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In Re: David W. Moyer,
Respondent
t4k
N.
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.ethiu.pa.gov
17 -026
Order No. 1744
10/23/18
10/31/18
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 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." An Answer was filed and a hearing was requested. A
Stipulation of Findings and a Consent Agreement were subsequently submitted by the
parties to the Commission for consideration. The Stipulated Findings are set forth as the
Findings in this Order. The Consent Agreement has been approved.
ALLEGATIONS:
That David Moyer, a public officiallpublic employee in his capacity as a Member of
the Monroe County Conservation District "MCCD ") Board of Directors and as the
Chairman of the Dirt, Gravel, and Low Volume Road Maintenance Program Quality
Assurance Board ( "QAB "), violated [Sections 1103(a) and 1104(a)] of the State Ethics Act
(Act 93 of 1998) when he utilized the authority of his public position(s) by participating in
actions of the MCCD and /or the QAB, including but not limited to motioning and voting to
award funding for dirt, gravel and low volume road projects located within municipalities
with which Moyer and/or a business with which he Is associated, namely Papillon & Moyer
Paving & Excavating, LLC, maintained pre - existing lease /contractual arrangements such
that Moyer had a reasonable expectation that his private business, Papillon & Moyer
Paving & Excavating, LLC, would receive a pecuniary benefit by serving as a
contractorlsubcontractor for those MCCD /QAB funded projects; and when he failed to file a
calendar year 2012 Statement of Financial Interests with the MCCD.
FINDINGS:
1. David W. Moyer ( "Moyer" ) has served as a Member of the Monroe County
Conservation District ( "MCCD ") Board of Directors ( "Board ") since December 31,
2012.
Moyer, 17 -626
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a. Moyer initially served as an Associate Director of the MCCD Board from
March 15, 2012, to December 31, 2012.
Associate Directors are appointed to the MCCD Board by other
Members of the MCCD Board.
2. Associate Directors may participate in committee meetings and offer
opinions /advice, however, Associate Directors hold no authority to
vote.
b. The MCCD Board consists of seven Members appointed by the Monroe
County Commissioners.
C. The seven- Member MCCD Board composition includes one Monroe County
Commissioner, four public individuals, and two designated farmers.
Moyer holds one of the four public individual positions on the MCCD
Board.
d. MCCD Board Members are appointed to four-year terms and are responsible
for overseeing district operations, including budget and expenditures.
e. MCCD Board Members serve without compensation but can receive
reimbursements for actual expenditures.
2. New Members of the MCCD Board are provided with a handbook for Pennsylvania
Conservation District Directors as part of their orientation.
a. The reference handbook for Directors has five sections plus appendices.
b. The handbook contains information on ethics and conflicts of interest.
3. Upon appointment to the MCCD Board as a full Board Member (non - Associate),
Moyer was provided with instructional information, including a guide to the State
Ethics Act, the Conservation District Directors Handbook, and the Dirt, Gravel, and
Low Volume Road Maintenance Program Quality Assurance Board Policies and
Procedures Manual.
a. This information was provided to Moyer in or about the latter part of 2012 or
beginning of 2013.
b. Shane Kleiner, Pennsylvania Department of Environmental Protection f=ield
Representative, provided MCCD Board Members, including Moyer, with
reminders of conflict of interest issues periodically since 2012 -2013.
Kleiner verbally reminded MCCD Board Members of conflict of
interest issues during MCCD Board meetings.
4. Excerpts from pages 4-6 of the Conservation District Directors Handbook provide
the following information on ethics and voting conflicts:
a. Conservation District Directors are public officials, and as such, are subject
to the provisions of the Public Official and Employee Ethics Act;
b. Provisions of the Public Official and Employee Ethics Act require that
Conservation District Directors annually file a Statement of Financial
Interests form;
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Page 3
C. Completing a Statement of Financial Interests is not optional; and
d. Voting Conflicts: Unless otherwise provided for in the Pennsylvania
Constitution or other law, any public official, who in the discharge of his
official duties would be required to vote on a matter that would result in a
conflict of interest, shall abstain from voting and publicly disclose in writing to
the person responsible for preparing the minutes the nature of the conflict. If
this abstention results in an inability of the body to take action, then the
conflicted member may be permitted to vote if the disclosures are made.
Also, in three - member governing bodies, if the abstention of a member
results in a tie vote, the member may break the tie provided proper
disclosure is made.
5. Since 2006, Moyer also has served as a Member of the Pocono Mountain Municipal
Airport Authority.
a. The Pocono Mountain Municipal Airport Authority consists of a nine - Member
board appointed by the Monroe County Commissioners,
6. In a private capacity, Moyer is the owner of record of Papillon & Moyer Excavating &
Paving, LLC ('Papillon & Moyer ").
a. On February 2, 2004, a Certificate of Organization was filed with the
Pennsylvania Department of State Corporation Bureau for Papillon & Moyer.
b. Papillon & Moyer was assigned Entity No. 3197337.
C. The stated business address of Papillon & Moyer is 816 North 9th Street,
Stroudsburg, Pennsylvania, Monroe County.
d. Moyer is identified as the sole organizer.
7. In addition to Papillon & Moyer, Moyer disclosed other business interests within his
filed Statements of Financial Interests, including:
a. Geryville Associates, LLC - President
D.W. Moyer Aviation, Inc. - President
Sand Stone Corp. -- President
Moyer & Farnell Development Group, LP - President
DJ Holdings, LLC - President
Preferred Management Associates, LLC - President
MW Aviation, LLC - Managing Member
D.W. Moyer Crane Services, LLC - President
Pocono Mountain Helicopters, LLC - President
AXIS Stabilization, Inc. - President.
PENNSYLVANIA STATE CONSERVATION COMMISSION FINDINGS
8. The Pennsylvania State Conservation Commission ( "SCC ") is a fourteen - Member
commission whose primary mission is to ensure the wise use of Pennsylvania's
natural resources and to protect and restore the natural environment through the
conservation of its soil, water, and related resources.
a. The SCC provides support and oversight to the state's sixty -six county
conservation districts for the implementation of conservation programs in an
efficient and responsible manner.
MVIoVeerr, 17 -026
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b. MCCD is one of the sixty -six county conservation districts organized within
the Commonwealth of Pennsylvania.
9. The SCC administers several state conservation programs, including the Nutrient
Management and Odor Management Program, the Dirt and Gravel Program
(pollution prevention), the Resource Enhancement and Protection (REAP Tax
redit) Program, and the Leadership Development Program.
a. Staff provides oversight and professional certification for nutrient
management specialists, odor management specialists, and manure haulers
and brokers.
b. The SCC is a departmental administrative commission under the concurrent
authority of the Pennsylvania Department of Environmental Protection
( "DEP ") and the Pennsylvania Department of Agriculture ( "PDA ").
