Loading...
HomeMy WebLinkAbout1725 HoyPHONE: 717 -783 -1610 TOLL FREE: 1 -800- 932 -0936 In Re: Brian J. Hoy, Respondent STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120 -0400 File Docket: X -ref: Date Decided Date Mailed: FACSIMILE: 717- 787 -0806 WEBSITE: www.ethics.pa.gov 16 -031 Order No. 1725 11/28/17 12/5/17 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Maria Feeley Melanie DePalma Monique Myatt Galloway Michael A. Schwartz This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. §'1101 et seq., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." 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 Brian Hoy, a public official /public employee in his capacity as a Supervisor for Woodward Township, Clinton County, violated the Pennsylvania Public Official and Employee Ethics Act "Ethics Act ") (Act 93 of 1998), specifically Sections 1103(a), 1104(a) and (d), and 1105(b)(5) and (8), when he utilized the authority of his public office for the private pecuniary benefit of himself and /or a member of his immediate family: • When he participated in actions of the Board of Supervisors resulting in the hiring of his son for a paid position with the Township; When he participated in actions of the Board of Supervisors to approve payments issued to his son; When he failed to disclose the name and address of any direct or indirect source of income totaling in the ag regate $1,300 or more, on Statements of Financial Interests filed for the 28Y3 and 2014 calendar years; When he failed to disclose any office, directorship or employment of any nature whatsoever in any business entity on Statements of Financial Interests filed for the 2011, 2012, 2013, and 2014 calendar years; Hoy 16 -031 Page 2 • When he failed to file a Statement of Financial Interests for the 2015 calendar year; and • When he undertook the oath of office as Supervisor such that he continued upon his duties, and/or received compensation from public funds, at a time when he failed to file a Statement of Financial Interests as required by the Ethics Act. IL FINDINGS: 1. Brian Noy "Ho ") has served as a Supervisor for Woodward Township (hereafter, "Township`), Clinton County, from January 3, 2012, through the present. a. Hoy has continuously served as the Vice - President of the Board of Supervisors since January 2014. b. Hoy has been employed as a working Roadmaster for the Township on an as- needed basis since January 2014. 2. From April 16, 2012, to November 6, 2015, Hoy was employed with HRI, Inc. as a Foreman. a. HRI, Inc. is a diversified construction company that operates mainly in Central and Eastern Pennsylvania. b. In 2015, Hoy worked out of town Monday through Friday as a Bridge Superintendent. 3. Jennifer Hoy is Hoy's wife. a. Jennifer Hoy has been a Member of the Woodward Township Recreation Committee `Recreation Committee ") since at least 2011. b. Brian and Jennifer Hoy have [a son]. 4. The Townshi is a Second Class Township governed by a three - Member Board of Supervisors hereafter, "Board "). a. The 2010 census reported the Township as having a population of 2,372. 5. The Board holds regular meetings at the Township Municipal Building on the third Monday of each month. a. The Board does not regularly hold agenda /workshop meetings. 1. Workshop sessions are held on an as- needed basis on the second Wednesday of each month. b. Special meetings are held as needed throughout the year. 6. Official voting at Board meetings occurs via roll -call fashion. a. Abstentions or dissenting votes are specifically documented in the minutes. 7. The Township Secretary/Treasurer, Jackie Bartlett ( "Bartlett "), audio records the meetings to assist in generation of the minutes. Hoy, 16 -031 Page 3 a. The minutes are subsequently approved by the Board at the following meeting. 8. Bartlett creates the meeting agenda and provides it to each Township Supervisor ( "Supervisor ") several days prior to the regularly scheduled meeting. a. Supervisors may add items to the agenda by contacting Bartlett. 9. Bartlett is responsible for assembling a meeting packet for each Supervisor prior to each Board meeting. a. The packet includes the prior month's meeting minutes, Treasurer's Report, payroll report, police report, zoning report, list of bills to be paid, and any other information deemed relevant for the meeting. 10. The payroll report reflects each Township employee's net pay and total payroll tax amounts from the prior month. a. The Township issues payroll to its employees on a weekly basis. b. The Board does not vote to approve the payroll report. 11. The Treasurer's Report includes the General Fund, Special Fund, State Aid Checking, Recreation Fund Checking, and Recreation Special Account balance, deposit, expense, and ending balance amounts from the prior month. a. The General Fund account balance reflects the total expenses from the prior month including payroll expenses. 1. Payroll expenses are disbursed from the General Fund account. b. The Board votes to formally approve the Treasurer's Report at its regular meeting. 12. All three Supervisors and the Township Secretary/Treasurer hold signature authority over the Township's financial accounts. a. Checks issued from the General Fund require live signatures of no less than two authorized signatories. 1. Bartlett normally signs .Township checks and seeks the signature of at least one other authorized signatory. b. The Township does not utilize facsimile signature stamps. 13. Bartlett is responsible for processing the Township's weekly payroll. a. Township employees utilize timecards to track total hours worked each day. The timecards are non- descriptive and do not reflect the specific work performed by each employee per day. aa. The timecards document only the date and hours worked each day. 14. Every Monday, Bartlett contacts /notifies at least one Supervisor to sign employee paychecks. H , 16 -031 Page 4 a. The Supervisor initials each timecard, signifying his/her review of the timecard at the time the paycheck is signed. b. Bartlett subsequently files the timecards at the Township office. 15. Once signed, Bartlett hand delivers the paychecks to the individual road crew employees and hand delivers the paychecks for the Police Department to the Police Chief for disbursement. a. The Board does not review timecards or paychecks prior to paychecks being issued. 16. Prior to the Board's annual re- organizational meeting, Bartlett generates a pay schedule covering all Township positions (excluding the Supervisor employee positions). a. Bartlett projects total compensation for each employee for the upcoming year by including a 2% increase, with the exception of the Township Road Departments seasonal worker position. 1. It is past practice for the Township Secretary/Treasurer to project the upcoming year's employee salaries based on a 2% increase, however, the Supervisors make the final decision as to wage increases. 