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HomeMy WebLinkAbout1736 CveykusPHONE: 717- 783 -1610 TOLL FREE: 1 -800- 932 -0936 In Re: George Cveykus, 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: wwmethicapa,ROV 17 -022 Order No. 1736 6127118 716118 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Monique Myatt Galloway Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding possible violation(s) of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et seg., by the above -named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." 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. ALLEGATIONS: That George Cveykus, a public official /public employee in his capacity as a Supervisor for Conemaugh Township, Cambria County, violated [Sections 1103(a), 1104(a), 1104(d), and 1105(b)(5)] of the State Ethics Act (Act 93 of 1998) when he utilized the authority of his public position to assume a position of employment with the Township, absent appointment or authorization by the Township Board of Supervisors and/or Township Board of Auditors; when he subsequently set his own scope and hours of work, including seeking compensation for administrative duties within his role as an elected Township Supervisor; when he participated in official actions of the Township Board of Supervisors to approve payment of wages /salary to himself; when he served as a Township signatory on paychecks issued to himself from public monies; when he authorized and /or received wages /salary as holiday pay as a part - time /as- needed Township employee at a time he was not eligible to receive same; and when he failed to include /disclose the Township as a source of income upon a Statement of Financial Interests filed for the 2015 calendar year. II. FINDINGS: George Cveykus ( "Cveykus" ) served as a Supervisor for Conemaugh Township ( "Township "), Cambria County, from January 5, 2004, until December 31, 2015. Cveykus was appointed Chairman of the Township Board of Supervisors in 2014 and 2015. Cy rkus, 17 -022 aP ge 2 b. Cveykus previously served as the Vice Chairman of the Township Board of Supervisors from 2013 to 2014. 2. In addition to his public office, Cveykus has been employed as a maintenance worker for the Parish of St. Gregory & Barnabas for approximately ten years. a. As a maintenance worker, Cveykus did not have regularly scheduled work hours or days. 1. Cveykus was expected to work as needed Monday through Friday. 3. The Townshi is a Second Class Township governed by a three- Member Board of Supervisors "Board "). a. Regular meetings are held on the first Monday of each month. 1. Workshop and special meetings are held as needed. b. Supervisors are compensated $50.00 for each meeting attended. 4. Voting at Board meetings occurs via "aye" and "nay" fashion after a motion is made and properly seconded. 5. The Township Secretary/Treasurer manages the administrative functions of the Township, which include, but are not limited to, the following: a. Maintaining Township records; b. Maintaining accounts receivable /payable, C. Processing payroll; and d. Managing the Township's garbage fee collections. 6. The SecretarylTreasurer is responsible for recording the Board meeting minutes. a. The SecretarylTreasurer will take notes at Board meetings to later generate the official Board meeting minutes. 1. The minutes are subsequently approved by the Board at its following meeting. 7. The Secretary/Treasurer is responsible for preparing material for the Board in advance of a meeting. a. Board meeting material is compiled into a packet for each Supervisor prior to each Board meeting. b. The packet includes an agenda, the prior month's meeting minutes, a financial report (which discloses account balances), list of expenditures, and any relevant correspondences. 1. Payroll information, in the form of check number and amount paid per check, is noted on the list of expenditures. 2. At a regular meeting, the Board will vote to approve the payment of the list of expenditures, including payroll. Cve kus, 17 -022 Page aa. Cveykus routinely voted affirmatively to approve payment of the monthly list of expenditures. 8. The Supervisors and the Secretary/Treasurer maintain signature authority over the Township's financial accounts. a. Township checks require the signatures of the Secretary/Treasurer and any two of the three Supervisors. b. Facsimile signature stamps are not utilized. 9. The Secretary/Treasurer is responsible for processing the payroll for Township employees. a. To assist in payroll distribution, the Road Foreman and the Chief of Police submit bi- weekly timesheets for their respective departments to the Secretary/Treasurer. The timesheets note the employee, hours worked per day and week, and a general description of work performed by the department for each day. 2. The timesheets are verified by the Road Foreman /Chief of Police. aa. The Township uses the terms Road Foreman and Roadmaster interchangeably throughout Township records. 3. The timesheets are not reviewed by a Supervisor and /or the Board prior to or after the issuance of paychecks. aa. Beginning January 2016, timesheets were included in the Board meeting packets per the recommendation of the Township Auditors. 4. The Secretary/Treasurer does not review and /or approve the work/hours listed on the timesheets. b. Upon receipt of the timesheets, the Secretary/Treasurer places the hours /wages for the Secretary/Treasurer, Tax Collector, and Janitor on the Road Department's timesheet. C, The Secretary/Treasurer calculates gross and net pay for each employee based on the hours listed on the timesheets. d. The Secretary/Treasurer drafts the paychecks and obtains the signatures of the Supervisors prior to distribution. 1. The Supervisors are contacted by the Secretary/Treasurer when paychecks are ready to be signed. 2. Supervisors who are readily available generally sign the paychecks at the Township building. if none are available, paychecks are delivered by the Road Foreman /Chief of Police to the Supervisors for their respective signatures. 10. The Auditors convene twice agar to set the compensation of any Supervisor(s) employed by the Township and to present the results of the annual audit. Cyq�, 17 -022 Page 4 a. The Auditors do not set any guidelines in relation to the type of work Supervisors can perform as employees of the Township. b. The Auditors set compensation regardless of whether the Board appoints any Supervisor to an employee position. c. [_The Auditors set the] wages/salary of those Supervisors serving as Roadmaster, laborer, and Secretary/ I reasurer. d. The Auditors established "working Supervisor" compensation for 2012 through 2015 as follows: Year Roadmaster Laborer Secretary/Treasurer 2012 our $11.03ifiour 00 most 2013 $12.08/Fo—ur our $800/montfi 2.08 our .03 our 800 moat 20 5 2. our 03 our moat 11. The Second Class Township Code establishes that the board of auditors shall determine the compensation for a supervisor employed with a township. a. The Second Class Township Code reads, in part: The compensation of supervisors, when employed as roadmasters, laborers, secretary, treasurer, assistant secretary, assistant treasurer or in any employe capacity not otherwise prohibited by this or any other act, shall be determined by the board of auditors, at an hourly, daily, weeklyy, semi - monthly or monthly basis, which shall be comparable to compensation paid in the locality for similar services 53 P.S. § 65606(a). b. The Second Class Township Code further reads, in part: The board of auditors shall determine the compensations for the current year authorized in section 606 for supervisors employed by the township .... 