C. The SCC is administratively housed within PDA and supported with staff
from both PDA and DEP.
10. Funding for the MCCD is originated from state, federal, and county contributions as
well as revenue generated through fees and the sale of items such as trees and
seedlings.
a. MCCD Board Members are public officials and must annually file Statement
of Financial Interests forms.
PAPILLON & MOYER CONTRACTS WITH TOBYHANNA TOWNSHIP
11. Papillon & Moyer maintains a contractual business relationship with Tobyhanna
Township ( "Township ").
a. The nature of that relationship includes Papillon & Moyer being annually
contracted as the Township's equipment rental provider for road
repair/construction equipment from approximately 2009 until July 2017.
b. The Township does not own extensivelspecialized road repairlconstruction
equipment.
The Township relied on its annual equipment rental contracts with
Papillon & Moyer for projects which the Township could not complete
with its own equipment and personnel.
2. For those road repairlconstruction projects not performed by the
Township itself, the Township rented /leased road maintenance
equipment exclusively from Papillon & Moyer.
C. Between 2009 and 2017, the Township annually contracted with Papillon &
Moyer to provide equipment rental services to the Township.
1. The Township did not seek bids for equipment rental /materials for
2017 or 2018.
2, The Township currently utilizes COSTARS for material purchases and
seeks bids specAftc to needed rental equipment.
12. In seeking equipment rental vendors for the upcoming 2016 calendar year, the
Township placed a legal advertisement in the Pocono Record on November 18,
2015, and again on November 25, 2015, requesting bids for quarry stone, road
Moyer, 17 -026
Page 5
construction materials, and various equipment rental rates.
a. Sealed bids were due at the Township by December 9, 2015, with
consideration of bids to take place during the Township Board of Supervisors
( "Board of Supervisors ") December 14, 2015, meeting.
b. Contractors submitting bid packets were Asphalt Maintenance Solutions and
Papillon & Moyer.
13. During the December 14, 2015, meeting of the Board of Supervisors, the Board of
Supervisors accepted Papillon & Moyer s proposal regarding equipment rentals for
the time period of January 1, 2016, through December 31, 2016.
a. Township Manager Phyllis Haase ( "Haase ") notified Papillon & Moyer of the
bid award in correspondence dated December 15, 2015.
b. Township Supervisor John J. Holahan and Haase signed the contractual
agreement on behalf of the Township.
C. Included as part of the contractual agreement were equipment rental rates
for the term of the contract.
14. During the Board of Supervisors meeting on December 12, 2016, the
contract/agreement between the Township and Papillon & Moyer was extended for
"up to" an additional six months.
a. Papillon & Moyer was notified of the extension by way of Township
correspondence dated December 14, 2016.
b. Papillon & Moyer's contract with the Township remained in effect until July
2017.
PENNSYLVANIA STATE CONSERVATION COMMISSION DIRT, GRAVEL AND LOW
VOLUME ROAD MAINTENANCE PROGRAM
15, The Dirt, Gravel and Low Volume Road Maintenance Program ( "DGLVR
Maintenance Program ") is a Commonwealth of Pennsylvania program, codified
within the Pennsylvania Vehicle Code, Title 75.
a. Pursuant to 75 Pa.C.S. § 9106(a), the statement and purpose of the DGLVR
Maintenance Program is as follows:
To fund safe, efficient and environmentally sound maintenance of
sections of dirt and gravel roads which have been identified as
sources of dust and sediment pollution;
2. To establish a dedicated and earmarked funding mechanism that
provides streamlined appropriation to the county level and enables
local officials to establish fiscal and environmental controls; and
3. To fund safe, efficient and environmentally sound maintenance of
sections of low - volume roads that are sealed or paved with an
average daily traffic count of 500 vehicles or less.
b. Funding for the DGLVR Maintenance Program is derived from various
sources (see 75 Pa.C.S. § 9106(b)).
Mover, 17 -026
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$7,000,000 is annually distributed to the Pennsylvania Department of
Conservation and Natural Resources for the maintenance and
mitigation of dust and sediment pollution from parks and forestry
roads.
2. $28,000,000 is appropriated annually to the SCC and administered in
a nonlapsing, nontransferable account restricted to maintenance and
improvement of dirt, gravel and low volume state and municipal roads.
C. The SCC is responsible for distribution of the DGLVR Maintenance Program
funds based on written criteria, establishing priorities based on preventing
dust and sediment pollution.
d. A minimum of $8,000,000 of the total appropriated annually is reserved
exclusively for the maintenance and improvement of low volume roads.
16. The apportionment of DGLVR Maintenance Program grant funding is based, in part,
upon the following criteria:
a. A verified need to correct pollution problems related to a specific road;
b. The total miles of dirt and gravel roads maintained by a local municipality
which are open to the public during any period of the year;
C. The total miles of dirt and gravel roads within watersheds protected as of
November 1996 as exceptional value or high - quality waters of the
Commonwealth;
d. Allowances for the local costs of limestone aggregate; and
e. The commitments of grant applicants to comply with the established
nonpollution requirements.
17. As the entity responsible for disbursement of the DGLVR Maintenance Program
grant funding, the SCC is required to:
a. Adopt performance standards;
b. Provide for a system of audit; and
C. Annually assess and report the acceptance of funding and effectiveness of
the program to the Transportation Committee of the Pennsylvania Senate
and the Transportation Committee of the Pennsylvania House of
Representatives.
18. Applications from entities seeking DGLVR Maintenance Program grant funding:
a. Must include a specific request for funding applicable to one work location or
one type of work per grant;
b. Must include written information such as location, problem being solved,
basis of cost estimate, project work schedule, basis of successful completion
and type and amount of pollution reduced; and
C. Are not to exceed one page, with reference to published standards being
acceptable.
Mho !er, 17 -026
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19. Apportioned funds are dispersed to a county conservation district which applies for
funding to be utilized directly for maintaining roads within the county.
a. Within each county conservation district, a quality assurance board is
created for the specific purpose of establishing and administering the grant
program.
b. The four - member quality assurance board is comprised of a nonvoting
chairman appointed by the county conservation district directors and one
local representative appointed by each of the following entities:
The Federal Natural Resources Conservation Service;
2. The Pennsylvania Fish and Boat Commission; and
3. The county conservation district.
C. If circumstances require, the chairman may vote to decide a tie vote.
d. The quality assurance board is responsible for reviewing the grant
applications from municipalities and making non- binding recommendations
for approval to the county conservation district board of directors.
e. The MCCD Board, including Moyer, has final authority over the approval of
the recommendations of the Quality Assurance Board of the MCCD (the
"QAB"
20. Moyer has served on the QAB since January 17, 2013.
a. Moyer serves as the nonvoting Member and Chairman of the QAB.
b. Moyer does not receive any compensation for his service as a QAB Member.