2. The schedules consistently identify the seasonal worker position as earning minimum wage. 17. Day -to -day operations of the Township Road Department ( "Road Department ") are managed by Supervisor /Roadmaster Clyde Glossner ( "Glossner ") and Road Crew Leader Randy Merrill ( "Merrill "). a. Merrill communicates with Glossner daily regarding Road Department projects /work. Glossner keeps Hoy informed daily, typically via telephone conversations, regarding the Road Department's operations. b. Merrill organizes work and delegates it to the Road Department after having consulted with Glossner. 18. In 2015 and 2016, the Road Department consisted of three full -time employees. a. The Township procedure related to the hiring of full-time employees includes advertising the position, interviewing candidates, and voting to hire the candidate at a Board meeting. b. The interviews are conducted by Supervisor(s) and /or the Board as a whole. 19. The Townshi routinely hires part -time summer workers each year for park maintenance 1weed-whacking, painting benches /picnic tables, trash disposal, etc.). a. Prior to 2017, the Township did not advertise to hire part -time summer labor. The Supervisors relied on word -of -mouth from Township employees /officials to identify potential candidates for employment. Hoy, 16 -031 Page 5 b. The decision to hire a part-time summer worker was made upon the agreement of at least two Supervisors. The discussions and decisions to hire part-time summer workers were held /made outside of public meetings. THE FOLLOWING FINDINGS RELATE TO HOY'S OFFICIAL ACTIONS AS A SUPERVISOR RESULTING IN THE HIRING OF HIS SON FOR A PAID POSITION WITH THE TOWNSHIP. 2015 Hiring: 20. Throughout the spring of 2015, Glossner discussed individually with Supervisors Marie Selfe ( "Selfe ") and Hoy work projects in the Township to be completed for the upcoming summer. a. The Supervisors agreed that additional help was needed for the summer but no specific candidates for employment were identified. b. The Board agreed to hire part-time workers so the full -time employees could focus on other projects (roads) throughout the Township. 21. In or about April 2015, road crew employee Terry Bauman ( "Bauman ") inquired of Glossner about the Township hiring part -time summer workers. a. Bauman informed Glossner that his son would be interested in working for the Township over the summer .... b. Glossner informed Bauman that the Township was considering hiring summer workers and [that Bauman's son should apply]. 22. Bauman's son met with Glossner and Selfe to discuss the position, its requirements, and a potential start date. a. The duties were identified as assisting the road crew in performing maintenance, cleaning the park, and painting. b. Bauman's son informed Glossner and Selfe that he could start on the first day of the summer break (June 15, 2015). C. Bauman's son was not informed at the conclusion of the meeting whether he was hired, nor was he told whether the Township was planning to hire anyone else for the summer. 1. Bauman's son had not yet submitted an application for employment at the time the meeting occurred. d. Bauman's son subsequently completed /submitted an application dated April 21, 2015. 23. Glossner and Selfe subsequently agreed to hire Bauman's son as a part -time summer employee. a. The hiring of Bauman's son was not discussed or voted on at a public meeting of the Board. Hoy, 16 -031 Page 6 b. Glossner and Selfe determined the start date of Bauman's son to be the first day of his summer break. C. Hoy did not participate in the decision to hire Bauman's son. 24. By the spring of 2015, the Hoys' son had expressed to his parents that he was interested in working .... 25. Jennifer Hoy, as a Member of the Recreation Committee, regularly met with Supervisors Selfe and Glossner to discuss plans for Riverfest and beautification projects for the Township park. a. Riverfest is an annual three -day summer festival that is sponsored by the Recreation Committee. Prior to 2015, the Hoys' son volunteered at Riverfest. 26. In conversations regarding Township /Recreation Committee business, Glossner and Selfe informed Jennifer Hoy that the Township was seeking to hire part -time summer workers to assist with park projects. a. By this time, all three Supervisors had discussed and agreed on the hiring of part-time summer helpers in the months leading up to the 2015 summer. 27. Jennifer Hoy informed Glossner that her son was interested in working for the Township. a. Glossner instructed Jennifer Hoy that her son [should] apply for employment as a part-time summer helper. b. Jennifer Hoy obtained an application for employment from Bartlett shortly after Glossner advised her to do so. 28. On or about June 1, 2015, Jennifer Hoy submitted her son's application to Bartlett. a. The application noted that Hoy worked for the Township as a Supervisor. b. Bartlett subsequently forwarded the application to Glossner for review. 23. Upon receipt of the application, Glossner contacted Township Solicitor Robert D. O Conner, Jr. { "O'Conner ") to to uire whether the Township could hire Hoy's son due to his familial relationship with Hoy. a. O'Conner researched the matter and informed Glossner the following day that it was legal for the Township to hire Hoy's son, however, Hoy would have to abstain from the vote to hire his son:. b. O'Conner also informed Glossner that the hiring of Hoy's son "did not pass the smell test." 30. Glossner regularly contacted Hoy to keep him informed of Township business, and in conversation informed Hoy that Hoy's son applied for employment with the Township. a. Glossner questioned Hoy about his son's experience and capabilities in performing the work associated with the summer helper position. Hoy, 16 -031 Page 7 b. Hoy pprovided Glossner with favorable input on his son's experience and capabilities in the construction field. 1. Hoy told Glossner that he taught his son about working in the construction field. C. Glossner did not inform Hoy that he (Glossner) discussed the hiring with the Township Solicitor and/or that the Township Solicitor indicated the hiring "did not pass the smell test." d. The conversation ended without Glossner informing Hoy whether his son was to be hired. 31. Glossner also contacted Selfe to advise that Hoy's son applied for the part -time summer worker position. a. Glossner endorsed the hiring of Hoy's son, and inquired of Selfe if she agreed with the hiring. 1. Selfe voiced no opposition to the hiring, believing that Glossner and Hoy had already determined to hire Hoy's son. b. Glossner and Selfe agreed that Hoy's son and Bauman's son would be paid minimum wage in 2015. 1. Glossner did not consult with Hoy as to the wage his son and Bauman's son were to receive in 2015. C. Glossner then informed Bartlett that Hoy's son and Bauman's son would be paid minimum wage in 2015. 