53 P.S. § 65901(a). 12. Township Supervisors have traditionally served as Roadmasters, laborers, or "working Supervisors" on an as- needed basis. 13. Township Supervisors serving as "working Supervisors" are not appointed or designated through any official action of the Board. a. The Board does not vote to appoint Supervisors as Township employees. b. Supervisors who work for the Township are considered general laborers, unless otherwise specifically appointed as Roadmaster. 1. Working Supervisors have historically only provided labor support to the Road Department. 2. Supervisors who are employed by the Township do not hold any managerial positions. Cve kus, 17 -022 aP ge 5 3. Supervisors who are employed by the Township typically work in a part -time capacity. 14. Dan Freiwald ( "Freiwald ") was the Township's Police Chief beginning in January '1991, Zoning and Buildingg Enforcement Officer effective January 2001, and Road Foreman /Roadmaster effective January 2004. a. Freiwald held the aforementioned employment positions until his death on April 15, 2016. 15. Supervisor Larry Marhefka ( "Marhefka ") was the Roadmaster prior to Freiwald's appointment as Road Foreman in January 2004. a. Marhefka and Freiwald were both appointed as RoadmasterlRoad Foreman between 2004 and 2013. 1. Marhefka's service as a Supervisor concluded at the end of 2013. b. In appproximately November 1999, Freiwald began verifying all employee timesheets. C. Freiwald completed the timesheets for each pay period, listing the hours of each Road Crew employee. 1. The timesheets also included the hours of any Supervisor(s) working in a labor capacity. 2. Supervisors were not employed in a full -time capacity. Supervisors worked on an as- needed basis, usually as general labor. 16. Cveykus began claiming hours as an employee for the Township after taking office in 2004. a. Tasks completed by Cveykus were not specified on the timesheets Freiwald completed for the Road Department. b. Cveykus was not appointed to any Township employee position by the Board. 17. Although not formally appointed as a working Supervisor, Cveykus routinely met with Freiwald and Marhefka at the Township building Monday through Friday at 7:00 a.m. a. Cveykus routinely left the Township building between 8:00 a.m. and 9 :00 a.m. to go to his job at the Parish of St. Gregory & Barnabas. 18. Cveykus erformed duties specifically related to his Supervisor position; however, timesheets claimed labor /Road Crew hours. These supervisory duties included, but were not limited to, the following: a. Responding to citizen calls /complaints; b. Accepting walk -in payments for Township garbage collection fees; and C. Signing Township checks. 19. Between June 2012 and December 2015, Freiwald included Cveykus on the Road Department timesheets and recorded Cveykus' hours worked per day. Cveykus, 17 -022 aP gg 6 a. Cveykus' work hours, as documented on Township timesheets, varied between two and twelve hours per day. 1. Cveykus did not perform labor type work for the Road Department on a daily basis. 2. On timesheets, Freiwald identified Cveykus as having worked at least two hours per day for each day, even if Cveykus did not actually work with the Road Department or perform other general labor for the Township on that particular day. 3. In contrast to Cveykus' timesheets created and maintained by Freiwald, personal calendars kept by fellow Road Crew employee John Privish show only 19 hours of general labor performed by Cveykus between 2012 and 2015, for a total of $209.57 in compensation, as follows: Date Type of Work Hours on Timesheet Wages for the Da 12-15-13 Pow Snow 4 $44.12 01-09-14 ow naw 4 8- 8:3hrs- Dumpsters Landfill 01-21-14 ow now 4 $44.12 06 -26 -14 Road Project 2 $22.06 0748__- 4 Road Project 5 5. 5 Totals 19 Hours 209.57 20. The Auditors conduct an annual audit of Township records and present their findings /recommendations to the Board. a. The Secretary/Treasurer provides the pertinent records to the Auditors for review. b. The audit involves a reconciliation of Township accounts, including payroll. 21. During the Township audit in 2016, for calendar year 2015, the Auditors discovered that Cveykus had received holiday pay in 2015 for his position as a working Supervisor. a. The Township Board of Auditors had not previously established that working Supervisors were eligible for holiday pay. b. The Auditors overlooked Cveykus and/or other working Supervisors having received holiday pay in calendar years 2012, 2013, and 2014 when auditing for those years. C. Cveykus claims that he was not aware that he could not collect holiday pay. 22. Between August 2012 and January 2016, Cveykus claimed 1,817 hours of labor as an as- needed, working Supervisor for the Township and received $20,141.51 in wages, as detailed below: Pay Period Dates Worked /Hours Total Hours Gross Pay Paycheck # u 1-15 2012 8 -3:4 h rs - Patched Holes 15 2 5.45 45 $1 Y.03 8- 8:3hrs- Dumpsters Landfill 8- 10:5hrs- Cleaned Ditches 8- 15:3hrs- Dumpter Landfill $50 Mtq. pay Au?. 6 -3 2012 8- 7:2 rs- ut rass 3 $143.39 j $11.03 8- 24:5hrs -Cut Grass I I I Cyg kus, 17 -022 Page 7 Pay Period Dates Worked /Hours Total Gross Pay Paycheck # Hours -3 :6 rs- i ne Checks Sept. 1-15 2 9- 3:8hrs- Holiday 28 358.8 479 $1 1.03 9- 7:5hrs -Blank 9- 10:5hrs -Blank 9- 12:6hrs -Blank 9- 13:2hrs -Blank 9- 14:2hrs -Blank $50 mtg. pay Timesheet not signed Sept. 6 -30 2012 9-21:8hrs-Worked on Jane bt. 2 1 $231.63 1495 $11.03 9- 27:5hrs -Pipe Ronald Replaced 9- 28:8hrs- Worked on Police Building Oct. 1-15 2012 -TT-4-:f-2 rs -Pipe Rona Ditch ntonazzo 7 287.5 5 $11.03 10- 12:5hrs- Police Station $'100 mtg. pay Oct. 6 -3 2 0- 9:4 rs- ore on Antonazzo 5 65.45 528 $11.03 10- 26:8hrs- Worked Around Building 10- 31:2hrs -Dum stets Landfill Nov, 1-15 2012 11 -2:2hrs-Changed U11 arger Worked on 193.39 5 $11.03 Building 11- 9:6hrs- Changed Oil Tahoe Cleaned Vac. Truck 11- 15:2hrs- Worked at Garage $50 mtq. pay ov. - 20 2 - 7: rs- an 28 .84 1557 $11.03 11- 22:8hrs- Thanksgiving Ginder (Paid) 11- 23:5hrs -Off 11- 29:81-irs- Police Building 11- 30:5hrs- Cleaned Trucks Dec. 1-15 20 2 -6: 0 rs- Painte 5 303.69 57 $11.03 12- 7:5hrs- Painted TK5 12- 13:3hrs- Painted TK5 12- 14:5hrs- Worked on Toro $50 mtq. pay Dec. 6 -30 2 0 ours iste 0 o Check $11.03 Jan. 1-15 2 1- 1:8hrs.- Holiday (Paid) 22 $292.66 604 $11.031hour 1- 4:6hrs- Plowed 1- 11:6hrs -Went for Cindered 1- 15:2hrs- Garbage $50 mtq. pay an. 2-013 - 7: rs -P awe in ere 24 $264.72 $11.03 1- 18:5hrs- Plowed Cindered Checked Trucks 1- 25:5hrs- Plowed Where [Needed 1- 26:2hrs- Plowed & Cindered 1- 31:4hrs- Cindered Feb. 1-15 2013 2-1:3hrs-Cheeked Roads o e tic ers 17 $237.51 163211, $11.03 2- 3:2hrs- Plowed and Cindered 2- 8:5hrs- Plowed Rolled Stickers 2- 9:2hrs- Plowed & Cindered 2- 15:5hrs- Plowed & Cindered $50 mtq. Ray Feb. 16 -29 20 2 -22:6 rs- ange i $121.33 647 $11.03 2- 28:5hrs- Delivered Stickers Mar. 1-15 2O 3 3-1:4hrs-Plowed Snow Delivered tic ers 4 $204.42 664 $11.03 3- 8:5hrs- Delivered Stickers 3- 15:5hrs- Patched Holes $50 mtg. eay Mar. 3 3-22: 5h rs-P lowed now 10 $110,30 1681 $11.03 3- 29:5hrs- Worked on E ui ment Apr. - 5 4 -4: 2 rs- atc e Holes 22 2. 