THE TOWNSHIP'S APPLICATION FOR GRANT FUNDING THROUGH THE DGLVR
MAINTENANCE PROGRAM
21. During the Board of Supervisors September 14, 2015, meeting, Supervisor Anne
Lamberton ( "Lamberton ") discussed the MCCD and funding available through the
DGLVR Maintenance Program.
a. Lamberton informed the Board of Supervisors that the MCCD provided grant
fundin.9 through the DGLVR Maintenance Program to assist in
repair /improvement of roads impacted by water run off or swale.
22. On November 20, 2015, MCCD Resource Conservation Specialist John Motz
( "Motz ") forwarded correspondence to eligible municipalities within Monroe County
with regard to DGLVR Maintenance Program funding, which correspondence
included an application for grant funding for the 2016 construction season.
a. Information for the Township was addressed to Haase.
b. Grant funding applications were to be submitted to the MCCD by April 30,
2016.
C. The correspondence advised that "upon receipt, a completeness review will
be conducted by District staff, and all complete applications will be forwarded
to the QAB for ranking and allocation of available funds."
Mover, 17 -026
Page 8
23. Prior to the completion and submission of the Township's grant application, Haase
informed the Board of Supervisors during its March 14, 2016, meeting hat the grant
application would be submitted to the NfCCD and would seek funding through the
DGLVR Maintenance Program for repairs to Gordon Lane.
a. Township Department of Public Works Superintendent Edward Tutrone
( "Tutrone ") was identified as the contact person for the Township.
b. The grant application required the Township to commit $25,143.00 of in-
kind/matching funds /services to the project.
C. The scope of the proposed project included drainage and resurfacing of
Gordon Lane within the Township.
24. As required as part of the DGLVR Maintenance Program grant application process,
the Township included estimated costs for materials, equipment and labor.
a. Responsive to the grant application's requirement of a costs estimate, the
Township included excerpts of the 2016 equipment rental contract that the
Township maintained with Papillon & Moyer.
b. A schedule of prevailing wage Project rate for equipment operator was also
included with the grant applica ion.
The prevailing wage schedule included the signature of David Moyer,
President, on a signature line for contractor.
2. Only Moyer's signature is present, his name is not printed or typed.
3. Papillon & Moyer is not specified as the vendor.
25. Following Haase's comments, on March 28, 2016, the Township finalized and
submitted its grant application to the MCCD that sought $22,472.00 in funding
through the DGLVR Maintenance Program.
a. Haase and Township Engineer Bob McHale ( "McHale ") prepared the grant
application.
b. Within the grant application, the Township identified a completion date of
August 31, 2016.
C. Haase subsequently informed the Board of Supervisors that the grant
application for the protect was submitted during the April 11, 2016, Board of
Supervisors meeting.
MCCD REVIEW AND APPROVAL OF THE TOWNSHIP'S GRANT APPLICATION
26. Matz reviewed the Township's grant application for completeness and for program
eligibility.
a. Motz completed an application review checklist on March 28, 2016.
b. The application review checklist is required to be completed prior to the QAB
meeting.
27. At the time of his review, Motz was not aware that the Township maintained a
contract with Papillon & Moyer for exclusive equipment rental necessary for the
project.
M�OVer, 17 -026
Page 9
a. Equipment rental prices included with the Township's grant application did
not specify Papillon & Moyer as the source /contracted vendor.
28. Followingg his review, Motz presented the Township's grant application to the QAB
on May 17, 2016.
a. Motz presented the following DGLVR Maintenance Program grant
applications to the QAB for consideration/approval:
Mount Pocono Borough: Center Avenue, $76,000.00;
2. Polk Township: Hell Hollow Road, $28,860.00;
3. Middle Smithfield Township: Zion Church Road North, $24,139.60,
total project $67,015.60; and
4. Tobyhanna Township: Gordon Lane, $22,472.00, total grant
$47,665.00 (included in -kind contribution).
b. In addition to the Township's grant application, Motz presented three other
grant applications for QAB consideration.
29. The four grant applications submitted by Motz to the QAB were the only DGLVR
Maintenance Program grant applications received by the MCCD for funding year
2016.
a. Each grant application seeking DGLVR Maintenance Program grant funding
was considered individually.
b. The QAB approveslawards DGLVR Maintenance Program funding based on
the merits of the grant application.
30. Moyer attended the QAB meeting held May 17, 2016, and participated in the review
and consideration of the four grant applications seeking DGLVR Maintenance
Program funding.
a. Moyer served as Chairman of the meeting in his official capacity as a QAB
non -- voting Member.
b. Moyer participated in the review and discussion of all four grant applications
under consideration by the QAB on May 17, 2016, but he did not vote on the
official action taken by the QAB.
C. This review included the grant application from the Township seeking funding
for the Gordon Lane project.
d. At the time he participated in the review of grant applications seeking
DGLVR Maintenance Program funding, Moyer did not expect that Papillon &
Moyer would be utilized as a contractor /subcontractor /vendor for equipment
for the project should it be awarded to the Township because the Township
proposed to use its own equipment.
31. Minutes from the May 17, 2016, QAB meeting included the following discussion and
official action taken by the QAB to approve funding for the Township Gordon Lane
project:
Moo eerr, 17 -026
Pagel 0
a. Tobyhanna Gordon Lane: John (Mott) noted that this project is right along
Route 80 m Tobyhanna Township. Discussion was held on Chapter 105
permitting, the road surface, road access, spring seeps /swamp /pond and
discharges. The group reviewed the plans that were prepared and submitted
by Tobyhanna Township's engineer. A motion was made by Craig Todd,
seconded by Eric Weredyk, to approve funding the Tobyhanna Township
Gordon Lane Dirt & Gravel Road application for $22,472 with a total grant
amount of $47,665. The motion carved. John (Motz) noted that the MCCD
Board meeting is in two days and that is too short of a timeframe to have all
of the paperwork for approval so all of the applications will be on the June
MCCD Board meeting agenda.
Present: Dave Moyer, Edward Vinton, Eric Weredyk, Craig Todd.
32. At the time the QAB received the Township's grant application, Moyer did not
disclose to the QAB that a business with which he is associated, namely Papillon &
Moyyer, maintained an existing equipment rental contract with the Township for
20V.
a. At the time he participated in the approval of grant funding from the
QAB /MCCD, Moyer did not expect that Papillon & Moyerwould be utilized as
a contractor /subcontractor /vendor for equipment for the Township Gordon
Lane project because the Township had originally planned to use Township
equipment for the project.