32. Glossner subsequently advised Jennifer Hoy by telephone that her son had been hired effective June 11, 2015. a. Glossner later telephoned Hoy and informed him that his son and Bauman's son were hired as part -time summer helpers. 1. Hoy endorsed his son's work ethic and capabilities during the call. 33. Hoy's son and Bauman's son began working for the Township on Monday, June 15, 2015. a. Hoy's son regularly worked for the Township Monday to Friday, 7:00 a.m. to 3:00 p.m., from June 15, 2015, through August 21, 2015. 34. At the Board's June 16, 2015, regular meeting, Selfe presented the Recreation Committee report which included an announcement that the Township hired two summer workers. a. Selfe announced that the Township hired two summer workers who were "sprucing up" the pavilion areas painting picnic tables as well as other things. 1. Selfe did not identify the names of the summer workers who had been hired. 35. Glossner and Merrill directed /supervised work performed by Hoy's son and Bauman's son during 2015 as seasonal employees. Hoy 16 -031 Page 8 a. Hoy did not direct/supervise the work performed by his son or Bauman's son in the 2015 summer. 36. In the fall of 2015, when preparing the Township's 2016 budget, Bartlett included both Hoy's son and Bauman's son in the proposed 2016 budget under the Road Department. a. Bartlett included Hoy's son and Bauman's son in the proposed budget since both individuals were employed by the Township in 2015. 1. No salary amount for either part-time employee was included because it was not determined if either would be returning in 2016. 37. The proposed 2016 budget, which included Hoy's son, was presented to the Board for approval at the December 15, 2015, regular Township meeting. a. The vote to approve the budget carried unanimously with Hoy, Glossner, and Selfe voting in favor. 2016 Hiring 38. In the months leading up to the summer of 2016, Glossner spoke with Hoy regarding the return of his to and Bauman's son for the upcoming summer. a. Hoy agreed with Glossner that his son and Bauman's son [should] return for the 2016 summer. 39. In the spring of 2016, Bauman informed Hoy that Bauman's son did not intend to return to the Township for employment in 2016 at minimum wage. a. Hoy advised Bauman that he would seek a higher wage for Bauman's son for the 2016 summer. 40. Prior to the 2016 summer, Hoy and Glossner discussed wages for the part-time summer workers. a. Glossner recommended giving Hoy's son and Bauman's son an increase in wages from $7.25/hour (minimum wage) to $10.00 /hour. b. Hoy agreed to an increase in wages but recommended a $1.25 per hour increase to $8.50 an hour. 1. Glossner agreed with Hoy's recommendation. 41. Supervisor Kyle Coleman ( "Coleman ") took office in January 2016, replacing Selfe on the Board. a. Coleman had been a Member of the Recreation Committee for at least eight years, and he is currently a Member of the Recreation Committee. 1. Coleman presents the Recreation Committee report to the Board during its regular public meetings. b. Through his involvement with the Recreation Committee, Coleman was aware that Hoy's son and Bauman's son were employed by the Township for the summer of 2015. Hoy, 16 -031 Page 9 42. Coleman was not consulted about the re- hiring of Hoy's son and Bauman's son as seasonal employees for the 2016 summer, nor was Coleman made aware of the proposed pay increase. a. Coleman learned of the summer hiring from reading the June 1, 2016, Supervisor call log that identified Hoy's son and Bauman's son as returning to work for the Township for the 2016 summer. b. The Township call log for the date of June 1, 2016, documented the following: "Clyde called. [ Bauman's son and Hoy's son] to work summer months. They're coming in next week someday and we will raise wages $8.50..." 43. Coleman questioned Hoy during a workshop session of the Board about his son being hired for 2016. a. Coleman informed Hoy that he (Coleman) had not voted to hire Hoy's son. b. Hoy alleged that Glossner made the decision to hire Hoy's son and authorized a pay increase for 2016. C. Hoy did not advise Coleman of his discussion with Glossner resulting in the 2016 hiring of Hoy's son. 44. Hoy's son and Bauman's son were placed on the Township payroll for 2016 following the discussion between Hoy and Glossner. 45. At the Board's June 21, 2016, regular meeting, Glossner presented the Road Department's report which included that Hoy's son and Bauman's son were hired for painting tables, pavilions, bathrooms, benches, etc. a. This was the only public notice made that the Township had hired part-time summer workers for the 2016 summer. b. There was no official vote of the Board to approve the hiring of either Hoy's son or Bauman's son. 46. Hoy's son was employed by the Township as a summer employee from Monday through Friday, 7:00 a.m. to 3:00 p.m., from June 6, 2016, through August 26, 2016. 47. At the Board's September 20, 2016, regular meeting, Coleman addressed Hoy, alleging that Hoy's son was hired without a vote of the Board. a. Hoy claimed that Glossner hired his son and that he (Hoy) agreed to the hiring. b. Coleman questioned Hoy why the hiring was not done at a public meeting. 1. Hoy responded that it only takes two people (to hire). G. The two individuals involved in hiring Hoy's son in 2016 were Hoy and Glossner. 48. During the time frames of approximately June 2015 through August 2015, and June 2016 through August 2016, Hoy voted in favor of approving multiple Township �Ho , 16 -031 e 10 Treasurer's Reports accounting for Township payroll issued, which included wages paid to Hoy's son as a seasonal Township employee. a. Hoy voted affirmatively in approving sixteen of the twenty -two paychecks issued to his son totaling $4,978.00. Hoy's son worked a total of 392 hours during 2015, for total compensation of $3,306.00 (392 hours x $7.25 per hour). 2. Hoy's son worked a total of 456 hours during 2016, for total compensation of $3,876.00 (456 hours x $8.50 per hour). b. Hoy signed one of the twenty -two paychecks issued to his son. 1. Ho signed check number 24238, dated June 20, 2016, in the amount of 340.00 as an authorized signatory. C. Hoy did not reviewlapprove any of his son's 2015 or 2016 timecards. 2017 Hiring: 49. Secretary/Treasurer Bartlett included both Hoy's son and Bauman's son in the 2017 proposed budget as summer employees. a. The 2017 proposed budget prepared by Bartlett contained a 2% wage increase for Township employees, including Hoy's son and Bauman's son. 50. The proposed 2017 budget was presented to the Board for approval at the December 20, 2016, regular Township meeting. a. The vote to approve the budget carried unanimously with Hoy, Glossner, and Coleman voting in favor. 51. In or about March 2017, Coleman and Hoy telephonically discussed hiring a seasonal road crew position. a. The position would require a CDL license. b. The position was not considered a part -time summer laborer position. 