6 698 $11.03 4- 5:5hrs- Patched Holes 4- 12:5hrs- Cleaned Streets $50 mtg.pay Apr. 6 -30 2013 - 6:8 rs- ar age 32 $352.96 1113 $11.03 4- 17:8hrs- Landfill Dum stets Cvge kuuss, 17 -022 Rage 8 Pay Period Dates Worked /Hours Total Gross Pay Paycheck # Hours 4- 8:8 rs- wept Streets 4- 26:5hrs -Swept Streets 4- 30:3hrs -Blank -$215.45 May 1-15 20 3 - :6hrs- ut Grass 5 727 $1'f.03 5- 10:5hrs- Cleaned Vac Truck Worked at Building 5- 15:5hrs- Dumpster Landfill $50 rntg.pay ay -3 2013 5- 7:5 rs- ut Grass 23 253.69 42 $11.03 5- 24:5hrs -Cut Grass 5 -27: 8hrs- Memorial Day (Paid) 5- 31:5hrs -Burm Kemp June 1-15 20 6 -7:6 rs- ut rass 9 $259.57 758 $11.03 6- 11:5hrs -Garba e 6- 14:8hrs -Berm Kemp LN $50 rntq. pay June 16-30 2013 6 -2 :8 rs- (;ut Grass Berm Kemp 76.48 77 $11.03 6- 28:8hrs -Patch Holes Jul 1-15 $11y .03 7 -4 :8hrs - Holiday (Paid) 7- 5:8hrs- Worked on Berm Cut Grass 25 25.75 79 7- 12:8hrs -Cut Grass 7 -15:1 hrs- Worked on Berm $50 rntq. Ray Jul - 2013 7-19: 5 rs- ut Grass 4 54.42 5 $11.03 7- 26:5hrs -Cut Grass 7- 31:4hrs -Dum sters Landfill Au?. 1-15 8 -2:4 rs- ove Items to New Police ice 5 5.45 8 $11.03 8- 9:6hrs- Cleaned Drains 8- 15:5hrs -Cut Grass $50 rntq. pay Au?, 6 -3 2013 8- rs- ut Grass 7 87.5 836 $11.03 8- 23:8hrs -Ditch Cushon St. 8- 30:5hrs -Cut Grass ept. - 5 0 3 9 -2 :8hrs -Labor Day Paid) 248.54 $11.03 9- 6 :2hrs -Ditch Vogel St. 9- 13:5hrs -Cut Grass $50 rntg.pay Sept. 16-30-2013 9� -20:5 rs- au a tone 4 54.42 8 5 $11.03 9- 27:6hrs -Cut Grass 9- 30:3hrs- Worked Around Shop Oct. 1-15 20 1:3 10-4:5hrs-Kohler St. 17 $237.51 1882* $11.03 10- 11:8hrs- B laze r Worked On 10- 15:4hrs- Garbage $50 Mtq. pay ct. - 20 3 0- 8: rs- o er t. 99.27 $11.03 10- 25:6hrs- Worked on Trucks --$-2-81.63 ov. 1-15 2013 - :4 rs- ore on Plows 2 4 $11.03 11- 8:5hrs- Painted Cabinets 11 -1 1:8hrs-Worked in Garage 11- 15:4hrs- Worked in Garage $50 rntq. pay -Nov. 16-30 2013 :5 rs- an 23 253.69 $11.03 11- 25:5hrs- Plowed & Cindered 11 -28 :8hrs- Thanksgiving Holiday (Paid) 11- 29:5hrs -Blank Dec. 1-15 20 2 -6:5 rs- Plowed & Cindered 8.54 1945 $11.03 12- 13:5hrs -Blank 12- 14:4hrs- Plowed & Cindered 12- 15:4hrs- Plowed & Cindered $50 rntq. pay Dec. 6 -30 2- 8:8 rs- umpsters Landfill 7.08 96 $11.03 Plow/Cindered 12- 19:8hrs -Run Errands Plowed Off Slush 12 -25 :8hrs -Xmas (Paid) 12- 27:8hrs -Worke on Trucks 12- 31:4hrs -Garbage Jan. 1-15 2014 1 1 -1 :8hrs.- Holida Paid 7 458. 7 Cv eykus, 17 -022 Page 9 Pay Period Dates Worked /Hours Total Gross Pay Paycheck # Hours 03 our - :4 rs- ar age Dump Worked on Trucks 1- 3:4hrs -PC Worked on Trucks 1- 6:4hrs -PC Dumpster Landfill 1- 7:2hrs -PC Worked in Garage 1- 8:2hrs -Pick Garbage 1- 9:4hrs -PC Plowed of Slush 1- 10:4hrs -PC Plowed of Slush 1- 15:5hrs- Dumpster Landfill $50 rntg. pay Jan. 6- 4 - 6:2 rs- an 56 6 7.65 1994 $11.03 1- 17:4hrs- Plowed Snow 1- 18:4hrs- Plowed Snow 1- 19:4hrs- Plowed Snow 1- 20:2hrs- Dumpsters Landfill 1- 21:4hrs -Garba e 1- 22:2hrs- Landfill Truck Froze Up 1- 23:2hrs- Landfill Put Chains on TK 1- 24:8hrs- Plowed & cndered worked on plow 1- 25:4hrs- Plowed & Cindered 1- 26:8hrs- Plowed & Cindered 1- 27:4hrs- Dumpsters & Landfill, Plowed & Cindered 1- 28:2hrs- Plowed & Cindered, Garbage Landfill 1- 29:2hrs- Garbage, Landfill, Rolled Stickers 1- 30:2hrs- Worked on Equipment 1- 31:2hrs- Worked on Equipment Feb. 1-15 2014 -3:9 rs -P an i 149.27 2007* $11.03 $50 mt a Feb. 6 -25 2 -9:8 rs- Dumpsters an Rolled Stickers 8 198.54 022 $11.03 2- 10;8hrs- Garbage 2- 11:2hrs- Landfill Rolled Stickers Mar. 1-15 20 4 - rs- in ere Dumpsters an i 270.60 2038 $11.03 3- 4:2hrs- Garbage 3- 5:2hrs- Landfill Patched Holes 3- 6:2hrs- Delivered Stickers 3- 7:2hrs- Delivered Stickers, Patched Hales 3- 10:2hrs- Patched Holes Dumpsters Landfill 3- 11:2hrs- Garbage 3- 12:2hrs- Landfill Check Drains 3- 13:2hrs- Plowed & Cindered 3- 14:2hrs- Cindered Worked Around Building $50 m# a Mar. 6 -3 20 4 3- 7:2 rs- 20 $220,90 2052 $11.03 3- 18:2hrs- Garbage 3- 19:2hrs- Cindered Patched Holes 3- 20:2hrs- Landfill Worked on Starter 3- 21:2hrs- Cindered Worked on Sings 3- 24:2hrs -L &D Patched Holes 3 -25:1 hr- Garbage 3 -26:1 hr- Cindered Landfill Took Plow Off 3- 27:2hrs- Unloaded Trucks Washed 3- 28:2hrs- Washed Trucks 3- 31:2hrs- Worked on Equipment Apr. - 5 20 4 4-4:6hrs-C leaned Streets Pars Town 18 $248.54 2070 $11.03 4- 11:8hrs- Worked on Vac Truck 4- 15:4hrs- Garbage $50 rntg. pay Apr. 6 -30 2014 4-16:2hrs-D&L Worked on TK TF--2U- 220.60 2084 $11.03 4- 17:2hrs -Swept St. Sonair 4- 18:2hrs- Worked in Office Twp. 4- 21:2hrs -D &L Swept St. Bonair 4- 22:2hrs- Garbage 4- 23:2hrs -D &L Change HDY Filter TKS 4 -24:1 hr-Swept St. Sonair _Cvekuss, 17 -022 aP ge 10 Pay Period Dates WorkedlHours Total Gross Pay Paycheck # Hours 4-25-1 hr-Worked on TK9 4- 2&2hrs -DL Swept St. Bonair 4- 29:2hrs- Garbage 4- 30:2hrs -D &L Swept St. Newton May -152014 - :2 rs- wept Streets 24 $314.72 097 $11y03 5- 2:3hrs -Swept Streets 5- 5:2hrs -D &L Swept St. Clean Ditches 5 -6 :2hrs- Garbage 5- 7:2hrs -D &L Swept St. Clean Ditches 5- 8:3hrs -Swept Streets 5- 9:2hrs -Swept Streets 5- 12:2hrs -D &L Moved Equipment 5- 13:2hrs- Garbage 5- 14:2hrs -D &L Cleaned Equipment 5- 15:2hrs -Cut Grass $50 rntg. pay ay - 2014 - 6:2 rs- ore on Mowers 8 98.54 2 0 $11.03 5- 19:2hrs -D &L Cut Grass 5- 20:2hrs- Garbage 5- 21:2hrs -D &L Patched Sign & Post 5- 22:2hrs -D &L Replaced Sign & Post 5- 23:2hrs -Run Errands 5- 26:8hrs- Holiday -Not Paid 5- 27:2hrs- Garbage Trucks 5- 28:2hrs -D &L Worked on Garbage 5- 29:2hrs -Plows & Spreaders 5- 30:2hrs -Cut Grass June 1-15 2014 6 -2:2 rs- ore on ra er 303.6 2 24 $11.03 6- 3:2hrs- Garbage 6- 4:2hrs -D &L Worked on Grader, Cut Grass 6- 5:2hrs -Cut Grass 6- 6:5hrs -Cut Grass 6- 9:2hrs -Pick Dumpsters Worked on Packers 6- 10:2hrs- Garbage 6- 11:2hrs -D &L 6- 12:2hrs -Clean Drains 6- 13:2hrs -Clean Drains $50 rntg. pay une -30 2fl 4 6- 6:2 rs- ut Grass 3 9.87 2 36 $11.03 6- 17:2hrs- Garbage 6- 18:2hrs -D &L Cut Grass 6- 19:2hrs- Worked on Mower 6- 20:3hrs- Worked on Catskills 6- 23:2hrs- Worked on Catskills 6- 24:2hrs- Garbage 6- 25:2hrs -D &L Cut Grass 6- 26:2hrs -Cut Grass 6- 27:8hrs- Worked on Bank Lower Newton 6- 30:2hrs -Lower Newton Jul -15 2014 7- :2 rs- ar age 358.4 2 53 $1 1.03 7- 2:2hrs -D &L Cut Grass 7- 3:2hrs- Worked Reed Ct. 7- 4:8hrs- Holiday (Paid) 7- 7:2hrs -Cut Grass School 7- 8:2hrs- Garbage 7- 9:2hrs -D &L Trouble with Packer 7- 10:2hrs- Worked at School 7- 11:2hrs- Worked at School 7- 14:2hrs- Worked on Equipment 7 -15 :21-irs- Garbage $50 mtg. pay Jul y 6 -3 2014 7- 6:2 rs- Cleaned Ditches 3 7 2166 $11.03 7- 17:2hrs -Level Dirt School 7- 18:5hrs- Blacktop Gerard St. 7- 21:2hrs -Level Dirt School 7- 22:3hrs -Garbage__ Cyq kus, 17 -022 Page 11 Pay Period Dates WorkedlHours Total Gross Pay Paycheck # Hours 7-23:2hrs-D&L John Deere Mower 7- 24:2hrs -Cut Grass 7- 25:3hrs- Cleaned Intersections 7- 28:2hrs -Blank 7- 29:2hrs- Garbage 7- 30:2hrs -D &L 7- 31:2hrs -Blank Au?. 8- :3 rs- ut Grass 32 402.96 $1 i.03 8- 4:4hrs -Cut Grass 8- 5 :3hrs- Garbage 8- 6:2hrs -D &L Brought Back Paved 8- 7:3hrs -Cold Patch 8- 8:3hrs- Cleaned Paver Worked on Flail Mower 8-11:3hrs -Cut Grass Took Paver to White Tail 8- 12:3hrs -Garbage 8- 13:2hrs -D &L Worked on TK13 8- 14:4hrs -Paved Whitetail 8- 15:2hrs- Cleaned Tools $50 mtg.pay ug. 16 -3 2014 - rs- atc e