33. Following the QAB's approval of the grant ap Ncations including the grant
application for the Township Gordon Lane project, Haase informed the Board of
Supervisors at the June 13, 2016, Township meeting that the Gordon Lane grant
application would be considered by the MCCD on June 17, 2016.
a. The total project cost was identified as $47,615.00, with $22,472.00 of
funding being sourced from the MCCD grant.
b. Haase further advised the Board of Supervisors that one Supervisor would
be required to execute the grant/funding agreement on behalf of the
Township.
34. The Board of Supervisors designated Lamberton to serve as Township
signatory/representative.
35. The projects approved by the QAB at the May 17, 2016, meeting were presented to
the MCCD Board for consideration /approval during the June 17, 2016, meeting of
the MCCD Board.
a. A total of four projects were considered by the MCCD Board at the June 17,
2016, meeting.
1. Three DGLVR Maintenance Program grant applications were
approved, including the one for the Township project.
2. The QAB did not recommend funding of the Mt. Pocono Borough
grant application due to it not meeting the requisite parameters of the
DGLVR Maintenance Program.
b. As an MCCD Board Member, Moyer made a motion and voted in the
affirmative to approve funding of the Township Gordon Lane project.
Mo er, 17 -026
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1. The MCCD Board voted to approve funding from the DGLVR
Maintenance Program to the Township in the amount of $22,472.00.
36. Minutes from the MCCD Board's June 17, 2016, meeting included the following
discussions and Board action concerning the awarding of DGLVR Maintenance
Program funding in the amount of $22,472.00 to the Township specific to the
Gordon Lane protect.
a. Gordon Lane, Tobyhanna Township — DGR - $22,472.00 — John reported
that Tobyhanna Township is applying for a grant for Gordon Lane which runs
parallel to SR 80 and into the headwaters of a stream. The township will be
doing drainage improvements and applying DSA to the driving surface. The
application was approved by the QAB and they are asking for a grant amount
of $22,472.00. A motion was made by Dave Moyer, seconded by Mark
Sincavage, to approve funding Tobyhanna Township's Dirt & Gravel Road
grant application for the Gordon Lane project for $22,472.00, the motion
carried.
Present: David Moyer, Joseph Hanyon, Mark Sincavage, Heidi Secord,
Patrick Ross, Charles Garris.
37. Simultaneous with Moyer's actions of June 17, 2016, as a Member of the MCCD
Board and as a Member of the QAB to approve funding to the Township, Papillon &
Moyer, a business with which Moyer is associated, maintained a contractual
relationship with the Township for the lease of Papillon & Moyer
excavating /construction equipment/labor to the Township.
a. Papillon & Moyer and the Township maintained an equipment rental contract
for the 2016 calendar year, effective January 1, 2016, through December 31,
2016.
b. At the time the MCCD Board considered and approved funding of the
Township's grant application, Moyer did not disclose that a business with
which he is associated, name) Pa illon & Moyer, maintained an existing
equipment rental contract with the Township for 2016 to provide equipment
rental for some of the Township's road repair /construction projects.
C. Papillon & Moyer did not maintain a contractual agreement or other
arrangement for equipment rental with any of the other grant applicants.
38. On June 17, 2016, MCCD Board Chairman Joseph Hanyon executed the funding
contract between the MCCD and the Township on behalf of the MCCD.
a. The Township Supervisors signed the contract on behalf of the Township on
June 23, 2016.
b. Lamberton was removed as Township representative and replaced with
Donald Moyer (no relationship to Respondent Moyer) on June 23, 2016.
39. Motz learned of Papillon & Moyer's potential involvement with the Township Gordon
Lane project on June 23, 2016, following the MCCD Board's June 17, 2016, vote.
a. On or about June 23, 2016, McHale and/or Haase informed Motz that the
Township had an equipment rental contract with Papillon & Moyer which was
annually awarded through a sealed bid process.
b. Motz informed Haase that Lamberton should not sign the contract between
the Township and the MCCD due to a conflict of interest.
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C. The meeting between Motz and Haase occurred one week after the MCCD
Board awarded grant funding for the Gordon Lane project to the Township on
June 17, 2016.
INITIATION OF GORDON LANE ROAD WORK/PROJECT COMPLETION
40. Upon execution of the funding /grant contract between the MCCD and the Township,
the MCCD issued an initial disbursement to the Township in the amount of
$11,236.00 on July 6, 2016.
a. Disbursement was made by way of MCCD check no. 1015, signed by
Manager Craig Todd and MCCD Board Member Heidi Secord ( "Secord ").
b. The initial disbursement was approved by the MCCD upon approval of the
project grant award on June 17, 2016.
C. The July 6, 2016, payment represented one -half of the total grant funding
awarded by the MCCD to the Township.
41. Per the grant application, the Township Gordon Lane project, which was the subject
of the DGLVR Maintenance Program grant funding, was to be completed by August
31, 2016.
42. On August 24, 2016, the Township submitted a request for an extension of time to
complete the project until September 30, 2016.
a. The extension request was submitted to Motz.
b. The extension request was approved by QAB Member Ed Vinton and MCCD
Manager Adam Schellhammer ( "Schellhammer ") on or about September 6,
2016.
43. On September 30, 2016, the Township submitted a second request for an extension
of time to complete the project to October 21, 2016.
a. This extension request was also submitted to Motz.
b. This extension re nest was approved at the administrative level by
Schellhammer and Motz.
C. The need for the second extension request was due to the unavailability of
Papillon & Moyer equipment needed for an unrelated Township project,
which caused delay in the start/completion of the Gordon Lane project.
44. On October 13, 2016, a pre - construction meeting was held at the Township building
to discuss the application of Driving Surface Aggregate, the specified product to be
applied on the Gordon Lane project.
a. A meeting attendance sign -in sheet was presented for attendees.
b. The attendance sign -in sheet for this meeting lists six attendees.
C. The Township was represented by McHale (Township Engineer), Dave
Arcidiacono (Township DPW Operations Supervisor), and Tutrone (Township
Public Works Director).
d. Motz attended on behalf of the MCCD.
Mo er, 17 -026
ag
f 13
e. Greg Kulp and Moyer appeared on behalf of Papillon & Moyer.
Moyer listed °P &M" as the company he represents at the meeting with
contact information of 570 - 656.4172 dave.moyer@Papillon-
Moyer.com.
45. Schellhammer was unaware of Moyer's (Papillon & Moyer's) involvement in the
Township Gordon Lane project until Moyer appeared at the pre - construction
meeting on October 13, 2016.
a. Schellhammer became aware of Moyer's involvement by reviewing the
meeting attendance sheet where Moyer identified himself as a representative
of Papillon & Moyer.
b. On October 13, 2016, Papillon & Moyer equipment was already present at
the Gordon Lane construction site.