52. During the discussion, Coleman informed Hoy that he (Coleman) was not opposed to Hoy's son working for the Township in the future, that he was a good summer worker but that a future hiring would need to be advertised. a. Hoy informed Coleman that his son would be interested in working for the Township but that he (Hoy) would remove himself from the hiring process. Coleman and Hoy did not discuss in detail the hiring process (i.e., when to advertise, screening applicants, interviews, vote to hire, etc.). 53. Coleman and Glossner agreed that Hoy should remove himself from the hiring process due to the State Ethics Commission's investigation of Hoy and to avoid additional criticism of the Township's hiring of the part-time summerworker position. a. Hoy had received a notice of full investigation from the Investigative Division of the State Ethics Commission on or about January 18, 2017. Hoy, 16 -031 Page 11 b. Coleman and Glossner agreed that the Township should hire either one or two individuals. C. Coleman and Glossner did not discuss specific candidates for the 2017 part- time summer worker position at that time. 54. At the May 16, 2017, Board meeting, the Board voted unanimously to advertise for applications for the part -time summer worker position and for a part -time Road Department employee position. a. The vote to advertise the part -time summer worker and part -time Road Department employee positions carried unanimously with Hoy, Glossner, and Coleman voting in favor. 1. Hoy voted to advertise the position after having expressed to Coleman in March 2017 that Hoy's son would be interested in working for the Township in the 2017 summer. b. The Township advertised for the part-time Road Department position on April 27th and May 4th but did not receive enough interest, therefore the decision to fill the position continued to the May meeting. 55. Following the May 16th meeting, Bartlett drafted an advertisement for a part -time road crew employee and a summer seasonal employee: "Woodward Township is seeking an individual to work part time with its road crew. The individual must have their Class B CDL license and be able to operate light equipment such as backhoes and manual shift dump trucks. This individual will help in all aspects of maintenance within the municipality including but not limited to plowing, mowing, and road work as well as vehicle, park, and building maintenance. Woodward Township is also seeking an individual to work during the summer season to help with light duty work. Applications can be obtained at the Woodward Township Office, 86 Riverside Terrace, Lock Haven, PA during regular office hours Monday through Friday 8:00am — 4:00pm. The township will be accepting applications until Friday, May 26, 2017" a. Bartlett emailed the advertisement to the Supervisors, including Hoy, contemporaneous to the May 16, 2017, Board meeting. b. Hoy did not respond to Bartlett regarding the advertisement. 56. Bartlett emailed the advertisement to The Lock Haven Express on May 18, 2017, for publication. a. The advertisement was published on May 19th and 201h, 2017. 57. Hoy's son obtained an application for employment at the Township Municipal Building from Bartlett on May 17, 2017, two days prior to the advertisement appearing in The Lock Haven Express. a. Hoy's son was the first individual to pick up an application for the seasonal summer position. Ho , 16 -031 Page 12 58. Hoy's son submitted his application for employment in person at the Township Municipal Building on May 23, 2017. a. The application was dated May 17, 2017. b. The application identified a minimum acceptable salary of $8.50 an hour. C. The application noted that his father was a Supervisor. d. The application documented Hoy's son's past employment with the Township as a summer laborer in 2015 at the rate of [$7.25]an hour and in 2016 at the rate of $8.50 an hour. 1. Glossner and Road Crew Leader Merrill were identified as Hoy's son's supervisors. 2. The description of work was noted as "maintaining parks and roadways." e. Bartlett emailed Hoy's son's application to the Supervisors, including Hoy, on the day it was received. 59. On May 22, 2017, Aaron Shultz ( "Shultz ") obtained and completed an application for employment for the summer seasonal position and submitted the application to Bartlett. a. Shultz has no family members employed with the Township. b. Bartlett emailed Shultz's application to all three Supervisors on May 22, 2017, the day it was received. 60. Coleman and Glossner conducted interviews for the summer seasonal position on June 5, 2017, at the Township Municipal Building. a. Glossner contacted both Hoy's son and Shultz directly to schedule a time for the interviews. b. Glossner also contacted Hoy by telephone to inform him that interviews of his son and Shultz were scheduled to take place at the Township Municipal Building on the morning of June 5, 2017. C. Hoy informed Glossner that he had a work conflict and would not be able to attend the interviews. 1. Hoy did not object to the interviews taking place without him being present. 61. On June 5, 2016, Glossner and Coleman conducted interviews at the Township Municipal Building of Hoy's son and Schultz. a. Hoy was not present for the interviews. b. The interviews involved a review of each candidate's application and the Supervisor's expectation for the position. 62. Coleman and Glossner agreed that both Hoy's son and Shultzwere qualified forthe position and agreed to hire both candidates for the 2017 summer. Ha , 16 -031 Page 13 a. Coleman and Glossner agreed that Hoy's son would be paid the same hourly rate ($8.50) that he received in 2016 and that, based on experience, Shultz would receive minimum wage. b. Coleman and Glossner determined to schedule a special meeting for June 9, 2017, for the purpose of hiring for the summer seasonal position. Coleman and Glossner advised Bartlett to advertise the meeting. 63. Glossner telephonically contacted Hoy to inform him of the interviews, the decision to hire both applicants, and the date of a special meeting to ratify the hirings. a. Hoy informed Glossner he would not attend the special meeting due to work conflict. b. Hoy did not recommend /suggest to Glossner or direct Glossner who to hire for the position. 64. The June 9, 2017, special meeting was advertised in The Lock Haven Express on June 8, 2017. 65. The June 9, 2017, special meeting was held at 9:00 a.m. at the Township Municipal Building for the purpose of hiring a part-time Road Department employee and seasonal employees. a. Hoy was absent from the meeting. b. Coleman announced that there were two applicants for the seasonal summer position and that both applicants were interviewed. C. The Board voted unanimously to hire both Hoy's son and Shultz for the summer seasonal position with Hoy's son receiving the same wages he received in 2016 at $8.50 an hour and Shultz earning minimum wage. 1. The vote carried unanimously with Glossner and Coleman voting in favor. 