Holes 7 7.8 2 93 $11.03 8- 19:2hrs- Garbage 8- 20:3hrs -D &L Cleaned Equipment 8- 21:2hrs -Cut Grass 8- 22:5hrs- Worked on Flail Mower, Moved Electronics Equipment for Electronics 8- 25:3hrs- L2ndfill Hauled Electronics 8 -26:2hrs - Garbage /Hauled Electronics 8- 27:2hrs -D &L Electronics 8- 28:3hrs- Electronics 8- 29:2hrs- Worked Around Building e. - 5 2014 9- 9:8hrs- Holiday (Paid) 39 .93 2207 $11.03 9- 2:2hrs- Garbage 9- 3:2hrs -D &L 1 DM 9- 4:2hrs -Cut Grass Flail Mower 9- 5:3hrs -Cut Grass Flail Mower 9- 8:3hrs -DM 9- 9:2hrs- Garbage 9- 10:2hrs -D &L 1 DM 9- 11:2hrs -DM Vacuum Newton 9- 12:2hrs -DM 9- 15:3hrs -DM $50 mt a Se t. -30 2014 9-16:2hrs-C3arbage 24 $264.72 220 $1.03 9- 17:2hrs -D &L Schools Playground 9- 18:2hrs- School Playground 9- 19:3hrs- School Playground 9- 22:2hrs- School Playground 9- 23:2hrs- Garbage 9- 24:3hrs -D &L School Playground 9- 25:2hrs- School Playground 9- 26:2hrs -Cut Grass 9- 29:2hrs- School Playground, Patched Holes 9- 30:2hrs -Garba e Oct. 1-15 4 - :2hrs -D o es Patched 25 325.75 2237* $11.03 10- 2:5hrs -Cut Grass Rolled Roller 10- 3:2hrs -Blank 10- 6:2hrs -Cut Grass 10- 7:2hrs- Garbage 10- 8:2hrs- Dumpsters Landfill Cleaned 10- 9:2hrs- Hauled Stone Patched Newton 10- 10:2hrs- Hauled Stone 10- 13:2hrs -Cut Grass 10- 14:2hrs- Garbage 10- 15:2hrs -D &L Cleaned Shed $50 rntg.pay Cve-I-Z 17 -022 Page e 12 Pay Period Dates Worked /Hours Total Gross Pay Paycheck # Hours Oct. 16-312014 0- 6:2 rs- eane d Shed 24 4.7 2253 $11.03 10- 17:2hrs -Blank 10- 20:2hrs- Cleaned Anex Bldg. 10- 21:2hrs -Garba e 10- 22:2hrs -D &L Worked at Bldg. 10- 23:2hrs- Cleaned Tool Room 10- 24:2hrs -Run Errands 10- 27:2hrs -Waxed Ford Tahoe on Trucks 10- 28:2hrs- Garbage 10- 29:2hrs -D &L Worked on Trucks 10- 30:2hrs- Worked on Trucks 10- 31:2hrs -Run Errands Nov. 1-15 2014 -3:2 rs- arage Door e 7 .6 2269 $11.03 11- 4:2hrs- Garbage 11- 5:2hrs -D &L Put Spreaders On 11- 6:2hrs- Finished Garage Door 11- 10:2hrs -Hung Signs Cleaned Garage 11- 11:2hrs- Garbage 11- 12:2hrs -D &L Loaded Scrap Metal 11- 13:2hrs- Worked on Plows 11- 14:2hrs- Worked on Chevy Run Errands $50 rintp. pay ov. 16 -30 20 4 - 7:2 rs- ut up Signs Chains on 308.84 2284 $11.03 11- 18:2hrs- Garbage 11- 19:2hrs -D &L Chains on Chevy 11- 20:4hrs- Worked on TK #13 11- 21:2hrs -Run Errands Worked on TK #17 11- 24:2hrs- Worked on TK13 &17 Checked Drains 11- 25:2hrs- Garbage 11- 26:2hrs -D &L Plowed & Cindered 11 -27. 8hrs- Thanksgiving Holiday (Paid) 11- 28:21-irs -Run Errands Worked Around Building - Dec. 1-15 20 4 - rs- ore d n Garage 28 408.84 2297 $11.03 12- 2:2hrs- Garbage Cindered 12- 3:2hrs -D &L Worked in Garage 12- 4:4hrs- Patched Holes Hauled Scrap 12- 5 :2hrs- CinderedANorked in Garage 12- 8:4hrs- Worked in Garage & Police Office 12- 9:2hrs- Garbage Cindered 12- 10:2hrs -D &L Worked in Garage 12- 11:2hrs- Plowed & Cindered 12- 12:2hrs- Plowed & Cindered Where Needed 12- 15:4hrs- Worked on Trucks $100 rntq.pay ec. - 4 2- 6:2hrs- ar a e 0 3 23 $11.03 12- 17:2hrs -D &L Cleaned Garage 12- 18:2hrs -Run Errands Worked in Garage 12- 19:2hrs- Cindered Roads Run Errands 12- 22:2hrs- RoadlDrain Worked in Garage 12- 23:2hrs- Garbage 12- 24:2hrs -D &L Rolled Stickers 12- 25:8hrs -Xmas Holiday (Paid) 12- 26:2hrs -Run Errands Worked in Garage 12- 29:2hrs -Check Roads Rolled Stickers 12- 30:2hrs- Garbage 12- 31:2hrs -D &L Check Roads Jan. 1-15 2015 1- 1:8hrs -New Years Holiday (Paid) 3 9 $480.17 2 $11.031hour 1- 2:2hrs- Worked in Office 1- 5:4hrs- Plowed & Cindered 1- 6:4hrs- Garbage Plowed & Cindered 1- 7:4hrs- Garbage Landfill 1- 8:2hrs -P &C D &L 1- 9:5hrs- Landfill Rolled Stickers 1- 12:4hrs- Plowed off Drifts Cage 13 17 -022 Page Pay Period Dates WorkedlHours Total Gross Pay Paycheck # Hours - 3: rs -P owe off Slush 1- 14:2hrs- Garbage P &C 1- 15:2hrs- Worked at Garage $50 mtg. pay an. 16-312015 - : rs -P 29 $319.87 2346 $11.03 1- %6hrs -P &C Rolled Stickers 1- 20:3hrs -Garbage 1- 21:4hrs -D &L P &C Rolled Stickers 1- 22:4hrs -PC Weld Plow TK13 1- 23:2hrs -Weld Plow TK13 1- 26:2hrs -PC Rolled Sticker Feb. - 5 2 0 T ours U ste 0 0 o Pay $11.03 e -28 20 5 No Ho urs isted 0 0 No Pay $11.03 Mar. - 5 2015 0 ours Listed 0 a ay $11.03 Mar. - 20 5 - 6:2 rs- ix ipe uzon atc e Holes 6 $286-78 4 $11.03 3- 17:2hrs- Garbage 3 -18:2hrs -D &L Patched Holes Hipp St. 3- 19:2hrs- Worked on TR3 Patched Holes 3 -20 :2hrs -P &C 3- 23:2hrs- Worked on Plow Tk13 &7 3- 24:2hrs- Garbage 3- 25:2hrs -D &L Checked Drains 3- 26:2hrs -Swept St. Bonair 3- 27:2hrs -Swept St. Bonair 3- 30:2hrs- Worked on Ditches Bonair 3- 31:2hrs -Garba e pr. 1-15 20 5 4-1:2 rs-U&L bwept Streets 303. 2422 $11.03 4- 2:2hrs -Swept Streets 4- 3:2hrs -Swept Streets 4- 6:3hrs -Swept Intersection 4- 7:2hrs- Garbage 4- 8:2hrs -D &L Cleaned Trucks 4- 9:2hrs -Swept Streets 4- 10:2hr9-Swept Streets 4- 13:2hrs -Swept Streets 4 -14 -2hrs- Garbage 4 -15- 2hrs -D &L $50 rntg. pay -6--30-2-0-15 Apr. 4- 6:2 rs- wept Newton 264.7 24 $11.03 4- 17:2hrs -Swept Martin Kemp Fox Run 4- 20:2hrs- Worked on Vac TK9 4- 21:4hrs- Garbage 4- 22:2hrs -D &L Worked on TK9 4- 23:2hrs- Worked on TK5 and TK6 4- 24:2hrs- Worked on TK6 4- 27:2hrs- Worked on TK9 & Case Sweeper 4- 28:2hrs- Garbage 4 -29- 2hrs- Durnpsters and Landfill 4- 30- 2hrs - Worked Around Building ay 1-15 2015 6_-1: 2 rs- ower Washed Trucks 33 .7 45 $11.03 5- 4:2hrs- Worked on Case International 5- 5:2hrs- Garbage 5- 6:4hrs -D &L Worked on Case International 5- 7:2hrs -Cut Grass 5- 8:2hrs -Cut Grass Rolled Field Bonair 5- 11:2hrs- Worked on Vac Truck Rolled School Field 5- 12:2hrs- Garbage 5- 13:2hrs -D &L Cut Grass 5- 14 -4hrs- Patched Holes 5- 15- 2hrs - Patched Holes $50 mtg.pay May 16-31 2015 5- rs -Patc e Holes 28 308.84 2469 $1'f.03 5- 19:2hrs -Garba e Cve kus, 17 -022 age Pay Period Dates WorkedlHours Total Gross Pay Paycheck # Hours 5-20:2hrs-D&L Worked on TK6 5- 21:4hrs- Painted TK6 5- 22:2hrs -Cut Grass 5- 25:8hrs- Memorial Day Holiday (Paid) 5- 26:2hrs- Garbage 5- 27:2hrs -D &L Cut Grass 5- 28:2hrs- Worked on Door 5- 29:2hrs -Cut Grass June 1-15 2015 6-1:2hrs-Patched Holes Cut Grass 2 292.6 2483 $11.03 6- 2:3hrs- Garbage 6- 3:2hrs -D &L Put Picnic Tables Together 6- 4:2hrs- Worked on Tables Cut Grass 6- 5:2hrs -Cut Grass Patch Holes 6- 8:2hrs -Cut Grass Cleaned Drains 6- 9:3hrs- G2rbage Worked on Broom 6- 10:2hrs -D &L Worked Around Building 6 -11 :2hrs -Cut Grass Worked on Broom 6 -12 -2hrs -Swept Streets Cut Grass $50 mtg.pay June 16-30 2015 6- rs- ar age Cleaned Ar9und Bldg. 32 $352.96 2499 $11.03 6- 17:2hrs -D &L Dug Ditch Bonair 6- 18:2hrs -Ditch Work Carmel St. 6 -19:2hrs- Cleaned Ditches & Drains 6- 20:6hrs -Heavy Rain Wash Outs 6- 21:2hrs -Blank 6-22:2 hrs- Replaced Pip Roberts Rd. 6- 23:2hrs- Garbage 6- 24:2hrs -D &L Carmel St. Washout 6- 25:2hrs- Carmel St. Wash Out 6- 26:3hrs- Carmel St. Wash Out 6- 29:2hrs- Roberts Rd. Replaced Pipe 6- 30:2hrs -Garbs e Jul - 5 20 5 7-1:2hrs-L)&L Gleaned Ditches Ro erts . 