C. No one in attendance at the meeting raised the issue of a possible conflict of
interest.
46. The Township initiated constructionlrepair work on the Gordon Lane project on or
about October 4, 2016, which was completed by October 25, 2016.
a. Papillon & Moyer provided labor and equipment rental of a tri -axle dump
truck, grader, roller, and asphalt paver.
Papillon & Moyer was utilized for the repair work pursuant to the
contract between the Township and Papillon & Moyer.
b. Papillon & Moyer provided services /equipment specific to the Gordon Lane
project on October 13, 2016, and October 19, 2016.
C. Tutrone supervised the Gordon Lane project, including the work conducted
by Papillon & Moyer.
47. On November 10, 2016, Papillon & Moyer submitted two invoices to the Township,
seeking payment for labor and equipment provided for the Gordon Lane project.
a. Rental fees charged to the Township were consistent with the rental
agreement entered into between Papillon & Moyer and the Township for
equipment rental covering the period of January 1, 2016, through December
31, 2016.
48. Papillon & Moyer invoice number 16 -280, dated November 10, 2016, sought
payment in the amount of $5,150.00.
a. This invoice represented hauling services provided on October 19, 2016, with
a stated tri -axle dump truck hauling rate of $100.00 per hour.
b. A notation on the invoice divided the fee between the Township's
responsibility and the DGLVR Maintenance Program grant funding, in an
effort to account for Township in -kind contributions.
Of the $5,150.00 invoice, $3,463.98 representing equipment rental
was assessed to the DGLVR Maintenance Program grant and the
remaining $1,686.02 was assessed to the Township's in -kind
contributions responsibility.
Mho rer, 17 -026
Page 14
49. Papillon & Moyer submitted to the Township invoice number 16 -281, dated
November 10, 2016, totaling $4,918.15.
a. This invoice represented equipment and labor services provided on October
13, 2016, and October 19, 2016.
b. Equipment and labor rates charged per hour were: grader - $111.80; vibratory
roller- $111.80; asphalt paver - $142.50; asphalt roller- $113.00; and labor -
$62.50.
C. To account for costs payable through the DGLVR Maintenance Program
grant funding and those that were the responsibility of the Township, a
notation on the invoice divided these charges between equipment
($3,449.40) and labor ($1,468.75).
d. Current Township Manager John Jablowski assessed the entire invoice
amount of $4,918.15 to the DGLVR Maintenance Program grant.
50. A Dirt, Gravel and Low Volume Road Maintenance Project Completion Report
( "Completion Report ") for the Township Gordon Lane project was completed on or
about December 5, 2016.
a. The Completion Report was executed by Motz on behalf of the MCCD and
Tutrone on behalf of the Township.
b. The Completion Report identified DGLVR Maintenance Program grant
expenditures of $22,472.00.
1. Township in -kind contributions totaled $23,417.94.
C. Included with the Completion Report were the two invoices from Papillon &
Moyer.
1. The Papillon & Moyer invoices were assessed to DGLVR
Maintenance Program grant funding.
2. Itemized listings included types, hours, and rates of equipment used,
and invoiced labor hours extended by Papillon & Moyer employees.
51. The second half of the DGLVR Maintenance Program grant ($11,236.00) was
disbursed to the Township following completion of the project and submission of the
Completion Report.
a. The MCCD Board granted disbursement of the remaining DGLVR
Maintenance Program funding on December 8, 2016.
b. Moyer participated in approving disbursement of the remaining grant funds to
the Township for the Gordon Lane project during the MCCD Board's
December 8, 2016, meeting.
1. At the time Moyer voted to approve final disbursement, he knew that a
business with which he is associated, Papillon & Moyer, had already
performed work related to the project and submitted invoices to the
Township seeking payment and would receive payment, at least in
part, from the grant funds.
Mover, 17 -026
Page 15
C. Final disbursement to the Township was made by MCCD check no. 1021,
signed by Schellhammer and Secord.
d. No individual present at the December 8, 2016, meeting raised the issue of a
conflict of interest.
52. As an MCCD Board Member, Moyer both made a motion and voted to authorize
disbursement of the remaining $11,236.00 balance to the Township during the
December 8, 2016, meeting.
a. Minutes of the MCCD Board meeting include an identification of an additional
expense of $1,686.00 which was paid by the Township outside the
parameters of the original grant application.
b. The additional expense correlates to Papillon & Moyer invoice number 16-
280, dated November 10, 2016, seeking payment in relation to hauling
expenses totaling $1,686.02.
C. At no time during the MCCD Board's December 8, 2016, meeting did Moyer
acknowledge that his company, Papillon & Moyer, performed portions of the
work for which payment was being approved.
d. At no time directly preceding, during, or directly after the MCCD Board's
December 8, 2016, meeting did any MCCD Member or any individual present
at the meeting acknowledge that Moyer's company, Papillon & Moyer,
performed portions of the work for whidh payment was being approved.
53. Minutes of the MCCD Board's December 8, 2016, meeting include the following
discussions and actions by Moyer, including making the motion and voting to
approve the final project grant disbursement:
a. Dirt & Gravel Update and Payment Approval - Adam reported that the
Tobyhanna Township project has been completed and an invoice for
$11,236.00 per the contract was received. He noted that there was an
additional expense of $1,686.00 for the hauling of materials which
Tobyhanna Township paid. A motion was made by Dave Moyer, seconded
by Charles Garris, to approve paying the Dirt & Gravel Road invoice of
$11,236.00 to Tobyhanna Township per the contract. The motion carried.
Present: Joseph Hanyon, Dave Moyer, Heidi Secord, Charles A. Garris.
54. On December 12, 2016, the Township issued paylent to Papillon & Moyer by way
of Township check no. 2244, in the amount of $25,748.15.
a. Township check no. 2244 reflected payment of invoices received from
Papillon & Moyer, including the following:
Invoice number 16 -280, dated November 10, 2016, totaling
$5,150.00, and
2. Invoice number 16 -281, dated November 10, 2016, totaling
$4,918-15.
b. Both invoice number 16 -280 and invoice number 16 -281 sought payment for
labor and rental equipment provided by Papillon & Moyer that was used in
furtherance of the Gordon Lane project.
M�o�er, 17 -026
Pade 16
C. The Township issued payment to Papillon & Moyer after receipt of the final
disbursement of the DGLVR Maintenance Program funds.
55. Papillon & Moyer received payment of $10,068.15 for outstanding invoices issued to
the Township, reflective of services performed in relation to the Gordon Lane
project.
a. Township check no. 2244 was deposited into the Papillon & Moyer business
account at Wayne Bank on December 16, 2016.
b. Moyer maintains signature authority over this account.
