizational meeting, at which the Board
appoints or reappoints individuals to Township employee positions and sets the
compensation, including any pay increases, for Township employees. The Township
employee positions include that of Road Laborer.
The Township utilizes a timecard system for its employees. The Road Laborer
submits his or her timecards to the Township Secretary/Treasurer on the last day of each
Fay period for review and approval. The Township Secretary/Treasurer reviews the
timecards of the Road Laborer for payroll purposes and provides one of two required
approval signatures. Any of the three Supervisors may provide the other required approval
signature for the timecards of the Road Laborer.
Township employees are paid on a biweekly basis. The Township employee payroll
is approved by the Supervisors at each regular meeting of the Board as part of the vote to
approve the Township bills.
Signature authority over Township accounts is maintained by all three Supervisors
and the Township Secretary/Treasurer. Township_ issued checks require the live
signatures of at least two of the four authorized signatories.
At the January 6, 2014, reorganizational meeting of the Board, Perry motioned to
appoint Derrick V. Allen ( "Derrick Allen "), who is Allen's son, as Road Laborer. Dunn
seconded the motion. At the January 5, 2015, reorganizational meeting of the Board, Allen
abstained when Dunn made a motion to appoint Derrick Allen as Road Laborer.
During the reorganizational meeting of the Board on January 4, 2016, Perry
motioned, and Dunn seconded, to appoint Derrick Allen as Road Laborer. No formal
Board vote to approve the motion was recorded. Perry then made a motion to approve a
pay increase of $0.75 per hour for the Road Laborer position. Allen seconded the motion,
to which Dunn "said no." Although no subsequent vote was taken to approve Perry's
motion, the motion and Allen's second of the motion increased the Road Laborer's pay rate
from $17.25 per hour to $18.00 per hour for calendar year 2016. At the time of Allen's
actions to increase the Road Laborer's hourly pay rate, Derrick Allen was the Township's
sole Road Laborer.
Allen, 16 -022
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During the time period from January 2016 through December 2016, Derrick Allen
submitted thirty -three timecards to the Township Secretary/Treasurer for workweeks in
which he was receiving the increased pay rate of $18.00 per hour. Allen signed each of
the thirty -three timecards submitted by his son during that time period. Allen signed, as an
authorized signatory, sixteen of twenty -six Township payroll checks that were issued to
Derrick Allen at the increased pay rate of $18.00 per hour during that time period. The
Farties have stipulated that Allen participated in actions of the Board to approve payments
o Derrick Allen, including voting to approve payroll.
At the January 3, 2017, reorganizational meeting of the Board, Perry made a motion
to reappoint Derrick Allen as Road Laborer. Dunn seconded Perry's motion. Dunn then
made a motion to give the Road Laborer position a pay increase of $0.50 per hour. Perry
seconded Dunn's motion. Allen abstained from voting on either motion.
Having highlighted the Stipulated Findings and issues before us, we shall now apply
the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
3. The Investigative Division will recommend the following in
relation to the above allegations:
a. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Allen
participating in discussions and actions of the
Monroe Township Board of Supervisors,
[including] voting and seconding a motion (when
no subsequent vote was taken as to the motion)
to increase the hourly wage /compensation of his
son and immediate family member, Derrick
Allen, as an employee of the Township.
b. That a violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Allen
participating in actions of the Monroe Township
Board of Supervisors to approve payments to his
son, Derrick Allen, including voting to approve
payroll and signing checks issued to his son,
Derrick Allen.
C. That no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(a), occurred in relation to Allen
participating in discussions and actions of the
Monroe Township Board of Supervisors,
[including] voting to reappoint his son and
immediate family member, Derrick Allen, as an
employee of the Township, in that Respondent,
Dennis Alien did not participate in any vote to
appoint/reappoint Derrick Allen.
Allen agrees to make payment in the amount of $250.00 in
settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to the Pennsylvania State Ethics
Allen, 16-022
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Commission within thirty (30) days of the issuance of the final
adjudication in this matter.
Allen agrees to not accept any reimbursement, compensation
or other payment from Monroe Township representing a full or
partial reimbursement of the amount paid in settlement of this
matter.
6. The Investigative Division will recommend that the State Ethics
Commission take no further action in this matter; and make no
specific recommendations to any law enforcement or other
authority to take action in this matter. Such, however, does not
prohibit the Commission from initiating appropriate
enforcement actions in the event of Respondent's failure to
comply with this agreement or the Commission's order or
cooperating with any other authority who may so choose to
review this matter further.
Consent A reement, at 2.
In considering the Consent Agreement, we accept the parties' recommendations for
findings that: (1) a violation of Section 1103(a) of the Ethics Act occurred in relation to Allen
participating in discussions and actions of the Board, including voting and seconding a
motion (when no subsequent vote was taken as to the motion) to increase the hourly
wagelcompensation of his son Derrick Allen, as an employee of the Township; and (2).a
violation of Section 1103(a) of the Ethics Act occurred in relation to Allen participating in
actions of the Board to approve payments to his son, Derrick Allen, including voting to
approve payroll and signing checks issued to his son, Derrick Allen.