35 $436.05 25184 $11.03 7- 2:2hrs- Worked on Kohler St. 7- 3:8hrs- Holiday Paid) 7- 6:8hrs- Checked rains Worked at Bldg. 7- 7:2hrs- Garbage 7- 8:2hrs -D &L Worked at Garage 742hrs- Worked on Catskill & Carmel 7- 10:3hrs- Worked on Carmel & Martin Rd. 7 -13 :2hrs- Worked on Roberts Rd. 7 -14- 2hrs - Garbage 7- 15:2hrs -D &L $50 mtg.pay Jul 6 -3 7- 6:2 rs- san o n. 3 41.93 5 $1 N3 7- 17:2hrs- Ofsanko Ln. 7- 202hrs -Martin Rd. 7- 21:2hrs- G2rbage 7- 22:3hrs- Dumpsters & Landfill 7-2 3:3 hrs- Roberts Rd. 7- 24:6hrs -Cshon St. 7- 27:2hrs- Kohler St. 7- 28:2hrs- Garbage 7 -29 -2hrs- Dumpsters Landfill Kohler St. 7- 30:3hrs- Worked at Building One Way 7- 31:2hrs- Kohler St. Au 1-1520i5- 8 -3:2 rs- ore at Building 24 2550 $1 Y.03 8 -4 :3hrs- Garbage 8- 5:3hrs -D &L Berm Roberts Rd. 8- 6:2hrs -Berm Roberts Rd. 8- 7:2hrs -Berm Roberts Rd. 8- 10:2hrs -Berm Martin Rd. 8- 11:2hrs- Garbage 8- 12:2hrs -D &L Berm Martin Rd. 8- 13:3hrs -Berm Martin Rd. 8- 14- 3hrs -Berm Martin Rd. $50 mtq.pay Cveykus, 17 -022 Page Pay Period Dates Worked /Hours Total Gross Pay Paycheck # Hours Au?, - 2015 8- 7: rs- inis a Martin 5 584.59 5 $11.03 8- 18:3hrs -Garbage 8- 19:2hrs -D &L Worked on Back Hog 8- 20:3hrs -Cut Grass Bonair 8- 21:5hrs -Tires Back Hog Run Errands 8- 24:10hrs -Paved Hornet Ave. 8- 25:3hrs- Garbage Cut Grass 8- 26:2hrs -D &L Paved Hornet Ave. 8- 27:10hrs -Paved Hornet Ave. 8- 28 -10hrs -Paved Saipan & Odax 8- 31:3hrs -Moved Equipment Sept. 1-15 2015 9- :2 rs- ar age ec Equipment 30 380.9 258 $11.03 9- 2:3hrs -Paved Lower Newton 9- 3:3hrs- Paved Upper Newton 9- 4:2hrs -D &L Worked on Trucks 9- 7:8hrs- Holiday (Paid 9- 8:2hrs- Garbage Cut Grass 9- 9:2hrs -D &L Paved Upper Newton 9- 10:2hrs- Repaired Trucks 9- 11:2hrs -Paved Martin Rd. 9- 14:2hrs -Paved Martin Rd. 9- 15:2hrs- Garbage $50 mtg. pay Sept. 6 -30 2015 No Hours Listed 0 0 No Pay $11.03 -2617 Oct. - 5 20 5 - 2:3 rs -Pave inger oot y ine 5 65.45 $11.03 10- 13:5hrs- Garbage 10- 14:4hrs -D &L Hauled Anti Skid 10- 15:3hrs- Worked Around Building Oct. 6 -3 5 0- 6: rs- F 26 $286.78 2647 $11.03 10-1 9:3h rs-C ut Trees Back 10- 20:3hrs- Garbage 10- 21:2hrs -D &L Fix Berm Hornet 10- 22:2hrs -Cold Patch Where Needed 10- 23:3hrs -Berm Vogel Cut Grass Building 10- 26:2hrs -Run Errands 10- 27:2hrs- Garbage 10- 28:2hrs -D &L Check Drain 10- 29:2hrs- Worked on Berms 10- 30:2hrs Worked on Berms Nov. 1-15 2015 11 - :2 rs- ut Trees Newton Morton 2 81.63 0 $11.03 11- 3:2hrs- Garbage 11- 4:2hrs -D &L Patched Room Annex 11- 5:2hrs- Worked on Trailer 11- 6:2hrs- Worked on Trailer 11- 9:2hrs- Worked on Trailer Picked up Paver 11- 10:2hrs- Garbage 11 -1 1:2hrs-D&L Worked on TK2 11- 12:2hrs -Got TK2 Read to Plow 11- 13:3hrs- Worked on TKy3 and Roller $50 mtq. pay Nov. 2 5 - rs- ore on aver 34 5.02 2 $11.03 11- 17:2hrs- Garbage 11- 18:2hrs -D &L Worked on Paver 11- 19:2hrs- Landfill BroughtTK Back Slicks 11- 20:2hrs -Put Spreader & Plow On 11- 23:2hrs- Worked on Hitch TK1 11- 24:2hrs- Garbage 11 -25:2h rs -D &L 11 -26: 8hrs- Holiday 11 -14:8hrs - Holiday 11- 30:2hrs- Worked on Hitch TK1 $50 mtg. pay Dec. - 15 2015 2- :2 rs- ar age 26 $336.78 2682 $11.03 12- 2:2hrs -D &L Worked on Paver 12- 3:2hrs- Worked on Paver Checked Roads Icy Sots Cveykus, �17 -022 age T6 Pay Period Dates Worked /Hours Total Gross Pay Paycheck # . 8 Signatories Hours 529.44 2014 48 12-4:2hrs-Winterized Equipment Outside 20 5 56 $617.68 Total 12- 7:3hrs- Worked on TK4 1,853.04 1479 358.84 Yes 12- 8:3hrs- Garbage 3-0 vote P M 95 231.63 12- 9:3hrs -D &L Checked Equipment 11-5-12 1512 287.51 Yes 12- 10:3hrs -Doge [sic] Ditch Bonair 3 -0 vote P 5 65.45 12- 11:2hrs- Worked on Spreader Box —12-3-12 543 9 es 12- 14:2hrs- Worked on TK4 3 -0 vote 557 8.84 12- 15:2hrs- Garbage --T--7-13 57 303.69 Yes $50 mtg.pay 2-0 vote —2-4-13 Dec. 16 -3 20 5 2- 6:2hrs -D ore on 2 30 es 2696 $11.03 12- 17:2hrs- Worked on TK12 & Paver 264.72 JP, LM, 3-4-13 2 12- 18:2hrs- Worked on TK12 and Paver es es -0 vote 12- 21:2hrs- Worked on TK1, 3,13 121,33 12- 22:2hrs- G2rbage 12- 23:2hrs -D &L Worked on TK3 12- 24:2hrs -Took Brock CDL 12- 25:8hrs- Holiday (Paid) 12- 28:2hrs- Checked Roads Worked on Paver 12- 29:2hrs- Garbage Icy Condition . 12- 30:2hrs -D &L Checked Roads 12- 31:2hrs- Worked on Paver $50 mtg. pay Totals ,8 ( Hours "Includes meeting pay compensation as a I ownsnip Supervisor. **Includes $2,100.00 in meeting pay compensation. a. Of the 1,817 hours for which Cveykus was paid, a minimum of 40 hours (totaling $441.20 in wages) consisted of Cveykus traveling to Harrisburg, Pennsylvania, with Freiwald on five separate occasions to purchase Township vehicles /equipment. b. Of the 1,817 hours, Cveykus was paid for 168 hours of holiday pay (totaling $1,853.04) which had not been authorized by the Township Board of Auditors, as detailed below: Time Period Holiday Hours Total Holiday Pa June - December 2012 16 . 8 Signatories 48 529.44 2014 48 $529.44 20 5 56 $617.68 Total 168 1,853.04 23. From September 2012 to December 2015, Cveykus regularly voted affirmatively to approve payroll and served as an authorized Township signatory on paychecks issued to himself, as detailed below: Meeting Date Check No. Check Amt. Cveykus Present Cveykus Vote Final Vote Signatories 9-4-12 4-5T- 2 5.45 Yes es 3 -0 vote 466 143,39 0- - 1479 358.84 Yes es 3-0 vote P M 95 231.63 11-5-12 1512 287.51 Yes es 3 -0 vote P 5 65.45 P L —12-3-12 543 9 es es 3 -0 vote 557 8.84 P M --T--7-13 57 303.69 Yes Yes 2-0 vote —2-4-13 1604 92.66 Yes es 3 -0 vote 1619 264.72 JP, LM, 3-4-13 2 237.5 es es -0 vote 647 121,33 CveVku...s_, 17 -022 aP ge 17 Meeting Date Check No, Check Amt. Cveykus Present Cveykus Vote Final Vote Signatories 4-1-13 -f 204.42 Yes es 3 -0 vote P, LM 68 P 5-6-13 1698 292.66 es es - vote P 1713 352.96 P, LM, 6-3-13 1727 05.45 Yes es 2 -0 vote P 742 JP, 7-1-13 75 259.57 Yes es 3 -0 vote 76.48 JP,L M 8 -5- 3 1790 $325.75 Yes Yes 3 -0 vote P LM 805 5442 P 9-3-13 $215.45 Yes es 3 -0 vote -1836 87.5 P 0 -6- 849 8.54 es es 3 -0 vote P 1865 154.42 P, LM, KF -11-4-13 2 $237.51 Yes es 3 -0 vote P M 898 $99,27 P 12-2-13 1914 -$-281.63 es es - vote 253.69 1-6-14 1945 $248.54 Yes es 3 -0 vote P M 96 397.08 2-3-14 7 458. es Yes 3 -0 vote P, JR, 994 7. P R 3-3-14 2007 49.27 es es - vote P 98.54 i P R 4-7-14 2038 $270,60 Yes es 3 -0 vote P R 2052 $220.60 -5-5-14 2070 $248.54 es es 3 -0 vote JP, JR, 2084 $220.60 P R 6- - 2097 3 4.72 Yes es 2 -0 vote 0 $198.54 P R 7-2-14 2 24 03.69 Yes es 3-0 vote P $319.87 8-4-14 2153 5 es Yes 3 -0 vote P R 2f6-6 $319.87 9-2-14 9 $402.96 es es 3 -0 vote P, JR, 2193 $297.81 R 70--674- 2207 --$-391.93 es es 3 -0 vote 220 $264J2 JP, JR, 11-4-14 2237 3 5.75 Yes es -0 vote P 2253 264.72 JP, KF, 12-1-14 2269 7 es Yes 3 -0 vote P F 2284 308.84 1-5-15 2297 $408.84 Yes es 2 -0 vote JP, KF, 2314 $330,90 P F 2-2-15 2330 480.7 es es - vote 234 3 9.87 MS, JR, F 4-6-15 2407 $286.78 Yes Yes 3 -0 vote M F 5-4-15 2422 303.69 Yes es 3-0 vote 24 264.72 6-1-15 2454 $336.78 Yes es -0 vote M S JR 2469 $308.84 7-6-15 4 292.66 Yes es 3 -0 vote S, JR, 2499 $352.96 S. KF, 8-3-15 2518 436.05 Yes es - vote 2535 $-341.93 S, KF, -9---8-15 550 47 es es 3 -0 vote M S KF 2565 $584.59 10-5-15 2581 $-3-80.90 Absent AUsent 2 -0 S, KF, -1--2-15 2617 5. es es 2-1 vote M 2647 $286.78 12-7-15 28 .63 es es 2 -0 vole F 2666 .02 26 336.78 of on Boar of Suj3e rvisors Cve 17 -022 age 18 Meeting Date Check No. Check Amt. Cveykus Present Cveykus Vote Final Vote Signatories 2696 $380.90 a. Cveykus voted to approve 74 of the 75 paychecks issued to himself, totaling $19,192.93, not including his Supervisor meeting pay. Cveykus was absent from the October 2015 Board meeting at which check no. 2581 was approved for payment. b. Cveykus signed 70 of the 77 paychecks issued to himself, totaling $18,801.73, not including his Supervisor meeting pay. Cveykus routinely signed his own paychecks while meeting in the mornings with Freiwald at the Township building. C. Cveykus did not review or approve any of the Road Department timesheets from 2012 to 2015. Cveykus did not question or object to his receipt of Township pay, nor did he make comments as to the amounts received, otherthan to vote affirmatively to issue pay to himself. 