56. Of the $22,472.00 awarded to the Township rom the DGLVR Maintenance
Program, $8,382.13 of the award was utilized for payment to Papillon & Moyer.
THE FOLLOWING FINDINGS RELATE TO THE ALLEGATION THAT MOYER FAILED
TO FILE A STATEMENT OF FINANCIAL INTERESTS FORM FOR THE 2092
CALENDAR YEAR AS A MEMBER OF THE MCCD BOARD.
57. Moyer, in his official capacity as a Member of the MCCD Board, was annually
f F
required to file a Statement oinancial Interests ( "SFI ") form by May 16t reporting
financial interests for the prior calendar year.
58. The MCCD annually received blank SFI forms for distribution to officials and
employees from the State Ethics Commission.
59. Blank SFI forms intended for the 2012 calendar year include a form revision date of
SECA Rev. 01113.
a. These forms were bulk mailed to governmental entities around December
31, 2012.
60. Moyer failed to file an SFI form by May 1, 2013, reporting financial interests for the
2012 calendar year.
61. Moyer was aware of the SFI fling requirements as part of the new Board Member
orientation information he received around January 2013.
a. Moyer filed SFI forms for the 2013, 2014, 2015, and 2016 calendar years on
April 29, 2014, February 12, 2015, February 9, 2016, and April 13, 2017,
respectively.
III. DISCUSSION;
As a Member of the Monroe County Conservation District ( "MCCD ") Board of
Directors ( "Board ") since December 31, 2012, and as a Member and Chairman of the
Quality Assurance Board ( "QAB ") of the MCCD since January 17, 2013, Respondent David
W. Mayer, also referred to herein as "Respondent," "Respondent Moyer," and "Moyer," has
been a public official subject to the provisions of the Public Official and Employee Ethics
Act ( "Ethics Act "), 65 Pa. C.S. § 1101 et seg.
The allegations are that Moyer violated Sections 1103(a) and 1104(a) of the Ethics
Act when he utilized the authority of his public positions) by participating in actions of the
MCCD and /or the QAB, including but not limited to motioning and voting, to award funding
for dirt, gravel and low volume road protects located within municippalities with which Moyer
and/or a business with which he is associated, namely Papillon & Moyer Paving &
Excavating, LLC, maintained preexisting leas elco ntractu al arrangements such that Moyer
had a reasonable expectation that his private business, Papillon & Moyer Paving &
Moo e_r, 17 -026
Page 17
Excavatingg, LLC, would receive a pecuniary benefit by serving as a
contractorlsubcontractor for those MCCD /QAB funded projects; and when he failed to file a
calendar year 2012 Statement of Financial Interests (` SFI ") with the MCCD.
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 ployent 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, an 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.
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 Pennsylvania State Conservation Commission ( "SCC ") provides support and
oversight to the state's sixty -six county conservation districts for the implementation of
conservation programs in an efficient and responsible manner. The SCC administers
several state conservation programs, including the Dirt, Gravel and Low Volume Road
Maintenance Program ( "DGLVR Maintenance Program "). Funds in the amount of
$28,000,000 are appro riated annually to the SCC and administered in a nonlapsing,
nontransferable accounfrestricted to maintenance and improvement of dirt, gravel and low
volume state and municipal roads. Apportioned funds are dispersed to a county
Mower, 17 -026
Page 1$
conservation district which applies for funding to be utilized directly for maintaining dirt,
gravel and low volume roads within the county.
Within each county conservation district, a quality assurance board is responsible
for reviewing grant applications from municipalities for funding from the DGLVR
Maintenance Program and making non - binding recommendations for approval to the
county conservation district board of directors.1 A quality assurance board is comprised of
four members, including a nonvoting chairman appointed by the county conservation
district directors. If circumstances require, the chairman may vote to decide a tie vote.
The MCCD is one of the sixty -six county conservation districts in Pennsylvania.
Moyer has served as a Member of the MCCD Board since December 31, 2012. Moyer has
served as a Member and Chairman of the QAB of the MCCD since January 17, 2013.
In a private capacity, Moyer is the owner of record of Papillon & Moyer Excavatingg &
Paving, LLC ( "Papillon & Moyer "). Between 2009 and 2017, Tobyhanna TownNip
( "Township ") annually contracted with Papillon & Moyer for the rental of road
repairlconstruction equipment. The Township, which does not own extensive or
specialized road repair /construction equipment, relied on its annual equipment rental
contracts with Papillon & Moyer for equipment for projects that the Township could not
complete with its own equipment and personnel.
On March 28, 2016, the Township submitted a grant application to the MCCD that
sought $22,472.00 in funding through the DGLVR Maintenance Program for repairs to
Gordon Lane within the Township (the "Gordon Lane Project "). The grant application
required the Township to commit $25,143.00 of in -kind contributions /matching
funds /services to the Gordon Lane Project. The grant application included estimated costs
for materials, equipment and labor. Equipment rental prices included with the grant
application did not specify Papillon & Moyer as the source or contracted vendor.
At a meeting on May 17, 2016, the QAB reviewed and considered four grant
applications that sought funding from the DGLVR Maintenance Program, including the
Township's grant application for the Gordon Lane Project. Moyer, as a Member and
Chairman of the QAB, participated in the review of each of the four grant applications. At
the time Moyer participated in the review of the grant application for the Gordon Lane
Project, he did not expect that Papillon & Moyer would be utilized as a
contractor /subcontractor /vendor for equipment for the Gordon Lane Project because the
Township planned to use its own equipment for the Gordon Lane Project. Moyer did not
participate in the QAB vote that approved the grant application for the Gordon Lane
Project.
On June 17, 2016, the MCCD Board considered the four grant applications that
sought funding from the DGLVR Maintenance Program. As an MCCD Board Member,
Moyer made a motion and voted to approve the Township's grant application for
$22,472.00 in funding from the DGLVR Maintenance Program forthe Gordon Lane Project.
The MCCD and the Township subsequently executed a contract in relation to the grant
funds awarded for the Gordon Lane Project. On July 6, 2016, the MCCD issued an initial
disbursement in the amount of $11,236.00 to the Township, which represented one -half of
the total grant funds awarded to the Township for the Gordon Lane Project.
On or about October 4, 2016, the Township initiated construction /repair work on the
Gordon Lane Project. On October 13, 2016, a pre - construction meeting was held at the
Township building to discuss the application of Driving Surface Aggregate (DSA) on the
Gordon Lane Project. Moyer and another individual attended the meeting on behalf of
Papillon & Moyer. On October 13, 2016, and October 19, 2016, Papillon & Moyer provided
equipment and labor services for the Gordon Lane Project pursuant to the contract
1 A quality assurance board is not purely advisory. See, 75 Pa.C.S. § 9106.
Mho e_r, 17 -026
Page 19
between Papillon & Moyer and the Township. Papillon & Moyer provided labor and
equipment rental of a tri -axle dump truck, grader, rollers, and asphalt paver.