In January of each year from 2014 through 2017, Derrick Allen was appointed or
reappointed to the Township employee position of Road Laborer. At the reorganizational
meeting of the Board on January 4, 2016, Allen seconded a motion to approve a pay
increase of $0.75 per hour for the Road Laborer position. Although no subsequent vote
was taken to approve the motion, the motion and Allen's second of the motion increased
the Road Laborer's pay rate from $17.25 per hour to $18.00 per hour for calendar year
2016. At the time of Allen's actions to increase the Road Laborer's hourly pay rate, Derrick
Allen was the Township's sole Road Laborer.
Allen signed thirty -three timecards that Derrick Allen submitted to the Township
Secretary/Treasurer during the time period from January 2016 through December 2016 for
workweeks in which Derrick Allen was receiving the increased pay rate of $18.00 per hour.
Allen signed sixteen of twenty -six Township payroll checks that were issued to Derrick
Allen at the increased pay rate of $18.00 per hour between January 10, 2016, and
December 31, 2016. The parties have stipulated that Allen participated in actions of the
Board to approve payments to Derrick Allen, including voting to approve payroll. Although
the Stipulated Findings do not quantify the private pecuniary benefit realized by Derrick
Allen as a result of Allen's participation in matters involving Derrick Allen's compensation
as the Road Laborer, based upon the Consent Agreement, it appears that the parties are
in agreement that such private pecuniary benefit was greater than de minimis.
Based upon the Stipulated Findings and the Consent Agreement, we hold that Allen
violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his
participating in discussions and actions of the Board, including voting and seconding a
motion (when no subsequent vote was taken as to the motion) to increase the hourly
wage /compensation of his son and immediate family member, Derrick Allen, as an
employee of the Township. We further hold that a violation of Section 1103(a) of the
Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Allen participating inactions of the
Allen, 16 -022
Page 14
Board to approve payments to his son, Derrick Alien, including voting to approve payroll
and signing checks issued to his son, Derrick Allen.
We agree with the parties, and we hold, that no violation of Section 1103(a) of the
Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to the allegation that Allen
participated in discussions and actions of the Board, including voting to reappoint his son
and immediate family member, Derrick Allen, as an employee of the Township, in that
Allen did not participate in any vote to appoint/reappoint Derrick Allen.
As part of the Consent Agreement, Allen has agreed to make payment in the
amount of $250.00 payable to the Commonwealth of Pennsylvania and forwarded to this
Commission within thirty. days of the issuance of the final adjudication in this matter.
Allen has further agree 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.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Allen is directed to make
payment in the amount of $250.00 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 adjudication and Order.
Per the Consent Agreement of the parties, Allen is further directed to not accept any
reimbursement, compensation or other payment from the Township representing a full or
partial reimbursement of the amount paid in settlement of this matter.
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 Monroe Township ( "Township "), Bradford County, since January
2002, Respondent Dennis Allen ( "Allen" ) 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 seg.
2. Allen violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to
his participating in discussions and actions of the Monroe Township Board of
Supervisors, including voting and seconding a motion (when no subsequent vote
was taken as to the motion) to increase the hourly wage /compensation of his son
and immediate family member, Derrick Allen, as an employee of the Township.
3. A violation of Section 1103(x) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Allen participating in actions of the Monroe Township Board of
Supervisors to approve payments to his son, Derrick Allen, including voting to
approve payroll and signing checks issued to his son, Derrick Allen.
4. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to the allegation that Allen participated in discussions and actions of the
Monroe Township Board of Supervisors, including voting to reappoint his son and
immediate family member, Derrick Allen, as an employee of the Township, in that
Allen did not participate in any vote to appoint/reappoint Derrick Allen.
In Re: Dennis Allen, File Docket: 16 -022
Respondent Date Decided: 9127117
Date Mailed: 1013117
ORDER NO. 1720
As a Supervisor for Monroe Township ( "Township "), Bradford County, Dennis Allen
( "Allen ") violated Section 1'103(a) of the Public Official and Employee Ethics Act
"Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to his participating in discussions
and actions of the Monroe Township Board of Supervisors, including voting and
seconding a motion (when no subsequent vote was taken as to the motion) to
increase the hourly wage /compensation of his son and immediate family member,
Derrick Allen, as an employee of the Township.
2. A violation of Section 11 03(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Allen participating in actions of the Monroe Township Board of
Supervisors to approve payments to his son, Derrick Allen, including voting to
approve payroll and signing checks issued to his son, Derrick Allen.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to the allegation that Allen participated in discussions and actions of the
Monroe Township Board of Supervisors, including voting to reappoint his son and
immediate family member, Derrick Allen, as an employee of the Township, in that
Allen did not participate in any vote to appoint/reappoint Derrick Allen.
4. Per the Consent Agreement of the parties, Allen is directed to make payment in the
amount of $250.00 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.
5. Per the Consent Agreement of the parties, Allen is further directed to not accept any
reimbursement, compensation or other payment from the Township representing a
full or partial reimbursement of the amount paid in settlement of this matter.
6. Compliance with paragraphs 4 and 5 of this Order will result in the closing of this
case with no further action by this Commission.
Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
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