24. On August 29, 2017, Cveykus was interviewed by representatives of the Investigative Division, during which Cveykus claimed, in part, the following: a. Cveykus normally came to the Township building in the morning to "make an appearance," discuss with Freiwald the upcoming day's work, listen to messages left on the Township's answering machine, and handle any supervisory- related matters that needed to be immediately addressed. b. Cveykus worked as- needed for the Township when the work did not interfere with his personal schedule. C. Cveykus expected to be compensated the general labor hourly wage for the time he "made an appearance" at the Township building even if his assistance was not needed for that day. d. Cveykus did not track hours or submit hours to Freiwald nor did Cveykus review the timesheets Freiwald completed, which included the hours "worked" by Cveykus. THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT CVEYKUS FAILED TO FILE A COMPLETE AND ACCURATE STATEMENT OF FINANCIAL INTERESTS FORM FOR THE 20115 CALENDAR YEAR. 25. Section 1104(a) of the State Ethics Act sets forth that each public official of the Commonwealth shall file a Statement of Financial Interests ( "SFI ") for the preceding calendar year with the Commission no later than May 1 of each year that he holds such position and of the year after he leaves such position. a. Cveykus was required to file an SFI by May 1 st annually in his position as a Supervisor. 26. On May 5, 2016, and July 26, 2017, the Investigative Division completed an SFI compliance review of the Township, during which Cveykus' SFIs for calendar years 2012, 2013, 2014, and 2015 were reviewed. Cve kus, 17022 age 27. Block 10 of the SFI form requires the disclosure of the name and address of any direct or indirect sources of income totaling in the aggregate $1,300.00 or more. a. Cveykus failed to disclose the Township as a source of income on his 2015 calendar year filing. 28. On September 18, 2017, Cveykus' amended 2015 calendar year SFI was received at the Pittsburgh Regional Office of the State Ethics Commission. a. The amended SFI for calendar year 2015 was dated September 16, 2017. b. Cveykus disclosed the Township as a source of income in calendar year 2015 on the amended SFI. 29. George Cveykus, a public official /public employee in his capacity as a Supervisor for Conemaugh Township, Cambria County, realized a private pecuniary gain when he utilized the authority of his public position to assume a position of employment with the Township, absent appointment or authorization by the Board of Supervisors and/or Township Board of Auditors; when he subsequently set his own scope and hours of work, including seeking compensation for administrative duties within his role as an elected Township Supervisor; when he participated in official actions of the Board of Supervisors to approve payment of wages /salary to himself; when he served as a Township signatory on paychecks issued to him from public monies; when he authorized and/or received wages/salary as holiday pay as a part-time/as- needed Township employee at a time he was not eligible to receive same; and when he failed to includeldisclose the Township as a source of income on an SFI filed for the 2015 calendar year. Com ensation Amount 2012 e tember to stem er 1,654.50 2013 $4,543.63 2014 6 872.42 2015 6 353.28 20 (January) 617.68 Total $20,141-51 a. Of the $20,141.51 that Cveykus received from the Township, $1,853.04 (168 hours) was specifically related to holiday pay. b. In addition to wages/salary, Cveykus received $550.00 (2015 meeting pay) from public monies at a time when he did not maintain a properly filed and complete SFI with the Township. III. DISCUSSION: As a Supervisor for Conemaugh Township ( "Township "), Cambria County, from January 5, 2004, until December 31, 2015, Respondent George Cveykus, also referred to herein as "Respondent," "Respondent Cveykus," and "Cveykus," was 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 Cveykus violated Sections 1103(a), 1104(a), 1104(d), and 1105(b)(5) of the Ethics Act: (1) when he utilized the authority of his public position to assume a position of employment with the Township, absent appointment or authorization by the Township Board of Supervisors and /or Township Board of Auditors; (2) when he subsequently set his own scope and hours of work, including seeking compensation for administrative duties within his role as an elected Township Supervisor; (3) when he participated in official actions of the Township Board of Supervisors to approve payment of wages /salary to himself; (4) when he served as a Township signatory on paychecks issued Cv_., gyMO 17 -022 Page 20 to himself from public monies; (5) when he authorized and /or received wages/salary as holiday pay as a part - time /as- needed Township employee at a time he was not eligible to receive same; and (6) when he failed to include /disclose the Township as a source of income upon a Statement of Financial Interests ( "SFI ") filed for the 2015 calendar year. Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest: § 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 pecuniary benefit of the public official /public employee himself, any member of his immediate family, or a business with which he or a member of his immediate family is associated. Section 1104(a) of the Ethics Act provides that each public official /public employee must file an SFI for the preceding calendar year, each year that he holds the position and the year after he leaves it. Section 1104(d) of the Ethics Act provides that no public official shall be allowed to take the oath of office, or enter or continue upon his duties, nor shall he receive compensation from public funds, unless he has filed an SFI as required by the Ethics Act. Section 1105(b) of the Ethics Act and its subsections detail the financial disclosure that a person required to file the SFl 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. Cveykus, 17 -022 age 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. Cveykus served as a Township Supervisor ( "Supervisor ") from January 5, 2004, until December 31, 2015. Cveykus served as Vice Chairman of the Township Board of Supervisors ( "Board of Supervisors ") from 2013 to 2014 and as Chairman of the Board of Supervisors in 2014 and 2015. The Board of Supervisors consists of three Members. The Supervisors and the Township Secretary/Treasurer ( "SecretarylTreasurer") maintain signature authority over the Township's financial accounts. Township checks require the signatures of the Secretary/Treasurer and any two of the three Supervisors. The Secretary/Treasurer is responsible for processing the payroll for Township employees. The Township Road Foreman / Roadmaster and the Township Chief of Police verify and submit bi- weekly timesheets for their respective departments to the Secretary/Treasurer. The timesheets note the employee, hours worked per day and week, and a general description of work performed by the department for each day. The Secretary/Treasurer prepares paychecks based on the timesheets and contacts the