Constructionlrepair work on the Gordon Lane Project was completed by October 25, 2016.
On November 10, 2016, Papillon & Moyer submitted two invoices to the Township
for labor and equipment provided for the Gordon Lane Project. The first invoice sought
payment in the total amount of $5,150.00 for hauling services provided on October 19,
2016. The second invoice sought payment in the total amount of $4,918.15 for equipment
and labor services provided on October 13, 2016, and October 19, 2016. For the first
invoice, $3,463.98 representing equipment rental was assessed to the DGLVR
Maintenance Program grant and $1,686.02 was assessed to the Township's in --kind
contributions responsibility. For the second invoice, the entire amount of $4,918.15 was
assessed to the DGLVR Maintenance Program grant. A total amount of $8,382.13 was
assessed to the DGLVR Maintenance Program grant in relation to the two Papillon &
Moyer invoices.
On or about December 5, 2016, a Dirt, Gravel and Low Volume Road Maintenance
Project Completion Report ( "Completion Report ") for the Gordon Lane Project was
completed. The two invoices from Papillon & Mayer were included with the Completion
Report. At the MCCD Board's meeting on December 8, 2016, Moyer made a motion and
voted to approve the disbursement of the remaining $11,236.00 to grant funds that the
MCCD had awarded to the Township for the Gordon Lane Project. Moyer knew that
Papillon & Moyer had submitted invoices to the Township for performing worts related to the
Gordon Lane Project and that Papillon & Moyer would receive payment for those invoices
at least in part from the grant funds awarded by the MCCD for the Gordon Lane Project. At
no time during the MCCD Board's December 8, 2016, meeting did Moyer acknowledge that
Papillon & Moyer performed portions of the work for which the grant funds were being
disbursed.
On December 12, 2016, the Township issued a check in the amount of $25,748.15
to Papillon & Moyer that included payment for the two invoices for the Gordon Lane
Project. The Township issued payment to Papillon & Moyer after receipt of the final
disbursement of the DGLVR Maintenance Program grant funds. Of the $22,472.00 in
DGLVR Maintenance Program rant funds awarded to the Township for the Gordon Lane
Project, $8,382.13 was utilized Tor payment to Papillon & Moyer.
As a Member of the MCCD Board, Moyer is required to annually file an SFI by May
1 containing information for the prior calendar year. Moyer failed to file an SFI form for the
2012 calendar year by May 1, 2013. Moyer filed SFI forms for the 2013, 2014, 2015, and
2016 calendar years on April 29, 2014, February 12, 2015, February 9, 2016, and April 13,
2017, respectively.
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:
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 Moyer's actions
as part of the MCCD to approve a disbursement
of grant funding to Tobyhanna Township through
the MCCD Dirt, Gravel, and Low Volume Road
Maintenance Program, at a time when a
Mho e_r, 17 -026
Page 20
business with which he is associated had an
outstanding invoice for work performed
(equipment and labor) on the grant- funded
project, resulting in Tobyhanna Township paying
the invoice in full.
That no violation of Section 1103(a) of the Public
Official and Employee Ethics Act, 65 Pa.C.S. §
1103(x), occurred in relation to Moyer's
participation in the actions of the QAB and the
MCCD to approve the grant to Tobyhanna
Township because insufficient evidence exists
that Moyer reasonably knew at that time that
Tobyhanna Township would use the business
with which he is associated due to Tobyhanna
Township's original intent to use Township
resources on the grant project.
C. That a violation of [Section] 1104(a) of the Public
Official and Employee Ethics Ac, 65 Pa.C.S. §
1104(a), occurred in relation to Moyer's failure to
file a calendar year 2012 Statement of Financial
Interests with the MCCD.
Moyer agrees to make payment in the amount of $8,882.13 in
settlement of this matter.
Moyer agrees to make a payment of $8,382.13
payable to the Commonwealth of Pennsylvania
and forwarded to the Pennsylvania State Ethics
Commission within thin (30) days of the
issuance of the final adjudication in this matter.
Moyer agrees to make a 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.
Moyer agrees to file a complete and accurate Statement of
Financial Interests with the Monroe County Conservation
District through the Pennsylvania State Ethics Commission, for
the 2012 calendar year within thirty (30) days of the issuance
of the final adjudication in this matter.
Moyer agrees to not accept any reimbursement, compensation
or other payment from the Monroe County Conservation
District 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, make no
specific recommendations to any law enforcement or other
authority to take action in this matter, and/or do anything that
would interfere with any contracts, negotiations, or proposals to
which Moyer and /or any company with which he is involved is a
Moo e_r, 17 -026
Page 21
party, including but not limited to Requests for Proposals
unless such is required by the Ethics Act and requires
Commission involvement in a future investigation. 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 1 -2.
In considering the Consent Agreement, we accept the recommendation of the
parties for a finding that a violation of Section 1103(a) of the Ethics Act occurred in relation
to Moyer's actions as part of the MCCD to approve a disbursement of grant funding to the
Township through the DGLVR Maintenance Program, at a time when a business with
which he is associated had outstanding invoices for work performed (equipment and labor)
on the grant - funded project, resulting in the Township paying the invoices in full.
Papillon & Moyer is a business with which Moyer is associated in his capacity as the
owner. Papillon & Moyer had a contract with the Township in 2016 for the rental of road
repair /construction equipment.
On March 28, 2016, the Township submitted a grant application to the MCCD that
sought $22,472.00 in funding through the DGLVR Maintenance Program for the Gordon
Lane Project. On May 17, 2016, Moyer, as a Member and Chairman of the QAB,
participated in the QAB s review of the Township's grant application. One month later, on
June 17, 2016, Moyer, as an MCCD Board Member, made a motion and voted to approve
the Township's grant application for $22,472.00 in funding from the DGLVR Maintenance
Program for the Gordon Lane Project.
On October 13, 2016, and October 19, 2016, Papillon & Moyer provided equipment
and labor services to the Township for the Gordon Lane Project. On November 10, 2016,
Papillon & Moyer submitted two invoices to the Township for the equipment and labor
provided for the Gordon Lane Project. A total amount of $8,382.13 was assessed to the
DGLVR Maintenance Program grant in relation to the two Papillon & Moyer invoices.