66. Following the meeting, Glossner contacted Hoy's son and Shultz to inform them of a start date of June 12, 2017. 67. On December 28, 2016, Hoy was interviewed by representatives of the Investigative Division, during which Hoy asserted the following: a. In 2015 the Supervisors talked about hiring part- timers to finish some painting and to perform any other duties required in the Township for the summer. b. Hoy had no knowledge that his son was interested in working for the Township until he learned that his son had obtained an application for employment. 1. Hoy denied having directed his son to apply at the Township. C. Jennifer Hoy and her son completed the application without Hoy's assistance or input. d. Hoy denied taking part in the Board's decision to hire his son. �Hov 16 -031 Page 14 e. The decision to hire Hoy's son was made by Glossner and Selfe outside of a regular Board meeting. Hoy believed that any one Supervisor can hire an individual as long as no other Supervisor objects. Hoy claimed Glossner asked if he (Hoy) was interested in hiring his son at the Township to which Hoy replied that he did not want to be involved and that it was Glossner's decision. 1. Hoy subsequently claimed that he told Glossner that "if they need them hire them, if not, don't worry about it." g. Hoy a reed with Glossner to give Bauman's son and Hoy's son a raise in 2016 if Coleman was also in agreement. h. Hoy was not advised nor did he seek advice whether he should sign Township paychecks issued to his son. Hoy does not generally sign Township paychecks since he generally works the day that paychecks are signed. Hoy admitted that he did not object to the hiring of his son and Bauman's son for the 2016 summer, believing Coleman and Glossner had already agreed on the hiring. THE FOLLOWING FINDINGS RELATE TO HOY'S FAILURE TO FILE COMPLETE AND ACCURATE STATEMENT OF FINANCIAL INTERESTS FORMS FOR THE 2011, 2012, 20133 2014, AND 2015 CALENDAR YEARS. 68. Statement of Financial Interests ( "SFI ") filing requirements for public officials and public employees are mandated by Section 1104 of the State Ethics Act. a. Section 1104(a) of the State Ethics Act sets forth that each ublic official of the Commonwealth shall file an SFI for the preceding calendar year with the Commission no later than May 1 of each year that he holds such position and of the year after he leaves such position. 1. Hoy is required to file an SFI by May 1st annually in his position as a Supervisor. 69. Information to be disclosed on SFIs filed b public officials and public employees is mandated by Section 1105 of the State Ethics Act. a. Section 1105(b), subsections (1) -(10), identifies specific information to be disclosed. Section 1105(b)(5) mandates disclosure of the following on SFIs filed: "The name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more." 2. Section 1105(b)(8) mandates disclosure of the following on SFIs filed: "Any office, directorship, or employment of any nature whatsoever in any business entity." H , 16 -031 Page 15 70. On November 22, 2016, an SFI compliance review was conducted at the Township Municipal Building, 86 Riverside Terrace, Lock Haven, PA 17745. a. Hoy's SFIs for calendar years 2011 through 2014 were obtained from the Township on November 22, 2016. b. Hoy had no SFI on file with the Township for calendar year 2015. 71. Hoy filed SFIs for calendar years 2011 through 2014 in compliance with Section 1104(a) of the State Ethics Act as follows: Date Filed For Calendar Year March 26, 2012 2011 Not Dated 2012 April 15, 2014 2013 February 17, 2015 2014 a. All SFIs filed by Hoy for calendar years 2011 through 2014 documented the following on the bottom of the forms: "This form is considered deficient if any block above is not completed." 72. Hoy failed to disclose income received from HRI, Inc. on his 2013 and 2014 calendar year filings. a. Hoy earned income from HRI, Inc. in excess of $1,300.00 gross in 2013 and in 2014. b. Block 10 on Hoy's 2013 calendar year form was blank. C. Block 10 on Hoy's 2014 calendar year SFI documented "none" in reportable income. 73. Hoy failed to disclose his employment with UT Tucking, LLC on his 2011 calendar year filing, and failed to disclose his employment with HRI, Inc. on his 2012 through 2014 calendar year filings. Ill, DISCUSSION: As a Supervisor for Woodward Township "Township "), Clinton County, from January 3, 2012, through the present, Respondent Brian J. Hoy, also referred to herein as "Respondent," "Respondent Hoy," and "Hoy," 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 Hoy violated Sections 1103(a), 1104(x) and (d), and 1105(b)(5) and (8) of the Ethics Act when he utilized the authori y of his public office for the private pecuniary benefit of himself and/or a member of his immediate family: When he participated in actions of the Township Board of Supervisors resulting in the hiring of his son for a paid position with the Township; When he participated in actions of the Township Board of Supervisors to approve payments issued to his son, �Hoy , 16 -031 7ge 16 • When he failed to disclose the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more on Statements of Financial Interests ( "SFIs ") filed for the 2013 and 2014 calendar years; • When he failed to disclose any office, directorship or employment of any nature whatsoever in any business entity on SFIs filed for the 2011, 2012, 2013, and 2014 calendar years; • When he failed to file an SFI for the 2015 calendar year; and • When he undertook the oath of office as Supervisor such that he continued upon his duties and/or received compensation from public funds at a time when he failed to file an SFI as required by the Ethics Act. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 1103. Restricted activities (a) Conflict of interest. --No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 Pa.C.S. § 1103(a). The term "conflict of interest" is defined in the Ethics Act as follows: § 1102. Definitions "Conflict " or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his immediate family is associated. 65 Pa.C.S. § 1102. Section 1103(a) of the Ethics Act prohibits a public official /public employee from using the authority of public office /employment or confidential information received by holding such a public position for the private 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 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. HHO , 16 -031 Page 17 Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFI form must provide. Subject to certain statutory exceptions not applicable to this matter, Section 1105(b)(5) of the Ethics Act requires the filer to disclose on the SFI the name and address of any direct or indirect source of income totaling in the aggregate $1,300 or more. Section 1105(b)(8) of the Ethics Act requires the filer to disclose on the SFI any office, directorship or employment in any business entity. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. The Township is governed by a three - Member Board of Supervisors ( "Board "). Hoy has sewed as a Supervisor from January 3, 2012, through the present, and a has served as Vice - President of the Board since January 2014. Hoy has been employed as a working Roadmaster for the Township on an as- needed basis since January 2014. Hoy's wife, Jennifer Ho ( "Mrs. Hoy' has been a Member of the Woodward Township Recreation Committee `Recreation 'Committee ") since at least 2011. Hoy and Mrs. Hoy have a son. The Township issues payroll to its employees on a weekly basis. The Township Secretary/Treasurer, Jackie Bartlett Bartlett"), is responsible for processing the Township's weekly payroll. The Board does not review Township employee timecards or paychecks prior to paychecks being issued. At each regular meeting of the Board, the Supervisors vote to approve the Township Treasurer's Report, which reflects the payroll expenses from the prior month. All three Supervisors and the Township Secretary/Treasurer hold signature authority over the Township's financial accounts. Township checks require live signatures of no less than two authorized signatories. The Township routinely hires part-time summer workers each year for park maintenance. Prior to 2017, the Township did not advertise to hire part-time summer labor, and the Supervisors relied on word -of -mouth from Township employees and officials to identify potential candidates for employment. The Supervisors held discussions and made decisions about hiring part-time summer workers outside of public meetings. The decision to hire a part -time summer worker was made upon the agreement of at least two Supervisors. The day -to -day operations of the Township Road Department ( "Road Department ") are managed by Supervisor /Roadmaster Clyde Glossner ( "Glossner ") and Road Crew Leader Randy Merrill ( "Merrill "). Throughout the spring of 2015, Glossner had discussions with Hoy and Supervisor Marie Selfe CSelfe ") about work protects in the Township to be completed for the upcoming summer. All three Supervisors agreed to hire part -time workers for the summer so the full -time employees could focus on other projects throughout the Township. In or about April 2015, road crew employee Terry Bauman ( "Bauman ") asked Glossner about the Township hiring part -time summerworkers, and he informed Glossner that his son would be interested in working for the Township over the summer. Glossner informed Bauman that the Township was considering hiring summer workers and that Bauman's son should applyy. Bauman's son submitted an application for employment and met with Glossner and Selfe to discuss the position and its requirements and a potential start date. Glossner and Selfe subsequently agreed to hire Bauman's son as a part -time summer employee. Ho , 16 -031 Page 18 Mrs. Hoy, as a Member of the Recreation Committee, regularly met with Glossner and Selfe. In conversations regarding Township /Recreation Committee business, Glossner and Selfe informed Mrs. Hoy that the Township was seeking to hire part-time summer workers to assist with park projects. After Mrs. Hoy informed Glossner that the Hoys' son was interested in working for the Township, Glossner advised Mrs. Hoy that the Hoys' son should apply for employment as a part-time summer helper. Mrs. Hoy obtained an employment application for the Hoys' son and submitted it to Bartlett on or about June 1, 2015. Bartlett then forwarded the employment application for the Hoys' son to Glossner for review. When Glossner received the employment application of the Hoys' son, he contacted Township Solicitor Robert D. O'Conner, Jr. ('.O'Conner ") to ask whether the Township could hire the Hoys' son due to his familial relationship with Hoy. O'Conner researched the matter and informed Glossner that it was legal for the Township to hire the Hoys' son, but Hoy would have to abstain from the vote to hire his son. Glossner regularly contacted Hoy to keep him informed of Township business, and in conversation, Glossner informed Hoy that his son had applied for employment with the Township. Hoy gave Glossner favorable input when Glossner asked him about his son's experience and capabilities in performing the work associated with the summer helper position. Glossner did not inform Hoy that he had discussed the hiring of Hoy's son with the Solicitor. The conversation ended without Glossner informing Hoy whether his son was to be hired. Glossner contacted Selfe to advise her that Hoy's son had applied for the part-time summer worker position. Glossner endorsed the hiring of Hoy's son, and he asked Selfe if she agreed with the hiring. Selfe believed that Glossner and Hoy had already determined ' Oh e Hoy's son, and she voiced no opposition to the hiring. Glossner and Selfe, agreed that Hoy's son and Bauman's son would be paid minimum wage in 2015. Glossner then informed Bartlett that Hoy's son and Bauman's son would be paid minimum wage in 2015. Glossner subsequently telephoned Hoy and informed him that his son and Bauman's son h been hired as part -time summer helpers. Hoy's son and Bauman's son began working for the Township on June 15, 2015. Glossner and Merrill directed or supervised work performed by Hoy's son and Bauman's son. From approximately June 15, 2015, through August 21, 2015, Hoy's son worked a total of 392 hours for the Township. In the fall of 2015, Bartlett included Hoy's son and Bauman's son in the proposed 2016 Township budget under the Road Department. Bartlett included both individuals in the proposed 2016 Township budget because they were employed by the Township in 2015. No salary amount for either individual was included in the proposed 2016 Township budget because it had not been determined if either individual would be returning in 2016. On December 15, 2015, Hoy participated in a unanimous Board vote to approve the proposed 2016 Township budget. In the months leading up to the summer of 2016, Glossner spoke with Hoy about his son and Bauman's son returning to Township employment for the upcoming summer. Hoy agreed with Glossner that his son and Bauman's son should return for the summer of 2016. In the spring of 2096, Bauman informed Hoy that Bauman's son did not intend to return to the Township for employment in 2016 at minimum wage, which was $7.25 per hour. Hoy advised Bauman that he would seek a higher wage for Bauman's son for the summer of 2016. When Hoy and Glossner discussed wages for the part-time summer workers, Glossner recommended increasing the wages of Hoy's son and Bauman's son to $10.00 per hour. Hoy agreed to an increase in wages but recommended an increase to $8.50 per hour. Glossner agreed with Hoy's recommendation. Hoy's son and Bauman's H , 16 -031 