Supervisors when paychecks are ready to be signed. Supervisors who are readily available generally sign the paychecks at the Township building. If no Supervisors are readily available, the paychecks are delivered to the Supervisors for their signatures. The Board of Supervisors approves the Township employee payroll as part of the list of expenditures approved at regular monthly meetings c- the Board of Supervisors. Supervisors have traditionally worked for the Township as Roadmasters, laborers, or "working Supervisors" on an as- needed basis. Supervisors serving as working Supervisors are not appointed or designated through any official action of the Board of Supervisors. Unless otherwise specifically appointed as Roadmaster, Supervisors who work for the Township are considered general labor. Pursuant to the Second Class Township Code, the Township Board of Auditors ( "Board of Auditors ") shall determine the compensation for Supervisors employed by the Township. See, 53 P.S. §§ 65606(a), 65901(a), The Board of Auditors sets the compensation for Supervisors serving as Roadmaster, laborer, or Secretary/Treasurer. Cveykus began claiming hours as an employee for the Township after taking office as a Supervisor in 2004. Cveykus set his own scope and hours of work. Each weekday, Cveykus routinely met with Road ForemanlRoadmaster Dan Freiwald ( "Freiwald ") and Supervisor Larry Marhefka at the Township building at 7:00 a.m. and then left between 8:00 a.m. and 9:00 a.m. to go to his job as a maintenance worker for the Parish of St. Gregory & Barnabas. Between June 2012 and December 2015, Freiwald included Cveykus on the Road Department timesheets. The timesheets claimed labor /Road Crew hours. Cveykus' work hours, as documented on the timesheets, varied between two and twelve hours per day. Freiwald recorded on the timesheets that Cveykus worked at least two hours per day for each day even if Cveykus did not actually work with the Road Department or perform other general labor for the Townshi on that particular day. Although the timesheets claimed faborlRoad Crew hours, Cveykus performed duties specifically related to his supervisory Po sition , including but not limited to responding to citizen calls /complaints, accepting walk - in payments for Township garbage collection fees, and signing Township checks. The Board of Auditors annually conducts an audit of the Township accounts, including payroll. During the audit for calendar year 2015, the Auditors discovered that Cveykus had received holiday pay in 2015 for his position as a working Supervisor. The Board of Auditors had not previously established that working Supervisors were eligible to Cveykus, 17 -022 Page 22 receive holida pa p y. When the Auditors conducted audits of the Township accounts for calendaryears 2012, 2013, and 2014, they overlooked that Cveykus andlor other working Supervisors had received holiday pay in those calendar years. For the time period from August 2012 through December 2015, Cveykus claimed 1,817 hours of labor as an as- needed, working Supervisor. Cveykus received wages totaling $20,141.51 for the hours he claimed for that time period. The wages paid to Cveykus included $1,853.04 for 168 hours of holiday pay that had not been authorized by the Board of Auditors. Cveykus signed, as an authorized Township signatory, 70 of 77 paychecks that were issued to him for the hours he claimed, and he voted 38 times to approve Township payroll that included paychecks issued to him for those hours. In May 2016 and July 2017, the Investigative Division of the Commission conducted SFI compliance reviews of the Township. Cveykus' SFIs for calendar years 2012, 2013, 2014, and 2015 were on file with the Township. Cveykus failed to disclose the Township as a source of income on his SFI for calendar year 2015. On September 18, 2017, the Pittsburgh Regional Office of the Commission received Cveykus' amended SFI for calendar year 2015. Cveykus' amended SFI for calendar year 2015 disclosed the Township as a source of income. 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: 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 Cveykus utilizing the authority of his office to assume a position of employment with the Township, absent appointment or authorization by the Board of Supervisors and/or Board of Auditors, thereby setting his own hours of work and rate of pay; b. That a violation of Section 1103(a) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Cveykus voting to approve payment of wages /salary to himself, and serving as a Township signatory on paychecks issued to himself from public funds. C. 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 Cveykus authorizing and receiving holiday pay as a Township employee when he was not eligible to receive such pay; That a violation of Section 1105(b)(5) of the Public Official and Employee Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Cveykus neglected to disclose Conemaugh Township as Cvykus, 17 -022 P ee age 23 a source of income on his 2015 calendar year Statement of Financial Interests; and The Investigative Division is not seeking an disgorgement pursuant to 65 Pa.C.S. § 1'10Q of the Ethics Act as Cveykus subsequently amended his Statement of Financial Interests. Cveykus agrees to make payment in the amount of $2,353.04 in settlement of this matter payable as follows: Cveykus a rees to make payment in the amount of $1,8534 in settlement of this matter payable to Conemaugh Township and forwarded to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Cveykus agrees to make an additional payment of $500.00 representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, which shall be made payable to the Pennsylvania State Ethics Commission within thirty (30) days of the issuance of the final adjudication in this matter. Cveykus agrees to not accept any reimbursement, compensation or other payment from Conemaugh Township representing a full or partial reimbursement of the amount paid in settlement of this matter. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter; and make no specific recommendations to an law enforcement or other authority to take action in this mater. Such, however, does not prohibit the Commission from initiating apppropriate 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 1-2. In considering the Consent Agreement, we accept the parties' recommendations for findings that violations of Section 1103(a) of the Ethics Act occurred in relation to Cveykus: (1) utilizing the authority of his office to assume a position of employment with the Township, absent appointment or authorization by the Board of Supervisors and/or Board of Auditors, thereby setting his own hours of work and rate of pay; (2) voting to approve payment of wageslsalary to himself and serving as a Township signatory on paychecks issued to himself from public funds; and (3) authorizing and receiving holiday pay as a Township employee when he was not eligible to receive such pay. Cveykus began claiming hours as an employee for the Township after taking office as a Supervisor in 2004, and he set his own scope of work and hours. The Board of Supervisors had not appointed Cveykus to a position of employment with the Township. But for being a Supervisor, Cveykus would not have been able to assume a position and claim hours as a working Supervisor for the Township. Cveykus, 