Moyer used the authority of his public office as an MCCD Board Member when, on
December 8, 2016, he made a motion and voted to approve the disbursement of the
remaining $11,236.00 in grant funds that the MCCD had awarded to the Township for the
Gordon Lane Project. At the time, Moyer knew that Papillon & Moyer had submitted
invoices to the Township for performing work related to the Gordon Lane Project and that
Papillon & Moyer would receive payment for those invoices at least in part from the grant
funds awarded by the MCCD for the Gordon Lane Project. On December 12, 2016, the
Township issued a check to Papillon & Moyer that utilized $8,382.13 in DGLVR
Maintenance Program grant funds to pay the two invoices for the Gordon Lane Project.
Based upon the Stipulated Findings and the Consent Agreement, we hold that
Moyer violated Section 11 03(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation to his
actions as part of the MCCD to approve a disbursement of grant funding to the Township
through the DGLVR Maintenance Program, at a time when a business with which he is
associated had outstanding invoices for work performed (equipment and labor) on the
grant - funded project, resulting in the Township paying the invoices in full.
We further accept the recommendation of the parties for a finding that no violation of
Section 1103(a) of the Ethics Act occurred in relation to Moyer's participation in the
actions of the QAB and the MCCD to approve the grant to the Township because
insufficient evidence exists that Moyer reasonably knew at that time that the Township
would use the business with which he is associated due to the Township's original intent
Moo e_r, 17 -026
Page 22
to use Township resources on the grant project.
The parties have stipulated that at the time Moyer participated in the QAB's review
of the Township's grant application for funding from the DGLVR Maintenance Program for
the Gordon Lane Project, he did not expect that Papillon & Moyer would be utilized as a
contractor /subcontractor /vendor for equipment for the Gordon Lane Project because the
Township planned to use its own equipment for the Gordon Lane Project. Additionally,
there is no basis in the Stipulated Findings far concluding that Moyer had an expectation at
the time he participated in the MCCD Board's approval of the Township's grant application
that the Township would use Papillon & Moyer to provide services for the Gordon Lane
Project.
Accordingly, based upon the Stipulated Findings and the Consent Agreement, we
hold that no violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred
in relation to Moyer's participation in the actions of the QAB and the MCCD to approve the
grant to the Township because insufficient evidence exists that Moyer reasonably knew at
that time that the Township would use the business with which he is associated due to the
Township's original intent to use Township resources on the grant project.
We agree with the parties, and we hold, that a violation of Section 1104(a) of the
Ethics Act, 65 Pa.C.S. LCCD.
1104(a), occurred in relation to Moyer's failure to file a calendar
year 2012 SFI with the
As part of the Consent Agreement, Moyer has agreed to make payment in the total
amount of $8,882.13 in settlement of this matter as follows. Moyer has agreed to make
payment in the amount of $8,382.13 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. Mayer has further 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.
Moyer has agreed to not accept any reimbursement, compensation or other
payment from the MCCD representing a full or partial reimbursement of the amount paid in
settlement of this matter.
Moyer has further agreed to file a complete and accurate SFI for the 2012 calendar
year with the MCCD, through this Commission, 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, Moyer is directed to make
payment in the amount of $8,382.13 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, Moyer is further 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.
Mho e_r, 17 -026
Page 23
Moyer is directed to not accept any reimbursement, compensation or other payment
from the MCCD representing a full or partial reimbursement of the amount paid in
settlement of this matter.
To the extent he has not already done so, Moyer is directed to file a complete and
accurate SFI for the 2012 calendar year with the MCCD, through this Commission, 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.
IV. CONCLUSIONS OF LAW:
As a Member of the Monroe County Conservation District ( "MCCD ") Board of
Directors since December 31, 2012, and as a Member and Chairman of the Quality
Assurance Board QQAB ") of the MCCD since ,January 17, 2013, Respondent David
W. Moyer ( "Moyer ) has been a public official subject to the provisions of the Public
Official and Employee Ethics Act ( "Ethics Act "), 5 Pa.C.S. § 1101 et seg.
2. Moyer violated Section 1103(x) of the Ethics Act, 65 Pa.C.S. § 1103(a), in relation
to his actions as part of the MCCD to approve a disbursement of grant funding to
Tobyhanna Township through the Dirt, Gravel, and Low Volume Road Maintenance
Program, at a time when a business with which he is associated had outstanding
invoices for work performed (equipment and labor) on the grant - funded project,
resulting in Tobyhanna Township paying the invoices in full.
3. No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Moyer's participation in the actions of the QAB and the WD, to approve
the grant to Tobyhanna Township because insufficient evidence exists that Moyer
reasonably knew at that time that Tobyhanna Township would use the business with
which he is associated due to Tobyhanna Township's original intent to use
Township resources on the grant project.
4. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.Slatement 1104(a), occurred in
relation to Mover's failure to file a calendar year 2012 of Financial
Interests with the MCCD.
In Re: David W. Moyer, File Docket: 17 -026
Respondent Date Decided: 10/23/18
Date Mailed: 10/31/18
ORDER MO. 1744
As a Member of the Monroe County Conservation District ( "MCCD ") Board of
Directors, David W. Moyer ( "Moyer' violated Section 1103(a) of the Public Official
and Employee Ethics Act, 65 Pa.C. . § 1103(a), in relation to his actions as part of
the MCCD to approve a disbursement of grant funding to Tobyhanna Township
through the Dirt, Gravel, and Low Volume Road Maintenance Program, at a time
when a business with which he is associated had outstanding invoices for work
performed (equipment and labor) on the grant- funded project, resulting in
Tobyhanna Township paying the invoices in full.
No violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred in
relation to Moyer's participation —as a Member and Chairman of the Dirt, Gravel,
and Low Volume Road Maintenance Program Quality Assurance Board ( "QAB ") of
the MCCD and a Member of the MCCD Board of Directors —in the actions of the
QAB and the MCCD to approve the grant to Tobyhanna Township because
insufficient evidence exists that Moyer reasonably knew at that time that Tobyhanna
Township would use the business with which he is associated due to Tobyhanna
Township's original intent to use Township resources on the grant project.
3. A violation of Section 1104(a) of the Ethics Act, 65 Pa.C.S. § 1104(a), occurred in
relation to Mover's failure to file a calendar year 2012 Statement of Financial
Interests with the MCCD.
4. Per the Consent Agreement of the parties, Moyer is directed to make payment in
the amount of $8,382.13 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, Moyer is further 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 the
Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after
the mailing date of this Order.
6. Moyer is directed to not accept any reimbursement, compensation or other payment
from the MCCD representing a full or partial reimbursement of the amount paid to
settlement of this matter.
7. To the extent he has not already done so, Moyer is directed to file a complete and
accurate Statement of Financial Interests for the 2012 calendar year with the
MCCD, through this Commission, by no later than the thirtieth (30th) day after the
mailing date of this Order.
Mayer, 17 -026
Page 25
8. 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.
a. Non - compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,
h - t
i1idholas A. Colafella, Chair