Page 19 son were subsequently placed on the Township payroll for 2016. There was no official Board vote to approve the hiring of either individual. From approximately June 6, 2016, through August 26, 2016, Hoy's son worked a total of 456 hours for the Township. Selfe had been replaced as a Member of the Board when Kyle Coleman ( "Coleman ") took office as a Supervisor in January 2016. Coleman was aware that Hoy's son and Bauman's son had been employed by the Township for the summer of 2015. Coleman was not consulted about the hiring of Hoy's son and Bauman's son as part -time workers for the summer of 2016, and he was not made aware of the proposed increase in their wages. Coleman learned about the hiring of the two individuals from reading the June 1, 2016, Supervisor call tog that identified Hoy's son and Bauman's son as returning to work for the Township for the summer of 2016. During a workshop session of the Board, Coleman questioned Hoy about his son being hired for 2016. Hoy did not advise Coleman of his discussion with Glossner that resulted in the hiring of Hoy s son for 2016, and Hoy alleged that Glossner made the decision to hire Hoy's son and authorized a pay increase for 2016. At the regular meeting of the Board on September 20, 2016, Coleman addressed Hoy and alleged that Hoy's sort was hired without a vote of the Board. Hoy claimed that Glossner hired his son and that Hoy agreed to the hiring. When Coleman asked Hoy why the hiring was not done at a public meeting, Hoy responded that it only takes two people to hire. During the time frames of approximately June 2015 through August 2015 and June 2016 through August 2016, Hoy voted to approve multiple Township Treasurer's Reports that included paychecks totaling $4,978.00 which were issued to his son as a seasonal Township employee. Hoy signed as an authorized Township signatory one paycheck in the amount of $340.00 that was issued to his son. Secretary/Treasurer Bartlett included Hoy's son and Bauman's son in theproposed 2017 Township budget as summer employees. The proposed 2017 Township budget contained a two percent wage increase for Township employees, including Hoy's son and Bauman's son. On December 20, 2016, Hoy participated in a unanimous Board vote to approve the proposed 2017 Township budget. In or about March 2017, Coleman and Hoy discussed hiring a seasonal road crew position. During the discussion, Coleman informed Hoy that he was not opposed to Hoy's son working for the Township in the future, but a future hiring would need to be advertised. Hoy informed Coleman that his son would be interested in working for the Township and that Hoy would remove himself from the hiring process. Coleman and Glossner agreed that the Township should hire one or two individuals for the part-time summer worker position for 2017. Coleman and Glossner further agreed that Hoy should remove himself from the hiring process due to the Investigative Division's investigation in the instant matter and to avoid additional criticism of the Township's hiring of the part -time summer worker position. On May 16, 2017, Hoy participated in a unanimous Board vote to advertise for applications for the ppart-time summer worker position and a part-time Road Department employee position. Hoy's son and Aaron Shultz ( "Shultz ") were the only applicants for the part -time summer worker position. Hoy did not participate when Glossner and Coleman interviewed Hoy's son and Shultz for the part -time summer worker position or when Glossner and Coleman voted to hire Hoy's son and Shultz for the summer of 2017. As for Hoy's FIs, an SFI compliance review was conducted at the Townshipp Municipal Building on November 22, 2016. Hoy's SFIs for calendar years 2011 through 2014 were on file with the Township. Hoy had no SFI for calendar year 2015 on file with the Township. Hoy failed to disclose his employment with UT Tucking, LLC on his SFI for Hoy, 16 -031 Page 20 calendar year 2011, and he failed to disclose his employment with HRI, Inc. on his SFIs for calendar years 2012, 2013, and 2014. Hoy further failed to disclose HRI, Inc. as a source of income in excess of $1,300.00 on his SFIs for calendar years 2013 and 2014. 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: 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(x), occurred y when Brian Hoy, in his capacity as a Supervisor for Woodward Township, Clinton County, participated in actions of the Board of Supervisors resulting in the hiring of his son for a paid position with the Township and when he (Hoy) voted to approve Township wage /salary issued to his son, for hours worked. That a violation of Sections 1105(b)(5) and (8) of the Public Official and Employee Ethics Act, 65 Pa.C.S. §§ 1105(b)(5) and (8), occurred when Hoy failed to disclose any and all source(s) of income upon Statements of Financial Interests filed for the 2013 and 2014 calendar years; and when he failed to disclose any and all office, directorship or employment in any business entity upon Statements of Financial Interests filed for the 2011, 2012, 2013, and 2014 calendar years. G. That a violation of Section 1104(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Hoy failed to maintain a filing of a Statement of Financial Interests for the 2015 calendar year. The Investigative Division is not seeking an disgorgement pursuant to 65 Pa.C.S. § 1 f04(d) of the Ethics Act. Hoy agrees to make payment in the amount of $700.00 in settlement of this matter payable as follows: $600.00 payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. $100.00 which represents a portion of the expenses and costs incurred by the State Ethics Commission in the investigation and administrative prosecution of the instant matter, Hoy, 16 -031 Page 21 payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. 5. Hoy agrees to file complete and accurate amended Statements of Financial Interests with Woodward Township through the Pennsylvania State Ethics Commission, for the 2011, 2012, 2013, 2014, and 2015 calendar years within thirty (30) days of the issuance of the final adjudication in this mattter. 6. Hoy agrees to not accept any reimbursement, compensation or other payment from Woodward Township representing a full or partial reimbursement of the amount paid in settlement of this matter. 7. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to any law enforcement or other authority to take action in this matter. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 2 -3. In considering the Consent Agreement, we agree with the parties that a violation of Section 1103(a)) of the Ethics Act occurred when Hoy participated in actions of the Board resulting in the Hiring of his son for a paid position with the Township and when Hoy voted to approve Township wage/salary issued to his son for hours worked. The Township routinely hires part-time summer workers each year for park maintenance. Prior to 2017, the Supervisors held discussions and made decisions about hiring part-time summer workers outside of public meetings, and the decision to hire a part - time summer worker was made upon the agreement of at least two Supervisors. In June 2015, Hoy's son was hired as a part-time summer worker following discussions by or agreements between Supervisor Glossner and Supervisor Selfe. Hoy used the authority of his office as a Supervisor when he: (1) agreed with Glossner that his son should return to Township employment for the summer of2016; and (2) voted to approve multiple Township Treasurer's Reports that included paychecks totaling $4,978.00 which were issued to his son as a seasonal Township employee in 2015 and 2016. Based upon the Stipulated Findings and the Consent Agreement, we hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Hoy participated in actions of the Board resulting in the hiring of his son or a paid position with the Township and when Hoy voted to approve Township wage/salary issued to his son for Fours worked. Turning to the allegations regarding Hoy's SFIs, we hold that: (1) a violation of Sections 1105(b)(5) and (8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5) and (8), occurred when Hoy failed to disclose any and all source(s) of income on SFIs filed for the 2013 and 2014 calendar years, and when he failed to disclose any and all office, directorship or H , 16 -031 Page 22 employment in any business entity on SFIs filed for the 2011, 2012, 2013, and 2014 calendar years, and (2) a violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Hoy failed to maintain a filing of an SFI for the 2015 calendar year. We note that the Investigative Division is not seeking any disgorgement of Hoy's Supervisor compensation pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). As part of the Consent Agreement, Hoy has agreed to make payment in the amount of $600.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Hoy has further agreed to make payment to this Commission in the amount of $100.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Hoy 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. Additionally, Hoy has agreed to file complete and accurate amended SFIs with the Township, through this Commission, for the 2011, 2012, 2013, 2014, and 2015 calendar years within thirty (30) days of the issuance of the final adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Hoy is directed to make payment in the amount of $600.00 payable to the Commonwealth of Pennsylvania and forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Per the Consent Agreement of the parties, Hoy is further directed to make payment to this Commission in the amount of $100.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter, payable by certified check or money order made payable 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, Hoy is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Hoy is directed to file complete and accurate amended SFIs with the Township, through this Commission, for the 2011, 2012, 2013, 2014, and 2015 calendar years by no later than the thirtieth (30th) day after the mailing date of this adjudication and Order. Compliance with the foregoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. H , 16 -031 Page 23 M CONCLUSIONS OF LAW: 1. As a Supervisor for Woodward Township ( "Township'), Clinton County, from January 3, 2012, through the present, Respondent Brian J Hoy ( "Hoy ") has been a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seq. 2. Hoy violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a }, when he participated in actions of the Township Board of Supervisors resulting in the hiring of his son for a paid position with the Township and when he voted to approve Township wage /salary issued to his son for hours worked. 3. A violation of Sections 1105(b)(5) and (8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5) and (8), occurred when Hoy failed to disclose any and all source(s) of income on Statements of Financial Interests filed for the 2013 and 2014 calendar years, and when he failed to disclose any and all office, directorship or employment in any business entity on Statements of Financial Interests filed for the 2011, 2012, 2013, and 2014 calendar years. 4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Hoy failed to maintain a filing of a Statement of Financial Interests for the 2015 calendar year. In Re: Brian J. Hoy, File Docket: 16.031 Respondent Date Decided: 11128117 Date Mailed: 1215117 ORDER NO. 1725 1. As a Supervisor for Woodward Township ( "Townshipp"), Clinton County, Brian J. Hoy "Hoy ") violated Section 1103(a) of the Public Official and Employee Ethics Act "Ethics Act "), 65 Pa.C.S. § 1103(a), when he participated in actions of the ownship Board of Supervisors resulting in the hiring of his son for a paid position with the Township and when he voted to approve Township wagelsalary issued to his son for hours worked. 2. A violation of Sections 1105(b)(5) and (8) of the Ethics Act, 65 Pa.C.S. §§ 1105(b)(5) and (8), occurred when Hoy failed to disclose any and all sources of income on Statements of Financial Interests filed for the 2013 and 2014 calendar years, and when he failed to disclose any and all office, directorship or employment in any business entity on Statements of Financial Interests filed for the 2011, 2012, 2013, and 2014 calendar years. 3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred when Hoy failed to maintain a filing of a Statement of Financial Interests for the 2015 calendar year. 4. Per the Consent Agreement of the parties, Hoy is directed to make payment in the amount of $600.00 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, Hoy is further directed to make paygent to the Pennsylvania State Ethics Commission in the amount of $100.00, representing a portion of the expenses and costs incurred by this Commission in the investigation and administrative prosecution of the instant matter , payable by certified check or money order made payable to the Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after the mailing date of this Order. Per the Consent Agreement of the parties, Hoy is directed to not accept any reimbursement, compensation or other payment from the Township representing a full or partial reimbursement of the amount paid in settlement of this matter. To the extent he has not already done so, Hoy is directed to file complete and accurate amended Statements of Financial Interests for the 2011, 2012, 2013, 2014, and 2015 calendar years with the Township, through the Pennsylvania State Ethics Commission, by no later than the thirtieth (30t ") day after the mailing date of this Order. Compliance with paragraphs 4, 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission. Hoy, 16 -031 Page 25 a. Non -- compliance will result in the institution of an order enforcement action. BY THE COMMISSION, Y l •