17 -022 Page 24 For the time period from August 2012 through December 2015, Cveykus claimed 1,817 hours of labor as an as- needed, working Se upervisor. Cveykus received wages totaling $20,141.51 for the hours he claimed fort at tim eriod. The hours that Cveykus claimed included 168 hours of holiday pay, totaling p$1,853.04, that had not been authorized by the Board of Auditors. But for being a Supervisor, Cveykus would not have been in a position to claim and receive such unauthorized holiday pay as a working Supervisor. Cveykus utilized the authority of his office: (1) when he signed 70 of 77 paychecks that were issued to him for the hours he claimed; and (2) when he voted 38 times to approve Township payroll that included paychecks issue to him for those hours. Based upon the Stipulated Findings and the Consent Agreement, we hold that Cveykus violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a ), in relation to his utilization of the authority of his office to assume a position of employment with the Township, absent appointment or authorization b the Board of Supervisors and/or Board of Auditors, thereby setting his own hours of work and rate of pay. We hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Cveykus voting to approve payment of wages /salary to himself and serving as a Township signatory on paychecks issued to himself from public funds. We further hold that a violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Cveykus authorizing and receiving holiday pay as a Township employee when he was not eligible to receive such pay. Turning to the allegation regarding Cveykus' SFI for the 2015 calendar year, we accept the recommendation of the parties, and we hold, that a violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Cveykus neglected to disclose the Township as a source of income on his 2015 calendar year SFI. It appears that the Investigative Division in the exercise of its prosecutorial discretion has elected to non pros the alleged violation of Section 1104(a) of the Ethics Act, in that the parties, through the Consent Agreement, are disposing of the SFI allegation solely through the recommended violation of Section 1105(b)(5) of the Ethics Act. We note that the Investigative Division is not seeking any disgorgement of Cveykus' Supervisor compensation pursuant to Section 1104(d) of the Ethics Act, 65 Pa.C.S. § 1104(d). As part of the Consent Agreement, Cveykus has agreed to make payment in the total amount of $2,353.04 in settlement of this matter as follows. Cveykus has agreed to make payment in the amount of $1,853.04 pa able to Conemaugh Township and forwarded to this Commission within thirty (3O} days of the issuance of the final adjudication in this matter. Cveykus has agreed to make payment in the amount of $500.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment to be forwarded to this Commission within thirty (30) days of the issuance of the final adjudication in this matter. Cveykus has further agreedd 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. We determine that the Consent Agreement submitted by the parties sets forth a pr er disposition for this case, based upon our review as reflected in the above analysis and op the totality of the facts and circumstances. Accordingly, per the Consent Agreement of the parties, Cveykus is directed to make payment in the amount of $1,853.04 payable to Conemaugh Township and forwarded to Cveykus, 17 -022 Page 25 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, Cveykus is directed to make payment in the amount of $500.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment 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, Cveykus 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 foreggoing will result in the closing of this case with no further action by this Commission. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. As a Supervisor for Conemaugh Township ( "Township "), Cambria County, from January 5, 2004, until December 31, 2015, Respondent George Cveykus ( "Cveykus ") was a public official subject to the provisions of the Public Official and Employee Ethics Act ( "Ethics Act "), 65 Pa.C.S. § 1101 et sect. 2. Cveykus violated Section 1103(a) of the Ethics Act, 65 Pa.C.S. 1103(a), in relation to his utilization of the authority of his office to assume a position of employment with the Townshipp, absent appointment or authorization by the Township Board of Supervisors andlor Township Board of Auditors, thereby setting his own hours of work and rate of pay. 3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Cveykus voting to approve payment of wages /salary to himself and serving as a Township signatory on paychecks issued to himself from public funds. 4. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a ), occurred in relation to Cveykus authorizing and receiving holiday pay as a Township employee when he was not eligible to receive such pay. 5. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Cveykus neglected to disclose the Township as a source of income on his 2015 calendar year Statement of Financial Interests. In Re: George Cveykus, File Docket: 17 -022 Respondent Date Decided: 6127118 Date Mailed: 716118 ORDER NO. 1736 As a Supervisor for Conemaugh Township ( "Township ") Cambria County, George Cveykus ( °Cveykus ") violated Section 1103(a) of the Public Official and Employee Ethics Act ("Ethics Act "), 65 Pa.C.S. § 1103(a), in relation to his utilization of the authority of his office to assume a position of employment with the Township, absent appointment or authorization by the Township Board of Supervisors and/or Township Board of Auditors, thereby setting his own hours of work and rate of pay. 2. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S.1 1103(a), occurred in relation to Cveykus voting to approve payment of wages salary to himself and serving as a Township signatory on paychecks issued to himself from public funds. 3. A violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in relation to Cveykus authorizing and receiving holiday pay as a Township employee when he was not eligible to receive such pay. 4. A violation of Section 1105(b)(5) of the Ethics Act, 65 Pa.C.S. § 1105(b)(5), occurred when Cveykus neglecte to disclose the Township as a source of income on his 2015 calendar year Statement of Financial Interests. 5. Per the Consent Agreement of the parties, Cveykus is directed to make payment in the amount of $1,853.04 payable to Conemaugh Township and forwarded to the Pennsylvania State Ethics Commission by no later than the thirtieth (301h) day after the mailing date of this Order. 6. Per the Consent Agreement of the parties, Cveykus is directed to make payment in the amount of $500.00 payable to the Pennsylvania State Ethics Commission, representing a portion of the costs incurred by the Commission in the investigation and enforcement of this matter, with such payment forwarded to this Commission by no later than the thirtieth (30th) day after the mailing date of this Order. 7. Per the Consent Agreement of the parties, Cveykus 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. 8. Compliance with paragraphs 5, 6, and 7 of this Order will result in the closing of this case with no further action by this Commission. a. Non -- compliance will result in the institution of an order enforcement action. BY THE COMMISSION,